Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 22, 2019 The Cookeville Planning Commission met on Monday, April 22, 2019 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Judy Jennings, Chris Wakefield, Leslie Sullins Draper, Tracy Cody, Jim Cobb, Eric Walker and Daniel Odom. MEMBERS ABSENT: Kay Starkweather. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, and Jon Ward. STAFF MEMBERS ABSENT: Mike Davidson. OTHERS PRESENT: Paige Stanage, Aaron & Marie Bernhardt, Tom Sergio, Neil Patel, AJ Narayer, Logan Weaver and Bob Vick. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Leslie Sullins Draper 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 MARCH 25, 2019. Chris Wakefield made the motion to approve the minutes of March 25, 2019. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO THE OFFICIAL STREET MAP. REQUEST SUBMITTED BY STAFF. James Mills stated that amendments to the Official Street Map are necessary due to the construction of six (6) new streets and the annexation of all or portions of three (3) streets since February of 2018. Approximately 10,745 linear feet or 2.03 miles of streets are proposed for addition to the Official Street Map. The purpose of the Official Street Map is to depict the streets for which the City of Cookeville is responsible for maintenance and to reflect the official names of these streets. The recommended amendments are included in your information packet. Elbert Mackie Road and portions of Browns Mill Road and Salem Road were annexed in June of 2018. Juniper Drive, Greymore Lane, Greystone Way, Greystone Court and McCulley Lane were constructed as part of new subdivision developments. Guardian Way was also constructed as a part of a new subdivision development and to provide access to the proposed new police department. Staff recommended approval of amendments to Official Street Map. Jim Cobb made the motion to approve the amendments to the Official Street Map. Leslie Sullins Draper seconded the motion and the motion carried unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 2 APRIL 22, 2019 CONSIDER FOR ACTION PRELIMINARY PLAT OF KRISHNA HOSPITALITY PARTNERS PROPERTY, 2 LOTS LOCATED AT 970 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY BOB VICK ON BEHALF OF NEIL PATEL AND THE KRISHNA HOSPITALITY PARTNERSHIP. Jon Ward stated that Mr. Neil Patel with Krishna Hospitality Partnership has submitted for approval the Preliminary Plat of the Krishna Hospitality Partnership Property, a two (2) lot commercial development located at 970 South Jefferson Avenue which is currently the location of the Quality Inn hotel. The property has rear access to an unnamed private driveway that serves four (4) government office buildings. Although there are only (2) lots proposed, there are several infrastructure improvements proposed that require full Planning Commission consideration. The subject property is identified on Tax Map 066 as Parcel 047.00 and contains approximately 5.42 acres. The property is zoned CG (General Commercial) as are adjacent properties. The proposed Lot 2 will have frontage on the unnamed permanent vehicular access easement. This will require the developer to improve this approximately 50’ wide by 180’ section to meet city street construction standards which will include widening the pavement to 20’, providing additional surfacing, and constructing a sidewalk. This access easement will remain unnamed and Lot 2 will be addressed as 440 Neal Street. (As noted by Codes Director Jeff Littrell this is necessary because the four (4) government office buildings it serves are all addressed off of Neal Street). A new five (5) foot wide by 125 foot long sidewalk is proposed to connect Neal Street to the southeast corner of the new lot. The Public Works Department provided traffic counts from April 2, 2019 through April 8, 2019 for the proposed permanent access easement. This traffic count reflects all vehicular traffic accessing the proposed permanent access easement, including business located on the eastern and western side which front on Neal Street. The Monday through Friday average traffic count was 948 vehicles per day. Twenty-three (23) parking spaces and a landscape island are shown on the plat adjacent to the eastern property line. A corresponding access/parking/utility easement north of the permanent access easement is shown on the plat. The proposed parking spaces are twenty (20) feet from the current edge of pavement of the easement. This is sufficient area to back out of the proposed parking spaces and avoid backing into the easement. A 240’ long retaining wall and new five (5) foot wide sidewalk are proposed to run north/south adjacent to the west side of the new proposed parking spaces. There is an existing fire hydrant on the western right-of-way of the access easement that will provide adequate fire protection coverage. The Electric Department requires all conduit and pads installed as per CED specifications. They further require that all utilities are to be shown on the utility/site plan. The Gas Department reports they currently serve the site and an additional meter will be set by the rotary that is already in place. A very small area at the northeast corner of the property is within the perimeter of Sinkhole Retention Area #48 and no development is proposed that will encroach in this location. Otherwise there are no other topographic constraints such as wetlands, streams or flood hazard areas indicated by available GIS data on this site. COOKEVILLE PLANNING COMMISSION 3 APRIL 22, 2019 Staff recommended conditional approval of the Preliminary Plat subject to the following: • Developer shall schedule and attend a pre-construction and site plan review meeting with all the appropriate city departments, • Developer must submit a street plan and profile and sidewalk details to the Department of Public Works for the proposed permanent vehicular access easement. Plan shall include typical road section, and asphalt width and thickness, • Developer shall submit plans for the installation of underground electric per the Electric Department design requirements , • Developer shall provide all utility easements as required by the Electric, Gas 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. Jon Ward added that the Commission voiced concerns about vehicles backing out on a permanent access easement and about the private drive becoming public in the future. James Mills stated that the additional parking required was due to meeting the standards for subdividing the property. Mr. Mills stated that this has been a complicated issue for years. Bob Vick stated that he wanted the project to go as originally presented. Mr. Vick added that he will be providing parking along the private drive for his development up the road from this project and that he could use the parking on the permanent access easement for additional parking, if needed. Eric Walker was concerned about Mr. Vick’s ability to sell lots in the future if he doesn’t have enough parking. James Mills added that if Mr. Vick doesn’t have extra parking for his development he would not be allowed to use the property at 970 South Jefferson Avenue to meet his parking requirements because it would be considered off-premise. Daniel Odom was concerned if there was enough space for vehicles to turn left or right with the new design. Nick Patel and Tom Sergio stated that they wanted to go with the original design that allowed them to back out on the vehicular access easement. James Mills stated that the Codes Department recalculated the parking with the closure of the bar and restaurant at 1 space per 250 sq. ft. for office space and that the development was 23 parking spaces short due to subdividing the property. Nick Patel stated that in the last 15 years that they have not had occupancy over 50%. COOKEVILLE PLANNING COMMISSION 4 APRIL 22, 2019 Leslie Sullins Draper was concerned that if the property was sold in the future that there would be a problem with parking. Mrs. Draper asked if the bar and restaurant could be reopened after the plat was approved. James Mills responded that the bar and restaurant could not be reopened without meeting the additional parking requirements for those uses. Jon Ward stated that in the future that the City might need to require a right turn only from the private drive that connects to Neal Street. The Commission preferred to have the parking 20’ off of the pavement so that the vehicles are not backing out on the vehicular access easement. Jim Cobb made the motion to approve the Preliminary Plat that was revised to keep vehicles from backing out on a vehicular access easement. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION RESUBMITTAL OF THE PRELIMINARY PLAT OF HUDGENS COURT, 5 LOTS LOCATED AT 438 EAST HUDGENS STREET. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Developer Aaron Bernhardt has resubmitted the Preliminary Plat for Hudgens Court, a five (5) lot single family attached development of his property located on East Hudgens Street. The Subdivision Regulations provides 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 six (6) month extension request was granted on April 23, 2018 and a second six (6) month extension was granted on October 22, 2018. The subject property is identified on Tax Map 53F Group H as Parcel 016.00. 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 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. The development is now under construction. Staff recommended approval of the resubmittal of the Preliminary Plat, subject to the original terms and conditions specified at the April 24, 2017 meeting. COOKEVILLE PLANNING COMMISSION 5 APRIL 22, 2019 Leslie Sullins Draper made the motion to approve the resubmittal of the Preliminary Plat, subject to the original terms and conditions specified at the April 24, 2017 meeting. Daniel Odom seconded the motion and the motion carried unanimously. APPROVED RESUBMITTAL OF PRELIMINARY PLAT. CONSIDER FOR ACTION FINAL PLAT OF B & F INVESTMENTS, 3 LOTS LOCATED AT 1555 INTERSTATE DRIVE. REQUEST SUBMITTED BY TOMMY FITZGERALD, RICKY FITZGERALD AND NICK BRESAW OF B & F INVESTMENTS. Ken Young stated that Tommy Fitzgerald on behalf of B and F Investments has submitted for approval a Final Plat of the B and F Investments Division, a three (3) lot commercial subdivision located at 1555 Interstate Drive. This site was formally the location for Fixture World and Anchor Down. A preliminary plat is not required because the development requires no new street or utility construction and there are less than 10 lots proposed. The subject property is identified on Tax Map 66 as Parcel 063.00. The property contains approximately 9.24 acres and is zoned CI, “Commercial Industrial” as are adjacent parcels to the west, north and a portion to the east. The remainder abuts an RS-10 “Single Family Residential” area. The proposed subdivision consists of creating three (3) building lots with frontage on Interstate Drive. Public Works Director Greg Brown stated there was no need to acquire additional right-of-way for future road improvements. He also said that sidewalks are to be constructed as part of the STP project. Mr. Brown requested that the surveyor locate and depict an existing culvert on the plat that corresponds with Hudgens Creek. City GIS data indicates the property lies almost entirely within Sinkhole Retention Area #17 with a flood elevation of 1,066 feet. Before any building permits can be issued a geotechnical analysis will be required as per Section 231 of the Zoning Code. There are no other indications of adverse natural factors on the property. Water Quality Control Engineer Barry Turner said that water and sewer connections are available and requested the surveyor add a 20’ wide utility easement for the sewer line at the northeast corner of the property. There are two (2) existing fire hydrants located in the south right-of-way of Interstate Drive what are within the required proximity for fire protection coverage. The Electric Department requires a 20’ utility easement along the front of the lots and the Gas Department also requested easements to be added to accommodate service lines to the new lots. Staff recommended conditional approval of the Final Plat subject to the depiction of the culvert on the plat, the addition of all requested utility easements and the completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. James Mills added that the sinkhole regulations require that geotechnical analysis of the sinkhole area must be completed before a building permit maybe issued. COOKEVILLE PLANNING COMMISSION 6 APRIL 22, 2019 Daniel Odom made the motion to grant conditional approval of the Final Plat subject to the depiction of the culvert on the plat, the addition of all requested utility easements and the completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Chris Wakefield seconded the motion and the motion carried. CONDITIONAL APPROVAL OF THE FINAL PLAT. CONSIDER FOR ACTION FINAL PLAT OF WINDSOR ISLE PHASE II, 11 LOTS LOCATED OFF NOTTINGHAM DRIVE. REQUEST SUBMITTED BY JERRY C. GAW INC. AND BERNHARDT, LLC. Ken Young stated that Developers Aaron Bernhardt, Jerry Gaw and Paul Gaw have submitted for approval a Final Plat of Windsor Hill Phase II a 19 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 059.00. This final phase is zoned CL, “Local Commercial” and contains approximately 1.31 acres. The final plat of the first 11 lots in Phase I was approved in November 2018. All of the lots in Phase II front a portion of the new looped private interior street named Windsor Isle Drive that connects to Windsor Hill Drive. A new five (5) foot wide sidewalk has been constructed along the east side of Windsor Isle Drive. A second retention pond is to be installed in this phase. Public Works requires a separate “Stormwater Maintenance Agreement” be executed in addition to the Homeowner Association Agreement. The interior section of Windsor Isle Drive and the remainder of Windsor Hill Drive between this phase and East Spring Street remain to be completed. Each dwelling unit is outfitted with sprinkler systems that meet the National Fire Protection Association design standard 13D. 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” for the private street be revised to include utility easements. The Electric 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: • Completion of new private street and sidewalk construction or the submission of financial guarantees in an amount determined by the Director or Public Works, • Completion of the second retention pond, • Submission of the “Stormwater Maintenance Agreement” as stipulated by Public Works, COOKEVILLE PLANNING COMMISSION 7 APRIL 22, 2019 • Submission of “as-built” plans as stipulated by Water Quality Control, • Revision of the “Vehicular Access Easement” for the private street to include utility easements, • 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. Eric Walker made the motion to grant conditional approval of the Final Plat, subject to staff’s recommendation. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. Jim Cobb stated that he would be abstaining from any discussion on Study Item #2, since he is employed by Tennessee Tech University. Leslie Sullins Draper made the motion to take the following items for study. Chris Wakefield seconded the motion. Votes: Jim Stafne aye, Judy Jennings -aye, Chris Wakefield - aye, Leslie Sullins Draper –aye, Tracy Cody - aye, Jim Cobb - abstain, Eric Walker- aye and Daniel Odom – aye. Motion carried. STUDY ITEMS. (1) CONSIDER FOR STUDY ABANDONING AND DECLARING AS SURPLUS PROPERTY AVAILABLE FOR ACQUISITION BY THE ADJOINING PROPERTY OWNER A PORTION OF THE NORTHERN RIGHT-OF-WAY OF WHITSON AVENUE AND A PORTION OF THE EASTERN RIGHT-OF- WAY OF ARTHUR DRIVE. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY DESIGN CONCEPT FOR IMPROVEMENTS TO NORTH DIXIE AVENUE FROM 8TH STREET TO 12TH STREET AND NORTH MAHLER AVENUE FROM 6TH STREET TO 8TH STREET. REQUEST SUBMITTED BY TENNESSEE TECH UNIVERSITY. (3) CONSIDER FOR STUDY REZONING 1551 BUNKER HILL ROAD FROM RS- 15 (SINGLE FAMILY RESIDENTIAL) TO RS-5 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY JAMES K. SERGENT. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • COMBINATION PLAT FOR A PORTION OF THE ESSEX FAMILY TRUST PROPERTY AND A PORTION OF THE RIVER COMMUNITY CHURCH PROPERTY – 2 LOTS LOCATED AT 755 GREEN GATE LANE AND 1200 MIRACLE ROAD – CECIL ESSEX OF ESSEX FAMILY TRUST AND THE RIVER COMMUNITY CHURCH. (2) PEDESTRIAN, BICYCLE AND CIRCULATION PLAN. Jon Ward announced that there will be a Public Workshop with Gresham Smith on April 25, 2019 from 5:00 COOKEVILLE PLANNING COMMISSION 8 APRIL 22, 2019 to 7:00 p.m. in the Council Chambers for Public comments on updating the Pedestrian, Bicycle and Circulation Plan. ADJOURNMENT: 6:28 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION