Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES DECEMBER 16, 2019 The Cookeville Planning Commission met on Monday, December 16, 2019 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Cobb, Tracy Cody, Judy Jennings, Daniel Odom, James Stafne, Kay Starkweather, Leslie Sullins Draper, Chris Wakefield and Eric Walker MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: Jon Ward, Ken Young, James Mills and Haley Dickson STAFF MEMBERS ABSENT: None. OTHERS PRESENT: Daniel Donovan, Ben Wheeler, Rafferty Cleary, Lauren Shibakov, Michael Petty, Keith Lilly, Don Smith, and Virginia Alexander 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. Leslie Sullins Draper seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF NOVEMBER 25, 2019. Jim Cobb made the motion to approve the minutes of November 25, 2019. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST FOR CLOSURE OF THE EASTERN PORTION OF AN ALLEY LOCATED BETWEEN 64 EAST 1ST STREET AND 204 CHERRY AVENUE. Jon Ward stated that Mr. Daniel Donovan and Mr. Jason McCormick have submitted a request to close and abandon the eastern portion of an alley located off Cherry Avenue, between 64 East 1st Street and 204 Cherry Avenue. Specifically, the request is for the closure and abandonment of approximately 100 feet of the eastern portion of the alley. The alley is approximately sixteen (16) feet in width. Analysis: The subject alley is contiguous with Mr. Donovan’s property located at 64 East 1st Street (Tax map 053B, Group G, Parcel 010.00), zoned CN, Neighborhood Commercial, and Mr. McCormick’s property at 204 East Cherry Avenue (Tax map 053B, Group G, Parcel 011.00) zoned RS10, Single Family Residential. Mr. Donovan has purchased the property at 64 East 1st Street, which is the previous location of Diversified Graphics. Mr. Donovan had provided a draft plan to renovate the building for a professional office and to install required parking. The alley area will be included within a required buffer area to the single family zoned property to the north owned by Mr. McCormick. The letter submitted for the closure states that the goal is to keep the alley as green space. As depicted on a submitted survey, the area requested for closure consists of 1,586 total square feet. The subject alley is not depicted on the current Putnam County Tax Maps. The alley was discovered by the surveyor for the project as included on the Freeze Addition plat, recorded on Book 1, Page 336, April 1, 1909. The alley was included on the July 10, 1963 Putnam County Tax Maps, depicted as a future street. COOKEVILLE PLANNING COMMISSION 2 DECEMBER 16, 2019 The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following:  Submittal of written request and payment of fee  Submittal of survey  Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (it is city policy that all adjoining property owners have the right to purchase, if closure and abandonment are approved, one-half the right-of-way along which the property is contiguous)  Review by applicable city departments  Review and approval of Planning Commission  Approval of City Council  Purchase of property based on a value established by the City Manager (any appraisal and/or recording costs to be paid for by the petitioner) All applicable city departments have reviewed the closure and abandonment request. No comments or concerns were offered by any city department regarding the request. An analysis of the surrounding property values provides a value of $2.53 per square foot. This value is determined by the land market value as included in the real estate assessment data. The petitioner does have the option to provide a market appraisal of the property to establish the value. Recommendation: Approval of the request for closure and abandonment and declaration as surplus property the portion of the alley identified on the provided survey. Dr. Daniel Donovan stated that his intent with the property is to renovate the building and keep it cohesive with the surrounding historic properties. Leslie Sullins Draper made the motion to approve the request as submitted. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION REVISED PRELIMINARY PLAT/FINAL RAO PLAN OF MAGNOLIA CREEK, 56 LOTS LOCATED OFF FREEHILL ROAD. REQUEST SUBMITTED BY KMJ PROPERTIES, LLC. Jon Ward Stated that Mr. Michael Petty, on behalf of property owner KMJ Properties LLC, has submitted for approval a Revised Final RAO (Redevelopment Area Overlay) Plan and Preliminary Subdivision Plat for Magnolia Creek. The revised plan includes 56 lots located off Freehill Road on Juniper Drive, Hemlock Circle and Fembrook Way in the Magnolia Creek Development. Analysis: The Planning Commission, at its March 2017 meeting, approved a Preliminary RAO Concept Plan for the Magnolia Creek Development. The initial RAO plan for the proposed development included 52 single-family detached dwellings with lot size, setback and right-of- way reductions. The City Council, through Ordinance Number O17-04-06, established the RAO district. The Ordinance was approved on second and final reading by the City Council at its May 18, 2017 meeting and became effective on June 2, 2017. The Preliminary Plat/Final RAO Plan was approved by the Planning Commission on July 24, 2017. This Preliminary Plat, Final RAO Plan included 51 lots in two (2) phases. A Final Plat of Phase I of the development was approved by the Planning Commission on July 23, 2018, which included 25 single family detached residential lots. This was a reduction of one (1) unit for Phase I from the approved Preliminary Plat, Final RAO Plan. COOKEVILLE PLANNING COMMISSION 3 DECEMBER 16, 2019 The RAO District was created as a mechanism for the redevelopment, revitalization, rehabilitation, and general improvement of areas within the City of Cookeville. Within RAO districts, the city may waive or modify certain development requirements to provide incentives for redevelopment, including increases in density, reduction of setbacks, and reductions of lot sizes. To adjust to market demands, the developers for the project have submitted a revised Final RAO Plan and Preliminary Plat for consideration, which includes an increase in the number of homes. Section 232A.15H. of the Zoning Code, Modification to the Final RAO Plan states that “Minor modifications to the Final RAO Plan may be submitted to the Planning Department for review and approval. If the Planning Department determines that the modification is substantially different from the Preliminary RAO Plan and/or involves a change in the intent of the character of the RAO, then the modification shall be considered an amendment and will be forwarded to the Planning Commission for approval, at which time a Public Hearing will be held. The addition of any use not approved in the Final RAO Plan as well as any increases in the number of dwelling units shall be considered amendments requiring the approval of the Planning Commission.” Section 232A.15G.2. of the Zoning Code provides that “The Final RAO Plan shall substantially conform to the Preliminary RAO Concept Plan, and will be submitted for the entire RAO. The addition of any use not approved in the Preliminary RAO Concept Plan, any increases in the number of dwelling units, or other substantial changes as determined by the Director of the Planning Department shall require the submittal of an amended Preliminary RAO Concept Plan which shall be approved by the Planning Commission and City Council.” Construction of the residential structures for Phase I of the development is substantially complete. The developers have made minor changes to Phase I, including swapping some of the structures on the lots, and a minor front setback reduction for lots 19 and 20. These changes were considered minor changes, and were approved administratively as allowed by the Zoning Code. The revised plan does include reductions in lot sizes for lots 24 and 25 within Phase I. An amended Final Plat of Phase I of the development can be approved administratively. The street and utility infrastructure for Phase II of the development is also significantly complete at this time. The revised plan proposes increase in the number of lots and dwellings and a revised layout of Phase two (2) of the development. This includes an increase of five (5) single family units. The initial plan included floor plans for five (5) different layouts, 3 two (2) bedroom layouts and 2 three (3) bedroom layouts. The layouts consisted of varying dwelling sizes of 630, 1,008, 1,182, 1,343 and 1,611 square feet. The dwellings are sided with board and batten siding and split face block is used for the foundation above grade. The revised plan eliminates the two (2) story structures (1,182, 1,343, and 1,611 square feet layouts) from Phase II of the development and includes an additional two (2) bedroom layout that consists of 870 square feet. Proposed Phase II of the development will include all one (1) story units in three layouts consisting of 630, 870 and 1,008 square feet. The approved Final RAO Plan included 62 bedrooms in Phase II. With the proposed addition of five (5) two bedroom units and the elimination of three (3) bedroom units, Phase II of the development will have the same number of bedrooms (62) as initially approved. These five (5) additional units will also include two (2) off street parking spaces, which will increase the number of parking spaces for the development by ten (10) without increasing the number of bedrooms. The revised plan also incorporates an increase in carports on the proposed units in Phase II from three (3) units with carports on the initial plan to fifteen (15) units with carports on the revised plan. The proposed revised plan maintains the same minimum building setbacks as previously approved, ten (10) foot front, five (5) foot side and rear. COOKEVILLE PLANNING COMMISSION 4 DECEMBER 16, 2019 As the infrastructure is substantially complete for Phase II of the development, the proposed revised layout includes some conflicts with the driveway locations and the locations of installed electric transformers and water meters and sewer connections. The developers are aware of these conflicts and are prepared to relocate these utilities where the relative utility departments deem necessary. The Water Quality Control Department has approved the increase of five (5) additional units for sewer service. Also, if approved, revised sewer designs will need to be submitted to the Water Quality Control Department to serve lots 53, 54, 55, and 56. The total proposed 56 dwelling units is approximately 53 units less than could have been constructed under the existing RM-8 zoning (12.5 acres), which requires a minimum of 5,000 square feet of land area per dwelling unit. Under the provisions of the RAO district a density bonus of up to 20 units per acre may be approved. The developers did not request a density bonus through the RAO zoning, but did request flexibility in the minimum lot size and setback requirements. Setbacks of ten (10) feet for the front and five (5) feet side and rear yards were depicted. The revised plan includes only single family detached structures, as approved on the initial plan. The revised plan does not propose changes to the streets which are substantially complete. Any utility conflicts will need to be addressed accordingly. Recommendation: Approval of Revised Final RAO Plan/Preliminary Plat for Magnolia Creek for the addition of five (5) single family detached dwellings for a total of 56 units, including revised floor plans and lot line adjustments, subject to any required utility relocations as determined by applicable departments, subject to all previously approved conditions. Tracy Cody made the motion to approve the request recommended by staff. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST FOR A SIX (6) MONTH EXTENSION OF THE PRELIMINARY 10TH STREET PCD PLAN. REQUEST SUBMITTED BY JUSTIN CUMBY ON BEHALF OF TITAN DEVELOPMENT, LLC. Jon Ward stated that Mr. Justin Cumby, of Titan Development, LLC and the designated agent for the property owner Mary P. Qualls has submitted a request for a six (6) month extension of the Preliminary 10th Street PCD Plan. Analysis: The 10th Street PCD is a proposed Planned Commercial Development consisting of approximately 33 acres located at the southeast intersection of East 10th Street and North Old Kentucky Road, further identified as a portion of the property on Tax Map 041, Parcel 055.00. The Preliminary PCD Plan, as approved by the Planning Commission at its November 26, 2018 meeting, depicts a total of four (4) tracts of commercial development. The largest tract depicts the construction of a 52,106 square foot supermarket and accompanying fueling station. The plan also depicts six (6) other smaller commercial structures, comprising approximately 37,625 square feet of retail space and approximately 18,050 square feet of office space proposed on the other three (3) tracts. The development includes approximately 107,781 square feet total of retail and office space on the subject property. The Cookeville City Council, through Ordinance Number O18-12-32, approved the rezoning to PCD for the development at its January 17, 2019 meeting. Said Ordinance became effective 14 days after adoption (January 31, 2019). Section 224.19B(6) of the Zoning Code provides that the Preliminary PCD Plan will expire six (6) months after the effective date of the rezoning action by the City Council, if no Final PCD Plan has been submitted to and approved by the Planning Commission. This same section provides that extensions, totaling no more than 18 months after the effective date of rezoning action by the City Council, may be granted by the Planning Commission upon written request by COOKEVILLE PLANNING COMMISSION 5 DECEMBER 16, 2019 the developer. The Planning Commission granted an extension to the development on June 24, 2019. This action extended approval for the development through January 31, 2020. Mr. Cumby has submitted a request for a second six (6) month extension of the approval of the Preliminary PCD Plan. This action would extend approval of the preliminary PCD Plan form the current expiration date of January 31, 2020 through July 31, 2020. This will be the final extension allowed under Section 224.19B(6) of the Zoning Code. If no final PCD Plan has been presented to and approved by the Planning Commission prior to July 31, 2020, the PCD action will expire and the property will revert to the previous RS10 Single Family Residential Zoning District. Recommendation: Approval of 6 month extension of the Preliminary 10th Street PCD Plan subject to the same conditions as previously established by the Planning Commission and City Council. Kay Starkweather made the motion to approve the request recommended by staff. Daniel Odom seconded the motion and the motion carried unanimously. STAFF RECOMMENDATIONS APPROVED. CONSIDER FOR ACTION TO ACCEPT AND RECOMMEND THE COOKEVILLE PEDESTRIAN AND BICYCLE CIRCULATION PLAN UPDATE. REQUEST SUBMITTED BY STAFF. Jon Ward stated that The City of Cookeville applied for and was awarded a Community Transportation Planning Grant from the Tennessee Department of Transportation (TDOT) to update the 2003 Pedestrian and Bicycle Circulation Plan. Analysis: The TDOT Community Transportation Planning Grant program is a grant program to assist rural communities with planning efforts that define the transportation cohesiveness between multimodal transportation systems and local land use objectives that achieve statewide transportation goals. The program aids with the creation of planning documents that support improvements in traffic flow, safety, and overall efficiency of the transportation system and provides governments with planning resources to achieve community visions as related to transportation and land use needs that promote future economic growth. Consulting firm Gresham Smith was selected to prepare the plan update and work on the plan began in March of 2019. The City of Cookeville worked with Gresham Smith to facilitate a number of internal and public meetings to develop the plan update. A citizen committee was also formed to participate in the plan development. Gresham Smith utilized a number of online surveys and mapping resources to solicit public opinion on the 2003 plan and on proposed updates to the plan. For grant close out purposes, TDOT requires the Planning Commission approve a resolution accepting the plan update. The Planning Department will utilize and incorporate the plan into the appropriate elements of the Cookeville 2030 Plan, and forthcoming updates to the plan. Recommendation: Approval of Resolution to Accept and Recommend the Cookeville Bicycle and Pedestrian Plan Update to the City Council. Keith Lilly gave his comments and suggestions on the proposed plan listed below. 1. Pictorially the map (Figure 7) of the school zones and the highest density bike/ped demand just looked to me like there is opportunity for facilities that could link these areas into a loop. It may already exist with the proposed sidewalks, greenways, bike facilities within the plan. However, maybe we need to focus more attention on such a loop - sort of from an administrative/education perspective - as the plan mentions. COOKEVILLE PLANNING COMMISSION 6 DECEMBER 16, 2019 2. The maps for the bike (Figures 10 & 11) and pedestrian (Figures 12 & 13) facilities show sidewalks surrounding the Eagle Pointe commercial development - which is great. However, as I pass all the new housing that has been built across from the fairgrounds, it appears that some nice short-cut sidewalks or greenways that could connect the housing to the stores might help keep a lot of short-distance vehicle traffic off the surrounding roadways. Perhaps this would need to be a private undertaking as most of this may be private property. 3. Electronic bicycles (e-bikes) are becoming a more mainstream bicycle movement. Having recently tried one for myself, I can see how this is going to bring more bicycles to the transportation system. Even for strong and experienced cyclists, the e-bike will be appealing for faster/farther trips. As the prices reduce and more folks can afford the e-bikes our bicycle infrastructure facilities need to keep this trend in mind. 4. I did not see any mention of the bike/ped infrastructure having a synergistic relationship with the existing and/or future bus system(s) that may operate within the city and the surrounding county. I feel that it would be good to acknowledge something within the plan that tries to tie the bike/ped circulation together with the bus routes. 5. The Tennessee Central Trail (TCT) is the rail-trail that is overseen by the Tennessee Central Heritage Rail Trail Authority. 6. One final thought that I did not mention last evening...…….. The League of American Bicyclists (LAB) has a program called "Bike Friendly America". Our plan might mention this and use some of the guidelines from the LAB to help achieve more bike friendliness as they break it down to communities, school campuses, businesses, etc. Sam Glasgow mentioned that he had helped with the 2003 Pedestrian and Bicycle Plan and is wanting to expand the Tennessee Central Trail west toward Cane Creek and possibly move east in the future. Leslie Sullins Draper made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. STAFF RECOMMENDATIONS APPROVED. STUDY ITEMS: (1) CONSIDER FOR STUDY PRELIMINARY PLAT OF ELKINS TOWNHOMES, 42 LOTS LOCATED OFF NORTH WILLOW AVENUE. REQUEST SUBMITTED BY DONNIE ELKINS. Kay Starkweather made the motion to accept the items for study. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. STAFF REPORTS: (1) MINOR PLATS APPROVED & RECORDED:  BILL GRIMES DIVISION – TWO (2) LOTS LOCATED AT DENTON AVENUE, EAST 4TH STREET AND FERGUSON AVENUE – BILL GRIMES  EYE CENTERS OF COOKEVILLE REDIVISION, TRACT 2, PHASE IV – TWO (2) LOTS LOCATED AT OLD WALTON ROAD AND GUARDIAN WAY – RKB GROUP