Planning Commission

Cookeville Planning Commission Minutes June 27th, 2022 The Cookeville Planning Commission met on Monday, June 27th, 2022, 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, Eric Walker & Jim Woodford. Members Absent: Leslie Sullins. Staff Members Present: Jon Ward, James Mills, Christopher Phillips, Ken Young & Haley Dickson. Staff Members Absent: None. Others Present: Jason Clompton, Bob Faulhaber, Joe Nichols, Justin Cumby & Joe Spite. Establishment of Quorum: Chairman Woodford announced that a quorum was present for the meeting. Moment of appreciation for Jeff Littrell. Consider for Approval the Agenda as Submitted. Kay Starkweather made the motion to approve the agenda as submitted. Eric Walker seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of June 27th, 2022. Jim Stafne made the motion to approve the minutes of June 27th, 2022. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Hold a public hearing and consider for action an amendment to the Future Land Use Concept Plan of the Cookeville 2030 Plan to depict a parcel located at 950 North Old Kentucky Road as appropriate for Lower Density Residential to being appropriate for Planned Commercial Development. Request submitted by Eric Brown on behalf of Track West Partners and Calvary Baptist Church. Mr. Jon Ward stated that the Planning Commission requested that this item be postponed at the Thursday, June 23rd Planning Commission Work Session. Mr. Jim Woodford allowed for public comment regarding this request. Dr. Clompton stated that his property is zoned residential but had an amendment to it in 1968. He stated that he was told 5 & 10 years ago that the city would not spot zone his property. He asked what has changed that will allow the city to spot zone his property and why the city is allowing others to encroach onto his property. Dr. Clompton stated that traffic on 10th Street is already a nightmare and new development will just make it worse. Dr. Clompton believes if the city rezones the property next to him, there would be legal ramifications. He stated that he wants his property to be rezoned to commercial to improve the property values. He stated that his building is right at 6-feet from the right- of-way currently and is worried about future right-of-way widening. Mr. Jon Ward explained that the request is to amend the Future Land Use Plan and not to rezone any property at this moment. He stated that the purpose of the plan is to have any future rezonings be in harmony with the Future Land Use classifications. Mr. Ward stated that this request is an extension of the PCD which eliminates the spot zoning issue. Mr. Chad Gilbert asked if Dr. Clompton could add his property to the proposed Future Land Use amendment request. Cookeville Planning Commission 2 June 27th, 2022 Mr. Ward stated that Dr. Clompton’s property would not meet the PCD conditions but would not change the use of his building. He stated that his building is currently legally nonconforming and keeping it in the commercial designation would give more latitude for uses. Dr. Clompton asked for his property to be added to the request. Mr. Ward suggested the request be postponed in order to add Dr. Clompton’s property and give time to renotify the surrounding neighbors. 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 Timberwalk Subdivision, 309 lots located on Lovelady Road (Tax Map 096 Parcel 069.00). Request submitted by Titan Development. Mr. Jon Ward stated that Mr. Justin Cumby, on behalf of Titan Development, has submitted for approval a preliminary plat of Timberwalk Subdivision, a 309-lot single-family detached development located on Lovelady Road. Analysis: The subject property is identified as a portion of Tax Map 096.00, Parcel 069.00 and contains approximately 92.26 acres. The property was rezoned by the City Council by Ordinance No. O22-03-03 on May 19, 2022, from RS-20, “Single-Family Residential” to RS-10, “Single-Family Residential” and RS-5, “Single-Family Residential.” The property is bordered by RS-20, “Single- Family Residential” on the west, north, and east, and by the corporate city limits and Putnam County line to the south. The development consists of 292 building lots and 17 community lots for a total of 309 lots and the construction of nine (9) streets consisting of approximately 11,967 linear feet of new public streets and installation of utilities. All proposed public street rights-of-way are 50 feet in width. The plat depicts that all proposed building lots are complaint with the established RS10/RS5 Zones. The community lots are not building lots and are proposed to include environmentally sensitive areas, stormwater areas and various amenities that will be owned and maintained by a homeowner’s association. An interior five (5) feet sidewalk is to be constructed along the proposed public streets and is depicted on the plat. Nine (9) new public streets are proposed as Briley Lane, Chestnut Oak Cove, Conifer Way, Crossgrain Road, James Wright Circle, Joining Avenue, Mason Way, Rock Cairn Road, and Timberwalk Lane. Crossgrain Road will provide access from South Lovelady Road and Timberwalk Trail will provide access from Lovelady Road. The developer must submit NOI and SWPPP for the proposed development to the Public Works Department. A Sinkhole Injection Well Permit must also be submitted to Public Works. Public Works also requests that the developer provide all items listed in the Subdivision Regulations for the City of Cookeville, Article III Plat Standards, Section C Preliminary Plat Requirements including, but not limited to show the edge of pavement, show proposed water courses, show existing sewer lines for connection, provide a storm drainage system plan, show existing and proposed easements for all water, sewer, drainage, slopes, access, etc., include sidewalk and curb details, and show the subdivision entrance sign if applicable. Public water service will connect to the existing six (6) inch water line located in the South Lovelady Road right-of-way. The developer must determine how water will be installed and coordinate service and location of water meters with the Water Quality Control Department. City Council approved a cost share agreement with Titan Development to extend sewer from the Hudgens Creek Pump Station Cookeville Planning Commission 3 June 27th, 2022 to the subject property at the June 16, 2022, City Council meeting. Public sewer will connect to the new sewer line being installed along South Lovelady Road. Water Quality Control requires a ten (10) foot easement for water and sewer along the roadway. The developer must submit engineered, state approved water and sewer plans to Water Quality Control. The Cookeville Electric Department will require fifteen (15) foot utility easements at the front of all lots. An existing gas line is in the South Lovelady Road right-of-way and if the developer requests gas hookup for the development, the Gas Department will require plans for installation. All easements are depicted on the plat. The developer has advised that Clinton Engineering will be preparing all required engineering plans for the development including storm water drainage features after the plat is considered by the Planning Commission. The development will use individual trash canisters for trash pickup. Proposed locations for USPS Centralized Box Units (CBU) must be shown on the plat. The subject property contains three (3) sinkhole retention areas, four (4) wetland areas, and the eastern portion of the property is located within a floodplain area according to the current Flood Insurance Rate Maps and the available GIS. No portion of the proposed streets or building lots are located within the Flood Hazard Area or Sinkhole Retention Areas. Recommendation: Conditional approval of the preliminary plat subject to the following: • Developer must submit a street plan and profile with storm sewer and sidewalk details to the Department of Public Works • Developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Department of Public Works • Developer shall revise plat to show proposed water courses • Developer must submit state approved water and sewer plans to the Water Quality Control Department • Developer must work with Water Quality Control to determine water meter locations • Developer shall submit plans for the installation of underground electric per the Electric Department design requirements • Developer shall provide all conduit for underground communications, CAD files, and electrical layout plan to Frontier Communications • Developer shall provide all utility easements as requires by the Electric and Water Quality Control Departments • Proposed locations of USPS Centralized Box Units shall be added to the plat • Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Mr. Jim Cobb asked if the proposed streets would become city streets. Mr. Jon Ward stated yes, they will. Mr. Cobb asked if each lot would be individually metered. Mr. Ward stated yes, they will. Mrs. Kay Starkweather asked what would be in included in the community areas. Mr. Ward stated that the developer has proposed a swimming pool, a clubhouse, parking lot, and there have been talks of playground areas and walking trails. Cookeville Planning Commission 4 June 27th, 2022 Mr. Justin Cumby, developer for proposed subdivision, stated that Mr. Ward is correct and there will be a combination of playgrounds, pavilions, dog parks, and walking trails. Chad Gilbert made the motion to approve the request submitted by staff. Jim Stafne seconded the motion and the motion carried unanimously. Conditional Approval. Consider for action a variance for a flag lot and a three (3) lot Final Plat located at 321 Scott Avenue (Tax Map 053-J, Group J, Parcel 018.00). Request submitted by Aaron Bernhardt on behalf of Burgess Tennessee Community Trust. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Burgess Tennessee Community Trust, has submitted a request for a variance to allow the creation of one (1) flag lot and a final plat of the Evelyn Burgess Place Division final plat located at 199 Locust Grove Road. Analysis: The subject property is identified as Tax Map 053J, Group J, Parcel 018.00 and contains approximately 0.70 acres. The property is zoned RS-10, “Single-Family Residential” as are the adjacent properties to the east and south. The adjacent properties to the west and north are zoned CG, “General Commercial.” The plat depicts three (3) lots, with a flag lot being created with access from Polly Drive. A flag lot is defined in the Subdivision Regulations as, “a lot which is accessed by a strip of land of a width less than the required street frontage and which is located behind another lot which meets the required street frontage.” Article X, Section G of the Subdivision Regulations specifies that flag lots shall be permitted only for existing lots of record and upon the approval of a variance by the Planning Commission subject to the following conditions: a. The parcel of land proposed for subdivision to include a flag lot shall have depth to width ratio exceeding 2:1. b. No access strip shall be less than 25 feet in width for its entire length. c. The access strip shall provide access for only one lot and shall be deeded and platted as a part of the building site. No building or structure shall be in the access strip. d. The access strip shall not exceed 500 feet in length and no more than two access strips shall be located side-by-side. e. The point where the access strip abuts the public street shall be safe for vehicular ingress and egress as far as visibility and grade are concerned since, unlike conventional lots, flag lots have no other alternatives for driveway locations. f. All required building setbacks shall apply and be measured from the boundaries of the portion of the lot excluding the access strip. g. The developer shall restrict the flag lot from further subdivision unless a street meeting all requirements, including right-of-way, is constructed. Said restriction shall be placed on the Final Plat. In no case shall a flag lot be used to avoid constructing a street to the required standards. A variance was approved by the Board of Zoning Appeals on June 9, 2022, to reduce the lot width at the building setback line from 75 feet to 70 feet for proposed lot one (1) to allow for the required width of 25 feet for the proposed flag lot. The plat must be revised to show the correct rear setback requirements of 20’ for the RS-10 district. The property is served by an existing six (6) inch water line located in the Polly Drive right-of-way. Private sewer will connect to the existing eight (8) inch gravity sewer main also located in the Polly Cookeville Planning Commission 5 June 27th, 2022 Drive right-of-way. Water Quality Control requires a 20-foot-wide utility easement along the entire northern property line of Lot 2 to serve the lot fronting Scott Avenue. The Cookeville Electric Department requires a 10-foot-wide utility easement along the entire existing southern property line. Gas service is available, if requested. The Fire Department has requested the installation of a fire hydrant located at the corner of Scott Avenue and West Stevens Street to serve the subject property. This new hydrant will also serve Mr. Bernhard’s will also serve Chruchview development located at the corner of Scott Avenue and West Stevens Street. Right-of-way dedication of 25’ from the center line of each street consists of approximately 571 square feet along Polly Drive and approximately 154 square feet along Scott Avenue. Current GIS Data indicates that no portion of the subject property is located within a Special Flood Hazard Area and no area of the property is in a Sinkhole Retention Area. Recommendation: It is the opinion of the Planning Staff that the petitioner has met the criteria for a flag lot and therefore recommends that the variance is granted. Planning Staff recommends conditional approval of the final plat subject to the installation of a required fire hydrant, and any additions and/or corrections as required by the Planning Department and/or other city departments. Jim Stafne made the motion to approve the request submitted by staff. Chad Gilbert seconded the motion. The votes are as follows: Jim Cobb – nay, Chad Gilbert – aye, Judy Jennings – aye, Lauren Metts – aye, Jim Stafne – aye, Kay Starkweather – nay, and Eric Walker – aye. Conditional Approval. Consider for action the reclassification of Lee Seminary Road and Highlands Park Boulevard from a Minor Collector to a Major Collector. Request submitted by Staff. Mr. Jon Ward stated that the Planning Department requests Planning Commission consideration to reclassify Highlands Park Boulevard and a portion of Lee Seminary Road from a Minor Collector Street to a Major Collector Street. Analysis: Highlands Park Boulevard and Lee Seminary Road provide a through street connection from Tennessee Avenue to South Willow Avenue (SR135). Tennessee Avenue is classified as a Minor Arterial Street that provides access to the Interstate 40, 283 Interchange, and South Willow Avenue is classified as a Major Arterial Street. Highlands Park Boulevard was constructed by the City of Cookeville as a part of the Highlands Business Park and was accepted as an official city street in 2015. The street is a four (4) lane divided facility designed to support industrial traffic. A portion of Lee Seminary Road was also improved as part of the Business Park project. This portion includes the transition of Highlands Park Boulevard to Lee Seminary Road, continuing east to South Willow Avenue. This segment of street consists of a three (3) lane facility east of the transition. The Putnam County Board of Education has acquired property at 2000 Lee Seminary Road (Map 065, Parcel 118.03) and submitted a site plan for a new K-8 school. This property is located at the transition of Highland’s Park Boulevard and Lee Seminary Road and the southern continuation of Lee Seminary Road. The property is zoned RS20, Single-Family Residential. Section 210.3B of the Zoning Code permits public schools as a Use Permitted Upon Appeal (Special Exception) subject to approval of the Board of Zoning Appeals provided the following conditions are met: 1. Shall be located on streets with a classification of no less than major collector status 2. When adjacent to lots zoned or used for residential purposes a Type 2 Screen/Buffer Yard as specified in Section 208 of this Zoning Code shall be provided along all shared lot lines Cookeville Planning Commission 6 June 27th, 2022 The facilities appear to meet most standards of a Major Collector Street as per the requirements of the Minimum Street Construction Cross-Sections by Functional Classification of Street included in the Cookeville Subdivision Regulations. The Public Works Department concurs that a reclassification is acceptable. Recommendation: Approval of the reclassification Jim Cobb made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Study Items: (1) Consider for study amendment to the 10th street Old Kentucky Commons PCD Plan relative to screening. Request submitted by Staff. (2) Consider for study, delegation of minor plat approvals to Planning Staff, Request submitted by Staff. (3) Consider for study amendments to the Zoning Code, Section 218, PRD, Planned Residential Development. Request submitted by Staff. Jim Cobb made the motion to accept the above items for study. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Staff Reports: • Masters Subdivision Re-Division of Lots 4-6, two (2) lots located on East 16th Street & Mississippi Avenue – Hillary Froning • Slingshot Partners Division, one (1) lot located at 1694 West Broad Street – Josh Stites • Cookeville Housing Authority Division, one (1) lot located at 235 West Jackson Street – Cookeville Housing Authority • Midway Heights Lot 8 Re-Division Revised Amended Plat, six (6) lots located at Inglewood Drive, Wall Avenue & East 10th Street – Wade Verbal & Capital Communities, LLC (utility easement relocation only) • Magnolia East 2 Lot Final Plat, two (2) lots located on East 10th Street – Jerry Gaw • C.H.I./Cookeville, LLC Re-Subdivision of Lot 2-B, two (2) lots located at West Stevens Street & South Willow Avenue – Stevens Street Baptist Church (053-I, D, 020.02) Adjournment: 6:08 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission