Sidewalk requirements for a new Robin Lane subdivision deferred until the building permit phase to assist a local resident with estate planning.
Cookeville Community Development Director Jon Ward said the Arthur Dale Gunter subdivision consists of approximately 4.31 acres and is being divided into five lots. Ward said the new plat would meet all minimum requirements for the RS-15 zoning district.
“Our submitted plat depicts five total lots,” Ward said. “The existing parcel now contains two residential dwelling units. The submitted plat eliminates the non-conformity of having two residential units on one parcel.”
Ward said the subdivision regulations typically require the dedication of additional right-of-way and the installation of sidewalks when property is subdivided. Ward said that while Breading Avenue already has existing sidewalks.
“Approximately 889 feet of new sidewalks are required along Robin Lane,” Ward said. “Public Works notes that the proposed sidewalks along Robin Lane must be depicted on the final plat, or a request to pay an in-lieu of construction fee, or a request for a waiver to the sidewalk requirement can be submitted by the developer.”
Charles Wittenberg of Wittenberg Land Survey said the applicant is seeking to divide the property among his three children as part of his estate planning. Wittenberg said the client is in poor health and facing more than $36,000 in potential sidewalk fees for lots that are not currently intended for sale.
“He’s got three children and he wants to create a lot for each child in his estate,” Wittenberg said. “These are not going to be sold, to my knowledge. They’re going to be in his estate and one child gets lot three, one gets four, one gets five. So this is a unique circumstance and I just want to know what I need to go back to my client with options.”
Ward said the city amended its regulations several years ago to increase pedestrian accessibility, specifically requiring infrastructure even when subdividing along existing streets. Ward said that while the commission has the authority to waive requirements, doing so could set a precedent for future developments.
“I’ve been asking the Planning Commission to approve these conditionally to allow Public Works to make that determination if there is some underlying issue that it would be more appropriate for sidewalks in-lieu of fee to be accepted,” Ward said. “But I think in this instance, these folks are not, you know, in a position to, you know, they’re not… further, Charles, they’re not doing this as marketable lots to be sold. Right? So, I mean, that is, you know, somewhat unique here.”
A compromise was suggested that would allow the plat to be recorded for estate purposes without immediate payment or construction. Ward said the city could restrict the issuance of building permits for the lots until the sidewalk requirements are fulfilled.
“I was suggesting if we tie it to the building permit that we still keep the decision of whether it’s in-lieu of or constructed or based on Public Works, we’re just deferring their decision process to a building permit phase instead of the platting phase,” the commissioner said.
Wittenberg said the total cost for the estate to move forward under standard rules would be approximately $39,000 when including sewer capacity fees. Wittenberg said the client wanted to resolve the estate planning quickly due to his health concerns.
“He wants to get things in his estate planning behind him as quick as possible,” Wittenberg said. “So, um, and I would have had this conversation with John, but I was, I was out of town all last week and when we got the comments and stuff back. So, um, I hadn’t had time to address it with him until tonight.”
The commission approved the plat with the condition that the Public Works determination for sidewalk installation be deferred to the building permit phase. Ward said this ensures the city maintains its authority to require the infrastructure if the lots are ever developed or sold in the future.