Planning Commission

Cookeville Planning Commission Minutes October 23rd, 2023 The Cookeville Planning Commission met on Monday, October 23rd, 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. Members Absent: Mallie Rogers & Jim Woodford. Staff Members Present: Christopher Phillips, Jon Ward, Ken Young & Haley Dickson. Staff Members Absent: James Mills. Others Present: Harold Brown, Tom Sergio, Rick Hall, Terrence Meggs & Danny Webb. Establishment of Quorum: Vice-Chairman Judy Jennings 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 Cobb seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of September 25th, 2023. Jim Cobb made the motion to approve the minutes of September 25th, 2023. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Vice Chairman Judy Jennings stated that there is a quorum present. 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 six (6) month extension of the preliminary plat of Walnut Village Inc. Road Dedications, one (1) lot located on Buffalo Valley Road (Tax Map 054, 084.03 & 084.06). Request submitted by Walnut Village Inc. b. Consider the six (6) month extension of the preliminary plat of Ansley Park, 24 lots located on Ruby Lane (Tax Map 053-M, Group B, Parcels 021.00 & 021.01). Request submitted by Capital Communities, LLC. c. Consider the resubmission of the preliminary plat of Brookview Phase I, four (4) lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. d. Consider the resubmission of the preliminary plat of Brookview Phase II, 12 lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. Recommendation: Approval of the preliminary play extension. Jim Stafne made the motion to approve the request recommended by staff. Councilman Ali Bagci seconded the motion and the motion carried unanimously. Approved. Cookeville Planning Commission 2 October 23rd, 2023 Consider for action the final plat of the Reserves at the Country Club Phase VII, 23 lots located on Nelson Way (Tax Map 041, Parcel 027.00). Request submitted by Tom Sergio on behalf of Design Development of TN, LLC. Mr. Jon Ward stated that Mr. Tom Sergio, on behalf of Design Development of TN, LLC., has submitted for approval the final plat of the Reserve at the Country Club Phase VII, a 23-lot single-family detached development located on Nelson Way. Analysis: The subject property is identified as a portion of Parcel 027.00 on Tax Map 041 and contains approximately 8.75 acres. The property is zoned RS-5, “Single-Family Residential.” The plat depicts the construction of a new public street proposed as Nelson Way. Covenants pertaining to rain gardens recorded in Record Book 489 Page 361 as noted on the plat are binding for Phase VII as well as all prior phases and future phases. A plat review meeting was held on October 17, 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:  Road section profile to be corrected or removed from the plat  The roadway subgrade, base stone and asphalt must be completed through the binder stage  The storm drains and drainage features must be cleared of construction silt  Public Works requires that per the ARAP permit, Stream 2 and Wetland E located in this phase are not to be disturbed and must be depicted on the plat with a 60’ average undisturbed buffer  Developer shall pay Public Works a total fee of $400 for signage  All hydrants must be accurately shown on the plat  Water Quality Control requires that the sanitary sewer layout along the northern line is to be updated to reflect the relocated manhole  Water Quality Control further stipulates that the sewer in Phase VI must be installed then inspected and approved before the Phase VII final plat can be endorsed by the department  Water and sewer as-builts are to be submitted to Water Quality Control  Developer shall submit payment to Planning for final street surfacing in the amount of $26,400 as determined by Public Works  Developer shall submit a financial guarantee for the completion of sidewalks and curbs to Planning in the amount of $52,500 as determined by Public Works; guarantee shall be for a term of one (1) year minimum and a maximum term 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 Cobb made the motion to approve the request recommended by staff. Jim Stafne seconded the motion, and the motion was carried unanimously. Approved. Cookeville Planning Commission 3 October 23rd, 2023 Consider for action the rezoning property located at 2210 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. Mr. Jon Ward stated that Ms. Heather Bryant, on behalf of Conexus Company, LLC. and property owner Donnie Meadows, has submitted a request to rezone from RM-8, “Multi-Family Residential” to CI, “Commercial-Industrial Mixed Use” property located on Fisk Road. Analysis: The subject property is identified as Parcel 006.00 on Tax Map 040-D, Group A and contains approximately 1.33 acres. The property is currently zoned RM-8 and is bordered by HM, “Heavy Manufacturing” to the south. The property is bordered by the corporate city limits to the north, east, and west. The request was submitted to allow a convenience store with restaurant or townhomes. Townhomes are a use permitted upon review by the Planning Commission in the current RM-8 Zone. The petitioner has been made aware that townhomes would be allowed within the RM-8 as the property is currently zoned but would not be allowed within the CI District if the property is rezoned. The RM-8 District is intended to provide a moderate-density multi-family, two-family, and single-family residential environment in areas where public sewer is available. The CI District is intended to accommodate a mixture of compatible commercial and light industrial developments. The CI District shall generally be located where permitted developments have direct access to streets of at least Major Collector classification. The subject property was recommended for Annexation by the Planning Commission at the April 24, 2014, meeting. The property was requested to be zoned RM-8 at the time of annexation. The adjacent properties, both within the corporate city limits and without, contain commercial or industrial developments. The Planning Division feels that commercial-industrial mixed-use zoning would be more consistent with the current development in the area. The Future Land Use Plan designates this area as best suited for General Industrial use. The CI District would comply with this designation. The property has approximately 285 linear feet of street frontage along Fisk Road. Fisk Road is classified as a Major Collector Street, as is recommended for development within the CI District. The property also has approximately 215 linear feet of street frontage along Summerfield Drive. No limiting natural factors are present on the property according to available GIS data. The rezoning request is in compliance with the Future Land Use Plan. Recommendation: Approval of the rezoning request. 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 amendment to the Zoning Code relative to recreational vehicles (RVs) in the Residential Mobile Home Park (RMHP) Zoning District and nonconforming mobile home parks. Request submitted by Staff. This item was referred to the Planning Commission at the October 5, 2023, City Council meeting. Mr. Jon Ward stated that Planning Staff proposed amendments to the Zoning Code relative to recreational vehicles (RVs) in the Residential Mobile Home Park (RMHP) Zoning District and nonconforming mobile home parks at the August 28, Cookeville Planning Commission 4 October 23rd, 2023 2023, Planning Commission meeting. The proposed amendments were sent to the Cookeville City Council for consideration at the October 5, 2023, meeting. The City Council requested this item be brought back to the Planning Commission for further consideration. The Planning Division has added additional language to the proposed Zoning Code amendment to exclude pop-up campers, add limitations on density, prohibit appurtenances and underpinning, and limit the length of occupancy. 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”, another park on Lee Seminary Road is zoned CI, “Commercial-Industrial Mixed Use” and another mobile home park on C.C. Camp Road is Zoned RS-20 “Single-Family Residential.” 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 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) Recreational Vehicle (RV) means a vehicle which is either self-propelled or towed by a consumer-owned tow vehicle, and designed to provide temporary living quarters for recreations, camping, or travel use that complies with all applicable federal vehicle regulations and does not require a special movement permit to legally use the highways. b) RVs for this section shall include motorhomes, travel trailers, and fifth wheel travel trailers. Folding camping trailers or “Pop-up” trailers shall be prohibited. c) The Chief Building Official shall confirm that no codes violations currently exist on the subject property. d) RVs may replace mobile homes on a one-for-one basis. No additional density will be permitted above the current density of the non-conforming Mobile Home Park. e) No underpinning or skirting or appurtenances such as decks or porches shall be permitted on Recreational Vehicles. f) In non-conforming mobile home parks, no site shall be continuously occupied by an RV for more than 180 days. g) RVs shall remain in operable condition, shall have a valid vehicle registration, 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. Cookeville Planning Commission 5 October 23rd, 2023 h) “Junked Vehicle” is defined as, “any vehicle which is inoperative or reasonably appears to be inoperative; wrecked; dismantled; partially dismantled; or discarded. 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.” i) 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 amendment Mr. Ward offered to show videos taken by the Planning Division of the current state of the Mobile Home Parks. Councilman Ali Bagci asked if each lot has individual trash pickup. Mr. Ward stated that he will have to ask Public Works. Councilman Bagci asked if there is a vacant lot with nothing on it, what could be put on it. Is it a 1 for 1 for something currently there? Mr. Ward responded that there can only be single-wide trailers in the Residential Mobile Home Parks (RMHP) District and the other lots are currently nonconforming and have been grandfathered into the City. They can replace those single-wide trailers with mobile homes or transition to RV spots. Councilman Bagci stated that he would like to remediate the discrepancies and create guidelines to enforce in the future. Mr. Rick Hall, owner of Hudgens Street RV Park, stated that his park has been there over for 60 years. His property was annexed in 1980’s and rented mobile homes & RV’s in the early 60s. He stated that he is not here to argue law, but lawyers have assured him that he is good and they can’t change anything that they are doing. He believes that he is allowed to expand his RV park if they have room. Mr. Hall stated that the code was passed half a century ago to protect businesses from intrusion from local government. He stated that somehow, people think that RV parks are just a bunch of drug addicts, homeless camps, and the like. He stated that his RV park has doctors and nurses staying there and his RV Park hosts many traveling nurses. Mr. Hall stated that many construction projects in Upper Cumberland has construction workers living in the RV parks. Terrence Meggs, owner of the Bunker Hill Road RMHP, stated that he took over the park to get rid of the lower-class people who were living in the mobile homes. He stated that he doesn’t want to work on mobile homes anymore and has upgraded his clientele to people who work full time. He stated that people need places to put their RVs to live and that people depend on RV lots. Mr. Meggs stated that most retirees can’t afford apartments in town and he has good quality people living in his RV park. He stated that time limits on people living there is not going to work and underpinning can be proper and look nice. Mr. Meggs stated that he is very picky with his property and wants it to look nice. He stated that according to law, he can expand property to however big he wants but he doesn’t want RV’s coming out as a campground. Mr. Jim Cobb asked about laws regarding RMHP’s and RV’s. Cookeville Planning Commission 6 October 23rd, 2023 Mr. Ward responded that under Tennessee Code 13-7-208, they can continue uses as long as it doesn’t cease for 30 months. He stated that his interpretation of state law mobile homes & RV’s are defined as two separate issues. Mr. Ward stated that the City has made the determination that RV’s can replace mobile homes and that there are laws that do protect in certain issues. He stated that time limitations were added as a concern of the City Council. He stated that RVs are defined as temporary living spaces and the City has had issues with mobile homes and there are concerns by the Council if RVs are turned into long-time residences. Mr. Meggs stated that the definition of RV’s doesn’t fit the current use as people are using RV’s as permanent living spaces and that mobile homes can be moved just like RV’s. Mr. Bagci stated that underpinning can vary and asked how to define what is appropriate. Mr. Ward responded that all of these changes were added to address the concerns of the City Council regarding long-term residences. Mr. Cobb asked Councilman Bagci what was behind the 6-months stipulation. Mr. Bagci responded that RV Parks are defined as not long-term residences. Mr. Bob Faulhaber stated that he is a little uncomfortable with the changes added by the City Council. He stated that he wants to hear from members of the Council regarding their concerns. Mr. Faulhaber made a motion to postpone the request 30 days. Mr. Cobb seconded the motion and the motion carried unanimously. Approved. Study Items: (1) Consider for study to allow as a use permitted under review of the Planning Commission a Horizontal Property Regime to be recorded over an existing multi-family property located on Darwin Street & Boatman Street (Tax Map 053-O, Group A, Parcel 001.00). Request submitted by Kent T. Campbell on behalf of Real Estate Development, LLC and Villas at Park View, LLC. Jim Stafne made the motion to accept the above item for study. Kay Starkweather seconded the motion, and the motion was carried unanimously. Approved. Staff Reports: (1) Minor Plats  High Ridge Park Division, two (2) lots located on Hughes Street & South Franklin Avenue (Tax Map 053-I, Group G, Parcel 001.00) – Frontier Communications/Citizens Telecommunications of TN LLC Adjournment: 6:25 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Judy Jennings, Vice-Chairman Planning Assistant Cookeville Planning Commission