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Planning Commission

Regular Meeting

Cookeville, TN · October 23, 2006

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Minutes

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 23, 2006 The Cookeville Planning Commission met on Monday, October 23, 2006 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Nina Lunn, Dr. Angelo Volpe, Chris Wakefield, Ryan Williams, and Tod Williams. MEMBERS ABSENT: Dr. Roy Loutzenheiser, Don Prince, and Jim Stafne. STAFF MEMBERS PRESENT: James Mills, and Jayne Barns. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Nina Lunn seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 23, 2006. Dr. Angelo Volpe made the motion to approve the minutes of September 23, 2006. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION ANNEXATION OF REBECCA PLACE-BUNKERHILL ROAD AREA AND PLAN OF SERVICES FOR SAME. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed a feasibility study on the annexation of approximately 383 acres of property located south of the current corporate limits along Bunker Hill and Pigeon Roost Creek Roads. The area proposed for annexation is located entirely within the City of Cookeville Urban Growth Boundary. It includes the Rebecca Place Subdivision. Property owners in the proposed annexation area have been notified by mail and provided an information package on the proposed annexation. A Plan of Services for the proposed annexation area has also been prepared. It should be reviewed on a point by point basis. A written report from the Planning Commission to the City Council regarding the Plan of Services is required. The study area consists of 153 parcels in their entirety and the portion of one (1) other. Located on 106 of these 154 parcels are 108 residential housing units, of which 107 are occupied. The estimated population of the area is 234 persons. There are approximately 2.86 miles of streets in the area all of which are in good condition with an asphalt surface. The proposed annexation area has been identified in the Cookeville Comprehensive Plan as an area primarily best suited for low density residential development with a small area off of South Jefferson Avenue being identified for mixed density residential development. COOKEVILLE PLANNING COMMISSION 2 OCTOBER 23, 2006 Water service to the entire proposed annexation area is currently provided by the City of Cookeville. The area is within the service boundary of the Cookeville Gas Department with all portions north of Pigeon Roost Creek Road, including the Rebecca Place Subdivision, are already provided gas. Electric service is currently provided by the Upper Cumberland Electric Membership Cooperative and the service area will have to be purchased by the City of Cookeville. The area is located within the five (5) mile fire service boundaries of the city’s existing fire stations located on Gould and England Drives. Residents of the area proposed for annexation would receive numerous benefits as a result of annexation. These include improved police and fire protection, reduction of ISO fire insurance rating from Class 9 to Class 2 which can result in a savings on homeowners insurance of up to 20 percent, reduction of natural gas rate by about 25 percent, reduction of water rate by over 30 percent, zoning protection, street lighting, and weekly garbage pick up. Once the area is acquired from UCEMC residents electric rates will be reduced by over 10 percent. Property owners would be required to pay city property tax. The current city property tax rate is $0.79 per $100 of assessed value. Based on current tax appraisals the average annual city property tax for a homeowner in the area would $451.00. Should this area be annexed in 2007, property owners would not be required to pay city property tax until 2008. The estimated cost for the provision of all services to the proposed annexation area is $2.5 million of which the provision of sewer service is $2 million. The provision of sewer to the annexation area is depicted on the Master Sewer Plan of the Department of Water Quality Controls. The estimated annual revenue to the city from property and state shared taxes is $72,000. The owner of the Parcel of which only a portion is proposed for annexation has requested that his entire tract, an additional estimated 133 acres, be included in the annexation. The residential structure located on the property is not accessed from a street proposed for annexation. This would require city departments to go outside the city to access the residence. To include this street, a minimum of three additional properties would have to be included in the annexation. The owners of these properties have not been notified regarding annexation and the costs for providing the necessary services have not been determined. Because of these factors the Planning Department recommends that the annexation of these properties be considered in a later feasibility study. Staff recommended approval of the Plan of Services and approval of Annexation with recommendation to City Council for RS-20, Single Family Residential Zoning. Ralph Jones, 118 Leon Drive, was opposed to the annexation because the savings would not be substantial enough to justify the additional taxes. Ann Yoder, 116 Laura Place, stated that she had only lived there for 4 months and that her septic tank was new and she also invested in a new propane tank and that trash pickup was the only benefit and that she was opposed to the annexation. COOKEVILLE PLANNING COMMISSION 3 OCTOBER 23, 2006 Robert Herald, 130 Leon Drive, stated that he did not move into the County to be annexed into the city limits. Lisa Toole, 112 Helen Place, asked why this Subdivision was not annexed sooner. Mr. Mills replied that this Subdivision was developed in 1998 before the Urban Growth Boundary was established. Carl Moore Jr., 107 Helen Place, was opposed to the annexation. Mark Wieczorek, 111 Leon Drive, stated that if the Subdivision had been developed after annexation into the City, drainage and sidewalks could have been addressed. Chris Wakefield made the motion to approve the Annexation and Plan of Services, with the recommendation to the City Council for RS20, Single-Family Residential Zoning. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED ANNEXATION AND PLAN OF SERVICES RS20 ZONING. CONSIDER FOR ACTION AMENDING THE ZONING CODE ESTABLISHING A NEW ZONING DISTRICT TO BE ENTITLED QM, QUARRY AND MINING DISTRICT AND ESTABLISHING SPECIAL STANDARDS FOR QUARRIES AND MINERIAL EXTRACTION OPERATIONS. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared for consideration a new zoning district entitled as QM, Quarry and Mining District and additional standards for quarries and mineral extraction operations. The QM District would be inserted as a new district within the Zoning Code. The proposed district is intended primarily for quarry and mineral extraction operations and related operations such as concrete products and asphalt mixing. No special exceptions are proposed. Some of the suggested requirements include a minimum site requirement of 20 acres, separation of a minimum of 100 feet from residential properties with screening, and hard surfacing of all access roads. The district requires that access to quarry and mining operations be designed and located to minimize nuisance to neighboring properties. Additional standards for quarries and mining uses are also proposed. The additional standards include provisions for site plans, operating standards, and reclamation plans. The Zoning Code currently has no specific requirements for quarries and mining uses. Staff recommended approval of the amendments. The Board had the following concerns about the establishment of a new QM zone: (1) Allowing heavy manufacturing type of uses inside the city limits, (2) Safety concerns with additional truck traffic (3) Providing a secondary access and having the road completed prior to requesting a zoning change, and (4) Adding a new zone to allow expansion of an non- conforming use. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 23, 2006 Chris Wakefield made the motion to revise the following sections: (1) Section 230.4 - The minimum site area of property within the QM District was changed from 20 acres to 50 acres, and Section 230.5 - No part of any quarry or mining operation shall be located closer than 100’ was changed to 250’ from any residential property line. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Bruce McCormick, Cookeville Limestone, stated that the rock quarry was annexed into the City of Cookeville and that the proposed additional uses would work together with that type of business. Gene Caldwell, 1074 Old Cavalry Road, stated that they are currently blasting closer than 200’. His neighbor, Harold Walker built his new house after the rock quarry had closed. The rock quarry was closed for over two years. They were unaware that they would be reopening the quarry. He was concerned that the rock quarry would look like the one at Crab Orchard and it would not be a selling point for Cookeville, since it is the first exit to Cookeville from the East. He suggested that a mining tax be imposed if the City is going to allow expansion of the rock quarry. Ryan Williams made the motion to approve the QM zoning with the amendments. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 110 SOUTH WILLOW AVENUE FROM CL (LOCAL COMMERCIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY KIRT T. LAMB ON BEHALF OF JESSE LAMB. James Mills stated that Mr. Kirk Lamb has submitted for approval a request to rezone his property located at 110 South Willow Avenue and identified as Parcel 10.01 on Map 53G, Group H from CL, Local Commercial to CG, General Commercial. The subject property is the only parcel on South Willow Avenue south of Broad Street to Interstate 40 that is zoned other than CG, General Commercial or CR, Regional Commercial. The primary purpose of the request is to allow the conversion of an existing off-premise sign owned by Lamar Advertising to an electronic display screen. The conversion of off-premise signs to an electronic display screens is prohibited in the CL District but is permitted in the CG District. Staff recommended approval of the request. Dr. Angelo Volpe made the motion to approve the rezoning request. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CONVERSION OF WEST 5TH STREET FROM 2-WAY TRAFFIC TO ONE-WAY TRAFFIC WEST BETWEEN MEDICAL CENTER BOULEVARD AND NORTH WHITNEY AVENUE. REQUEST SUBMITTED BY CRMC. James Mills stated that Cookeville Regional Medical Center (CRMC) has submittal for approval a request to convert a portion of West 5th Street from Medical Center Boulevard west to North Whitney Avenue from two-way traffic to one-way traffic headed west. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 23, 2006 The proposed conversion of a portion of West 5th Street is necessary to control traffic flow around the planned new entrance to the hospital. It is depicted on the Medical Services District Master Plan, which was previously approved by the Planning Commission. The CRMC owns all contiguous property with the exception of the Upper Cumberland Physicians Surgery Center located at the southeast corner of West 5th Street and North Whitney Avenue and the owners of this property have indicated that they are not opposed to the conversion and a letter was submitted to the Board. The proposed conversion to one-way traffic flow has also been approved by the Public Works Department. Staff recommended approval of the request. Nina Lunn made the motion to approve the conversion of West 5th Street from 2-way traffic to one-way traffic west between Medical Center Boulevard and North Whitney Avenue. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Ryan Williams made the motion to take the following items for study. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 761 BUFFALO VALLEY ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY BILL SHRECKENGOST ON BEHALF OF LOUIS SCANTLAND. (2) CONSIDER FOR STUDY VARIOUS AMENDMENTS TO THE COOKEVILLE ZONING CODE. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY PRELIMINARY PLAT OF REMINGTON, 11 LOTS LOCATED ON NORTH PICKARD AVENUE. REQUEST SUBMITTED BY HAROLD EVANS. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • COPPERFIELD PHASE II AMENDMENT FOR LOT 5 – 1 LOT LOCATED ON FISK ROAD – SONJA BROWN. • MOUNT VERNON COMBINATION PLAT LOTS 36 & 37 – 1 LOT LOCATED ON VALLEY FORCE – CHARLES NABORS. • ASKARY & HUDSON DIVISION – 2 LOTS LOCATED ON VINSON STREET – KAMBIZ ASKARY. ADJOURNMENT: 6:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ___________________________ _______________________________________ JAYNE BARNS CPS TOD WILLIAMS, ACTING CHAIRMAN COOKEVILLE PLANNING COMMISSION 6 OCTOBER 23, 2006 PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

Agenda

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 23, 2006 The Cookeville Planning Commission met on Monday, October 23, 2006 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Nina Lunn, Dr. Angelo Volpe, Chris Wakefield, Ryan Williams, and Tod Williams. MEMBERS ABSENT: Dr. Roy Loutzenheiser, Don Prince, and Jim Stafne. STAFF MEMBERS PRESENT: James Mills, and Jayne Barns. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Nina Lunn seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 23, 2006. Dr. Angelo Volpe made the motion to approve the minutes of September 23, 2006. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION ANNEXATION OF REBECCA PLACE-BUNKERHILL ROAD AREA AND PLAN OF SERVICES FOR SAME. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed a feasibility study on the annexation of approximately 383 acres of property located south of the current corporate limits along Bunker Hill and Pigeon Roost Creek Roads. The area proposed for annexation is located entirely within the City of Cookeville Urban Growth Boundary. It includes the Rebecca Place Subdivision. Property owners in the proposed annexation area have been notified by mail and provided an information package on the proposed annexation. A Plan of Services for the proposed annexation area has also been prepared. It should be reviewed on a point by point basis. A written report from the Planning Commission to the City Council regarding the Plan of Services is required. The study area consists of 153 parcels in their entirety and the portion of one (1) other. Located on 106 of these 154 parcels are 108 residential housing units, of which 107 are occupied. The estimated population of the area is 234 persons. There are approximately 2.86 miles of streets in the area all of which are in good condition with an asphalt surface. The proposed annexation area has been identified in the Cookeville Comprehensive Plan as an area primarily best suited for low density residential development with a small area off of South Jefferson Avenue being identified for mixed density residential development. COOKEVILLE PLANNING COMMISSION 2 OCTOBER 23, 2006 Water service to the entire proposed annexation area is currently provided by the City of Cookeville. The area is within the service boundary of the Cookeville Gas Department with all portions north of Pigeon Roost Creek Road, including the Rebecca Place Subdivision, are already provided gas. Electric service is currently provided by the Upper Cumberland Electric Membership Cooperative and the service area will have to be purchased by the City of Cookeville. The area is located within the five (5) mile fire service boundaries of the city’s existing fire stations located on Gould and England Drives. Residents of the area proposed for annexation would receive numerous benefits as a result of annexation. These include improved police and fire protection, reduction of ISO fire insurance rating from Class 9 to Class 2 which can result in a savings on homeowners insurance of up to 20 percent, reduction of natural gas rate by about 25 percent, reduction of water rate by over 30 percent, zoning protection, street lighting, and weekly garbage pick up. Once the area is acquired from UCEMC residents electric rates will be reduced by over 10 percent. Property owners would be required to pay city property tax. The current city property tax rate is $0.79 per $100 of assessed value. Based on current tax appraisals the average annual city property tax for a homeowner in the area would $451.00. Should this area be annexed in 2007, property owners would not be required to pay city property tax until 2008. The estimated cost for the provision of all services to the proposed annexation area is $2.5 million of which the provision of sewer service is $2 million. The provision of sewer to the annexation area is depicted on the Master Sewer Plan of the Department of Water Quality Controls. The estimated annual revenue to the city from property and state shared taxes is $72,000. The owner of the Parcel of which only a portion is proposed for annexation has requested that his entire tract, an additional estimated 133 acres, be included in the annexation. The residential structure located on the property is not accessed from a street proposed for annexation. This would require city departments to go outside the city to access the residence. To include this street, a minimum of three additional properties would have to be included in the annexation. The owners of these properties have not been notified regarding annexation and the costs for providing the necessary services have not been determined. Because of these factors the Planning Department recommends that the annexation of these properties be considered in a later feasibility study. Staff recommended approval of the Plan of Services and approval of Annexation with recommendation to City Council for RS-20, Single Family Residential Zoning. Ralph Jones, 118 Leon Drive, was opposed to the annexation because the savings would not be substantial enough to justify the additional taxes. Ann Yoder, 116 Laura Place, stated that she had only lived there for 4 months and that her septic tank was new and she also invested in a new propane tank and that trash pickup was the only benefit and that she was opposed to the annexation. COOKEVILLE PLANNING COMMISSION 3 OCTOBER 23, 2006 Robert Herald, 130 Leon Drive, stated that he did not move into the County to be annexed into the city limits. Lisa Toole, 112 Helen Place, asked why this Subdivision was not annexed sooner. Mr. Mills replied that this Subdivision was developed in 1998 before the Urban Growth Boundary was established. Carl Moore Jr., 107 Helen Place, was opposed to the annexation. Mark Wieczorek, 111 Leon Drive, stated that if the Subdivision had been developed after annexation into the City, drainage and sidewalks could have been addressed. Chris Wakefield made the motion to approve the Annexation and Plan of Services, with the recommendation to the City Council for RS20, Single-Family Residential Zoning. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED ANNEXATION AND PLAN OF SERVICES RS20 ZONING. CONSIDER FOR ACTION AMENDING THE ZONING CODE ESTABLISHING A NEW ZONING DISTRICT TO BE ENTITLED QM, QUARRY AND MINING DISTRICT AND ESTABLISHING SPECIAL STANDARDS FOR QUARRIES AND MINERIAL EXTRACTION OPERATIONS. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared for consideration a new zoning district entitled as QM, Quarry and Mining District and additional standards for quarries and mineral extraction operations. The QM District would be inserted as a new district within the Zoning Code. The proposed district is intended primarily for quarry and mineral extraction operations and related operations such as concrete products and asphalt mixing. No special exceptions are proposed. Some of the suggested requirements include a minimum site requirement of 20 acres, separation of a minimum of 100 feet from residential properties with screening, and hard surfacing of all access roads. The district requires that access to quarry and mining operations be designed and located to minimize nuisance to neighboring properties. Additional standards for quarries and mining uses are also proposed. The additional standards include provisions for site plans, operating standards, and reclamation plans. The Zoning Code currently has no specific requirements for quarries and mining uses. Staff recommended approval of the amendments. The Board had the following concerns about the establishment of a new QM zone: (1) Allowing heavy manufacturing type of uses inside the city limits, (2) Safety concerns with additional truck traffic (3) Providing a secondary access and having the road completed prior to requesting a zoning change, and (4) Adding a new zone to allow expansion of an non- conforming use. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 23, 2006 Chris Wakefield made the motion to revise the following sections: (1) Section 230.4 - The minimum site area of property within the QM District was changed from 20 acres to 50 acres, and Section 230.5 - No part of any quarry or mining operation shall be located closer than 100’ was changed to 250’ from any residential property line. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Bruce McCormick, Cookeville Limestone, stated that the rock quarry was annexed into the City of Cookeville and that the proposed additional uses would work together with that type of business. Gene Caldwell, 1074 Old Cavalry Road, stated that they are currently blasting closer than 200’. His neighbor, Harold Walker built his new house after the rock quarry had closed. The rock quarry was closed for over two years. They were unaware that they would be reopening the quarry. He was concerned that the rock quarry would look like the one at Crab Orchard and it would not be a selling point for Cookeville, since it is the first exit to Cookeville from the East. He suggested that a mining tax be imposed if the City is going to allow expansion of the rock quarry. Ryan Williams made the motion to approve the QM zoning with the amendments. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 110 SOUTH WILLOW AVENUE FROM CL (LOCAL COMMERCIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY KIRT T. LAMB ON BEHALF OF JESSE LAMB. James Mills stated that Mr. Kirk Lamb has submitted for approval a request to rezone his property located at 110 South Willow Avenue and identified as Parcel 10.01 on Map 53G, Group H from CL, Local Commercial to CG, General Commercial. The subject property is the only parcel on South Willow Avenue south of Broad Street to Interstate 40 that is zoned other than CG, General Commercial or CR, Regional Commercial. The primary purpose of the request is to allow the conversion of an existing off-premise sign owned by Lamar Advertising to an electronic display screen. The conversion of off-premise signs to an electronic display screens is prohibited in the CL District but is permitted in the CG District. Staff recommended approval of the request. Dr. Angelo Volpe made the motion to approve the rezoning request. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CONVERSION OF WEST 5TH STREET FROM 2-WAY TRAFFIC TO ONE-WAY TRAFFIC WEST BETWEEN MEDICAL CENTER BOULEVARD AND NORTH WHITNEY AVENUE. REQUEST SUBMITTED BY CRMC. James Mills stated that Cookeville Regional Medical Center (CRMC) has submittal for approval a request to convert a portion of West 5th Street from Medical Center Boulevard west to North Whitney Avenue from two-way traffic to one-way traffic headed west. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 23, 2006 The proposed conversion of a portion of West 5th Street is necessary to control traffic flow around the planned new entrance to the hospital. It is depicted on the Medical Services District Master Plan, which was previously approved by the Planning Commission. The CRMC owns all contiguous property with the exception of the Upper Cumberland Physicians Surgery Center located at the southeast corner of West 5th Street and North Whitney Avenue and the owners of this property have indicated that they are not opposed to the conversion and a letter was submitted to the Board. The proposed conversion to one-way traffic flow has also been approved by the Public Works Department. Staff recommended approval of the request. Nina Lunn made the motion to approve the conversion of West 5th Street from 2-way traffic to one-way traffic west between Medical Center Boulevard and North Whitney Avenue. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Ryan Williams made the motion to take the following items for study. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 761 BUFFALO VALLEY ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY BILL SHRECKENGOST ON BEHALF OF LOUIS SCANTLAND. (2) CONSIDER FOR STUDY VARIOUS AMENDMENTS TO THE COOKEVILLE ZONING CODE. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY PRELIMINARY PLAT OF REMINGTON, 11 LOTS LOCATED ON NORTH PICKARD AVENUE. REQUEST SUBMITTED BY HAROLD EVANS. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • COPPERFIELD PHASE II AMENDMENT FOR LOT 5 – 1 LOT LOCATED ON FISK ROAD – SONJA BROWN. • MOUNT VERNON COMBINATION PLAT LOTS 36 & 37 – 1 LOT LOCATED ON VALLEY FORCE – CHARLES NABORS. • ASKARY & HUDSON DIVISION – 2 LOTS LOCATED ON VINSON STREET – KAMBIZ ASKARY. ADJOURNMENT: 6:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ___________________________ _______________________________________ JAYNE BARNS CPS TOD WILLIAMS, ACTING CHAIRMAN COOKEVILLE PLANNING COMMISSION 6 OCTOBER 23, 2006 PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

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