Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 22, 2018 The Cookeville Planning Commission met on Monday, October 22, 2018 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, Kay Starkweather, Leslie Sullins Draper, Tracy Cody, Jim Cobb, and Eric Walker. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, Jon Ward, Mike Davidson and Officer Giezentanner. OTHERS PRESENT: Ashley Luna, Gerald McDermott, Clark Carlton, Ben Wheeler, Walter McReynolds, Jeff Leach, Jason Clopton, Nicola & Brian Leckie, Beth Troyer, Justin Cumby, Tyler Atkinson, Luann Throgmorton, Lisa Rinehart, Brenda Huffine, Nancy Williams, Theresa Crosslin, Nancy Mielke, Faith Garner, Martin Foutch, Ken Campbell, Justin Hill, Grant Berry, Becky McMillan Davidson, and Kenneth Walker. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Kay Starkweather made the motion to approve the agenda as submitted. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 24, 2018. Kay Starkweather made the motion to approve the minutes of September 24, 2018. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO THE FUTURE LAND USE CONCEPT PLAN OF THE COOKEVILLE 2030 PLAN TO DEPICT AN AREA LOCATED ALONG EAST 10TH STREET FROM HIGHWAY 111 WEST TO NORTH OLD KENTUCKY ROAD AS BEING APPROPRIATE FOR COMMERCIAL DEVELOPMENT. REQUEST SUBMITTED BY JUSTIN CUMBY OF TITAN DEVELOPMENT, LLC. James Mills stated that Mr. Justin Cumby, of Titan Development, LLC, has submitted a request that the Future Land Use Concept Plan Element of the Cookeville 2030 Plan be amended. Specifically Mr. Cumby is requesting that the Concept Plan be amended to expand an area identified as appropriate for regional commercial development at the intersection of East 10th Street and State Highway 111 to the west to include certain property located along East 10th Street to North Old Kentucky Road. The Cookeville 2030 Plan was adopted by the Cookeville Planning Commission on October 25, 2010 and adopted by the Cookeville City Council through Ordinance No. O10-11-14 on December 16, 2010. An amendment to the 2030 Plan was adopted by the Planning Commission on May 21, 2012 and adopted by the City Council through Ordinance No. O12-06-08 on August 2, 2012. The procedure for the adoption of and/or amendment to a municipal plan is specified in Tennessee Code Section 13-4-202. The Planning Commission must review and make a recommendation to the City Council regarding any amendment to the plan. The City Council must hold a Public Hearing, for COOKEVILLE PLANNING COMMISSION 2 OCTOBER 22, 2018 which at least 30 days of notice must be given, before considering an Ordinance to amend the plan. The Future Land Use Concept Plan is a component of the Development Plan Element of the 2030 Plan and is intended as a guide for land use decisions. In particular, zoning/rezoning decisions should be made in harmony with the Concept Plan. Rezoning proposals that significantly deviate from the Concept Plan generally should not be approved. The Planning Department has received a proposal to rezone from residential to commercial property located off East 10th Street and North Old Kentucky Road. The 2030 Plan depicts the area as being best suited for low density residential. The requested rezoning does not comply with the Future Land Use Concept Plan. Mr. Cumby is requesting that the City consider amending the 2030 Plan so that his proposed rezoning will be in compliance. The Future Land Use Concept Plan currently depicts an area around the intersection of State Highway 111 and East 10th Street as being appropriate for regional commercial development. This area is contiguous with the property for which commercial development is being sought. The proposed amendment would extend the area depicted as being best suited for regional commercial use westward from State Highway 111 along the southern side of East 10th Street to North Old Kentucky Road and north of the Bilbrey Park Subdivision. The Planning Department has received a number of inquiries and proposals for commercial development of the subject property since the adoption of the 2030 Plan in 2010. The property has a number of the characteristics appropriate for regional commercial development including frontage on streets of major collector or higher classification and access to adequate utilities. Generally, residential development is better suited on properties with frontage on minor collector or local street classifications. While the Planning Department concurs that the subject property may be appropriate for commercial development there is some concern about an amendment to the 2030 Plan that would potentially allow for multiple types of commercial zoning including CG, “General Commercial”, CR, “Regional Commercial”, and PCD, “Planned Commercial Development”. Due to the close proximity of single family residential areas, special protections would be necessary to minimize the impact from the commercial development of the property. The PCD district is the only current commercial zoning district providing a mechanism to establish enhanced protections for the nearby residential neighborhoods as a condition for rezoning. Staff recommended approval of amending the Development Plan element of the Cookeville 2030 Plan as follows: • Inserting as a new Future Land Use Classification the following classification: Commercial-Planned – Commercial and private service uses of a regional-scale for which a site plan is approved as a condition for zoning COOKEVILLE PLANNING COMMISSION 3 OCTOBER 22, 2018 • Depicting on the Future Land Use Concept Plan map an area located south of East 10th Street between State Highway 111 and North Old Kentucky Road and north of the Bilbrey Park Subdivision as being appropriate for Commercial-Planned development Jim Stafne opened the Public Hearing. Walter McReynolds, property owner in Laurel Park Subdivision, questioned why change the plan to commercial when you have residential on 3 sides of the property. Mr. McReynolds added that there would be more traffic and noise associated with any commercial development. James Mills replied that the Planning Department received a request and staff is reviewing the request to find the best way to protect the surrounding neighborhoods. Mr. Mills added that it could be argued that the best way to protect the area is to stay single family residential, but the City has to look to the future when making these decisions. Mr. McReynolds responded that just because someone wants to make money is not a compelling reason to change the 2030 Plan. Clark Carlton, property owner at 1519 Barnes Drive, stated that they did not want 10th Street to look like South Jefferson Avenue and be congested with traffic. Jeff Leach, property owner on Fireside Drive, stated according to an October 2017 transportation study, it shows that 10th Street is a level F (Failure) and that is the worst that you can get. James Mills replied that transportation improvements need to be made now and if the property is rezoned to commercial at some time in the future, it will be conditional on improvements to 10th Street which will require a traffic study. Faith Garner, property owner in Bilbrey Park, stated that traffic on Old Kentucky Road is bumper to bumper due to Northeast Elementary. Gerald McDermott stated that he lives at 915 Fireside Drive, and that he was concerned with water erosion to him and his neighbor from future development in this area. Ken Campbell, property owner at 1645 Randy Drive, stated that the storm drains on Old Kentucky Road overflow and has caused erosion problems to his house. Mr. Campbell added that he would like the plan to stay residential because commercial development would have more black top surfaces. Beth Troyer, property owner at 1596 Bennie Drive, stated that we don’t need commercial shops on every corner and she wants the area to remain residential for the future. Nancy Mielke, property owner at 1610 Bilbrey Park Drive, stated that she was concerned about the water drainage and traffic in the area. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 22, 2018 Jim Stafne closed the Public Hearing. Leslie Sullins Draper stated that a PCD plan can control what the developer can or cannot do with their plan. James Mills added that a PCD plan can control the type screening & buffering that will be required, and restrict lighting and signage. Mr. Mills added that the plan is detailed and cannot be changed until the Planning Commission approves it. The PCD plan is a contract between the developer and the City. Jim Cobb asked what kind of development is considered for PCD. James Mills replied that it designed for mainly commercial, but could have a small percentage of residential but it has to be shown on the plan. Jim Stafne stated that when he drives by the property in question, he envisions it as commercial and not residential. Tracy Cody stated that he lives in Darwin Park and that he disagrees with Mr. Stafne. Mr. Cody added that as a neighbor, he sees the property being developed as single family residential. When the City adopted the 2030 plan this area was planned as residential for a reason and it needs to stay residential. Leslie Sullins Draper made the motion to approve the amendment to the Future Land Use Concept Plan of the Cookeville 2030 Plan to depict an area located along East 10th Street from Highway 111 west to North Old Kentucky Road as being appropriate for commercial development. Eric Walker seconded the motion. Votes: Jim Stafne aye, Judy Jennings - aye, Chris Wakefield - aye, David Webb - aye, Kay Starkweather - aye, Leslie Sullins Draper - aye, Tracy Cody -nay, and Jim Cobb - aye and Eric Walker - aye. Motion carried. APPROVED AMENDMENT TO THE FUTURE LAND USE CONCEPT PLAN OF THE COOKEVILLE 2030 PLAN. CONSIDER FOR ACTION REZONING A PORTION OF 1545 EAST 10TH STREET FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT). REQUEST SUBMITTED BY JUSTIN CUMBY OF TITAN DEVELOPMENT, LLC ON BEHALF OF MARY P. QUALLS. THE DEVELOPER HAS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE NOVEMBER 26, 2018 MEETING. James Mills stated that the petitioner has not submitted all the materials required to consider the subject property for PCD zoning, including the required traffic study, and has requested that consideration of the rezoning request be postponed until the November 26, 2018 meeting of the Planning Commission. Staff recommended postponement of consideration of rezoning. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 22, 2018 Kay Starkweather made the motion to postpone the request for rezoning a portion of 1545 East 10th Street from RS10 (Single Family Residential) to PCD (Planned Commercial Development) until the November 26, 2018 meeting. Chris Wakefield seconded the motion and the motion carried unanimously. POSTPONED UNTIL NOVEMBER 26, 2018. CONSIDER FOR ACTION FINAL PLAT OF EAGLE POINT, 8 LOTS LOCATED OFF INTERSTATE DRIVE AND SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY SHOPPES AT EAGLE POINT LLC. Ken Young stated that the developer of Shoppes at Eagle Point, LLC has submitted for approval a Final Plat of Eagle Point, an eight (8) lot commercial development of their property located on South Walnut Avenue and Interstate Drive. The preliminary plat was initially approved by the Planning Commission on May 22, 2017. A revised preliminary plat was approved on May 21, 2018 which excluded Lot 6 which was subsequently platted separately. Development of the site is in the final stages of construction. The subject property is identified on Tax Map 066 as Parcels 59.00 and 59.03. Parcel 59.00 fronts S. Walnut Avenue and is zoned CR, “Regional Commercial” and Parcel 59.03 fronts Interstate Drive and is zoned CG, “General Commercial”. When combined the parcels total approximately 41.27 acres. Although Lots 1 and 5 front South Walnut Avenue and Lots 7 and 9 front Interstate Drive, all of the lots will have access via private interior variable width non-exclusive cross access easements that will be included in the property owner’s association agreement. In addition, a 30 foot wide access easement has been added to Lot 9 to serve the adjacent property that has been proposed as the location of a new restaurant. Public Works requires that the developer execute their “Inspection and Maintenance Agreement” for the private storm water management facilities as a condition of final approval. The Water Quality Control Department requires easements along Interstate Drive and South Walnut for the water and sewer that will be public. The department also stipulated that engineered “as-built” drawings must be submitted for all water and sewer facilities that are to be maintained by the city and adjacent to city streets. All other water and sewer infrastructure on the site will be privately owned and maintained. The Electric Department requires a 15 foot utility easement along the path of all underground primary lines and all transformer locations. All of the property including the driveways, parking areas and other common areas and infrastructure components are private. Repair and maintenance of the common elements will be covered under a property owner association agreement that is to be submitted in a timely manner after the final plat is recorded. Due to the private nature of the infrastructure within the development, no Warranty of Improvements is required. Staff recommended conditional approval of the Final Plat subject to the following: • Developer must submit engineered “as-built” drawings as requested by the Water Quality Control Department, • Developer shall submit an executed “Inspection and Maintenance Agreement” for the private storm water facilities as required by Public Works, COOKEVILLE PLANNING COMMISSION 6 OCTOBER 22, 2018 • Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments, • Developer shall submit the recorded property owner association agreement as soon as possible after the final plat is recorded, and • Completion of corrections or additions to the plat as determined by the Planning Department and/or other appropriate city departments. Chris Wakefield made the motion to grant conditional Final Plat approval, subject to staff’s recommendation. Leslie Sullins Draper seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF HUDGENS COURT, 5 LOTS LOCATED AT 428 EAST HUDGENS STREET. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Mr. Aaron Bernhardt has submitted a request for a second six (6) month extension of the Preliminary Plat approval of Hudgens Court, a five (5) lot single family attached development of his property located on East Hudgens Street. The Subdivision Regulations provide that up to two (2) six month extensions of preliminary plat approval may be requested by the developer. The initial preliminary plat for this development was conditionally approved by the Planning Commission on April 24, 2017. A first six (6) month extension request was granted on April 23, 2018. The subject property is identified on Tax Map 53F, Group H, as Parcel 16.00. The property is zoned CN, “Neighborhood Commercial” and consists of approximately 0.46 acres as is the adjacent property to the southeast. Adjacent properties to the northeast and north are zoned CL, “Local Commercial”. The adjacent property to the east is zoned RS-5, “Single- Family Residential”. The proposed development consists of four (4) building lots and Lot 5 will encompass the remaining common areas. All of these lots will front a new private interior parking and ingress/egress easement proposed as Hudgens Court that terminates in a dead end. All of the property including the driveway, parking areas and other common areas and infrastructure components are private. Repair and maintenance of the common elements will be covered under a homeowner’s association agreement that is to be submitted in a timely manner after the final plat is recorded. There are no changes to the plat as previously approved in April 2017. Staff recommended approval of the request for the second six (6) month extension as requested, subject to the original terms and conditions specified at the April 24, 2017 meeting. Kay Starkweather made the motion to grant conditional six (6) month extension as requested, subject to the original terms and conditions specified at the April 24, 2017 meeting. Leslie Sullins Draper seconded the motion and the motion carried unanimously. CONDITIONAL SIX (6)MONTH EXTENSION. COOKEVILLE PLANNING COMMISSION 7 OCTOBER 22, 2018 CONSIDER FOR ACTION LETTER OF CREDIT FOR SIDEWALKS FOR ONE (1) YEAR FOR THE GLEN ABBEY SUBDIVISION. REQUEST SUBMITTED BY DONNIE SUITS. Ken Young stated that Mr. Donnie Suits has submitted a request for a one (1) year extension for the Letter of Credit being held for the completion of the sidewalks in Glen Abbey Subdivision. The sidewalks were initially financially guaranteed in November 2014 and extended in 2015 and 2017 for $11,000. Public Works Director, Greg Brown, has agreed to reduce the amount of the guarantee to $8,900. Staff recommended conditional approval of the request for a one (1) year extension of the financial guarantee in the amount of $8,900 for sidewalk completion provided it is submitted to Planning Staff no later than Noon on Wednesday, October 31, 2018. Jim Cobb made the motion to grant conditional approval for a one (1) year extension of the financial guarantee in the amount of $8,900 for sidewalk completion provided it is submitted to Planning Staff no later than Noon on Wednesday, October 31, 2018. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL FOR ONE (1) YEAR FOR LETTER OF CREDIT FOR SIDEWALKS. Kay Starkweather made the motion to take the following items for study. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 111 CHESTNUT AVENUE FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY MITCH COPELAND ON BEHALF OF RS3 PROPERTIES. (2) CONSIDER FOR STUDY ABANDONING AND DECLARING AS SURPLUS PROPERTY AVAILABLE FOR ACQUISITION BY THE ADJOINING PROPERTY OWNER A PORTION OF THE WESTERN RIGHT-OF-WAY OF POLLY DRIVE. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • CP PROPERTIES COMBINATION PLAT – 1 LOT LOCATED AT 75 EAST VETERANS DRIVE – ERIC CHERRY OF CP PROPERTIES. • REDIVISION OF LOTS 75 & 76 REBECCA PLACE PHASE IV – 2 LOTS LOCATED AT 3951 & 3961 BUNKER HILL ROAD – BUCKIE & MARY ELLEN PARSONS AND BRADY T. AND LISA BUSH. • VICKERS LANE COMBINATION PLAT – 1 LOT LOCATED AT 589 VICKERS LANE - JUSTIN CUMBY OF TITAN DEVELOPMENT LLC. • T. J. MCCULLEY ESTATE DIVISION – 2 LOTS LOCATED AT 1152 NORTH FRANKLIN AVENUE AND 625 WEST 9TH STREET – BARBARA JOINER EXECUTOR COOKEVILLE PLANNING COMMISSION 8 OCTOBER 22, 2018 • SOUTH WALNUT PLACE COMBINATION PLAT – 1 LOT LOCATED AT 960 SOUTH WALNUT AVENUE – MAHANT KRUPA, LLC. • REDIVISION OF LOT 1 CLAYTON BANK & TRUST – 1 LOT LOCATED AT 1051 NEAL STREET – CLAYTON BANK & TRUST. ADJOURNMENT: 6:25 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION