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Planning Commission

Regular Meeting

Cookeville, TN · June 28, 2021

AgendaMinutes

Minutes

COOKEVILLE PLANNING COMMISSION MINUTES JUNE 28TH, 2021 The Cookeville Planning Commission met on Monday, June 28th, 2021 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Cobb, Chad Gilbert, Judy Jennings, Lauren Metts, Jim Stafne, Kay Starkweather, Leslie Sullins, Eric Walker & Jim Woodford. MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: Jon Ward, Ken Young & Haley Dickson. STAFF MEMBERS ABSENT: James Mills. OTHERS PRESENT: Janet Green, Allison Dudney, Betsy Scarisbrick, Sue Smith, Tom Sergio, Linda Sims, and Kate Scurlock. ESTABLISHMENT OF QUORUM: Chairman Stafne announced that a quorum was present for the meeting. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Jim Cobb made the motion to approve the agenda as submitted. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MAY 24TH, 2021. Kay Starkweather made the motion to approve the minutes of May 24th, 2021. Leslie Sullins seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST TO CLOSE, ABANDON AND DECLARE AS SURPLUS PROPERTY A PORTION OF AN UNDEVELOPED RIGHT-OF-WAY LOCATED OFF POLLY DRIVE. REQUEST SUBMITTED BY JONATHAN MCNABB OF V3 VENTURE PARTNERS. DEVELOPER HAS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE JUNE 23RD PLANNING COMMISSION MEETING. Kay Starkweather made the motion to approve the postponement request. Jim Cobb seconded the request and the request carried unanimously. APPROVED. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF KACIE AVENUE DIVISION, SIX LOTS LOCATED AT 621 WEST STEVENS STREET. REQUEST SUBMITTED BY BOBBY & JOY CUNNINGHAM. Jon Ward stated that developer Mr. Andy Milton on behalf of property owners Bobby and Joy Cunningham has submitted a request for a six (6) month extension of the preliminary plat of the Kacie Avenue Division, a six (6) lot single family attached development of their property located at the corner of West Stevens Street and Kacie Avenue. This proposal was taken for study by the Planning Commission at the May 18, 2020 meeting and was conditionally approved on June 22, 2020. Analysis: As provided in Article II, Section D, Subsection 9 of the Subdivision Regulations, a six (6) month extension can be applied for by the developer and granted by the Planning Commission provided a $50.00 fee is submitted with the request. The developer has submitted the fee along with a written request for an extension. Significant progress has occurred on the site and there have been no changes made to the plat since the preliminary plat was originally approved. Recommendation: Approval of the request for a six (6) month extension of the Preliminary Plat subject to all conditions established by the Planning Commission on June 22, 2020. COOKEVILLE PLANNING COMMISSION 2 JUNE 28TH, 2021 Leslie Sullins made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE RESUBMISSION OF THE PRELIMINARY PLAT OF CONCORD SUBDIVISION, 18 LOTS LOCATED ON EAST JERE WHITSON ROAD. REQUEST SUBMITTED BY DEALMAKERS. Jon Ward stated that owner/developers Larry Burgess and David Burnett with Dealmakers have submitted for approval a resubmittal of the Preliminary Plat of Concord, a 29-lot residential development of their property located at the eastern intersection of North Washington Avenue and East Jere Whitson Road. The plat was submitted and taken for study at the April 2020 Planning Commission meeting and was conditionally approved on May 18, 2020. This approval was valid for 12 months and expired on May 18, 2021. Analysis: Site development is well underway and there have been no changes to the plat since it was approved in May 2020. Recommendation: Approval of the preliminary plat resubmittal subject to all conditions established by the Planning Commission on May 18, 2020. Jim Woodford made the motion to approve the request submitted by staff. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE REZONING OF 439 EAST 6TH STREET AND A PORTION 535 NORTH WASHINGTON AVENUE (TAX MAP 053-C D 007.00) AND 439 EAST 6TH STREET (TAX MAP 053-C D 006.00) FROM RS-15 (SINGLE-FAMILY RESIDENTIAL) TO RS-10 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY DONNIE SUITS. Jon Ward stated that Mr. Donnie Suites, on behalf of property owners Peggy O’Neal Cathey and Ellen McGugin, submitted a request to rezone from RS 15, Single Family Residential to RS 10, Single Family Residential property located at 439 East 6th Street and a portion of the property at 535 North Washington Avenue. Analysis: The subject properties are identified as Tax Map 053C, Group D, Parcel 006.00 (439 th East 6 Street, McGugin) and a portion Tax Map 053C, Group D, Parcel 007.00 (535 N. Washington Avenue, Cathey). The area consists of approximately 0.57 acres. The site is bordered by RS 10 to the east and RS 15 to the north, west and south. The rezoning application was submitted to subdivide the Cathey property into two (2) lots, which will result in a new building lot for single family construction. A submitted subdivision plat depicts two (2) lots, lot one (1) consisting of 0.61 acres (26,390 square feet) with the existing home at 535 North Washington Avenue and a vacant building lot with frontage on East 6th Street consisting of approximately 0.30 acres (13,003 square feet). The property at 439 East 6th Street consists of approximately 0.26 acres (11,761 square feet) and is non-conforming to the RS 15 Zoning District. The Future Land Use Concept Plan element of the Cookeville 2030 Plan depicts this area as best suited for lower density residential development. The RS 10 District is compliant with the Future Land Use Plan. The rezoning action would extend the RS 10 District to include the existing non- conforming lot and bring that lot into conformance with the minimum lot size requirement of the zoning code. The Cathey property proposed for subdivision would maintain the minimum lot size required in the RS 15 Single Family Residential District. Recommendation: Approval of the rezoning request. Jim Woodford made the motion to approve the request recommended by staff. Chad Gilbert seconded the motion. Votes: Jim Stafne – aye, Judy Jennings – nay, Jim Cobb – aye, Chad Gilbert – COOKEVILLE PLANNING COMMISSION 3 JUNE 28TH, 2021 aye, Lauren Metts – aye, Kay Starkweather – aye, Leslie Sullins Draper – nay, Eric Walker – abstain, Jim Woodford – aye. Motion Carried. APPROVED. CONSIDER FOR ACTIONS THE FINAL PLAT OF RESERVE PHASE II, SIX (6) SINGLE FAMILY DETACHED RESIDENTIAL LOTS. SUBMITTED BY DESIGN DEVELOPMENT, LLC. Jon Ward stated that Mr. Tom Sergio, on behalf of Design Development of TN LLC, has submitted for approval the Final Plat of the Reserve at the Country Club Phase II Subdivision, a six (6) lot development located off Bobby Nicholas Drive adjacent to Phase I. The area is identified as a portion of the remainder of Parcel 027.00 on Tax Map 41 and consists of approximately 1.991 acres. Phase I was started in 2008 and approximately 75% of the lots have been developed to date. The Preliminary Plat for Phases II, III & IV was conditionally approved on April 27, 2020 and a six (6) month extension was granted on April 26, 2021. Analysis: The development as well as adjacent areas, are all zoned RS-5, Single Family Residential. Phase II includes the extension of Bobby Nicholas Drive that terminates in a cul-de- sac. The new phase required the extension of water and sewer service, the provision of one (1) additional fire hydrant (which has been installed) and the installation of underground electrical service. New three (3) foot wide sidewalks are to be constructed along each side of the new cul-de- sac that are three (3) feet wide as was previously approved in Phase I. Rain gardens are to be constructed on each lot and along the new street between the curb and sidewalk as the lots are developed as has been done in Phase I. Public Works reports that construction of the new cul-de-sac must be completed including the repair of a soft area at the beginning of the street. Developer must submit $6,400 for final street surfacing and an irrevocable letter of credit for $5,000 to guarantee sidewalk construction. This guaranteed may be for up to a five (5) year period. Developer to also submit $100 to Public Works for a stop sign. Water Quality Control requires the submission of “as-built” water and sewer record drawings. The Electric Department advises that all electric conduits have been installed and request that a 20’ utility easement be shown along the front of the lots. As all the infrastructure including the new cul-de-sac are to be public, the developer must also submit a $10,000 two (2) year irrevocable letter of credit for the required Warranty of Improvements. Recommendation: Conditional approval of the final plat subject to the following:  Developer to submit payment in the amount of $6,400 for final street surfacing  Developer to submit an irrevocable letter of credit in the amount of $5,000 to guarantee the completion of the sidewalks for up to a five (5) year period  Developer to pay Public Works $100 for a stop sign  Developer to submit “as-built” water and sewer record drawings to Water Quality Control  20’ wide utility easement to be shown along the front of the lots on the plat  Developer shall submit a two (2) year irrevocable letter of credit in the amount of $10,000 for the Warranty of Improvements  Completion of additions and/or corrections to the plat as determined necessary by the Planning Department and/or other city departments Jim Cobb made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. Study Items: (1) Consider for study request to close, abandon, and declare as surplus property a portion of undeveloped Joff Drive. Request submitted by Garry McNabb on behalf of the Teresa M. McNabb 2008 Real Estate Partnership. COOKEVILLE PLANNING COMMISSION 4 JUNE 28TH, 2021 (2) Consider for study the preliminary plat of Kensington Subdivision, 41 lots located on Buffalo Valley Road. Request submitted by Aaron Bernhardt. (3) Consider for study the preliminary plat of Encore Subdivision, six (6) lots located on East 10th Street. Request submitted by Capital Communities, LLC. Kay Starkweather made the motion to approve the study items. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. Staff Reports: (1) Minor Plats Approved & Recorded:  Keifer, Melinda Stone Trust Combination Plat, one (1) lot located on East 15th Street – Melinda Stone Keifer  855 East 10th Combination Plat, one (1) lot located at 855 East 10th Street – Donnita Hill  Pigeon Roost Lots 6 & 7 Re-combination Plat, one (1) lot located at 4190 Bunker Hill Road – Paula Garrett  Ellis, Kay & Steven Re-Division, two (2) lots located at Saddle Lane & Fisk Road – Steven & Kay Ellis.  Smith, James L. Lot Line Revision, two (2) lots located at South Willow Avenue – Margaret Smith  Judd Property, one (1) lot located at 1200 North Salem Road – Judd Family Trust  AMP Partnership Division, two (2) lots located at 517 Presley Lane & 518 Chestnut Avenue - AMP Partnership ADJOURNMENT: 6:22 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

Agenda

Cookeville Municipal Planning Commission Agenda June 28th, 2021 5:30 P.M. Action Items: (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of May 24th, 2021. (3) Consider for action a request to close, abandon and declare as surplus property a portion of an undeveloped right-of-way located off Polly Drive. Request submitted by Jonathan McNabb of V3 Venture Partners. Developer has requested that this item be postponed until the July 26th Planning Commission meeting. (4) Consider for action six (6) month extension of the preliminary plat of Kacie Avenue Division, six lots located at 621 West Stevens Street. Request submitted by Bobby & Joy Cunningham (5) Consider for action the resubmission of the preliminary plat of Concord subdivision, 18 lots located on East Jere Whitson Road. Request submitted by Dealmakers. (6) Consider for action the rezoning of 439 East 6th Street and a portion 535 North Washington Avenue (Tax Map 053-C D 007.00) and 439 East 6th Street (Tax Map 053-C D 006.00) from RS-15 (Single-Family Residential) to RS-10 (Single Family Residential). Request submitted by Donnie Suits. (7) Consider for actions the final plat of Reserve Phase II, six (6) single family detached residential lots. Submitted by Design Development, LLC. Study Items: (1) Consider for study request to close, abandon, and declare as surplus property a portion of undeveloped Joff Drive. Request submitted by Garry McNabb on behalf of the Teresa M. McNabb 2008 Real Estate Partnership. (2) Consider for study the preliminary plat of Kensington Subdivision, 41 lots located on Buffalo Valley Road. Request submitted by Aaron Bernhardt. (3) Consider for study the preliminary plat of Encore Subdivision, six (6) lots located on East 10th Street. Request submitted by Capital Communities, LLC. Staff Reports: • Keifer, Melinda Stone Trust Combination Plat, one (1) lot located on East 15th Street – Melinda Stone Keifer • 855 East 10th Combination Plat, one (1) lot located at 855 East 10th Street – Donnita Hill • Pigeon Roost Lots 6 & 7 Re-combination Plat, one (1) lot located at 4190 Bunker Hill Road – Paula Garrett • Ellis, Kay & Steven Re-Division, two (2) lots located at Saddle Lane & Fisk Road – Steven & Kay Ellis. • Smith, James L. Lot Line Revision, two (2) lots located at South Willow Avenue – Margaret Smith • Judd Property, one (1) lot located at 1200 North Salem Road – Judd Family Trust • AMP Partnership Division, two (2) lots located at 517 Presley Lane & 518 Chestnut Avenue - AMP Partnership COOKEVILLE PLANNING COMMISSION MINUTES MAY 24TH, 2021 The Cookeville Planning Commission met on Monday, May 24th, 2021 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Cobb, Judy Jennings, Lauren Metts, Jim Stafne, Kay Starkweather, Leslie Sullins, Eric Walker & Jim Woodford. MEMBERS ABSENT: Chad Gilbert. STAFF MEMBERS PRESENT: Jon Ward, Ken Young & Haley Dickson. STAFF MEMBERS ABSENT: James Mills. OTHERS PRESENT: Benjamin Armstrong, Ruperto Leon, Jack Stites & Lindsay Pride. 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 seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 26TH, 2021. Eric Walker made the motion to approve the minutes of April 26th, 2021. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST TO CLOSE, ABANDON AND DECLARE AS SURPLUS PROPERTY A PORTION OF AN UNDEVELOPED RIGHT-OF-WAY LOCATED OFF POLLY DRIVE. REQUEST SUBMITTED BY JONATHAN MCNABB OF V3 VENTURE PARTNERS. DEVELOPER HAS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE JUNE 23RD PLANNING COMMISSION MEETING. Jim Cobb made the motion to approve the postponement request. Leslie Sullins seconded the request and the request carried unanimously. APPROVED. CONSIDER FOR ACTION THE FINAL PLAT OF HOLLADAY HEIGHTS SUBDIVISION, THREE (3) LOTS LOCATED AT CLAY AVENUE AND FREEDOM AVENUE. REQUEST SUBMITTED BY UP HOLDINGS, LLC. Jon Ward stated that Mr. James Nelson on behalf of Up Holdings, LLC, has submitted for approval the Final Plat for Revised Lots 1-6 and 28-56 of Block I of the Holladay Heights Subdivision, a three (3) lot subdivision of property located at the corner of Freedom Avenue and Clay Avenue. Analysis: The property is identified on Tax Map 054D, Group B as Parcel 001.00, containing approximately 0.71 acres. Proposed Lot 2 contains an existing single-family house at 314 Freedom Avenue, proposed Lots 1 and 3 are vacant. The property is zoned RS-10 (single-family residential) and is adjacent to RS-10 to the east, north and west and HM, Heavy Manufacturing to the south. As per the Subdivision Regulations, the proposal does not require prior preliminary plat approval due to the fact it contains less than ten (10) lots, and all infrastructure is existing. There is a six (6) inch waterline on Freedom Avenue and Clay Avenue that serve fire hydrants located on the south side of the Clay Avenue and the north side of Freedom Avenue that are within the required proximity for fire protection. This water line transitions to a two-inch (2”) water line to serve the proposed lots. Eight- inch (8”) and twelve-inch (12”) gravity sewer lines serve the properties. There are no mapped natural geographic constraints on the property, such as sinkholes, wetlands or special flood hazard areas. COOKEVILLE PLANNING COMMISSION 2 MAY 24TH, 2021 Recommendation: Conditional approval of the Final Plat as submitted, subject to additions and corrections as requested by the Planning Department and/or other appropriate city departments. Kay Starkweather made the motion to approve the request recommended by staff. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE REVISED PRELIMINARY PLAT OF DOWNTON NORTH, 19 LOTS LOCATED ON EAST HUDGENS STREET. REQUEST SUBMITTED BY JERRY GAW. Jon Ward stated that developer Jerry Gaw has submitted a request for a second six (6) month extension of his Downton North Preliminary Plat, which is a 19-lot single family attached development of his property located between East Spring Street and East Hudgens Street across from Downton Square. A revised 20 lot plat was previously considered and approved at the November 25, 2019 Planning Commission meeting for a period of one (1) year. A six (6) month extension was granted with the revised 19 lot plat on November 23rd, 2020, which also served as a six (6) month extension of the preliminary plat. Analysis: As provided in Article II, Section D, Subsection 9 of the Subdivision Regulations, two (2) six (6) month extensions can be applied for by the developer and granted by the 2 Planning Commission provided a $50.00 fee is submitted with the request. Mr. Gaw submitted the fee along with his written request for another extension. Recommendation: Approval of the request for a second six (6) month extension of the preliminary plat subject to all conditions as established by the Planning Commission on November 19th, 2019. Jim Woodford made the motion to approve the request recommended by staff. Leslie Sullins seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE PRELIMINARY PLAT OF REESER PLACE, FIVE (5) LOTS LOCATED OFF MINE LICK CREEK ROAD AND REESER LANE. REQUEST SUBMITTED BY ANDY HAMMOCK. Jon Ward stated that Mr. Andy Hammock has submitted for approval the Final Plat for Reeser Place, a five (5) lot subdivision of property located at the corner of Reeser Lane and Mine Lick Creek Road. Analysis: The property is identified on Tax Map 065, as Parcel 005.02, containing approximately 2.99 acres. All proposed lots are vacant lots for single-family residential development. The property is zoned RS-20 (single-family residential) and is adjacent to RS-20 on all sides. The Subdivision Regulations do not require prior preliminary plat approval for subdivisions containing less than ten (10) lots, with existing infrastructure. All street and utility infrastructure is in place with the exception of a fire hydrant. The developers has requested conditional approval subject to installation of the required fire hydrant. There is a four (4) inch and thirty (30) inch waterline on Mine Lick Creek Road and a two (2) inch water line on Reeser Lane. No sanitary sewer services is available in the area. The properties will be served by subsurface sewage disposal (septic) systems and evaluated by the Tennessee Department of Environment and Conservation accordingly. No fire hydrant is located in the area to provide sufficient fire protection, and the development will require the installation of new fire hydrant. The Water Quality Control Department and Fire Department both reviewed this proposal prior to submittal of the plat. Upon their evaluation and recommendation, a new hydrant will be installed on the four (4) inch water line on Mine Lick Creek Road that will provide sufficient pressure and flow for fire protection. The WQC Department has negotiated purchase of the water service area within the Cookeville City Limits from Double Springs Utility District and the City will take ownership of the system in August 2021. The WQC Department stated they will be upgrading the four (4) inch water line and resetting fire hydrants in the near future. There are no mapped natural geographic constraints on the property, such as sinkholes, wetlands or special flood hazard areas. COOKEVILLE PLANNING COMMISSION 3 MAY 24TH, 2021 Recommendation: Conditional approval of the Final Plat as submitted, subject to installation of the fire hydrant, septic evaluation and approval from the Tennessee Department of Environment and Conservation, and additions and/or corrections as requested by the Planning Department and/or other appropriate city departments. Jim Woodford made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE REZONING OF ONE PARCEL LOCATED ON BUFFALO VALLEY ROAD (TAX MAP 054 093.03) FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO RS-5 (SINGLE-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY AARON BERNHARDT. Jon Ward stated that Mr. Aaron Bernhardt submitted a request to rezone from RS- 10, Single Family Residential to RS-5, Single Family Residential property located on Buffalo Valley Road. Analysis: The subject property is identified as Parcel 93.03 on Tax Map 54 and consists of approximately 10.2 acres. It is contiguous on all sides with properties zoned as RS-20, Single Family Residential. The property is currently undeveloped. The Planning Commission recommended rezoning the property from RS-20 to RS-10 on April 23, 2018. The rezoning was approved by the City Council in June 2018 and became effective on July 6, 2018. The Planning Commission denied a rezoning request from RS-10, Single Family Residential to RM8 Multi-Family Residential on September 28, 2020. The RS-10 District is intended to provide a moderate density single-family residential environment where public wastewater services are available. A minimum land area of 10,000 square feet per dwelling unit is required. The RS-5 District is intended to provide a moderate-density single-family residential environment in areas where public sewer is available, with a minimum land area requirement of 5,000 square feet per dwelling unit. Public sewer service is available to the subject property. Mr. Bernhardt submitted a conceptual development plan with the rezoning request. This plan depicts a proposed new public street with two (2) points of ingress/egress on Buffalo Valley Road. A preliminary review by the Public Works Department indicates that sight distance for the proposed access points would be acceptable. The concept contains 47 lots ranging in size from 18,334 sq. ft. to 5,033 sq. ft., with an average lot size of 7,795 sq. ft. per lot. The submitted survey consists of 10.11 total acres or 440,391 sq. ft. This represents an overall density of 9,370 sq. ft. for 47 units for the total property, including proposed street rights-of-way. The raw density of the property at the current RS- 10 Zoning designation would allow for 44 units. While some land area would be unavailable for lot density due to right-of-way dedication, the proposal would represent an increase in density of three (3) units for the overall maximum density. Mr. Bernhardt also submitted a Sewer Service Availability Request to the Water Quality Control Department for the 47 proposed single-family lots. The WQC Department issued an approval on May 4, 2021 for not more than 47 single family homes. The Cookeville 2030 Plan depicts the property as being suitable for lower density residential development. At the time the plan was prepared public wastewater service was not available to the subject parcel. The property is located in an area annexed by the city in 1983. It is noted in the 2030 Plan that to accommodate anticipated growth, significant portions of the land area will have to be rezoned when the appropriate infrastructure is provided. Sewer service was extended to this area in 2004, and sewer infrastructure justified the previous action to rezone from RS-20 to RS-10. In the opinion of the Planning Department, the previous request to rezone the property to RM8 that was denied in September 2020 was not compliant with the Future Land Use classification of lower density COOKEVILLE PLANNING COMMISSION 4 MAY 24TH, 2021 residential. The RM8 District allows for multi-4 family apartments, and higher density single-family development including townhomes and cluster homes whereby a raw density calculation could be used for the overall property area. The 10.11 acre tract would allow for 88 units for higher density development in the RM8 District. The area consists mainly of only single-family detached homes. When the request was previously denied, the petitioner submitted the request to rezone to RM8 to allow for townhome development. The Planning Department recommended that the petitioner consider Planned Residential Development (PRD) Zoning for a higher density zoning classification, however, the rezoning request is speculative as the petitioner had the property listed for sale and submitted the rezoning request to market the property. The PRD Zone requires detailed plans depicting the exact nature of development. Mr. Bernhardt has stated that he plans to construct a development similar to the Cross Pointe development located on Old Sparta Road and Bob Bullock Road. The proposed rezoning and has similar characteristics to the property that was rezoned to RS5 for the Cross Pointe development. The Future Land Use classification is consistent. Old Sparta Road is classified as a Minor Collector and Buffalo Valley Road is classified as a Major Collector. 2020 traffic counts for Buffalo Valley Road west of Holladay Road nearer to the proposed rezoning provides an Average Daily Traffic (ADT) of 2,716 vehicles, and 4,653 ADT east of Holladay Road. Buffalo Valley Road is classified as a Major Collector street that has no shoulders or pedestrian infrastructure. City officials have identified Buffalo Valley Road as a street improvement project from West Jackson Street to just east of Holladay Road. There is no timetable for improvements currently. An analysis of Buffalo Valley Road included in the 2017 Cookeville Major Street Plan Update provided the segment from the City Limits to West Jackson Street had an acceptable level of service. 2040 no-build projected level of service was also acceptable. The Planning Department requested accident data from the Cookeville Police Department for Buffalo Valley Road in the vicinity of the request. The past five (5) years of accident data showed no accidents with injuries for a segment extending approximately 300 feet to the east and west of the site. For the five (5) year period, data shows six (6) crashes at the intersection of Buffalo Valley Road and Holladay Road, and of those six (6) only one (1) since 2017. In the opinion of the Planning Department, the data does not indicate safety concerns for accidents in the area. Recommendation: Approval of rezoning request Mr. Aaron Bernhardt stated that he plans on 47 units that have 3 bedrooms and 2.5 baths at 1,500 to 2,000 square feet. He plans on putting up a fence around the perimeter. Kay Starkweather asked if there will be sidewalks. Aaron Bernhardt responded yes, sidewalks are required around the subdivision and along Buffalo Valley Road. Patty Reab, 923 Buffalo Valley Road, stated that the proposed rezoning is directly across the street from her and asked how it will affect her property. Aaron Bernhardt stated that it would be an insignificant impact. Mrs. Reab stated that the wooded lot beside her home is inhabited by many wildlife species and is curious as to how this development will affect them. Aaron Bernhardt stated that he can’t speak to the wildlife issue but his development has heavy planting and tree landscaping and that he could put deer crossing signs around the road. Mrs. Reab asked how the noise will affect the surrounding properties. Mr. Bernhardt told everyone to check out the Cross Pointe Subdivision. That parcel is almost the same as what is proposed and has limited noise issues. COOKEVILLE PLANNING COMMISSION 5 MAY 24TH, 2021 Rob Reab, 923 Buffalo Valley Road stated that the parcel is surrounded by low density zoning and the rezoning request will put a higher density in the middle of low density development. Mr. Bernhardt stated that the houses he builds are typically sold to older residents, which in turn are quieter neighborhoods. Mr. Reab asked if there will be a single entrance to the development. Mr. Bernhardt stated that he is required to construct two entrances and due to the sewer line, he probably won't be able to construct 47 units. Mrs. Reab asked about the speeding issue on Buffalo Valley and how a new neighborhood will only add to the issue. Mr. Bernhardt stated that he can build the entrance up so that people would be able to see both ways. David Turnage, 920 Buffalo Valley Road, stated that his main concern with this development is traffic. The excessive speeding on the straight stretch of road around the proposed rezoning will lead to someone getting hurt and stated that he is also concerned about noise. There are older families living around the area and they want to keep it peaceful. Patricia Hall, 930 Buffalo Valley Road, stated that she owns the seven (7) acres adjoining the back of the proposed rezoning property. She stated that the neighbors still strongly disagree with the proposed rezoning, with the property being surrounded by RS20, low density property, the area will be too crowded if rezoned and will be too much for their country neighborhood. She stated that it is hard enough to get out of the driveway currently and that the traffic will only get worse if this is approved. She does not recommend that the rezoning be approved. Mrs. Reab asked what the differences in RS-10 and RS-5 are. Aaron Bernhardt stated that RS-5 allows more flexibility in the design of the development. Josh Wells, 940 Buffalo Valley Road, stated that several of his concerns have already been addressed. Mr. Wells stated that the proposed rezoning will allow for 4-times higher density for what is adjoining the property currently. He is worried about the uptick in traffic in the area. Dianna Collins, previous owner of the proposed rezoned property stated that she believes she was going to rezone to RS-5 instead of RM-8. She believes that Buffalo Valley Road is too busy and that since her request to rezone the property was denied, this request should be denied as well. Jon Ward took the floor to address the comments made by the residents. Mr. Ward stated that sidewalks are required along constructed streets. He stated that speeding is everywhere in the city and that he has contacted the police department and received the accident data for the area of the proposed development and there has been no significant accidents. Mr. Ward stated that RS-5 provides more flexibility for the layout of the development and that Mr. Bernhardt is only allowed to put 47 units, which is half of what is allowed by the RS-5 zoning district, per the sewer capacity. Mr. Ward stated that Ms. Collins request to rezone the property in question in September 2020, was to rezone from RS-10 to RM-8 which is an even higher density zoning district than the proposed RS- 5. Her request to rezone to RM-8 would allow for up to 88 units. The lower density RS-5 is acceptable in the single-family areas. Mr. Ward addressed the comments about noise issues by stated that the development is for single- family detached homes and that these developments mostly attract families and retirees. He stated that single family homes are needed in the city limits. COOKEVILLE PLANNING COMMISSION 6 MAY 24TH, 2021 Leslie Sullins asked if Ms. Collins request was to rezone to RS-5. Mr. Ward stated that Ms. Collins had requested her property be rezoned to RM-8 in order to be allowed to build townhomes and higher density homes. Mr. Ward stated that the Planning Department tried to point her to apply for a Planned Residential Development (PRD), but no plan was put together. Leslie Sullins asked Mr. Bernhardt, if he purchased the property while it was zoned RS-10, what was his plan. Mr. Bernhardt stated that once he purchased the property, he drew up what could work and looked into the RS-5 zoning district. Leslie Sullins asked Mr. Bernhardt if he knew that the property was zoned RS-10 when he purchased it. Mr. Bernhardt responded, yes. Jim Cobb asked if the plat will come back to the Planning Commission if the number of dwellings change. Mr. Ward stated that this request is specifically for the rezoning of the property, not the plat. Mr. Cobb stated that if what is presented is lower, it might be better for rezoning purposes. Mr. Bernhardt stated that proposals are just estimated. Jim Woodford stated that the current acreage allows for 44 units and if the property is rezoned to RS- 5 and something happened to Mr. Bernhardt, that someone could buy it and put 88 units on the property. He stated that with the generational change, people now don't want a large lot. He believes that younger homeowners want a HOA that maintains their properties. Woodford stated that he lives on 10th Street and didn’t realize much of a change when a HOA was put in near him He stated that he, along with the Planning Commission, wants to protect city and local properties around the proposed rezoning area and wants to have respect for those living there. Mr. Ward stated that the Department of Water Quality only issued approval for 47 houses so maximum of 88 units will not be allowed per water quality, regardless of higher density zoning districts. Leslie Sullins asked if a vehicle can be put in place to assure that no more units will be added if Mr. Bernhardt were to sell the property before it was developed. Mr. Ward stated that contract rezoning is not allowed. Mr. Cobb stated that capacity assurance is the key here. Mr. Bernhardt stated that with the rights-of-way on each lot, the development would have to be fewer lots than the allowed 47 per Water Quality. Leslie Sullins asked if the development could have fewer than 40 lots as opposed to the maximum of 47. Mr. Bernhardt stated that he ran the development through the modeling software and the sewer line will reduce the allowable amount of units. Mr. Cobb stated that according to the Future Land Use Plan, this area calls for lower density housing. Mr. Ward stated that this area is interpreted as a single-family lower residential area. Mr. Cobb asked how this property is not spot zoned. Mr. Ward stated that the property is over 10 acres. Anything over five (5) acres is not spot zoning. COOKEVILLE PLANNING COMMISSION 7 MAY 24TH, 2021 Mr. Wells stated that there are open fields around the proposed rezoning and this could start the trend of being rezoned to higher density. He and his family do not want to be surrounded by high density developments. Eric Walker stated that it’s important to think about how Cookeville is growing and how there will have to be creative ways to build density in low-density areas in order for the city to grow. He stated that the development will be approximately 300 feet from new entrance to Cane Creek Park. Mr. Walker stated that Buffalo Valley Road is a major road and will require enhancements in the near future. He stated that the quality of houses is beneficial to everyone in the neighborhood because it can bring up property value. Mr. Cobb stated that the proposed plat shows a range of square footage for each home in the development. He stated that he minimal required square footage is 5,000 square feet and there are only a few with that area. Mr. Ward stated that the average square footage is 7,000 per unit. Mr. Cobb asked how many RS-5 developments to we have in town. Mr. Ward stated that the city only has a few RS-5 zoned areas. Shawn Hall, 941 Buffalo Valley Road, stated that the neighborhood is country neighborhood, and that Cookeville is growing but doesn't think that this is the area for development. The high traffic on Buffalo Valley is concerning. She stated that the discussion is informative, but the way he's going about it, and asked why the zoning can’t stay RS-10. Mr. Bernhardt stated that RS-5 gives availability to adjust lots sizes and RS-10 might not get the high quality needed to gain value for the cost of the property. Sue Smith, 2088 Buffalo Valley Road, stated that the traffic count on Buffalo Valley to Hughes Drive is high and Stevens Street needs sidewalks. Mr. Reab stated that the rezoning isn't preliminary approval of plan, and we should step back and look at allowable the units in RS-5. Mrs. Reab stated that the property was rezoned in 2018 from RS-20 to RS-10. Leslie Sullins stated that regardless of how the Planning Commission votes, all want to keep neighborhood how it’s always been. Everyone in the city has to deal with traffic and so many people are wanting to move here so we have to address higher density developments. She stated that the apartments all over town are full. Mr. Cobb stated that the infrastructure for the development will need to be updated to reach the capacity of the system. Mr. Ward stated that the developer can update the infrastructure. Any increase in density will require the Department of Water Quality to add input since the Department of Water Quality only approved this site for 47 units. Mr. Walker stated that regardless of how the proposed rezoning is voted on, most concerns are about traffic. After leaving this meeting, regardless of how this goes, Mr. Walker encouraged residents to reach out to other parties of government for other concerns such as traffic and speed enforcement. Jim Woodford made the motion to approve the request recommended by staff. Eric Walker seconded the motion. Votes: Jim Stafne – aye, Judy Jennings – nay, Jim Cobb – aye, Lauren Metts – aye, Kay Starkweather – aye, Leslie Sullins Draper – nay, Eric Walker – aye, Jim Woodford – aye. Motion Carried. APPROVED. COOKEVILLE PLANNING COMMISSION 8 MAY 24TH, 2021 Study Items: (1) Consider for study the rezoning of 535 North Washington Avenue (Tax Map 053-C D 007.00) from RS-15 (Single-Family Residential) to RS-10 (Single Family Residential). Request submitted by Donnie Suits. Kay Starkweather made the motion to approve the study items. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. Staff Reports: (1) Minor Plats Approved & Recorded: • Bartlett – Phelps Lot Line Revision, two (2) lots located at 262 & 270 East 8th Street – John Bartlett, Jr. & Margaret Phelps • Gentry, John & Eulah Mine Lick Creek Road Division, one (1) lot located at 1801 Mine Lick Creek Road – John & Eulah Gentry • Ellis, Steven & Kay Division Combination Plat, two (2) lots located at 543 Fisk Road & 541 Saddle Lane – Steven & Kay Ellis • Mine Lick – Holladay Division, two (2) lots located at Mine Lick Creek Road, Holladay Road and Clarence Carter Road – Scott & Patricia Stout ADJOURNMENT: 7:03 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION Action Item 3 Consider for action a request to close, abandon and declare as surplus property a portion of an undeveloped right-of-way located off Polly Drive. Request submitted by Jonathan McNabb of V3 Venture Partners. Developer has requested that this item be postponed until the July 26th Planning Commission meeting. Haley Dickson From: Jonathan Ward Sent: Monday, June 14, 2021 9:35 AM To: Haley Dickson Subject: FW: Joff Drive Fencing From: Jonathan McNabb <jonathan@v3realty.com> Sent: Thursday, June 10, 2021 2:23 PM To: Jonathan Ward <jward@cookeville-tn.gov> Cc: McNabb <garry@mcnabbtn.com> Subject: Re: Joff Drive Fencing Jon, Can you confirm the fee that we need to pay for the ROW closure consideration for Joff Drive? We will get you a check by early next week at the latest. The field work for the survey has already taken place and we will have a formal closure survey to you before the formal consideration. We have still not been able to get confirmation from the owners on Polly Drive. Best, Jonathan On Thu, Jun 10, 2021 at 1:57 PM Jonathan Ward <jward@cookeville-tn.gov> wrote: Jonathan, The Joff Drive closure request will be included on this month’s Planning Commission agenda for study. Please submit the fee at your earliest convenience. From the letter, you stated you will have the survey prior to July meeting date on July 26th. We will need the survey prior to the Planning Commission’s formal consideration. Also, I wanted to check with you on the undeveloped ROW off Polly Drive. I assume that you have yet to confirm owner permission with the estate of the neighboring property to purchase their half of the ROW. Please let me know and we will either postpone again, or otherwise. Regards, Jon Ward, AICP 1 Action Item 4 Consider for action six (6) month extension of the preliminary plat of Kacie Avenue Division, six lots located at 621 West Stevens Street. Request submitted by Bobby & Joy Cunningham Haley Dickson From: Kenneth Young Sent: Tuesday, June 08, 2021 9:24 AM To: Haley Dickson Cc: Jonathan Ward Subject: FW: Kacie Avenue Preliminary Plat Expiration Pending Please place on this month’s PC agenda for action. From: andy milton <andy2milton@gmail.com> Sent: Monday, June 7, 2021 11:21 AM To: Kenneth Young <kry@cookeville-tn.gov> Subject: Re: Kacie Avenue Preliminary Plat Expiration Pending CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to request a six(6) month extension of the preliminary plat approval for the Kacie Avenue project. (101-109 West Towne ave.) Thank you - Andy Milton On May 25, 2021, at 3:19 PM, Kenneth Young <kry@cookeville-tn.gov> wrote: Andy, Your preliminary plat approval from 6/22/2020 is due to expire next month. You may request a six (6) month extension by sending a written request (email is fine) and a check for $50.00. We will need this submitted by Monday June 7th to get this on the June 28th Planning Commission agenda. Let me know if you have any questions. Kenneth R. Young Senior Planner 45 East Broad Street Cookeville, TN 38501 931.520.5275 - Office kry@cookeville-tn.gov <image001.png> Electronic communications with officials and employees of the City of Cookeville are subject to the Tennessee Public Records Act. 1 Action Item 5 Consider for action the resubmission of the preliminary plat of Concord subdivision, 18 lots located on East Jere Whitson Road. Request submitted by Dealmakers. Action Item 6 Consider for action the rezoning of 439 East 6th Street and a portion 535 North Washington Avenue (Tax Map 053-C D 007.00) and 439 East 6th Street (Tax Map 053-C D 006.00) from RS- 15 (Single-Family Residential) to RS-10 (Single Family Residential). Request submitted by Donnie Suits. APPLICATION FOR REZONING OFFICE ONLY Date Filed: _________________________ The City of Cookeville Date taken for Study: ________________ In order to be considered by the Cookeville Planning Commission, this form shall be filed with the Cookeville Planning Commission: Approved 'HQLHG Planning Department by 12:00 noon on the first Monday of Date: __________________________ the month during which it is to be considered. All supporting documentation, as well as a filing fee of $200.00, shall Date sent to Council: ________________ accompany this form. You are urged to consult with the staff of the Cookeville Planning Department in order to determine Date of Public Notice: ________________ what documentation will be required. Ordinance Number: _________________ RS-15 EXISTING ZONING __________________________ 1st Reading: _______________________ RS-10 PROPOSED ZONING _________________________ 2nd Reading: _______________________ Effective Date: _____________________ LOCATION OF PROPERTY TO BE REZONED * OWNER OF PROPERTY TO BE REZONED 439 E 6th & a portion of 535 N Washington Ave NAME: Peggy Cathey/Ellen _______________________________ McGugin ADDRESS: ________________________________________ 53-C Group D, Parcel 6.00 & 7.00 535 North Washington Avenue ADDRESS: ___________________________ TAX MAP NUMBER: _________________________________ (DVWWK6WUHHW ___________ STATE: Tn CITY: Cookeville ____ ZIP:_____ 38501 SUBDIVISION (If applicable): _________________________ * A copy of the Putnam County Tax Map showing the property to be rezoned PHONE: _____________________________ shall be attached. If available, a survey of the site shall also be attached. (0$,/BBBBBBBBBBBBBBBBBBBBBBBBBBBBB AUTHORIZED AGENT * LAND USE NAME: Donnie Suits ______________________________________ EXISTING LAND USE: ADDRESS: PO Box 3647 ___________________________________ RS-15 (Single-Family) CITY: Cookeville _______________ STATE: TN 38502 _______ ZIP:_____ PHONE: 770-231-2114 _____________________________________ PROPOSED LAND USE: (0$,/BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB RS-10 (Single Family) * If an attorney, real estate agent, family member, or other individual is to serve as agent or spokesman for the property owner, a letter from the owner designating said agent shall accompany this form. REASON FOR REQUESTING REZONING: Single Family Residence Jon Ward REVIEWED BY: ____________________________ 5/5/2021 DATE: ___________________________________ Haley Dickson From: Jonathan Ward Sent: Thursday, May 20, 2021 2:37 PM To: Haley Dickson Subject: FW: Rezoning From: Amber Flynn <amber@therealtyfirmagent.com> Sent: Thursday, May 20, 2021 2:36 PM To: Jonathan Ward <jward@cookeville-tn.gov> Subject: Fwd: Rezoning CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: Peggy Crawford <peggy535@gmail.com> Date: May 20, 2021 at 10:52:43 AM CDT To: Amber Flynn <amber@therealtyfirmagent.com> Subject: Rezoning To whom it may concern, Donnie Suits has my permission to apply for rezoning of 535 N Washington on my behalf. Thank you. Peggy Cathey Sent from my iPhone Electronic communications with officials and employees of the City of Cookeville are subject to the Tennessee Public Records Act. 1 Action Item 7 Consider for actions the final plat of Reserve Phase II, six (6) single family detached residential lots. Submitted by Design Development, LLC. Study Item 1 Consider for study request to close, abandon, and declare as surplus property a portion of undeveloped Joff Drive. Request submitted by Garry McNabb on behalf of the Teresa M. McNabb 2008 Real Estate Partnership. Teresa M. McNabb 2008 Real Estate Partnership Garry McNabb 345 South Jefferson Ave, Suite 403 Cookeville, TN 38501 May 24, 2021 Mr. Jon Ward Director of Planning City of Cookeville 45 East Broad Street Cookeville, TN 38501 Dear Mr. Ward, On behalf of the Teresa M. McNabb 2008 Real Estate Partnership, I am requesting that the City of Cookeville abandon and sell to us a portion of the right of way called Joff Drive that is adjacent to the property owned by Chipmunks, LLC in Cookeville, Tennessee. I have a contract to purchase the property owned by Chipmunks, LLC and will close on the purchase within the next sixty (60) days. The proposed property purchase is delineated in Exhibit A. We are in process of surveying this property and will provide you with a copy of that survey as soon as it is available. If you have any questions, please contact me at 931-260-6767 or garry@mcnabbtn.com. Best, Garry McNabb Managing Member Teresa M. McNabb 2008 Real Estate Partnership Exhibit A The proposed right of way abandonment and sale is approximately 5,550 square feet delineated in the blue box of the aerial shown below: 2 Study Item 2 Consider for study the preliminary plat of Kensington Subdivision, 41 lots located on Buffalo Valley Road. Request submitted by Aaron Bernhardt. Study Item 3 Consider for study the preliminary plat of Encore Subdivision, six (6) lots located on East 10th Street. Request submitted by Capital Communities, LLC.

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