Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 26TH, 2021 The Cookeville Planning Commission met on Monday, July 26th, 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, Eric Walker & Jim Woodford. MEMBERS ABSENT: Chad Gilbert & Leslie Sullins. STAFF MEMBERS PRESENT: Jon Ward, Ken Young, Christopher Phillips & Haley Dickson. STAFF MEMBERS ABSENT: James Mills. OTHERS PRESENT: Garry McNabb, Aaron & Marie Bernhardt, Andy Milton & Ben Armstrong ESTABLISHMENT OF QUORUM: Chairman Stafne announced that a quorum was present for the meeting. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Eric Walker 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 JUNE 28TH, 2021. Kay Starkweather made the motion to approve the minutes of June 28th, 2021. Eric Walker 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 DEVELOPER HAS REQUESTED THAT THIS ITEM BE WITHDRAWN FROM THE AGENDA. Jim Cobb made the motion to approve the withdrawal request. Kay Starkweather seconded the request and the request carried unanimously. APPROVED. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF PRESCOTT HEIGHTS DIVISION, SEVEN LOTS LOCATED AT WEST CEMETERY ROAD AND WHITE ROAD. REQUEST SUBMITTED BY FOWLER & SONS CONSTRUCTION, LLC. Jon Ward stated that developer Fowler & Sons Construction, LLC has submitted a request for a six (6) month extension of the preliminary plat of their Prescott Heights Division, a seven (7) lot single family detached development of their property located at West Cemetery Road and White Road. This proposal was taken for study by the Planning Commission at the June 22, 2020, meeting and was conditionally approved on July 27, 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. Clearing and grading is occurring on the site and there have been no changes made to the plat since the preliminary plat was 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 July 27, 2020. Kay Starkweather made the motion to approve the request submitted by staff. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 2 JULY 26TH, 2021 CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF CABOT LANE SUBDIVISION (PREVIOUSLY SUBMITTED AS W.P. BROWN SUBDIVISION), 16 LOTS LOCATED AT 1501 BUNKER HILL ROAD. REQUEST SUBMITTED BY WILLOW PARK PARTNERS. Jon Ward stated that developer Willow Park Partners has submitted a request for a six (6) month extension of the preliminary plat of their Cabot Lane Subdivision, a 16-lot single family detached development of their property located on Bunker Hill Road. This proposal was taken for study by the Planning Commission at the June 22, 2020, meeting and was conditionally approved on July 27, 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. Grading on the site is underway and there have been no changes made to the plat since the preliminary plat was 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 July 27, 2020. Jim Woodford made the motion to approve the request submitted by staff. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION RESUBMISSION OF PRELIMINARY PLAT OF HIGHLANDS RESIDENTIAL ROAD DEDICATION, 1 LOT LOCATED AT 761 BUFFALO VALLEY ROAD. REQUEST SUBMITTED BY HIGHLANDS RESIDENTIAL SERVICES. Jon Ward stated that Highland Residential Services has resubmitted their Highland Residential Road Dedication Preliminary Plat, a one (1) lot new street development located at 761 Buffalo Valley Road. The plat was submitted and taken for study at the May 2019 Planning Commission meeting and was granted conditional approval on June 24, 2019. A six (6) month extension was granted by the Planning Commission on June 22, 2020. A second six (6) month extension was granted on January 25, 2021. The Subdivision Regulations only allow up to two (2) six (6) month extensions of preliminary plat approval. Subsequently, the preliminary plat had to be resubmitted for reapproval to continue the development. Analysis: The subject property is identified on Tax Map 054 as Parcel 027.00 containing approximately 59.86 acres and the portion for the new street is .84 acres. The remainder of the parcel is not required to be surveyed because it is greater than five (5) acres. The entire property is zoned RM8 (Multi-family Residential). Adjacent parcels to the west are zoned RS-10 (Single- family Residential). The developer has dedicated additional right-of-way along Buffalo Valley Road to attain a 25’ distance to the centerline for a 125’ segment as requested by the city for future road improvements. The plat depicts the construction of a new five (5) foot wide sidewalk along the entire length of the Buffalo Valley Road frontage. Significant work on the site is currently underway and there have been no changes to the plat as previously approved. Recommendation: Approval of the resubmittal of the Preliminary Plat subject to the conditions established by the Planning Commission on June 24, 2019. Kay Starkweather 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 PRELIMINARY PLAT OF KENSINGTON SUBDIVISION, 41 LOTS LOCATED ON BUFFALO VALLEY ROAD. REQUEST SUBMITTED BY AARON BERNHARDT. Jon Ward stated that Developer Aaron Bernhardt has submitted for approval a request to reduce the right-of-way of the new streets in his Kensington COOKEVILLE PLANNING COMMISSION 3 JULY 26TH, 2021 Subdivision in conjunction with the Preliminary Plat for the 41-lot single family detached subdivision of his property located on Buffalo Valley Road. Analysis: The subject property is identified on Tax Map 054 as Parcel 093.03 and contains approximately 10.11 acres. The property was approved by the City Council on second reading to be rezoned from RS-10 to RS-5 (both single-family residential) effective July 30, 2021. All adjacent properties are zoned RS-20. One (1) new looped interior street is proposed as Kensington Circle that will connect to Buffalo Valley Road to provide two ingress/egress points. An east-west interior connector street is also proposed with the name Beacon Way. Mr. Bernhardt is requesting to reduce the right-of-way width to 40’ pursuant to Article V Section C of the regulations which states “when curb and gutter and storm sewer is installed on both sides of local streets the Planning Commission may allow a reduced right-of-way width of no less than 40’, provided there is adequate width for the location of sidewalks and utilities”. The Departments of Public Works, Electric and Water Quality Control have assented to the request to reduce the right-of-way width of the new streets subject to the provision of adequate utility easements. The Planning Department recommends that all the lots should be restricted to access the new street only. A new sidewalk five (5) feet in width is to run the length of one side of the new street. This needs to be shown in an easement on the plat. The lots will be served by connecting to the existing six (6) inch waterline in the right-of-way of Buffalo Valley Road. Sewer will be provided by the eight (8) inch gravity sewer mains located in the Buffalo Valley right-of-way and the 20-foot-wide sewer easement that crosses the property. There are three (3) new proposed hydrants that will provide coverage for fire protection. Water Quality Control requires the submittal of state approved water and sewer plans. They also require a minimum of a 10-foot-wide utility easement along the new street frontage and a 15-foot-wide utility easement along Buffalo Valley Road. Public works requires that the proposed stormwater infrastructure be shown on the plat. They also require the submittal of street plans with storm water and sidewalk details and that a grading permit be obtained after the pre-construction review is completed. There are no Special Flood Hazard Areas or Sinkhole Retention Areas identified by the available GIS data for this site. A decision has not yet been made if the farm pond in the southeast corner will remain or be removed. Recommendation: Conditional preliminary plat approval subject to the following:  Developer must schedule a pre-construction review through the Planning Department  Actual work on the site shall not commence until the rezoning becomes effective  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 submit 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  Developer to submit plans for the installation of natural gas to the Gas Department if gas is desired  Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications  A note will be added to the plat that all lots shall only have driveway access from the new street COOKEVILLE PLANNING COMMISSION 4 JULY 26TH, 2021  A decision must be made regarding the status of the farm pond on the property  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Jim Cobb asked if the decision regarding the status of the farm pond would affect the plat. Aaron Bernhardt stated that the farm pond is staying, and no changes will be made to the plat. Eric Walker 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 PRELIMINARY PLAT OF ENCORE SUBDIVISION, SIX (6) LOTS LOCATED ON EAST 10TH STREET. REQUEST SUBMITTED BY CAPITAL COMMUNITIES, LLC. DEVELOPER HAS REQUESTED THIS ITEM BE POSTPONED UNTIL THE AUGUST 23RD PLANNING COMMISSION MEETING. Jon Ward stated that the developer has requested that this item be postponed until the August 23, 2021, Planning Commission meeting. Jim Cobb made the motion to approve the postponement request. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE PRELIMINARY PLAT OF MICHAEL CUNNINGHAM SOUTH JEFFERSON AVENUE DIVISION, EIGHT (8) LOTS LOCATED AT SOUTH JEFFERSON AVENUE AND OLD SPARTA ROAD. REQUEST SUBMITTED BY MICHAEL CUNNINGHAM. Jon Ward stated that Developer Mr. Andy Milton on behalf of property owner Michael Cunningham has submitted for approval a preliminary plat of Cunningham South Jefferson Avenue Division, an eight (8) lot single family attached development of his property located in the triangle between South Jefferson Avenue, River Bluff Road and Old Sparta Road. This proposal was taken for study by the Planning Commission at the June 28, 2021, meeting. Analysis: The subject property is vacant and is identified on Tax Map 96 as Parcel 078.05 and contains approximately .76 acres. The property is zoned CL, “Local Commercial”. Section 221.3 of the Zoning Code stipulates that single family attached dwellings (townhouses) are allowed in the CL zone as a use permitted on review, subject to the submission of a plat in accordance with the Cookeville Subdivision Regulations. The development consists of seven (7) single family attached building lots and the construction of a private street and installation of utilities. Lot 8 is the remaining common area and is not a building lot. A new five (5) foot wide ADA compliant sidewalk (within an easement) is required to be constructed along all existing street frontages. An interior sidewalk is to be constructed in front of the building lots. All proposed sidewalks must be depicted on the plat. A new currently unnamed private street is proposed to provide access off River Bluff Road. The developer must submit drainage and street construction plans to the Public Works Department. In addition, the proposed location for the stormwater infrastructure must be shown on the plat as well as all existing utilities. Public water service will connect to the existing six (6) inch water line located in the right-of-ways of Old Sparta Road and River Bluff Road. The developer must coordinate the location of the water meters with Water Quality Control. Private sewer will connect to the existing three (3) inch low pressure sewer main located in the River Bluff Road right-of-way. (Sewer availability was approved in writing by Water Quality Control in June 2021). The developer will need to install a grinder pump station to serve the development which is to be owned and maintained by the homeowner’s association. The developers must submit state approved water and sewer plans to the Department of Water Quality Control for review and approval prior to COOKEVILLE PLANNING COMMISSION 5 JULY 26TH, 2021 construction. There is one (1) existing hydrant located at the intersection of South Jefferson Avenue and River Bluff Road and all the dwelling units will have 303D residential sprinkler systems. The developer has advised that Scott Nicholson with CES will begin the process of preparing all required engineering plans for the development including storm water drainage features after the plat is considered by the Planning Commission. A decision has not yet been made concerning trash pickup. Other than water, all common areas, streets, sewer, and other infrastructure improvements are private and will be maintained via a Homeowner Association Agreement that will be required upon final plat recording. No portion of the subject property is in a Special Flood Hazard Area according to the Flood Insurance Rate Maps for the area, nor are there indications of Sinkhole Retention Areas according to the available GIS data. Recommendation: Conditional approval of the Preliminary Plat subject to the following:  Plat shall be revised to show all existing and proposed utilities  Plat shall be revised to show proposed name of private street  Plat shall be revised to depict proposed sidewalks (with easements along existing streets)  Plat shall be revised to show proposed location of stormwater infrastructure  Developer shall schedule a pre-construction review with the Planning Department in tandem with a site plan review with the Codes Department  Developer understands and agrees that all right-of-ways must be cleared prior to 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 submit state approved water and sewer plans to the Water Quality Control Department (WQC)  Developer must work with Public Works to plan for trash pickup  Developer shall submit plans for the installation of underground electric per the Electric Department design requirements  Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications  Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Jim Woodford made the motion to approve the request recommended by staff. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE FINAL PLAT OF THE VILLAGES ON BROAD PHASE II (PREVIOUSLY SUBMITTED AS WEST TOWNE VILLAGE), 22 LOTS LOCATED ON BROADWAY AVENUE. REQUEST SUBMITTED BY BERNHARDT, LLC. Jon Ward stated that Developer Aaron Bernhardt has submitted for approval a Final Plat of The Villages on Broad Phase II, a 22-lot single family detached subdivision of his property located off Broadway Avenue. The preliminary plat was conditionally approved as West Town Village at the September 23, 2019, Planning Commission meeting. Putnam County E911 objected to the development name due to conflicts with an existing subdivision in the county with the same name. Subsequently, the COOKEVILLE PLANNING COMMISSION 6 JULY 26TH, 2021 development was renamed The Villages on Broad. Lots 34 and 35 have been platted separately as Phase I which is being managed administratively. Analysis: The subject property is identified on Tax Map 039 as Parcel 157.03 and Phase II contains approximately 2.86 acres. The property was 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 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). Phase II contains two (2) new interior streets named Oak Grove Drive and Village Loop that are to be dedicated to the city. The developer requested to reduce the right-of-way to 40’ with curb and gutter and storm sewer to be installed on both sides. The Planning Commission approved this request in conjunction with the preliminary plat in September 2019. New five (5) foot wide sidewalks are to be constructed along one (1) side of the new streets as depicted on the plat. A financial guarantee in the amount of $40,000 for a minimum of one (1) year must be submitted for completion of the sidewalks. This may be submitted for up to a five (5) year period. An unnamed blue line stream runs north to southeast in the western area of the property through a USFW identified wetland area. Public Works requires a buffer around the wetland that encroaches into Lot 50 which is like the buffer included in the plans. They also require the depiction of the stormwater infrastructure. The developer must also submit payment in the amount of $32,000 for final street surfacing and $450 to Public Works for the installation of street and stop signs at three (3) locations. Water Quality Control reports that the remainder of the sewer needs to be tested and water and sewer “as-built” plans must be submitted. In addition, they stated that if the curbs are not installed to establish proper elevation, the developer must submit a $4,500 financial guarantee for utility adjustments for at least one (1) year. In addition to new hydrants in the development, the Codes Department previously advised that the houses in the development will be required to have residential sprinkler systems installed to meet current building codes. All electric has been installed underground per CED specifications and the developer will be responsible for the cost of upgrading any poles for street lighting. The developer made the decision not to install natural gas in the subdivision even though it is available. Finally, the developer is required to submit a two (2) year financial guarantee in the amount of $10,000 as a Warranty of Improvements. Recommendation: Conditional final plat approval subject to the following:  Plat to be revised to show wetland buffer and stormwater infrastructure as requested by Public Works  Developer to submit $450 to Public Works for signs and $32,000 for final street surfacing  Developer to submit a financial guarantee in the amount of $40,000 for a minimum of one (1) year for completion of the sidewalks  Remainder of the sewer must be tested, and water and sewer “as-built” plans must be submitted to Water Quality Control  Developer to comply with the request to submit a financial guarantee in the amount of $4,500 for utility adjustments if required by Water Quality Control  Developer shall submit a $10,000 two (2) year financial guarantee as a Warranty of Improvements  Additions and/or corrections as requested by the Planning Department and/or other city departments Jim Cobb asked what they are testing the sewer for. COOKEVILLE PLANNING COMMISSION 7 JULY 26TH, 2021 Aaron Bernhardt stated that they are using smoke bombs to test for any leaks. Jim Cobb asked if the wetland restriction will pass onto the homeowner. Jon Ward stated that the wetland will be shown on the plat and what is proposed will be depicted. Aaron Bernhardt stated that homeowners can mow and maintain the land on the wetland buffer. Homeowners can maintain the buffer as a regular yard but cannot dig or place structures. Eric Walker made the motion to approve the request recommended by staff. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION THE FINAL PLAT OF CONCORD SUBDIVISION, 19 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 Final Plat of Concord, a 19-lot residential development of their property located at the northeastern intersection of North Washington Avenue and East Jere Whitson Road. The preliminary plat was submitted and taken for study at the April 2020 Planning Commission meeting and conditionally approved on May18, 2020. The preliminary plat was resubmitted and reapproved by the Planning Commission on June 28, 2021. Analysis: The subject property is currently identified on Tax Map 045F Group C as Parcel 007.00 and consists of approximately 4.28 acres. The property is zoned RM-14, “Multi-family Residential”. Adjacent properties to the east and northeast are zoned RS-10 “Single-Family Residential” and property to the north is zoned CL. “Local Commercial”. A ten-foot-wide Type 1 Screen/Buffer is shown on the plat as required along the common boundary with the development property and the RS-10 property to the east and northeast. The development consists of 17 single-family attached townhomes. Lot 18 is the site of a new multi-family development that is under construction and Lot 19 encompasses the remaining common areas. All these lots front a new private interior parking and ingress/egress named Concord Circle that will allow circular traffic movements. The plat depicts the existing (5) foot wide sidewalk along both street frontages and proposed four (4) foot sidewalks are being constructed internally on the site. Each dwelling unit is to be outfitted with sprinkler systems that meet the National Fire Protection Association design standard 13D. In addition, an existing fire hydrant is located at the southeast corner of the site. As required by Water Quality Control, the water meters have been set along East Jere Whitson with the meters for the back units set in gang boxes. The sewer will be private. Water Quality Control requests that the fire line be labeled as private and the “proposed” manhole note be removed and the connection to the new manhole be shown accurately on the plat. In addition, they require the submission of “as-built” plans. The Electric Department reports that all electric has been installed underground per CED specifications. Public Works requires the developer submit $300 for the installation of street and stop signs at two (2) locations. All the property including the driveway, parking areas and other common areas and infrastructure components are to be private with the exception of water which will be public. Repair and maintenance of the common elements will be covered under a homeowner’s association agreement that is to be submitted in a timely manner after the final plat is recorded. As the water will be public, a two (2) year Warranty on Improvements financial guarantee is required in the amount of $10,000. Recommendation: The Planning Department recommends conditional approval of the final plat subject to the following: COOKEVILLE PLANNING COMMISSION 8 JULY 26TH, 2021  Plat to be revised to label fire line as private, “proposed” manhole note to be removed and connection to new manhole be depicted accurately  Developer to submit “as-built” plans to Water Quality Control  Developer to pay $300 to Public Works for the installation of street and stop signs at two (2) locations  Developer to submit a financial guarantee for a period of two (2) years in the amount of $10,000 as a Warranty of Improvements  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. Jon Ward stated that Mr. Gary McNabb on behalf of Teresa M. McNabb 2008 Real Estate Partnership has submitted a request to close, abandon and declare as surplus property a portion of Joff Drive. Analysis: Mr. McNabb requests that the eastern terminus of Joff Drive, located east off South Jefferson Avenue be closed and declared as surplus property for purchase. As depicted on a submitted survey, this segment of Joff Drive consists of approximately 95 linear feet of street, with a right-of-way width of approximately 49 feet. This represents an area of 0.10 acres or 4,552 square feet. The right-of-way is contiguous with property owned by the Teresa McNabb 2008 Real Estate Partnership on all sides, located at 410, 420 and 401 Joff Drive, further identified as Parcel 030.02 on Tax Map 066. 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. Water lines and gas lines are located within this segment of Joff Drive right-of-way. Water service is provided to the property, along with additional properties with frontage on South Jefferson Avenue from a water line extending through the Putnam County Highway Department property from East Veterans Avenue. Water Quality Control Department requests the entire area of Joff Drive right-of-way included in the request be maintained as a utility easement to accommodate any possible relocations. WQC has plans to furnish water off South Jefferson Avenue within approximately two (2) years which will require water meters to be relocated and a new fire hydrant installed. If water lines and meters are relocated, WQC has indicated they would be willing to abandon the utility COOKEVILLE PLANNING COMMISSION 9 JULY 26TH, 2021 easement. The Cookeville Gas Department does not require any additional easement. Gas service transitions from a gas main to a service line at the western boundary of the right-of-way area included in the closure request. The Gas Department considers these lines as gas service and right of access is included in the Cookeville Municipal Code, Section 19-210. Mr. McNabb has indicated he plans to utilize the property for climate-controlled storage and boat and recreational vehicle (RV) storage. The request to close, abandon, and declare as surplus property was submitted to be able to secure the development with fencing and gates. The Teresa M. McNabb 2008 Real Estate Partnership is the only property owner affected by the request as the Partnership owns the property on all sides of the subject section of right-of-way. An analysis of the surrounding property value provides a value of $4.02 per square foot. This value is determined by the land market value as included in the real estate assessment data. A submitted survey provides the existing property consists of 6.85 acres (298,386 square feet) with the property land value assessed at $1,198,800 (1,198,800/298,386 = 4.02). 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 right-of-way identified on the provided survey, subject to the retention of a utility easement for the entire right-of-way to be abandoned. Jim Woodford made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION READOPTION AND REVISIONS TO THE COOKEVILLE ZONING CODE SECTION 208A, ARCHITECTURAL DESIGN REQUIREMENTS, SECTION 208A.4B. MATERIALS STANDARDS. REQUEST SUBMITTED BUY STAFF. PLANNING STAFF HAS REQUESTED THAT THIS ITEM BE MOVED FROM STUDY TO ACTION. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. THE PROPOSED ORDINANCE REQUIRES CERTAIN MATERIALS TO BE RESTRICTED IN THE CONSTRUCTION OF BUILDINGS. Jon Ward stated that State of Tennessee, Public Chapter 332 provides a specific process for adoption of construction material standards. The Planning Department has prepared amendments to the Zoning Code for revision and readoption of certain sections pertaining to Architectural Design Requirements. Analysis: Architectural Design Requirements are included in Section 208A of the Cookeville Zoning Code. These standards were adopted with the intent to protect and increase the value of buildings and properties, to maintain and enhance the image and character of the community and to ensure consistent and high-quality development. Architectural Design Requirements were first adopted in the Cookeville Zoning Code in 2009. These standards have been amended twice since adoption, once in 2014 and again in 2015. On April 21, 2021, the Tennessee General Assembly passed House Bill 749 relative to construction standards. This bill, known as Public Chapter 332, was signed into law by Governor Bill Lee on May 4, 2021. Public Chapter 332 amends Tennessee Code Annotated Section 68-120-101 by including a process and standards required for the adoption of Architectural Design Requirements. The new law stipulates that any proposed requirement pertaining to construction materials must be a separate item on the agenda and include, in bold type and all caps, the following statement in the meeting notice: THE PROPOSED ORDINANCE REQUIRES CERTAIN MATERIALS TO BE RESTRICTED IN THE CONSTRUCTION OF BUILDINGS. The consideration of a requirement pertaining to construction materials must be by a separate vote. If the requirement is to be part of a general ordinance, then the requirement pertaining to construction material must be severable from the rest of the ordinance and voted on separately. Further the new law states that a regulation, ordinance, or code adopted pursuant to COOKEVILLE PLANNING COMMISSION 10 JULY 26TH, 2021 construction materials shall not prohibit a particular construction material that is approved by a national building code or the state fire marshal. Regulations must allow for consideration of waivers in whole or in part during the development process. Section 208A.4B of the Zoning Code provides Materials Standards for construction in the City of Cookeville. These are specifically included in Section 208A.4B.1. and are as follows: 1. The following materials are acceptable: a. Brick b. Natural or cultured stone c. Wood d. Fiber cement siding e. Split face block, provided it is tinted or painted f. Glass g. Stucco, E.I.F.S., or similar material h. Manufactured pre-cast and tilt-up concrete panels i. Similar materials with the approval of the Architectural Design Review Board Section 208.4B.2. provides for prohibited materials with some exceptions listed including metal siding or metal panels, aluminum composite material and standard concrete block on the rear or sides of structures when painted to blend or match with the front of a structure with approval of the Architectural Design Review Board. The Planning Department has prepared an amendment to the Zoning Code, Section 208A.4B.1 to readopt the construction materials standards to include exceptions covered in Section 508A.4B.2 to read as follows: 1. The following materials are acceptable: a. Brick b. Natural or cultured stone c. Wood d. Fiber cement siding e. Split face block, provided it is tinted or painted f. Glass g. Stucco, E.I.F.S., or similar material h. Manufactured pre-cast and tilt-up concrete panels i. Similar materials with the approval of the Architectural Design Review Board including metal siding or metal panels, aluminum composite material and standard concrete block on the rear or sides of structures when painted to blend or match with the front of a structure. Public Chapter 332 disallows prohibiting materials that are approved by a national building code or state fire marshal. Section 208A.4B. Materials Standards, of the Zoning Code in Section 2 includes prohibited materials and Section 3 provides for exceptions to use prohibited materials that currently reads as follows: 2. Except as provided herein, all other materials are prohibited, including the following: a. Standard concrete block (on the rear or sides of structures, standard concrete block painted to blend or match with the front of the structure may be approved by the Architectural Design Review Board) b. Vinyl or aluminum siding (aluminum composite material may be approved by the Architectural Design Review Board) c. Exposed or painted corrugated metal siding (other metal siding or metal panels may be approved by the Architectural Design Review Board) COOKEVILLE PLANNING COMMISSION 11 JULY 26TH, 2021 d. Fiberglass siding e. Any other material not specifically listed as an acceptable material or approved by the Architectural Design Review Board 3. The Directors may approve the use of prohibited building materials when being placed on additions to existing structures to maintain continuity when such additions are located entirely to the rear of the principal structure or do not exceed 25 percent of the square footage of the existing structure. The Board may approve the use of prohibited building materials when being placed on additions to existing structures to maintain continuity when such additions exceed 25 percent of the square footage of the existing structure. (As amended by Ordinance No. O14-11- 20) In determining whether the use of prohibited materials should be approved, the Board may require that vegetative or other screening be provided as a condition for the use of a prohibited material. (As amended by Ordinance No. O15-06-18) The Planning Department has prepared a revision to the Zoning Code to delete Section 2 with exceptions included in the acceptable materials. Section 3 has been renumbered to Section 2 and the word “prohibited” has been removed with the word “other” substituted in all but one instance. The proposed amendment would read as follows: 2. The Directors may approve the use of other building materials when being placed on additions to existing structures to maintain continuity when such additions are located entirely to the rear of the principal structure or do not exceed 25 percent of the square footage of the existing structure. The Board may approve the use of other building materials when being placed on additions to existing structures to maintain continuity when such additions exceed 25 percent of the square footage of the existing structure. (As amended by Ordinance No. O14-11-20) In determining whether the use of other materials should be approved, the Board may require that vegetative or other screening be provided as a condition for the use of a material. (As amended by Ordinance No. O15-06-18) Section 208A does include an appeals process to consider waivers through the establishment of an Architectural Design Review Board. The Planning Department has reviewed the legislation with the City Attorney, who has recommended readoption of our current standards and revisions in accordance with Public Chapter 332. Construction materials requirements must be considered by a separate vote from other proposed revisions. Recommendation: Approval of the readoption and revisions to Section 208A, Architectural Design Standard, Section 208A.4B.1 Materials Standards. Approval of revisions to Section 208A.4B to delete Section 2, renumber Section 3 to Section 2, and amend the revised Section 2 to remove the term “prohibited”. These actions need to be considered as separate votes. Jim Cobb made the motion to move this action item from study to action. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. Kay Starkweather made the motion to approve the readoption and revisions to Section 208A, Architectural Design Standard, Section 208A.4B.1 Materials Standards. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. Jim Woodford made the motion to approve revisions to Section 208A.4B to delete Section 2, renumber Section 3 to Section 2, and amend the revised Section 2 to remove the term “prohibited”. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 12 JULY 26TH, 2021 Aaron Bernhardt asked if some materials are still prohibited. Jon Ward stated that the revisions would allow for an appeals process on materials previously labeled as prohibited. Study Items: (1) Consider for study the rezoning of 980 Salem Church Road (Tax Map 066 Parcel 036.00) from CR (Regional Commercial) and RS-15 (Single-Family Residential) to CG (General Commercial). Request submitted by Aaron Bernhardt. Jim Cobb 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:  Greystone Lot 1 Re-subdivision, one (1) lot located at East Broad Street & Greystone Way – Justino Cumby  Gregory – DHS Combination Plat, one (1) lot located at West Broad Street & C. C. Camp Road – J & A Patel  Dealmakers Property Lot 3 & 4 Re-subdivision, two (2) lots located at Lone Oak Drive – Dealmakers Jon Ward stated that the Architectural Design Review Board has not been active but with the new legislation, the board may see appeals in the future. Mr. Ward stated that the board consists of five (5) people – one (1) architect, two (2) Planning Commission members and two (2) business owners. Mr. Ward asked for two (2) Planning Commission members to volunteer to serve on the Architectural Design Review Board. Jim Cobb stated that he is willing to serve. Jim Woodford volunteered to be the second Planning Commission member to serve on the board. ADJOURNMENT: 6:20 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION