Planning Commission

Cookeville Planning Commission Minutes August 28th, 2023 The Cookeville Planning Commission met on Monday, August 28th, 2023, at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Jim Cobb, Bob Faulhaber, Lauren Metts, Judy Jennings, Jim Stafne, Kay Starkweather & Jim Woodford. Members Absent: Councilman Ali Bagci. Staff Members Present: Christopher Phillips, Jon Ward & Ken Young. Staff Members Absent: James Mills & Haley Dickson. Others Present: Tom Sergio, Donnie Suits, Larry Stone, Lindsey Pride, Hugh Billingsley. 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 July 24th, 2023. Jim Stafne made the motion to approve the minutes of July 24th, 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. (1) Consider the six (6) month extension of the preliminary plat of Saxony Townhomes Phase IV, 128 lots located on East Spring Street (Tax Map 053L, Group C, Parcel 017.01). Request submitted by Gary McNabb. (2) Consider the resubmission of the preliminary plat of Lone Oak Townhomes, 15 lots located on Lone Oak Drive (Tax Map 066A, Group A, Parcel 010.00). Request submitted by Chris Shah. Recommendation: Approval of the Consent Agenda Items. 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 the Preliminary plat of the Reserve at the Country Club Phase VI, 31 lots located on Couples Drive and Nicholas Avenue. Request submitted by Mr. Tom Sergio with Design Development of Tennessee, LLC. Mr. Jon Ward stated that Mr. Tom Sergio, with Design Development of Tennessee, LLC., has submitted for approval the preliminary plat of the Reserve at the Country Club Phase VI, a 31-lot single-family detached development located on Couples Drive and Nicholas Avenue. Cookeville Planning Commission 2 August 28th, 2023 Analysis: The subject property is identified as a portion of Parcel 027.00 on Tax Map 041 and contains approximately 12.31 acres. The property is zoned RS-5, “Single-Family Residential.” The plat depicts the construction of a new private street proposed as Couples Drive and the extension of Nicholas Avenue. The plat depicts a Sinkhole Retention Area (SRA) across several of the proposed lots. Lots 296- 298 are severely incumbered by this area. Section 231.9 of the Zoning Code states, “Proposed development activity on land indicated as a sinkhole retention area on the City of Cookeville Zoning Map will require that the applicant conduct and submit a sinkhole terrain survey of the property which shall identify site specific karst geologic features. This survey shall be conducted and certified by a geologist or geotechnical engineer licensed in the State of Tennessee with the qualifications to review and analyze karst geological features.” The plat further depicts a US Fish and Wildlife wetland area on lots 296, 297, 304 and 305. The property was delineated by MRW Environmental, and this area was not determined as a wetland by the delineation. The Tennessee Department of Environment and Conservation has issued concurrence of the wetland delineation. An engineering plan was submitted by the developer from RCC Design Group relative to the Sinkhole Retention Area. The convergence of the karst feature is located off the subject property on the adjacent property to the east. Public Works has reviewed the design submitted by the developer’s engineer and confirms that cuts within Lots 291-296 and fill added in Lots 295-298, and Lots 303-305 will balance the volumes within the SRA as shown by the hatched area on the plat. In addition, Public Works required a drainage easement connecting the drainage from Phases I and II through Phase VI which is shown on the plat. The Zoning Code stipulates permitted uses that are allowed within a SRA. Within residential areas lawns, gardens, parking areas, and open space or landscaped areas are permitted. Section 231.14, Uses Permitted by Special Review, states: “Uses and structures permitted in the underlying zone may be permitted in a sinkhole retention area as shown on the City of Cookeville Zoning Map only upon application to the Planning Commission and subject to the following conditions: 231.14A The applicant shall submit to the Department of Public Works and the Planning Commission evidence that the proposed use can be protected from inundation by retaining wall, levee, or other means without undue interference either with the flow of any water course or with any necessary retention basin. 231.14B The Public Works Department shall review the evidence submitted by the applicant and make a written evaluation and recommendation of same to the Planning Commission. 231.14C Upon consideration of said evidence by the Planning Commission, the applicant may be granted a permit with protective measures stipulated as being conditional approval of the permit. 231.14D No building permit and no use and occupancy permits shall be issued until and unless the above conditions have been met to the satisfaction of the Building Official. Cookeville Planning Commission 3 August 28th, 2023 231.14E All subdivision proposals and other new development plans are required to record the boundaries of the sinkhole retention area buffer. This boundary may differ from the established sinkhole retention area buffer only on approval of the Department of Public Works which shall by noted on said plat or plans. The proposal requires Planning Commission approval for residential structures to be developed on lots 296, 297, and 304. The other lots encumbered by the SRA appear to have enough area for a structure footprint outside of the SRA boundary. A plat review meeting was held on August 15, 2023. All relevant city departments were present and provided comments for conditional approval of the submitted plat. Recommendation: Conditional 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, wetlands, streams etc.  Sidewalk and curb details are to be provided with five (5) foot bump outs every 200 feet per ADA requirements for the proposed three (3) foot sidewalks as installed in the previous phases; 2% cross slope is required and must be shown on sidewalk detail.  Developer shall submit a roadway construction plan and profile with storm sewer and sidewalk details to Public Works, which shall include typical cross section, subgrade, base width and asphalt width.  Public Works requires curb ramps with truncated domes at street crossings.  Public Works requires the submittal of a SWPPP and NOI with permit fees and warranty based on limits of disturbance for review and approval of Phase VI work.  Water Quality Control requires the submittal of State approved water and sewer plans.  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. Jim Cobb asked if a written recommendation was provided by Public Works. Mr. Ward stated that Public Works did provide a written recommendation for the sinkhole retention areas. Kay Starkweather made the motion to approve the request recommended by staff. Jim Stafne seconded the motion, and the motion was carried unanimously. Approved. Consider for action the final plat of Vickery Square, 11 lots located on East Spring String Street. Request submitted by Mr. Donnie Suits, on behalf of Vickery Townhomes, LLC. Mr. Jon Ward stated that Mr. Donnie Suits, on behalf of Vickery Townhomes, LLC. Has submitted for approval the final plat of Vickery Square, an 11-lot single-family attached development located on East Spring Street. Cookeville Planning Commission 4 August 28th, 2023 Analysis: The subject property is identified as Properties 008.00, 009.00, 010.00, and 011.01 on Tax Map 053L, Group A and contains approximately 1.40 acres. The property is split-zoned RS- 5, “Single-Family Residential” and CL, “Local Commercial.” Public Works initially had concerns regarding the installation of sidewalks along Elizabeth Avenue hindering the stormwater management of the site. After an on-site review, however, they state that sidewalks can be installed from the East Spring Street/Elizabeth Avenue intersection to the entrance of the proposed new private street, Vickery Drive. Public Works recommends doing the sidewalk and pavement grade falling into the site to allow stormwater to sheet across sidewalk into the proposed ditch. In addition, they state that the TDOT pipe at the intersection needs to be extended under the new sidewalk, subject to approval from TDOT. Water Quality Control states that the setters for the vaults have not arrived and subsequently, a Warranty of Improvements Letter of Credit in the amount of $2,500 is required to cover the setters and installation if needed. Until that is completed, the developer shall keep the water in their name on all units and pay for consumption which will include sewer as agreed upon by Water Quality Control and the developer. Once the setters are installed, it will be the responsibility of the developer to require tenants to go to City Hall and add their name on their respective account. A plat review meeting was held on August 15, 2023. All relevant city departments were present and provided comments for conditional approval of the submitted plat. Recommendation: 90-day conditional approval of the final plat subject to the following:  The sidewalk to be constructed as shown on the preliminary plat along East Spring Street and Elizabeth Avenue shall be depicted on the final plat.  The private street subgrade, base stone, asphalt, and final surfacing must be completed.  Curbs must be completed.  Sidewalks must be completed as stipulated and approved by Public Works.  Subject to approval by TDOT, the TDOT pipe at the intersection is to be extended under the new sidewalk.  The storm drains, ponds and drainage features must be cleared of construction silt and the sand filters must be installed in the ponds and then inspected and approved by Public Works; developer to make certain that all ponds are draining through the sand filter in the 24–72-hour time frame per design.  Trash cart pad must be completed.  Stormwater Maintenance Agreement must be submitted to Public Works and approved and signed before the agreement is recorded. The recorded agreement shall reference the final recorded plat.  Developer shall submit $400 payment for signage to Public Works ($200 per combination street/stop sign).  The developer shall submit a $2,500 (1) year Letter of Credit as a Warranty of Improvements to cover setters and installation as stipulated by Water Quality Control.  Note is to be added to the plat that developer shall keep water in their name and pay for consumption until setters are installed and approved by Water Quality Control and developer will require tenants to then add their name on their respective account. Cookeville Planning Commission 5 August 28th, 2023  The Gas Department stipulates that the two (2) inch plastic gas main will need to be installed before paving and they prefer to be the last utility to be installed.  Completion of corrections and/or additions to the plat as determined necessary by Planning and/or other appropriate city departments.  An HOA to provide for future maintenance of all common elements is to be recorded at the Register of Deeds and a copy submitted to Planning as soon as possible after the plat is recorded; (Public Works requires that the HOA must include Stormwater Maintenance Agreement language applicable to each building lot). 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 (RVs) in the Residential Mobile Home Park Zoning District and nonconforming mobile home parks. Request submitted by Staff. Mr. Jon Ward stated Planning Staff have prepared an amendment to the Zoning Code relative to recreational vehicles (RVs) in the Residential Mobile Home Park 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 approval of the Chief Building Official. 2. Areas within nonconforming residential mobile home parks converted to accommodate recreational vehicles shall be subject to the following conditions: a) The Chief Building Official shall confirm that no codes violations currently exist on the subject property. b) RVs shall remain in operable condition and shall not be considered “junked vehicles”, as specified in the City of Cookeville Municipal Code, Title 15 Motor Vehicles, Traffic and Parking, Chapter 6 Parking. c) “Junked Vehicle” is defined as, “any vehicle which is inoperative or reasonably appears to be inoperative; wrecked; dismantled; partially dismantled; or discarded. Cookeville Planning Commission 6 August 28th, 2023 Conditions which may indicate that a motor vehicle is ‘junked’ include, but are not limited to, extensively rusted, without all properly inflated tires, without windshields or window glass, without major chassis components or brake lights, or without any other vehicle component required by law for legal operation on a street.” d) A site plan shall be submitted to the Chief Building Official to establish E-911 addresses for all pads within the subject property. Recommendation: Approval of the proposed amendment. Mallie Rogers recused herself from the vote. Jim Stafne made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion and the motion passed. The votes were as follows: Jim Woodford: Aye, Judy Jennings: Aye, Jim Stafne: Aye, Jim Cobb: Aye, Bob Faulhaber: Aye, Lauren Metts: Aye, Kay Starkweather: Aye, Mallie Rogers: Recused. Approved. Study Items: 1) Consider for study amendments to the Old Kentucky Commons PCD (Planned Commercial Development) Plan. Request submitted by Wayne Cravens on behalf of BSM Cookeville, LLC. 2) Consider for study amendments to the Major Street Plan. Request submitted by Staff. Kay Starkweather made the motion to accept the above items for study. Jim Cobb seconded the motion and the motion was carried unanimously. Approved. Adjournment: 5:53 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission