Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES AUGUST 26, 2019 The Cookeville Planning Commission met on Monday, August 26, 2019 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Cobb, Tracy Cody, Judy Jennings, James Stafne, Kay Starkweather, Leslie Sullins Draper, Chris Wakefield, Eric Walker, and Daniel Odom. MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: James Mills, Jon Ward, Ken Young, and Haley Dickson. STAFF MEMBERS ABSENT: None. OTHERS PRESENT: Ben Wheeler and Tom Sergio. ESTABLISHMENT OF QUORUM: Chairman Stafne announced that a quorum was present for the meeting. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Kay Starkweather made the motion to approve the agenda as submitted. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JULY 22, 2019. Judy Jennings made the motion to approve the minutes of July 22, 2019. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF WEST TOWNE VILLAGE, 55 SINGLE FAMILY DETACHED LOTS LOCATED OFF OF BROAD WAY AVENUE. REQUEST SUBMITTED BY BERNHARDT CONSTRUCTION. DEVELOPER HAS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE SEPTEMBER 23RD PLANNING COMMISSION MEETING. CONSIDER A REQUEST FOR ONE (1) YEAR EXTENSION OF REDUCED FINANCIAL GUARANTEES FOR THE RESERVE AT THE COUNTRY CLUB PHASE I. Ken Young stated that Tom Sergio, on behalf of Design Development LLC, has submitted a request for a one (1) year extension of the three (3) Letters of Credit submitted initially in September 2008 to financially guarantee the infrastructure improvements at The Reserve at the Country Club Phase I. The development was first financially guaranteed in September 2008. In September 2009, the Planning Commission granted a two (2) year extension of the guarantees. In August 2011 the Planning Commission approved the extension of the guarantees in the reduced amounts as approved by the appropriate departments for a period of one (1) year. In August 2012 the Planning Commission approved another one (1) year extension as per the amounts approved COOKEVILLE PLANNING COMMISSION 2 AUGUST 26, 2019 in 2011. In August of 2013 the Planning Commission approved Mr. Sergio’s requested renewal of the letters of credit and approval of granting an additional five (5) years to complete the sidewalks. In August of 2014 the Planning Commission approved Mr. Sergio’s request for a one (1) year renewal of the guarantees. In August of 2015 the Planning Commission approved his request for a one (1) year extension and a reduction in the amount for sidewalk construction. In August 2016 the Planning Commission approved his request for a one (1) year extension and a further reduction in the amount for sidewalk construction. In August 2017 the Planning Commission approved his request for another one (1) year extension of the guarantees with reductions in the amount required for sidewalks, drainage facilities and water and sewer. In August 2018 the Planning Commission approved his request for another one (1) year extension of the guarantees with reductions in the amount required for sidewalks and drainage facilities. The amount for water and sewer remained unchanged. Analysis: The Letters of Credit submitted on August 28, 2018 are all drawn on Citizens Bank. A $26,650 Letter of Credit was submitted for the remaining sidewalk construction and a $40,000 Letter of Credit was submitted for the remaining drainage facilities, including the rain gardens. Lastly, a Letter of Credit in the amount of $3,700 was submitted for the maintenance of water and sewer improvements. Planning staff has been advised by the Water Quality Control that the amount for the maintenance of water and sewer improvements will remain as $3,700 for one (1) year. Public Works Director, Greg Brown, has advised that the amount of the guarantee for the drainage improvements can be reduced to $32,500 for one (1) year. He further advised that the amount for the sidewalks can be reduced to $22,000 for one (1) year. Approximately 76% of the lots in the subdivision have been developed to date. Public Works Director Greg Brown has advised the City should apply the final paving surface in the development within the next 12 months. Recommendation: Conditional approval of the request for one (1) year extension of the financial guarantees, subject to the submission of Letters of Credit in the amount of $22,000 for sidewalks, $32,500 for drainage facilities and $3,700 for water and sewer infrastructure. All extended financial guarantees shall be submitted to Planning staff no later than Noon on Thursday August 29th. Tracy Cody made the motion to approve the request as submitted. Leslie Sullins Draper seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION RESUBMISSION OF LANDMARK COURT PRELIMINARY PLAT, 20 SINGLE FAMILY ATTACHED LOTS ON EAST 10TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Developers Jerry Gaw and Aaron Bernhardt have resubmitted for approval their Preliminary Plat of Landmark Court, a 20 lot single family attached development of their property located on East Tenth Street. The plat was initially approved on May 22, 2017 as the Mercantile Division. A six (6) month extension was granted on May 21, 2018 and a second six (6) month extension was approved on November 22, 2018 along with a request to change the development name to Landmark Court. The Subdivision Regulations allow up to two (2) requests for six (6) month extensions of preliminary plat approval. The second and last extension expired on May 22, 2019. No physical work has begun on the site. COOKEVILLE PLANNING COMMISSION 3 AUGUST 26, 2019 Analysis: The subject property is identified on Tax Map 40L Group K as Parcel 012.01. 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”. A decision regarding screening and buffering along the northern property line has been deferred until the site has been graded. 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 to be named Landmark Court that terminates in a hammer head design to facilitate turning movements. The square footage of five (5) of the 19 units has increased from the previous plat submission but there are no other changes of note. The units are all still planned to 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 47 required parking spaces as shown on the plat. There is an existing four (4) foot wide sidewalk along the street right-of-way as 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 Tenth Street approximately 240’ from the site. A new hydrant is proposed for installation near the retention pond 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. Solid waste will be managed by the siting of a dumpster at the rear of the property as shown on the plat. Water is to be public and all of the remainder of the property including the driveway, parking areas, sewer and other common areas and infrastructure components are to be private. Repair and maintenance of the common elements will be covered under a Homeowner’s Association Agreement (HOA) that is to be submitted in a timely manner after the final plat is recorded. Recommendation: The Planning Department recommends conditional approval of the resubmitted preliminary plat subject to the following conditions: • 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 • A decision must be made by the City regarding screening and buffering along the northern property boundary after grading is completed COOKEVILLE PLANNING COMMISSION 4 AUGUST 26, 2019 • 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 • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Chris Wakefield made the motion to approve the request recommended by staff. Tracy Cody seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVED. CONSIDER FOR ACTION FINAL PLAT OF HUDGENS COURT, FIVE (5) SINGLE FAMILY ATTACHED LOTS ON EAST HUDGENS STREET. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Aaron Bernhardt has submitted for approval the Final Plat of Hudgens Court, a five (5) lot single family attached development of his property located on East Hudgens Street. 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. In April 2019 the Planning Commission approved resubmittal of the preliminary plat for a period of 12 months. Analysis: The subject property is identified on Tax Map 53F Group Has 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 development consists of four (4) building lots and Lot 5 encompasses the remaining common areas. All of the lots front a new private interior parking and ingress/egress named Hudgens Court with a hammerhead design in the front for vehicular turn around. This street terminates in a dead end at the north of the property. Water will be public, and the remainder of the property including the sewer, 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 (HOA) 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. Water meters and a new hydrant remained to be installed and locations must be added to the plat upon completion. Water Quality Control requires the water system be tested and “as-built” plans be submitted for review and approval. Public Works requires that a storm water maintenance agreement for the retention pond be submitted for their review and approval before the plat is finalized. COOKEVILLE PLANNING COMMISSION 5 AUGUST 26, 2019 Recommendation: The Planning Department recommends conditional approval of the final plat subject to the following conditions: • Water meters and the fire hydrant must be installed and locations depicted on the plat • Water Quality Control must test the water system and the developer must submit “as- built” plans for review and approval before the plat may be finalized • Developer must submit a storm water maintenance agreement for the retention pond to the Department of Public Works for review and approval • Developer must pay $150 to Public Works for making and installing all required street signage • Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments • Developer shall submit a recorded HOA in a timely manner after the final plat is recorded Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVED. CONSIDER FOR ACTION FINAL PLAT OF WESTVIEW, FOUR (4) SINGLE FAMILY ATTACHED LOTS ON HUGHES STREET. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Mr. Bernhardt has submitted for approval the Final Plat of Westview, a four (4) lot single family attached development of his property located on Hughes Street adjacent to Stevens Point. The plat was granted conditional preliminary approval by the Planning Commission at the January 2019 meeting. There have been no significant changes to the plat. Analysis: The subject property is identified on Tax Map 53I, Group A, as Parcel 8.00 and contains approximately 0.25 acres. The property is zoned RM-14, Multi-family Residential as are all the adjacent properties. Section 216.3 of the Zoning Code stipulates that single family attached dwellings (townhouses) are allowed in the RM-14 zone as a use permitted on review, subject to the submission of a plat in accordance with the Cookeville Subdivision Regulations. The development consists of three (3) single family attached building lots and the construction of a private street named Westview Court with four (4) foot wide interior sidewalks and installation of utilities. The plat also depicts a new five (5) foot wide public sidewalk that will be constructed along the Hughes Street frontage. Lot 4 is the remaining common area and is not a building lot. Water is connected to the existing six (6) inch water line located in the right-of-way of Hughes Street and the lots will be served by individual meters which are to be set near the street right-of- way. Private sewer is connected to the existing eight (8) inch gravity sewer line also located within the street right-of-way. The developer must submit “as-built” water plans to the Department of Water Quality Control for review and approval. There is one (1) existing hydrant COOKEVILLE PLANNING COMMISSION 6 AUGUST 26, 2019 located approximately 55 feet to the west in the right-of-way of Hughes Street and Bryant Avenue and the dwelling units will have sprinkler systems. Public Works has advised the developer that a concrete apron is now not required at the proposed entrance off Hughes Street. A turnaround has been provided on the site to accommodate vehicular access and movement. Individual receptacles will be utilized for trash pickup. Water is public and all the common areas, streets, sewer and other infrastructure improvements are private and will be maintained via a Homeowner Association Agreement (HOA) that will be required as soon as possible after the final plat is recorded. No portion of the subject property is located in a Special Flood Hazard Area according to the Flood Insurance Rate Maps for the area, nor are there indications of Sinkhole Retention Areas according to the available GIS data. Recommendation: The Planning Department recommends conditional approval of the final plat subject to the following conditions: • Water meters must be installed and locations depicted on the plat and the developer must water “as-built” plans to the Water Quality Control Department, • Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments • Developer must pay $150 to Public Works for making and installing all required street signage • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city department • Developer shall submit a recorded HOA in a timely manner after the final plat is recorded Leslie Sullins Draper Made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVED. RECONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 213 & 214. REQUEST SUBMITTED BY STAFF. (THESE ITEMS WERE POSTPONED BY THE PLANNING COMMISSION AT THE JULY 22ND MEETING). Jon Ward stated that the Planning Department has prepared for consideration amendments to the Cookeville Zoning Code regarding side yard requirements in the RS-5 and RD Zoning Districts. Action on this item was postponed at the July 22, 2019 Planning Commission meeting. The Planning Department would like to propose two (2) options for the Planning Commission to consider regarding reducing the interior side yard requirements in the RS-5 and RD Zoning Districts. Option one (1) reduces the side yard requirement in the RS-5 and RD Zoning Districts. Option two (2) reduces the side yard requirement for zero lot line single family detached developments in the RS-5 District. COOKEVILLE PLANNING COMMISSION 7 AUGUST 26, 2019 OPTION 1 • Amending Section 213, RS5, Single Family Residential District, Section 213.17D, Minimum interior side yard, by reducing the required interior side yard requirement from 7.5 feet to 5 feet for single family detached structures and reducing the required interior side yard requirement for zero lot line single family detached structures from 15 feet to 10 feet. The RM8 District currently allows five (5) feet interior side yard for single family detached structures. The proposed amendment will to reduce the RS5 District interior side yard to the same requirement. SECTION 213 RS-5 SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 213.7 MINIMUM YARD REQUIREMENTS 213.7D Minimum interior side yard: 1. Single-family detached........................ 7.5 feet, plus 5 feet for each story over 2 stories 1. Single-family detached……………….. 5 feet, plus 5 feet for each story over 2 stories 2. Zero lot line detached............ 15 feet, one side, plus 5 feet for each story over 2 stories 2. Zero lot line detached……… 10 feet, one side, plus 5 feet for each story over 2 stories • Amending Section 214, RD, Single-Family and Duplex Residential District, Section 214.7 Minimum Yard Requirements, by reducing the required interior side yard requirement from 7.5 feet to 5 feet for single family detached structures. The RM8 District currently allows five (5) feet interior side yard for single family detached structures. The proposed amendment will to reduce the RD District interior side yard to the same requirement. SECTION 214 RD SINGLE-FAMILY AND DUPLEX RESIDENTIAL DISTRICT SECTION 214.7 MINIMUM YARD REQUIREMENTS 214.7D Minimum interior side yard: 1. Single-family detached……………... 7.5 feet, plus 5 feet for each story over 2 stories 1. Single-family detached……………... 5 feet, plus 5 feet for each story over 2 stories COOKEVILLE PLANNING COMMISSION 8 AUGUST 26, 2019 OPTION 2 • Amending Section 213, RS5, Single Family Residential District, Section 213.17D, Minimum interior side yard, by reducing the required interior side yard requirement for zero lot line single family detached structures from 15 feet to 10 feet. The RD District currently allows ten (10) feet interior side yard for zero lot line single family detached structures. The proposed amendment will to reduce the RS5 District interior side yard to the same requirement. SECTION 213 RS-5 SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 213.7 MINIMUM YARD REQUIREMENTS 213.7D Minimum interior side yard: 2. Zero lot line detached............ 15 feet, one side, plus 5 feet for each story over 2 stories 2. Zero lot line detached……… 10 feet, one side, plus 5 feet for each story over 2 stories Per previous discussion, Jon Ward provided information from the Codes Director, Jeff Littrell, that either option will require sprinklers and possibly other requirements for fire safety. After extensive discussion, Eric Walker made the motion to approve Option 2 of the request by staff. Kay Starkweather seconded the motion; the commission voted two (2) ayes and seven (7) nays. Motion did not pass. After continued discussion, Jim Cobb made a motion to approve Option 1 of the request by staff. Daniel Odom seconded the motion and the motion passed unanimously. APPROVED. CONSIDER A RECOMMENDATION TO INCREASE THE SIDEWALKS IN LIEU OF CONSTRUCTION FEE. REQUEST SUBMITTED BY STAFF. Jon Ward stated that Section 209 of the Cookeville Zoning Code established requirements for sidewalk installation for developments within the City of Cookeville. Section 209.4 sets forth circumstances where an Optional Fee In Lieu of Construction can be paid for developments that require sidewalk construction. On February 21, 2002, the Cookeville City Council, through Resolution R02-02- 02 established the amount of the fee to be paid in lieu of sidewalk construction. The current fees are as follows: A. Sidewalks with required widths of four (4) feet: $15.00 per linear foot B. Sidewalks with required widths of five (5) feet: $17.00 per linear foot C. Sidewalks with required widths of six (6) feet: $19.00 per linear foot COOKEVILLE PLANNING COMMISSION 9 AUGUST 26, 2019 The established fee has been in place for seventeen (17) years without an increase. Due to increased costs for sidewalk construction, the Planning Department, after consulting with the Director of Public Works, has proposed an increase to the current established fees as follows: A. Sidewalks with required widths of four (4) feet: $22.00 per linear foot B. Sidewalks with required widths of five (5) feet: $26.00 per linear foot C. Sidewalks with required widths of six (6) feet: $32.00 per linear foot Recommendation: The Planning Department recommends approval of the proposed Sidewalk In Lieu of Construction Fee Increase. Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. STUDY ITEMS: (1) CONSIDER FOR STUDY PRELIMINARY PLAT OF SCENIC BLUFFS, EIGHT (8) LOTS LOCATED OFF SOUTH JEFFERSON AVENUE AND INTERSTATE DRIVE. REQUEST SUBMITTED BY SCENIC DRIVE PARTNERS, LLC. (2) CONSIDER FOR STUDY REQUEST TO REZONE PROPERTY AT 225 WEST JACKSON STREET AND POLLY DRIVE (TAX MAP 053J GROUP J PARCEL 012.01) FROM RS-10 (SINGLE FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY TIM, RANDY, AND JEFF DUNN. Daniel Odom made the motion to accept the items for study. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • PIGEON ROOST CREEK ROAD LOTS 9 & 10 COMBINATION PLAT – 1 LOT LOCATED ON BUNKER HILL ROAD – RONALD CHAMBERLAIN • HIC-WILLOW PROPERTIES LOT LINE ADJUSTMENT – 2 LOTS LOCATED ON SOUTH WILLOW AVENUE & FOREMAN DRIVE – HIC & WILLOW PROPERTIES • SALEM CHURCH DIVISION – 1 LOT LOCATED ON SALEM CHURCH ROAD – SALEM CHURCH • JASON DEAN DIVISION – 2 LOTS LOCATED AT THE CORNER OF REESER LANE AND MINE LICK CREEK ROAD – JASON DEAN AND ANDY HAMMOCK • MINNEAR WILLIAMS DIVISION – 1 LOT LOCATED ON SOUTH DRY VALLEY ROAD – ROY & KACY MINNEAR WILLIAMS COOKEVILLE PLANNING COMMISSION 10 AUGUST 26, 2019 (2) MISCELLANEOUS • WESTBROOK FARMS PHASE I FINAL PLAT RECORDED ON 7/23/2019 • FINANCIAL GUARANTEE FOR COMPLETION OF SIDEWALKS IN MAGNOLIA CREEK PHASE I EXTENDED FOR ONE (1) YEAR ON 7/29/2019; (AMOUNT REDUCED FROM $31,500 TO $18,000 AS APPROVED BY PUBLIC WORKS DIRECTOR GREG BROWN). SUBMITTED BY KMJ PROPERTIES. • 10TH & FISK RE-SUBDIVISION OF LOT 4 FINAL PLAT RECORDED ON 7/31/2019. ADJOURNMENT: 6:14 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION