Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES SEPTEMBER 23, 2019 The Cookeville Planning Commission met on Monday, September 23, 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: Susan Hitz, Tim Dunn, Ben Wheeler, Matt Davidson, Marcia Donovan, Eunetta Jenkins, Jeff Dunn, Ginger Dunn, Taylor Dillhay, Joel Deason, Chris Collins, Jennifer Sheppard, Aaron Bernhardt. 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. Daniel Odom seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF AUGUST 26, 2019. Jim Cobb made the motion to approve the minutes of August 26, 2019. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. Jon Ward stated that Mr. Tim Dunn, Randy Dunn and Jeff Dunn submitted a request to rezone from RS-10, Single Family Residential to CG, General Commercial, property located on West Jackson Street and Polly Drive. Analysis: The subject property is identified as Parcel 012.01, Group J, on Tax Map 053J, and consists of approximately 0.6 acres. The property is bordered by CG, General Commercial to the south, CG General Commercial and CR, Regional Commercial to the west, and RS10 to the north and east. Even though the property is currently zoned as RS-10, the lot is utilized as a parking/storage lot for Dunn’s Car Care and Tire Center, Inc., which is located adjacent to the property in the CG zone to the south. The Dunn’s submitted the request to rezone the property to allow for expansion of the existing commercial structure at 225 W. Jackson Street. The property currently consists of two (2) separate lots. The Dunn’s have submitted a combination plat to combine this into one (1) lot. The current structure for Dunn’s Car Care and Tire Center, Inc., located at 225 W. Jackson Street is located on the northern property line, which is also the zoning boundary from CG to RS-10. On August 10, 1995, the Board of Zoning Appeals granted a conditional special exception to COOKEVILLE PLANNING COMMISSION 2 SEPTEMBER 23, 2019 allow parking on the residential zoned property, and also approved a thirty (30) foot reduction to the rear yard setback for the lot that had frontage on West Jackson Street. The properties were zoned C-3 and R-1, respectively, at that time. The Dunn’s allowed the 1995 BZA action to expire. On May 1, 1998, they again submitted a request for a special exception to allow parking on the residential zone lot and for a thirty (30) foot rear yard setback reduction. The Board of Zoning Appeals determined that the property should be combined, and no setback variance would be necessary. The BZA granted conditional approval, subject to consolidating into one (1) lot, and that the lot cannot be subdivided and sold, with security fence installed and pine trees planted as a buffer, and no entrance on R-1 on Polly Drive. No plat was ever submitted to combine the lots, but a deed was recorded. As stated, a combination plat has been submitted to combine the properties. When this special exception was granted to allow a residentially zoned property to support a parking lot for a commercial use, the commercial impact was created. The current zoning code does not allow for this type of special exception. With the combination plat submitted, the primary frontage of the property will be from West Jackson Street. In opinion of the Planning Department, approval of the rezoning is justified due to the use of the property, and rezoning will be no more impactful than the existing approved use. Recommendation: Approval of rezoning Kay Starkweather made the motion to approve the request as submitted. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF WEST TOWNE VILLAGE, 50 SINGLE FAMILY DETACHED LOTS LOCATED OFF BROADWAY AVENUE. REQUEST SUBMITTED BY BERNHARDT CONSTRUCTION. THIS ITEM WAS POSTPONED FROM THE AUGUST 26TH PLANNING COMMISSION MEETING. Jon Ward stated that developer Aaron Bernhardt has submitted for approval a Preliminary Plat of West Towne Village, a 50 lot single family detached subdivision of his property located off of Broadway Avenue. (The plat was taken for study in August as 55 lots which was subsequently reduced to 50 due to sewer capacity limitations). Analysis: The subject property is identified on Tax Map 039 as Parcel 157.03 and contains approximately 13.22 acres. The property has been recently rezoned from RS-20 to RS-5 (both single-family residential) per Ordinance #O190709 effective as of 9/20/2019. Adjacent property to the west is also zoned RS-20, property to the south is zoned CL (Local Commercial) and the remaining adjoining properties to the east and north are zoned RS-15 (Single Family Residential). At the August 26, 2019 the Planning Commission approved 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. This amendment is still under consideration by the City Council. Three (3) new interior streets are proposed and the developer has requested to reduce the right- of-ways to 40’ with curb and gutter to be installed on both sides. Public Works Director Greg COOKEVILLE PLANNING COMMISSION 3 SEPTEMBER 23, 2019 Brown recommends Planning Commission approval of the request on the condition that sufficient utility easements are provided. West Towne Village Road will be a looped street that connects the southern and northern portions of the site to Broadway Avenue. Brook Hill Drive and Oak Grove Drive are platted as east-west streets that will connect to Broadway Avenue to the east and West Towne Village Drive to the west. This arrangement will provide a total of four (4) access points for vehicular movement and circulation. New five (5) foot wide sidewalks are to be constructed along one (1) side of all the new streets as depicted on the plat. Public Works requires that a typical street cross section be shown on the plat. An unnamed blue line stream runs north to southeast in the western area of the property through a USFWS identified wetland area. Public Works states this stream requires a riparian buffer to be measured 30’ from the top of each bank and an Aquatic Resource Alteration Permit (ARAP) also is required. In addition, the wetland must be delineated and submitted to Public Works along with explicit concurrence by TDEC. Plans for water (including hydrants) and sewer are in the process of being prepared by Clinton Engineering and once approved by the state must be submitted to the Water Quality Control Department. As indicated on the plat, an existing 20’ sewer easement will be relocated by the developer. In addition to new hydrants in the development, the Codes Department advises that the houses in the development will be required to have residential sprinkler systems installed to meet current building codes. All electric is to be installed underground per CED specifications and the developer will be responsible for the cost of upgrading any poles for street lighting. The developer has made the decision not to install natural gas in the subdivision even though it is available. Recommendation: Approval of the request to reduce the right-of-ways to 40 feet as recommended by Public Works and conditional preliminary plat approval subject to the following:  City Council must finalize action regarding the Zoning Code amendment for the RS-5 zoning district approved by the Planning Commission on August 26, 2019 before the development may proceed  Developer must schedule and attend a pre-construction meeting with all the appropriate city departments  Developer understands and agrees that all right-of-ways must be cleared prior to any installation of utilities  Developer must submit a street plan and profile with storm sewer and sidewalk details to the Department of Public Works for all new streets. Plan shall include typical road section, subgrade, base width and asphalt width  Developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Department of Public Works  Developer must obtain an ARAP permit as required by Public Works  Developer must submit written concurrence from TDEC regarding delineation of the wetland  Developer must submit state approved water (including fire hydrants) 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 COOKEVILLE PLANNING COMMISSION 4 SEPTEMBER 23, 2019  Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications  Completion of corrections or additions to the plat as required by the Planning Department and/or other appropriate city departments Jim Cobb asked why natural gas lines aren’t being installed on the property. Jon Ward explained that natural gas is not a required utility to be installed and that it is up to the developer whether the lines are installed. He stated that there is area to install it in the future if necessary due to the easements that were provided. There was concern with the reductions of right-of-way to make sure there was enough room to install all utilities to support the lots. Jim Cobb asked what would happen if residents were to want natural gas, what would happen. Jon Ward responded that the City will be required to install the lines at their expense, which is what the case is with all developments. Project Developer Aaron Bernhardt stated that the homes will be 1,200 to 1,300 square feet and will be all electric heating and doesn’t want to install gas lines to sit for a number of years and not be used. Jim Cobb made the motion to approve the request recommended by staff. Daniel Odom seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVED. CONSIDER FOR ACTION A SIX (6) MONTH EXTENSION FOR THE PRELIMINARY PLAT OF 700 BROAD, 43 LOTS LOCATED ON EAST BROAD STREET. REQUEST SUBMITTED BY CHAD GILBERT. Ken Young stated that Chad Gilbert with Putnam Properties has submitted for approval a request for a six (6) month extension of the Preliminary Plat of 700 Broad, a single family residential development on East Broad Street with secondary access to East Spring Street. The plat was originally approved by the Planning Commission on April 23, 2018 as 43 lots on 3.75 acres. Since that time, additional adjacent property was acquired and the development was expanded to 63 lots on 5.45 acres. Subsequently, the Planning Commission granted conditional approval of a Revised Preliminary Plat in September 2018. The Subdivision Regulations provides that up to two (2) six month extensions of preliminary plat approval may be requested by the developer. Analysis: The subject property is identified on Tax Map 053L Group C as Parcels 016.00 and 016.01. A plat titled the Burgess Family Partnership Lot Line Revision was recorded in March that provides an ingress/egress access easement to East Spring Street. The portion of the property fronting East Broad Street is zoned RM-14 (Multi-family Residential) and the remainder is zoned CL (Local Commercial) The development site consists of approximately 3.75 acres. The adjacent parcel to the northeast is zoned RS-15 (Single-family Residential). The Saxony Apartments property to the southeast is zoned RM-14 and all adjacent parcels to the west are zoned CL. Construction on the site is actively proceeding. Recommendation: Conditional approval of the request for a six (6) month extension Preliminary Plat subject to the terms and conditions as established at the September 24, 2018 Planning Commission meeting. COOKEVILLE PLANNING COMMISSION 5 SEPTEMBER 23, 2019 Marcia Donovan expressed concern about the traffic increase on East Broad Street due to this development. Eunetta Jenkins expressed her traffic concerns on Ferguson Avenue and East Broad Street and asked where the entrance to the development will filter traffic. Jon Ward stated that entrances to this development will be on East Broad Street and East Spring Street. Tracy Cody made the motion to approve the request recommended by staff. Daniel Odom seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT EXTENSION APPROVED. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF PRELIMINARY PLAT OF EDGINGTON COURT, 25 LOTS LOCATED ON WEST BROAD STREET AND CHESTNUT AVENUE. REQUEST SUBMITTED BY JERRY GAW. Summary: Mr. Jerry Gaw of West Broad Partners has submitted a request for a six (6) month extension of the Preliminary Plat of Edgington Court, a 25 lot single family attached development of their property fronting West Broad Street and Chestnut Avenue. The plat was initially approved on March 27, 2017 and a six (6) month extension was granted on March 26, 2018. The plat was reapproved by the Planning Commission in September 2018 for a period of one (1) year. The Subdivision Regulations provides that up to two (2) six (6) month extensions of preliminary plat approval may be requested by the developer. Analysis: The subject property is identified on Tax Map 53B Group P as Parcel 005.04. The property is zoned CL, (Local Commercial) and consists of approximately 1.77 acres. Adjacent properties to the north and northeast are zoned MS, (Medical Services), remaining properties to the east are zoned CL as are two (2) parcels to the west. The remaining parcels to the west are zoned CL and RD, (Single-Family and Duplex Residential) respectively. The proposed development consists of 24 building lots and Lot 25 will encompass the remaining common areas. There have been no changes to the plat as previously approved. Development of the site is well underway. Recommendation: Approval of a six (6) month extension of the Preliminary Plat subject to the original terms and conditions specified at the March 27, 2017 meeting. Leslie Sullins Draper made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION VARIANCE FOR A FLAG LOT ON THE PROPERTY LOCATED AT 1240 BOYD FARRIS ROAD AND A FINAL PLAT OF LOT LINE ADJUSTMENT AND DIVISION FOR MELROSE PROPERTIES, LLC, 1 LOT LOCATED AT 1240 BOYD FARRIS ROAD. REQUEST SUBMITTED BY MELROSE PROPERTIES, LLC. Ken Young state that property owner Susan Hitz with Melrose Properties, LLC has submitted a request for a variance to allow the creation of one (1) flag lot and final plat approval of the Melrose Property on Boyd Farris Road, a proposed two (2) subdivision of their property at 1240/1250 Boyd Farris Road. COOKEVILLE PLANNING COMMISSION 6 SEPTEMBER 23, 2019 Analysis: The property is identified as Parcel 053.00 on Tax Map 83 and consists of approximately 1.91 acres. The site is zoned CI (Commercial Industrial Mixed Use) as are adjacent properties to the west and southwest. The remainder of the parcel is bounded by properties zoned LM (Light Manufacturing). The parcel contains one (1) existing single family residential structure (1250) and one (1) commercial warehouse structure (1240). As previously stated, the owners have requested that the Planning Commission consider granting a variance to allow a flag lot. A flag lot is defined in the Subdivision Regulations as “a lot which is accessed by a strip of land of a width less than the required street frontage and which is located behind another lot which meets the required street frontage.” Article X Section G of the Subdivision Regulations specifies that flag lots shall be permitted only for existing lots of record and upon the approval of a variance by the Planning Commission subject to the following conditions: a. The parcel of land proposed for subdivision to include a flag lot shall have depth to width ratio exceeding 2:1. b. No access strip shall be less than 25 feet in width for its entire length. c. The access strip shall provide access for only one lot and shall be deeded and platted as a part of the building site. No building or structure shall be located in the access strip. d. The access strip shall not exceed 500 feet in length and no more than two access strips shall be located side-by-side. e. The point where the access strip abuts the public street shall be safe for vehicular ingress and egress as far as visibility and grade are concerned since, unlike conventional lots, flag lots have no other alternatives for driveway locations. f. All required building setbacks shall apply and be measured from the boundaries of the portion of the lot excluding the access strip. g. The developer shall restrict the flag lot from further subdivision unless a street meeting all requirements, including right-of-way, is constructed. Said restriction shall be placed on the Final Plat. In no case shall a flag lot be used to avoid constructing a street to the required standards. The property is served by an existing six (6) inch waterline located in the road right-of-way and there is an existing hydrant located within the required proximity. Although there is now access to public sewer neither of the structures are connected. The existing structures share a subsurface septic system that is depicted on Lot 2 and an easement is provided to share access to the system with Lot 1. In addition, utility easements are shown across the north and south boundaries of Lot 1 to allow flexibility for utility access to Lot 2. The subject property is 25’ from the road centerline so no right-of-way dedication is required. Current GIS data indicates that no portion of the subject property is located in a Special Flood Hazard Area and no area of the property is in a Sinkhole Retention Area. Finally, the warehouse building on Lot 1 is required to have a minimum of seven (7) parking spaces and this availability will not be reduced by the subdivision of the property. Recommendation: It is the opinion of the Planning Staff that the petitioner has met the criteria for a flag lot and therefore recommends that the variance be granted. Planning Staff recommends conditional approval subject to any additions and/or corrections as required by the Planning Department and/or other city departments. COOKEVILLE PLANNING COMMISSION 7 SEPTEMBER 23, 2019 Susan Hitz, current property owner, explained that they don’t have a use for the house on their property and they would like to divide the lot. Leslie Sullins Draper made a motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion passed unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF SCENIC BLUFFS SUBDIVISION, EIGHT (8) LOTS LOCATED OFF SOUTH JEFFERSON AVENUE AND INTERSTATE DRIVE. REQUEST SUBMITTED BY BARRY REESE ON BEHALF OF SCENIC DRIVE PARTNERS, LLC. Jon Ward stated that developer Jere Wright on behalf of Scenic Drive Partners, LLC has submitted for approval a Preliminary Plat of Scenic Bluffs Subdivision, an eight (8) lot commercial development of property located on Interstate Drive and Scenic Drive. Analysis: The subject property is identified on Tax Map 066 as Parcel 058.07 and Group A Parcels 001.00 through 018.00 and consists of approximately 12.49 acres. Lot 1 fronting Interstate Drive is zoned CG (General Commercial) as are adjacent properties to the east and west. Lots 2-8 are zoned CR (Regional Commercial) as is the adjacent property to the west (Shoppes at Eagle Point). All remaining adjacent properties to the north, east and south are zoned CG (General Commercial). The site was subdivided in 1969 by the Wrightview Estates Subdivision Plat, which included some platted right-of-ways that were never constructed. Since that time portions of the platted right-of-ways have been closed by the City of Cookeville and conveyed to the owners. Specifically, in June of 1998, the City Council approved an ordinance closing a portion of the right-of-ways in Wrightview Estates. A quitclaim deed was issued transferring ownership of the portions of the right-of-ways in March, 2011. In July, 2011, an amended order was issued with the Putnam County Chancery Court that voided the quitclaim deed, and established additional closures and ownerships of the rights-of-way. The developer intends to request that the City close additional right-of-ways from the 1969 Wrightview Estates Plat. However, the amended order is contradictory, and the developers will be required to provide the Planning Department with details on what rights-of-way will need to be closed and abandoned by the City of Cookeville. All of the lots will have access from proposed private interior access easements as shown on the plat. A new private street shown on the plat within the previously platted East View Lane has a 60’ right-of-way to allow for the construction of two (2) travel lanes with room for a center turn lane if needed in the future. Although not shown currently on the plat, new five (5) foot wide sidewalks will be required on one (1) side of the new streets. Public Works requires the submission of complete street plans and profiles and storm water management plans for their engineers to review. The developers have not yet enlisted the services of an engineering firm to design the streets, drainage system and utilities. Water Quality Control requires the submission of state approved water and sewer plans. The Electric Department requires that all electric is to be installed underground per CED specifications and easements will be required as needed once routes are determined. The property is encumbered by a 200’ wide TVA powerline easement that crosses the southern portion of the property from west to southeast. Although no structures can be built within the easement, driveways, parking areas and storm water detention/retention areas are allowed. COOKEVILLE PLANNING COMMISSION 8 SEPTEMBER 23, 2019 Current GIS data indicates that no portion of the subject property is located in a Special Flood Hazard Area and no area of the property is in a Sinkhole Retention Area. However, Public Works has advised there is an existing stand pipe in a sinkhole within the access easement shown on Lot 1. The developer has advised that this easement is very likely to be relocated to the east away from the stand pipe. The primary topographic challenge on the site involves designing streets within acceptable grade requirements to overcome the steep slopes. The developers believe that a design can be engineered to meet the street standards. 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. In addition, a Storm Water Maintenance Agreement will be required as a condition of final plat approval by Public Works. Recommendation: The Planning Department recommends conditional approval of the preliminary plat subject to the following:  Developer must provide the Planning Department with details regarding what right-of-ways they intend to request the City to close and abandon  Developer must then request the closure and abandonment of the remaining portions of the aforementioned platted right-of-ways. Furthermore, developer understands and agrees that no work within these areas can begin until the closure process is completed by the City of Cookeville  Developer must schedule and attend a pre-construction meeting with all the appropriate city departments before beginning construction  Developer must submit a grading plan and obtain a grading permit before beginning construction  Developer understands and agrees that all right-of-ways must be cleared prior to any installation of utilities  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 and asphalt width  Developer must submit state approved 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 by the Planning Department and/or other appropriate city departments Daniel Odom made a motion to approve the request recommended by staff. Tracy Cody seconded the motion and the motion passed unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 9 SEPTEMBER 23, 2019 STUDY ITEMS: (1) CONSIDER FOR STUDY PRELIMINARY PLAT OF BROOK VIEW SUBDIVISION, 16 LOTS LOCATED OFF BROOK VIEW DRIVE AND CORA ROAD. REQUEST SUBMITTED BY ERB PROPERTIES, LLC. (2) CONSIDER FOR STUDY REQUEST TO REZONE PROPERTY AT 2090 AND 2070 FOUNTAIN CIRCLE (TAX MAP 040D GROUP C PARCEL 002.00 and 004.00) FROM CI (COMMERCIAL-INDUSTRIAL MIXED USE) TO HM (HEAVY MANUFACTURING). REQUEST SUBMITTED BY JOEL DEASON. (3) CONSIDER FOR STUDY REQUEST FOR AMENDMENT TO ZONING CODE BY REMOVING SECTION 3 FROM 212.4D. REQUEST SUBMITTED BY TERESA ARMSTRONG. (4) CONSIDER FOR STUDY ESTABLISHMENT OF RAO, “REDEVELOPMENT AREA OVERLAY” DISTRICT FOR PROPERTIES IDENTIFIED AS PARCELS 6.01, 7.00, 8.00, 8.01, 9.00, 10.00, 11.00, & 12.00 ON TAX MAP 40F “C” AND LOCATED AT 1919, 1913 & 1901 N WASHINGTON AVE, 420, 430, 502, 512, & 518 EAST JERE WHITSON ROAD. REQUEST SUBMITTED BY AARON BERNHARDT. Leslie Sullins Draper 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:  JOHN & KIM SCHINKAI DIVISION – TWO (2) LOTS AT THE CORNER OF EAST HUDGENS STREET AND HILL AVENUE – JOHN & KIM SCHINKAI  COLLEGE HEIGHTS NO. 2 – TWO (2) LOTS ON W. WHITE OAK DRIVE – DENNIS CHAFFIN ADJOURNMENT: 6:14 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION