Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 25, 2016 The Cookeville Planning Commission met on Monday, July 25, 2016 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Judy Jennings, Chris Wakefield, David Webb, Jim Woodford, Kay Starkweather, Leslie Sullins Draper, and Jim Cobb. MEMBERS ABSENT: Tracy Cody. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, Mike Davidson and Officer Ben Dukes. OTHERS PRESENT: Wayne Russell, Chad Gilbert, Lauren Shibakov, David Bilbrey, and Laura Militana. CONSIDER FOR APPROVAL THE AGENDA AS AMENDED. James Mills stated that the agenda needed to be amended to add the following study item: (3) Consider for Study Final Plat of Somerville Phase II, 8 lots located off Breeding Avenue Request submitted by Jerry Gaw. Leslie Sullins Draper made the motion to approve the agenda as amended. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 25, 2016. Kay Starkweather made the motion to approve the minutes of June 25, 2016. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF STEVENS SQUARE, 10 LOTS LOCATED ON WEST STEVENS STREET. REQUEST SUBMITTED BY CHAD GILBERT OF PUTNAM CONTRACTING SERVICES LLC AND TONY GAMMON ON BEHALF OF WILLIAM A. MCDONALD. THIS ITEM WAS POSTPONED AT THE JUNE 27, 2016 MEETING. James Mills stated that Mr. Chad Gilbert of Putnam Contracting Services, on behalf of contracted buyer Mr. Tony Gammon and current property owner William McDonald, has submitted for approval a Preliminary Plat for Stevens Square, a proposed ten (10) lot single family attached dwelling (townhouse) development located at 400 and 402 West Stevens Street. The subject property is identified as Parcels 18.00 and 19.00 on Tax Map 53I, Group D and is zoned as RM-14, Multi-Family Residential. Combined the two parcels consist of approximately 0.65 acres. The preliminary plat depicts the development of nine (9) single-family attached dwelling (townhouse) lots, five (5) of which are located in the northern portion of the property and four (4) are located on the southern portion. A tenth lot comprises a common area and a joint parking area located between the two (2) clusters of townhomes. Single-family attached dwellings (townhouses) are uses permitted on review in the RM-14 zoning COOKEVILLE PLANNING COMMISSION 2 JULY 25, 2016 district. Approval of a subdivision plat is required as is compliance with the provisions of Section 216.3B of the Zoning Code. The minimum lot requirement in RM-14 zoning district is 3,000 square feet per dwelling unit. With a combined land area of 0.65 acres, or approximately 28,300 square feet, a maximum of nine (9) dwelling units could be located on the subject properties. The preliminary plat indicates the dedication of approximately six (6) feet of property along the approximately 165 feet of street frontage as additional right-of-way for West Stevens Street. The plat also depicts an average front yard setback off the adjusted property line of between 19 and 20 feet. The minimum front yard setback requirement in the RM-14 district for single-family attached dwellings is 25 feet. However, Section 204.5 of the Zoning Code provides that when a portion of a lot is acquired for a public purpose the city may permit a reduction in the required setbacks in such a manner to allow the setbacks to be measured from the property line prior to the acquisition. The plat further depicts a setback of ten (10) feet along the rear property line. The minimum rear yard setback in the RM-14 district is 15 feet. A variance was approved by the Cookeville Board of Zoning Appeals, at its July 2016 meeting, to reduce the rear yard setback requirement from 15 feet to ten (10) feet. The approval of the variance was subject to the dedication of additional right-of-way for West Stevens Street. One new private street is proposed with the name MacKenzie Way. Since the street will be a dead-end street a turn around area is required and a modified hammer head design is depicted on the plat. New sidewalk construction along West Stevens Street is required and depicted. The developers must submit drainage, grading and street construction plans to the Public Works Department before construction will be authorized. Water service will connect to the existing six (6) inch water line located in the right-of-way of West Stevens Street and the lots will be served by a master meter. Sewer will connect to the existing eight (8) inch gravity sewer line also located within the West Stevens Street right-of-way. The developers must submit water and sewer plans to the Department of Water Quality Control for review and approval prior to construction. There are existing hydrants located on West Stevens Street and within the Jackson Plaza Shopping within distance to serve the site and the dwelling units are required to have sprinkler systems. All common areas, utilities, streets and other infrastructure improvements are private and will be maintained via a Homeowners Association Agreement that will be required upon final plat recording. No portion of the subject property is located in a Special Flood Hazard Area according to the Flood Insurance Rate Maps for the area, nor are there indications of Sinkhole Retention Areas according to the available GIS data. Staff recommended conditional approval of the Preliminary Plat subject to the following: • Developer shall schedule and attend a pre-construction and site plan review meeting with all the appropriate city departments COOKEVILLE PLANNING COMMISSION 3 JULY 25, 2016 • Developer must submit a street plan and profile with storm sewer and sidewalk details to the Department of Public Works for all new streets and sidewalks • Developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Department of Public Works • Developer must submit water and sewer plans to the Water Quality Control Department • Developer shall submit plans for the installation of underground electric per the Electric Department design requirements • Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications • Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Leslie Sullins Draper asked if the trash cans could be put in the back of the units for pickup. James Mills replied that Tom Dyer with the Public Works Department approves the location of the trash recepticles and that putting the cans on Stevens Street would make it easier for their drivers to pick them up. Jim Woodford made the motion to grant conditional Preliminary Plat approval, subject to staff’s recommendation. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION RENAMING DESIGN DRIVE TO RICH FRONING WAY. REQUEST SUBMITTED BY THE COOKEVILLE CITY COUNCIL. James Mills stated that members of the Cookeville City Council have requested the Planning Commission approve renaming Design Drive to Rich Froning Way. Design Drive is located between Salem Church Road and State Highway 111. The process for street naming/renaming in provided in Chapter 2 in Title 16 of the Cookeville Municipal Code. Chapter 16-201 specifies that the Planning Department shall approve the naming or renaming of streets within the city. Chapter 16-202 provides that a street renaming can be initiated by the city provided all property owners located on a street proposed for renaming are provided written notification and provided a public hearing is held by the Planning Commission. Decisions of the Planning Commission can be appealed to the City Council. A street naming or renaming becomes effective 30 days following Planning Commission approval unless appealed or specified otherwise. There are four (4) parcels contiguous with Design Drive: Parcel 34.01 on Tax Map 66 owned by Ms. Patty Dycus, Parcel 34.02 on Tax Map 66 owned by Richard Froning, Jr., Parcel 1.01 on Tax Map 67 owned by Averitt Express, and Parcel 1.03 on Tax Map 67 owned by Nate Maxwell. Parcels 34.02 (601 Design Drive) and 1.01 (610 and 616 Design Drive) are the only properties with structures. The owners of the four (4) parcels have been notified about the proposed renaming by the Planning Department. COOKEVILLE PLANNING COMMISSION 4 JULY 25, 2016 Staff recommended approval of renaming Design Drive to Rich Froning Way. James Mills added that the property owners will be notified in writing that the effective date of the street name change will be 30 days following Planning Commission approval, unless it is appealed to the City Council. Kay Starkweather made the motion to approve changing the name of Design Drive to Rich Froning Way effective 30 days from tonight’s meeting. Jim Cobb seconded the motion and the motion carried unanimously. STREET NAME CHANGE EFFECTIVE IN 30 DAYS. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRD PLAN FOR WHITSON PLACE SUBDIVISION. REQUEST SUBMITTED BY SETH HUDSON. James Mills stated that Mr. Seth Hudson has submitted a request for a second six (6) month extension of the approval of the Preliminary Planned Residential Development (PRD) Plan for Whitson Place. The proposed Whitson Place PRD is located off Whitson Avenue on a site consisting of approximately 14.24 acres. The rezoning of the site to PRD and a Preliminary PRD Plan were conditionally approved by the Planning Commission at their May 2015 meeting. The Cookeville City Council, at its July 16, 2015 meeting, conditionally approved the establishment of PRD zoning for the property subject to the following parameters: • The maximum number of dwelling units shall be 41 • Dwelling units along the perimeter adjacent to existing single family homes shall be single story only • Attached dwelling units along the perimeter adjacent to existing single family homes shall be limited to clusters of no more than 2 dwelling units • The maximum number of bedrooms in any dwelling unit shall be 3 • Exterior building materials of all dwelling units shall consist, at a minimum, of 80 % brick or stone with the remainder Hardie board • Each dwelling unit shall have its own garage • The perimeter buffer yard shall have a minimum width of 45 feet • The screening material required for the perimeter buffer yard shall consist of a staggered, double row of Leyland Cypress trees or Aborvite, 8 to 10 feet in height at the time of planting • The homeowners association agreement shall include specific provisions for the maintenance of the perimeter buffer yard • A revised Preliminary PRD Plan, depicting compliance with all parameters, shall be submitted to the Planning Department, and • The developer and city staff shall obtain input from the U.S. Fish and Wildlife Service regarding the impact of the development on the water supply and bat population prior to the Final PRD plan being submitted to the Planning Commission. A revised Preliminary PRD has been submitted to the Planning Commission depicting the applicable parameters established by the City Council. COOKEVILLE PLANNING COMMISSION 5 JULY 25, 2016 The process and procedure for the approval and development of properties zoned as PRD are provided in Section 218 of the Zoning Code. Section 218.17B (6) specifies that approval of the Preliminary PRD Plan will expire six (6) months after the effective date of rezoning action by the City Council if no Final PRD Plan has been submitted to and approved by the Planning Commission. Extensions, totaling no more than 18 months after the effective date of rezoning, may be granted by the Planning Commission. Staff recommended approval of six (6) month extension of the Preliminary PRD Plan for Whitson Place Subdivision. Jim Woodford made the motion to approve the six (6) month extension of the Preliminary PRD Plan for Whitson Place Subdivision. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED SIX (6) MONTH EXTENSION. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF THE JOHNNY HAMMOCK DIVISION, 16 LOTS LOCATED OFF HUDDLESTON DRIVE. REQUEST SUBMITTED BY JOHNNY HAMMOCK. James Mills stated that Mr. Johnny Hammock has submitted a request for a six (6) month extension of the approval of the Preliminary Plat for the Johnny Hammock Division, a proposed 16 lot subdivision of property located off Huddleston Drive. The Preliminary Plat was originally conditionally approved by the Planning Commission on July 21, 2015 for a period of one year. As provided in Article II, Section D, Subsection 9 of the Subdivision Regulations, an extension of time can be applied for by the developer and granted by the Planning Commission provided a $50.00 fee is submitted with the request. Mr. Hammock submitted the fee with his request for an extension. No work has begun to install improvements on the site, nor have any changes been made to the plat since the most recent preliminary plat was approved. Staff recommended approval of the request for a six (6) month extension of the Preliminary Plat as requested, subject to same conditions established with the original approval. Lauren Shibakov of Lauren Engineering stated that her and the developer have been working with Barry Turner of the Water Quality Control Department on the sewer design and that it has taken longer than they expected to complete the design. Leslie Sullins Draper made the motion to approve the six (6) month extension of the Preliminary Plat of the Johnny Hammock Division. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED SIX (6) MONTH EXTENSION. CONSIDER FOR ACTION FINAL PLAT OF RIVER’S EDGE SUBDIVISION, 30 LOTS LOCATED ON OLD SPARTA ROAD. REQUEST SUBMITTED BY DAVID BILBREY. James Mills stated that Mr. David Bilbery of Advanced Inc., on behalf of property owner Austin Jones, has submitted for approval a Final Plat of River’s Edge Subdivision, a 30 lot single family detached residential development located at the COOKEVILLE PLANNING COMMISSION 6 JULY 25, 2016 southern end of Old Sparta Road. The development was originally granted preliminary plat approval for 47 lots in July 2014. In March 2015 a revised preliminary plat was approved that reduced the number of lots to 30. On October 26, 2015 the Planning Commission granted a variance request to reduce the street design speed from 30 MPH to 25 MPH. The development is identified on Tax Map 96 as Parcel 78.06 and contains approximately 30.02 acres. This property is zoned as RS-20, Single Family Residential as is property to the north and south. Property to the west is zoned CL, Local Commercial. The eastern boundary of the property coincides with the current corporate limits along the western bank of the Falling Water River. The plat depicts the creation of approximately 2,178 feet of new streets within the proposed subdivision. However, the property proposed for development does not have direct access to Old Sparta Road, which is the closest city street. The southern end of the city maintained portion of Old Sparta Road terminates near the northwest corner of the property at a gate post. At this point continuing south is a private driveway that is located within an undeveloped right-of-way adjacent to the subject property. Within the subdivision, a new looped road named Rivers Edge Drive has two access points of ingress/egress to this undeveloped right-of-way. The developer was required at his expense to upgrade the approximately 535 feet of this undeveloped right-of- way to city street standards in order to extend Old Sparta Road to the southern intersection with the proposed Rivers Edge Drive. In addition, due to the substandard condition of existing streets that must be utilized to connect to the proposed subdivision, the developer was also required to improve to city standards River Bluff Road from the intersection of South Jefferson Avenue to the intersection of Old Sparta Road a length of approximately 285 feet, continuing south approximately 302 feet along the remainder of Old Sparta Road. Article V Section F of the Subdivision Regulations is entitled “Substandard Existing Streets” and specifies that “the subdivision of property abutting existing streets that do not meet the minimum construction standards of these regulations shall generally be prohibited. Should improvements to the existing streets be required in order to meet the demands of the proposed subdivision, the costs of said improvements shall be borne by the developer unless determined otherwise by the City of Cookeville. New four (4) foot wide sidewalks will be installed along one side of all new streets and the developer intends to financially guarantee the completion of the sidewalks for a period of up to five (5) years. The developer has installed storm sewers for drainage. Low pressure sewer system, as well as new waterlines, have been installed to serve the lots. Two (2) new hydrants have also been installed to provide fire protection as required by the Subdivision Regulations. The property boundary along the Falling Water River is in a Special Flood Hazard Area (SFHA) as shown on the FEMA Flood Insurance Rate Maps. The SFHA areas are on Lots 3-14. However, there is sufficient land area remaining outside of the SFHA for a buildable site on each of the impacted lots. A FEMA Pre-Construction Elevation Certificates will be required prior to the issuance of building permits for these lots. In addition to the SFHA, the Public Works Departments has determined that a 60 feet wide riparian buffer area measured from the top of the bank on all lots adjacent to the Falling Water River is required due to the fact that this is listed by the EPA as a 303.D impaired stream. This buffer is to be depicted on the plat. COOKEVILLE PLANNING COMMISSION 7 JULY 25, 2016 Public Works Director, Greg Brown, has estimated that a financial guarantee in the amount of $15,000 in the form of an irrevocable letter of credit is sufficient to guarantee the completion of the sidewalks. In addition, Mr. Brown advised that the developer must pay $35,000 for the final paving surface in cash or by certified check. Finally, the developer must purchase all street signage as required by Public Works. Staff recommended conditional Final Plat approval subject to the following being completed within 90 days: • Completion of required street improvements through the binder surface stage, including the required improvements to existing city streets and completion of any other improvements, modifications, repairs or corrections that may be determined necessary by applicable city departments • Submittal and approval of as-built plans for all required infrastructure improvements • Submittal of Financial Guarantee in Lieu of Improvements in the amount of $15,000 to guarantee the completion of the sidewalks for a term not to exceed five (5) years • Submittal of Final Street Surfacing fee in the amount of $35,000 • Submittal of Warranty of Improvements in the amount $10,000 • Submittal of payments for all street name and traffic control signage as required by Public Works • Depiction of Base Flood Elevations on the plat for Lots 3-14, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Jim Stafne asked Mr. Bilbrey if there were going to be installing any rain gardens. David Bilbrey replied that they will be using rain gardens for additional stormwater retention. Jim Woodford made the motion to grant conditional final plat approval of River’s Edge Subdivision, subject to conditions being completed within 90 days Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL, SUBJECT TO CONDITIONS BEING COMPLETED WITHIN 90 DAYS. Jim Woodford made the motion to take the following items for study. Leslie Sullins Draper seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING A PORTION OF 803 HORACE LEWIS ROAD FROM RS-20 (SINGLE-FAMILY RESIDENTIAL) TO RS-5 (SINGLE- FAMILY RESIDENTIAL). REQUEST SUBMITTED BY CHAD GILBERT ON BEHALF OF JUDD BULLINGTON OF THE BULLINGTON LAND CO., LLC. (2) CONSIDER FOR STUDY THE FOLLOWING AMENDMENTS TO THE ZONING CODE: • ALLOW MEDICAL CLINICS AND AMBULANCE SERVICE AS PERMITTED USES IN THE CI DISTRICT; COOKEVILLE PLANNING COMMISSION 8 JULY 25, 2016 • ALLOW TAXI SERVICE AS A PERMITTED USE IN THE CL DISTRICT; AND • INSERT IN SECTION 206.11 ADDITIONAL STANDARDS FOR MULTI- FAMILY DWELLINGS. REQUEST SUBMITTED BY THE PLANNING STAFF. THE FOLLOWING ITEM WAS ADDED TO THE AGENDA AT THE MEETING: (3) CONSIDER FOR STUDY FINAL PLAT OF SOMERVILLE PHASE II, 8 LOTS LOCATED OFF BREEDING AVENUE. REQUEST SUBMITTED BY JERRY GAW. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • WILLIAM COOMER DIVISION – 2 LOTS LOCATED AT 209 CORA ROAD & 966 GOODWIN ROAD – RUTH IRENE COOMER ESTATE. • SHEPHERD HILL ESTATES REDIVISION OF LOT 49 – 2 LOTS LOCATED AT 2210 & 2212 CLIFF LANE – TYLER BROWN. • AMENDED PLAT OF LOTS 1, 2, & 3 OF THE LYNN, SMITH, NEWSOM, PIELA DIVISION – 2 LOTS LOCATED AT 500 & 580 E. VETERANS DRIVE – JAMES L. SMITH TRUSTEE. • THE DICICCO PROPERTY – 1 LOT LOCATED 5621 SULLIVAN ROAD – JOHN M. DICICCO. James Mills reported that the City is getting ready to begin work on the long range visioning process that will be based on the results from the 950 participants that ranked the needs of our community during Envision Cookeville. After the results are compiled, the City will take the top seven (7) needs and send out a citizen’s survey. Mr. Mills added that the field work has been completed on the Downtown Parking Study and that the Planning Department will be reviewing the utilization of those parking areas and bringing back the results to the Planning Commission. ADJOURNMENT: 6:04 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION