Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 26, 2018 The Cookeville Planning Commission met on Monday, November 26, 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, Officer Godsey, and Officer McDonald. OTHERS PRESENT: Gail Buckner, C. W. “Buck” Buckner, Caroline Harris, John W. Harris, Bob Miller, Blanche Smithers, Tim Bolby, Rebecca Atkinson, Ben Wheeler, Nancy Mielke, Lonnie Donaldson, Jackie Donaldson, Justin Cumby, Tyler Atkinson, Wayne Cravens, Martin Foutch, Jerry D. Cantrell, Amanda Carlen, Carrie Phipps, Ken Hunter, Jessica Oswalt, Chad Gilbert, Mitch Copeland, David Powell, C.T. Womack, Charles Whittenburg, Kay Detwiler, Wanda Peterson, Deb & Sid Coe, Aaron Bernhardt, Bubba Winningham, Joe Nichols, Larry Williams, Nicola Leckie, Mills Rogers, Justin Hill, LuAnn Throgmorton, Liza Rinehart, Richard Grogan, Beth Troyer, Matt Curtis, Mary Beth Nead, Terry Burckhard, Jack Gill, Sydney Lunn, Jordon M. Iwanyszyn, Jack Lynn, Jed Delk, Stan McReynolds, Ronald Brown and Chris Thomas. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Tracy Cody made the motion to approve the agenda as submitted. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 22, 2018. Kay Starkweather made the motion to approve the minutes of October 22, 2018. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING A PORTION OF 1545 EAST 10TH STREET FROM RS-10 (SINGLE FAMILY RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT). REQUEST SUBMITTED BY JUSTIN CUMBY OF TITAN DEVELOPMENT, LLC ON BEHALF OF MARY P. QUALLS. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that Mr. Justin Cumby, of Titan Development and the designated agent for the property owner Mary P. Qualls, has submitted a request to rezone from RS-10, Single Family Residential to PCD, Planned Commercial Development a portion of property identified as Parcel 55.00 on Tax Map 41 and located at 1545 East 10th Street. The Planning Commission approved postponing consideration of the rezoning request at its October 2018 to allow time for a required traffic study to be completed. The subject property consists of approximately 33 acres. The portion proposed for rezoning consists of the western section of the parcel comprising approximately 14 acres. It is contiguous with properties zoned as RS-10 to the south, east and west and as RS-15 to the north. The property is located at the southeast intersection of East 10th Street and North COOKEVILLE PLANNING COMMISSION 2 NOVEMBER 26, 2018 Old Kentucky Road. Located to the south is the Bilbrey Park Subdivision, to the north is Darwin Park Subdivision, to the east is State Highway 111, and to the west is Calvary Baptist Church. The Future Land Use Concept Plan of the Cookeville 2030 Plan depicts the property as being best suited for low density residential development. The Planning Commission, at the October 2018 meeting, approved an amendment to the Concept Plan to depict the subject property as being appropriate for Commercial-Planned development. The City Council will consider an Ordinance to adopt this amendment at its January 3, 2019 meeting. In the opinion of the Planning Department the 2030 Plan must be amended to approve the proposed rezoning. The PCD District is designed to encourage flexibility and innovation in commercial developments. It is intended that projects within a PCD District provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demand on public facilities. The procedure for PCD zoning is very similar to that required for PRD, Planned Residential Development zoning. Special procedures and provisions must be followed that are unique from most other zoning districts. To establish a district a site must contain a minimum of two (2) acres. Significant perimeter setback and screening requirements are mandatory while interior yard setbacks can be greatly reduced. The process for the approval of PCD zoning involves several steps. First the developer is required to meet with the Planning Director to determine whether PCD zoning is appropriate for the proposed property. If it is determined that the property is appropriate for PCD zoning, then the developer must submit a Preliminary PCD Plan which must include a Schematic Map Plan and a Written Statement. For developments in excess of 50,000 square feet of floor space a traffic study, meeting the requirements of Section 233.6 of the Zoning Code, must be prepared and submitted. The Planning Commission, after reviewing the request and required submittals, must submit a recommendation to the City Council for approval, modification, or denial of the request. Upon receipt of the Planning Commission recommendation the City Council then considers enactment of the district. Once the rezoning is enacted, a Final PCD Plan and a Preliminary Subdivision Plat, if necessary, must be submitted to and approved by the Planning Commission. The Final PCD Plan must be submitted and approved within 18 months after the effective date of the enactment of the PCD district by the City Council or the rezoning action shall be repealed. Approval of the Final PCD Plan and Preliminary Plat is required before construction can begin. The Final PCD Plan must substantially