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Planning Commission

Regular Meeting

Cookeville, TN · October 24, 2022

AgendaMinutes

Minutes

Cookeville Planning Commission Minutes October 24th, 2022 The Cookeville Planning Commission met on Monday, October 24th, 2022, at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Ali Bagci, Jim Cobb, Bob Faulhaber, Judy Jennings, Lauren Metts, Jim Stafne, Kay Starkweather & Jim Woodford. Members Absent: None. Staff Members Present: Jon Ward, Christopher Phillips, Ken Young & Haley Dickson. Staff Members Absent: James Mills. Others Present: Mark Tribble, Stephen Raper, Johnny Chaffin, Joe Nichols, Tom Cooper, Aaron Bernhardt, Cindy Maddux Sexton & Taylor Dillihay. Establishment of Quorum: Chairman Woodford announced that a quorum was present for the meeting. Consider for Approval the Agenda as Submitted. Mr. Jon Ward stated that Action Item 17 is dependent on the City Council decision for sewer extension scheduled for November 3rd. Mr. Ward suggested that this item be postponed until the November Planning Commission meeting. Jim Stafne made the motion to approve the agenda as amended. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of September 26th, 2022. Kay Starkweather made the motion to approve the minutes of September 26th, 2022. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Consider for action a six (6) month extension of the preliminary plat of Brook View Phase I, 4 lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. Mr. Jon Ward stated that developer Mr. Harold Brown has submitted for approval a six (6) month extension of the preliminary plat of Brook View Phase I, a four (4) lot single-family detached development located on Cora Road. This proposal was originally granted preliminary plat approval at the October 28, 2019, Planning Commission meeting. Two (2) six (6) month extensions were granted on October 26, 2020, and April 26, 2021. The preliminary plat was resubmitted and split into two phases and the Phase I preliminary plat was approved at the October 25, 2021, Planning Commission 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. There has been no development activity on the site. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission on October 25, 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 a six (6) month extension of the preliminary plat of Brook View Phase II, 12 lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. Mr. Jon Ward stated that developer Mr. Harold Brown has submitted for approval a six (6) Cookeville Planning Commission 2 October 24th, 2022 month extension of the preliminary plat of Brook View Phase II, a 12-lot single-family detached development located on Cora Road. This proposal was originally granted preliminary plat approval at the October 28, 2019, Planning Commission meeting. Two (2) six (6) month extensions were granted on October 26, 2020, and April 26, 2021. The preliminary plat was resubmitted and split into two phases and the Phase II preliminary plat was approved at the October 25, 2021, Planning Commission 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. There has been no development activity on this site. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission on October 25, 2021. Councilman Ali Bagci 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 six (6) month extension of the preliminary plat of Ridgedale Townhomes, eight (8) lots located at West Broad Street & Ridgedale Drive (Tax Map 039, Parcel 181.02). Request submitted by Greg Frizzell. Mr. Jon Ward stated that developer Greg Frizzell has submitted for approval a six (6) month extension of the preliminary plat of Ridgedale Townhomes, an eight (8) lot single-family attached development located at West Broad Street and Ridgedale Drive. This proposal was taken for study at the September 27, 2021, Planning Commission meeting and was granted preliminary plat approval at the October 25, 2021, Planning Commission 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. A significant amount of construction has been done on the site and the exteriors of the townhouse units are almost completed. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission on October 25, 2021. Kay Starkweather 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 six (6) month extension of the preliminary plat of The Reserve at the County Club, Phase V, 54 lots located off Reserve Drive (Tax Map 041, portion of Parcel 027.00). Request submitted by Tom Sergio with Design Development of TN, LLC. Mr. Jon Ward stated that Mr. Tom Sergio with Design Development of TN, LLC has submitted for approval a six (6) month extension of the preliminary plat of The Reserve at the Country Club, Phase V, a 54- lot single-family detached development located off Reserve Drive. This proposal was taken for study at the September 27, 2021, Planning Commission meeting and was granted preliminary plat approval at the October 25, 2021, Planning Commission 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 Cookeville Planning Commission 3 October 24th, 2022 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. Grading and clearing work on the site is well 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 on October 25, 2021. Ali Bagci 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 six (6) month extension of the preliminary plat of The Reserve at the County Club, Phase VII, 23 lots located off Reserve Drive (Tax Map 041, portion of Parcel 027.00). Request submitted by Tom Sergio with Design Development of TN, LLC. Mr. Jon Ward stated that Mr. Tom Sergio with Design Development of TN, LLC has submitted for approval a six (6) month extension of the preliminary plat of The Reserve at the Country Club, Phase VII, a 23-lot single-family detached development located off Reserve Drive. This proposal was taken for study at the September 27, 2021, Planning Commission meeting and was granted preliminary plat approval at the October 25, 2021, Planning Commission 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. Grading and clearing on the site is well 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 on October 25, 2021. 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 a six (6) month extension of the preliminary plat of Spring Pointe, 33 lots located on East Spring Street (Tax Map 052-P, Group A, Parcel 003.00, 004.00, 004.01 & 005.00). Request submitted by Chad Gilbert of Putnam Contracting Services, LLC on Behalf of Tony Gammon. Mr. Jon Ward stated that Mr. Chad Gilbert, on behalf of Tony Gammon, has submitted for approval a six (6) month extension of the preliminary plat of Spring Pointe, a 33-lot single family attached development located on East Spring Street. This proposal was taken for study at the September 27, 2021, Planning Commission meeting and was granted preliminary plat approval at the October 25, 2021, Planning Commission 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. Significant progress has been made in constructing the dwelling units. Recommendation: Approval of the request for a six (6) month extension of the preliminary plat subject to all conditions established by the Planning Commission on October 25, 2021. Kay Starkweather made the motion to approve the request submitted by staff. Lauren Metts seconded the motion and the motion carried unanimously. Approved. Cookeville Planning Commission 4 October 24th, 2022 Consider for action the preliminary plat of Ansley Park, 24 lots located on Ruby Lane (Tax Map 053M, Group B, Parcel 021.00 & 021.01). Request submitted by Donne Suits. Mr. Jon Ward stated that Mr. Donnie Suits has submitted for approval a preliminary plat of Ansley Park, a 24-lot single-family attached townhome development located on Ruby Lane. Analysis: The subject properties are identified as Tax Map 053M, Group B, Parcels 021.00 and 021.01 and contain approximately 2.20 acres in total. The properties are zoned CG, “General Commercial” as are the adjacent properties to the north. The properties are bordered by CR, “Regional Commercial” to the east, south, and west. Section 222.3A of the Zoning Code stipulates that single-family attached dwellings (townhomes) are allowed in the CG District as a use permitted on review, subject to the submission of a plat in accordance with the Cookeville Subdivision Regulations. The development consists of 23 single-family attached building lots and the construction of a private street and installation of utilities. Lot 24 is the remaining common area and is not a building lot. New five (5) foot wide ADA compliant sidewalks will be required along Ruby Lane. New four (4) foot wide sidewalks will be constructed internally within the development. A new private street proposed as Ansley Park Drive will provide access from Ruby Lane. Ansley Park Drive will end in a hammerhead turn around as shown on the plat. Putnam County E911 requests that the suffix of the new street be changed to something more appropriate for a dead-end cul-de-sac that is not intended to be a through street. A typical street cross section must be depicted on the plat. Public Works requests that proposed water courses be shown on the plat. A storm drainage system plan showing existing and proposed features, culverts, drainpipes, structures, filtration, and detention ponds should be submitted to the Public Works Department and proposed features shown on the plat. Existing and proposed utility easements should be shown on the plat. Public Works notes that the drainage pond for this development is located on the adjacent property and a Stormwater Maintenance Agreement will be required and added to the plat. The Cookeville Electric Department notes that all transformers will be required to be placed in front of the building lots. Cookeville Electric Department needs to be shown on the utility plan. The Cookeville Gas Department notes that all road widening, and improvements must be completed before any gas lines can be installed for the storage unit development to the north. Public water will connect to the existing six (6) inch water line located in the Ruby Lane right-of-way. Private sewer will connect to the existing eight (8) inch gravity sewer main located in the Neal Street right-of-way. The Water Quality Control Department requires State approved water plans be submitted. A waterline property restoration note will be required on the final plat. The Cookeville Fire Department notes that the existing fire hydrant located at the southeast corner of the property and the new fire hydrant to be installed at the northern property boundary will be sufficient for this new development. Ruby Lane will require improvements to accommodate the new development. Ruby Lane is classified as a local street with a surface width of 12 feet. A right-of-way width of 30 feet is included on the current Cookeville Street Inventory. The developer will need to coordinate street improvements with the Public Works Department to widen Ruby Lane. Sufficient right-of-way dedication for the necessary street improvements will be required. Cookeville Planning Commission 5 October 24th, 2022 The developer has advised that Lauren Shibakov, P.E. is in the process of preparing all required engineering plans for the development including stormwater drainage features after the plat is considered by the Planning Commission. A dumpster will be sited at an angle on Ansley Park Drive to better accommodate trash pickup. All common areas, sewer, and other infrastructure improvements will be maintained by a Homeowner Association Agreement that will be required upon final plat recording. No portion of the subject property is in a Special Flood Hazard Area according to the current Flood Insurance Rate Maps for the area, nor is there any indication of Sinkhole Retention Areas according to the available GIS data. Recommendation: Conditional approval of the preliminary plat subject to the following:  Coordinate with Public Works necessary street improvements to Ruby Lane to provide adequate ingress/egress to the development, revise the plat as necessary for right-of-way dedication  Show required sidewalks on the plat  Suffix of Ansley Park Drive to be revised to a suffix more appropriate for a dead-end cul-de- sac  Typical street cross section shall be added to the plat  Proposed water courses must be added to the plat  Storm Drainage System Plan must be submitted to Public Works and proposed features tot be shown on the plat  Existing utility easements must be shown on the plat  Stormwater Maintenance Agreement shall be required and added to the plat  Street widening, and improvements must be completed prior to gas line installation  State approved water plans must be submitted to the Water Quality Control Department  Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments  Additions and/or corrections to the plat as requested by the Planning Department and/or other city departments Mr. Jim Cobb asked if it is typical to have transformers located in the front of buildings. Mr. Jon Ward stated that the meters have to be located in an area to allow access for meter readers and it is typical. Ali Bagci made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for action the preliminary RAO West Side Connection plan, 21 lots located on South Cedar Avenue (Tax Map 053-G, Group F, Parcel 011.00, 011.01, 001.00, 002.00 & 005.01). Request submitted by Aaron Bernhardt. Mr. Jon Ward stated that Mr. Aaron Bernhardt has submitted a request for a preliminary RAO, Redevelopment Area Overlay, plan for West Side Connection, a 21-lot multi-family development for property located on South Cedar Avenue. Analysis: The subject properties are identified as Parcels 001.00, 002.00, 005.01, 011.00, and 011.01 on Tax Map 053G, Group F and contain approximately 2.87 acres. The properties are zoned CBD, “Central Business District,” as are the adjacent properties to the east, north, and west. The properties are bordered CL, “Local Commercial” to the west and southeast corner, and by CN, Cookeville Planning Commission 6 October 24th, 2022 “Neighborhood Commercial” to the south. The Future Land Use Concept Plan identifies this area are best suited for Mixed-Use Commercial/Industrial development. The Redevelopment Area Overlay (RAO) District was established in 2013 as a mechanism for the redevelopment, revitalization, rehabilitation, and general improvement to areas within the City of Cookeville as identified within the Cookeville 2030 Plan as needing such action, or other areas within the city as may be determined to need such action. Within RAO districts, the city may waive or modify certain development requirements to provide incentives for redevelopment, including increases in density, reduction in setbacks, reduction of lot sizes, and landscaping requirements. Specific criteria must be met for properties to qualify for RAO zoning and a detailed process for approval must be followed. Only those uses permitted in the underlying zoning may be permitted within the RAO District. To qualify for RAO zoning the site must contain a minimum of one (1) acre when located within an area identified in the Cookeville 2030 Plan as being in need of revitalization/redevelopment, contain a minimum of two (2) acres when not located in such an area, or an area of less than the minimum size may be considered if, due to the number of dilapidated or condemned structures or other factors, it can be demonstrated that significant public benefit can be achieved. The developer must also adhere to an approved development plan. The process for RAO zoning approval includes several steps. First, the developer is required to meet with the Planning Division to determine whether the RAO zoning is appropriate for the proposed properties. If it is determined that the property is appropriate for RAO zoning, then the developer must submit a request for overlay zoning, a written statement describing the proposed development and how it meets the objectives of the 2030 Plan, and a Preliminary RAO Concept Plan. The Concept Plan must include site, floor, and elevation plans. The Planning Commission, after reviewing the overlay zoning request and required submittals, must submit a recommendation to the City Council for approval, modification, or denial of the request. Upon receipt of the Planning Commission recommendation, the City Council then considers enactment of the overlay. Once the overlay is enacted, a Final RAO Plan must be submitted to and approved by the Planning Commission. The Final RAO Plan must be submitted within six (6) months of the effective date of the enactment of the overlay by the City Council or the overlay zoning shall become null and void. Extensions of no more than 18 months may be granted by the Planning Commission. The Final RAO Plan must substantially conform to the Preliminary RAO Concept Plan. Any substantial modifications to the approved Final RAO Plan must be resubmitted to the Planning Commission. The subject properties include a commercial block structure, other storage buildings, sheds and surface storage. The commercial building is the former location of a store and restaurant. The storage structures were utilized by Builder’s Supply for construction materials. Other areas of the property have been used for surface storage of raw materials. The properties proposed for an RAO contain approximately 2.87 acres, which meets the threshold for an area not located in an area identified in the Cookeville 2030 Plan as needing revitalization/redevelopment. Multi-family developments are permitted in the Central Business District upon approval by the Planning Commission of a site plan meeting the requirements of Section 233.5 of this Zoning Code and, if applicable, a subdivision plat submitted in accordance with the Cookeville Subdivision Regulations. The CBD requires 1,500 square feet per dwelling unit, with no lot area of less than 5,000 square feet. The RAO District allows a maximum density of 20 units per acre, or 2,178 square feet per dwelling unit it. The proposed RAO Plan depicts twenty (20), three (3) story multi-family structures on individual lots for a total of 60 units. The proposed 60 units provides for a density of Cookeville Planning Commission 7 October 24th, 2022 2,083 square feet per dwelling unit, which is compliant with the CBD District density requirements. No minimum yard requirements are applicable in the CBD Zone at this location. The site plan depicts adequate visibility at intersections. The RAO has been submitted to include the three (3) story multi-family structures on individual lots, that would be less than 5,000 square feet. The developer has submitted a preliminary RAO Concept Plan, including a site plan, floor plans, building elevation, and a written statement. The site plan depicts twenty (20) three (3) story multi- family attached structures. Each structure includes a two (2) bedroom, two (2) bathroom unit on each floor. The proposed development is accessed from South Oak Street and South Cedar Avenue. The submitted RAO plan depicts 15 feet of right-of-way from center line of South Oak Street and 20 feet of right-of-way from South Cedar Avenue. South Cedar Avenue is classified as a collector street and requires 60 feet of right-of-way. South Oak Street is considered a local street and requires 50 feet of right-of-way. Right-of-way dedication of ten (10) feet is required along both street frontages and is depicted on the plat. The development requires 145 total parking spaces (50 units x 2 bedrooms x 1.25 parking spaces per bedroom, + 10 units x 2 parking spaces per unit). The site plan depicts 148 total parking spaces. Sidewalks will be required along all public street frontages and will be required to be depicted on the plan. Water Quality Control will require state approved waterline plans be submitted to the Department with the Preliminary Plat. Public water will connect to the existing six (6) inch water line located in the East Spring Street right-of-way. Sewer will be private within the development and Water Quality Control will required that sewer be relocated and upsized on a section downstream to adequately serve the development. Public Works requires the proposed drainage easement and/or pond to be placed on the preliminary plat when design is complete. The Cookeville Fire Department notes that the existing fire hydrants are acceptable for the development. Recommendation: Approval of establishing an RAO District to permit multi-family development, approving minimum lot sizes less than 5,000 square feet for the individual three (3) unit multi-family structures, subject to depicting the proposed sidewalks on the plan Mr. Jim Cobb asked if the Electric Department has agreed to cost share the lighting for the development. Mr. Aaron Bernhardt stated that he doesn’t have it in writing, but they have agreed to cost share. Mr. Jim Cobb asked if there will be decorative lamp posts installed. Mr. Bernhardt stated that the lamp posts will be decorative to match the downtown area. Councilman Ali Bagci made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for action the preliminary plat of Walnut Village Inc. Road Dedications, one (1) lot located on Buffalo Valley Road (Tax Map 054, 084.03 & 084.06). Request submitted by Walnut Village Inc. Mr. Jon Ward stated that Walnut Village Inc. has submitted for approval the Walnut Village Inc. Road Dedications preliminary plat, a one (1) lot new street development located on Buffalo Valley Road. The existing Eagle’s Landing Drive has been confirmed to meet city street standards and will be dedicated along with the new public street with the proposed name of Magnolia Ridge Drive which will serve the Walnut Village residential development planned for the site. The plat was taken for study at the September 26, 2022, Planning Commission meeting. Cookeville Planning Commission 8 October 24th, 2022 Analysis: The subject properties are identified as Tax Map 054, Parcels 084.03 and a portion of 084.06 and contain approximately 3.72 acres. Total right-of-way and street dedication is approximately 1.46 acres. The property is zoned RM-14, “Multi-Family Residential” and is bordered by RM-8, “Multi-Family Residential to the east and west. The property is also bordered by CL, “Local Commercial” to the north and south. The plat depicts the construction of new five (5) foot wide sidewalks along the entire length of the dedicated roads. Water Quality Control requests a 15- foot-wide easement along the property line and along the south side of the east/west entrance. Cookeville Electric requests a 20-foot-wide easement along the eastern right-of-way. Per Public Works, all existing easements and proposed water courses should be shown on the plat. Public Works also requests a storm drainage plan showing existing and proposed features, culverts, drainpipes, structures, filtration, and detention ponds be provided by the developer. Sidewalks must be installed to Buffalo Valley Road before final plat approval. Lot one (1) is depicted on the plat as a portion of this lot has been included in the right-of-way dedication, reducing the lot size. Recommendation: Conditional approval of the preliminary plat subject to the following:  Sidewalk construction shall be complete, or a financial guarantee submitted prior to final plat approval  Developer shall provide all utility easements as required by the Electric and Water Quality Control Departments  Existing utility easements shall be shown on the plat  Easements required by the utility departments shall be added to the plat  Proposed water courses shall be shown on the plat  Fire hydrants shall be installed per code requirements  Storm drainage plans shall be submitted to the Public Works Department and proposed features shall be shown in the plat  Additions and/or corrections to the plat as requested by the Planning Department and/or other city departments Kay Starkweather 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 The Reserve at the Country Club, Phase III, 81 lots located off Reserve Drive (Tax Map 041, portion of Parcel 027.00). Request submitted by Tom Sergio with Design Development of TN, LLC. Mr. Jon Ward stated that Mr. Tom Sergio with Design Development of TN, LLC. has submitted for approval the final plat of The Reserves at the Country Club, Phase III, an 81-lot single-family detached development located off Reserve Drive. A preliminary plat for the development was approved at the April 27th, 2020, Planning Commission meeting. A six (6) month extension was approved at the April 26th, 2021, Planning Commission meeting and a second six (6) month extension was granted at the October 25th, 2021, Planning Commission meeting. Analysis: The subject property is identified as a portion of Parcel 027.00 on Tax Map 041 and contains approximately 13.98 acres. The entirety of the property is zoned RS-5, “Single-Family Residential.” The property is bordered by the corporate city limits to the north and west; RS-5, “Single-Family Residential” to the west and south; CI, “Commercial-Industrial Mixed-Use” to the south and east; and RS-10, “Single-Family Residential” to the east. Cookeville Planning Commission 9 October 24th, 2022 Phase III consists of 81 single-family detached building lots and extends Eagle Drive to the west and north. A new street proposed as Nicholas Avenue will be constructed to provide connectivity with Phase IV. Mountain Reserve Drive will also be extended west, connecting with the county road Mountain View Drive. Putnam County E911 has been contacted regarding Mountain Reserve Drive. Currently, Mountain View Drive continues both east/west and north/south. The section of Mountain View Drive east of the north/south section of the street will be renamed to Mountain Reserve Drive. The three properties located on this approximately 286-foot stretch of street identified as 1275 (vacant lot), 1289, and 1293 (with the detached garage addressed as 1301 on the principal structure lot) Mountain View Drive will have their addresses updated to Mountain Reserve Drive. Putnam County E911 has stated they will inform the current property owners. Typical street cross section shall be added to the plat. Public Works reports that work on the subgrade for the road extensions has been completed and base stone is scheduled to be installed by Copeland DRP. Binder and curbing will be started after the base stone is installed and proof rolled. Three (3) foot wide sidewalks will be installed continuing the pedestrian infrastructure from previous phases. A “Notice Pertaining to Rain Gardens” as shown on Phase I final plat shall be added to the plat. The Cookeville Fire Department notes that all fire hydrants should be installed as proposed on the plat. Public Works requests notice of all street or traffic control signage needed within the new development. The developer must all coordinate payment for all required street name signs and stop signs with Public Works. In addition, Public Works will determine the dollar amount required to guarantee the construction of the sidewalks. This guarantee can be for up to a period of five (5) years. The developer is also required to submit a two (2) year Warranty of Improvements in the amount of $10,000. These guarantees can be in the form of cash, a certified check or an irrevocable letter of credit drawn on a local bank. All electric has been installed per Cookeville Electric Department specifications. The Cookeville Gas Department requests an easement for the adjacent property to the west and notes that gas lines will be run along with the sewer line. Water Quality Control requires a 15-foot utility easement on Lots #124 and #125 to provide sewer to the adjacent property to the west. Recommendation: Conditional approval of the preliminary plat subject to the following:  Typical street cross section shall be added to the plat  “Notice Pertaining to Rain Gardens” as shown on Phase I final plat shall be added to the plat  Fire hydrants shall be installed per code requirements  Developer to coordinate with Public Works regarding the dollar amount required to guarantee the completion of the sidewalks  Developer shall coordinate with Public Works all street and traffic control signage that will be needed for the development  Developer shall submit a two (2) year Warranty of Improvements in the amount of $10,000  Utility easement on Lots #124 and#125 shall be shown on the plat as requested by the Water Quality Control Department  Additions and/or corrections to the plat as requested by the Planning Department and/or other city departments 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 amending the Zoning Code Illustration 24 – Dumpster Detail to make gates optional. Request submitted by Staff. Mr. Jon Ward stated that The Planning Division has Cookeville Planning Commission 10 October 24th, 2022 prepared for consideration an amendment to the Zoning Code Illustration 24 – Dumpster Detail, making the installation of gates on a dumpster enclosure optional. Analysis: Local developers asked the City to review and consider amendments to dumpster screening relative to gate requirements. The current standards require dumpster pads to have screened enclosures with gates to conceal the dumpster. Developers and property managers have persistent issues with the dumpster gates. The Public Works Department must open these gates to collect the trash. The gates are left open after trash is picked up, and as a result are often subject to damage from wind or other factors. The dumpster gates are also occasionally damaged by the trash trucks. While the gates do provide aesthetic benefits when they are installed properly and securely closed, the City does recognize some issues with the dumpster gates. Also, there are concerns with vandalism that occurs when dumpsters have closed gates. Local developers feel they will be maintained better if not fully screened by gates. The proposed amendment was developed after meetings with local developers and the Public Works Department. The proposed amendment to Zoning Code Illustration 24 – Dumpster Detail, would remove the requirement for gates to be installed along with the dumpster pad screening and make them an option for new developments. The amendment would update the current Zoning Illustration by adding “(Optional)” to the “Screening” label for gates on both the Single Dumpster Pad Detail and the Double Dumpster Pad Detail. A second option was provided to the Planning Commission stating that gates would be optional if the dumpster was not visible from a public street. The second option added “(Optional if not visible from a public street)” to the “Screening” label for gates on both the Single Dumpster Pad Detail and the Double Dumpster Pad Detail. Recommendation: Approval of the amendment. Jim Stafne made the motion to approve the request submitted by staff. Councilman Ali Bagci seconded the motion and the motion carried unanimously. Approved. Consider for action allowing Barber and Beauty Schools as a permitted use within the CN District. Request submitted by Michael Franklin. The applicant has requested this item be withdrawn from the agenda. Mr. Jon Ward stated that the petitioner has requested this item be withdrawn from the agenda. Kay Starkweather made the motion to withdraw the request. Jim Cobb seconded the motion and the motion carried unanimously. Withdrawn. Consider for action amendments to the Planning Commission By-Laws, amending Article IV, Section 7, and adding a section regarding attendance. Request submitted by Staff. Mr. Jon Ward stated that the Planning Department has prepared for consideration amendments to the Planning Commission By-Laws, amending Article IV, Section 7, Two-Lot Subdivisions, and adding a section regarding attendance to Article II, Meetings. Analysis: Public Chapter 994 amended Tennessee Code Annotated Section 13-4-302 to allow the Planning Department to administratively approve minor subdivision plats. The Planning Commission unanimously approved a recommendation to the City Council at the July 25, 2022, Planning Commission meeting requesting delegation of minor plat approval to Planning Staff. The City Council approved Resolution #R220829 at the August 4, 2022, City Council meeting delegating Cookeville Planning Commission 11 October 24th, 2022 minor plat approval to the Planning Department staff. The Planning Commission established the guidelines for minor plat approval by Resolution based on Public Chapter 994 at the August 22, 2022, Planning Commission meeting. The proposed amendment updates the language within the By-Laws to reflect the changes to TCA 13-4-302. The proposed amendment is as follows: Current Language: Section 7. Two-Lot Subdivisions The following procedures shall apply for the review of subdivisions involving (2) lots or less: A. As provided by Tennessee Code Annotated Section 13-4-302 the Director of Planning may approve subdivisions of two (2) lots or less without submission to the Planning Commission provided all the conditions specified in Article II, Section M, of the Cookeville Subdivision Regulations are met. If these conditions cannot be met, the review procedures for Final Subdivision Plats specified in Section 6 above shall be followed. B. A list of all subdivisions approved under the provisions of Article II, Section M, of the Subdivision Regulations shall be provided by the Secretary on the agenda of the subsequent meeting of the Planning Commission. Proposed Amendment: Section 7. Delegation of Plat Approval to Planning Staff The following procedures shall apply for the review of minor plats in accordance with Public Chapter 994: A. As provided by Tennessee Code Annotated Section 13-4-302 plat approvals may be delegated to Planning Staff as approved by the Cookeville Planning Commission and Cookeville City Council. This delegation may permit plat approval by Planning Staff of 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 the subdivision complies with the Cookeville Subdivision Regulations. If these conditions cannot be met, the review procedures for Final Subdivision Plats specified in Section 6 above shall be followed. B. A list of all subdivisions approved under the provisions of Article II, Section M, of the Subdivision Regulations shall be provided by the Secretary on the agenda of the subsequent meeting of the Planning Commission. The Planning Department has also proposed adding a section to the By-Laws concerning member attendance. Currently, member attendance is not cited within the By-Laws. The proposed amendment will be concurrent with the current Board of Zoning Appeals regulation for member attendance. The proposed amendment will be added to Article II Meetings as the new Section 11 as follows: Article II Meetings Cookeville Planning Commission 12 October 24th, 2022 Section 11. Attendance a. In order to assure an attendance that is adequate to deal with the business of the Planning Commission, attendance records of each member of the Planning Commission shall be kept. b. If a member of the Planning Commission misses more than four (4) monthly meetings in one (1) calendar year, that member’s name shall be submitted to the Cookeville City Council for removal from the Commission, and a request shall be made for the appointment of a replacement to fulfill the unexpired term of the member who was removed. c. A member may be excused form attendance at a meeting by a decision of the Chairman of the Planning Commission. Recommendation: Approval of the proposed amendments to the Planning Commission By-Laws. Jim Stafne made the motion to approve the request submitted by staff. Councilman Ali Bagci seconded the motion and the motion carried unanimously. Approved. Consider for action rezoning property located at 216, 222, 314, & 340 North Walnut Avenue and 5 West Second Street (Tax Map 053B, Group H, Parcel 016.00, 017.00, 018.00 & 019.00) from MS (Medical Services) to CL (Local Commercial). Request submitted by Judy Nguyen. This item was postponed at the September 26th Planning Commission meeting. Mr. Jon Ward stated that the rezoning request has been revised to include the properties located at 214 and 222 North Walnut Avenue and at 5 West 2nd Street. The rezoning request was submitted to rezone the subject properties from MS, “Medical Services” to CL, “Local Commercial” and to allow mixed-use development at the property located at 314 North Walnut Avenue. Analysis: The subject properties are identified as Parcels 016.00, 017.00, 018.00, 019.00 and 020.00 on Tax Map 053B, Group H and contain approximately 1.78 acres. The entire area proposed for rezoning, including street rights-of-way contains approximately 2.56 acres. The subject properties are bordered by MS, “Medical Services to the north and west; CBD, “Central Business District” to the south; and by CL, “Local Commercial” and CBD, “Central Business District” to the east. The Future Land Use Concept Plan designates this area as best suited for public/semi- public/institutional development. The properties on the eastern boundary of North Walnut Avenue, also included in this Future Land Use designation are zoned CL, Local Commercial. The MS District is intended primarily to provide a centralized, compact location for hospitals, clinics, medical and dental offices, and laboratories; to protect medically related facilities in the area from adverse influences, and to promote the establishment of complementary facilities. The CL District is intended for small and moderate sized offices, personal and business services, and general retail businesses serving the general population of the city. The requested rezoning would extend the CL Zone west across North Walnut Avenue. The Planning Department recognized some merit in consideration of the rezoning of 314 North Walnut Avenue, but the request was postponed and study of rezoning the entirety of the east side of the North Walnut Avenue block from West 2nd Street to West 4th Street was undertaken. The properties to the north and south of 314 North Walnut Avenue are occupied by multi-family residential development that is nonconforming to the current MS District. By rezoning the subject properties, the current uses of the Cookeville Planning Commission 13 October 24th, 2022 properties are brought into compliance and a commercial corridor is established between Tennessee Tech University and the Central Business District. The Planning Department believes the newly created commercial corridor could encourage redevelopment in this area of the city. Since the 2030 Plan was adopted, significant medical services development has occurred along Neal Street, in the CR, “Regional Commercial” zoned areas. The CL District permits many medical uses, but also allows residential and commercial uses that are not permitted within the MS District. The Planning Division sent letters to four (4) property owners with frontage on North Walnut Avenue to the north and south of the subject property to gauge interest in being included in a rezoning. No one answered the letter requesting response to be included in the rezoning area. Recommendation: Postpone until additional property owners respond to being included in the rezoning. Kay Starkweather made the motion to approve the request submitted by staff. Jim Cobb seconded the motion and the motion carried unanimously. Postponed. Consider for action the rezoning of one (1) parcel located at 2730 Buck Mountain Road (Tax Map 052, Parcel 013.00) from RS-20 (Single-Family Residential) to RS-10 (Single-Family Residential). Request submitted by Joe Nichols on behalf of Thomas Cooper. This item is postponed until the November Planning Commission meeting. Consider for action the rezoning of a portion of one (1) parcel located at 1650 Blackwell Road (Tax Map 083, parcel 077.04) from RS-10 (Single-Family Residential) to LM (Light Manufacturing). Request submitted by Nomads, LLC. Mr. Jon Ward stated that Mr. Jack Stites, on behalf of Nomads, LLC, has submitted a request to rezone from RS-10, “Single-Family Residential” to LM, “Light Manufacturing” a portion of one (1) parcel located at 1650 Blackwell Road. The rezoning request was taken for study at the September 26, 2022, Planning Commission meeting. The rezoning application was submitted to allow for one zoning designation for future development. Analysis: The subject property is identified as Parcel 077.04 on Tax Map 083 and contains approximately 17.93 acres. The property is currently split zoned LM, “Light-Manufacturing” to the southeast and RS-10, “Single-Family Residential” to the northwest. The property is bordered by LM, “Light Manufacturing” to the west, south, and east; RS-10, “Single-Family Residential” to the east and west; RS-15, “Single-Family Residential” to the north; and RMHP, “Residential Mobile Home Park” to the west. The total area requested for rezoning is the northwest portion of the property currently zoned RS-10 and contains approximately 12 acres. The rezoning request was submitted to allow for one zoning designation for future development. The RS-10 District is intended to provide a low- to moderate-density single-family residential environment in areas where public wastewater services are available and a minimum land area of 10,000 square feet per dwelling unit is required. The LM District is intended for light industrial uses and establishments involved in the manufacture, predominantly from previously prepared materials, of finished products or parts, including assembly, processing, fabrication, limited storage, wholesaling, and distribution of such products, but excluding basic industrial processing. Commercial and service uses in support of industrial uses are also permitted. The Future Land Use Concept element of the Cookeville 2030 Plan depicts this area as best suited for Mixed-Use Commercial/Industrial and Lower Density Residential development. Cookeville Planning Commission 14 October 24th, 2022 The subject property has frontage on Blackwell Road. Blackwell Road is classified as a local street approximately 1,479 linear feet long, as included in the city street inventory. This street was widened and extended with the Blackwell Road Division plat recorded in 2010 adding a cul-de-sac, however, the portion of the street that was extended was never added to the street inventory. Portions of the street will need to be improved to support development on the site. Public utilities are available to serve the subject property. The western and northern boundary of the property is bordered by Pigeon Roost Creek with significant floodplain area. Significant topographic relief exist along the northern boundary. The creek and floodplain serve as a natural buffer between the subject property and the single-family residential developments to the north and the mobile home park to the west. Also, a 36-inch gravity sewer main and sewer line easement transect the property along the north and west. Approximately 4.37 acres of the 12.02 acres requested for rezoning are shown within the Pigeon Roost Creek Floodplain area. The adjacent properties to the east and southwest are already zoned LM and contain commercial structures and services. Recommendation: Approval of the reasoning request. Jim Stafne 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 the rezoning of one (1) parcel located at 1068 East 10th Street (Tax Map 040L, Group K, Parcel 013.01) from CN (Neighborhood Commercial) to CL (Local Commercial). Request submitted by Michael Swallows. Jim Stafne made the motion to approve the request submitted by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Staff Reports: 1. Minor Plat Approved and Recorded:  Bryant, W. Estate Lots 15-17 Combination Plat, one (1) lot located at 643 South Willow Avenue (053P-B-013.00 & 014.00) – Jonathan Norris Adjournment: 6:28 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission

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