Planning Commission Minutes

Minutes for the Meeting of the City of Dyersburg Municipal-Regional Planning Commission April 12, 2018 10:00 am Municipal Courtroom Commission Members Present: Mayor John Holden, Brian Ramm, Tony Dement (by Conference call), and Mark Oaks, Sherry Guthrie. Other Staff Present: Thomas Mullins, Codes Enforcement, Carmen Cupples IT. Russell Norville, Civil Engineering Solutions, Scott Ball, Storm Water and Construction Inspection, and Tiffany Heard, City Engineer, Craig Barron, Barron Engineering. In absence of Chairman Burks and Vice-Chairman Paul Newbill, Mayor Holden assumed the chairmanship calling the meeting to order and declared that a quorum was present. Mayor Holden called for a motion to approve the minutes from the March 8, 2018 meeting. Commissioner Brian Ramm motioned to approve the minutes. The motion was seconded by Commissioner Mark Oaks and approved by the Commission. Mayor Holden called for any old business. None was presented. New Business: A. No. 1 Real Estate Mini-Storage Site Plan Information from Staff: Background A site plan has been submitted on behalf of No. 1 Real Estate to construct three mini-storage buildings on Highway 51 South Bypass. The property can be further identified as Parcel 20.04 on Dyer County Tax Map 114. The property is zoned PB (Planned Business) District. The property appears to be located in the .02 percent “flood fringe area according to FIRM #47045C0194E, effective on 10/16/2008. Analysis The City Engineer is not requiring any engineering work for the site as all the asphalt is existing. No planned parking is required as these units are outdoor access units. Staff has asked for verification of the flood hazard boundary to ensure this parcel lies within a Zone X “Flood Fringe” zone and not an AE Flood hazard area. This was provided by the surveyor. The site plan is using the existing access to Highway 51 therefore a permit from the Tennessee Department of Transportation is not required. Recommendation Staff recommended approval of the site plan. After discussion, Mayor Holden called for a motion for approval of the site plan. Commissioner Mark Oaks motioned to approve the request. Commissioner Brian Ramm seconded the motion. The motion was approved. B. Village at the Farms Site Plan – Phase II Information from Staff: Background A site plan has been submitted for The Village at the Farms. The property is located on Fairway Drive. The properties can be further identified as Parcel 34.00 on Dyer County Tax Map 87. The property is zoned R-2. The property does not appear to be in a federally identified flood hazard area. Analysis The site plan is showing two proposed multi-family buildings with 8 units per building for a total of 16 multi-family units. The site plan meets the parking requirements for Multi-Family Developments. Multi-Family units are a use permitted in the R-2 zoning district. The City Engineer is currently reviewing the plans in regards to grading and drainage issues to ensure no increased run-off occurs onto neighboring properties. Staff has been advised the site plan meets the approval of the Dyersburg Fire Department. Recommendation Staff recommended approval of the Site Plan provided approval by the City Engineer. After discussion, Mayor Holden called for a motion for the site plant. Commissioner Sherry Guthrie motioned to approve the request. Commissioner Brian Ramm seconded the motion. The motion was approved.  C. Cobblestone Subdivision Preliminary Plat Information from Staff: Background A subdivision plat has been submitted on behalf of Duckland Ventures, LLC to create a new road and 23 Lots on Millsfield Highway. The property can be further identified as Parcel 20.02 on Dyer County Tax Map 074. The property is zoned R-2 (Medium Density Residential) District, and R-1A (Medium Density Single Family Residential) District. A portion of the property appears to be located in a Zone AE and a Zone X Flood Fringe Area according to FIRM #47045C0184E, effective on 10/16/2008. Analysis Staff has asked for the setbacks/building lines to be shown on the lots. This is to ensure that lot has an adequate amount of buildable space. The lots meet the lot area requirements of the R-1A and R-2 districts for single family homes. (7,500 square feet) Construction plans will be required to be submitted and approved by the City Engineer prior to Final Plat approval. The proposed road is unnamed at this time. The chosen road name shall be approved by Dyer County E911 emergency management prior to the approval of a final plat. The approval of the preliminary plat by the planning commission will not constitute acceptance of the final plat and will not be indicated on the preliminary plat. The City Engineer should have access to the contours and geographic constraints of the property which could affect the buildable area of the lots. Staff has been advised that the utility capacity in this area is adequate for the creation of these lots. Recommendation Staff recommended approval of the preliminary plat. After discussion, Mayor Holden called for a motion to approve the preliminary plat. Commissioner Brian Ramm motioned to approve the request. Commissioner Sherry Guthrie seconded the motion. The motion was approved.  D. Harton Liberty Minor Subdivision Plat Information from Staff: Background A minor subdivision plat has been submitted on behalf of Stephen Barton to create four lots on Harton Avenue near its intersection with Cedar Street and adjacent to Liberty Avenue. The property can be further identified as Parcel 18.00 on Dyer County Tax Map 088F, Group B. The property is zoned R-4 (High Density Residential) District. The property does not appear to be located in a federally identified flood hazard area. Analysis There are presently 8 units constructed on this single lot. This lot is approximately 30,000 square feet. The minimum lot size of the R-4 district is 4,590 square feet (These existing units are non-conforming currently according to the following standard in the Dyersburg Municipal Zoning Ordinance: Section G. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot. Staff has asked for the setbacks/building lines to be shown on the plat to determine if there is adequate buildable area on the proposed lots. A 45-foot lot width is required in the R-4 district in addition to a 25-foot front and rear setback. At least one 15-foot side setback is required and the building may touch one property line. Staff has been advised that all lots have existing utilities and can support the new lots. Recommendation Staff recommended approval. Mayor Holden asked questions regarding the lack of easement access for utility service by the city. There is not easement for such access at the present time. Mr. Mullins noted this could present a future issue should the property be later sold. Mr. Baron opined that such an easement would be practical and beneficial. He noted that he could draw in a legal easement for staff approval. Mr. Mullins further noted that with the addition and staff approval of an easement to the plat, the city and the Commission could accept the proposed plat. The plat would not become legally accepted until the document is officially signed by the Commission Secretary. After discussion, Mayor Holden called for a motion to approve the plat request. Commissioner Mark Oaks motioned to approve the plat provided the requester enter a dedicated written and recorded easement to the plat, and approved by staff for utility access, followed by city acceptance of the easement. Commissioner Brian Ramm seconded the motion. The motion was approved. E. Text Amendment – Amending Billboard Height Requirement Information from Staff: Background/Analysis Staff is proposing a text amendment to the existing sign regulations to clarify the height requirement for Billboards. Currently the only height requirement that can be applied for Billboards is outlined in the “Notes” section of the Sign Ordinance. The notes appear to restrict billboards to 35 feet. Advertising Signs- Off Premise (Billboards) (1,2,3,5) The “2” in the above note refers to a 35-foot height restriction which applies to most advertising signs in the City of Dyersburg. At a recent Board of Zoning Appeals meeting, staff concurred that 35 feet was impractical when applied to Billboards and the Board of Zoning Appeals ruled that the 35 feet restriction was not intended to apply to Billboards. Staff is proposing the new standards for the Billboard section of the sign regulations. The entire Billboard regulations are listed below with the newly stated proposed height restriction in bold below: C. Advertising Signs-Off Premise (Billboards) 1 Allowed one per location in M-2 and M-3 districts 2 Shall be no closer than 1,000 feet apart on same side of the street. If the off-premise sign is either entirely or partially an electronic message sign, the signs shall be spaced at minimum of 2,000 feet on the same side of the street. (TCA 54-21-122) 3 This sign shall not exceed 380 sq. ft., and double signs or stacking on one pole is not permitted. The lowest portion of the sign shall be a minimum of 10 feet from grade. 4 Advertising Billboards Signs are subject to a standard construction plans review fee and shall be approved by the Dyersburg Planning Commission prior to permitting. Engineered sealed drawings are required for billboard structures. (New Language) 5 No Advertising Billboard Sign shall exceed a height of 60 feet from grade. In addition to the above language, this text amendment will delete the number “2” from the notes above. Recommendation Staff recommended the Planning Commission send a positive recommendation on the proposed text amendment to the Board of Mayor and Aldermen. After discussion, Mayor Holden called for a motion for the staff recommendation. Commissioner Mark Oaks motioned to approve the text change recommendation to the existing ordinance. Commissioner Sherry Guthrie seconded the motion. The motion was approved and will be presented before the Board of Mayor and Aldermen. F. Any other new business that may be accepted by the Planning Commission. None presented. G. Other Business/Reports: No report. H. Administrative Reports: No report. With no further business, the meeting adjourned at 10:33 a. m. __________________________ Tony Dement, Secretary __________________________ Robert C. Jones, City Recorder