Planning Commission

Cookeville Planning Commission Minutes March 25th, 2024 The Cookeville Planning Commission met on Monday, March 25th, 2024, at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Councilman Ali Bagci, Jim Cobb, Bob Faulhaber, Jason Fowler, Judy Jennings, Lauren Metts, Mallie Rogers, Kay Starkweather & Jim Woodford. Members Absent: None. Staff Members Present: Christopher Phillips, Jon Ward, Matt Billings, & Haley Dickson. Staff Members Absent: James Mills & Ken Young. Others Present: Tim Vaughn, Aaron Bernhardt, Marcia Mullins, Gene Mullins, Lynn Mason, Teresa Sanders, Nathaniel Wolfe, J Settles, Jack Gill, Lynda Loftis-Webb, Robert Fuller, Patricia Fuller, AJ Donadio, Connie Bellamy, Kurt Settles. Establishment of Quorum: Chairman Jim Woodford announced that a quorum was present for the meeting. Consider for Approval the Agenda as Submitted. Chairman Woodford stated that he is taking item 9 off the table from last month’s meeting and putting it on the agenda for this month. Jim Cobb made the motion to approve the agenda as submitted. Kay Starkweather seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of February 26th, 2024. Kay Starkweather made the motion to approve the minutes of February 26th, 2024. 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 for action the six (6) month extension of Callie Square, five (5) lots located on South Jefferson Avenue (Tax Map 083-J, Group E, Parcel 012.08). Request submitted by Chad Crouch. b. Consider for action the six (6) month extension of Michael Cunningham South Jefferson Avenue Division (Tax Map 096, Parcel 078.05). Request submitted by Andy Milton. Judy Jennings 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 Highbury Subdivision, Phase I, 36 lots located on Neal Street (Tax Map 066, p/o Parcel 032.09). Request submitted by Chad Gilbert. Mr. Jon Ward stated that Mr. Chad Gilbert, on behalf of Ironclad/Highbury, has submitted for approval the final plat of Highbury Subdivision Phase I, a 36-lot single-family detached development located on Neal Street. A preliminary plat was initially approved in December 2021. Two (2) six (6) month extensions were granted November 2022 and May 2023. The preliminary plat was resubmitted and approved in November 2023. Analysis: The subject property is identified as a portion of Parcel 032.09 on Tax Map 066 and contains approximately 1.39 acres. The property is zoned CG, “General Commercial” as are the Cookeville Planning Commission 2 March 25th, 2024 adjacent properties to the east, south, and west. The property is bordered by CR, “Regional Commercial” to the north. Phase I includes 35 single-family detached units and a portion of the overall common area for the entire development, shown as Lot 140. Public Works notes that the developer intends to handle trash pickup for Phase I until a dumpster pad can be installed for the overall development. A plat review meeting was held on March 12, 2024. All relevant city departments were present and provided comments for conditional approval of the plat. Recommendation: Conditional 90-day approval of the final plat subject to the following:  Water Quality Control requires as-builts to be submitted prior to final plat recording.  HOA standard water and sewer notes required by WQC.  Stormwater Maintenance Agreement should be added to the plat, per Public Works.  Sidewalks and curbing must be completed, per Public Works.  Completion of corrections or additions to the plat as determined necessary by the Planning Division and/or other appropriate city departments.  Recorded HOA to be submitted in a timely manner after final plat is recorded 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 the final plat of Pemberton Subdivision, 27 lots located on England Drive (Tax Map 066 Parcel 036.00). Request submitted by Bernhardt Construction. Mr. Jon Ward stated that Mr. Aaron Bernhardt, on behalf of Bernhardt Construction, has submitted for approval the final plat of Pemberton Subdivision, a 27-lot single-family attached development located on England Drive. A preliminary plat was initially approved in November 2021. Two (2) six (6) month extensions were granted November 2022 and May 2023. The preliminary plat was resubmitted and approved in November 2023. Analysis: The subject property is identified as Parcel 036.00 on Tax Map 066 and contains approximately 4.62 acres. The property is zoned CG, “General Commercial” as is the adjacent property to the north. The property is bordered by CR, “Regional Commercial” to the east and west and by Interstate 40 to the south. A note is shown on the plat stating that sidewalks along England Drive have been waived, per the City Manager. A plat review meeting was held on March 12, 2024. All relevant city departments were present and provided comments for conditional approval of the plat. Recommendation: Conditional 90-day approval of the final plat subject to the following:  Water Quality Control requires as-builts to be submitted prior to final plat recording.  HOA standard water and sewer notes required by WQC.  All public water and sewer lines must be shown on the final plat, per WQC.  Stormwater Maintenance Agreement should be added to the plat, per Public Works.  Roadway subgrade, base stone, asphalt, dumpster pad, and drainage must be completed per Public Works.  Completion of corrections or additions to the plat as determined necessary by the Planning Division and/or other appropriate city departments.  Recorded HOA to be submitted in a timely manner after final plat is recorded Kay Starkweather made the motion to approve the request recommended by staff. Councilman Ali Bagci seconded the motion, and the motion was carried unanimously. Approved. Cookeville Planning Commission 3 March 25th, 2024 Consider for action preliminary plat of Northpointe Preserve, four (4) lots located on West Jere Whitson Road (Tax Map 040-G, Parcel 019.00). Request submitted by Nathaniel Davis Real Estate Holdings. Mr. Jon Ward stated that Davis Nathaniel Real Estate Holdings has submitted for approval the preliminary plat of Northpointe Preserve, a four (4) lot single-family attached development located on West Jere Whitson Road. Analysis: The subject property is identified as Parcel 019.00 on Tax Map 040-G, Group C and contains approximately 0.43 acres. The property is zoned RM-8, “Multi-Family Residential” as are all adjacent properties. The development consists of three (3) single-family attached building lots and installation of utilities. Lot 4 is a common area and is not a building lot. A new currently unnamed private drive will provide ingress/egress from West Jere Whitson Road. A new five (5) foot wide ADA compliant sidewalk is required to be constructed along West Jere Whitson Road. A plat review meeting was held on March 12, 2024. All relevant city departments were present and provided comments for conditional approval of the plat. Recommendation: Conditional approval of the preliminary plat subject to the following:  Add typical street cross-section to the plat.  Engineer shall be added to the title block.  Parking calculation table based on number of bedrooms.  Stormwater Maintenance Agreement should be added to the plat, per Public Works.  Proposed trash cart pad should be depicted on the plat, per Public Works.  Submit NOI and SWPPP to Public Works, prior to start of work.  Private street to be named subject to approval Lauren Metts made the motion to approve the request recommended by staff. Councilman Ali Bagci seconded the motion, and the motion was carried unanimously. Approved. Consider for action the preliminary plat of the Bungalows at Cookeville, 60 lots located on Mine Lick Creek Road (Tax Map 065, Parcel 005.00). Request submitted by Bailey Lane, on behalf of Clarence Whitson. THE DEVELOPER HAS REQUESTED THIS ITEM BE WITHDRAWN. Kay Starkweather made the motion to withdraw the request. Jim Cobb seconded the motion, and the motion was carried unanimously. Withdrawn. Consider for action appointment to the Historic Zoning Commission board. Request submitted by staff. Mr. Jon Ward stated that the term of Mr. Chris Wakefield expires in April. The membership terms for the Historic Zoning Commission require a member of the Planning Commission to serve on the board. Although Mr. Wakefield stepped down as a Planning Commission member, his term was valid until its expiration. Kay Starkweather made the motion to nominate Judy Jennings. Jim Cobb seconded the motion, and the motion was carried unanimously. Judy Jennings Appointed to Historic Zoning Commission. Consider for action an amendment to the Zoning Code relative to methadone clinics in the Medical Services (MS) Zoning District. Request submitted by Paul Trivette on behalf of Cedar Recovery. THIS ITEM WAS TABLED AT THE FEBRUARY 26TH PLANNING COMMISSION MEETING. Mr. Jon Ward stated that the Planning Division has prepared an amendment to the Zoning Code, Section 202 Construction of Language and Definitions and Section 225, MS, Medical Services District, to read as follows: Cookeville Planning Commission 4 March 25th, 2024 Inserting the following: Section 202.2 DEFINITIONS REGIONAL MEDICAL SERVICES: Any non-institutional facility in an office environment of solo or group practice providing outpatient surgical, medical, dental, chiropractic, optical, osteopathic diagnostic, and similar services, for humans, by physicians, dentists, and other health care practitioners that anticipates serving more than 150 patients per day or which dispenses controlled substances for use on-site, or which provides minor surgical procedures that involve the use of any general or regional anesthetic. In addition, this use includes any facility or use for which a Certificate of Need from the State of Tennessee is required for operation. Deleting the following: 225.3D (As amended by Ordinance No. O05-06-08) Methadone or similar treatment facility meeting the following conditions: 1. Shall not be located closer than 1,500 feet, as measured from nearest property line to nearest property line, from any existing property used or zoned for residential purposes. 2. Shall not be located closer than 1,500 feet from any school, childcare facility, public playground, public park, or church or similar place of worship. 3. Shall not be located on a street with classification of less than major collector status. Inserting the following: 225.3D Regional Medical Services meeting the following conditions: 1. If a Certification of Need (CON) is required from the State of Tennessee for the proposed use, the property owner or authorized agent shall obtain the Certificate of Need (CON) to operate the facility as a condition of Board of Zoning Appeals approval. 2. The facility shall be fully licensed with the appropriate federal and/or state agency, if required. 3. The facility shall be located on a street of no less than Major Arterial Classification. 4. All activities shall be conducted within the building and adequate indoor waiting areas shall be provided. No outdoor waiting is permitted. 5. The indoor waiting area shall be open to all patients 30 minutes prior to patients being seen. 6. The facility shall post a conspicuous sign stating that loitering is prohibited on the property. 7. The petitioner shall provide the Board of Zoning Appeals with information regarding the number of staff. 8. The petitioner shall provide the name and phone number of the community relations contact who will respond to concerns and complaints. 9. The facility shall not be located adjacent to a district zoned RS-20, RS-15, RS-10, RS-5, or RD, or any property used for residential purposes unless separated by a public street as shown on the Official Street Map. Councilman Ali Bagci stated that the zoning district RS-7.5 should be added to item 9 in Section 225.3D. Cookeville Planning Commission 5 March 25th, 2024 Mr. Jack Gill, of 1383 Ivy Lane, stated that he spoke out at the last Planning Commission meeting along with several neighbors against the amendment. He stated that there is still collateral consequences that he is concerned about. This is the first time he is seeing the new amendment, so he is sure it hits some new points but he still has three things he wants to say. He stated that the proposed methadone clinic will bring unwanted people into Cookeville and that the petitioner wants a large patient base and Mr. Gill is glad to see a limit on how many patients can be taken in. He went on to say that he is concerned about the proposed hours and the patient load could extend the hours they are open. Mr. Gill has seen some clinics open at 5 in the morning and close at midnight. He said if that is the case for the proposed clinic, the he believes the city government will need to consider the resources they will have to use on this clinic. Mr. Gill stated that he had met with the petitioner and after their talks he assumed they could sue the City. Gene Mullins, of 747 Friar Lane, wanted to remind the Planning Commissioners that there was a number of people in attendance from the Honeybrook Subdivision that are passionately against the use of a methadone clinic near their subdivision. He stated that the clinic uses addictive drugs to get people off of drugs and he is concerns about the crime methadone clinics bring. County Commissioner AJ Donadio wanted clarification that the rezoning request for 1225 South Willow Avenue was denied and has not been appealed to the City Council. Mr. Jon Ward confirmed that is correct. Linda Loftis Webb, Executive Director of Independent Opportunities, stated that they share a building with the petitioner. She stated that a methadone treatment is a flawed system that Cookeville cannot correct. She asked the Commissioners to consider the long-term effects of this decision and she wanted to reiterate that she is pro-opioid treatment. She stated that methadone rarely lowers doses and is difficult to get off of once someone starts taking it. She stated that the risk does not outweigh the benefits and she cannot get behind a methadone clinic in our area. Mr. Ward wanted to point out that there were claims made in the petitioners application that the City is violating certain laws. He stated that the City has consulted with attorneys and that is where the amendments have stemmed from. Mr. Bob Faulhaber pointed out to the citizens in attendance that the Planning Commission is not voting to rezone property and is only voting to amend the Zoning Ordinance. Jim Cobb made the motion to approve the request recommended by staff. Bob Faulhaber seconded the motion, and the motion was carried unanimously. Approved. Study Items: (1) Consider for study the preliminary plat of Franklin Court, five (5) lots located at South Franklin Avenue & Hughes Street (Tax Map 053-I, Group B, Parcel 023.00). Request Submitted by P & N Investments, LLC. (2) Consider for study the preliminary plat of Frontier, 22 lots located at Hughes Street & South Franklin Avenue (Tax Map 053-I, Group A, Portion of Parcel 001.00). Request submitted by Bernhardt Construction. (3) Consider for study the preliminary plat of Andrew & Pamela Bouton Property, two (2) lots located on Crescent Spring Lane (Tax Map 039-M, Group A, Parcel 008.00). Request submitted by Andy Bouton. (4) Consider for study a request to close, abandon and declare as surplus property a portion of undeveloped Park Street. Request submitted by Greg Deweese. Cookeville Planning Commission 6 March 25th, 2024 (5) Consider for study rezoning the property located at 1331 South Maple Avenue (Tax Map 066, Parcel 104.00) from RS-10 (Single-Family Residential) to RS-7.5 (Single-Family Residential). Request submitted by Donnie Suits. (6) Consider for study rezoning the property located at 2025 & 2039 Denton Avenue (Tax Map 040-F, Group D, Parcels 019.00 & 019.01) from RS-10 (Single-Family Residential) to LM (Light Manufacturing). Request submitted by Wood Brothers Properties, LLC. (7) Consider for study rezoning the property located at State Street & Bybee Avenue (Tax Map 053-P, Group A, Parcel 026.00) from RS-10 (Single-Family Residential) to CR (Regional Commercial). Request submitted by Tim Vaughn on behalf of Tier 1. (8) Consider for study rezoning the Dogwood Park Area (Tax Map 053G, Group C, Parcel 004.01) from CL (Local Commercial) to CBD (Central Business District). Request submitted by staff. (9) Consider for study, review and recommendation for annexation, zoning, and Plan of Services for the Putnam County Fairgrounds area (Tax Map 055, Parcel 108.05), one (1) parcel consisting of approximately 129 total acres located on Tennessee Avenue. Request submitted by staff. (10) Consider for study, review and recommendation for annexation, zoning, and Plan of Services for the Nelson North Drive area (Tax Map 039, Parcel 070.00), one parcel consisting of approximately five (5) acres located off Speck Road. Request submitted by staff. Kay Starkweather made the motion to accept the above item for study. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Staff Reports: (1) Minor Plats  Askary, Faranak Fatahi Property, two (2) lots located on Vinson Avenue (Tax Map 039- M, Group D, Parcel 008.00) – Kambiz Askary / Faranak Fatahi  South Willow Industrial Park Phase I Lot 1 Re-Division, two (2) lots located on Foreman Drive (Tax Map 065-E, Group B, Parcel 004.01) – Josh Stites  Lynn, Smith, Newsom, Piela Lot # 2 Re-subdivision, two (2) lots located on East Veterans Drive (Tax Map 066-C, Group A, Parcel 032.00) – Thomas Lynn (Lynn Family & Smith Family Trusts)  South Jamestown Road Division, two (2) lots located at South Jamestown Road, East Broad Street, & Old Kentucky Road (Tax Map 039, Parcel 063.00) – Randy & Katheryn Gaw Adjournment: 6:05 P.M. Submitted for Approval Submitted for Recording ____________________________ ____________________________ Haley Dickson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission