Planning Commission

Cookeville Planning Commission Minutes September 25th, 2023 The Cookeville Planning Commission met on Monday, September 25th, 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: James Mills, Christopher Phillips, Jon Ward & Ken Young. Staff Members Absent: Haley Dickson. Others Present: Debra Coe, Sid Coe, Cheryl Vickers, Bill Davidson, Phyllis Davidson, Bill Ray, Amanda Carlen, Tyler Atkinson, Jack Gill, Alda Levendosky, Jim Blankenship, Taylor Dillehay, Wayne Cravens, Jill Delk, Hill Carlen, Tyler Gass, Lynsey Gass. 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 August 28th, 2023. Jim Stafne made the motion to approve the minutes of August 28th, 2023. Jim Cobb 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 resubmission of the preliminary plat of Magnolia East, 19 lots located at 1011 East 10th Street (Tax Map 040M, Group B, Parcel 004.18). Request submitted by Jerry Gaw. Recommendation: Approval of the preliminary play extension. 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 variance for two (2) adjacent flag lots and the final plat of Kenneth Wayne and Mary Beth Matheney Division, two (2) lots located on Ridgedale Drive. Request submitted by Mr. Kenneth Wayne and Mrs. Mary Beth Matheney. Mr. Jon Ward stated that Mr. Kenneth Wayne and Mrs. Mary Beth Matheney have submitted a request for a variance to allow the creation of two (2) adjacent flag lots and the final plat of Kenneth Wayne & Mary Beth Matheney Division, a two-lot subdivision located on Ridgedale Drive. Cookeville Planning Commission 2 September 25th, 2023 Analysis: The subject property is identified as Tax Map 054, Parcel 016.00 and contains approximately 3.41 acres. The property is zoned RS-20, “Single-Family Residential.” In the RS- 20 zoning district the required width at the right-of-way if 75 feet. The subject parcel only has a total width of 92.21 feet at the right-of-way. A flag lot is defined in the Subdivision Regulations as, “a lot which is accessed by a strip of land of a width less than the required street frontage and which is located behind another lot which meets the required street frontage.” Article X, Section G of the Subdivision Regulations specifies that flag lots shall be permitted only for existing lots of record and upon the approval of a variance by the Planning Commission subject to the following conditions: a. The parcel of land proposed for subdivision to include a flag lot shall have depth to width ratio exceeding 2:1. b. No access strip shall be less than 25 feet in width for its entire length. c. The access strip shall provide access for only one lot and shall be deeded and platted as a part of the building site. No building or structure shall be in the access strip. d. The access strip shall not exceed 500 feet in length and no more than two access strips shall be located side-by-side. e. The point where the access strip abuts the public street shall be safe for vehicular ingress and egress as far as visibility and grade are concerned since, unlike conventional lots, flag lots have no other alternatives for driveway locations. f. All required building setbacks shall apply and be measured from the boundaries of the portion of the lot excluding the access strip. g. The developer shall restrict the flag lot from further subdivision unless a street meeting all requirements, including right-of-way, is constructed. Said restriction shall be placed on the Final Plat. In no case shall a flag lot be used to avoid constructing a street to the required standards. The plat depicts an existing sewer easement located along the Ridgedale Drive right-of-way. Water Quality Control states that sewer capacity is available to serve the lots, but grinder pumps may be required. Current GIS data indicates that no portion of the subject property is located within a Special Flood Hazard Area and no area of the property is in a Sinkhole Retention Area. Recommendation: In the opinion of the Planning Division the petitioner has met the criteria for the requested adjacent flag lots and recommends that the variance be granted, and the plat be conditionally approved subject to a decision regarding the need for grinder pumps and any additions and/or corrections by the Planning Division or other city department. Jim Stafne made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Approved. Consider for action the final plat of Timberwalk Subdivision, Phase III, 57 lots located on Briley Lane and Mason Way. Request submitted by Titan Residential Development, LLC. Mr. Jon Ward stated that Mr. Justin Cumby, on behalf of Titan Development, LLC., has submitted for approval the final plat of Timberwalk Phase III, a 57-lot single-family detached development located on Briley Lane and Mason Way. Analysis: The subject property is identified as Parcel 069.09 and a portion of Parcel 069.08 on Tax Map 096 and contains approximately 10.49 acres. The property is split-zoned RS-5, “Single- Family Residential” and RS-10, “Single-Family Residential.” An HOA to provide for future Cookeville Planning Commission 3 September 25th, 2023 maintenance of all common elements for Phases I and II and all subsequent phases is recorded at the Register of Deeds in RB 1479 Page 330. A plat review meeting was held on September 12, 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 roadway subgrade, base stone and asphalt must be completed through the binder stage  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  Stormwater Maintenance Agreement must be submitted to Public Works and approved and signed before agreement is recorded  Water and sewer as-built plans are to be submitted to Water Quality Control  Developer shall submit payment to Planning for final street surfacing in the amount of $61,600 as specified by Public Works  Developer shall submit to Planning a financial guarantee in the form of a cashier’s check or irrevocable letter of credit in the amount of $58,600 to guarantee the completion of sidewalks; term shall be for a minimum of one (1) year up to a maximum of five (5) years  Developer shall submit a $10,000 two (2) year financial guarantee as a Warranty of Improvements to Planning  Completion of corrections and/or additions to the plat as determined necessary by Planning and/or other appropriate city departments Jim Stafne made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Approved. Consider for action the final plat of John Harper Subdivision, three (3) lots located on Carol Lane and Dowell Street. Request submitted by Mr. John Harper. Mr. Jon Ward stated that Mr. John Harper has submitted for approval the final plat of John Harper Subdivision, a three (3) lot single-family development located on Carol Lane and Dowell Street. Analysis: The subject property is identified as Parcel 015.00 on Tax Map 040-L, Group J, and contains approximately 1.82 acres. The property is zoned RS-10, “Single-Family Residential.” A plat review meeting was held on September 12, 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:  Water Quality Control states developer is to extend sewer service to Lots 1 and 2 per city specifications  Water Quality Control noted that a dye test may be required to determine if the existing structure on Lot 3 is currently tied on to sewer  Water Quality Control states that capacity fee must be paid before the plat can be signed for recording purposes  Water Quality Control quoted water meter fees are $1,200 for 5/8” meter and $1,400 for 1” meter  20’ utility easements are to be added to the plat along both street frontages Cookeville Planning Commission 4 September 25th, 2023  Completion of corrections and/or additions to the plat as determined necessary by the Planning Department and/or other departments or agencies Jim Cobb made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Approved. Consider for action amendments to the Old Kentucky Commons PCD (Planned Commercial Development) Request submitted by Mr. Wayne Cravens, on behalf of BSM Cookeville, LLC. Mr. Jon Ward stated that Mr. Wayne Cravens, on behalf of BSM, Cookeville, LLC., has requested amendments to the Old Kentucky Commons PCD. Five (5) amendments have been proposed which include changes to Lot 4, tenant signage, architectural design, and permitted uses. Each requested amendment will be discussed and evaluated individually. Analysis: The Old Kentucky Commons PCD Zoning was established by the Cookeville City Council by Ordinance #O18-11-31 in January 2019. The Final PCD Plan and Preliminary Plat was approved by the Planning Commission in August 2020 and included dividing the property into six (6) tracts. The total proposed building square footage that was approved was 106,860 square feet. As included in Section 224.19C.5.: Minor amendments to the Final PCD Plan may be submitted to the Department of Planning and Codes for review and approval. If the Department of Planning and Codes determines that the amendment is substantially different from the Preliminary PCD Plan and/or involves a change in the intent of the character of the PCD, then the amendment will be forwarded to the Planning Commission for approval, at which time a Public Hearing will be held. The Planning Division recognized the submitted request as necessary for Planning Commission consideration. Any specific limitations established by the City Council, would also need to be forwarded to the Council for consideration. The PCD Zoning District required approval of all facades and exterior building materials. Generic shell buildings depicting brick facades were approved for the outparcels for the Final PCD Plan. At the August 24, 2020 Planning Commission meeting, it was noted that, “as tenants for the outparcels are determined, the developers will be required to submit amendments to the PCD Plan to the Planning Commission for consideration if any changes to approved facades are proposed.” When the PCD Zoning was established, the City Council limited the type of signs allowed within the development. “Signage shall be restricted to monument style with a maximum height of 12 feet with the exception of one sign along the eastern boundary near Highway 111 where a pole sign not to exceed 25 feet in height may be located.” The Final PCD plan approved by the Planning Commission depicted a monument style sign north of the northern entrance on Old Kentucky Road, a monument sign on East 10th Street east of Old Kentucky Road on Lot 1, both restricted to 12 feet in height, and a 25-foot-tall sign on East 10th Street east of the eastern access point. The monument sign on Old Kentucky Road and the 25-foot-tall sign on East 10th Street have been installed. The Preliminary PCD Plan approved by the City Council and the Final PCD Plan approved by the Planning Commission restricted the use of Lot 2 and Lot 5 adjacent to Bilbrey Park to office buildings. The other properties were allowed for the broad land use classification of retail and office space. The City Council further prohibited billboards, night clubs and tattoo parlors in the Cookeville Planning Commission 5 September 25th, 2023 development. The restrictions on land uses were intended to lessen impacts on the adjacent residential properties. Amendment requests to the Old Kentucky Commons PCD were submitted by Mr. Wayne Cravens, on behalf of BSM, Cookeville, LLC. Five (5) amendments were submitted as follows: Request #1 Petitioner’s statement: “Wendy’s has requested, as a precondition for lease approval, that we subdivide Lot 4 to create a distinct site for their potential location, separate from other buildings on the same lot (Lot 4-A and Lot 4-B). A proposed layout of the lot is attached, and Clinton Surveying is currently preparing a revised plat. With this request, we are not suggesting changes to the approved uses or the total construction area, for either Lot 4 or the entire site. We trust this request might be approved solely by the Planning Commission.” The Planning Division recognizes no additional impacts from subdividing Lot 4 into two (2) lots. Proposed development on Lot 4 is limited to a maximum square footage of 17,625 square feet. If development remains within the approved square footage as approved by the Final PCD plan this would be compliant. The Planning Division recommends approval of the request to subdivide the property, which can be accomplished by a minor plat. This amendment would not require City Council consideration. Recommendation: Approval of amendment request 1. Request #2 Petitioner’s statement: “As part of their lease approval, Wendy’s desires their building design to fit their existing restaurant model, which features a brick exterior with sections in black, as depicted in the attached elevations. This design aligns with their latest concept, maintaining the attractiveness that the PCD intends for the center. We believe this request could be approved solely by the Planning Commission.” The submitted architectural elevations consists of predominately brick construction with an aluminum composite panel area and glass. These architectural elements would be compliant with architectural standards. The rear of the structure depicts a prefinished walk-in freezer/cooler dark brown in color and screening for used cooking oil. The Planning Division recommends approval of the submitted architectural elevations. Recommendation: Approval of amendment request 2. Request #3 Petitioner’s statement: “For their lease approval, Wendy’s has requested permission to install a sign as illustrated in the attached document “WP78R.pdf”. The proposed signage aligns with what they have in other upscale communities, enabling them to competitively compete with Algood restaurants on the other side of Hwy. 111, which have significantly taller signs, visible from Hwy. 111. The sign would be located on the east side of their parcel and would not stand on 10th St. We understand this request will require review by the Planning Commission and subsequent approval by the City Council.” Request #3 is to install a 19-foot illuminated pole sign on the eastern border of the PCD near Highway 111. At rezoning, the City Council limited the type of sign to monument style with a maximum height of 12 feet with one 25-foot-tall sign permitted on the eastern boundary of the Cookeville Planning Commission 6 September 25th, 2023 development on East 10th Street. The final PCD plan depicted three (3) total signs with a monument style sign north of the northern entrance on Old Kentucky Road and a monument sign on East 10th Street east of Old Kentucky Road on Lot 1, both restricted to 12 feet in height, and a 25-foot-tall sign on East 10th Street east of the eastern access point. The Zoning Code allows more signage than was stipulated by the City Council, but the Council established additional restrictions to limit impacts on adjacent properties. The Planning Division recommends upholding requirements established by the City Council. Recommendation: Denial of amendment request 3. Request #4 Petitioner’s statement: “In a bid to minimize uncertainty and time spent securing major tenants, we propose vesting the authority for approving the aesthetics and exterior materials of buildings for national and regional tenants expressly with the Planning Department. This change would save the city resources while still aligning with the spirit of the PCD approval for our 10th Street development. It would also lessen some costs, uncertainties, and time delays that might deter potential major tenants from locating in the development/Cookeville. We understand this request will need review by the Planning Commission and approval by the City Council.” The PCD Zone requires submittals for each building site and common open area, including the location, height and bulk of all buildings and structures, landscaping and other improvements. Also, the type, use and number of units for each structure, and elevation and perspective drawings of structures. A shell elevation was submitted and at Final PCD Plan approval consisting of brick construction, and it was further stipulated that as tenants for the outparcels are determined, the developers will be required to submit amendments to the PCD Plan to the Planning Commission for consideration if any changes to approved facades are proposed.” Development on Lot 3 was found to be compliant with the submitted commercial building elevation that was approved. The process to submit an amendment to the PCD Plan takes approximately two (2) months to complete as a public hearing is required. The Planning Division recommends that the Planning Commission continue to consider amendments to building elevations outside of the scope of what has been approved. Recommendation: Denial of amendment request 4. Request #5 Petitioner’s statement: “With the aim of completing the development attractively and in a manner that benefits both the city and the neighborhood, and due to the dwindling demand for office and office-like property, we propose expanding the approved uses for Lots 2 and 5 to match those of Lots 1, 3, and 4. This adjustment could enable us to attract tenants such as casual dining restaurants, retail outlets operating regular business hours, and other service-oriented businesses.” Petitioner additional submittal: Statement Addressing Trash, Odor, Sound, and Lighting Concerns for the Proposed Amendment to 1545 East 10th Street PCD Zoning To: Jon Ward, Cookeville City Planner, and members of the Cookeville Planning Commission, We recognize the importance of ensuring harmony between commercial developments and adjacent residential areas. As we seek to expand the permitted uses of the proposed zone beyond office spaces to include restaurants, retail, and more, we understand the potential Cookeville Planning Commission 7 September 25th, 2023 concerns ranging from trash and odor to sound and lighting. The following are potential actions we are open to take toward addressing these challenges: 1. Enclosed Trash Storage: All businesses in the newly zoned area will be required to use enclosed trash storage, effectively concealing waste and containing potential odors. 2. Limited Trash Pickup Times: To respect the peace and quiet of the adjacent neighborhood, trash pickups will be scheduled during restricted hours, reducing noise disruptions. 3. Sound & Lighting Buffers: We are willing to consider installing buffer solutions such as larger arborvitae or fences. These will serve multiple purposes:  Sound: Reducing noise pollution from the commercial zone.  Light: Minimizing light spillage into the adjacent neighborhood, especially during late hours. 4. Commitment to Community Integration: Every business will receive guidelines on waste management, noise control, and lighting standards. 5. Adaptive Design Principles: We're dedicated to adopting architectural and design solutions that naturally mitigate sound and light pollution—downward-facing lighting, and noise- reducing materials. In conclusion, our goal is a balanced, thriving commercial space that not only contributes positively to our city's economy but also respects and coexists harmoniously with its neighboring residents. We are committed to ensuring that all potential disturbances—whether they are related to trash, odor, sound, or lighting—are proactively managed and minimized. Your feedback and collaboration in this endeavor are highly valued. Respectfully, BSM Cookeville, LLC The Old Kentucky Commons Planned Commercial Development was located adjacent to an established residential area. The PCD District is designed to encourage flexibility and innovation in commercial developments. It is intended that projects within a PCD District provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion and excess demand on public facilities. The limitations of office space for Lot 2 and Lot 5 were understood to lessen impacts on the adjacent houses and in the opinion of the Planning Division, were imperative to approval. The Planning Division recommends denial of this request change approved use for Lot 2 and Lot 5. Recommendation: Denial of amendment request 5. Amanda Carlen, 1490 East 10th Street, voiced concerns regarding light and noise pollution from the development already and a new restaurant will make these worse. Does not want to pick up trash from the Wendy’s in her yard. Stated there were major traffic issues and a new drive-thru will make this problem worse. Cheryl Vickers, 620 Laurel Park Circle, stated she does not want any late-night businesses or a night club. States there are current issues with light pollution, noise pollution, and traffic issues. Debra Coe, 1570 Randy Drive, stated there were issues with noise and light pollution from the PCD. Stated there is major traffic congestion issues and issues with garbage. Cookeville Planning Commission 8 September 25th, 2023 Sid Coe, 1570 Randy Drive, stated that opening the lots to more permitted uses could bring in more businesses this city wouldn’t want. Phyllis Davidson, 1480 East 10th Street, stated that traffic is a major issue on East 10th Street. Stated there are numerous wrecks at the Old Kentucky Road/East 10th Street intersection. Bill Ray, 1085 Wilson Avenue, stated he hopes the Planning Commission denies the requests. Stated he does not want the PCD to change from what was approved. Jack Gill, 1382 Ivy Lane, states he is opposed to these requests. States Food City is often lit up like a circus. Garbage collection area smells. Jill Delk, 1351 East 10th Street, states she is concerned with the timing of these changes. States that if these changes are made before the widening of East 10th Street is complete, there will be major traffic issues. Wayne Cravens, petitioner, states he understands this is a contentious issue, but the developers have tried to be transparent. Stated they intended to collaborate with the neighborhood. States the developers installed protections such as the berm and screening to help alleviate issues with the neighborhood. States that Cookeville is growing, and the East 10th Street expansion has helped with more people moving to the area, which has also helped to increase traffic. Tyler Gass, 1510 Bennie Drive, states that the berm has not helped, and he does not want a Wendy’s in his backyard. Commission Bob Faulhaber wanted to clarify that a Wendy’s is allowed by right on Lot #4 within the PCD and that the Commission is voting on a sign request. Mr. Jon Ward stated that is correct. Lauren Metts made the motion to approve Request #1 as recommended by staff. Bob Faulhaber seconded the motion, and the motion was carried unanimously. Approved. Jim Stafne made the motion to approve Request #2 as recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Commissioner Lauren Metts asked if these requests will move forward to the City Council. Mr. Ward stated that the petitioner has the option to appeal the Planning Commission’s decision to the City Council if they so choose. Commission Faulhaber asked if the sign allotment and design were established by City Council. Mr. Ward stated that they were and read the recorded language established by City Council: “Signage shall be restricted to monument style with a maximum height of 12 feet with the exception of one sign along the eastern boundary near Highway 111 where a pole sign not to exceed 25 feet in height may be located.” Jim Cobb made the motion to deny Request #3 as recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Denied. Councilman Ali Bagci made the motion to deny Request #4 as recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Denied. Cookeville Planning Commission 9 September 25th, 2023 Jim Stafne made the motion to deny Request #5 as recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Denied. Consider for action amendments to the Major Street Plan. Request submitted by Staff. Mr. Jon Ward stated Planning Staff have prepared project amendments to the Major Street Plan. Analysis: Four (4) new TDOT Highway Improvement Projects have been discussed with the City Council and with TDOT Officials. Staff are requesting the Major Street Plan be amended to add the following four (4) projects to the Plan: 1. South Jefferson Avenue, Interstate Drive, Neal Street Intersection Improvements a. Add dedicated southbound right-turn lane South Jefferson Avenue at Interstate Drive 2. South Willow Avenue (HWY 135) Interstate Drive, Foreman Drive Intersection Improvements a. Add dedicated northbound right-turn lane on South Willow Avenue from I-40 to Interstate Drive 3. Interstate 40 Improvements a. Add a third lane east and west bound on I-40 from Exit 283 (Tennessee Avenue) to Exit 290 (East Spring Street) 4. Widening of South Willow Avenue (SR 135) a. Widen from Gould Drive to Lee Seminary Road Recommendation: Approval of the proposed amendment. Councilman Ali Bagci made the motion to approve the request recommended by staff. Kay Starkweather seconded the motion, and the motion was carried unanimously. Approved. Study Items: (1) Consider for study the rezoning property located on Fisk Road (Tax Map 040-D, Group A, Parcel 006.00) from RM-8 (Multi-Family Residential) to CI (Commercial-Industrial Mixed Use). Request submitted by Heather Bryant on behalf of Conexus Company, LLC. Kay Starkweather made the motion to accept the above item for study. Jim Stafne seconded the motion, and the motion was carried unanimously. Approved. Adjournment: 6:47 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission