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Planning Commission

Regular Meeting

Cookeville, TN · October 25, 2010

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Minutes

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 25, 2010 The Cookeville Planning Commission met on Monday, October 25, 2010 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young. STAFF ABSENT: Jim Shipley. OTHERS PRESENT: John Allen, Jimmy Allen, John Bock, Bailey Darrow, Brian Paddock, Andy Milton, and Leasa McCall. WELCOME REAPPOINTED MEMBER JUDY JENNINGS. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe 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 SEPTEMBER 27, 2010. Randy Dalton made the motion to approve the minutes of September 27, 2010. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF A PORTION OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED NORTH OF CRAIGHEAD STREET AND CONTIGUOUS WITH PARCELS 14.00 AND 15.00 ON TAX MAP 53-B, GROUP G AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY BURTON NELSON. James Mills stated that Mr. Burton Nelson has submitted a request for closure and abandonment of a portion of an undeveloped alley located north of the undeveloped right-of-way of Craighead Street and south of East 4th Street between Cherry Avenue and the undeveloped right-of-way of Poplar Avenue and that it be declared as surplus property and made available for purchase. According to a survey, the right-of-way of the undeveloped alley is approximately 10 feet in width and is approximately 570 feet in total length. The portion of the right-of-way requested for closure is for approximately 360 feet in length north from the undeveloped right-of-way of Craighead Street. Two (2) properties, Parcels 14.00 and 15.00 on Tax Map 53B, Group G, both owned by Mr. Nelson, are contiguous with the portion of the alley right-of-way proposed for closure and abandonment. Three (3) properties, Parcels 1.00, 16.00 and 17.00 on Map 53B, Group G are contiguous with the portion of the alley right- of-way that would remain open. Mr. Nelson has submitted documentation indicating that the owners of these three (3) properties are not opposed to the partial closure and abandonment of the alley right-of-way. COOKEVILLE PLANNING COMMISSION 2 OCTOBER 25, 2010 The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following: • Submittal of written request and payment of fees (completed) • Submittal of survey (completed) • Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (completed) • Review by Departments (completed) • Review and approval of Planning Commission • Approval of City Council • Purchase of property based on a value established by the City Manager (appraisal, if necessary, and recording costs to be paid for by the petitioner) The applicable city departments have reviewed the closure and abandonment request. No public utilities are located in the right-of-way. Staff recommended approval of closure and abandonment and declaration as surplus property with sale to adjoining property owners in compliance with the Municipal Code. Dr. Angelo Volpe made the motion to approve closure and abandonment of a portion of an undeveloped alley right-of-way located north of Craighead Street and contiguous with Parcels 14.00 and 15.00 on Tax Map 53-B, Group G, and declaring it as surplus property with sale to adjoining property owners in compliance with the Municipal Code. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF REDIVISION OF LOTS 39-43 BLOCK E OF THE CAPSHAW SUBDIVISION, 3 LOTS LOCATED ON PROFFITT AND SHIPLEY STREETS. REQUEST SUBMITTED BY ANDY MILTON. James Mills stated that Mr. Andy Milton has submitted for approval a final plat of the Redivision of Lots 39-43 of the Capshaw Division, a 3-lot resubdivision located off Proffitt and Shipley Streets. The subdivision development property is identified on Tax Map 53J, Group B as Parcels 1.00 and 2.00 and consists of approximately .39 acres. The property is zoned as RD, Single-family and Duplex Residential. As depicted on the plat, the subject property boundary along the right-of-way of both streets is 30’ from the street centerline. As no new streets are to be constructed, sidewalks are not required for this development. The new lots will be served by the existing six-inch water lines located in the right-of-ways of both streets. An existing hydrant is located at the corner of Proffitt and Shipley which will provide adequate coverage to the lots. The lots will be served by the existing eight-inch sewer line located in the right-of-way of Proffitt Street. A platted ten (10) foot wide utility easement runs along the western boundary of Lot 1 to provide sewer access to Lot 3. Staff recommended conditional final plat approval is recommended subject to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. COOKEVILLE PLANNING COMMISSION 3 OCTOBER 25, 2010 Dr. Angelo Volpe made the motion to grant conditional final plat approval is recommended subject to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Aaron Bernhardt seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. HOLD A PUBLIC HEARING AND CONSIDER FOR ADOPTION THE COOKEVILLE 2030 PLAN. REQUEST SUBMITTED BY STAFF. Jim Stafne opened the Public Hearing. James Mills stated that the Cookeville 2030 Plan, a comprehensive future land use plan for the city and its Urban Growth Boundary, has been completed. The Plan covers a 20-year planning period. Public comments should be solicited. A Resolution adopting the Plan and certifying it to the City Council should be considered for approval. Staff recommended approval of Resolution adopting and certifying the Cookeville 2030 Plan and submitting it to the City Council for adoption. There were no comments or questions from the audience. Jim Stafne closed the Public Hearing by reading the Resolution adopting the Cookeville 2030 Plan. RESOLUTION OF THE CITY OF COOKEVILLE, TENNESSEE MUNICIPAL PLANNING COMMISSION A RESOLUTION OF THE CITY OF COOKEVILLE, TENNESSEE MUNICIPAL PLANNING COMMISSION ADOPTING THE COOKEVILLE 2030 PLAN WHEREAS, the Cookeville Municipal Planning Commission has completed a study and prepared the Cookeville 2030 Plan, a comprehensive land use plan for the future growth and development of the City of Cookeville and its urban growth area; and WHEREAS, the Cookeville 2030 Plan includes analyses of various factors affecting the future growth and development of the City of Cookeville and its urban growth area which are presented in the following plan components : Introduction, Background for Planning, Environmental and Natural Factors, Socio-Economic Factors Affecting Development, Existing Land Use Analysis, and Transportation Analysis and Plan; and WHEREAS, the Cookeville 2030 Plan includes a Development Plan, which consists of two interdependent elements, the first being the identification of goals and objectives and the establishment of policies for achieving them, and the second being the creation of a Future Land Use Concept Map which visually illustrates the goals, objectives and policies. NOW, THEREFORE, BE IT RESOLVED by the Cookeville Municipal Planning Commission that the Cookeville 2030 Plan is hereby adopted and is hereby certified to the Cookeville City Council as required by Section 13-4-302 of the Tennessee Code; and BE IT FURTHER RESOLVED by the Cookeville Municipal Planning Commission that the Cookeville 2030 Plan be submitted for consideration and adoption by the Cookeville City Council. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 25, 2010 Mr. Stafne also commended the Planning Staff for all of their hard work on the Plan over the past few years. Dr. Roy Loutzenheiser made the motion to approve the Resolution to adopt the Cookeville 2030 Plan and submit it for consideration and adoption by the Cookeville City Council. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. ADOPTED COOKEVILLE 2030 PLAN. James Mills thanked the Planning Commission for all the time that they spent reviewing the Cookeville 2030 Plan. James Mills stated that due to the item of package stores being on the ballot in the upcoming election on November 2, 2010, he would like to add as a tentative Study Item # 8: Consider for Study amendment to the Zoning Code relating to Package Store locations. Request submitted by staff. If the package stores do not pass, then the item will be removed from the agenda. Chris Wakefield made the motion to take the following items for study. Jim Woodford seconded the motion. Votes: Jim Stafne - aye, Dr. Angelo Volpe - aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Aaron Bernhardt - abstain, Randy Dalton - aye, David Webb - aye, and Jim Woodford - aye.. STUDY ITEMS. (1) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED BETWEEN BYRNE AND LEE AVENUES THROUGH PARCEL 7.00 ON MAP 40G, GROUP C, AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY THE CITY COUNCIL. (2) CONSIDER FOR STUDY REZONING 600 CORA ROAD FROM MS (MEDICAL SERVICES) TO RD (SINGLE FAMILY AND DUPLEX RESIDENTIAL). REQUEST SUBMITTED BY DAVID MAXWELL OF LAUREL HILL PROPERTIES. (3) CONSIDER FOR STUDY PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM’S COMMUNITY RATING SYSTEM. REQUEST SUBMITTED BY STAFF. (4) CONSIDER FOR STUDY PRELIMINARY PLAT OF LAUREL HILL SUBDIVISION, 40 LOTS LOCATED OFF CORA ROAD. REQUEST SUBMITTED BY LAUREL HILL PROPERTIES, LLC. (5) CONSIDER FOR STUDY AMENDMENT TO ZONING CODE SECTION 230, FL (FLOODPLAIN DISTRICT) TO REFLECT REVISIONS TO THE FLOOD INSURANCE RATE MAP (FIRM) RESULTING FROM A LETTER OF MAP REVISION (LOMR). REQUEST SUBMITTED BY STAFF. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 25, 2010 (6) CONSIDER FOR STUDY PRELIMINARY PLAT OF RICHLAND MANSFIELD VILLAGE, 20 LOTS LOCATED ON WEST 12TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. (7) CONSIDER FOR STUDY PRELIMINARY PLAT OF COOKEVILLE LIMESTONE ROAD DIVISION LOCATED WEST OF THE INTERSECTION OF SPRING STREET AND DRY VALLEY ROAD. REQUEST SUBMITTED BY LARRY BURGESS. (8) CONSIDER FOR STUDY AMENDMENT TO THE ZONING CODE RELATING TO PACKAGE STORE LOCATIONS. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • REDIVISION OF GEORGE LOFTIS DIVISION – 2 LOTS LOCATED ON WEST BROAD STREET AND WEST JACKSON STREET – CASON DICKINSON. • REDIVISION OF LOTS 9 & 10 OF BRADLEY PARK – 2 LOTS LOCATED ON BRADLEY DRIVE – LARRY SPARKS. • UPPER CUMBERLAND IMAGING PROPERTY COMBINATION PLAT – 1 LOT LOCATED ON THE CORNER OF WEST 4TH AND NORTH WILLOW AVENUE – ROBERT GUNTER. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

Agenda

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 25, 2010 The Cookeville Planning Commission met on Monday, October 25, 2010 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young. STAFF ABSENT: Jim Shipley. OTHERS PRESENT: John Allen, Jimmy Allen, John Bock, Bailey Darrow, Brian Paddock, Andy Milton, and Leasa McCall. WELCOME REAPPOINTED MEMBER JUDY JENNINGS. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe 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 SEPTEMBER 27, 2010. Randy Dalton made the motion to approve the minutes of September 27, 2010. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF A PORTION OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED NORTH OF CRAIGHEAD STREET AND CONTIGUOUS WITH PARCELS 14.00 AND 15.00 ON TAX MAP 53-B, GROUP G AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY BURTON NELSON. James Mills stated that Mr. Burton Nelson has submitted a request for closure and abandonment of a portion of an undeveloped alley located north of the undeveloped right-of-way of Craighead Street and south of East 4th Street between Cherry Avenue and the undeveloped right-of-way of Poplar Avenue and that it be declared as surplus property and made available for purchase. According to a survey, the right-of-way of the undeveloped alley is approximately 10 feet in width and is approximately 570 feet in total length. The portion of the right-of-way requested for closure is for approximately 360 feet in length north from the undeveloped right-of-way of Craighead Street. Two (2) properties, Parcels 14.00 and 15.00 on Tax Map 53B, Group G, both owned by Mr. Nelson, are contiguous with the portion of the alley right-of-way proposed for closure and abandonment. Three (3) properties, Parcels 1.00, 16.00 and 17.00 on Map 53B, Group G are contiguous with the portion of the alley right- of-way that would remain open. Mr. Nelson has submitted documentation indicating that the owners of these three (3) properties are not opposed to the partial closure and abandonment of the alley right-of-way. COOKEVILLE PLANNING COMMISSION 2 OCTOBER 25, 2010 The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following: • Submittal of written request and payment of fees (completed) • Submittal of survey (completed) • Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (completed) • Review by Departments (completed) • Review and approval of Planning Commission • Approval of City Council • Purchase of property based on a value established by the City Manager (appraisal, if necessary, and recording costs to be paid for by the petitioner) The applicable city departments have reviewed the closure and abandonment request. No public utilities are located in the right-of-way. Staff recommended approval of closure and abandonment and declaration as surplus property with sale to adjoining property owners in compliance with the Municipal Code. Dr. Angelo Volpe made the motion to approve closure and abandonment of a portion of an undeveloped alley right-of-way located north of Craighead Street and contiguous with Parcels 14.00 and 15.00 on Tax Map 53-B, Group G, and declaring it as surplus property with sale to adjoining property owners in compliance with the Municipal Code. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF REDIVISION OF LOTS 39-43 BLOCK E OF THE CAPSHAW SUBDIVISION, 3 LOTS LOCATED ON PROFFITT AND SHIPLEY STREETS. REQUEST SUBMITTED BY ANDY MILTON. James Mills stated that Mr. Andy Milton has submitted for approval a final plat of the Redivision of Lots 39-43 of the Capshaw Division, a 3-lot resubdivision located off Proffitt and Shipley Streets. The subdivision development property is identified on Tax Map 53J, Group B as Parcels 1.00 and 2.00 and consists of approximately .39 acres. The property is zoned as RD, Single-family and Duplex Residential. As depicted on the plat, the subject property boundary along the right-of-way of both streets is 30’ from the street centerline. As no new streets are to be constructed, sidewalks are not required for this development. The new lots will be served by the existing six-inch water lines located in the right-of-ways of both streets. An existing hydrant is located at the corner of Proffitt and Shipley which will provide adequate coverage to the lots. The lots will be served by the existing eight-inch sewer line located in the right-of-way of Proffitt Street. A platted ten (10) foot wide utility easement runs along the western boundary of Lot 1 to provide sewer access to Lot 3. Staff recommended conditional final plat approval is recommended subject to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. COOKEVILLE PLANNING COMMISSION 3 OCTOBER 25, 2010 Dr. Angelo Volpe made the motion to grant conditional final plat approval is recommended subject to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Aaron Bernhardt seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. HOLD A PUBLIC HEARING AND CONSIDER FOR ADOPTION THE COOKEVILLE 2030 PLAN. REQUEST SUBMITTED BY STAFF. Jim Stafne opened the Public Hearing. James Mills stated that the Cookeville 2030 Plan, a comprehensive future land use plan for the city and its Urban Growth Boundary, has been completed. The Plan covers a 20-year planning period. Public comments should be solicited. A Resolution adopting the Plan and certifying it to the City Council should be considered for approval. Staff recommended approval of Resolution adopting and certifying the Cookeville 2030 Plan and submitting it to the City Council for adoption. There were no comments or questions from the audience. Jim Stafne closed the Public Hearing by reading the Resolution adopting the Cookeville 2030 Plan. RESOLUTION OF THE CITY OF COOKEVILLE, TENNESSEE MUNICIPAL PLANNING COMMISSION A RESOLUTION OF THE CITY OF COOKEVILLE, TENNESSEE MUNICIPAL PLANNING COMMISSION ADOPTING THE COOKEVILLE 2030 PLAN WHEREAS, the Cookeville Municipal Planning Commission has completed a study and prepared the Cookeville 2030 Plan, a comprehensive land use plan for the future growth and development of the City of Cookeville and its urban growth area; and WHEREAS, the Cookeville 2030 Plan includes analyses of various factors affecting the future