conform to the Preliminary PCD Plan. It must contain detailed information on the proposed development including circulation diagrams for vehicles and pedestrians, areas to be preserved as open space, landscaping plan, each building site including height and bulk of all buildings, elevations and floor plans of all structures to be built, all utilities including storm water facilities, and final drafts of all covenants. Additionally, a development schedule must be submitted indicating when each phase of the development is to begin and be completed. COOKEVILLE PLANNING COMMISSION 3 NOVEMBER 26, 2018 The required traffic impact analysis for a mixed-use commercial development of the subject property has now been completed by J. M. Teague, Engineering and Planning. The report has been reviewed by the Public Works and Planning Departments. The overall finding of the report was that the additional traffic associated with the proposed development would have minor impacts on the surrounding roadway network. A new traffic light is indicated on East 10th Street at the intersection with Doris Drive at the eastern entrance to the proposed development and access to East 10th Street from the second development access point is to be restricted to right in/right out traffic only. The report indicates that any intersection delays resulting from increased traffic can be addressed through interconnection and optimization of the signal system. It also suggests that the access point on Old Kentucky Road be moved further south to accommodate southbound left turn movements. Since the completion and review of the traffic impact analysis the Planning Department, and representatives of various other departments, have met with the developers on several occasions to revise the Preliminary PCD Plan to best address traffic concerns and to provide the least impact on the adjacent residential areas. Although the traffic analysis did not indicate improvements to East 10th Street are required as a result of the proposed development, the Planning and Public Works Departments are of the opinion that improvements should be completed as a part of the development. The developers have been directed to include the addition of a second east bound lane on East 10th Street from North Old Kentucky Road to State Highway 111 and to provide dedicated right turn lanes as access from East 10th Street to the development. A number of different site layouts have been considered. The submitted Preliminary PCD Plan depicts the subdivision of the property into four (4) tracts, ranging in size from 1.20 acres to 6.47 acres. It also depicts a 1.20 acre area to be reserved as a drainage easement for stormwater. Approximately 0.3 of an acre of property would be dedicated as additional right-of-way for improvements to East 10th Street. This consists of approximately 25 feet south of the existing right-of-way for a distance of approximately 445 feet and tapering down for an additional approximately 130 feet for a total distance of approximately 575 feet. The construction of a 52,106 square foot supermarket with an accompanying fueling station is indicated on the largest tract. Six (6) other smaller commercial structures, comprising approximately 37,625 square feet of retail space and approximately 18,050 square feet of office spare are proposed on the other three (3) tracts. The smaller structures located closest to Bilbrey Park Subdivision are to be limited to office use. The specific use of the smaller commercial structures has not been determined but they would be limited to the broad land use classifications of retail and office. The total depicted proposed building square footage is approximately 107,781 square feet. Access to the proposed development is indicated at two (2) points on East 10th Street and at two (2) points on North Old Kentucky Road. The proposed eastern access point on East 10th Street is proposed to line up with Doris Drive and be signalized. The western access point on East 10th Street is to be restricted to right in/right out traffic. The southern access point on North Old Kentucky Road will be designed as a truck entrance for deliveries to COOKEVILLE PLANNING COMMISSION 4 NOVEMBER 26, 2018 the proposed grocery. A berm along a portion of the southern boundary adjacent to Bilbrey Park will be required to reduce the sound resulting from deliveries. A fire lane to the south of the proposed grocery is required and is depicted. Sidewalks are to be provided, where not already present, along all public street frontages. A combined total of 589 off-street parking spaces are indicated on the preliminary plan. For the 18,050 square feet of office space a total of 72 spaces are required (1 space per 250 square feet). The 37,625 square feet of retail area requires 188 parking spaces (1 space per 200 square feet). Assuming one-fourth of the supermarket will be used as a storage area, a total of 221 parking spaces will be needed (1 space per 500 square feet of storage space and 1 space per 200 square feet of retail space). The indicated parking would exceed the required parking by approximately 108 spaces (589-481). The required perimeter building setback of 75 feet is depicted on the preliminary plan. Section 224.8 of the Zoning Code provides that the setback may be reduced to 50 feet if a Type 2 Screen/Buffer Yard is provided (opaque screening to a height of three (3) feet and intermittent screening to a height of ten (10) feet in a landscape area at least 20 feet in width). A Type 3 Screen/Buffer Yard is required where the development abuts single family residential properties (opaque screening to a height of eight (8) feet in a landscape area at least 30 feet in width). The plan depicts a buffer yard area of 50 feet in width with a screen consisting of three (3) staggered rows of evergreen trees along the southern boundary of the site adjacent to the Bilbrey Park Subdivision. This proposed screen and buffer yard exceeds the requirements of the Zoning Code. The plan indicates that much of the site would be raised significantly to closely match the elevation of East 10th Street. In the southeast corner of the property the site would be elevated by approximately 18 feet above the lots in the adjacent Bilbrey Park. A slope of 2:1 is indicated for a portion of the 50 foot wide landscaped buffer yard. A swale for drainage is to be constructed at the bottom of the slope along the rear property lines of Bilbrey Park parcels. Detailed plans for landscaping, lighting and signage will be required with the submittal of the Final PCD Plan if the rezoning is approved. The developers have been informed that significant landscaping along the street frontages will be required and must be depicted on the Final PCD Plan. All on-site lighting must be Dark Skies compatible and no light shall be directed onto adjacent properties. Sign height is to be restricted and materials approved on the Final PCD Plan. Also required as a part of the Final PCD Plan are the specific details for the facades of the structures. Exterior building materials must be specified and approved for all the structures as a condition for approval of the Final PCD Plan. As the declared use for several of the smaller structures has not been indicated, the determination of specific prohibited uses should be considered as a part of Final PCD Plan approval. Additionally, it will be noted that deviations from the Final PCD Plan will require the submittal of an amended plan with substantial deviations required to be submitted to the Planning Commission. Staff recommended conditional approval of the proposed rezoning to PCD subject to the City Council’s approval of an amendment to the Future Land Use Concept Plan to depict COOKEVILLE PLANNING COMMISSION 5 NOVEMBER 26, 2018 the subject property as being appropriate for Commercial-Planned development and conditional approval of the Preliminary PCD Plan subject to corrections or additions as determined necessary by the Planning or other applicable department. Wayne Cravens, investor for the request, stated that he wanted to help Cookeville grow responsibly and not to be detrimental to the surrounding neighborhoods. Mr. Cravens added the development will be all brick on all sides, a small berm and hedges along East 10 Street to help block out the view, and a 6’ berm which will be located 90’ from the rear boundary line. Kay Detwiler, property owner at 1570 Country Club Place, that that she was a planner for many years and was concerned about the street improvements and lighting being completed before a Subdivision Plat is approved. Ms. Detwiler was also concerned about the additional traffic and would like to see more vegetation to block the fuel station. Jerry Cantrell, property owner at 1373 E. 10th Street, was concerned about accidents that happen every week on 10th Street, the additional traffic that the development will generate and by allowing this development will open up more vacant land on 10th Street to be rezoned. Carolyn Harris, property owner at 1615 Bilbrey Park Drive, was concerned about increased traffic on Old Kentucky Road, which would be worse for residents and those going to and from Northeast Elementary. Ms. Harris added that the City does not need another grocery store when residents can go down the street and shop at Food Lion. Amanda Carlen, property owner at 1490 E. 10th Street, stated that traffic is bad between 2:00 & 3:30 and it is hard to get out of her driveway, and that it is not necessary to have another grocery store when they are close to IGA, Food Lion and Krogers. Sidney Lunn, property owner at 1230 Country Club Court, stated that she was a runner and was concerned about the safety aspect of runners with the additional traffic that will be generated and she was opposed to adding more commercial to the neighborhood that the residents do not want. Ms. Lunn added that there is a need for more residential houses and not commercial businesses. Gail Buckner, property owner at 1520 Bilbrey Park Drive, asked if the Planning Commission members would like to have this development next to their neighborhood especially when it is close enough to see it and hear it. Chris Thomas, property owner at 1440 Inglewood, stated that he was not against growth but the residents in the area do not want this development in their neighborhood and the Board need to consider what the residents want. Wanda Peterson, property owner at 715 Old Kentucky Road, stated that there are five (5) communities of neighbors that will be affected by this development and she requested that they support the residents and vote no. COOKEVILLE PLANNING COMMISSION 6 NOVEMBER 26, 2018 Bob Miller, 1550 Randy Drive, was concerned about children walking to and from school and concerned about how the development can regulate deliveries as management for businesses change in the future. Walter Stan McReynolds, property owner at 590 Laurel Park Drive, was concern about the traffic in the area and the addition of more traffic lights and he was opposed to the rezoning request. Tim Bolby, property owner at 530 Jamestown Road, stated that a grocery store is not necessary when you have a Wal Mart less than one (1) mile away. Eric Walker made the motion to grant conditional approval of rezoning a portion of 1545 East 10th Street from RS-10 (Single Family Residential) to PCD (Planned Commercial Development) according to staff’s recommendation. Chris Wakefield 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, Jim Cobb - aye, and Eric Walker – aye. Motion carried. CONDITIONAL APPROVAL. CONSIDER FOR ACTION REZONING 111 CHESTNUT AVENUE FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY MITCH COPELAND ON BEHALF OF RS3 PROPERTIES. James Mills stated that Mr. Mitch Copeland, of RS3 Properties, has submitted a request to rezone from RD, Single Family and Duplex Residential to CL, Local Commercial property located at 111 Chestnut Avenue. The subject property is identified as Parcel 24.00 on Tax Map 53B, Group P. The parcel consists of approximately 0.64 acres. It is contiguous with properties zoned as CL to the north and east, and CL and RD to the south, and as RD to the west. Located to the north is the CRMC Day Care, to the east is a proposed townhouse development, to the south is a single family home and Stover’s Rental, and to the west are multi-family residential structures. The subject property is currently used for single family residential purposes. Mr. Copeland indicates that the purpose for the rezoning is to allow the use of the house as a rental unit for short and long term tenants. Non-owner occupied short term rental units are not permitted within the RD district. They are a permitted use in the CL subject to specific conditions. In the opinion of the Planning Department the proposed rezoning is reasonable and is in compliance with the Cookeville 2030 Plan. Staff recommended approval of the request. Mitch Copeland stated that the property is in disrepair and that there is a need for short term rental. Richard Grogan, property owner of 306 North Willow, stated that this property is unoccupied and in need of renovating. COOKEVILLE PLANNING COMMISSION 7 NOVEMBER 26, 2018 Tracy Cody made the motion to approve rezoning 111 Chestnut Avenue from RD (Single Family & Duplex Residential) to CL (Local Commercial). Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that the City of Cookeville requests that a portion of western right-of-way of Polly Drive be abandoned, declared as surplus property, and made available for acquisition by the adjoining property owner. The portion of the right-of-way of Polly Drive proposed for abandonment is located along the eastern boundary of Parcel 1.00 Map 53J, Group J between West Stevens Street and West Jackson Street. Said Parcel 1.00 is owned by SAI RAM Partnership and is the previous location of a housing development. SAI RAM purchased the property from Highlands Residential Services in 2016. The purchase included the right-of-way of Hargis Drive which was closed and abandoned by the City in 2016. Polly Drive is a local street that extends from West Stevens Street south to Darwin Street. The portion of Polly Drive between West Stevens and West Jackson Streets has a right-of- way of 60 feet. The portion south of West Jackson Street has a right-of-way of 40 feet. The specific proposal is to declare as surplus the western nine (9) feet of the right-of-way for a distance of approximately 1,100 feet. The abandoned area would be located at the back of the existing sidewalk would comprise approximately 9,900 feet based on a survey provided by Whittenburg Surveying. Should the right-of-way be abandoned, Polly Drive would retain a right-of-way of approximately 50 feet, which is sufficient for streets of local classification status. The proposed abandonment has been reviewed by all applicable utilities and has been determined to have no impact. The purpose for the request to abandon the portion of right-of-way is to facilitate a potential exchange of property between the City of Cookeville and the owners of Parcel 1.00, SAI RAM Partnership. The City of Cookeville has authorized street improvements at the intersection of West Jackson Street and South Willow Avenue that will include the addition of a west bound right turn only lane on West Jackson Street. To accommodate the construction of this lane approximately 15-20 feet of additional right-of-way from Parcel 1.00 will need to be acquired. Staff recommended approval of abandonment and declaration as surplus a portion of the western right-of-way of Polly Drive. Leslie Sullins Draper made the motion to approve abandoning and declaring as surplus a portion of the western right-of-way of Polly Drive. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 8 NOVEMBER 26, 2018 CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF MERCANTILE SUBDIVISION, 20 LOTS LOCATED ON EAST 10TH STREET, AND CONSIDER A REQUEST TO CHANGE THE NAME OF MERCANTILE SUBDIVISION TO LANDMARK COURT. REQUEST SUBMITTED BY GAW-BERNHARDT DEVELOPERS. James Mills stated that Developers Jerry Gaw and Aaron Bernhardt have submitted a request for a second six (6) month extension of the approval of the Preliminary Plat of Mercantile, a 20 lot single family attached (townhouse) development of their property located on East 10th Street. The plat was initially approved on May 22, 2017 and a six (6) month extension was granted on May 21, 2018. The Subdivision Regulations allow up to two (2) requests for six (6) month extensions of preliminary plat approval. No work has begun on the site. In addition, the developers have requested to change the name of the development to Landmark Court. The subject property is identified on Tax Map 40L Group K as Parcel 12.01. The property contains approximately 1.35 acres and is zoned CL, “Local Commercial” as is the adjacent Northgate Apartments property to the west. Section 221.3 of the Zoning Code stipulates that single family detached townhouses are allowed as a use permitted on review by the Planning Commission. The shopping center on the adjacent property to the east is zoned CN, “Neighborhood Commercial”. The subject parcel is bounded on the north by Park Village Subdivision which is zoned RS-10, “Single-Family Residential”. There are no evident topographic constraints indicated on the property. The proposed development consists of 19 building lots and Lot 20 will encompass the remaining common areas. All of these lots will front a new private interior parking and access easement currently unnamed that terminates in a hammer head design to facilitate turning movements. The units are planned to all contain two (2) bedrooms without garages and off street parking is calculated at the rate of 1.25 spaces per bedroom for a minimum total of 48 required parking spaces as shown on the plat. There is an existing five (5) foot wide sidewalk along the street right-of-way that needs to be shown on the plat. A new four (4) foot wide sidewalk is proposed for construction along the western edge of the private street that will serve the units. Each dwelling unit is to be outfitted with sprinkler systems that meet the National Fire Protection Association design standard 13D. In addition, there is an existing fire hydrant located on the southern right-of-way of East 10th Street approximately 160 feet from the site. Former Fire Chief Roger Fuqua asked the developer to install an additional hydrant along the northern right-of-way adjacent to the southeastern property boundary to ensure adequate coverage for fire protection. Sewer and water will be connected to the eight (8) inch gravity sewer line and six (6) inch water line located in the street right-of-way. The Electric Department requires that all electric is to be installed underground per CED specifications. The developer states he does not intend to install natural gas. 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. COOKEVILLE PLANNING COMMISSION 9 NOVEMBER 26, 2018 Staff recommended conditional approval of the second preliminary plat six (6) month extension and renaming the development to Landmark Court subject to the following conditions as per prior approvals: • Developer must schedule and attend a pre-construction meeting with all the appropriate city departments, • Developer must submit a grading plan and obtain a grading permit before beginning construction, • Developer must submit a roadway construction plan and profile with storm sewer and sidewalk details to the Department of Public Works. Plan shall include typical road section, subgrade, base width, asphalt width and 3:1 slopes, • 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. Eric Walker made the motion to grant conditional approval of the six (6) month extension of the Preliminary Plat of Mercantile Subdivision and approval of changing the name to Landmark Court. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL RAO AND PRELIMINARY PLAT OF UNIVERSITY PARK, 18 LOTS LOCATED AT 358 WEST 4TH STREET AND 319 CHESTNUT AVENUE. REQUEST SUBMITTED BY AARON BERNHARDT. James Mills stated that Mr. Aaron Bernhardt has submitted for approval a Final RAO (Redevelopment Area Overlay) Plan and Preliminary Subdivision Plat for University Park. University Park is a proposed 17 unit townhouse (single-family attached) development located off Chestnut Avenue between West 3rd and West 4th Streets. The Planning Commission, at its July 2018 meeting, approved a Preliminary RAO Concept Plan for the proposed development of 17 single family attached dwellings on the 36,590 square foot site with setback reductions along the street frontages, dedication of right-of- way along Chestnut Avenue and recommended that the City Council enact an RAO zone for the area depicted in the RAO Plan and that the city pay half the expense for decorative street lighting. Ordinance Number O18-08-20, establishing the RAO district for the subject area, was approved on second and final reading by the City Council at its September 20, 2018 meeting and is now effective. The property proposed for RAO development is identified as Parcels 12.00 and 13.00 on Tax Map 53P, Group P and consists of approximately 0.84 acres combined. The site is located entirely within an area identified in the Cookeville 2030 Plan as being in need of redevelopment/revitalization. COOKEVILLE PLANNING COMMISSION 10 NOVEMBER 26, 2018 The underlying or existing zoning classification is RD, Single Family and Duplex Residential. The subject properties are currently used for multi-family residential purposes and are located in an area referred to as the “L Block”. The existing structures are in dilapidated condition and have been condemned by the city. The approved Preliminary RAO Concept Plan depicted the development of 17 townhouses which was an increase of one (1) unit over what could be constructed under RD zoning. Approved floor plans depict the construction of two (2) story units with two (2) bedrooms and two and one half (2.5) baths. According to the approved development schedule all existing structures are to be removed within 60 days of approval of the RAO with new construction beginning thereafter and to be completed within two (2) years. The Zoning Code requires that a Final RAO Plan must be submitted to the Planning Commission within six (6) months after the effective date of the enactment of the overlay by the City Council or the overlay zoning action shall become null and void. The Final RAO Plan must substantially conform to the Preliminary RAO Concept Plan. Any substantial modifications to the approved Final RAO Plan must be resubmitted to the Planning Commission. Section 232A.15G of the Zoning Code specifies that in RAO developments involving the transfer of parcels a preliminary subdivision plat is also required. In the opinion of the Planning Department the Final RAO Plan substantially conforms to the Preliminary RAO Concept Plan. All information required by Section 232A.15G appears to be depicted on the Plan. The plan indicates that the 17 townhouses would front Chestnut Avenue with parking to the rear accessed by an existing city owned alley that will be resurfaced by the City of Cookeville to a width of approximately 16 feet and limited to one-way traffic from south to north. Sidewalks along Chestnut Avenue and West 3rd Street would be installed. A stormwater facility is to be constructed at the intersection of West 3rd Street and Chestnut Avenue. Canopy trees are to be planted along all public street frontages. Elevation and floor plans are provided on the Final RAO Plan. A common mail area is to be provided. Refuse collection is proposed to be provided with an enclosed dumpster area accessed off West 3rd Street. The Public Works Department requests that the dumpster area be moved to the north so that the truck will not have to back into the street. The Preliminary Plat depicts the development of 18 lots consisting of the 17 townhouse lots and the 18th lot being the common area, which includes all parking, green space and the storm water retention area. All utilities will be privately owned and maintained. A Homeowners Agreement (HOA) regarding the maintenance of the private streets, utilities and common areas is required. Existing fire hydrants are adequately located to serve the development and all units are to be sprinkled. All townhouse lots front Chestnut Avenue. The Final RAO Plan/Preliminary plat also depicts the dedication of 6.5 feet of property along Chestnut Avenue as additional right-of-way. Staff recommended conditional approval of the Final RAO Plan subject to depicting the correct dumpster detail, the submittal of the homeowners and maintenance agreement, and to compliance with all applicable provisions of the Zoning Code. Staff recommended COOKEVILLE PLANNING COMMISSION 11 NOVEMBER 26, 2018 conditional approval of the Preliminary Plat subject to the completion of a preconstruction meeting prior to the initiation of any improvements and to the completion of any corrections or additions to the plat as determined necessary by the applicable city departments. Chris Wakefield made the motion to grant conditional approval of the Final RAO Plan and the Preliminary Plat of University Park, subject to the staff’s recommendations. Leslie Sullins Draper seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF WINDSOR HILL PHASE II SECTION I, 11 LOTS LOCATED OFF NOTTINGHAM DRIVE. REQUEST SUBMITTED BY AARON BERNHARDT, JERRY GAW, AND PAUL GAW. Ken Young stated that Developers Aaron Bernhardt, Jerry Gaw and Paul Gaw have submitted for approval a Final Plat of Windsor Hill Phase II, Section 1 an 11 lot single family attached development of their property located on East Spring Street and Nottingham Drive. The subject property is identified on Tax Map 67A Group F as Parcel 59.00. The property contains approximately 19.07 acres total and the portion to be developed is zoned CL, “Local Commercial” and contains approximately 8.54 acres. The remainder of the property is property is zoned CR, “Regional Commercial” and the adjacent Windsor Hill Subdivision is zoned RD, “Single Family and Duplex Residential”. A revised preliminary plat containing 30 building lots was approved by the Planning Commission on June 25, 2018 instead of 33 building lots as previously approved by the Planning Commission in June 2017. All of the lots in Section 1 will front a portion of the new looped private interior street named Windsor Isle Drive that connects to Windsor Hill Drive that in turn intersects with Nottingham Drive. An approximate 100 foot section of Windsor Hill Drive is to be completed adjacent to the northern boundary of Lot 1 to provide a temporary turn around for Section 1 until the next section is completed. Public Works has noted that the dumpsters for Section 1 will be inaccessible until the street is completed. A new five (5) foot wide sidewalk has been constructed along one side of Windsor Isle Drive that will serve the units in Section 1. The developers are also required to construct a five (5) foot wide sidewalk along one side of the newly constructed Windsor Hill Drive that connects to Nottingham Drive. This proposed sidewalk must be depicted on the Section 1 Final Plat. Public Works also requires that a separate “Stormwater Maintenance Agreement” be executed in addition to the Homeowner Association Agreement. If the new streets and sidewalks are not completed the developers must consult with the Public Works Director to establish acceptable financial guarantees in lieu of completion. Each dwelling unit is outfitted with sprinkler systems that meet the National Fire Protection Association design standard 13D. A new hydrant has been installed to the northeast of Lot 1 that will adequately serve the units in Section 1. The Water Quality Control Department requires that “as-built” plans be submitted for the water lines and that these be depicted on the plat as installed and easements provided. They also require that the “Vehicular Access Easement” be revised to include utility easements. The Electric COOKEVILLE PLANNING COMMISSION 12 NOVEMBER 26, 2018 Department requires that all electric is to be installed underground per CED specifications. The developers chose not to install natural gas. All of the property including the new streets, parking areas and other common areas and infrastructure components are private so no Warranty of Improvements is required. Repair and maintenance of the common elements will be covered under a Homeowner Association Agreement that is to be submitted in a timely manner after the final plat is recorded. Staff recommended conditional approval of the Final Plat subject to the following: • Addition to the plat of the required new five (5) foot sidewalk along one side of Windsor Hill Drive, • Completion of new street and sidewalk construction or the submission of financial guarantees in an amount determined by the Director or Public Works, • Submission of the “Stormwater Maintenance Agreement” as stipulated by Public Works • Submission of “as-built” plans and utility easement revisions as stipulated by Water Quality Control, • $300 total payment to Public Works for two (2) street signs and two (2) stop signs • Submission of the Homeowner Association Agreement in a timely manner after the plat is recorded, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Kay Starkweather made the motion to grant conditional approval of the Final Plat of Windsor Hill Phase II Section I, according to staff’s recommendation. Jim Cobb seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER FOR ACTION CANCELLING THE DECEMBER PLANNING COMMISSION MEETING. REQUEST SUBMITTED BY STAFF. Staff recommended cancelling the December Planning Commission meeting. Jim Cobb made the motion to approve cancelling the December Planning Commission meeting. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED CANCELLING THE DECEMBER PLANNING COMMISSION MEETING. Kay Starkweather made the motion to take the following items for study. Jim Cobb seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 420 & 430 PEEK DRIVE AND 412 BLAKE CIRCLE FROM RS-10 (SINGLE FAMILY RESIDENTIAL) TO RM-8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY MICHAEL GAW. PUBLIC HEARING SCHEDULED FOR JANUARY 28, 2019. COOKEVILLE PLANNING COMMISSION 13 NOVEMBER 26, 2018 (2) CONSIDER FOR STUDY REZONING 515 SOUTH WALNUT AVENUE FROM RM-8 (MULTI-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY ELAINA MORGAN OF F & M PROPERTIES. PUBLIC HEARING SCHEDULED FOR JANUARY 28, 2019. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • GOFF & TILGHMAN PROPERTY LOT LINE REVISION - 2 LOTS LOCATED AT 625 & 649 FREEZE STREET – JAMMIE R. GOFF AND LOGAN & RAMONA TILGHMAN. • WHITE HEIGHTS RE-DIVISION OF LOT 1 – 2 LOTS LOCATED AT 357 & 359 SLIGER ROAD – CASKEY PROPERTIES LLC. • WINDROWE VILLAGE LOTS 32 & 33 COMBINATION – 1 LOT LOCATED AT 605 WINDROWE DRIVE – LINDA KAY WALLACE. ADJOURNMENT: 7:10 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION