Planning Commission

Cookeville Planning Commission Minutes August 22nd, 2022 The Cookeville Planning Commission met on Monday, August 22nd, 2022, at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Jim Cobb, Bob Faulhaber, Judy Jennings, Lauren Metts, Jim Stafne, Kay Starkweather, Leslie Sullins & Jim Woodford. Members Absent: None. Staff Members Present: Jon Ward, Christopher Phillips, Ken Young & Haley Dickson. Staff Members Absent: James Mills. Others Present: Garry McNabb, Betsy Scarisbrick, Stephan Raper & Amiee Phillips Establishment of Quorum: Chairman Woodford announced that a quorum was present for the meeting. Consider for Approval the Agenda as Submitted. Kay Starkweather made the motion to approve the agenda as submitted. Leslie Sullins seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of July 25th, 2022. Jim Stafne made the motion to approve the minutes of July 25th, 2022. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Consider for action six (6) month extension of North Ridge preliminary plat, 10 lots located at North Dixie Avenue & Kenway Street. Request submitted by Aaron Bernhardt. Mr. Chris Phillips stated that Mr. Aaron Bernhardt has submitted for approval a second six (6) month extension of the North Ridge preliminary plat, a 10-lot single-family attached development located at North Dixie Avenue and Kenway Street. This proposal was taken for study at the May 20, 2019, Planning Commission meeting and was conditionally approved at the June 24, 2019, Planning Commission meeting. A six (6) month extension was approved at the June 22, 2020 meeting. A preliminary plat for Phase I was approved at the February 21, 2021, Planning Commission meeting and a six (6) month extension was approved at the February 28, 2022 meeting. Analysis: As provided in Article II, Section D, Subsection 9 of the Subdivision Regulations, two (2) six (6) month extensions can be applied for by the developer and granted by the Planning Commission provided a $50.00 fee is submitted with each request. The developer has submitted the fee along with a written request for an extension. 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 on February 21, 2021. Jim Cobb 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 revised final plat of Evelyn Burgess Place, three (3) lots 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. Christopher Phillips stated that Mr. Aaron Bernhardt has submitted for approval the revised final plat of Evelyn Burgess Place, a three (3) lot single-family detached development located at 321 Scott Avenue. A variance request Cookeville Planning Commission 2 August 22nd, 2022 to create a flag lot and the final plat received conditional approval at the June 27, 2022 Planning Commission meeting. 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 created with access from Polly Drive. As noted on the plat, 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 to allow for the creation of the flag lot. 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. The previous final plat was approved with the condition that a new fire hydrant would be installed at the corner of Scott Avenue and West Stevens Street to serve the subject property. The plat has since been reevaluated by Fire Chief, Benton Young, and the new development will no longer require a new fire hydrant to be installed. The plat has been revised to show the correct 20’ rear setback requirements for the RS-10 District. The plat has been revised to show the 20-foot easement along the entire northern property line of Lot 2 as requested by the Water Quality Control Department and a ten (10) foot utility easement along the entire southern property boundary is shown per the Cookeville Electric Department request. Right-of-way dedication of 25’ from the center line of each street is shown on the revised plat. Recommendation: Conditional approval of the revised final plat subject to additions and/or corrections by the Planning Department and/or any other appropriate city departments Jim Stafne 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 final plat of Landmark Court, 19 Single-Family Attached lots located on East 10th Street. Request submitted by Aaron Bernhardt and Jerry Gaw. Mr. Jon Ward stated that Mr. Aaron Bernhardt and Mr. Jerry Gaw have submitted for approval a final plat of Landmark Court, a 19-lot single-family attached development located on East 10th Street. A resubmitted preliminary plat was approved at the August 26, 2019 Planning Commission meeting for a period of one (1) year. A six (6) month extension was granted on August 24, 2020 and a second six (6) month extension was granted on February 22, 2021 by the Planning Commission. Analysis: The subject property is identified on Tax Map 040L, Group K, Parcel 012.01 and contains approximately 1.35 acres. The subject property is zoned CL, “Local Commercial” as are the adjacent properties to the west and south. The property is bordered by RS-10, “Single-Family Residential” to the north and CN, “Neighborhood Commercial” to the east. The preliminary plat that was approved in August 2019 consisted of 19 building lots and a common lot for a total of 20 lots. In March of 2020, a revised preliminary plat was submitted that reduced the number of building-lots to 18 and a common area lot for a total of 19 lots. In addition, the revised plat also relocated the turnaround from the end of the new street to the middle of the development on the western side of the property. All departments were notified of the plat revisions and there were no objections submitted by any departments to the changes. Fire Chief, Benton Young, has advised that the elimination of the hammerhead at the end of the new street did not affect the ability of fire response operations as his crew would back out of the development even if there was a hammerhead at the end of the new street. All buildings front the new private street proposed as Landmark Court Cookeville Planning Commission 3 August 22nd, 2022 with ingress/egress to East 10th Street. The plat depicts the existing five (5) foot sidewalks along East 10th Street. A new four (4) foot wide sidewalk will be constructed within the development and is shown on the final plat. All dwelling units will be individually metered, and Water Quality Control has stated that five (5) feet of separation from the dwellings to the street frontage is acceptable for their needs. Water Quality Control also stated that they will assume ownership of the water line on this property up to the water meters. In addition, they have also stipulated that a two (2) year warranty for $5,000.00 to guarantee the water lines must be submitted. After the two (2) year warranty expires, the Department will be responsible for the repair of the water line and backfill of its excavations back to approximately the original grade. However, the Department also states that they will not be responsible for the repair of any improvements such as final grading, shrubbery, landscaping, sidewalks, driveways, or roads within the development. These repairs will be the responsibility of the Homeowners Association. This agreement is shown on the plat. Public Works requests that the Easement and Right-of-way Restriction certificate be added to the plat, and that the hatched retention pond be labeled as permanent stormwater drainage per City of Cookeville Subdivision Regulations. They also state that the following items must be completed within 90 days of final plat approval: roadway subgrade, base stone, asphalt, sidewalks, dumpster pad and enclosure, storm drain and pond cleanout, and a fee of $150.00 be submitted for road and stop sign installation. All electric has been installed per Cookeville Electric Department standards. Gas service has not been installed within the development, but a stub is located on East 10th Street. All common areas, sewer, and other infrastructure improvements will be private and maintained by a Homeowner Association Agreement that is required upon final plat recording. Recommendation: The Planning Department recommends conditional final plat approval subject to the following:  Plat to be revised to label the retention pond hatched area as a permanent stormwater drainage  Plat to be revised to include the Subdivision Regulations Form 10 “Easement and Right-of- Way” certificate  Completion of roadway subgrade, base stone, asphalt, sidewalks, dumpster pad and enclosure, storm drain, and pond cleanout as required by Public Works  Developer to pay $150 to Public Works for the installation of a street and stop sign  Developer to submit a financial guarantee for the water lines for a period of two (2) years in the amount of $5,000 as a Warranty of Improvements  Submittal of the recorded Homeowner Association Agreement in a timely manner after the final plat is recorded  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Mr. Jim Cobb asked if the developers have incorporated any visitor parking spaces in their plat. Mr. Ward stated that there is a cushion built into the parking requirements that allow for more than two parking spaces per unit which would be used for visitors. Kay Starkweather made the motion to approve the request submitted by staff. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Cookeville Planning Commission 4 August 22nd, 2022 Consider for action the preliminary plat of Saxony Phase IV, 128 lots, and a use permitted by special review of the Planning Commission, structures proposed in a Sinkhole Retention Area located on East Spring Street. Request submitted by Garry McNabb. Mr. Jon Ward stated that Mr. Gary McNabb has submitted for approval a preliminary plat of Saxony Phase IV, a 132-lot townhome development located on East Spring Street. This proposal was taken for study at the July 26th, 2022, Planning Commission meeting. Analysis: The subject property is identified as Parcel 017.01 on Tax Map 053L, Group C and contains approximately 9.08 acres. The property was recently rezoned from RM-14, “Multi-Family Residential” and CL, “Local Commercial” to CL, “Local Commercial” by Ordinance #O220302 at the May 5, 2022, City Council Meeting. The property is bordered by CL, “Local Commercial” to the east, south, and west and by RM-14, “Multi-Family Residential” to the west, north, and east. Section 221.3A of the Zoning Code stipulates 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 131 single-family attached building lots. Lot 132 is the remaining common area and will include the construction of a new private street and installation of utilities. A new private street is proposed as Saxony Court Drive to provide access off the existing paved drive providing access to East Spring Street. Saxony Court Drive will provide two (2) ingress/egress points for the new development connected to the current driveway that connects to East Spring Street. While no new access cut is being created on East Spring Street, a traffic study or a dedicated right-turn lane has been requested for the development by the city. The city has received a grant from TDOT to construct new ADA compliant sidewalks along East Spring Street in the future. Required interior sidewalks are not shown on the plat. Parking landscape islands are required every 24 parking spots and must be shown on the plat. Public water will connect to the existing six (6) inch water line located in the East Spring Street right-of-way. Water Quality Control states that a master meter will be installed in place of individual meters within the development. The new development will require the current private sewer line to be moved. WQC notes that the project engineer and developer will need to meet with the Department regarding the relocation of this existing sewer line. Developer must submit state approved water and sewer plans to Water Quality Control. The Cookeville Electric Department has requested that all transformers be installed in the front of the development or paved access be constructed behind the development, and that all meters are to be placed on the front of the dwelling units. Developer shall submit plans for the installation of underground electric per the Electric Department design requirements. The Cookeville Gas Department notes that the existing line that serves the event center and laundry will need to be identified and worked around with caution. Public Works requests all proposed water courses and utility easements with dimensions be shown on the plat. Public Works also had concerns with the depiction of the detention pond being placed over the existing box culvert located on the property. Developer must submit a grading plan and obtain a grading permit to Public Works before beginning construction. Developer must submit a roadway construction plan and profile with storm sewer and sidewalk details to Public Works, which shall include typical road section, subgrade, base width and asphalt width. In addition, developer shall coordinate solid waste management with Public Works. Cookeville Planning Commission 5 August 22nd, 2022 Fire Chief, Benton Young, has advised that the proposed new hydrant located at the northwest corner will not be needed, as there is on already an existing hydrant located across the driveway. He further requested that the proposed fire hydrant on the southeast corner be relocated in the island beside Lot 59 to make it easier for hose deployment, if needed. In addition, all the dwelling units will include 13D residential sprinkler systems. No portion of the subject property is located within a Special Flood Hazard Area according to the current Flood Insurance Rate Maps. The southwest portion of the subject property is located within a Sinkhole Retention Area Overlay Zone according to the available GIS Data. Any development within the Sinkhole Retention Area (SRA) overlay requires approval of the Planning Commission, based on the recommendation of the Public Works Department. In an SRA overlay zone, within commercial and industrial districts, uses such as loading areas, parking areas and open space or landscaped areas are permitted by right (Cookeville Zoning Code, Section 231.12B). Uses and structures permitted in the underlying zone may be permitted in a sinkhole retention area as shown on the City of Cookeville Zoning Map only upon application to the Planning Commission and subject to the following conditions (Section 231.14): 231.14A The applicant shall submit to the Department of Public Works and the Planning Commission evidence that the proposed use can be protected from inundation by retaining wall, levee, or other means without undue interference either with the flow of any water course or with any necessary retention basin. 231.14B The Public Works Department shall review the evidence submitted by the applicant and make a written evaluation and recommendation of same to the Planning Commission. 231.14C Upon consideration of said evidence by the Planning Commission, the applicant may be granted a permit with protective measures stipulated as being conditional to approval of the permit. 231.14D No building permit and no use and occupancy permits shall be issued until and unless the above conditions have been met to the satisfaction of the Building Official. 231.14E All subdivision proposals and other new development plans are required to record the boundaries of the sinkhole retention area buffer. This boundary may differ from the established sinkhole retention area buffer only on approval of the Department of Public Works which shall be noted on said plat or plans. The Public Works Department has provided the following recommendation: “Based on the plat, the proposed detention ponds that encroach on the SRA will most likely provide enough volume offset to mitigate the encroachment of the seven (7) structures proposed inside of the SRA. There is also opportunity to create additional volume in a green space just to the east of the existing entrance that could provide a compensating cut to ensure the SRA volume remains the same”. The developer has advised that Bob Vick & Associates is in 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. The developer has stated that he is considering installing a compactor to handle the trash for the entirety of the Saxony development. All common areas, sewer, and other infrastructure improvements will be private and maintained by a Homeowner Association Agreement that will be required upon final plat recording. Cookeville Planning Commission 6 August 22nd, 2022 Recommendation: The Planning Department recommends endorsement of the Public Works recommendation concerning the Sinkhole Retention Area and conditional preliminary plat approval subject to the following:  Developer to complete a traffic study for the development or revise the plat to depict a dedicated right-turn lane on East Spring Street into the development, the length of which is to be determined by the Public Works Department  Plat to be revised to depict required proposed interior sidewalks  Plat to be revised to depict required parking landscape islands for every 24 parking spaces  Plat to be revised to show all proposed water courses and utility easements with dimensions as required by Public Works  Plat to be revised to depict only one (1) new proposed fire hydrant with the location as stipulated by the Fire Chief in the island beside Lot 59  Developer to submit a grading plan and obtain a grading permit to Public Works before beginning construction  Developer must submit a roadway construction plan and profile with storm sewer and sidewalk details to Public Works, which shall include typical road section, subgrade, base width and asphalt width  Developer to coordinate solid waste management with Public Works  Developer must submit state approved water and sewer plans to Water Quality Control  Development engineer shall meet with Water Quality Control to coordinate the relocation of the existing sewer line  All transformers must be installed either at the front of the units being developed or behind the units with paved access and all meters are to be placed in the front of the dwelling units as required by the Cookeville Electric Department  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 Electric and Water Quality Control  After submission of all required plans, the developer must request the Planning Department to schedule a pre-construction meeting with all the appropriate city departments; developer and project contractors are required to attend the meeting  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Mr. Jim Woodford stated that he is concerned about the traffic on East Spring Street and asked if they can require a turning lane after the traffic study. Mr. Jon Ward stated that Mr. McNabb has worked with TDOT regarding the changes and no access points have been constructed therefore no traffic study or permit would be needed. Mrs. Kay Starkweather stated that she has reviewed the TDOT report from 2017 and is interested in what a new study would show and that she is concerned with the addition of new units. Mr. Jim Cobb asked Mr. McNabb if the new proposed units will be rental units or sold. Mr. McNabb stated that the units will be rental units. Cookeville Planning Commission 7 August 22nd, 2022 Mr. Ward stated that there is currently a turn lane in front of the Saxony apartments and the turn lane was constructed as a safety project several years ago. Leslie Sullins made the motion to approve the request submitted by staff. Jim Stafne seconded the motion. The votes are as follows: Jim Cobb – aye, Bob Faulhaber – aye, Judy Jennings – aye, Lauren Metts – aye, Jim Stafne – aye, Kay Starkweather – nay & Leslie Sullins – aye. Consider for action the rezoning of six (6) parcels located on East Hudgens Street and Watauga Drive from RS-10 to RS-5. Request submitted by Donnie Suits and Wayne Russell on behalf of Robert and Susan Evans. The developer has requested that this item be postponed until the September 26th meeting. Mr. Jon Ward stated that Mr. Donnie Suits has requested that this item be postponed until the September 26th Planning Commission meeting. Leslie Sullins made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for action a resolution authorizing administrative plat approvals. Request submitted by staff. Mr. Ward stated that the Planning Department requests approval from the Planning Commission to delegate subdivision plat approval to Planning Staff in accordance with Public Chapter 994. Analysis: At the July 25, 2022, Planning Commission meeting, the Planning Department requested a recommendation from the Planning Commission to seek City Council approval to continue to approve subdivision plats administratively in accordance with Public Chapter 994, Public Chapter 994 amended Tennessee Code Annotated Section 13-402 to permit Planning Staff to approve subdivision plats of up to twenty-five (25) lots if the development received preliminary plat approval through the Municipal Planning Commission and subdivision plats of up to five (5) lots if the development did not require preliminary plat approval. A recommendation was approved by the Planning Commission and the City Council approved Resolution #R22-08-29 on August 4, 2022, authorizing delegation of subdivision approval to Planning Staff in accordance Public Chapter 994. The Planning Department is requesting the Planning Commission approve by Resolution delegation of plat approvals to Planning Staff. The Planning Department is acceptable to delegation of subdivision plat approval at the Department’s discretion, as authorized by Public Chapter 994. This would include up to twenty-five (25) lots if the development received preliminary plat approval through the Municipal Planning Commission and plats with up to five (5) lots if the development did not require preliminary plat approval. If the Planning Commission would prefer to limit plat approval by staff, the Planning Department ask for delegation of approval of subdivision plats with up to three (3) lots at staff’s discretion if the development does not require preliminary plat approval. Recommendation: Approval of delegation of plat approval at the Planning Department’s discretion as authorized by Public Chapter 994. Mr. Jim Cobb asked if the Planning Commission is making a motion to specify the number of lots allowed to be approved by staff. Mr. Jon Ward responded with yes, staff will need to revise the resolution if the Planning Commission’s decision differs from proposed resolutions. Kay Starkweather made the motion to approve the request submitted by staff. Bob Faulhaber seconded the motion and the motion carried unanimously. Approved. Cookeville Planning Commission 8 August 22nd, 2022 Study Items: (1) Consider for study rezoning property located at 314 North Walnut Avenue (Tax Map 053B, Group H, Parcel 019.00) from MS (Medical Services) to CL (Local Commercial). Request submitted by Judy Nguyen. (2) Consider for study rezoning property located at 4, 8, 10, 16 & 18 West Spring Street (Tax Map 053G, Group J, Parcels 001.00, 002.00, 002.01 & 005.01) from CL (Local Commercial) to CBD (Central Business District). Request submitted by Lauren Metts on behalf of Ben Greening, Marilee Hall & Sadie Wang. (3) Consider for study rezoning property located at 116 &130 North Hickory Avenue and 169 & 175 Montgomery Avenue from MS (Medical Services) to CL (Local Commercial) and establishment of RAO district for same. Request submitted by Burton Nelson. (4) Consider for study amending the Zoning Code for the addition of an RS-7.5 Zoning District. 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: 1. Minor Plat Approved and Recorded:  Newman Drive – Stites Division, two (2) lots located on Newman Drive – John Stites  Holladay Heights Block I Re-Division Lots 10-12 & 4-9 (p/o), two (2) lots located on Freedom Avenue – Jackie Schubert  TWAS Properties LLC Final Plat, two (2) lots located on South Jefferson Avenue – SHJ Construction Group/TWAS Properties LLC  Country Bumpkin Lot Line Adjustment, two (2) lots located on West Stevens Street & South Willow Avenue – City of Cookeville and Sheila & Terry Carr Adjournment: 6:06 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission