Planning Commission

Cookeville Planning Commission Minutes July 24th, 2023 The Cookeville Planning Commission met on Monday, July 24th, 2023, at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Councilman Ali Bagci, Jim Cobb, Bob Faulhaber, Lauren Metts, Judy Jennings, Jim Stafne, Kay Starkweather & Jim Woodford. Members Absent: None. Staff Members Present: Christopher Phillips, Jon Ward & Haley Dickson. Staff Members Absent: James Mills & Ken Young Others Present: 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. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of June 26th, 2023. Jim Stafne made the motion to approve the minutes of June 26th, 2023. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consent Agenda: All matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Planning Commission member so requests, in which case the item will be removed from the Consent Agenda and considered separately. Additionally, any citizen or agenda applicant may request that consideration be given by the Planning Commission to remove any item from the Consent Agenda so that discussion may be held on the item. a. Consider the Final Plat of Pearl Street and Arnold’s Addition Lot Line Adjustment, three (3) lots located on North Jefferson Avenue and East 7th Street (Tax Map 053C, Group B, Parcels 001.00, 013.01, and 014.00). Request submitted by Byron Phillips and Patrick Shea Callahan. This item was postponed at the May 22nd and June 26thPlanning Commission meeting. Recommendation: Approval of the Lot Line Adjustment. Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Consider for action the Preliminary plat of Ellington Subdivision, Phase II, five (5) lots located on Wall Avenue and Ivy Lane (Tax Map 041P, Group B, portion of parcel 007.00). Request submitted by Capital Communities, LLC. Mr. Jon Ward stated that Mr. Donnie Suits, with Capital Communities, LLC., has submitted for approval the preliminary plat of Ellington Subdivision, Phase II, a five (5) lot single-family detached development located on Wall Avenue and a proposed extension of Ivy Lane. Analysis: The subject property is identified as a portion of Parcel 007.00 on Tax Map 041P, Group B, and contains approximately 1.19 acres. The property is zoned RS-10, “Single-Family Residential” as are the adjacent properties to the east, south, and west. The property is bordered by RS-15, “Single-Family Residential” to the north. The plat depicts the extension of Ivy Lane from the east boundary of the property to the west boundary intersecting with Wall Avenue. Ivy Lane was created by the Ivy Chase Subdivision in October of 1992 and is classified as a local street. This plat depicts the street right-of-way terminating at the western boundary of the subdivision with a temporary cul-de-sac. There is no platted additional right-of-way dedicated for this temporary cul-de-sac shown on the Ivy Chase Subdivision plat. The new street extension proposed on the Ellington Phase II preliminary plat matches the existing 40-foot right-of-way of Ivy Lane and the new segment will have curb and gutter and storm sewer on both sides. A five Cookeville Planning Commission 2 July 24th, 2023 (5) foot sidewalk is proposed for the northern side of the street extension as well as the Wall Avenue frontage of Lot # 10. Article V Section C provides that ‘when curb and gutter and storm sewer is installed on both sides of local streets the Planning Commission may allow a reduced right-of-way width of no less than 40 feet, provided there is adequate width for the location of sidewalk and utilities”. Sewer and water connections are available from the Wall Avenue right-of-way to serve the new lots. The plat depicts water to be on the north side of the Ivy Lane extension as required by Water Quality Control. Electric will be installed on the south side of the extension as required by the Cookeville Electric Department. A previously approved sewer Capacity Assurance Program (CAP) form is on file for the site. The Fire Department reports that an existing hydrant on Ivy Lane is sufficient to provide fire protection coverage to the new lots. There are no apparent natural factors or environmental impediments indicated on the subject property. A plat review meeting was held on July 11, 2023. All relevant city departments were present and provided comments and conditions for approval. Recommendation: Staff recommends approving the reduction of the new street extension width to 40 feet and preliminary plat approval subject to the following conditions as stipulated by all reviewing departments:  Proposed water courses (drainage swales, culverts, detention ponds, etc.) shall be shown on the plat  Provide storm drainage system plan showing existing and proposed features, culverts, drainpipes, structures, filtration, detention ponds, etc.  Show and hatch Permanent Storm Water Areas on the plat (i.e., ponds, underground detention, etc.)  Provide existing and proposed easements for all water, sewer, drainage, access, etc.  Provide Public Works with civil roadway plans with profile for Ivy Lane extension  Public Works stated that the roadway extension requires Storm Design Calculations and permitting per City of Cookeville ordinances  Public Works also states that prior to start of work, developer shall submit a NOI with SWPP for approval to Public Works  Public Works further specified that a $250 grading permit fee must be paid, and the warranty required is $3000 per acre of disturbance (warranty must be in the form of a Cashier’s Check or Letter of Credit from a local bank)  Developer to consult with Public Works regarding location of proposed detention/treatment areas and discharge of storm water from the site; developer to submit calculations and design to Public Works for approval  First flush treatment storm calculations and pre/post development for detention must be submitted to Public Works  Public Works notes that roadside ditches/stormwater flow along Wall Avenue and Inglewood Drive need to be maintained or piped in properly sized pipe per the drainage areas going to each and that cleanout structures will be required if piped, subject to their approval.  Developer shall submit state approved water and sewer plans to Water Quality Control  Developer to install both water and sewer extensions  Developer shall submit plans for the installation of underground utilities per the Electric Department design requirements  After submission of all required plans, developers shall request that the Planning Department schedule a pre-construction meeting with all the appropriate city departments and other related agencies. Developer and contractor(s) are required to attend the meeting Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other departments or agencies. Cookeville Planning Commission 3 July 24th, 2023 Mr. Herbert Williams, 1372 Ivy Lane, stated that he understands that this was completed in the 1990’s but is concerned that the developer would build townhomes on the end of Ivy Lane. Mr. Williams stated that he is against the proposed plat because they purchased their home when it was a cul-de-sac, and he recommended the new street mirror their cul-de-sac on the other end. Councilman Ali Bagci asked if the property owners in the current cul-de-sac could reclaim their property and add it to their yard. Mr. Jon Ward responded yes, the cul-de-sac was platted as a temporary cul-de-sac. Mr. Jim Cobb asked if the developer could mirror a cul-de-sac in the proposed development and if it would impede on the lot size. Mr. Ward responded yes; a cul-de-sac requires additional dedication of right-of-way. Mrs. Clarissa Williams, 1351 Ivy Lane, asked if this goes through what does it mean for the existing property owners on Ivy Lane. She asked if they would lose part of their yards with the addition of a cul-de-sac and if sidewalks would be put in on the existing portion of Ivy Lane. Mr. Ward responded that Ivy Lane is an existing street and sidewalks are required along the segment of new streets and with the proposed development, there are no plans to extend sidewalks to the existing street at this time. Mr. Cobb asked if the residents of Ivy Lane could go to someone in the city and request sidewalks for the rest of Ivy Lane. Mr. Ward responded yes, they could submit a request as it is an existing city street. Mrs. Williams asked how many properties are planned for this development. Chairman Jim Woodford stated that there are 5 lots planned and will be restricted to the RS-10 Zoning Code. Councilman Ali Bagci made the motion to approve the request recommended by staff. Jim Stafne seconded the motion and the motion carried unanimously. Approved. Consider for action the preliminary plat of Mahler – Walnut Townhomes, five (5) lots located on Mahler Avenue and North Walnut Avenue (Tax Map 053-B, Group H, Parcel 009.00). Request submitted by Kay Lynn. Mr. Jon Ward stated that Mrs. Kay Lynn has submitted for approval the preliminary plat of Mahler-Walnut Townhomes, a single-family attached development located on Mahler Avenue and North Walnut Avenue consisting of four (4) town house building lots with Lot 5 as the remaining common area. Analysis: The subject property is identified as Parcel 009.00 on Tax Map 053B, Group H, and contains approximately 0.21 acres. The property is zoned CBD, “Central Business District” as are the adjacent properties to the north, east, and south. The property is bordered by MS, “Medical Services” to the west. All units will front North Walnut Avenue. There is a parking summary table on the plat, which shows that the minimum parking space requirements will be met. There are existing sidewalks along both street frontages, and internal proposed sidewalks are shown on the Mahler Avenue side of the units. Also, as shown on the plat, water for the development is to be public and sewer is to be private. The Fire Department states the existing hydrant is acceptable for fire protection coverage. In addition, the units will have a 303D residential sprinkler system installed. A sewer Capacity Availability Program (CAP) form has been approved by Water Quality Control. There are no apparent natural factors or environmental impediments indicated on the subject property. All common areas, sewer, and other infrastructure improvements will be maintained by a Homeowner Association Agreement that will be required upon final plat recording. A plat review meeting was held on July 11, 2023. All relevant city departments were present and provided comments and conditions for approval. Cookeville Planning Commission 4 July 24th, 2023 Recommendation: Staff recommends preliminary plat approval subject to the following conditions as stipulated by all reviewing departments:  Proposed water courses (drainage swales, culverts, detention ponds, etc.) shall be shown on the plat  Provide storm drainage system plan showing existing and proposed features, culverts, drainpipes, structures, filtration, detention ponds, etc.  Show and hatch Permanent Storm Water Areas on the plat (i.e., ponds, underground detention, etc.)  Provide existing and proposed easements for all water, sewer, drainage, access, etc.  Provide Public Works with sidewalk, entrance apron and curb details per city requirements and show entrance apron across sidewalk off of North Walnut Avenue (minimum of 4 (four) foot wide with 2% cross slope across apron  Public Works further specified that a $50 grading permit fee must be paid, and the warranty required is $3000 per acre of disturbance (warranty must be in the form of a Cashier’s Check or Letter of Credit from a local bank)  Developer to consult with Public Works regarding location of proposed detention/treatment areas and discharge of storm water from the site; if connection is to be made to City infrastructure, details must be shown; developer to submit calculations and design to Public Works for approval  Developer to submit landscape plans per City of Cookeville requirements  Developer shall submit state approved water and sewer plans to Water Quality Control  Developer to install both water and sewer extensions  Developer shall submit plans for the installation of underground utilities per the Electric Department design requirements  Decision to be made regarding addressing of units  After submission of all required plans, developers shall request that the Planning Department schedule a pre-construction meeting with all the appropriate city departments and other related agencies. Developer and contractor(s) are required to attend the meeting  Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other departments or agencies Kay Starkweather made the motion to approve the request recommended by staff. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Consider for action the preliminary plat of Glenview Phase II, 32 lots located on Glenview Drive (Tax Map 066-A, Group A, Parcel 009.00). Request submitted by Aaron Bernhardt. Mr. Jon Ward stated that Mr. Aaron Bernhardt has submitted for approval on behalf of owner Dealmakers, the preliminary plat of Glenview Phase II, a 32-lot single-family attached development located on Glenview Drive adjacent to Phase I of the development off Lone Oak Drive. Analysis: The subject property is identified as a portion of Parcel 009.00 on Tax Map 066A, Group A, and contains approximately 2.35 acres. The property is zoned CG, “General Commercial” as are the adjacent properties to the east, south, and west. The property is bordered by RS-10, “Single-Family Residential” and CG, “General Commercial” to the north. The development consists of 31 single-family attached building lots and the extension of the private Glenview Drive and installation of utilities. Lot 32 consists of common area and is not a building lot. Proposed interior sidewalks are depicted on the plat. There is a 100-foot-wide TVA easement traversing the property from the northwest to the southeast. TVA submittal and approval for work under this easement is required. Public Works noted that hydric soils are present on the site, therefore the developer is required to submit a hydrologic determination and show wetland areas, if present, with permanent buffers on the plat and site plans. All dwelling units will have 303D residential sprinkler systems. Public Works advises that a determination must be made whether the existing dumpster in Phase I is adequate to serve Phase II. The developer must also coordinate with Cookeville Planning Commission 5 July 24th, 2023 USPS to decide if Phase II will require an additional CBU. An existing fire hydrant is located on County Services Drive that would provide coverage to the development if accessible from Phase II. If the new street extension does not connect to County Services Drive, the Fire Department will require the installation of a hydrant to be located on the right side of the entrance from Phase I. 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 Flood Insurance Rate Maps for the area, nor is there any indication of Sinkhole Retention Areas according to the available GIS data. A plat review meeting was held on July 11, 2023. All relevant city departments were present and provided comments and conditions for approval. Recommendation: Staff recommends preliminary plat approval subject to the following conditions as stipulated by all reviewing departments:  Proposed water courses (drainage swales, culverts, detention ponds, etc.) shall be shown on the plat  Provide storm drainage system plan showing existing and proposed features, culverts, drainpipes, structures, filtration, detention ponds, etc.  Show and hatch Permanent Storm Water Areas on the plat (i.e., ponds, underground detention, etc.)  Developer to provide Public Works with a hydrologic determination and show wetland areas with permanent buffers on the plat and site plans if wetlands are present  Provide existing and proposed easements for all water, sewer, drainage, access, etc.  Public Works further specified that a $250 grading permit fee must be paid, and the warranty required is $3000 per acre of disturbance (warranty must be in the form of a Cashier’s Check or Letter of Credit from a local bank)  Developer to consult with Public Works regarding location of proposed detention/treatment areas and discharge of storm water from the site; if connection is to be made to City infrastructure, details must be shown; developer to submit calculations and design to Public Works for approval  Developer to submit landscape plans per City of Cookeville requirements  Water Quality Control states that sewer is to be extended out of Phase I and this is to be addressed during the design phase  Developer to install both water and sewer extensions  Decision to me made regarding either use of existing hydrant on County Services Drive or installation of a new hydrant  Developer to submit written authorization from TVA allowing work under their easement  Developer shall submit plans for the installation of underground utilities per the Electric Department design requirements  After submission of all required plans, developers shall request that the Planning Department schedule a pre-construction meeting with all the appropriate city departments and other related agencies. Developer and contractor(s) are required to attend the meeting  Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other departments or agencies Councilman Bagci 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 preliminary plat of 1100 Willow Avenue South, nine (9) lots located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by GSE Engineering. Mr. Jon Ward stated that Mr. Ken Knuckles, on behalf of GSE Engineering has submitted for approval the preliminary plat of Cookeville Planning Commission 6 July 24th, 2023 1100 Willow Avenue South, a nine (9) lot commercial development located at 1100 South Willow Avenue and Green Gate Lane. Analysis: The subject property is identified as Parcel 098.00 on Tax Map 065 and contains approximately 40.73 acres. The property is zoned CR, “Regional Commercial” and CG, “General Commercial” and is bordered by RS-15, “Single-Family Residential” to the east, RM-14, “Multi-Family Residential” to the south, and CG, “General Commercial” to the west and north. All lots are to be addressed off South Willow Avenue. As required by TDOT, the plat contains a note stating that no additional driveway connections will be made to South Willow Avenue aside from the right-in/right-out driveway shown on the plat. The water and sewer will be private, and the developer has not submitted a CAP form application at this time. The Gas Department reports that gas mains are located on the property and requests 811 be used before any grading or excavating is initiated. Discussions are to be conducted with the developer and Public Works, Water Quality Control and Electric regarding improvements to be made to Green Gate Lane. A decision will then be made pertaining to the inclusion of the improvements on the subdivision plat. Hudgens Creek runs within the area of Lot 9 and is shown on the plat with a permanent buffer of 60 feet average as required for each side. All of the property including the driveways, parking areas and other common areas and infrastructure components are private. Repair and maintenance of the common elements will be covered under a property owner association agreement that is to be submitted in a timely manner after the final plat is recorded. A plat review meeting was held on July 11, 2023. All relevant city departments were present and provided comments and conditions for approval. Recommendation: Staff recommends preliminary plat approval subject to the following conditions as stipulated by all reviewing departments:  A CAP form must be submitted and approved by Water Quality Control  Proposed sidewalks to be added to the plat  Decision to be made regarding platting Green Gate Lane improvements  Proposed utilities and easements to be depicted on the plat  Plat to be noted that water and sewer are to be private  Proposed water courses (drainage swales, culverts, detention ponds, etc.) shall be shown on the plat  Provide storm drainage system plan showing existing and proposed features, culverts, drainpipes, structures, filtration, detention ponds, etc.  Show and hatch Permanent Storm Water Areas on the plat (i.e., ponds, underground detention, etc.)  Provide existing and proposed easements for all water, sewer, drainage, access, etc. (CED requested a 20’ utility easement along South Willow Avenue and Green Gate Lane which is shown on the plat)  Public Works further specified that a grading permit fee must be paid, and the warranty required is $3000 per acre of disturbance (warranty must be in the form of a Cashier’s Check or Letter of Credit from a local bank)  Developer to consult with Public Works regarding location of proposed detention/treatment areas and discharge of storm water from the site; if connection is to be made to City infrastructure, details must be shown; developer to submit calculations and design to Public Works for approval  Developer to submit landscape plans per City of Cookeville requirements  Developer to install both water and sewer extensions  Developer shall submit plans for the installation of underground utilities per the Electric Department design requirements  After submission of all required plans, developers shall request that the Planning Department schedule a pre-construction meeting with all the appropriate city departments and other related agencies. Developer and contractor(s) are required to attend the meeting Cookeville Planning Commission 7 July 24th, 2023  Developer/contractor to use 811 before beginning work on the site  Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other departments or agencies 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 an amendment to the Zoning Code relative to Recreational Vehicles (RV’s) in the Residential Mobile Home Park (RMHP) Zoning District and nonconforming mobile home parks. Request submitted by Staff. Mr. Jon Ward stated that Planning Staff have prepared an amendment to the Zoning Code relative to recreational vehicles (RVs) in the Residential Mobile Home Park (RMHP) Zoning District and nonconforming mobile home parks. Analysis: The Planning Division and Codes Division have identified a discrepancy related to recreational vehicles (RVs) in the Residential Mobile Home Park (RMHP) Zoning District and in nonconforming grandfathered mobile home parks. Existing mobile home parks in the RMHP Zoning District and nonconforming grandfathered mobile home parks in the single-family districts have RVs located within the mobile home parks, which is not permitted by the Zoning Code. No existing mobile home parks zoned as RMHP were established per the requirements of the Zoning Code. One mobile home park located on Bunker Hill Road is zoned RS-15, “Single-Family Residential”, a park located on Hudgens Street is zoned RS-10, “Single-Family Residential”, and another park on Lee Seminary Road is zoned CI, “Commercial-Industrial Mixed Use”. All are legal nonconforming uses and the mobile home park located on Hudgens Street is grandfathered for RVs. All existing mobile home parks are grandfathered. The Planning Division has prepared an amendment to Section 201.8 Nonconformities. Adding Section 201.8L, Recreational Vehicles in Nonconforming Residential Mobile Home Parks as follows: SECTION 201.8L RECREATIONAL VEHICLES (RVs) IN NONCONFORMING RESIDENTIAL MOBILE HOME PARKS 1. Within nonconforming residential mobile home parks, areas may be converted to accommodate recreational vehicles subject to written approval of the Board of Zoning Appeals. 2. Areas within nonconforming residential mobile home parks converted to accommodate recreational vehicles shall be subject to applicable design and construction standards established in section 206.27 of the Zoning Code. Recommendation: Postpone for further study. 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 rezoning a portion of the properties located on West Broad (Tax Map 039, Parcel 150.02 & Tax Map 039, a portion of Parcel 157.00) from RS-20 (Single-Family Residential) & RS-5 (Single-Family Residential) to CL (Local Commercial). Request submitted by Aaron Bernhardt. This item was postponed at the June 26th Planning Commission meeting. Petitioner has requested that this item be withdrawn. Jim Cobb made the motion to approve the request recommended by staff. Judy Jennings seconded the motion and the motion carried unanimously. Approved. Cookeville Planning Commission 8 July 24th, 2023 Study Items: (1) Consider for study the preliminary plat of the Reserve at the Country Club, Phase VI, 32 lots located on Couples Drive and Nicholas Avenue (Tax Map 041 portion of parcel 027.00). Request submitted by Tom Sergio with Design Development of TN, LLC. Jim Stafne made the motion to accept the above items for study. Jim Cobb seconded the motion and the motion carried unanimously. Approved. Adjournment: 5:57 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission