Planning Commission

Cookeville Municipal Planning Commission Agenda December 18th, 2023 5:30 P.M. Action Items: (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of November 20th, 2023. (3) Consider for action the preliminary plat of Western Hills Subdivision, 32 lots located on Holder Avenue, Western Hills Drive, Timwood Street, & Gaw Street (Tax Map 054-D, Group A, Parcel 035.00). Request submitted by James William Smith. Developer has requested this item be withdrawn. (4) Consider for action the final plat of Allison Division – Division of Lot 2, four (4) lots located on North Franklin Avenue and West 7th Street (Tax Map 040-P, Group B, Parcel 018.00). Request submitted by Burton Nelson. (5) Consider for action the final plat of Westfield Court, six (6) lots located at 461 West Stevens Street (Tax Map 053-I, Group A, Parcel 019.00). Request submitted by Andy Milton on behalf of Michael Cunningham. (6) Consider for action the final plat of Kacie Avenue Division, six (6) lots located at 621 West Stevens Street (Tax Map 053-I, Group A, Parcel 012.00). Request submitted by Andy Milton on behalf of Bobby & Joy Cunningham. Staff Reports: (1) Minor Plats x Manning Place Lots 6 & 7 Combination Plat, one (1) lot located at 813 Manning Place (Tax Map 040M, Group B, Parcel 006.06 & 006.07) – Matt Davidson / Ironstone Capital, LLC November 20th, 2023 Minutes  Cookeville Planning Commission Minutes November 20th, 2023 The Cookeville Planning Commission met on Monday, November 20th, 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, Judy Jennings, Mallie Rogers, Jim Stafne & Kay Starkweather & Jim Woodford. Members Absent: Lauren Metts. Staff Members Present: Christopher Phillips, Jon Ward, Ken Young, James Mills, Matt Billings, & Haley Dickson. Staff Members Absent: None. Others Present: Aaron Bernhardt, Terrence Meigs, Dale Bohannon, Hugh Billingsley, Rick Hall, Jon Kaulay. Establishment of Quorum: Chairman Jim Woodford announced that a quorum was present for the meeting. Moment of Appreciation honoring Jim Stafne for his 25 years of service to the City as a member of the Cookeville Municipal Planning Commission. 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 October 23rd, 2023. Jim Stafne made the motion to approve the minutes of October 23rd, 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 resubmission of the preliminary plat of Highbury Subdivision, 147 lots located on Neal Street & East Veterans Drive. Request submitted by Chad Gilbert of Putnam Contracting Services. b. Consider the resubmission of the preliminary plat of Liberty Subdivision, 68 lots located on Salem Church Road & England Drive. Request submitted by Bernhardt Construction. c. Consider the resubmission of the preliminary plat of Pemberton Subdivision, 24 lots located on England Drive. Request Submitted by Bernhardt Construction. Recommendation: Approval of the preliminary plat extensions. 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 final plat of Churchview, seven (7) lots located on West Stevens Street & Scott Avenue (Tax Map 053-G, Group H, Parcel 011.02). Request submitted by Aaron Cookeville Planning Commission 2 November 20th, 2023 Bernhardt. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval the Churchview Division final plat, a seven (7) lot single-family attached development located on West Stevens Street and Scott Avenue consisting of Lots 1-6 as townhome lots and Lot 7 as the remaining common area. Analysis: The subject property is identified as Parcel 011.02 on Tax Map 053-G, Group H and contains approximately 0.53 acres. The property is zoned CG, “General Commercial.” All townhomes face and are addressed off Scott Avenue. A private driveway vehicular easement provides access to the rear of the units and no signage is required by Public Works. A plat review meeting was held on November 14, 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: x Easements and right-of-way restrictions must be added to the final plat, per City of Cookeville Subdivision Regulations x Completion of concrete entrance aprons x Completion of sidewalks x Completion of trash cart pad x Storm drains and drainage features must be cleared of construction silt x Stormwater Maintenance Agreement must be submitted to Public Works and approved and signed before the agreement is recorded. Recorded agreement shall reference the final recorded plat x A recorded Homeowner Association Agreement must be submitted to Planning in a timely manner after the final plat is recorded x Completion of corrections and/or additions to the plat as determined necessary by Planning and/or other appropriate city departments 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. 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. This item was postponed at the October 23rd Planning Commission 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, 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. The Planning Commission postponed consideration at the October 23, 2023 meeting. 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 Cookeville Planning Commission 3 November 20th, 2023 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”, one on Hudgens Street is zoned RS-10, “Single-Family Residential”, one on Lee Seminary Road is zoned CI, “Commercial-Industrial Mixed Use” a mobile home park on C.C. Camp Road is Zoned RS-20 “Single-Family Residential”, and a mobile home park located on Crescent Drive is Zoned RS-10 “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. 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. Cookeville Planning Commission 4 November 20th, 2023 3. These provisions shall apply to non-conforming residential mobile home parks located within the Cookeville City Limits prior to December 31, 2023. 4. If any provisions or sub-provisions of this ordinance are declared invalid or unenforceable the remaining provision will remain in full force and effect. Recommendation: Approval of the amendment. Mr. Jon Ward reviewed the definitions of a mobile home and a recreational vehicle as defined in the Cookeville Zoning Code and Tennessee State Law. He stated that he has reviewed these definitions with the City Attorney, and he recommends that the time limit of 180 days remain in the ordinance based on the state definition of a recreational vehicle being defined as a temporary living quarters. The Planning Division would agree to approve the amendment as presented. Mr. Bob Faulhaber stated that at the Work Session, they spoke about removing items E & F and is still in support. He asked if with the new information from the City Attorney, can removal of the items be determined by City Council? Mr. Ward responded yes; the Planning Commission is giving a recommendation to the City Council. Mr. Faulhaber stated that this is an opportunity to improve these nonconforming residential mobile home parks and any new provisions may make it more difficult. He stated that the junked vehicle provision addresses the Councils concern without setting a time frame and underpinning. Mr. Jim Cobb asked if in the attorney’s opinion, should the Planning Commission move forward with the amendments. Mr. Ward stated that ultimately its Council’s decision and Planning Commission’s recommendation. Mr. Cobb stated that he concurs with Mr. Faulhaber’s position. Mr. Faulhaber stated that his recommendation is to approve the amendment with items D, E & F stricken. Mr. Aaron Bernhardt asked if owners of Residential Mobile Home Parks can upgrade their property at any point in time and if tenants will have to move after 180 days or if the trailer has to move every 180 days. Ms. Judy Jennings stated that item is stricken out of the recommendation. Mr. Terrence Meigs stated that he is in support with removing the 3 items previously discussed and asked if underpinning would be allowed. He stated that he is particular with his property and will only allow professional underpinning. He stated that his big concern was with the 6-month restriction and that he is okay with the changes to remove the items previously discussed. Bob Faulhaber made the motion to approve the amendment to the request with items D, E and F stricken. Judy Jennings seconded the motion and the motion carried unanimously. Approved. Consider for action to allow as a use permitted under review of the Planning Commission a Horizontal Property Regime 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. Mr. Jon Ward stated that Mr. Kent Campbell, on behalf of Real Estate Cookeville Planning Commission 5 November 20th, 2023 Development, LLC. And Villas at Park View, LLC., has submitted a request 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 Dawin Street and Boatman Street. Analysis: The subject property is identified as Parcel 001.00 on Tax Map 053-O, Group A and contains approximately 11.53 acres. The site is the location of the Claude Darwin Apartments, previously owned Highlands Residential Services housing authority. The property is zoned RM- 8, “Multi-Family Residential”, and is bordered by RM-8 Zoning to the north, by RS-10 “Single- family Residential” and RM-8, to the west, by RD “Single Family and Duplex Residential” and MS “Medical Services” to the south, and by RS-10 “Single-family Residential” to the east. The current development consists of 59 total units. Tennessee Code Annotated Chapter 66-27-101 through 123 establishes Horizontal Property Regimes in state law. T.C.A. Ch. 66-27-103 states, “(a.) Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by 66-27-107, their desire to submit their property to the regime established in this part, there shall be thereby established a horizontal property regime. (b.) If there is substantial compliance with this part as pertaining to private elements and if an appropriate legal opinion is obtained from an attorney licensed to practice law in this state to the effect that all legal documents required in this part for the creation of a planned unit development are attached and therefore a planned unit development is created under this part, then a planned unit development shall be deemed to have been properly organized and constituted under state law. All planned unit developments shall require a declaration, bylaws, a plat showing private and common elements, a townhouse corporation, charter, and an attorney’s opinion.” Mr. Campbell has submitted drafts of the required documentation as required by Tennessee Code. The developer has submitted a draft legal opinion from an attorney stating all legal documents are required. Also, a certificate from an architect licensed to practice in Tennessee, stating “Upon completion of the signed alterations, all ‘apartments’ will substantially comply with 2018 existing IRC adopted by the City of Cookeville, subject to allowed exceptions for alteration or additional to the existing buildings (2018 IRC R102.7.1 and R313.2)” as required in T.C.A. 66-27-104. A departmental review was held on October 31, 2023. All relative departments were present and provided comments relative to the submitted horizontal property regime plat. Water Quality Control noted that the private sewer within the development needs to be replaced. Cookeville Electric Department noted that new inspections will be required, and the developers must reapply for electric meters. A revised plan depicts FEMA floodplain area and Sinkhole Retention Area Overlay zoning and also depict a proposed trash dumpster location off Darwin Street. Public works has indicated that a dumpster pad must be installed and inspected to meet the dumpster pad detail requirements. The dumpster location is proposed in an area that provides access to a sewer pump station. Public Works has indicated that the dumpster would need to be located in an area that would not block access to the pump station. The northern area of the subject property includes a concrete drainage basin. An easement was deeded to the City for this in 1986. That easement was established for 40 years and is set to expire in 2026. The developer representative has indicated that the current easement could be extended in perpetuity to the city. Cookeville Planning Commission 6 November 20th, 2023 The Planning Division has concerns with parking for the development. Parking for the existing 59 residential units is served by on-street parking only. The Villages at Park View, HPR Exhibit depicts 103 total on-street parking spaces for the development. This includes parallel parking on both sides of Boatman Street and parallel parking on the south side of Darwin Street. Parking for the existing apartments has been provided this way since the apartments were constructed in 1961. New development is required to provide off-street parking. For single-family and two-family residences, the Zoning Code requires three (3) off-street parking spaces per dwelling unit, for townhomes, condominiums, efficiency apartments and multi-family dwellings. The Zoning Code further requires 1.25 parking spaces per bedroom for the first 50 units and two (2) parking spaces per unit for all units exceeding 50 units. Developments providing a varying number of bedrooms must use the units with the highest number of bedrooms for the first 50 in the calculation. The Planning Division requested that the number of bedrooms for the development be included in the HPR Exhibit, and this information has not yet been provided. Boatman Street and Darwin Street are both classified as local streets. The street width on Boatman Street is approximately 35’ 6” and the width on Darwin Street is approximately 27’ 5”. The Cookeville Zoning Code requires a parallel parking space width of nine (9) feet. For Boatman Street, this would leave a width of 17’6” and approximately 8’9” travel lanes and similar width on Darwin Street. The American Association of State Highway and Transportation Officials (AASHTO) Green Book states that widths of seven (7) feet have been used successfully for parallel parking and eight (8) feet is a desirable width when the parking area is not intended to provide a travel through lane during peak traffic times. Public Works has indicated that an eight (8) foot parking lane would allow a 19’6” through street with 9’9” travel lanes on Boatman Street and a very similar width on Darwin Street and should continue to function. The City of Cookeville Municipal Code, Section 15-606 (4) states: “Parking on local streets as determined by the Classification of Thoroughfares maintained by the Planning Department and available on the City of Cookeville website shall be prohibited where an unobstructed width of the travel lane opposite a parked vehicle of not less than 12 feet cannot be provided.” It is important to note that off-street parking is required for all new developments in the City. This is one of a few areas in the city where parking is provided exclusively on-street. For residential uses, on-street parking areas or primarily located in association with public housing developments. It is anticipated that the number of vehicles will increase as the property transitions from public housing to a single-family ownership structure. The current bedroom count for the apartments would require 174 total parking spaces (five (5) - four (4) bedroom units, 18 - three (3) bedroom units, 24 - two (2) bedroom units and 12 - one (1) bedroom units). The developer’s representative has indicated that the number of bedrooms would decrease with the implementation of the HPR. This would include reducing the four (4) bedroom units to three (3) bedroom units and reducing the three (3) bedroom units to two (2) bedroom units. This reduction would require a total of 145 parking spaces. The developer has provided a bedroom count of 111 bedrooms for the 59 units. A letter provided by Mr. Campbell by email explains that the developers may wish to add units meeting applicable requirements of the City. A small structure is located on the northwest intersection of South Walnut Avenue and Boatman Street. The developer’s representative has inquired if this could be used for commercial use. The property is zoned RM-8 multi-family residential, and commercial use of that structure would not be permitted. Cookeville Planning Commission 7 November 20th, 2023 Parking for the development is being provided at a rate of 0.85 parking spaces per bedroom and parking is exclusively within City street right-of-way of Boatman Street and Darwin Street. The development does propose to reduce the bedroom count. The declaration includes a statement from an attorney that the proposed development does meet the requirements of the Horizontal Property Act (TCA 66-27-101 et seq Recommendation: Approval subject to coordinating striping of on-street parking and coordinating solid waste management with the Public Works Department, subject to providing easement for the drainage along the northern boundary of the development that is set to expire in 2026. Councilman Bagci asked if the development will have a HOA. Mr. Ward responded yes. Councilman Bagci stated that the chances are once it becomes private individually owned units, the parking becomes a problem. He asked if the HOA would remedy that by building parking or creating driveways. Mr. Ward responded that the northern portion is flatter, so driveways can easily be created for those lots. He stated that the opportunity is there to make improvements and wants in the record that parking could be an issue as the project progresses. Mrs. Starkweather asked if there is room for a parking lot on the property. Mr. Ward stated that he has discussed that with the developers, but the topography is difficult. He stated that there is an opportunity to add driveways all along Darwin but doesn’t feel like there is a lot of overflow parking opportunities. Jim Stafne 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 action the preliminary plat of Western Hills Subdivision, 32 lots located on Holder Avenue, Western Hills Drive, Timwood Street, & Gaw Street (Tax Map 054-D, Group A, Parcel 035.00). Request submitted by James William Smith. Bob Faulhaber made the motion to accept the above item for study. Jim Stafne seconded the motion, and the motion was carried unanimously. Approved. Staff Reports: (1) Minor Plats x Highland Business Park Revision II Resubdivision of Lot 1 Combination Plat, one (1) lot located at Stewart Cemetery Road – City of Cookeville & Putnam County x Highlands Business Park Revision II Re-division of Tract 4, two (2) lots located on Highlands Park Blvd – City of Cookeville & Putnam County (2) Welcomed new member of planning staff. Cookeville Planning Commission 8 November 20th, 2023 Adjournment: 6:14 P.M. Submitted for Approval Submitted for Recording ____________________________ _________________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission  Action Item 3 Consider for action the preliminary plat of Western Hills Subdivision, 32 lots located on Holder Avenue, Western Hills Drive, Timwood Street, & Gaw Street (Tax Map 054-D, Group A, Parcel 035.00). Request submitted by James William Smith. 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Request submitted by Burton Nelson.  Action Item 5 Consider for action the final plat of Westfield Court, six (6) lots located at 461 West Stevens Street (Tax Map 053-I, Group A, Parcel 019.00). Request submitted by Andy Milton on behalf of 0LFKDHO Cunningham.  Action Item 6 Consider for action the final plat of Kacie Avenue Division, six (6) lots located at 621 West Stevens Street (Tax Map 053-I, Group A, Parcel 012.00). Request submitted by Andy Milton on behalf of Bobby & Joy Cunningham.  Staff Reports (1) Minor Plats x Manning Place Lots 6 & 7 Combination Plat, one (1) lot located at 813 Manning Place (Tax Map 040M, Group B, Parcel 006.06 & 006.07) – Matt Davidson / Ironstone Capital, LLC