Planning Commission
Regular MeetingCookeville, TN · November 24, 2008
Minutes
COOKEVILLE PLANNING COMMISSION
MINUTES
NOVEMBER 24, 2008
The Cookeville Planning Commission met on Monday, November 24, 2008 at 5:30 p.m., in the
Council Chambers, 45 E. Broad Street, Cookeville, Tennessee.
MEMBERS PRESENT: Jim Stafne, Tod Williams, Dr. Roy Loutzenheiser, Judy Jennings,
Chris Wakefield, Ryan Williams, Aaron Bernhardt, and Randy Dalton.
MEMBERS ABSENT: Dr. Angelo Volpe.
STAFF MEMBERS PRESENT: Jim Shipley, Jayne Barns, and Ken Young.
STAFF MEMBERS ABSENT: James Mills.
OTHERS PRESENT: See attached Record of Attendance.
CONSIDER FOR ACTION CANCELLING THE DECEMBER 15, 2008 MEETING. Jim
Stafne stated that in the past the Planning Commission did not meet in December and he felt that
since Mr. Mills would be out of the office until January due to health reasons that the Board
should vote to cancel the meeting in December.
Randy Dalton made the motion to cancel the Planning Commission meeting on December 15,
2008. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously.
MEETING CANCELLED IN DECEMBER.
It was announced that Aaron Bernhardt would be abstaining from Action Items # 3, 5, 6, & 8.
CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Tod Williams made the
motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the
motion carried unanimously. APPROVED.
CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 27, 2008. Chris Wakefield
made the motion to approve the minutes of October 27, 2008. Dr. Roy Loutzenheiser seconded
the motion and the motion carried unanimously. APPROVED.
Staff reported that Mike Gaw has to leave the meeting early in order to get to the Nashville
Airport in time to pick up his family for the Holiday. He wanted to be present in case the Board
members had any questions and asked if his item could be moved up on the agenda. Jim Stafne
agreed to the request.
CONSIDER FOR ACTION REZONING 420 & 430 PEEK DRIVE AND 412 BLAKE
CIRCLE FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY
RESIDENTIAL). REQUEST SUBMITTED BY MICHAEL AND LOUISE GAW. Ken
Young stated that Mr. Mike Gaw has submitted a request to rezone from RS-10, Single Family
Residential to RM-8, Multi-Family Residential his properties located at 420 and 430 Peek Drive
and 412 Blake Circle. Mr. Gaw has indicated that the purpose of the rezoning to allow the
construction of multi-family residential dwelling units.
COOKEVILLE PLANNING COMMISSION 2
NOVEMBER 24, 2008
The subject properties are identified as Parcel 7.02 and a portion of Parcel 7.03 on Tax Map 40
and Parcel 27.00 on Tax Map 40H, Group C. Combined these three (3) parcels consist of
approximately 4.24 acres, or 184,000 square feet. A mobile home is located on Parcel 7.02, two
(2) single-family residential structures are located on Parcel 7.03, and Parcel 27.00 is vacant.
Parcel 27.00 is also identified as Lot 27 of the Northhaven Estates Subdivision. If rezoned,
approximately 36 dwelling units could be located on the subject properties (184,000 square feet
divided by 5,000 square feet per dwelling unit).
The properties are contiguous with RS-10 zoning to the north, west and south and with RM-8
zoning to the east. The zoning of Parcel 7.03 is split with the eastern portion, consisting of
approximately .74 acres, zoned as RM-8 and the western portion, consisting of approximately
3.5 acres, zoned as RS-10. Access to Parcels 7.02 and 7.03 is from Peek Drive, which is a
substandard street with a width of only approximately 15 feet. Peek Drive, in its current
condition, is not suitable as access to high density development. Mr. Gaw has indicated that
access to the properties would be provided from Blake Circle through Parcel 27.00. Blake Circle
complies with the applicable street construction standards.
The Comprehensive Future Land Use Plan indicates that the property is primarily best suited for
low density residential use with an eastern portion suitable for mixed density residential use.
The properties appear to have adequate access to public utilities. While the parcels along Blake
Circle within the Northhaven Estates Subdivision consist primarily of single-family residential
structures, Putnam County Assessor records indicate that none of the structures are owner
occupied.
A primary concern for higher density development of the subject properties is access. It is
significant to note that approximately six (6) multi-family units could be located on the estimated
32,000 square feet of Parcel 7.03 already zoned as RM-8 and, if developed, would be accessed
from Peek Drive. Providing access to the properties from Blake Circle would appear to address
this concern.
Approximately 15 additional single family units could be constructed on the estimated 152,000
square feet in land of the parcels currently zoned as RS-10. When combined with the portion
already zoned as RM-8 a total of 21 dwelling units could potentially be located on the properties
as currently zoned. As noted the proposed rezoning would potentially allow the location of 36
dwelling units on the properties, or increase of 15 units.
Staff recommended conditional approval of rezoning subject to the submittal and approval of a
subdivision plat combining the three (3) parcels and to an agreement from the property owner
that access to the combined properties be restricted to Blake Circle only or until Peek Drive is
brought up to required street standards.
Dr. Roy Loutzenheiser stated that Carolina Avenue is already being a substandard street and
adding more development to a street that cannot support the extra traffic would potentially create
more safety hazards.
Ben Rodgers stated that his grandmother owns the property north of Peek Drive and that his
Uncle owns the property west of Peek Drive. Both of them purchased extra property to prevent
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NOVEMBER 24, 2008
apartments from encroaching into the single family residential areas. He added that Carolina
Avenue has several blind driveways which are currently dangerous.
Kelly Ramsey owns 10 acres adjoining the request. He stated that if Peek was not widened what
would prevent the developer from using Peek as a back entrance. Mr. Ramsey was concerned
that if this property was rezoned then other property owners in the area would want their
properties rezoned too and cause further encroachment on the single-family areas.
Jim Stafne stated that if this rezoning was approved, then it could open the door for more
rezoning requests in the future.
Dr. Roy Loutzenheiser made the motion to deny the request to rezone 420 & 430 Peek Drive and
412 Blake Circle. Chris Wakefield seconded the motion. Votes: Jim Stafne - aye, Tod Williams
-aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams -
aye, Aaron Bernhardt - abstain, and Randy Dalton aye. Motion carried. DENIED.
Ken Young stated that Mr. Gaw had the right to appeal the decision to the City Council.
CONSIDER FOR ACTION REZONING A PORTION OF 801 NOTTINGHAM DRIVE
FROM CR (REGIONAL COMMERCIAL) TO CL (LOCAL COMMERCIAL).
REQUEST SUBMITTED BY JERRY GAW, PAUL GAW, AND JAMES SMITH. Ken
Young stated that Mr. Jerry Gaw, on behalf of fellow property owners Paul Gaw and James
Smith, has submitted a request to rezone from CR, Regional Commercial to CL, Local
Commercial a portion of their property located at 801 Nottingham Drive.
The property is identified as a portion of Parcel 59.00 on Tax Map 67A, Group F and consists of
approximately 2.6 acres. The current zoning of the subject parcel is split, with the majority,
approximately 5.9 acres, zoned as CL and the remaining approximately 2.6 acres zoned as CR.
The property is contiguous with CR zoning to the north, south and west, and with CL, to the east.
The subject property was previously a portion of Parcel 4.00 on Tax Map 67A, Group F;
however, it was physically separated from the remainder of Parcel 4.00 by a wetland area. The
only access to portion of property is from Nottingham Drive through the remainder of Parcel
59.00. In September of this year the property was severed from Parcel 4.00 and added to Parcel
59.00
The Comprehensive Future Land Use Plan indicates that the property is best suited for mixed
density residential and regional commercial use. The CR zone is intended for large scale
commercial uses accessed by streets of at least major collector status. As noted the portion of the
property proposed for rezoning is accessed from Nottingham Drive, which is classified as a local
street. Additionally, the physical characteristics of the property, including size and natural
factors, significantly limit reasonable use under CR zoning.
Staff recommended approval of the rezoning request.
Jeannine Wirey spoke on behalf of several residents in the area, who were unable attend due to
the Thanksgiving Holiday. There concerns were about the drainage and flooding in the area and
COOKEVILLE PLANNING COMMISSION 4
NOVEMBER 24, 2008
the impact of the development and they were also concerned about environmental issues with the
wildlife in the area of the development.
Jim Stafne stated that the developer will have to meet all the City and State requirements.
Ken Young stated that the Post Development cannot create more water runoff than what is there
now and that the grading and drainage plans will be reviewed by the City.
Chris Wakefield made the motion to approve rezoning a portion of 801 Nottingham Drive from
CR (Regional Commercial) to CL (Local Commercial). Judy Jennings seconded the motion.
Votes: Jim Stafne, - aye, Tod Williams - aye, Dr. Roy Loutzenheiser -aye, Judy Jennings -aye,
Chris Wakefield - aye, Ryan Williams -aye, Aaron Bernhardt - abstain, and Randy Dalton- aye.
Motion carried. APPROVED.
CONSIDER FOR ACTION REZONING 641 HORACE LEWIS ROAD FROM CI
(COMMERCIAL-INDUSTRIAL MIXED USE) TO HM (HEAVY MANUFACTURING).
REQUEST SUBMITTED BY JANNIE WORLEY TRUSTEE ON BEHALF OF ELLIE
BULLINGTON TRUST. Ken Young stated that Ms. Jannie Worley, Trustee on behalf of the
Essie Bullington Trust, has submitted a request to rezone from CI, Commercial-Industrial Mixed
Use to HM, Heavy Manufacturing property located at 641 Horace Lewis Road.
The subject property is identified as a portion Parcel 18.00 on Tax Map 96. The parcel in its
entirety consists of approximately 29.4 acres. The zoning of the property is currently split with
the majority, approximately 25.9 acres, zoned as CI and the remainder, approximately 3.5 acres
zoned as RS-20. The property is contiguous with CI zoning to the north, and west, and with RS-
20, Single Family Residential zoning to the east, and with CI and RS-20 zoning to the south.
The Comprehensive Future Land Use Plan indicates that this property would be best suited for
commercial-industrial mixed use, with the exception of a small portion extending to Old Sparta
Road which is indicated as being best suited for low density residential use. The property is
accessed from Horace Lewis Road, which is classified as a local street, and Old Sparta Road,
which is classified as a minor collector street. Public sewer is not available to the property.
The HM District is intended for heavy industrial uses and establishments involved in the base
processing and manufacturing of material or products. The petitioner has indicated that the
purpose of the rezoning request is for the location of a scrap metal recycling facility. Such
facilities are allowed in the HM District as uses permitted on appeal subject to compliance with
specific conditions.
The uses permitted and permitted on appeal in the HM District generally have characteristics that
can negatively affect neighboring properties, especially residential properties. These
characteristics include noise, odor, and appear. Due to these characteristics properties zoned as
HM should be located or situated to have as little impact on neighboring properties as possible.
As noted the subject property is depicted in the Future Land Use Plan as being best suited for
commercial and industrial mixed use, which is how it is currently zoned. The Planning
Department is unaware of any factors that would justify altering the findings of the plan. The
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NOVEMBER 24, 2008
Planning Department is also of the opinion that the proposed rezoning could have significant
negative impacts on nearby properties that would be difficult to mitigate.
Staff recommended denial of the request.
Staff reported that a petition with 69 property owners in opposition to the rezoning request was
received today.
Steve Lewis, spoke on behalf of his grandmother Sara Lewis, who was opposed to the request.
He stated that this property had recently been cleaned up and that they would hate to see the
property used for a savage yard. He was also concerned about the effect it would have on the
existing residential homes.
Thad Drake stated that he owned 17 acres off Old Sparta Road and that his concerns were
diminishing property value, hazardous waste run off and the overall negative impact from this
type of use close to residential areas.
Tod Williams made the motion to deny rezoning 641 Horace Lewis Road. Judy Jennings
seconded the motion and the motion carried unanimously. DENIED.
Ken Young stated that Ms. Jannie Worley had the right to appeal the decision to the City
Council.
CONSIDER FOR ACTION REQUIRED STREET IMPROVEMENT ALTERNATIVE
FOR STONE CREEK DIVISION, PHASE II. REQUEST SUBMITTED BY AARON
BERNHARDT. Ken Young stated that Mr. Aaron Bernhardt has submitted a request for an
alternative for the street improvements required for the completion of Phase II of the Stone
Creek Division located off Braswell Drive
The Stone Creek Division, Phase I was approved by the Planning Commission in June of 2007.
Phase II of this development was planned to consist of five (5) or six (6) lots located off Braswell
Avenue. Braswell Avenue is a substandard street with a width of approximately 13 to 14 feet. A
condition for the approval of Phase II was the improvement and widening of Braswell Avenue to
required street standards.
Mr. Bernhardt is requesting that in lieu of expanding the width of the existing portion of
Braswell Avenue that he given the option of extending Braswell Avenue to the north to West 9th
Street through an existing undeveloped right-of-way. A primary reason for this request is that
the widening of the existing portion of Braswell will require the acquisition of right-of-way from
other property owners. Mr. Bernhardt has indicated that he has had difficulty in acquiring the
additional right-of-way.
The Planning Department is of the opinion that completing the extension of Braswell Avenue to
West 9th Street would significantly improve traffic flow in the area. It would also reduce the
need for residents in the area to use Highway 70N.
Staff recommended approval of the request.
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Dr. Roy Loutzenheiser stated that according to the minutes for June 27, 2007 that Braswell
Avenue had to be brought up to street standard from Treewood to Crescent and that the
development of Phase II would still require the improvements to that section of the Street. So the
question would be if the Board would allow Braswell to be extended and improved to West 9th
Street.
Ryan Williams stated that he thought that Greg Brown wanted Braswell Avenue to be extended
to 9th Street.
Jim Shipley stated that according to Greg Brown opening Braswell Avenue north to 9th Street
would not work due to the terrain. Mr. Shipley added that he thought after talking to Mr. Brown
that there was enough right-of-way on Braswell from Treewood to Crescent and that it would be
cheaper for the developer to improve the road to the South.
Ken Young stated that Mr. Bernhardt in his request wanted the extension of Braswell north as an
option.
J. D. Parks asked why Mr. Bernhardt was not allowed to answer any questions about the
development.
Jim Stafne replied that according to the Bylaws and Administrative Procedures if a
Commissioner abstains then they are not allowed to participate in any discussion or vote on the
issue and that he had discussed this with Mr. Bernhardt prior to the meeting. Mr. Bernhardt
could have someone speak on his behalf.
Michelle Sircy Maples, property owner at 734 Braswell Avenue, stated that she bought her
property 9 years ago because she thought that it was located on a dead-end street. She owns 2
acres and just found out a couple of years ago about the additional right-of-way. She was
opposed to the opening to 9th Street because 9th is already a busy street and she was concerned
about the additional traffic coming by her house and for the safety of her children. Ms. Maples
stated that according to her survey that the right-of-way was not a straight line like it is shown on
the map.
Joe Floyd, owner of the property located on West 9th Street, was also opposed to the opening to
West 9th Street. He was concerned about the road coming right up to the back door of the
apartments. He was concern how the road would affect the value of his property. He said that
there was a TVA power line that was close to the right-of-way. Mr. Floyd thought that the
developer should make up his mind before disturbing the neighborhood.
Brad McQuire, owner of the property on the corner of Braswell & Crescent was also concerned
about how the improvements to Braswell would affect his property.
There was no one in the audience who spoke on behalf of Mr. Bernhardt.
The Board had some discussion about getting more information concerning the exact right-of-
way available on Braswell Avenue.
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Ryan Williams made the motion to postpone this item until the January 26, 2009 Meeting. Tod
Williams seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Roy
Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams - aye, Aaron
Bernhardt - abstain, and Randy Dalton - aye. Motion carried. POSTPONED UNTIL
JANUARY.
CONSIDER FOR ACTION FINAL PLAT OF BLACKWELL PARK, 13 LOTS
LOCATED OFF BLACKWELL ROAD. REQUEST SUBMITTED BY J. D. PARKS. Ken
Young stated that Mr. J.D. Parks of Heritage Commercial Holdings, LLC has submitted for
approval a Final Plat of the Blackwell Park Subdivision, a 13-lot commercial subdivision located
off Blackwell Road. The preliminary plat was approved as 12-lot development at the October 27,
2008 Planning Commission meeting. In addition, variances were granted to not require sidewalk
construction, reduce the new road from three lanes to two and to reduce the right-of-way from
60’ to 50’.
The property proposed for subdivision is identified on Tax Map 083 as Parcels 073.00, 074.00
and 077.03, consists of approximately 26.74 total acres and is sited in three different zoning
categories. The rear section of the property which contains Lots 7, 8 and a portion of Lot 6, is
zoned RS10 (Single Family Residential) and contains a significant area in the rear that is within
the 100 year flood plain. The center section of the property is zoned LM (Light Manufacturing)
and contains Lots 2, 3, 4 and 5. In addition, portions of Lots 1, 6, 9, 11, 12 and 13 are within this
zoning category. The remainder of the property is zoned CI (Commercial – Industrial Mixed
Use) and contains most of Lots 12, 13 and the remaining portions of Lots 1 and 11. A new cul-
de-sac to be named Blackwell Park which will be approximately 850’ in length is currently under
construction on the site and will serve all the interior lots. Due to the commercial nature of the
development, the new road will be constructed to conform to the minimum thickness
requirements of a Major Collector. A cross section of this new road is depicted on the plat which
shows an eight inch gravel base, three inch asphaltic base course, two and one half inch binder
course and a one and one half inch final surface. The entrance to this new street is approximately
1150 feet from the southern right-of-way of South Maple Avenue. It should be noted that the
Planning Commission granted a variance in the overall length of the dead end cul-de-sac at the
October meeting.
A new six-inch waterline has also been installed and as shown on the plat it connects to the
existing six-inch waterline located in the right-of-way of Blackwell Road. A new sewer line
within the development has been installed and connects via a utility easement crossing Lot 7 to
an existing manhole on the property and an existing manhole offsite. A private utility and access
easement has been added to the plat in order to provide future sewer extension to Lot 13. Two
existing hydrants located in the right-of-way of Blackwell Road will serve the site in addition to
three new hydrants sited in the right-of-way of the new cul-de-sac. In addition, the plat depicts
the dedication of right-of-way along the entire frontage of the tract measured 25’ from the
centerline of Blackwell Road which conforms to the requirements in Article V, Section E,
Subsection 2 of the Cookeville Subdivision Regulations. As depicted by a cross-section drawing
on the plat, the developer will be responsible to upgrade the section of Blackwell Road that
borders the property to meet current road standards as required by Article V, Section F
(Substandard Existing Streets) of the aforementioned regulations. This section of the road is
approximately 340’ in length. Lot 1 contains a new metal building that was permitted on July 11,
COOKEVILLE PLANNING COMMISSION 8
NOVEMBER 24, 2008
2008. Foundation construction has begun on Lot 2. Lot 13 contains an existing building that
encroaches within the front setback. However, a plat note states that in the event this building is
removed or destroyed it could only be rebuilt in conformance with the current setbacks. The
Water & Sewer Department has reported that all of the water and sewer mains have been
installed, but individual services to each lot have not been placed. The Gas Department reported
that gas is available to all of the lots. Frontier Communications stated that the phone lines have
not been installed but will be done at a future time. As of this date, the developer has been unable
to finish the sub-grade of the road and subsequent application of the base stone due to inclement
weather. The developer has indicated that these components could be completed within 30 to 60
days. Article II, Section G, Subsection 5 allows the Planning Commission to consider granting
conditional approval subject to a time frame for completing same. Subsection 6 states this cannot
exceed 90 days.
Staff recommended final conditional plat approval, subject to the following:
1) Complete sub-grade construction to the satisfaction of the Public Works Department within 60
days
2) Complete base stone installation to the satisfaction of the Public Works Department within 60
days
3) Submission of letters of credit to guarantee the construction of any uncompleted infrastructure
components as determined by the Public Works Department (period up to one year)
4) Posting of the required two-year Warranty of Improvements in the amount of $10,000 (check)
5) Payment in the amount of $150 for street name sign and stop sign (check made to Public
Works)
6) Payment for final surfacing as determined by the Public Works Department (check made to
Public Works)
7) Completion of corrections or additions to the plat as determined necessary by the Planning
Department and/or other appropriate city departments
Ryan Williams made the motion to grant conditional Final Plat approval of Blackwell Park
subject to staff’s recommendations. Tod Williams seconded the motion and the motion carried
unanimously. CONDITIONAL FINAL PLAT APPROVAL.
CONSIDER FOR ACTION AMENDED PRD PLAN AND PRELIMINARY PLAT FOR
SUGARTREE COURTYARD PHASE II, 10 UNIT CONDOMINIUM DEVELOPMENT
LOCATED OFF SUGARHILL PLACE AND OLD WALTON ROAD. REQUEST
SUBMITTED BY AARON BERNHARDT. (MOVING THIS ITEM FROM STUDY TO
ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Randy
Dalton made the motion to move this item from Study to Action. Tod Williams seconded the
motion. Votes: Jim Stafne, - aye, Tod Williams - aye, Dr. Roy Loutzenheiser -aye, Judy
Jennings -aye, Chris Wakefield - aye, Ryan Williams -aye, Aaron Bernhardt - abstain, and Randy
Dalton- aye. Motion carried. APPROVED MOVING FROM STUDY TO ACTION.
Ken Young stated that Mr. Aaron Bernhardt has submitted for approval a combined Preliminary
Plat and Amended PRD Plan of Sugartree Courtyard Phase II, a 10 unit condominium
development of Jerry Gaw’s property located off Old Walton Road adjacent to Phase I of the
development.
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NOVEMBER 24, 2008
The property proposed for development is identified on Tax Map 053M, Group B as Parcel
016.01. The tract is currently vacant and consists of approximately 1.29 acres. The overall
development was approved by the Planning Commission in September 1997 for the zoning
classification PRD (Planned Residential Development). However, only a Final Plat for Phase I
was approved for immediate development at that time, although Phase II was indicated on the
plat for future development. In addition, the Phase II development depicted two 10 unit
apartment buildings would eventually be built on that section. It should be noted that the current
plat proposes the construction of 10 units, which is half of the number of units previously
proposed, thus reducing the density on the site. The lower portion of the tract is adjacent to
property zoned as CR (Regional Commercial). The entire western boundary of the tract is
adjacent to a parcel zoned as RS-10 single family residential lots.
The property will be connected to the existing six-inch water line located in the right-of-way of
Sugarhill Place and a new hydrant will be located in the vicinity of the connection. The sewer
will be connected to an existing eight-inch line that currently crosses the lower portion of the
tract within a 30’ utility easement. The plat shows the proposed creation of a new cul-de-sac,
approximately 600’ in length and terminating in a hammerhead design. This new road is also
proposed to connect to the existing road in Phase I in order to allow a second point of ingress and
egress. Although the PRD plan approved in 1997 indicated that the new road constructed in
Phase II would be dedicated to the City of Cookeville, the developer has requested that it be
constructed and maintained as a private road. Public Works Director, Greg Brown, has concurred
with this request primarily due to the narrowness of the right-of-way, the slope of the road and a
design speed of 20 miles per hour. Brown has also agreed to allow a 3% street grade for the first
30’ from the intersection of Old Walton Road in order to design the road at a 12% maximum
street grade. All proposed infrastructure improvements, including the new street, will be
privately owned and maintained as stated in the Homeowner Association Agreement (HOA).
The HOA will be submitted in conjunction with the final plat for Planning Commission review
and consideration. The developer will be required to submit a drainage plan and will also be
required to obtain a grading permit from Public Works prior to construction.
Staff recommended conditional approval of the amended PRD Plan and Preliminary Plat for
Sugartree Courtyard Phase II, subject to the drainage plan submission, grading permit acquisition
and completion of corrections or additions to the Final Plat as determined necessary by the
Planning Department and/or other appropriate city departments.
Ryan Williams made the motion to grant conditional approval of the amended PRD Plan and
Preliminary Plat for Sugartree Courtyard Phase II, subject to staff’s recommendations. Judy
Jennings seconded the motion and the motion carried unanimously. Votes: Jim Stafne, Tod
Williams, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Aaron
Bernhardt - abstain, and Randy Dalton. Motion carried. CONDITIONAL APPROVAL FOR
AMENDED PRD PLAN AND PRELIMINARY PLAT.
Tod Williams made the motion to take the following items for study. Dr. Roy Loutzenheiser
seconded the motion and the motion carried unanimously. STUDY ITEMS.
(1) CONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 204.9,
“FENCES, WALLS AND HEDGES”. REQUEST SUBMITTED BY STAFF.
COOKEVILLE PLANNING COMMISSION 10
NOVEMBER 24, 2008
(2) CONSIDER FOR STUDY AMENDMENTS TO ZONING CODE SECTION 208 TO
ESTABLISH ARCHITECTURAL DESIGN REQUIREMENTS. REQUEST
SUBMITTED BY STAFF.
STAFF REPORTS:
(1) TRANSPORTATION ANALYSIS AND PLAN ELEMENT OF COMPREHENSIVE
FUTURE LAND USE PLAN.
(2) SOCIO-ECONOMIC FACTORS OF COMPREHENSIVE LAND USE PLAN.
(3) EXISTING LAND-USE ANALYSIS ELEMENT OF COMPREHENSIVE FUTURE LAND
USE PLAN.
(4) MINOR PLAT APPROVALS:
• BILBREY PARK – RESUBDIVISION LOTS 30 & 31 – 2 LOTS LOCATED ON
RANDY DRIVE – TIM RILEY.
• JOHNNY FOX DIVISION – 2 LOTS LOCATED ON CRESCENT DRIVE – JOHNNY
FOX.
• PAUL BOWMAN DIVISION – 2 LOTS LOCATED ON ELLIS AVENUE – PAUL
BOWMAN.
• REDIVISION OF THE JAMES WELCH DIVISION – 2 LOTS LOCATED ON EAST
SPRING STREET – CHARLES JOHNSON AND STEPHEN DANIELS.
• PLAT CORRECTION OF JERE WHITSON CHURCH OF CHRIST RESUBDIVISION
– 1 LOT LOCATED ON EAST 18TH STREET – JERE WHITSON CHURCH OF
CHRIST AND MICHAEL & SABRINA WELLS.
ADJOURNMENT: 6:45 P.M.
SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING
____________________________ _________________________________
JAYNE BARNS CPS JIM STAFNE, CHAIRMAN
PLANNING ASSISTANT COOKEVILLE PLANNING
COMMISSION
Agenda
COOKEVILLE PLANNING COMMISSION
MINUTES
NOVEMBER 24, 2008
The Cookeville Planning Commission met on Monday, November 24, 2008 at 5:30 p.m., in the
Council Chambers, 45 E. Broad Street, Cookeville, Tennessee.
MEMBERS PRESENT: Jim Stafne, Tod Williams, Dr. Roy Loutzenheiser, Judy Jennings,
Chris Wakefield, Ryan Williams, Aaron Bernhardt, and Randy Dalton.
MEMBERS ABSENT: Dr. Angelo Volpe.
STAFF MEMBERS PRESENT: Jim Shipley, Jayne Barns, and Ken Young.
STAFF MEMBERS ABSENT: James Mills.
OTHERS PRESENT: See attached Record of Attendance.
CONSIDER FOR ACTION CANCELLING THE DECEMBER 15, 2008 MEETING. Jim
Stafne stated that in the past the Planning Commission did not meet in December and he felt that
since Mr. Mills would be out of the office until January due to health reasons that the Board
should vote to cancel the meeting in December.
Randy Dalton made the motion to cancel the Planning Commission meeting on December 15,
2008. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously.
MEETING CANCELLED IN DECEMBER.
It was announced that Aaron Bernhardt would be abstaining from Action Items # 3, 5, 6, & 8.
CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Tod Williams made the
motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the
motion carried unanimously. APPROVED.
CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 27, 2008. Chris Wakefield
made the motion to approve the minutes of October 27, 2008. Dr. Roy Loutzenheiser seconded
the motion and the motion carried unanimously. APPROVED.
Staff reported that Mike Gaw has to leave the meeting early in order to get to the Nashville
Airport in time to pick up his family for the Holiday. He wanted to be present in case the Board
members had any questions and asked if his item could be moved up on the agenda. Jim Stafne
agreed to the request.
CONSIDER FOR ACTION REZONING 420 & 430 PEEK DRIVE AND 412 BLAKE
CIRCLE FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY
RESIDENTIAL). REQUEST SUBMITTED BY MICHAEL AND LOUISE GAW. Ken
Young stated that Mr. Mike Gaw has submitted a request to rezone from RS-10, Single Family
Residential to RM-8, Multi-Family Residential his properties located at 420 and 430 Peek Drive
and 412 Blake Circle. Mr. Gaw has indicated that the purpose of the rezoning to allow the
construction of multi-family residential dwelling units.
COOKEVILLE PLANNING COMMISSION 2
NOVEMBER 24, 2008
The subject properties are identified as Parcel 7.02 and a portion of Parcel 7.03 on Tax Map 40
and Parcel 27.00 on Tax Map 40H, Group C. Combined these three (3) parcels consist of
approximately 4.24 acres, or 184,000 square feet. A mobile home is located on Parcel 7.02, two
(2) single-family residential structures are located on Parcel 7.03, and Parcel 27.00 is vacant.
Parcel 27.00 is also identified as Lot 27 of the Northhaven Estates Subdivision. If rezoned,
approximately 36 dwelling units could be located on the subject properties (184,000 square feet
divided by 5,000 square feet per dwelling unit).
The properties are contiguous with RS-10 zoning to the north, west and south and with RM-8
zoning to the east. The zoning of Parcel 7.03 is split with the eastern portion, consisting of
approximately .74 acres, zoned as RM-8 and the western portion, consisting of approximately
3.5 acres, zoned as RS-10. Access to Parcels 7.02 and 7.03 is from Peek Drive, which is a
substandard street with a width of only approximately 15 feet. Peek Drive, in its current
condition, is not suitable as access to high density development. Mr. Gaw has indicated that
access to the properties would be provided from Blake Circle through Parcel 27.00. Blake Circle
complies with the applicable street construction standards.
The Comprehensive Future Land Use Plan indicates that the property is primarily best suited for
low density residential use with an eastern portion suitable for mixed density residential use.
The properties appear to have adequate access to public utilities. While the parcels along Blake
Circle within the Northhaven Estates Subdivision consist primarily of single-family residential
structures, Putnam County Assessor records indicate that none of the structures are owner
occupied.
A primary concern for higher density development of the subject properties is access. It is
significant to note that approximately six (6) multi-family units could be located on the estimated
32,000 square feet of Parcel 7.03 already zoned as RM-8 and, if developed, would be accessed
from Peek Drive. Providing access to the properties from Blake Circle would appear to address
this concern.
Approximately 15 additional single family units could be constructed on the estimated 152,000
square feet in land of the parcels currently zoned as RS-10. When combined with the portion
already zoned as RM-8 a total of 21 dwelling units could potentially be located on the properties
as currently zoned. As noted the proposed rezoning would potentially allow the location of 36
dwelling units on the properties, or increase of 15 units.
Staff recommended conditional approval of rezoning subject to the submittal and approval of a
subdivision plat combining the three (3) parcels and to an agreement from the property owner
that access to the combined properties be restricted to Blake Circle only or until Peek Drive is
brought up to required street standards.
Dr. Roy Loutzenheiser stated that Carolina Avenue is already being a substandard street and
adding more development to a street that cannot support the extra traffic would potentially create
more safety hazards.
Ben Rodgers stated that his grandmother owns the property north of Peek Drive and that his
Uncle owns the property west of Peek Drive. Both of them purchased extra property to prevent
COOKEVILLE PLANNING COMMISSION 3
NOVEMBER 24, 2008
apartments from encroaching into the single family residential areas. He added that Carolina
Avenue has several blind driveways which are currently dangerous.
Kelly Ramsey owns 10 acres adjoining the request. He stated that if Peek was not widened what
would prevent the developer from using Peek as a back entrance. Mr. Ramsey was concerned
that if this property was rezoned then other property owners in the area would want their
properties rezoned too and cause further encroachment on the single-family areas.
Jim Stafne stated that if this rezoning was approved, then it could open the door for more
rezoning requests in the future.
Dr. Roy Loutzenheiser made the motion to deny the request to rezone 420 & 430 Peek Drive and
412 Blake Circle. Chris Wakefield seconded the motion. Votes: Jim Stafne - aye, Tod Williams
-aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams -
aye, Aaron Bernhardt - abstain, and Randy Dalton aye. Motion carried. DENIED.
Ken Young stated that Mr. Gaw had the right to appeal the decision to the City Council.
CONSIDER FOR ACTION REZONING A PORTION OF 801 NOTTINGHAM DRIVE
FROM CR (REGIONAL COMMERCIAL) TO CL (LOCAL COMMERCIAL).
REQUEST SUBMITTED BY JERRY GAW, PAUL GAW, AND JAMES SMITH. Ken
Young stated that Mr. Jerry Gaw, on behalf of fellow property owners Paul Gaw and James
Smith, has submitted a request to rezone from CR, Regional Commercial to CL, Local
Commercial a portion of their property located at 801 Nottingham Drive.
The property is identified as a portion of Parcel 59.00 on Tax Map 67A, Group F and consists of
approximately 2.6 acres. The current zoning of the subject parcel is split, with the majority,
approximately 5.9 acres, zoned as CL and the remaining approximately 2.6 acres zoned as CR.
The property is contiguous with CR zoning to the north, south and west, and with CL, to the east.
The subject property was previously a portion of Parcel 4.00 on Tax Map 67A, Group F;
however, it was physically separated from the remainder of Parcel 4.00 by a wetland area. The
only access to portion of property is from Nottingham Drive through the remainder of Parcel
59.00. In September of this year the property was severed from Parcel 4.00 and added to Parcel
59.00
The Comprehensive Future Land Use Plan indicates that the property is best suited for mixed
density residential and regional commercial use. The CR zone is intended for large scale
commercial uses accessed by streets of at least major collector status. As noted the portion of the
property proposed for rezoning is accessed from Nottingham Drive, which is classified as a local
street. Additionally, the physical characteristics of the property, including size and natural
factors, significantly limit reasonable use under CR zoning.
Staff recommended approval of the rezoning request.
Jeannine Wirey spoke on behalf of several residents in the area, who were unable attend due to
the Thanksgiving Holiday. There concerns were about the drainage and flooding in the area and
COOKEVILLE PLANNING COMMISSION 4
NOVEMBER 24, 2008
the impact of the development and they were also concerned about environmental issues with the
wildlife in the area of the development.
Jim Stafne stated that the developer will have to meet all the City and State requirements.
Ken Young stated that the Post Development cannot create more water runoff than what is there
now and that the grading and drainage plans will be reviewed by the City.
Chris Wakefield made the motion to approve rezoning a portion of 801 Nottingham Drive from
CR (Regional Commercial) to CL (Local Commercial). Judy Jennings seconded the motion.
Votes: Jim Stafne, - aye, Tod Williams - aye, Dr. Roy Loutzenheiser -aye, Judy Jennings -aye,
Chris Wakefield - aye, Ryan Williams -aye, Aaron Bernhardt - abstain, and Randy Dalton- aye.
Motion carried. APPROVED.
CONSIDER FOR ACTION REZONING 641 HORACE LEWIS ROAD FROM CI
(COMMERCIAL-INDUSTRIAL MIXED USE) TO HM (HEAVY MANUFACTURING).
REQUEST SUBMITTED BY JANNIE WORLEY TRUSTEE ON BEHALF OF ELLIE
BULLINGTON TRUST. Ken Young stated that Ms. Jannie Worley, Trustee on behalf of the
Essie Bullington Trust, has submitted a request to rezone from CI, Commercial-Industrial Mixed
Use to HM, Heavy Manufacturing property located at 641 Horace Lewis Road.
The subject property is identified as a portion Parcel 18.00 on Tax Map 96. The parcel in its
entirety consists of approximately 29.4 acres. The zoning of the property is currently split with
the majority, approximately 25.9 acres, zoned as CI and the remainder, approximately 3.5 acres
zoned as RS-20. The property is contiguous with CI zoning to the north, and west, and with RS-
20, Single Family Residential zoning to the east, and with CI and RS-20 zoning to the south.
The Comprehensive Future Land Use Plan indicates that this property would be best suited for
commercial-industrial mixed use, with the exception of a small portion extending to Old Sparta
Road which is indicated as being best suited for low density residential use. The property is
accessed from Horace Lewis Road, which is classified as a local street, and Old Sparta Road,
which is classified as a minor collector street. Public sewer is not available to the property.
The HM District is intended for heavy industrial uses and establishments involved in the base
processing and manufacturing of material or products. The petitioner has indicated that the
purpose of the rezoning request is for the location of a scrap metal recycling facility. Such
facilities are allowed in the HM District as uses permitted on appeal subject to compliance with
specific conditions.
The uses permitted and permitted on appeal in the HM District generally have characteristics that
can negatively affect neighboring properties, especially residential properties. These
characteristics include noise, odor, and appear. Due to these characteristics properties zoned as
HM should be located or situated to have as little impact on neighboring properties as possible.
As noted the subject property is depicted in the Future Land Use Plan as being best suited for
commercial and industrial mixed use, which is how it is currently zoned. The Planning
Department is unaware of any factors that would justify altering the findings of the plan. The
COOKEVILLE PLANNING COMMISSION 5
NOVEMBER 24, 2008
Planning Department is also of the opinion that the proposed rezoning could have significant
negative impacts on nearby properties that would be difficult to mitigate.
Staff recommended denial of the request.
Staff reported that a petition with 69 property owners in opposition to the rezoning request was
received today.
Steve Lewis, spoke on behalf of his grandmother Sara Lewis, who was opposed to the request.
He stated that this property had recently been cleaned up and that they would hate to see the
property used for a savage yard. He was also concerned about the effect it would have on the
existing residential homes.
Thad Drake stated that he owned 17 acres off Old Sparta Road and that his concerns were
diminishing property value, hazardous waste run off and the overall negative impact from this
type of use close to residential areas.
Tod Williams made the motion to deny rezoning 641 Horace Lewis Road. Judy Jennings
seconded the motion and the motion carried unanimously. DENIED.
Ken Young stated that Ms. Jannie Worley had the right to appeal the decision to the City
Council.
CONSIDER FOR ACTION REQUIRED STREET IMPROVEMENT ALTERNATIVE
FOR STONE CREEK DIVISION, PHASE II. REQUEST SUBMITTED BY AARON
BERNHARDT. Ken Young stated that Mr. Aaron Bernhardt has submitted a request for an
alternative for the street improvements required for the completion of Phase II of the Stone
Creek Division located off Braswell Drive
The Stone Creek Division, Phase I was approved by the Planning Commission in June of 2007.
Phase II of this development was planned to consist of five (5) or six (6) lots located off Braswell
Avenue. Braswell Avenue is a substandard street with a width of approximately 13 to 14 feet. A
condition for the approval of Phase II was the improvement and widening of Braswell Avenue to
required street standards.
Mr. Bernhardt is requesting that in lieu of expanding the width of the existing portion of
Braswell Avenue that he given the option of extending Braswell Avenue to the north to West 9th
Street through an existing undeveloped right-of-way. A primary reason for this request is that
the widening of the existing portion of Braswell will require the acquisition of right-of-way from
other property owners. Mr. Bernhardt has indicated that he has had difficulty in acquiring the
additional right-of-way.
The Planning Department is of the opinion that completing the extension of Braswell Avenue to
West 9th Street would significantly improve traffic flow in the area. It would also reduce the
need for residents in the area to use Highway 70N.
Staff recommended approval of the request.
COOKEVILLE PLANNING COMMISSION 6
NOVEMBER 24, 2008
Dr. Roy Loutzenheiser stated that according to the minutes for June 27, 2007 that Braswell
Avenue had to be brought up to street standard from Treewood to Crescent and that the
development of Phase II would still require the improvements to that section of the Street. So the
question would be if the Board would allow Braswell to be extended and improved to West 9th
Street.
Ryan Williams stated that he thought that Greg Brown wanted Braswell Avenue to be extended
to 9th Street.
Jim Shipley stated that according to Greg Brown opening Braswell Avenue north to 9th Street
would not work due to the terrain. Mr. Shipley added that he thought after talking to Mr. Brown
that there was enough right-of-way on Braswell from Treewood to Crescent and that it would be
cheaper for the developer to improve the road to the South.
Ken Young stated that Mr. Bernhardt in his request wanted the extension of Braswell north as an
option.
J. D. Parks asked why Mr. Bernhardt was not allowed to answer any questions about the
development.
Jim Stafne replied that according to the Bylaws and Administrative Procedures if a
Commissioner abstains then they are not allowed to participate in any discussion or vote on the
issue and that he had discussed this with Mr. Bernhardt prior to the meeting. Mr. Bernhardt
could have someone speak on his behalf.
Michelle Sircy Maples, property owner at 734 Braswell Avenue, stated that she bought her
property 9 years ago because she thought that it was located on a dead-end street. She owns 2
acres and just found out a couple of years ago about the additional right-of-way. She was
opposed to the opening to 9th Street because 9th is already a busy street and she was concerned
about the additional traffic coming by her house and for the safety of her children. Ms. Maples
stated that according to her survey that the right-of-way was not a straight line like it is shown on
the map.
Joe Floyd, owner of the property located on West 9th Street, was also opposed to the opening to
West 9th Street. He was concerned about the road coming right up to the back door of the
apartments. He was concern how the road would affect the value of his property. He said that
there was a TVA power line that was close to the right-of-way. Mr. Floyd thought that the
developer should make up his mind before disturbing the neighborhood.
Brad McQuire, owner of the property on the corner of Braswell & Crescent was also concerned
about how the improvements to Braswell would affect his property.
There was no one in the audience who spoke on behalf of Mr. Bernhardt.
The Board had some discussion about getting more information concerning the exact right-of-
way available on Braswell Avenue.
COOKEVILLE PLANNING COMMISSION 7
NOVEMBER 24, 2008
Ryan Williams made the motion to postpone this item until the January 26, 2009 Meeting. Tod
Williams seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Roy
Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams - aye, Aaron
Bernhardt - abstain, and Randy Dalton - aye. Motion carried. POSTPONED UNTIL
JANUARY.
CONSIDER FOR ACTION FINAL PLAT OF BLACKWELL PARK, 13 LOTS
LOCATED OFF BLACKWELL ROAD. REQUEST SUBMITTED BY J. D. PARKS. Ken
Young stated that Mr. J.D. Parks of Heritage Commercial Holdings, LLC has submitted for
approval a Final Plat of the Blackwell Park Subdivision, a 13-lot commercial subdivision located
off Blackwell Road. The preliminary plat was approved as 12-lot development at the October 27,
2008 Planning Commission meeting. In addition, variances were granted to not require sidewalk
construction, reduce the new road from three lanes to two and to reduce the right-of-way from
60’ to 50’.
The property proposed for subdivision is identified on Tax Map 083 as Parcels 073.00, 074.00
and 077.03, consists of approximately 26.74 total acres and is sited in three different zoning
categories. The rear section of the property which contains Lots 7, 8 and a portion of Lot 6, is
zoned RS10 (Single Family Residential) and contains a significant area in the rear that is within
the 100 year flood plain. The center section of the property is zoned LM (Light Manufacturing)
and contains Lots 2, 3, 4 and 5. In addition, portions of Lots 1, 6, 9, 11, 12 and 13 are within this
zoning category. The remainder of the property is zoned CI (Commercial – Industrial Mixed
Use) and contains most of Lots 12, 13 and the remaining portions of Lots 1 and 11. A new cul-
de-sac to be named Blackwell Park which will be approximately 850’ in length is currently under
construction on the site and will serve all the interior lots. Due to the commercial nature of the
development, the new road will be constructed to conform to the minimum thickness
requirements of a Major Collector. A cross section of this new road is depicted on the plat which
shows an eight inch gravel base, three inch asphaltic base course, two and one half inch binder
course and a one and one half inch final surface. The entrance to this new street is approximately
1150 feet from the southern right-of-way of South Maple Avenue. It should be noted that the
Planning Commission granted a variance in the overall length of the dead end cul-de-sac at the
October meeting.
A new six-inch waterline has also been installed and as shown on the plat it connects to the
existing six-inch waterline located in the right-of-way of Blackwell Road. A new sewer line
within the development has been installed and connects via a utility easement crossing Lot 7 to
an existing manhole on the property and an existing manhole offsite. A private utility and access
easement has been added to the plat in order to provide future sewer extension to Lot 13. Two
existing hydrants located in the right-of-way of Blackwell Road will serve the site in addition to
three new hydrants sited in the right-of-way of the new cul-de-sac. In addition, the plat depicts
the dedication of right-of-way along the entire frontage of the tract measured 25’ from the
centerline of Blackwell Road which conforms to the requirements in Article V, Section E,
Subsection 2 of the Cookeville Subdivision Regulations. As depicted by a cross-section drawing
on the plat, the developer will be responsible to upgrade the section of Blackwell Road that
borders the property to meet current road standards as required by Article V, Section F
(Substandard Existing Streets) of the aforementioned regulations. This section of the road is
approximately 340’ in length. Lot 1 contains a new metal building that was permitted on July 11,
COOKEVILLE PLANNING COMMISSION 8
NOVEMBER 24, 2008
2008. Foundation construction has begun on Lot 2. Lot 13 contains an existing building that
encroaches within the front setback. However, a plat note states that in the event this building is
removed or destroyed it could only be rebuilt in conformance with the current setbacks. The
Water & Sewer Department has reported that all of the water and sewer mains have been
installed, but individual services to each lot have not been placed. The Gas Department reported
that gas is available to all of the lots. Frontier Communications stated that the phone lines have
not been installed but will be done at a future time. As of this date, the developer has been unable
to finish the sub-grade of the road and subsequent application of the base stone due to inclement
weather. The developer has indicated that these components could be completed within 30 to 60
days. Article II, Section G, Subsection 5 allows the Planning Commission to consider granting
conditional approval subject to a time frame for completing same. Subsection 6 states this cannot
exceed 90 days.
Staff recommended final conditional plat approval, subject to the following:
1) Complete sub-grade construction to the satisfaction of the Public Works Department within 60
days
2) Complete base stone installation to the satisfaction of the Public Works Department within 60
days
3) Submission of letters of credit to guarantee the construction of any uncompleted infrastructure
components as determined by the Public Works Department (period up to one year)
4) Posting of the required two-year Warranty of Improvements in the amount of $10,000 (check)
5) Payment in the amount of $150 for street name sign and stop sign (check made to Public
Works)
6) Payment for final surfacing as determined by the Public Works Department (check made to
Public Works)
7) Completion of corrections or additions to the plat as determined necessary by the Planning
Department and/or other appropriate city departments
Ryan Williams made the motion to grant conditional Final Plat approval of Blackwell Park
subject to staff’s recommendations. Tod Williams seconded the motion and the motion carried
unanimously. CONDITIONAL FINAL PLAT APPROVAL.
CONSIDER FOR ACTION AMENDED PRD PLAN AND PRELIMINARY PLAT FOR
SUGARTREE COURTYARD PHASE II, 10 UNIT CONDOMINIUM DEVELOPMENT
LOCATED OFF SUGARHILL PLACE AND OLD WALTON ROAD. REQUEST
SUBMITTED BY AARON BERNHARDT. (MOVING THIS ITEM FROM STUDY TO
ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Randy
Dalton made the motion to move this item from Study to Action. Tod Williams seconded the
motion. Votes: Jim Stafne, - aye, Tod Williams - aye, Dr. Roy Loutzenheiser -aye, Judy
Jennings -aye, Chris Wakefield - aye, Ryan Williams -aye, Aaron Bernhardt - abstain, and Randy
Dalton- aye. Motion carried. APPROVED MOVING FROM STUDY TO ACTION.
Ken Young stated that Mr. Aaron Bernhardt has submitted for approval a combined Preliminary
Plat and Amended PRD Plan of Sugartree Courtyard Phase II, a 10 unit condominium
development of Jerry Gaw’s property located off Old Walton Road adjacent to Phase I of the
development.
COOKEVILLE PLANNING COMMISSION 9
NOVEMBER 24, 2008
The property proposed for development is identified on Tax Map 053M, Group B as Parcel
016.01. The tract is currently vacant and consists of approximately 1.29 acres. The overall
development was approved by the Planning Commission in September 1997 for the zoning
classification PRD (Planned Residential Development). However, only a Final Plat for Phase I
was approved for immediate development at that time, although Phase II was indicated on the
plat for future development. In addition, the Phase II development depicted two 10 unit
apartment buildings would eventually be built on that section. It should be noted that the current
plat proposes the construction of 10 units, which is half of the number of units previously
proposed, thus reducing the density on the site. The lower portion of the tract is adjacent to
property zoned as CR (Regional Commercial). The entire western boundary of the tract is
adjacent to a parcel zoned as RS-10 single family residential lots.
The property will be connected to the existing six-inch water line located in the right-of-way of
Sugarhill Place and a new hydrant will be located in the vicinity of the connection. The sewer
will be connected to an existing eight-inch line that currently crosses the lower portion of the
tract within a 30’ utility easement. The plat shows the proposed creation of a new cul-de-sac,
approximately 600’ in length and terminating in a hammerhead design. This new road is also
proposed to connect to the existing road in Phase I in order to allow a second point of ingress and
egress. Although the PRD plan approved in 1997 indicated that the new road constructed in
Phase II would be dedicated to the City of Cookeville, the developer has requested that it be
constructed and maintained as a private road. Public Works Director, Greg Brown, has concurred
with this request primarily due to the narrowness of the right-of-way, the slope of the road and a
design speed of 20 miles per hour. Brown has also agreed to allow a 3% street grade for the first
30’ from the intersection of Old Walton Road in order to design the road at a 12% maximum
street grade. All proposed infrastructure improvements, including the new street, will be
privately owned and maintained as stated in the Homeowner Association Agreement (HOA).
The HOA will be submitted in conjunction with the final plat for Planning Commission review
and consideration. The developer will be required to submit a drainage plan and will also be
required to obtain a grading permit from Public Works prior to construction.
Staff recommended conditional approval of the amended PRD Plan and Preliminary Plat for
Sugartree Courtyard Phase II, subject to the drainage plan submission, grading permit acquisition
and completion of corrections or additions to the Final Plat as determined necessary by the
Planning Department and/or other appropriate city departments.
Ryan Williams made the motion to grant conditional approval of the amended PRD Plan and
Preliminary Plat for Sugartree Courtyard Phase II, subject to staff’s recommendations. Judy
Jennings seconded the motion and the motion carried unanimously. Votes: Jim Stafne, Tod
Williams, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Aaron
Bernhardt - abstain, and Randy Dalton. Motion carried. CONDITIONAL APPROVAL FOR
AMENDED PRD PLAN AND PRELIMINARY PLAT.
Tod Williams made the motion to take the following items for study. Dr. Roy Loutzenheiser
seconded the motion and the motion carried unanimously. STUDY ITEMS.
(1) CONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 204.9,
“FENCES, WALLS AND HEDGES”. REQUEST SUBMITTED BY STAFF.
COOKEVILLE PLANNING COMMISSION 10
NOVEMBER 24, 2008
(2) CONSIDER FOR STUDY AMENDMENTS TO ZONING CODE SECTION 208 TO
ESTABLISH ARCHITECTURAL DESIGN REQUIREMENTS. REQUEST
SUBMITTED BY STAFF.
STAFF REPORTS:
(1) TRANSPORTATION ANALYSIS AND PLAN ELEMENT OF COMPREHENSIVE
FUTURE LAND USE PLAN.
(2) SOCIO-ECONOMIC FACTORS OF COMPREHENSIVE LAND USE PLAN.
(3) EXISTING LAND-USE ANALYSIS ELEMENT OF COMPREHENSIVE FUTURE LAND
USE PLAN.
(4) MINOR PLAT APPROVALS:
• BILBREY PARK – RESUBDIVISION LOTS 30 & 31 – 2 LOTS LOCATED ON
RANDY DRIVE – TIM RILEY.
• JOHNNY FOX DIVISION – 2 LOTS LOCATED ON CRESCENT DRIVE – JOHNNY
FOX.
• PAUL BOWMAN DIVISION – 2 LOTS LOCATED ON ELLIS AVENUE – PAUL
BOWMAN.
• REDIVISION OF THE JAMES WELCH DIVISION – 2 LOTS LOCATED ON EAST
SPRING STREET – CHARLES JOHNSON AND STEPHEN DANIELS.
• PLAT CORRECTION OF JERE WHITSON CHURCH OF CHRIST RESUBDIVISION
– 1 LOT LOCATED ON EAST 18TH STREET – JERE WHITSON CHURCH OF
CHRIST AND MICHAEL & SABRINA WELLS.
ADJOURNMENT: 6:45 P.M.
SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING
____________________________ _________________________________
JAYNE BARNS CPS JIM STAFNE, CHAIRMAN
PLANNING ASSISTANT COOKEVILLE PLANNING
COMMISSION
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