growth and development of the City of Cookeville and its urban growth area which are presented in the following plan components : Introduction, Background for Planning, Environmental and Natural Factors, Socio-Economic Factors Affecting Development, Existing Land Use Analysis, and Transportation Analysis and Plan; and WHEREAS, the Cookeville 2030 Plan includes a Development Plan, which consists of two interdependent elements, the first being the identification of goals and objectives and the establishment of policies for achieving them, and the second being the creation of a Future Land Use Concept Map which visually illustrates the goals, objectives and policies. NOW, THEREFORE, BE IT RESOLVED by the Cookeville Municipal Planning Commission that the Cookeville 2030 Plan is hereby adopted and is hereby certified to the Cookeville City Council as required by Section 13-4-302 of the Tennessee Code; and BE IT FURTHER RESOLVED by the Cookeville Municipal Planning Commission that the Cookeville 2030 Plan be submitted for consideration and adoption by the Cookeville City Council. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 25, 2010 Mr. Stafne also commended the Planning Staff for all of their hard work on the Plan over the past few years. Dr. Roy Loutzenheiser made the motion to approve the Resolution to adopt the Cookeville 2030 Plan and submit it for consideration and adoption by the Cookeville City Council. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. ADOPTED COOKEVILLE 2030 PLAN. James Mills thanked the Planning Commission for all the time that they spent reviewing the Cookeville 2030 Plan. James Mills stated that due to the item of package stores being on the ballot in the upcoming election on November 2, 2010, he would like to add as a tentative Study Item # 8: Consider for Study amendment to the Zoning Code relating to Package Store locations. Request submitted by staff. If the package stores do not pass, then the item will be removed from the agenda. Chris Wakefield made the motion to take the following items for study. Jim Woodford seconded the motion. Votes: Jim Stafne - aye, Dr. Angelo Volpe - aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Aaron Bernhardt - abstain, Randy Dalton - aye, David Webb - aye, and Jim Woodford - aye.. STUDY ITEMS. (1) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED BETWEEN BYRNE AND LEE AVENUES THROUGH PARCEL 7.00 ON MAP 40G, GROUP C, AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY THE CITY COUNCIL. (2) CONSIDER FOR STUDY REZONING 600 CORA ROAD FROM MS (MEDICAL SERVICES) TO RD (SINGLE FAMILY AND DUPLEX RESIDENTIAL). REQUEST SUBMITTED BY DAVID MAXWELL OF LAUREL HILL PROPERTIES. (3) CONSIDER FOR STUDY PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM’S COMMUNITY RATING SYSTEM. REQUEST SUBMITTED BY STAFF. (4) CONSIDER FOR STUDY PRELIMINARY PLAT OF LAUREL HILL SUBDIVISION, 40 LOTS LOCATED OFF CORA ROAD. REQUEST SUBMITTED BY LAUREL HILL PROPERTIES, LLC. (5) CONSIDER FOR STUDY AMENDMENT TO ZONING CODE SECTION 230, FL (FLOODPLAIN DISTRICT) TO REFLECT REVISIONS TO THE FLOOD INSURANCE RATE MAP (FIRM) RESULTING FROM A LETTER OF MAP REVISION (LOMR). REQUEST SUBMITTED BY STAFF. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 25, 2010 (6) CONSIDER FOR STUDY PRELIMINARY PLAT OF RICHLAND MANSFIELD VILLAGE, 20 LOTS LOCATED ON WEST 12TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. (7) CONSIDER FOR STUDY PRELIMINARY PLAT OF COOKEVILLE LIMESTONE ROAD DIVISION LOCATED WEST OF THE INTERSECTION OF SPRING STREET AND DRY VALLEY ROAD. REQUEST SUBMITTED BY LARRY BURGESS. (8) CONSIDER FOR STUDY AMENDMENT TO THE ZONING CODE RELATING TO PACKAGE STORE LOCATIONS. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • REDIVISION OF GEORGE LOFTIS DIVISION – 2 LOTS LOCATED ON WEST BROAD STREET AND WEST JACKSON STREET – CASON DICKINSON. • REDIVISION OF LOTS 9 & 10 OF BRADLEY PARK – 2 LOTS LOCATED ON BRADLEY DRIVE – LARRY SPARKS. • UPPER CUMBERLAND IMAGING PROPERTY COMBINATION PLAT – 1 LOT LOCATED ON THE CORNER OF WEST 4TH AND NORTH WILLOW AVENUE – ROBERT GUNTER. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

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