Planning Commission

Cookeville Planning Commission Minutes October 28th, 2024 The Cookeville Planning Commission met on Monday, October 28th, 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, Lauren Metts, & Jim Woodford. Members Absent: Judy Jennings, Mallie Rogers & Kay Starkweather Staff Members Present: Christopher Phillips, Haley Stevenson, Jon Ward & Ken Young. Staff Members Absent: James Mills & Matt Billings. Others Present: Nathaniel Wolffe, Ken Matheney, Terry Scott, Rick Woods, Charles Whittenburg, Donnie Suits. Establishment of Quorum: Chairman Woodford announced that a quorum was present for the meeting. Consider for Approval the Agenda as Submitted. Councilman Bagci 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 23rd, 2024. Councilman Bagci made the motion to approve the minutes of September 23rd, 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 the preliminary plat of Brook View Phase I, four (4) lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. b) Consider for action the six (6) month extension of the preliminary plat of Brook View Phase II, 16 lots located on Cora Road (Tax Map 039, Parcel 063.01). Request submitted by Harold Brown. Recommendation: Approval of the Consent Agenda. Jason Fowler made the motion to approve the request recommended by staff. Councilman Bagci seconded the motion, and the motion was carried unanimously. Approved. Consider for approval the Cane Creek Park Expansion Plan for the Local Parks and Recreation Funds Grant. Request submitted by Cookeville Leisure Services Director Rick Woods. Mr. Woods presented information regarding the grant. Bob Faulhaber made the motion to approve the request recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Cookeville Planning Commission 2 October 28th, 2024 Consider for action the preliminary plat of Big Oak Tree Commons, 101 lots located on South Jefferson Avenue & Old Sparta Road (Tax Map 096, Parcel 057.01). Request submitted by Burnett Properties, LLC. This item was postponed at the August 26th and September 23rd Planning Commission meeting. The developer has requested this item be postponed until the November 25th Planning Commission meeting. Councilman Bagci made the motion to postpone the request until the November Planning Commission meeting. Jim Cobb seconded the motion, and the motion was carried unanimously. Postponed. Consider for action the preliminary plat of Grand Cascades, 24 lots located on South Maple Avenue (Tax Map 066, Parcel 104.00). Request submitted by Capital Communities, LLC. Mr. Jon Ward stated that Mr. Donnie Suits, on behalf of Capital Communities, LLC., has submitted for approval the preliminary plat of Grand Cascades, a 24-lot single-family detached development located on South Maple Avenue. Analysis: The subject property is identified as Parcel 104.00 on Tax Map 066 and contains approximately 21.82 acres. The property is zoned RS-7.5, “Single-Family Residential.” The property is bordered by RS-10, “Single-Family Residential” to the north, east, and south. The property is bordered by RS-15, “Single-Family Residential” to the west. The plat depicts 24 lots, but the plat notes that lots 14 and 19 are not considered buildable lots. The lots are accessed from the new streets proposed as Grand Cascade Lane and Cascade Falls. The development terminates at two (2) proposed cul-de-sacs. Lot 14 is proposed as a common area and Lot 19 is proposed as a stormwater retention area. The Cookeville Subdivision regulations note that cul-de-sacs cannot exceed 1,200 feet in length or serve more than 20 lots, whichever is less, unless a variance is granted by the Planning Commission. The proposed cul-de-sac is approximately 1,231 feet from the entrance to the development to the cul-de-sac terminus. Public Works has provided a comment that an engineer’s note stating that the development has adequate sight distance is required. A plat review meeting was held on October 15, 2023. All relevant city departments were present and provided comments for conditional approval. Recommendation: Conditional approval of the preliminary plat subject to the following: • Engineer’s note stating the development has adequate sight distance. • Sidewalks to be installed, pay in lieu of, request a waiver. • Submit NOI and SWPPP to Public Works prior to start of work. • Provide heavy duty pavement and proper turns for city trash truck, per Public Works. • Provide updated CAP Form and fee to Water Quality Control. • 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. Jason Fowler seconded the motion, and the motion was carried unanimously. Approved. Cookeville Planning Commission 3 October 28th, 2024 Consider for action the final plat of the Redivision of Lot 1 of the Revision of Lots 2 of the West Jackson Market Place Subdivision & Lot 5 of Holmes Farms, three (3) lots located on West Jackson Street (Tax Map 053-L, Parcel 020.05). Request submitted by Clint Head of Young Hobbs & Associates. This item was postponed at the September 23rd Planning Commission meeting. Mr. Jon Ward stated that Mr. Clint Head, on behalf of Young, Hobbs, & Associates, has submitted for approval the final plat of the Redivision of Lot 1 of the Revision of Lots 2 of the West Jackson Market Place Subdivision and Lot 5 of Holmes Farms, a three (3) lot subdivision located on West Jackson Street. This plat was postponed at the September 23, 2024, Planning Commission Meeting. Analysis: The subject property is identified as Parcel 020.05 on Tax Map 053-L and contains approximately 6.09 acres. The property is zoned CR, “Regional Commercial” as are the adjacent properties to the east, north, and west. The property is bordered by RS-10, “Single-Family Residential” to the south. The plat depicts three (3) lots with frontage along West Jackson Street. The CR District requires 25-foot lot widths at the right-of-way. All three (3) lots have the required frontage. The Cookeville Energy Department has requested easements along the lot fronts and along the existing power lines that cross overhead. The existing edge of pavement should be shown on the plat. A plat review meeting was held on September 10, 2024. All relevant city departments were present and provided comments for conditional approval. Recommendation: Conditional 90-day approval of the final plat subject to the following: • Provide easements as requested by the Cookeville Energy Department. • Submit CAP Form and Fee to Water Quality Control. • Existing edge of pavement to be shown on plat. • Completion of corrections and/or additions to the plat as determined necessary by Planning and/or other appropriate city departments. Councilman Bagci made the motion to approve the request recommended by staff. Lauren Metts seconded the motion, and the motion was carried unanimously. Approved. Consider for action the final plat of Greystone – Redivision of Lots 14 & 15, three (3) lots located on Greystone Way (Tax Map 052-A, Group D, Parcels 014.00 & 015.00). Request submitted by Justin Cumby. Mr. Jon Ward stated that Mr. Justin Cumby has submitted for approval the final plat of the Greystone - Redivision of Lots 14 & 15, a three (3) lot lot-line adjustment located on Greystone Way. Analysis: The subject property is identified as Parcels 014.00 & 015.00 on Tax Map 052-A, Group D and contains approximately 1.79 acres. The property is zoned RS-10, “Single-Family Residential” as are the adjacent properties to the north, and east. The property is bordered by RS- 20, “Single-Family Residential” to the west and RS-15, “Single-Family Residential” to the south. The final plat depicts the redivision of lots 14 and 15 of the Greystone Subdivision and creates three (3) new lots: 14A, 14B, and 15. The proposed new lots meet all setback and lot-width requirements of the RS-10 District. The Cookeville Energy Department notes that the proposed Lot 14A does not currently have access to electric service. The existing junction box would need to be relocated, and new conduit would be required to provide access to the proposed lot. Cookeville Planning Commission 4 October 28th, 2024 A plat review meeting was held on October 15, 2024. All relevant city departments were present and provided comments for conditional approval. Recommendation: Conditional 90-day approval of the final plat subject to the following: • Coordinate relocation of existing electric service and installation of new conduit with the Cookeville Energy Department. • Coordinate extension of gas service with the Cookeville Energy Department. • Submit capacity fee to the Water Quality Control Department. • Coordinate trash service with the Public Works Department. • 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. Councilman Bagci seconded the motion, and the motion was carried unanimously. Approved. Consider for action the final plat of Ansley Park Phase I, 15 lots located on Ruby Lane (Tax Map 055-M, Group B, Parcel 021.00 and 021.01). Request submitted by Capital Communities. Mr. Jon Ward stated that Mr. Donnie Suits, on behalf of Capital Communities, LLC., has submitted for approval the final plat of Ansley Park Phase I, a 15-lot single-family attached development located on Ruby Lane. The development received preliminary plat approval at the October 24th, 2022, Planning Commission meeting. Analysis: The subject property is identified as Parcels 021.00 and 021.01 on Tax Map 053-M, Group B and contains 2.20 acres. The subject 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, south, and west. The plat depicts 15 lots with access provided from Ruby Lane by the new private street proposed as Ansley Park Drive. The plat depicts 15 single-family attached town homes. Lot 16 includes the remaining common area and area for 9 additional townhomes to be completed in a future phase. Stormwater management for the project is provided by a shared detention pond to the north on the adjacent parcel. A stormwater easement is required. Also, improvements to Ruby Lane were required as a condition of preliminary approval. A plat review meeting was held on October 15th, 2024. All relevant city departments were present and provided comments for conditional approval. Recommendation: Conditional 90-day approval of the final plat subject to the following: • Street improvements to Ruby Lane must be completed and depicted on the plat • Submit fee for street signs to Public Works. • Stormwater Maintenance Agreement to be submitted to Public Works. • Completion of corrections and/or additions to the plat as determined necessary by Planning and/or other appropriate city departments. Bob Faulhaber made the motion to approve the request recommended by staff. Lauren Metts seconded the motion, and the motion was carried unanimously. Approved. Cookeville Planning Commission 5 October 28th, 2024 Consider for action a variance to the right-of-way dedication for the final plat of Isabella Subdivision, three (3) lots located on Davidson Avenue (Tax Map 039-M, Group B, Parcels 010.00, 011.00 & 011.01). Request submitted by John Vance Gentry, Jr. Mr. Jon Ward stated that Mr. John Vance Gentry Jr. has submitted for approval a variance to the right-of-way dedication for the final plat of the Isabella Subdivision, a three (3) lot single-family detached development located on Davidson Road. The plat has been submitted to the Planning Commission to consider the right-of-way dedication along Davidson Avenue. Analysis: The subject property is identified as Parcels 010.00, 011.00, and 011.01 on Tax Map 039-M, Group B and contains approximately 3.78 acres. The property is zoned RS-10, “Single- Family Residential” as are all adjacent properties. The plat depicts lot-line adjustments to the existing three lots. The plat does not create any new lots. No nonconformities are created by the lot-line adjustments. A plat review meeting was held on October 15th, 2024. All relevant city departments were present and provided comments on the submitted plat. All submitted comments were addressed on the submitted revised plat. Davidson Avenue is considered a local street. The Cookeville Subdivision Regulations note that local streets require 45 to 50 feet right-of-way widths. Right-of-way widths of 45 feet are permitted when curb and gutter and storm sewer are installed on both sides of the street. Davidson Avenue requires a right-of-way width of 50 feet. Section E. Additional Right-of-Way on Existing Streets notes, “Plats for subdivisions that abut existing streets shall show the dedication of additional right- of-way to meet the minimum right-of-way width requirements.” The submitted plat shows the existing right-of-way at 21.6 feet. An additional 3.4 feet of right-of- way would be required to meet the minimum width requirement of Davidson Avenue. Section E.4. notes, “When it can be established and demonstrated by the developer that the mandatory dedication required herein will create an unreasonable hardship, the Planning Commission may waive or vary the requirements for the dedication of additional right-of-way.” The submitted minor plat was not approved administratively due to the right-of-way requirement. Planning Staff has submitted the plat for Planning Commission consideration of waiving the required right-of-way dedication as the plat does not create any new lots or nonconformities. Davidson Avenue is not listed in the 2017 Major Street Plan or the 2019 Pedestrian and Bicycle Circulation Plan. Recommendation: Approval of the waiver of the right-of-way dedication of 3.6 feet for the submitted lot-line adjustment plat. Councilman Bagci made the motion to approve the request recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Consider for action a variance to the right-of-way dedication for the final plat of Scott & Scott Division, one (1) lot located at 219 Ridgedale Drive (Tax Map 054, Parcel 014.00). Request submitted by Terry & Deidre Scott and James & Elizabeth Scott. Mr. Jon Ward stated that Mr. Terry and Mrs. Deidre Scott have submitted for approval a variance to the right-of- way dedication for the final plat of the Scott & Scott Division, a one (1) lot single-family detached development located on Ridgedale Drive. The plat has been submitted to the Planning Commission to consider the right-of-way dedication along Ridgedale Drive. Cookeville Planning Commission 6 October 28th, 2024 Analysis: The subject property is identified as Parcel 014.00 on Tax Map 054 and contains approximately 0.68 acres. The property is zoned RS-20, “Single-Family Residential” as are the adjacent properties to the north, east, south, and west. The property is also bordered by CI, “Commercial-Industrial Mixed-Use” to the north. The current property consists of approximately 23.52 acres. The final plat was submitted to subdivide the existing single-family dwelling unit onto the proposed 0.68-acre tract leaving approximately 22.84 acres. This remaining area is over 5 acres, has sufficient road frontage and requires no infrastructure improvements, therefore it is not required to be platted. A plat review meeting was held on October 15th, 2024. All relevant city departments were present and provided comments on the submitted plat. All submitted comments were addressed on the submitted revised plat. Ridgedale Drive is considered a local street. The Cookeville Subdivision Regulations note that local streets require 45 to 50 feet right-of-way widths. Right-of-way widths of 45 feet are permitted when curb and gutter and storm sewer are installed on both sides of the street. Ridgedale Drive requires a right-of-way width of 50 feet. Section E. Additional Right-of-Way on Existing Streets notes, “Plats for subdivisions that abut existing streets shall show the dedication of additional right- of-way to meet the minimum right-of-way width requirements.” The submitted plat shows the existing right-of-way at 20 feet. An additional five (5) feet of right- of-way would be required to meet the minimum width requirement for Ridgedale Drive as a local street. Section E.4. notes, “When it can be established and demonstrated by the developer that the mandatory dedication required herein will create an unreasonable hardship, the Planning Commission may waive or vary the requirements for the dedication of additional right-of-way.” The submitted minor plat was not approved administratively due to the right-of-way requirement. Planning Staff have submitted the plat for Planning Commission consideration on waiving the required right-of-way dedication as the plat only creates one (1) new lot with an existing single- family dwelling and does not create any nonconformities. Ridgedale Drive is not listed in the 2017 Major Street Plan or the 2019 Pedestrian and Bicycle Circulation Plan. Recommendation: Approval of the waiver of the right-of-way dedication of five (5) feet for the submitted final plat. Councilman Bagci made the motion to approve the request recommended by staff. Jason Fowler seconded the motion, and the motion was carried unanimously. Approved. Consider for action the rezoning of property located at 3429 Lee Seminary Road (Tax Map 064, Parcel 071.00) from RS-20 (Single-Family Residential) to CI (Commercial-Industrial Mixed-Use). Request submitted by Staff. Mr. Jon Ward stated that Planning Staff have submitted a request to rezone from RS-20, “Single-Family Residential” to CI, “Commercial-Industrial Mixed-Use” property located at 3429 Lee Seminary Road. Analysis: The subject property is identified as Parcel 071.00 on Tax Map 064 and contains approximately 16.72 acres. The rezoning request, including rights-of-way contains approximately 16.98 acres. The property is currently zoned RS-20, “Single-Family Residential.” The property is bordered by RS-20 to the south and by CI, “Commercial-Industrial Mixed-Use” to the east, north, and west. The reason provided for the rezoning request is to provide continuity within the Highlands Business Park. Cookeville Planning Commission 7 October 28th, 2024 The RS-20 District is intended to provide a low-density single-family residential environment in areas where public wastewater services are or are not available. The CI District is intended to accommodate a mixture of compatible commercial and light industrial developments. The district shall generally be located where permitted developments have direct access to streets of at least Major Collector Status. The Future Land Use Plan designates the property as best suited for Mixed-Use Commercial/Industrial uses. The CI District complies with this designation. The subject property was acquired by the City of Cookeville and Putnam County in August 2022 to add to existing property in the Highlands Business Park. Rezoning to CI would be consistent with the zoning designation of the business park. Recommendation: Approval of the rezoning request. Councilman Bagci made the motion to approve the request recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Hold a Public Hearing and consider for action amendments to the Subdivision Regulations relative to Right-of-Way Dedications, Warranty of Improvements Fees, Sidewalk Requirements and Minor and Two-Lot Plats. Request submitted by Staff. Mr. Jon Ward stated that Planning Staff have prepared amendments to the Subdivision Regulations relative to right-of- way dedications, Warranty of Improvements fees, sidewalk requirements, and Minor and Two-Lot Plats. Analysis: The following amendments have been prepared by Planning Staff for Planning Commission consideration: Amendment 1: The Planning Division has prepared an amendment to the Subdivision Regulations relative to right-of-way dedication within the City of Cookeville. Right-of-way dedication may be a condition for development. Right-of-way dedication allows the city to prepare for future transportation improvements including street widening and utility upgrade projects. Right-of-way dedication was established by two (2) landmark U.S. Supreme Court decisions – Nollan vs. California Coastal Commission (1987) and Dolan vs. City of Tigard (1994). Nollan established an “essential nexus” connecting the right-of-way dedication request to a valid purpose for the request. Dolan went further and stated that a “rough proportionality” was also required when asking for right-of-way dedication. The Tennessee State Legislature passed HB2274/SB2849, and Public Chapter 1128 became effective on July 1, 2022, after receiving the Governor’s approval. PC1128 as enacted prohibits regional and municipal planning commissions, in exercising their platting power, from requiring an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property, codifying the Nollan/Dolan test established by the U.S. Supreme Court into state law. In instances where right-of-way dedication is included on a submitted subdivision plat, the City of Cookeville holds the developer or property owner harmless to provisions of the Zoning Code such as setback requirements and lot square footage requirements. Cookeville Planning Commission 8 October 28th, 2024 They city’s current standards for right-of-way dedication are defined within the Cookeville Subdivision Regulations as follows: E. Additional Right-of-Way on Existing Streets Plats for subdivision that abut existing streets shall show the dedication of additional right-of- way to meet the minimum right-of-way width requirements. 1. The entire right-of-way shall be provided where any part of the subdivision is on both sides of the existing street. 2. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the center line of the existing street, shall be provided. 3. The dedication of additional right-of-way shall not be required on streets or routes maintained by the State of Tennessee. 4. When it can be established and demonstrated by the developer that the mandatory dedication required herein will create an unreasonable hardship, the Planning Commission may waive or vary the requirements for the dedication of additional right-of-way. In general, these requirements shall not be considered to create a hardship unless imposition of the full requirement will create a non-conforming lot or structure as defined by the Zoning Code. The Planning Division has proposed an amendment to the Cookeville Subdivision Regulations codifying the Nollan/Dolan two (2) prong test for right-of-way dedication. The amendment adds the following statement to Article V – Streets – Design Standards and Specifications, E. Additional Right-of-Way on Existing Streets: 5. In instances where minimum right-of-way dedication is waived or varied, the Planning Commission may require a right-of-way easement. The right-of-way easement shall be interpreted to include construction, drainage and slope easements necessary for public infrastructure improvements. In instances where a right-of-way easement is established, all minimum yard requirements shall be measured from the easement boundary. 6. An essential nexus for right-of-way dedication is established through the Major Street Plan or additional future development plans, the Classification of Thoroughfares, and the minimum right-of-way standards established by the subdivision regulations. Subdividing property increases density and requires infrastructure improvements to accommodate the increase in density. The minimum right-of-way widths defined in these subdivision regulations are expected to provide a rough proportionality to right-of-way dedication based on the classification of the street. Subdivision plats that do not increase density or development intensity do not meet the rough proportionality test and minor plats may be subject to administrative approval without right-of-way dedication. Mr. Charles Whittenburg, representing the Tennessee Association of Professional Surveyors, spoke to the Planning Commission members regarding his stance on the proposed Subdivision Regulation amendment, stating that he believes the rights of property owners are affected by this change and wants the government to pay for the property that they take for right-of-way. Mr. Bob Faulhaber and Mr. Whittenburg had a discussion regarding the difference between the State taking right-of-way for a project versus the City taking right-of-way when a developer is submitting a development project. Mr. Faulhaber stated that the Planning Commission is not Cookeville Planning Commission 9 October 28th, 2024 suggesting they take land to improve a project but that the current landowner is improving and developing their land. Mr. Whittenburg suggested that any amendment dealing with existing right-of-way in Putnam County be stricken and that the government needs to properly compensate owners for right-of-way dedication. Bob Faulhaber made the motion to approve Amendment 1 as recommended by staff. Councilman Bagci seconded the motion, and the motion was carried unanimously. Approved. Amendment 2: The Planning Division has also prepared an amendment to the Subdivision Regulations relative to the Warranty of Improvements fees. The city currently requires, “the amount of the warranty shall be not less than 25% of the cost of the improvements installed under these regulations nor more than $10,000.” Recent examples of failing streets and infrastructure have proven that $10,000 is not an acceptable amount to cover improvements within new developments. The Planning Division has proposed an amendment to Article II – Procedure for Plat Approval, J. Warranty of Improvements as follows: J. Warranty of Improvements 1. In addition to the Financial Guarantee in Lieu of Improvements, as well as in the case of the completion of required improvements, the developer shall warranty improvements made under the provisions of these regulations for a period of two (2) years from the date of acceptance by the City of Cookeville. 2. The Warranty of Improvements shall consist of a letter of credit, certified check, or other method of financial guarantee as approved by the Planning Commission. 3. The amount of the warranty shall be not less than twenty-five percent (25%) of the costs of the improvements installed under these regulations nor more than $100,000 as evaluated an established by applicable City Departments. 4. The Warranty of Improvements shall be submitted to the City of Cookeville prior to the submittal of the subdivision plat for final approval. Councilman Bagci made the motion to approve Amendment 2 as recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Amendment 3: In October 2021, the Planning Commission approved an amendment to the Subdivision Regulations relating to sidewalk requirements. The amendment required sidewalks to be installed in residential subdivisions along existing streets with access to public sewer when the new development was located within 1,000 linear feet of an existing sidewalk. Residential development consisting of two (2) lots or less were exempt from the new requirements. The Planning Division has proposed an amendment to clarify residential developments requiring sidewalk installation. High-density developments, including townhomes, cluster developments, and RS-5, “Single-Family Residential” development can significantly increase density and the need for pedestrian infrastructure within the city. High-density developments should be required to install sidewalks along existing streets, regardless of proximity to existing sidewalks. The proposed amendment to Article VI – Streets – Construction Procedures and Specifications, J. Sidewalks reads as follows: Cookeville Planning Commission 10 October 28th, 2024 J. Sidewalks For the safety of pedestrians and to provide a means of non-vehicular movement, the installation of sidewalks shall be required in all subdivision developments located within the corporate limits of the City of Cookeville involving new street construction and with access to the public sanitary sewer system. Residential subdivisions along existing streets with access to public sewer shall require the installation of sidewalks along the development side of a public street when located within 1,000 feet of an existing sidewalk. Single-family detached developments on lots less than 10,000 square feet shall require the installation of sidewalks regardless of proximity to existing sidewalks. Sidewalk construction for single-family attached developments (townhomes), single-family detached cluster developments, and condominiums developments shall be required per the Cookeville Zoning Code. The Planning Commission may approve an optional fee in lieu of sidewalk construction in accordance with Section 209 Sidewalk Requirements, Section 209.4, Optional Fee in Lieu of Construction, of the Zoning Code. The Planning Commission may waive the requirement to install sidewalks for residential subdivisions along existing streets in accordance with Section 209 Sidewalk Requirements, Section 209.6, Procedure for Waiver of Installation Requirements, Section 209.6A.1-209.6A.3. of the Zoning Code. Residential subdivisions on existing streets with access to public sewer consisting of two (2) lots are less are exempt from sidewalk installation. Submission of multiple subdivision plats under the same ownership of two (2) lots or less will be viewed as an attempt to circumvent the sidewalk requirement, and sidewalk installation will be required for previously exempted lots and proposed lots in a minor subdivision. Jim Cobb made the motion to approve Amendment 3 as recommended by staff. Councilman Bagci seconded the motion, and the motion was carried unanimously. Approved. Amendment 4: An amendment to the Subdivision Regulations is also being proposed to address Planning Staff’s ability to approve minor plat administratively. Article II – Procedure for Plat Approval, M. Two-Lot Subdivisions currently states, As provided by Section 13-4-302 of the Tennessee Code Annotated, subdivision plats containing no more than two (2) lots may be approved, without submission to the Planning Commission, by the Director of Planning provided all the following conditions are met: 1. The subdivision plat shall be in final plat format. 2. Each lot must front an existing public street, have an adequate supply of public water, and have sanitary sewer available without the extension of existing collector lines or be approved by the Tennessee Department of Environment and Conservation for an individual sewage disposal system. 3. All plats for two (2) lot subdivisions requiring variances shall be submitted to the Planning Commission for approval. 4. All plats for two (2) lot subdivisions requiring the submission of drainage plans shall be submitted to the Planning Commission for approval. At the July 25, 2022, Planning Commission meeting, Planning Staff proposed amendments to the Planning Commission By-Laws to reflect Public Chapter 994, which amended TCA 13-4-302 to allow the Director of Planning to approve no more than 25 lots if the development received Cookeville Planning Commission 11 October 28th, 2024 preliminary plan approval through the municipal planning commission, or five (5) lots if the development did not require preliminary plan approval through the municipal planning commission. Planning Staff has proposed an amendment to update the Cookeville Subdivision Regulations to reflect both the Planning Commission By-laws and the Tennessee Code Annotated as follows: M. Minor Plats Up to Five Lots As provided by Section 13-4-302 of the Tennessee Code Annotated, subdivision plats containing no more than five (5) lots may be approved, without submission to the Planning Commission, by the Director of Community Development or his designee provided all the following conditions are met: 1. The subdivision plat shall be in final plat format. 2. Each lot must front an existing street, have an adequate supply of public water, and have sanitary sewer available without the extension of existing collector lines or be approved by the Tennessee Department of Environment and Conservation for an individual sewage disposal system. 3. All plats up to five (5) lot subdivisions requiring variances shall be submitted to the Planning Commission for approval. 4. All plats up to five (5) lot subdivisions requiring the submission of drainage plans shall be submitted to the Planning Commission for approval. Recommendation: Approval of the Subdivision Regulations amendments. Councilman Bagci made the motion to approve Amendment 4 as recommended by staff. Jim Cobb seconded the motion, and the motion was carried unanimously. Approved. Study Items: (1) Consider for study an amendment to the Zoning Code relative to Retail Package Stores for the Sale of Alcohol location requirements. Request submitted by Chintan Patel. Jim Cobb made the motion to accept the above items for study. Councilman Bagci seconded the motion, and the motion was carried unanimously. Approved. Staff Reports: (1) Minor Plats • Victory Hill Place Lot Line Revision (Lots 1 & 10), two (2) lots located on Longstreet Drive & Ewell Drive (Tax Map 083-N, Group A, Parcel 007.00 & 010.00) – Collin & Teri Fitzgerald • Hill, Donnita Stout Lot Line Revision, two (2) lots located on East 10th Street & Brown Avenue (Tax Map 040-L, Group B, Parcels 007.00 & 008.00) – Donnita Stout Hill • Fortis Institute Division Phase II, two (2) lots located at Salem Church Road & Highway 111 (Tax Map 066, Parcel 036.02) – Demontbrun Park Holdings (JD Parks) • South Maple Farmstead 1 Lot Division, one (1) lot located at 1331 South Maple Avenue (Tax Map 066, Parcel 104.00) – Capital Communities / North Point Properties LLC Cookeville Planning Commission 12 October 28th, 2024 • Lilydale Property at JP Terry Farms Lots 1 & 2 Revision, two (2) lots located on Wyleswood Drive (Tax Map 053-E, Group A, Parcels 012.37 & 012.40) – Katherine Filipek Suits • Lilydale Property at JP Farms Lot 2 Revision, two (2) lots located at Hillsdale Drive & Wyleswood Drive (Tax Map 053-E, Group A, Parcels 012.36 & 012.40) – Katherine Suits • Stephenson Family Division, two (2) lots located at 1805 & 1807 North Whitney Avenue (Tax Map 040-G, Group C, Parcels 025.00 & 025.01) – Tayes Realty for owner Tim Stephenson • Pine Valley Properties, LLC Division, two (2) lots located on Wade Lane & Lone Oak Drive (Tax Map 053-P, Group B, Parcel 006.01) – Pine Valley Properties, LLC (Jack Lynn) • Chestnut Hill Phase II Lots 7-9 Combination, one (1) lot located on Hillary Court (Tax Map 083-G, Group F, Parcels 007.00, 008.00 & 009.00) – Brant Wheeler & Brian Thurman Adjournment: 6:43 P.M. Submitted for Approval Submitted for Recording ____________________________ ____________________________ Haley Stevenson Jim Woodford, Chairman Planning Assistant Cookeville Planning Commission