Planning Commission

Cookeville Planning Commission Minutes July 25th, 2022 The Cookeville Planning Commission met on Monday, July 25th, 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, Eric Walker & Jim Woodford. Members Absent: Kay Starkweather & Leslie Sullins. Staff Members Present: Jon Ward, Christopher Phillips, Ken Young & Haley Dickson. Staff Members Absent: James Mills. Others Present: Gary M. Ray, Phyllis Davidson, Garry McNabb, Kim Oatsvall, Delbert Oatsvall, Richard Jones, Mark Troyer, Jennifer Lindsay, Daniel Wallace, Jason Clompton, David Frizzell, Jerry B. Cantrell, Daniel Deason, Amanda Carlen, and Clarissa & Herbert Williams. Establishment of Quorum: Chairman Woodford announced that a quorum was present for the meeting. Consider for Approval the Agenda as Submitted. Eric Walker made the motion to amend Action Item 9 on the agenda to “9A. Hold a public hearing and consider for action an amendment to the Future Land Use Concept Plan of the Cookeville 2030 Plan to reclassify an area located on North Old Kentucky Road and East 10th Street as appropriate for Lower-Density Residential to being appropriate for Planned Commercial Development. 9B. Hold a public hearing and consider for action an amendment to the Future Land Use Concept Plan of the Cookeville 2030 Plan to reclassify an area located north of Bennie Drive as appropriate for Planned Commercial Development to being appropriate for Lower-Density Residential.” Jim Cobb 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. Consider for action six (6) month extension of the preliminary plat of Kensington Subdivision, 41 lots located on Buffalo Valley Road. Request submitted by Aaron Bernhardt. Mr. Chris Phillips stated that developer David Burnett, on behalf of B&B Partnership, has submitted a request for a six (6) month extension of the preliminary plat of Kensington Subdivision, a 41-lot single-family detached development of their property located on Buffalo Valley Road. This proposal was taken for study by the Planning Commission at the June 28, 2021 meeting and was conditionally approved at the July 26, 2021 meeting. 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 work on the site is underway. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission. Chad Gilbert 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 25th, 2022 Consider for action a six (6) month extension of 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 Andy Milton. Mr. Chris Phillips stated that Mr. Michael Cunningham has submitted a request for a six (6) month extension of the preliminary plat of Michael Cunningham South Jefferson Avenue Division, eight (8) lots located at South Jefferson Avenue and Old Sparta Road. This proposal was conditionally approved at the July 26, 2021 meeting. 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 work on the site is in progress. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission. Chad Gilbert made the motion to approve the request submitted by staff. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Consider for action a second six (6) month extension of the preliminary plat of Westfield Court, six (6) lots located at 461 West Stevens Street. Request submitted by Andy Milton. Mr. Chris Phillips stated that Mr. Andy Milton has submitted a request for a second six (6) month extension of the preliminary plat of Westfield Court Subdivision, six (6) lots located at 461 West Stevens Street. This proposal was taken for study by the Planning Commission at the September 28, 2020 meeting and was conditionally approved at the October 26, 2020 meeting. A six (6) month extension was approved at the October 25, 2021 meeting. Analysis: As provided in Article II, Section D, Subsection 9 of the Subdivision Regulations, up to two six (6) month extensions 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. Substantial work has been done on the development. Recommendation: Approval of the request for a second six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission. Chad Gilbert made the motion to approve the request submitted by staff. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Consider for action the final plat of Eddie Gaw Family Lot Line Adjustment, three (3) lots located at 1944, 1948 & 1950 North Dixie Avenue. Request submitted by Eddie Gaw. Mr. Chris Phillips stated that Mr. Eddie Gaw has submitted for approval a final plat of the Eddie Gaw Family Lot Line Adjustment, a three (3) lot plat located at 1944, 1948, and 1950 North Dixie Avenue along with additional area fronting North Willow Avenue. Analysis: The purpose of the submitted plat is to redefine the existing lot lines of the subject properties. No new lot is being created by the lot line adjustments. The subject properties are identified as Parcels 029.00, 031.00, and 031.01 on Tax Map 040B, Group A and contain approximately 4.67 acres. Parcels 029.00 and 031.01 are zoned RS-10, “Single-Family Residential” and Parcel 031.00 is split-zoned RS-10, “Single-Family Residential” and CL, “Local Commercial.” Adjacent properties to the north, east, and south are zoned RS-10, “Single-Family Residential.” The adjacent properties to Cookeville Planning Commission 3 July 25th, 2022 the west are zoned CL, “Local Commercial.” The lot line adjustments will not create any nonconforming issues with any of the lots. The house at 1950 North Dixie Avenue is being divided from Parcel 031.00 (Lot 1) to be on a separate .34-acre lot shown as Lot 2. The house on Parcel 031.01 (1948 North Dixie Avenue) is being combined with Parcel 031.00 (Lot 1). Parcel 029.00 containing 1944 North Dixie Avenue is being reconfigured to sever a large portion of the western area of the tract to add to Parcel 031.00 leaving the remaining Lot 3 as .60-acre. The surveyor has submitted a request on behalf of the owner that the requirement to install sidewalks be waived, as there is no net increase in the number of lots being created. All lots fronting North Dixie Avenue contain existing structures. When Lot 1 fronting North Willow Avenue is developed in the future, sidewalk installation will be addressed in the site planning process. Recommendation: Approval of the request to waive sidewalk installation requirement and conditional approval of the final plat subject to any additions and/or corrections to the plat 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 and the motion carried unanimously. Approved. Consider for action the final plat of Highlands Residential Services Road Dedication, one (1) lot located on Buffalo Valley Road. Request submitted by Highlands Residential Services. Mr. Chris Phillips stated that Highlands Residential Services has submitted for approval the final plat of Highlands Residential Services Road Dedication, a one (1) lot plat for new street development located at 761 Buffalo Valley Road. A preliminary plat was approved at the June 24, 2019, Planning Commission meeting. A six (6) month extension was approved at the June 22, 2020, Planning Commission meeting and a second six (6) month extension was approved at the January 25, 2021 Planning Commission meeting. A resubmitted preliminary plat was approved at the July 26, 2021 Planning Commission meeting. The new public street with the proposed name of Acorn Drive has been constructed to serve the Oak Tower residential development and no additional building lots have been created. Analysis: The submitted final plat is a portion of the subject property identified as Parcel 027.00 on Tax Map 054 and contains approximately 1.01 acres. The entirety of the property is zoned RM-8, “Multi-Family Residential,” as is the adjacent property to the north. The subject property is bordered by RS-10, “Single-Family Residential” to the west and south. The adjacent properties to the east are bordered CL, “Local Commercial” and RM-14, “Multi-Family Residential.” The new street is approximately 700 feet in length and has a 50-foot right-of-way ending in a cul-de- sac. The preliminary plat depicted the cul-de-sac as only temporary that would have allowed for future development; however, future development will no longer occur off the proposed new street. Public Works has verified that the cul-de-sac has been built to city standards. The plat depicts the construction of a new four (4) foot wide sidewalk along the eastern right-of-way of the new street within a construction/maintenance easement. A retaining wall is depicted along the eastern portion of the new street. The plat was revised to narrow the street right-of-way as needed to place all of the wall on the Highland Residential property and out of the dedicated right-of-way. A 15-foot utility easement is depicted along the western right-of-way of the new street. A stop sign and a street sign have been installed. Cookeville Planning Commission 4 July 25th, 2022 Recommendation: Approval of the final plat subject to any additions and/or corrections to the plat as required by the Planning Department or other city departments. Jim Stafne made the motion to approve the request submitted by staff. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Consider for action the final plat of Prescott Heights Division, seven (7) lots located on West Cemetery Road and White Road. Request submitted by Russ Fowler. Mr. Chris Phillips stated that Mr. Russ Fowler with Fowler & Sons Construction, LLC., has submitted for approval the final plat of Prescott Heights Division, a seven (7) lot single-family detached development located on West Cemetery Road and White Road. This item was taken for study at the June 22, 2020 Planning Commission meeting and a preliminary plat was initially approved at the July 27, 2020 Planning Commission meeting. A six (6) month extension was granted at the July 26, 2021, Planning Commission meeting and a second six (6) month extension was granted at the January 24, 2022 Planning Commission meeting. Analysis: The subject property is identified as Tax Map 083J, Group C, Parcel 005.00 and contains approximately 3.39 acres. The property is zoned RS-10, “Single-Family Residential” as are the adjacent properties to the north, east, and west. The property is also bordered by CG, “General Commercial” to the north and RS-20, “Single-Family Residential” to the south. Prescott South Elementary School is located on the adjacent property to the south. The final plat was submitted due to the completion of the extension of sewer to the property and the installation of conduit for electric service. The development consists of seven (7) building lots for the construction of single-family detached developments. Lot 1 fronts White Road, while Lots 2-7 front West Cemetery Road. Right-of-way dedication along White Road on Lot 1 is shown on the plat. An adjacent property’s driveway from White Road encroaches onto the subject property. The developer has granted an easement as shown on the plat to allow the driveway to remain. A fire hydrant is located on the south side of West Cemetery Road that will serve the subject property. A six (6) inch water line located in the right-of- way of White Road will provide service to Lot 1. An eight (8) inch sewer line also located within the White Road right-of-way will provide service to Lot 1. Lots 2-7 will be serviced by the six (6) inch water line and eight (8) inch sewer line located in the West Cemetery Road right-of-way. The developer made the decision not to install natural gas in the subdivision, even though it is available. All electric has been installed underground per Cookeville Electric Department specifications and the developer will be responsible for the cost of upgrading any poles for street lighting. Public Works had no concerns with the final plat. State approved water and sewer “as-built” plans have been submitted to Water Quality Control. Recommendation: Conditional approval of the final plat subject to any additions and/or corrections to the plat as required by the Planning Department and/or any other city departments. Chad Gilbert made the motion to approve the request submitted by staff. Jim Stafne 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 reclassify an area located on North Old Kentucky Road and East 10th Street as appropriate for Lower-Density Residential to being appropriate for Planned Commercial Development. Request submitted by Eric Brown on behalf of Track West Partners Cookeville Planning Commission 5 July 25th, 2022 and Calvary Baptist Church. This item was postponed at the June 27th Planning Commission meeting. Mr. Jon Ward stated that Mr. Eric Brown, on behalf of Track West Partners and Calvary Baptist Church, has submitted a request to amend the Future Land Use Concept Plan element of the Cookeville 2030 Plan. Specifically, Mr. Brown is requesting that the Concept Plan be amended to expand an area identified as appropriate for Planned Commercial Development. This item was postponed for action at the Jun 27, 2022, Planning Commission Meeting to include the consideration to the parcels along Bennie Drive. Analysis: The Cookeville 2030 Plan was adopted by the Cookeville Planning Commission on October 25, 2010 and adopted by the Cookeville City Council through Ordinance No. O10-11-14 on December 16, 2010. Three (3) amendments to the 2030 Plan have been approved since the Plan was adopted. The first amendment relative to the Bennett Road Extension Project (Tennessee Avenue) was approved by the Planning Commission on May 21, 2012 and adopted by the City Council through Ordinance No. O12-06-08 on August 2, 2012. A second amendment relative to East 10th Street Planned Commercial Development was adopted by the Planning Commission on October 22, 2018 and by the City Council through Ordinance No. O18-11-31 on January 17, 2019. The third amendment relative to the West Broad Street local commercial extension was adopted by the Planning Commission on February 22, 2021 and by the City Council through Ordinance No. O21-03-05 on May 6, 2021. The procedure for the adoption of and/or amendment to a municipal plan is specified in Tennessee Code Section 13-4-202. The Planning Commission must review and make a recommendation to the City Council regarding any amendment to the plan. The City Council must hold a Public Hearing, for which at least a 30-day notice must be given, before considering an Ordinance to amend the plan. The Future Land Use Concept Plan is a component of the Development Plan Element of the 2030 Plan and is intended as a guide for land use decisions. Zoning/rezoning decisions should be made in harmony with the Concept Plan. Rezoning proposals that significantly deviate from the Concept Plan generally should not be approved. The subject area is identified as a portion of Tax Map 041P, Group B, Parcel 004.00. The subject property is located at 950 North Old Kentucky Road and is currently zoned RS10, Single-Family Residential. The property is currently occupied by Calvary Baptist Church. The area contains a portion of undeveloped property at the corner of North Old Kentucky Road and East 10th Street. The property is included in an area classified in the Future Land Use Concept Plan as best suited for lower-density residential development. Mr. Brown contacted the Planning Department regarding rezoning the property for commercial development. Rezoning for commercial development does not comply with the Future Land Use Concept Plan. Mr. Brown is requesting that the City consider amending the 2030 Plan so that commercial rezoning would comply. The subject property has characteristics appropriate for commercial development including frontage on streets of major collector or higher classification and access to adequate utilities. East 10th Street is classified as a Major Arterial Street. Traffic counts on East 10th Street east of Fisk Road show an Average Daily Traffic Count of 16,460 in September 2020 and 17,159 vehicles in May 2021. Old Kentucky Road is classified as a Major Collector Street. Traffic counts on Old Kentucky Road south of the East 10th Street intersection show an Average Daily Traffic Count of 5,626 in April 2019 and 5,717 in February 2020. Generally, lower-density residential development is better suited on properties with frontage on minor collector or local street classification. Significant changes have occurred in this area since the 2030 Plan was adopted. First, the Old Kentucky Commons PCD plan was approved by Ordinance in 2019 and several aspects of the PCD Cookeville Planning Commission 6 July 25th, 2022 Plan are complete, with Food City opening in April 2022. East 10th Street was identified in the Cookeville Major Street Plan as needing improvements. The Old Kentucky Commons Development initiated the East 10th Street widening project that is currently in progress. Phase One of this project includes widening East 10th Street from three (3) to five (5) lanes from Chocolate Drive to Wilson Avenue. Phase Two of this project will continue these street improvements from the terminus of Phase One to Fisk Road. The project to widen East 10th Street will include new sidewalks on both sides of the street. The Future Land Use Plan was amended in 2019 for the Old Kentucky Commons Development adjacent to the subject property. Through this amendment process, a new Future Land Use Designation was established to permit commercial and private service uses of a regional scale that would require site plan approval as a condition of rezoning. This new designation was introduced to provide a mechanism to establish enhanced protections for nearby single-family residential neighborhoods as a condition of rezoning. Planned Commercial Development Zoning is compliant with this Future Land Use Classification. The subject property is also bordered by a parcel that is the location of the Center of Vision. This is a legal non-conforming commercial use in the RS10, Single Family Zoning District. In the opinion of the Planning Department, the property on the corner is better suited for commercial development. The Planning Department developed an amendment that would include an area of approximately 2.15 acres, including street rights-of-way, at the southwest corner of East 10th Street and North Old Kentucky Road as best suited for Commercial Planned Development. The Planning Department received calls relative to a notice of public hearing that was provided to property owners in the vicinity of the proposed amendment. Residents on Bennie Drive had concerns with existing single-family lots in the residential subdivision being included in the Commercial Planned area designation. The Planning Department has provided a revision to the proposed amendment that would reduce the Commercial Planned area by approximately 5.89 acres and designate this residential area as being best suited for Lower Density Residential Development. At the June Planning Commission meeting, the property owner at 1445 East 10th Street, currently occupied by the Center for Vision optometrist office requested to include his property in the amendment to the Future Land Use Plan. The subject property is identified as Tax Map 041P, Group B, Parcel 003.00. The parcel is currently zoned RS-10 and contains a legally nonconforming commercial business. Including this property would provide an opportunity to rezone the property to bring the non-conforming use into compliance with the Zoning Code, however, the structure would remain as non-conforming. In the opinion of the Planning Department, the area located on the corner of East 10th Street and North Old Kentucky Road is better suited for commercial development. Recommendation: Approval of amending the Development Plan element of the Cookeville 2030 Plan depicting on the Future Land Use Concept Plan map an area located at the southwest intersection of East 10th Street and North Old Kentucky Road and along East 10th Street as being best suited for Commercial Planned Development, amending an area north of Bennie Drive as being best suited for Lower Density Residential Development. Ms. Amanda Carlen, of 1490 East 10th Street, stated that she lives across the street from the new Food City development. Ms. Carlen stated that she doesn’t want more commercial to go across from her house and that there is no reason for it. She stated that Cookeville has plenty of land to move this Cookeville Planning Commission 7 July 25th, 2022 development to. Ms. Carlen stated that Food City hasn’t held up to their promises and believes that traffic and everything is only going to get worse. She stated that she understands that the church wants to sell but doesn’t want commercial development in front of her house. Ms. Carlen stated that traffic is bad enough to where she can’t get out of her driveway and commercial development in this area is taking the heart out of Cookeville. Mr. Jim Stafne stated that he had done research into the different uses that the PCD allows and that there are 22 different uses can be proposed for a PCD. Ms. Carlen stated that she was told that there will not be any fast-food restaurants in front of her house when this plan was first approved. Bill Davidson, of 1480 East 10th Street, stated that he has concerns with 10th Street. He stated that when he left his house to come to this meeting that the traffic was backed up to Fisk Road from his house. Mr. Davidson doesn’t want access road to be off 10th street. Against any changes. Clarissa Williams, of 1372 Ivy Lane, asked when the 10th Street widening project is planned to end. Mr. Jon Ward stated that the contractor has asked for 3-week extension. Mrs. Williams stated that every house has had sewer issues in her subdivision and has more infrastructure issues than just streets. She stated that Cookeville has a growing population but has taxpayers & citizens that are dealing with issues from commercial development. She asked what the planned progress timeline is for the current project. Mrs. Carlen stated that they have changed the streetlights after the grocery store was approved. She stated that the light poles are on the grocery store side with more lights shining into her home. Mr. Ward stated that he will look into what the Electric Department can do to help with light pollution. Mrs. Carlen stated that property values in Cookeville are going up, except for the area she lives in. She stated that if the property is rezoned for houses, she understands it will be a short inconvenience for construction but doesn’t want the inconvenience for a commercial property. Dr. Clompton, who has a business at 1445 East 10th Street, stated that he is not really opposed to the change since his property is commercial. He stated that he did not have any complaints or opposition until Cookeville received significant rainfall and his building flooded. He stated that with the road widening and new development, his building is at risk of being severely flooded in the future. Dr. Clompton doesn’t know what the relief is with the zoning but wants to bring attention to the issues with his property before any development is made on the proposed property located on the other side of his business. Kim Oatsvall, of Calvary Baptist church, stated that pulling out of her driveway is difficult but other drivers allow her to get out. She stated that the church doesn’t want the property to just go to anyone. Mrs. Oatsvall stated that the church has benefitted from having the Food City across the street and believes that the commercial development would be beneficial. Gary Brady, of 1039 Wilson Avenue, stated that if this goes forward, he is concerned with it being a burger joint that would be open 24 hours. Mr. Brady asked which road the location would it come off of, as 10th street would be a nightmare to have access off of. Jerry Cantrell, of 1373 East 10th Street, stated that his concern is the congress body hasn’t considered the traffic problem before the construction and development. He stated that there were 129 accidents Cookeville Planning Commission 8 July 25th, 2022 from January 2021 to November 2021. He stated that 10th Street is a straight line road with issues of cars speeding down street and believes that the lowering of the speed limit from 45 to 35 is not working. Michael, representative for Civil Logistics, believes that the corner where the proposed amendment is located is not suited to residential due to all of the traffic. He stated that the property is better suited for commercial. He stated that the whole drainage system would be on site and would tie into the inlets on the street. If the property goes to PCD, not just anything could go there. He stated that there are rules and stipulations that will be put on the property. David Frizzell, of 1361 East 10th Street, stated that he moved from Nashville before the road widening project and was not aware that 15 feet of is property would be taken. He stated that if he had known about the road widening and grocery store project that they would not have bought the house. Councilman Eric Walker stated that he listened to everyone’s concerns, and he was part of the decision on the previous land use change for the other PCD project. He stated that the city made a lot of promises to get the major grocery store and the street widening hasn’t been finished yet. He stated that from his perspective, they should not move forward with rezoning to PCD. He stated that he is not sure what the road development is going to do, and that 10th Street does get busy and does slow down at night and becomes neighborhood road. Councilman Walker stated that he doesn’t know of any other place in Cookeville where there is a fast-food restaurant in front of houses. He doesn’t think PCD is the right way to go since the city hasn’t upheld the promises made for the first PCD amendment. Ms. Lauren Metts stated that she understands everyone’s concerns but she doesn’t agree with residential zoning for the proposed property. She stated that this request is for the Future Land Use Plan, not a rezoning. She stated that in the future, this property is appropriate for commercial. Ms. Metts stated that allowing the change will make the developer come back with a plan when it is ready. Mr. Chad Gilbert stated that he wants to emphasize that this is not a rezoning and the PCD plan will come back for the commission to review. He stated that the corner is cradled in nonresidential use and PCD doesn’t mean that no residential is allowed. Councilman Walker stated that this is not limiting anything and the road has been in poor condition for years. Ms. Judy Jennings stated that she agrees with Councilman Walker and it is too soon to change the plan Eric Walker made the motion to deny item 9A. Jim Cobb seconded the motion. The votes are as follows: Jim Cobb – aye, Chad Gilbert – nay, Judy Jennings – aye, Lauren Metts – nay, Jim Stafne – aye & Eric Walker – aye. The motion carried. Denied Item 9A. Hold a public hearing and consider for action an amendment to the Future Land Use Concept Plan of the Cookeville 2030 Plan to classify an area located north of Bennie Drive as appropriate for Planned Commercial Development to being appropriate for Lower-Density Residential. Analysis: Provided with Item 9A. Recommendation: Approval of amending the Development Plan element of the Cookeville 2030 Plan depicting on the Future Land Use Concept Plan map an area north of Bennie Drive as being best suited for Lower Density Residential Development. Cookeville Planning Commission 9 July 25th, 2022 Councilman Eric Walker made the motion to approve item 9B. Jim Stafne seconded the motion and the motion carried unanimously. Approved Item 9B. Hold a public hearing and consider for action amendment to the 10th street Old Kentucky Commons PCD Plan relative to screening. Request submitted by Staff. Mr. Jon Ward stated that the Planning Department has prepared for consideration an amendment to the 10th Street Old Kentucky Commons PCD Plan relative to the screening requirements established by the City Council through Ordinance No. O18-11-31 on January 17, 2019. Analysis: The Old Kentucky Commons PCD Plan was approved by the City Council through Ordinance No. O18-11-31 on January 17, 2019. The proposed landscape plan depicted a triple row of evergreen trees along the southern boundary. At approval, Council established additional standards for screening of the development along the southern boundary. These standards include “Evergreen trees used as screening between the development and Bilbrey Park” and that those trees should, “be a minimum of 10 feet in height at the time of planting.” The Final PCD Plan for the development was approved by the Planning Commission on August 24, 2020. The final plan depicted significant elevation differences and a wetland in the southeast area of Old Kentucky Commons development at the boundary with Bilbrey Park. Some screening trees have been installed per the plan for the majority of the southern boundary and additional trees will be required to be installed to meet spacing requirements in the area where trees have been planted. The area in question contains some existing mature trees and other vegetation. Due to topographic and environmental conditions in the area, the Planning Department had concerns with implementing the PCD screening in this area, which would require the existing vegetation to be removed and could provide a lesser screen than the existing vegetation provides. The Planning Department consulted with the Public Works Department, and the City’s Urban Forester regarding screening in the subject area. The difference in elevation provides a significant challenge to the effectiveness of the PCD screening requirements. The Old Kentucky Commons development is approximately 16-18 feet higher than the existing lots in Bilbrey Park. The subject area is also a wetland. Some tree species are suitable for wet soils, but new trees could be difficult to establish. These issues were reviewed with the City’s Urban Forestor, who concurs that some considerations would be appropriate. The existing vegetation would have to be removed and new evergreen trees would need to be planted in the area to meet the requirements of the current PCD Plan. It would take many years for any new growth to reach the screening of the existing vegetation. The Planning Department sent letters to the three (3) residents of Bilbrey Park adjacent to the subject area. The letters requested resident comments if they would prefer to keep the existing vegetation or require implementation of the PCD Plan. Responses from the majority of the residents were to keep the existing vegetation. They were satisfied with the current screening provided by the existing trees and vegetation and understood that the screening would be less during the winter months. Section 224.19C (5.) of the Zoning Code states, Minor Amendments to the Final PCD Plan may be submitted to the Department of Planning and Codes for review and approval. If the Department of Planning and Codes determines that the amendment is substantially different from the Preliminary PCD Plan and/or involves a change in the intent of the character of the PCD, then the amendment will be forwarded to the Planning Commission for approval, at which time a Public Hearing will be held. Cookeville Planning Commission 10 July 25th, 2022 In the opinion of the Planning Department, this change would require Planning Commission approval as stipulated in the Zoning Code. Recommendation: Approval of the amendment to the PCD Plan relative to screening requirements. Mark Troyer, of 1956 Bennie Drive, stated that he understands lighting is an issue. Mr. Troyer would prefer the trees stay rather than tearing them down and planting new trees. Jennifer Lindsay, of 1590 Bennie Drive, stated that she would also like to leave screening as is. Ms. Lindsay would want to have the trees there since the foliage is a good screen for their back yard. Jim Cobb made the motion to approve the request submitted by staff. Eric Walker seconded the motion and the motion carried unanimously. Approved. Consider for action, delegation of minor plat approvals to Planning Staff, Request submitted by Staff. Mr. Jon Ward stated that the Planning Department requests recommendation from the Planning Commission to continue to administratively approval of subdivision plats in consideration of Public Chapter 994 amending TCA 13-402. Analysis: Public Chapter 994 was signed into law on May 4, 2022 by Governor Bill Lee. This new legislation revised TCA 13-3-402 and TCA 13-4-402 which provides the procedure for planning commissions to delegate authority to the planning staff for subdivision plat approval. This new law affects both regional and municipal planning commissions. Public Chapter 994 Section 4 amends TCA 13-4-302(a) by deleting the language “no more than two (2) lots” and substituting “no more than twenty-five (25) lots if the development received preliminary plan approval through the municipal planning commission, or five (5) lots if the development did not require preliminary plan approval through the municipal planning commission” and is further amended by deleting the language “upon certification by the municipal planning commission if the commission has delegated this responsibility to its planning staff pursuant to subsection (d).” Section 5 amends TCA 13-4-302(c) by deleting the first sentence and substitution the following language: “A county register shall not file or record a plat of a subdivision of land, or an amendment, modification, or correction to a recorded plat of a subdivision, within the municipality without the approval of the municipal planning commission, or the planning staff of the municipal planning commission if this responsibility has been delegated to the staff as provided in subsection (d), as required by this part. Section 6 amends TCA 13-4-302 by adding the new subsection (d) which states: (1) A municipal planning commission may delegate the responsibility for approval of a subdivision plat to the planning staff of the municipal planning commission by a majority vote of the municipal planning commission that is taken at a public meeting after being placed on the municipal planning commission’s meeting agenda and notice being provided as required for other matters before the municipal planning commission. (2) This delegation may only include subdivision plats that include: (A) No more than twenty-five (25) lots and only if the development received preliminary plan approval through the municipal planning commission; or (B) No more than five (5) lots if the development did not require preliminary plan approval through the municipal planning commission; provided, that: Cookeville Planning Commission 11 July 25th, 2022 (i) The subdivision complies with such regulations governing a subdivision of land as adopted by the municipal planning commission pursuant to 13-4-303; and (ii) No request for a variance from such regulations has been requested; and (iii) A division of land requiring a new road or utility construction is not approved by the planning staff under this subsection (d) unless the plan received preliminary approval by the municipal planning commission. (3) A municipal planning commission shall not delegate to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, consistent with the parameters of this section, unless the municipal legislative body approves such delegation by a majority vote of the legislative body. Public Chapter 994 increases the number of plats that can be approved administratively. Previously one (1) and two (2) lot subdivision plats were not required to receive approval from the Planning Commission, and these plats could be approved administratively. Planning Staff has approved one (1) and two (2) lot plats accordingly. The Planning Department has consulted with the City Attorney, and he recommends that approval be delegated per state law. To remain in compliance with the new law, the Planning Staff must also seek approval from the City Council and request approval to bring this before the Council for legislative approval. Recommendation: Approval of the request to continue to administratively approve subdivision plats. Jim Stafne made the motion to approve the request submitted by staff. Chad Gilbert seconded the motion and the motion carried unanimously. Approved. Hold a public hearing and consider for action amendments to the Zoning Code, Section 218, PRD, Planned Residential Development. Request submitted by Staff. Mr. Jon Ward stated that the Planning Department has prepared for consideration amendments to the Zoning Code, Section 218, PRD, Planned Residential Development. Analysis: The Planning Department has developed amendments to the Cookeville Zoning Code, Section 218, Planned Residential Development, to revise the requirements for PRDs consisting of single-family detached developments with minimum lot sizes of 5,000 square feet per lot. The PRD District is intended to encourage flexibility and innovation in land use in residential developments. Through careful planning, such districts provide for the best use of sites consistent with the goals of protecting and embracing the natural environment. At the same time, it is intended that projects within any PRD District provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demands on existing or proposed public facilities. The PRD District permits a maximum of 21 units per acre (approximately 2,075 square feet per dwelling unit). Permitted uses include single-family detached and attached dwellings, zero-lot-line detached and attached dwellings, two-family dwellings, multi-family dwellings, condominiums, and efficiency apartments. The district also requires substantial perimeter setbacks and screening requirements due to the mixture of permitted residential uses allowed at such high densities. Cookeville Planning Commission 12 July 25th, 2022 It is the opinion of the Planning Department that stringent perimeter setback and screening requirements are impediments for developments consisting of single-family detached residential dwelling units on individual lots at a much lesser density that 21 units per acre. The City Council directed the Planning Department to review the PRD guidelines at consideration of a recent rezoning. The proposed amendments reduce the perimeter yard setback requirements and screening requirements for PRDs consisting of single-family detached residential developments with a minimum lot size of 5,000 square feet. The amendments also omit the requirements for location of structures, structure elevations and floor plans for single-family developments at the 5,000 square feet minimum lot size. Revising the PRD guidelines would permit site plan consideration of moderate-density single-family residential developments seeking rezoning. Recommendation: Approval of the proposed amendments Proposed amendments: SECTION 218.7 MINIMUM YARD REQUIREMENTS (As amended by Ordinance No. O03-10-20) The minimum yard requirements for the PRD District shall be as follows: 218.7A Perimeter Yard Requirements 1. The required minimum front yard shall be seventy-five (75) feet unless a Type 2 Screen/Buffer Yard as specified in Section 208 of this Zoning Code is provided, in which case the minimum front yard shall be fifty (50) feet. 2. For Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet, the required front yard shall be thirty (30) feet, except along Major Streets as specified in Section 204.12, where the front yard setbacks shall be fifty (50) feet. 3. The required minimum rear and side yards shall be fifty (50) feet unless a Type 3 Screen/Buffer Yard as specified in Section 208 of this Zoning Code is provided, in which case the minimum rear and side yards shall be thirty (30) feet. 4. For Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet, the required rear and side yard shall be twenty-five (25) feet. 218.7B Interior Yard Requirements 1. The required minimum front yard off any interior street within an area zoned as PRD shall be ten (10) feet. Provided, however should a Final PRD Plan or Final Subdivision Plat depict a setback greater than the minimum, then the setback depicted on the Final Plan or Plat shall apply. 2. The required minimum rear and side yards, unless such yard is adjacent to the perimeter of the area zoned as PRD, shall be zero (0) except under the following circumstances: a. Should a Final PRD Plan or Final Subdivision Plat depict a setback greater than the minimum, then the setback depicted on the Final Plan or Plat shall apply. b. All structures shall be spaced so as to comply with Section 218.15D of this Zoning Cookeville Planning Commission 13 July 25th, 2022 Code. 3. For Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet, the minimum front yard requirements off any interior street shall be twenty-five (25) feet to provide for adequate area to accommodate off-street parking to avoid vehicle encroachment onto the sidewalk or street. 4. For Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet, the minimum side yard requirement shall be 7.5 feet and the minimum rear year shall be 20 feet. The minimum side yard shall be increased by five (5) feet for each story over two (2) stories. SECTION 218.15 DESIGN STANDARDS The following design standards shall apply for all PRD developments: 218.15C Area and Bulk Regulations There shall be no minimum lot size, no minimum setbacks lines (except as specified in Section 218.7 of this Zoning Code), and no maximum percentages of lot coverage in any PRD District, except as provided in Section 218.17C.4.k. for Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet 218.15D Spacing of Structures 1. The location of all structures shall be as shown on the Final PRD Plan. Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet shall be exempt from providing locations of structures. 218.17C Submission of Final PRD Plan and Preliminary Subdivision Plat 4. The Final PRD Plan must include the following information: f. Each building site and common open area, including the location, height and bulk of all buildings and structures, landscaping and other improvements. Also, the type, use and number of units for each structure, and elevation and perspective drawings of structures. Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet shall be exempt from providing elevation and perspective drawings of structures or provide the location, height and bulk of all buildings and structures. g. Floor plan of each type of structure to be built. Planned Residential Developments consisting of single-family detached developments on individual lots with a minimum lot size of 5,000 square feet shall be exempt from providing floor plans for structures. k. Computations of coverage by all buildings, structures, recreational facilities and parking lots within the PRD. Planned Residential Developments consisting of single- family detached developments on individual lots with a minimum lot size of 5,000 Cookeville Planning Commission 14 July 25th, 2022 square feet shall be exempt from providing coverage computations for single-family structures. The maximum lot coverage of 50% shall apply per lot. Jim Stafne made the motion to approve the request submitted by staff. Lauren Metts seconded the motion and the motion carried unanimously. Approved. Study Items: (1) Consider for study the preliminary plat of Saxony Phase IV, 132 lots located on East Spring Street. Request submitted by Garry McNabb. (2) Consider for study the rezoning of 6 parcels located on East Hudgens Street & Watauga Drive from RS-10 to RS-5. Request submitted by Donnie Suits and Wayne Russell on behalf of Robert & Susan Evans. Jim Stafne made the motion to accept the above items for study. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Adjournment: 7:08 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission