Planning Commission

Cookeville Planning Commission Minutes November 28th, 2022 The Cookeville Planning Commission met on Monday, November 28th, 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, Jim Stafne, Kay Starkweather & Jim Woodford. Members Absent: Lauren Metts. Staff Members Present: Jon Ward, Christopher Phillips, Ken Young & Haley Dickson. Staff Members Absent: James Mills. Others Present: Tom Cooper, Joe Nichols, Don Prince, Dave Roland, Cindy Maddux Sexton, Sam Blink, Josh Stites, Debbie Billings. 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 added item 10 relative to the December Planning Commission meeting. Change to study item 2 – 66 to 60 lots. Kay Starkweather made the motion to approve the agenda as amended. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of October 24th, 2022. Jim Stafne made the motion to approve the minutes of October 24th, 2022. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for action a six (6) month extension of the preliminary plat of Churchview Division, seven (7) lots located on West Stevens Street & Scott Avenue (Tax Map 053G, Group H, Parcel 011.02). Request submitted by Bernhardt Construction. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval a six (6) month extension of the preliminary plat of Churchview Division, a seven (7) lot single-family attached development located on West Stevens Street and Scott Avenue. This proposal was originally granted preliminary plat approval at the November 22, 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 not been any progress on the development. 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 November 22, 2021. Jim Stafne made the motion to approve the request recommended 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 Glenview Division, 14 lots located on Lone Oak Drive (Tax Map 066A, Group A, portion of Parcel 009.00). Request submitted by Bernhardt Construction. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval a six (6) month extension of the preliminary plat of Glenview Division, a 14-lot single-family attached development located on Lone Oak Drive. Cookeville Planning Commission 2 November 28th, 2022 This proposal was originally granted preliminary plat approval at the November 22, 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 work has been completed on the development. 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 November 22, 2021. Kay Starkweather made the motion to approve the request recommended 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 Pemberton Subdivision, 27 lots located on England Drive & Highway 111 (Tax Map 066, portion of Parcel 036.00). Request submitted by Bernhardt Construction. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval a six (6) month extension of the preliminary plat of Pemberton Subdivision, a 27-lot single-family attached development located on England Drive. This proposal was originally granted preliminary plat approval at the November 22, 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 not been any progress on the development. 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 November 22, 2021. Jim Stafne made the motion to approve the request recommended 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 Liberty Subdivision, 67 lots located on Salem Church Road (Tax Map 066, portion of Parcel 036.00). Request submitted by Bernhardt Construction. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval a six (6) month extension of the preliminary plat of Liberty Subdivision, a 67-lot single-family attached development located on England Drive. This proposal was originally granted preliminary plat approval at the November 22, 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 not been any progress on the development. 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 November 22, 2021. Cookeville Planning Commission 3 November 28th, 2022 Jim Cobb made the motion to approve the request recommended by staff. Jim Stafne 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 & October 24th 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 Division 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 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. The petitioner was asked to seek out responses from the included property owners at the October 24, 2022 meeting before any decision can be made on the rezoning request. The Planning Department has not received any correspondence from the property owners included in this request. Cookeville Planning Commission 4 November 28th, 2022 Recommendation: Table the request until additional property owners confirm they are in favor of the zoning change. Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. Tabled. 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 was postponed at the October 24th Planning Commission meeting. Mr. Jon Ward stated that the rezoning request was postponed based on the postponement of the sewer extension by the Cookeville City Council at the October 20, 2022, Council meeting. Joe Nichols, on behalf of Thomas Cooper has submitted a request to rezone from RS-20, “Single-Family Residential” to RS-10, “Single- Family Residential” one (1) parcel located at 2730 Buck Mountain Road. The rezoning request was taken for study at the September 26, 2022, Planning Commission meeting. The rezoning application was submitted to allow for single-family detached development. Analysis: The subject property is identified as Parcel 013.00 on Tax Map 052 and contains approximately 25.36 acres. The property is currently zoned RS-20, “Single-Family Residential” as are the adjacent properties to the east, south, and west. The property is bordered by the corporate city limits to the north. The rezoning application was submitted to allow for moderate-density residential development. The RS-20 District is intended to provide a low-density single-family residential environment in areas where public wastewater services are or are not available. A minimum land area of 20,000 square feet per dwelling unit is required. 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, with a minimum land area of 10,000 square feet per dwelling unit. Low-pressure sanitary sewer service is in the vicinity of the property approximately 1,700 linear feet west from the western edge of the subject property, located at the intersection of Buck Mountain Road and Eighteen Grand Drive. The Water Quality Control Department received Council approval on a bid for the sewer extension project bringing sewer to the Buck Mountain/Dry Valley intersection at the November 3, 2022 meeting. A cost share agreement between the City of Cookeville and the property owner to extend sewer to the subject property was signed on November 11, 2022 and payment in full was received from the property owner for the sewer extension project. The City Council will consider approval of this agreement at the November 17, 2022, Council meeting. The subject property has approximately 1,750 linear feet of street frontage on Buck Mountain Road. Buck Mountain Road is classified as a Major Collector Street. Traffic counts from April and May of 2022 at the intersection of Buck Mountain Road and Dry Valley Road/South Dry Valley Road provide an Annual Average Daily Traffic (AADT) count of 3,609 vehicles per day on Dry Valley Road north of Buck Mountain Road, 4,177 vehicles per day on Buck Mountain Road east of Dry Valley Road, 3,162 vehicles per day on South Dry Valley Road south of Buck Mountain Road, and 5,376 vehicles per day on Buck Mountain Road west of Dry Valley Road. Crash Data provided by the Cookeville Police Department shows a total of 20 vehicle crashes on Dry Valley Road and Buck Mountain Road from January 1, 2017, to October 16, 2022. The top causes for these accidents were Following Improperly, Inattentive (Eating, Reading, Talking, Etc.), and Reckless Negligent Driving. Cookeville Planning Commission 5 November 28th, 2022 Of the 20 accidents recorded, four accidents involved an injury with a total of five individuals being injured and no fatalities recorded. Eleven (11) of the 20 crashes occurred at the Dry Valley Road/Buck Mountain Road intersection. Six (6) of the 20 crashes occurred on Buck Mountain Road east of the intersection. No portion of the subject property has any indication of Sinkhole Retention Areas according to the available GIS data, nor is any portion of the subject property located within a Special Flood Hazard Area according to the Flood Insurance Rate Maps for the area. Mr. Nichols with Clinton Engineering provided a conceptual development plan for the subject property. The plan depicts 80 lots for single family residential development. The Future Land Use Concept element of the Cookeville 2030 Plan depicts this area as best suited for Lower Density Residential and Rural Residential development. At the time the plan was prepared, public wastewater service was not available to the subject parcel. This property is located in an area annexed by the city in 2000. It is noted in the 2030 Plan that to accommodate anticipated growth, significant portions of the land area annexed since 2000 will have to be rezoned when the appropriate infrastructure is provided. Recommendation: Approval of the request. Ms. Cindy Maddux Sexton, currently lives in Virginia but owns property on Old Kentucky Road, stated that the farm on the corner of Buck Mountain Road was her grandparents which they sold off in 5-acre tracts after her mother’s passing. She stated that her hope is to build her retirement house on her property in Cookeville. She stated that most people in the surrounding area have been there for 20 or more years. Ms. Sexton stated that RS-20 is fine, but RS-10 is doubling what is currently existing and that no surrounding property has that many houses close together. She stated that she is in favor of development in Cookeville, but this rezoning has a big impact on her decision to move back to Cookeville. Mr. Joe Nichols, who requested the rezoning on behalf of the property owner, stated that the reason for this rezoning is to provide reasonable density and affordability within city limits. He stated that the rezoning will allow up to 80 lots but is unsure that amount is feasible. Mr. Sam Blink, attorney for property owner Mr. Cooper, stated that proposing RS-20 to RS-10 is changing the lot size from a half-acre to a quarter acre. He stated that the property is in a good location to develop within the city limits with close proximity to local schools and the downtown area. Mr. Blink stated that this proposed rezoning coordinates with the Cookeville 2030 plan. He stated that the plan to serve the property with sewer was recently approved by City Council. Mr. Tom Cooper, owner of the 2730 Buck Mountain Road, stated that the property has been in his family since 1890. He stated that he isn’t sure that the property could be developed if the rezoning isn’t approved. Jim Stafne made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for action 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. Mr. Jon Ward stated that property owner Mr. Michael Swallows has submitted a request to rezone from CN, “Neighborhood Commercial” to CL, “Local Commercial,” one parcel located at 1069 East 10th Street. The rezoning was taken for Cookeville Planning Commission 6 November 28th, 2022 study at the October 24, 2022, Planning Commission meeting. The request was submitted to increase the options for permitted uses within the district. Analysis: The subject property is identified as Parcel 013.01 on Tax Map 040L, Group K, and contains approximately 1.30 acres. The subject property is currently zoned CN, “Neighborhood Commercial” as are the adjacent properties to the north, east, and south. The property is also bordered by CL, “Local Commercial” to the south and west. The rezoning application was submitted to increase the options for permitted uses within the district, specifically multi-family housing. The CN District is intended for single and two-family residential dwellings, small and moderate sized offices, personal and business services, and limited general retail businesses serving nearby residential neighborhoods and the general population of the city. All non-residential structures in the CN District are required to be compatible with nearby residential structures in terms of scale and appearance. The maximum square footage of individual developments is restricted. Large-scale commercial or service activities designed or intended to draw users from an area beyond the immediate environs of the city are prohibited. 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 maximum square footage of individual developments is restricted and determined by street classification. Large-scale commercial or service activities designed or intended to draw users from an area beyond the immediate environs of the city are prohibited. Both the CN and CL Districts allow townhome developments as a use permitted on review. The CL District increases the maximum density allowed on the property. The CN District requires 5,000 square feet per dwelling unit, allowing 11 total units. The CL District requires 3,000 square feet per dwelling unit and allows for 18 total units, an increase of seven (7) units. The property is, however, encumbered by parking and stormwater detention for the adjacent properties within the development. The requested rezoning would extend the CL District east along East 10th Street. According to the petitioner, the subject property has been on the market for some time and rezoning to CL would permit additional uses not allowed in the CN District. The Future Land Use Concept element of the Cookeville 2030 Plan depicts this area as best suited for Local Commercial and Mixed Use – Commercial/Residential development. Multi-family and townhome residential development is compliant with this Future Land Use designation. Recommendation: Approval of the request. Mr. Jim Cobb asked if the square footage of the units would be for single-family homes or townhomes. Mr. Ward stated that it would apply to both. Mr. Cobb stated that the application reason isn’t clear, and the Chart-of-Permitted Uses shows the many uses allowed in the Neighborhood Commercial area. Mr. Ward stated that the proposed rezoning doesn’t have any impacts on the neighboring properties. Ms. Debbie Billings, representing the property owners, stated that the property has been on the market for years and would allow for more uses if the rezoning is approved. Cookeville Planning Commission 7 November 28th, 2022 Mr. Cobb asked if there have been any requests for uses that are not allowed in the Neighborhood Commercial area that are allowed in the Local Commercial area. Ms. Billings responded yes, there have been many inquiries. Mr. Cobb stated that he isn’t sure why but understands that the area was zoned Neighborhood Commercial for a reason. Mr. Ward stated that the request is not an impactful change. Mr. Cobb asked if parking and stormwater retention encumbers the site. Mr. Ward stated that those items would be addressed with the site plan. Kay Starkweather made the motion to approve the request recommended by staff. Jim Stafne seconded the motion. The votes are as follows: Ali Bagci – aye, Jim Cobb – abstain, Bob Faulhaber – aye, Judy Jennings – aye, Jim Stafne – aye & Kay Starkweather – aye. Approved. Consider for action rescheduling the December Planning Commission meeting. Request submitted by staff. Mr. Jon Ward stated that due to the Christmas holiday, he requests that the Planning Commission meeting be rescheduled to December 12th, 2022. Kay Starkweather made the motion to approve the request recommended by staff. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Study Items: (1) Consider for action allowing Campgrounds and RV Parks as a permitted use within the CL (Local Commercial) District. Request submitted by Josh Stites. (2) Consider for study the preliminary plat and PRD (Planned Residential Development) for Ellington Subdivision, 60 lots located at 1327 East Tenth Street (Tax Map 041P, Group B, Parcel 007.00). Request submitted by Capital Communities, LLC. Jim Stafne made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Staff Reports: 1. Minor Plat Approved and Recorded:  Zuller, Stella Property Lot # 1, one (1) lot located at 2615 Lee Seminary Road – Charles & Stella Zuller (Tax Map 065 Parcel 116.00)  Buffalo-Browning Division, two (2) lots located on Buffalo Valley Road – Stacey Brewington (Tax Map 054, Parcel 050.01 & P/O 050.00) Adjournment: 6:18 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Cookeville Planning Commission 8 November 28th, 2022 Planning Assistant Cookeville Planning Commission