Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 23, 2017 The Cookeville Planning Commission met on Monday, October 23, 2017 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, Tracy Cody, and Jim Cobb. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, Jon Ward and Mike Davidson. OTHERS PRESENT: Daniel Donovan, Ron & Beth Allen, Justin Hill, Justin Cumby, Zach Ledbetter, Sheila & Dennis Driller, Sandra Diller, Sheila & Bob Jett, Bill & Paula Haberkamp, Marcia Donovan, Scott & Sherri Lytal, Wayne Cravens, Kevin Sowell, Kaitlan Oracion, Mitch Copeland, Craig Hughes, Bob & Nancy Himell, Chad Gilbert, Dwight Henry, Scott Williams, and Johnnie Williams. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Kay Starkweather made the motion to approve the agenda as submitted. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 25, 2017. Chris Wakefield made the motion to approve the minutes of September 25, 2017. Leslie Sullins Draper seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO VARIOUS SECTIONS OF THE ZONING CODE TO INSERT PROVISIONS RELATIVE TO SHORT TERM RENTAL PROPERTIES AND TO REVISE PROVISIONS FOR BED & BREAKFAST HOMES. REQUEST SUBMITTED BY STAFF. THIS ITEM WAS POSTPONED AT THE LAST MEETING. James Mills stated that consideration of amendments to various sections of the Zoning Code inserting provisions relating to Short Term Rental Properties and making certain revisions to the current provisions for Bed and Breakfast Homes was postponed by the Planning Commission at its September 2017 meeting to allow further study. Short Term Rental Properties, which includes uses such as Airbnb and Vacation Rental By Owner (VRBO), have increased both in number and in popularity across the nation. The Zoning Code currently does not specifically address Airbnb’s or similar short term rental properties, with the exception of bed and breakfast homes. Bed and breakfast homes are addressed in Section 206.3 of the Zoning Code and are permitted as special exceptions in several single family residential, multi-family residential and commercial districts subject to compliance with the provisions of Section 206.3. Short Term Rental Properties, especially those that are not owner occupied, can have negative impacts on nearby properties in single family residential areas. These include transient residents, noise, trash, increased traffic, and impact on property values. There are also COOKEVILLE PLANNING COMMISSION 2 OCTOBER 23, 2017 concerns that such uses are commercial uses that do not pay commercial taxes and compete unfairly against hotels. During the September review of the proposed amendments the Planning Commission approved three (3) modifications. These modifications were (1) Special exception approval for a bed and breakfast home shall not be transferrable to a new owner of the dwelling; (2) There shall be no more than two guest rooms with a maximum of two adults and two minor dependent children guests per guest room; and (3) Approval of the special exception shall be revoked for any bed and breakfast home cited by the Codes Department for three (3) or more codes violations in any 12 consecutive month period. A property shall not be eligible to reapply for a special exception for a period of 12 consecutive months following revocation. Subsequent to the last meeting the Planning Department has been contacted by a number of individuals regarding the proposed regulations. The department has received several suggestions for revisions/additions to the provisions. Based on the comments received the following additional modifications to the provisions for bed and breakfast homes are proposed: • Requiring that at least one adult member of the owner’s immediate family remain on premise when transient guests are in the home, • Limiting the maximum number of guests at 5 with no room limit on guest rooms, • Requiring proof of insurance with a minimum liability coverage of $1 million, • Prohibit guests from having special events, • Prohibit the subleasing of rooms by a guest, and • Exempting the temporary rental of an owner occupied single family dwelling when rented for no more than 14 cumulative days in any 12 consecutive month period. While not included in the proposed modifications, the Planning Department has also been asked to consider the following modifications to the provisions for bed and breakfast homes: • Requiring a Business License, annual permit fees, • Requiring the collection and payment of local or state room or sales taxes, • Requiring fire inspections, smoke detectors and fire extinguishers, • Reducing the minimum structure square footage requirement to less than 3,000 sq. ft., • Deleting the requirement for parking to be located to the rear of the dwelling, • Deleting the requirement for approval by the Historic Zoning Commission, • Classify and regulate Bed and Breakfast Homes the same as STRPs, and • Adopt no specific regulations for STRPs. The draft Ordinance prepared by the Planning Department provides a definition for Short Term Rental Properties (STRP), distinguishing such uses from bed and breakfast homes. In general terms a STRP would be considered as a commercial use while a bed and breakfast home would still be considered as a residential use. Specific standards for STRPs are proposed including requiring a special permit and a business license, requiring proof of insurance, requiring collection and payment of state and local room or sales tax, and establishing standards for operation. STRPs, which do not have to be owner occupied, would COOKEVILLE PLANNING COMMISSION 3 OCTOBER 23, 2017 not be permitted within any RS, Single Family Residential zoning districts. They would be permitted uses in the same zoning districts as multi-family uses subject to specific conditions. Certain revisions to proposed standards for STRPs have been prepared by the Planning Department for consideration. These revisions include the following: (1) Approval of the STRP Permit shall be revoked for any bed and breakfast home cited by the Codes Department for three (3) or more codes violations in any 12 consecutive month period; (2) There shall be no more than two adults and two minor dependent children guests per guest room; and (3) Exempting the temporary rental of an owner occupied single family dwelling when rented for no more than 14 cumulative days in any 12 consecutive month period. Staff recommended approval of the amendments. Jim Stafne stated that as a Planning Commission member he has always tried to protect single family residential areas, when reviewing items before the Board. Jim Cobb asked why the square footage was limited to 3,000. James Mills stated that the Zoning Code was amended in early 2000 and the square footage was set at 3,000 sq. ft. to reduce the number of homes that could have a Bed & Breakfast. Bill Haberkamp, property owner at 511 North Dixie Avenue, thanked the Planning Department for changing the code so that the Bed & Breakfast homes have to be owner occupied. Scott Lytal, property owner at 117 North Dixie Avenue, was concerned that the number of rooms needed to be specified for the Special Exception, so someone could not say that if you have five (5) guests that there could be five (5) rooms. Mr. Lytal would prefer the wording of two (2) rooms maximum with no more than two (2) adults and two (2) children per room. Marcia Donovan, property owner at 412 North Dixie Avenue, stated that Historic Districts are a great benefit to the community. Ms. Donovan would like to keep the Historic Zoning Commission involved in the process. She added that she was concerned that stacked cars would not look like a residence and would request that the Historic Zoning Commission approve a schematic plan for the parking if it falls in a Historic District. Ron Allen, 211 North Dixie Avenue, stated that his family has lived at this location for 80 years. Mr. Allen was concerned about the protection for his children from transient renters and was opposed to commercial infringement on a residential area. James Mills stated that the Historic Overlay Zone for North Dixie Avenue has residential and commercial zones already in the District. Sherri Lytal, property owner at 117 North Dixie Avenue, was concerned about the following: (1) Screening & fencing in Historic Zones to protect the adjoining property owners, (2) Safety issue of vehicles not be able to back out on the street by guests, which could cause accidents COOKEVILLE PLANNING COMMISSION 4 OCTOBER 23, 2017 on North Dixie Avenue, (3) Not allowing signage, and (4) To provide a 24/7 hot line for complaints at night and on weekends. Bob Himell, property owner at 850 Oaklawn Court, asked what was the difference between a Bed & Breakfast Home and a short term rental. James Mills replied that a Bed & Breakfast home is a type of short-term rental that is owner occupied and only located in single-family zones, except for RS5 and RD which are excluded. Non-owner occupied short term rentals are allowed in multi-family zones and commercial zones, but do not have to go to the Board of Zoning Appeals. They will be required to get a $100 permit from the Codes Department with a yearly renewal fee of $50, a business license which is not transferrable, and proof of liability insurance. They will not be able to rent by the hour, they will be required to have a guest log and their permit has to be posted. Mitch Copeland, property owner at 239 Pigeon Roost Creek Road, stated that he lived outside the city limits, but worked for a apartment complex. Mr. Copeland thought the changes would negatively effect their business. Chad Gilbert, 609 Terrace Hill, stated that he did not agree with the short term rental changes proposed. He felt it was unfair to limit the number of people that can stay in a rental. Leslie Sullins Draper stated that she was concerned that the exemption for Bed & Breakfast Homes and Short Term Rental Properties does not specify the number of guests that are allowed. Other Board members agreed. Leslie Sullins Draper made the motion to change the wording for the exception for Bed & Breakfast Homes and Short Term Rental Properties to a maximum number of five (5) guests. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. There was discussion about declaring how many rooms will be utilized for the Bed & Breakfast Homes during the application process so that the parking can be verified by the Board and requiring proof of liability insurance. James Mills recommended that when an applicant applies for a Bed & Breakfast Home to the Board of Zoning Appeals that they be required to specify the number of rooms that will be used, so that parking can be specified by the Board, and after approval, they will be required to provide proof of liability insurance. Jim Woodford made the motion to approve the recommendations by the staff, along with the amendments to change the wording for the exception for Bed & Breakfast Homes and Short Term Rental Properties to a maximum number of five (5) guests, declaring the number of rooms during the application process so that the parking can be declared, and to require proof of liability insurance. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED, WITH CHANGES TO THE AMENDMENTS. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 23, 2017 CONSIDER FOR ACTION REVIEW AND RECOMMENDATION FOR PLAN OF SERVICES FOR ANNEXATION OF MACKIE FARM AREA, 9 PARCELS CONSISTING OF APPROXIMATELY 249 ACRES LOCATED SOUTH OF I-40 AND EAST OF STATE HIGHWAY 111. REQUEST SUBMITTED BY STAFF. James Mills stated that the City of Cookeville has received petitions requesting annexation from the owners of a number of parcels located off Salem, Bob Mackie, and Brown’s Mill Roads. For identification purposes the territory has been designated as the Mackie Farm area. The territory is contiguous with the current corporate limits and is located entirely within the Urban Growth Boundary. The Mackie Farm annexation area consists of approximately 249 acres, including parcel and street right-of-way acreage. The area consists of nine (9) parcels in their entirety: PROPERTY PROPERTY MAP GP PARCEL ADDRESS OWNER 1 67 42.00 2327 SALEM RD FLATT, NANCY K 2 67 42.01 2145 SALEM RD FLATT, RUSSELL AND DOROTHY 3 67 42.02 2317 SALEM RD FLATT, NANCY LOUISE 4 67 42.03 2330 SALEM RD JETT, ROBERT 5 67 43.00 2025 SALEM RD MACKIE, ELBERT 6 67 43.04 1699 ELBERT MACKIE RD MACKIE, RAY 7 67 43.06 1520 ELBERT MACKIE RD MACKIE, RAY 8 67 43.08 BROWNS MILL RD MACKIES FIVE PARTNERS 9 82 1.23 BROWNS MILL RD PUMPKINHEAD INVESTMENTS The owners of seven (7) of the nine (9) parcels have submitted signed petitions requesting annexation of their properties. Petitions have not been received from the owners of Parcel 42.00 on Map 67 (owned by Nancy K. Flatt) and Parcel 42.03 on Map 67 (owned by Robert Jett). Exclusion of these two properties from the annexation proposal would create an unincorporated area surrounded by the city. As this is not desirable, the two parcels are included in the annexation proposal. Due to changes in state annexation law, an annexation referendum will have to be completed to incorporate the entire area. The area also includes an estimated 7,218 linear feet or 1.37 miles of county roads that would become city streets upon annexation. Approximately 0.64 miles of these roads are substandard due to either surface condition or width or both. This includes 0.41 miles of Salem Road which is almost entirely undeveloped. The territory is within the electric service area of the Upper Cumberland Electric Coop and the City of Cookeville will be unable to serve the area with the exception of street lights. The Cookeville Gas Department serves the area and it is also within the water service area of the Cookeville Water Quality Control Department. Public sewer is adjacent to the area and can be extended if it is annexed. The property owners have indicated that a primary reason for requesting annexation is to increase the development potential of their properties. A large portion of the area is currently being marketed for industrial development. The area is identified in the Cookeville 2030 Plan COOKEVILLE PLANNING COMMISSION 6 OCTOBER 23, 2017 as being best suited for commercial and/or industrial purposes. Zoning of the area will be initiated upon the annexation becoming effective. It is anticipated that the area will be zoned as CI, Commercial-Industrial Mixed Use or LM, Light Manufacturing. A Plan of Services for the territory has been prepared and is included in a Resolution to be considered by the City Council. The proposed Plan of Services for the Mackie Farm annexation area is as follows: Plan of Services Mackie Farm Annexation Area Introduction The City of Cookeville has received petitions requesting annexation from the owners of adjacent properties contiguous with the corporate limits. The purpose of this document is to present a Plan of Services for the territory. For identification purposes the territory has been designated as the Mackie Farm Area. This document was prepared by the Cookeville Planning Department with consultation with applicable city departments. Description of Area The Mackie Farm annexation area extends southeast from the current Cookeville corporate limits. It is located entirely within the Cookeville Urban Growth Boundary. The area is generally bounded on the north by Interstate 40 and the current corporate limits, on the west by the current corporate limits east of TennTex Drive, and to the south by Browns Mill Road. The primary point of access to the proposed annexation area from the current city limits is from State Highway 111 via Salem Road. The area consists of a total of approximately 249 acres or 0.38 square miles of land. The area consists of nine (9) parcels in their entirety: Parcels 42.00, 42.01, 42.02, 42.03, 43.00 43.04, 43.06 and 43.08 on Tax Map 67 and Parcel 1.23 on Tax Map 82. Signed petitions requesting annexation have been submitted by the owners of seven (7) of the nine (9) parcels. The area also includes an estimated 7,218 linear feet or 1.37 miles of county roads that will become city streets upon annexation. Only 0.72 miles of these streets are of adequate width with an asphalt surface in good condition. The territory is within the electric service area of the Upper Cumberland Electric Coop. The property owners have indicated that a primary reason for requesting annexation is to increase the development potential of their properties. The area is identified in the Cookeville 2030 Plan as being best suited for commercial and/or industrial purposes and the Planning Department recommends that the area be zoned in compliance with the 2030 Plan. COOKEVILLE PLANNING COMMISSION 7 OCTOBER 23, 2017 Plan of Services Police Protection Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided upon the effective date of annexation. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need is established by appropriate study and traffic standards. Fire Protection Fire protection by present personnel and equipment of the fire fighting force, within the limitations of available water and distances from fire stations, will be provided upon the effective date of annexation. Water Water service is provided to the annexation area by the City of Cookeville. Rates for existing city customers will be reduced to the inside city rate within sixty (60) days after the effective date of annexation. Improvements to provide fire hydrants necessary to provide fire protection to the area will be completed within five (5) years after the effective date of annexation. Sanitary Sewer Sanitary sewer service will be provided to the unserved portions of the annexation area when economically feasible and based on the same criteria, standards and policies used to determine the expansion of sanitary sewer service in the unserved portions of the present corporate limits. Solid Waste Collection and Disposal The same regular refuse collection service now provided within the city shall be extended to the annexed area within sixty (60) days after the effective date of annexation. Streets Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. Routine maintenance, on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other major improvements will be accomplished under the current policies of the city. Planning and Zoning The planning and zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. The annexed area shall be zoned as RS-20, Single Family Residential upon the effective date of annexation as required by the Cookeville Zoning Code. Petitioners for annexation have requested CI, Commercial-Industrial Mixed Use zoning for the area and the Planning Department will submit a recommendation to the Planning Commission for rezoning within three (3) months after the effective date of annexation. Inspection Services Any inspection services now provided by the city (building, plumbing, gas, housing, fire etc.) will begin on the effective date of annexation. Recreational Facilities Residents of the annexed area may use all existing recreational facilities, parks, etc. on the effective date of annexation. The same standards and policies now used in the present city will be followed in expanding the recreational programs and facilities in the enlarged city. COOKEVILLE PLANNING COMMISSION 8 OCTOBER 23, 2017 Electrical Service and Street Lighting Electric service for domestic, commercial and industrial use to the annexed area will continue to be provided by the Upper Cumberland Electric Membership Cooperative. The City of Cookeville will pay the cooperative for the provision of street lighting in the annexation area and will request that the cooperative provide it within one (1) year after the effective date of annexation. Natural Gas Service Natural gas service is provided to the annexation area by the City of Cookeville. Rates for existing city customers will be reduced to the inside city rate within sixty (60) days after the effective date of annexation. Staff recommended approval of the Plan of Services for the Mackie Farm area with recommendation to City Council to proceed with annexation of the area by referendum Leslie Sullins Draper made the motion to approve the Plan of Services for the Mackie Farm area with recommendation to City Council to proceed with annexation of the area by referendum. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED PLAN OF SERVICES AND TO RECOMMEND THAT THE CITY COUNCIL PROCEED WITH ANNEXATION BY REFERENDUM. CONSIDER FOR ACTION MODIFICATION OF PRIOR RECOMMENDATION FOR CLOSURE AND DECLARATION AS SURPLUS ALLEYS LOCATED OFF SOUTH OAK AVENUE AND DEPOT STREET AND PORTIONS OF THE SOUTH RIGHT-OF-WAY OF DEPOT STREET AND CONSIDER FOR APPROVAL ACCEPTANCE OF PROPERTY AS RIGHTS-OF-WAYS FOR SOUTH OAK AVENUE, SOUTH CEDAR AVENUE, DEPOT STREET AND AN ALLEY LOCATED BETWEEN SOUTH CEDAR AND SOUTH OAK AVENUES. REQUEST SUBMITTED BY STAFF. James Mills stated that in November 2016 the Planning Commission recommended for the closure and abandonment and declaration as surplus property the rights-of-ways for two (2) alleys bisecting property owned by Auxin-Wilson, LLC/Cookeville Downtown Hotels, LLC and located on South Oak Avenue and Depot Street. Also approved at the November 2016 meeting was the declaration as surplus property portions of the southern right-of-way of Depot Street and the acquisition from Auxin-Wilson, LLC/Cookeville Downtown Hotels, LLC, in exchange for the rights-of-ways, certain property identified as portions of Parcel 7.00 and 8.00 on Tax Map 52G, Group F. The action was taken at the request of Auxin-Wilson, LLC which had acquired three (3) parcels of property located between South Oak and South Cedar Avenues south of Depot Street for the announced purpose of constructing a hotel and conference center. Due to refinements in the plans for the hotel and conference center, including plans for a parking structure, modifications to the original Planning Commission recommendation are necessary. The Planning Commission’s November 2016 recommendation was as follows: • Approval of the closure and abandonment and declaration as surplus property for sale to the adjoining property owners at a price approved by the City Council two alleys located off South Oak Avenue and Depot Street subject to the retention of a utility easement the COOKEVILLE PLANNING COMMISSION 9 OCTOBER 23, 2017 entire width of the rights-of-ways where the existing sewer line is located or to the acceptance of the line by the adjoining property owner, • Approval of declaration as surplus property a portion of the southern right-of-way of Depot Street adjacent to Parcel 8.00 on Map 52G, Group F beginning at a point 10 feet south of the existing edge of pavement subject to the retention of utility easements as may be appropriate, • Approval of the acquisition of a portion of the property owned by Auxin, LLC (said Parcel 8.00) where South Oak Avenue and Depot Street encroaches their property in exchange for a portion of the value of the rights-of-way to be acquired by Auxin, and • Approval of the acquisition of a portion of the property owned by Auxin, LLC (said Parcel 8.00 and Parcel 7.00 on Map53G, Group F) extending two (2) feet from the back or west of the existing sidewalk along South Cedar Avenue in exchange for a portion of the value of the rights-of-way to be acquired by Auxin. An Ordinance was prepared based on the Planning Commission’s recommendation and submitted to the City Council for consideration. Ordinance No. O16-12-25 was approved on first reading at the January 19, 2017 meeting of the City Council. Final consideration of the Ordinance was postponed by the Council until such time as the exact boundaries of the properties to be exchanged and the final purchase price was determined. Ordinance No. O16- 12-25 failed to pass when considered on final reading the October 19, 2017 meeting of the City Council. Auxin-Wilson, LLC/Cookeville Downtown Hotels, LLC recently submitted a proposal for property exchange substantially different from that approved by the Planning Commission in 2016 and from that described in O16-12-25. In the new proposal, the alley and street rights- of-ways to be acquired by Auxin-Wilson, LLC/Cookeville Downtown Hotels, LLC are similar, but less than what was previously approved, however, the property to be acquired by the city in exchange for the rights-of-ways has increased significantly. The amount of property that would be acquired by the City along South Cedar Avenue has increased and new property along an alley at the southern boundary of the site is proposed for acquisition by the City. In 2016 the Planning Commission approved the sale of approximately 17,366 square feet of rights-of-way and in partial exchange from Auxin-Wilson, LLC/Cookeville Downtown Hotels LLC the acquisition of approximately 4,491 square feet of property. Under the new proposal the City would be closing and declaring as surplus approximately 13,212 square feet of rights-of-way and would receive in exchange approximately 15,265 square feet of property. The lesser amount of square footage of right-of-way to be closed and abandoned comes from the reduction of right-of-way that would be obtained from Depot Street. Under the new proposal Auxin-Wilson, LLC/Cookeville Downtown Hotels LLC would acquire the alley and street rights-of-ways in exchange for portions of their properties which would be combined as expanded rights-of-way for Depot Street, South Cedar and South Oak Avenues, and an unnamed alley running between South Cedar and South Oak Avenues. Auxin-Wilson, LLC/Cookeville Downtown Hotels, LLC would no longer be required to purchase the closed and abandoned rights-of-ways. Section of 16-411 (1) of Title 16, Chapter 4 of the Cookeville Municipal Code provides that conveyance of other property acceptable to the City may be made in lieu of the required payment. COOKEVILLE PLANNING COMMISSION 10 OCTOBER 23, 2017 Staff recommended the following: • Re-approval of the closure and declaration as surplus undeveloped alleys located off Depot Street and South Oak Avenue as depicted on a survey prepared by Vick Surveying dated April 1, 2017 and approval of abandoning said rights-of-ways to the adjoining property owner in exchange for the conveyance of other property acceptable to the City Council subject to the retention of a utility easement the entire width of the right-of-way where the existing sewer line is located or to the acceptance of the line by the adjoining property owner, • Re-approval of declaration as surplus property a portion of the southern right-of-way of Depot Street adjacent to Parcel 8.00 on Tax Map 52G, Group F as depicted on a survey prepared by Vick Surveying dated April 1, 2017 and approval of abandoning said right-of- way to the adjoining property owner in exchange for the conveyance of other property acceptable to the City Council subject to the retention of utility easements as may be appropriate, and • Approval of conveyance of properties owned by Auxin-Wilson Project, LLC and Cookeville Downtown Hotels, LLC to the City of Cookeville as depicted on a survey prepared by Vick Surveying dated April 1, 2017 in lieu of the purchase of the alley and street rights-of-ways approved for closure and declaration as surplus property. Jim Cobb made the motion to approve the modifications to the prior recommendation for closure and declaration as surplus alleys located off South Oak Avenue and Depot Street and portions of the south right-of-way of Depot Street and approved acceptance of property as rights-of-ways for South Oak Avenue, South Cedar Avenue, Depot Street and an alley located between South Cedar and South Oak Avenues as recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED MODIFICATIONS. CONSIDER FOR ACTION ACCEPTANCE OF TENNESSEE AVENUE NORTH OF INTERSTATE 40 AS A STREET FOR CITY MAINTENANCE UPON COMPLETION OF CONSTRUCTION AND ESTABLISHING RESTRICTIONS FOR ACCESS. REQUEST SUBMITTED BY STAFF. James Mills stated that the construction of Tennessee Avenue, which serves as the northern connector from the new I-40 interchange to U.S. Highway 70N, is nearing completion. Formal acceptance of the street and officially establishing restrictions is necessary before the street is opened for public use. Tennessee Avenue (formerly Bennett Road Extension) is being constructed as part of the I-40 interchange project. The construction of the connector street was required by the Tennessee Department of Transportation (TDOT). It has been constructed to specific TDOT standards. The street is approximately 15,073 feet or 2.86 miles in length with 42 feet of pavement surface, consisting of two (2) 12 feet wide travel lanes with paved shoulders ten (10) feet in width. It is located in a right-of-way 160 feet in width. The large right-of-way width was obtained so that additional lanes may be added to the street if needed in the future. The procedures for the acceptance of a street by the City of Cookeville as a city street for maintenance responsibility are provided in Title 16, Chapter 3 of the Cookeville Municipal COOKEVILLE PLANNING COMMISSION 11 OCTOBER 23, 2017 Code. Section 16-302 provides that evaluation and acceptance of a street involves the Planning Department, the Public Works Department, the Planning Commission and the City Council. All required street construction plans and surveys have been submitted to and approved by the Public Works Department. Upon approval of the acceptance of a street by the Planning Commission the Planning Department is required to submit the recommendation for acceptance to the City Council. Section 16-307 specifies that the official acceptance of a street for city maintenance shall be by Ordinance action. In addition to the acceptance of the street as a city street the adoption of access restrictions for Tennessee Avenue is required. As a condition for the construction of Tennessee Avenue, TDOT required that access to the street be restricted. In addition to access from U.S. Highway 70, Buffalo Valley Road, and Mine Lick Creek Road, only four (4) other access points were approved, designed and constructed for the street. Access to Tennessee Avenue from any other point is not to be allowed unless approved by the City of Cookeville. Staff recommended approval of the acceptance of Tennessee Avenue north of Interstate 40 as a city street upon completion of construction and verification from the Public Works Department that it complies with all applicable construction standards and approval of restrictions prohibiting access to the street from any point not approved by the City of Cookeville. Jim Woodford made the motion to approve acceptance of Tennessee Avenue north of Interstate 40 as a city street upon completion of construction and verification from the Public Works Department that it complies with all applicable construction standards and approval of restrictions prohibiting access to the street from any point not approved by the City of Cookeville. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED ACCEPTANCE OF TENNESSEE AVENUE UPON COMPLETION AS A CITY STREET AFTER VERIFICATION FROM THE PUBLIC WORKS DEPARTMENT THAT IT COMPLIES WITH ALL APPLICABLE CONSTRUCTION STANDARDS, AND APPROVAL OF RESTRICTIONS PROHIBITING ACCESS TO THE STREET FROM ANY POINT NO APPROVED BY THE CITY OF COOKEVILLE. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF FOREST OAKS SUBDIVISION PHASE II, 9 LOTS LOCATED ON BRADFORD TRACE. REQUEST SUBMITTED BY TREVOR DYER OF DSA INVESTMENT GROUP. Ken Young stated that Mr. Trevor Dyer with DSA Investment Group has submitted a request for a six (6) month extension of the Forest Oaks Subdivision Phase II Preliminary Plat, a nine (9) lot single family detached development located at the end of Bradford Trace. The plat was granted conditional preliminary approval by the Planning Commission at the October 24, 2016 meeting. The Subdivision Regulations allow for a maximum of two (2) six (6) month extensions of preliminary plat approval. The subject property is identified on Tax Map 54 as Parcel 86.01 and contains approximately 3.746 acres. The property is zoned RS-10 single-family residential as are adjacent properties to the west. Properties adjacent to the south are zoned RS-15 single family residential. The remaining adjacent parcels are all zoned RM-8 multi-family residential. Phase II proposes the COOKEVILLE PLANNING COMMISSION 12 OCTOBER 23, 2017 extension of Bradford Trace for approximately 300 feet in length ending in a new 100 feet diameter cul-de-sac. This extension will align with the existing 50 feet street right-of-way and match the existing curb. A new four (4) foot wide sidewalk is proposed for construction along one side of the new extension. When completed, the entire length of the street will be approximately 866 feet and serve a total of 16 lots which complies with the Subdivision Regulations restriction of a street length not exceeding 1,200 feet and serving no more than 20 lots for developments with only one way in or out. A new four (4) inch water line is proposed as well as an extension of the existing eight (8) inch gravity sewer main. There is an existing hydrant located in the right-of-way of Bradford Trace that is within the required proximity to the lots proposed in Phase II. The Water Quality Control Department reports that this hydrant currently has a flow rate exceeding 500 gallons per minute. (Former Fire Chief Roger Fuqua stipulated that if this flow rate minimum is correct he would not require the installation of an additional hydrant at the end of the new cul-de-sac). There are no topographic constraints such as sinkholes, wetlands, streams or flood hazard areas indicated by available GIS data on this site. No changes from the preliminary plat previously submitted are proposed. Staff recommended approval of a six (6) month extension of the Preliminary Plat subject to the original terms and conditions specified at the October 24, 2016 meeting. Jim Woodford made the motion to approve the six (6) month extension of the Preliminary Plat subject to the original terms and conditions specified at the October 24, 2016 meeting. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT, SUBJECT TO THE ORIGINAL TERMS AND CONDITIONS SPECIFIED AT THE OCTOBER 24, 2016 MEETING. CONSIDER FOR ACTION FINAL PLAT OF BROADWAY APARTMENTS PHASE II, 3 LOTS LOCATED OFF WEST BROAD STREET. REQUEST SUBMITTED BY SCOTT WILLIAMS & ASSOCIATES. Ken Young stated that the developer Broad Way 2014 Apartments LP has submitted for approval a Final Plat of Broadway Apartments Phase II, a four (4) lot subdivision of property owned by Broad Street Properties primarily fronting West Broad Street with rear access to Petite Drive through Lots 8 and 9 in the Petite Subdivision owned by Nancy Flanigan. The preliminary plat received conditional approval by the Planning Commission on October 26, 2015 as the Re-division of Lot 2 of the Burgess, Burnett and Elkins Final Plat. The plat name was changed administratively to Broadway Apartments Phase II in May 2016. A six (6) month extension of the preliminary plat was granted by the Planning Commission on October 24, 2016. A second six (6) month extension was granted on May 22, 2017, which expires on November 22, 2017. Only two (2) six month extensions are allowed by the Subdivision Regulations. The subject property is identified on Tax Map 39 as Parcels 13.00 and 157.02 and contains approximately 30.9965 total acres. Lot 1 contains approximately 10.64 acres and Lot 3 contains approximately 3.19 acres and both are zoned CL, local commercial. Lot 2 contains approximately 13.16 acres which is zoned RS-20, single-family residential. The remainder of the property adjacent to Petite Drive is zoned RS-15 which is also single-family residential. Adjacent properties to the east of the subject property are zoned CL and RS-15. Adjacent properties to the west are zoned CL and RS-20. Properties to the north are zoned RS-15. COOKEVILLE PLANNING COMMISSION 13 OCTOBER 23, 2017 Lot 1 contains the newly constructed 88 unit Broadway Apartments which necessitated two points of ingress and egress. Due to sight distance limitations, it was determined by TDOT that it was not feasible to provide a second connection point on West Broad Street. Subsequently, the developer purchased a portion of Parcel 13.00 (340 Petite Drive) and Parcel 13.01 from Nancy Flanigan to use as a second access to the property. The plat depicts a newly constructed public street named Broadway Avenue that connects West Broad Street to Petite Drive. The plat proposes the combination of a portion of Parcel 13.00 (Lot 9 Petite Subdivision) shown as #9R to remain as a portion of Parcel 13.00. The remainder of Parcel 13.01 shown as #8 (Lot 8 Petite Subdivision) on the plat is to be combined with Lot 2R. TDOT approved the design of a deceleration lane along the westbound approach to the property along West Broad Street in conjunction with the issuance of the driveway permit. The developer is required to complete the final surfacing of the new street subject to approval by Public Works before the plat can be finalized for recording. A new sidewalk five (5) feet in width has been constructed along the length of one side of the new street adjacent to the Broadway Apartments site. None of the property is located in a FEMA demarcated Special Flood Hazard Area. However, there are two (2) ponds on the property and a blue line stream (tributary of Little Creek) runs northwest to southeast on Lot 3 and Lot 1 that required a 30’ riparian buffer on both sides of the stream as shown on the plat. In addition, there is an area on Lot 1 that was delineated as a wetland by Geoservices, LLC and verified by the Tennessee Department of Environment and Conservation (TDEC). This area is protected by a variable width permanent no disturbance buffer. New water and sewer lines have been installed as well as three (3) new fire hydrants to provide adequate coverage for fire protection. The developer is required to submit “as- built” plans for the water and sewer components and street lighting must be installed as a condition of final plat approval. Finally, the developer must submit a two (2) year letter of credit in the amount of $10,000 as a Warranty of Improvements. Staff recommended conditional final plat approval subject to the following: • Developer to complete final street surfacing subject to approval by Public Works, • Developer must submit “as-built” plans to the Water Quality Control Department, • Developer must provide utility easements as required, • Developer must complete installation of the street lighting subject to the approval of the Electric Department, • Developer must pay Public Works for all required street signage, • Developer to provide verification that the deceleration lane on West Broad has been inspected and approved by TDOT, • Developer must submit a two (2) year letter of credit in the amount of $10,000 as a Warranty of Improvements, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. COOKEVILLE PLANNING COMMISSION 14 OCTOBER 23, 2017 David Webb made the motion to grant conditional final plat approval of Broadway Apartments Phase II, 3 lots located off West Broad Street, subject to staff’s recommendation. Jim Woodford seconded the motion and the motion carried unanimously. GRANTED CONDITIONAL FINAL PLAT APPROVAL. Leslie Sullins Draper made the motion to take the following items for study. Kay Starkweather seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 835 SOUTH MAPLE AVENUE FROM CR (REGIONAL COMMERCIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY AARON BERNHARDT ON BEHALF OF PAUL GAW AND JARED SMITH. (2) CONSIDER FOR STUDY CHANGING THE NAME OF A PORTION OF MINE LICK CREEK ROAD TO GINGER MEDLEY LANE. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY REZONING PROPERTY LOCATED ON WEST 9TH STREET AND NORTH FRANKLIN AVENUE (TAX MAP NUMBER 40I-D-1.00 & 2.00) FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO RM14 (MULTI- FAMILY RESIDENTIAL). REQUEST SUBMITTED BY WAYNE CRAVENS ON BEHALF OF TITAN DEVELOPMENT, LLC. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • COMBINATION PLAT OF N WILLOW WEST 12TH – 2 LOTS LOCATED AT 303, 305 & 319 WEST 12TH STREET – ROBIN MEADOWS AND JUSTIN CUMBY OF TITAN DEVELOPMENT LLC. • COMBINATION PLAT OF LOTS 8 & 9 OF MOUNT VERNON ESTATES – 1 LOT LOCATED AT 700 WEST 12TH STREET – KEVIN RUSH. • SONGBIRD LANE DIVISION LOTS 3 & 4 LOT LINE ADJUSTMENT – 2 LOTS LOCATED AT 355 & 375 STATE STREET – DON BARTLETT. • FARRIS HILLS AT FALLING WATER, COMBINATION OF LOT 20 IN PHASE I AND TRACT 21 IN PHASE II – 1 LOT LOCATED AT 2301 BOYD FARRIS ROAD – JOSEPH & CATHERINE WALLACE. (2) TRAINING ON NOVEMBER 3, 2017 FROM 8:30 TO 12:30 AT THE COOKEVILLE GAS DEPARTMENT. (3) PILOT RECYCLING PROGRAM. James Mills stated that the site for the pilot recycling program will be selected this week and to be implemented by December to take advantage of additional recycling materials during the Christmas holiday season. COOKEVILLE PLANNING COMMISSION 15 OCTOBER 23, 2017 (4) PRESENTATION OF CORRIDOR ANALYSIS/MAJOR STREET PLAN BY WSP ENGINEERING ON OCTOBER 30, 2017. James Mills announced that WSP Engineering will be making a presentation on the Corridor Analysis/Major Street Plan on Monday, October 30, 2017 from 5:00 to 7:00 p.m. in the City Council Chambers at City Hall and invited the Planning Commission members to attend. ADJOURNMENT: 7:15 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION