Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 22, 2010 The Cookeville Planning Commission met on Monday, November 22, 2010, 2010 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. MEMBERS ABSENT: Jim Stafne and Dr. Angelo Volpe. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, and Ken Young. STAFF ABSENT: Jayne Barns. OTHERS PRESENT: Anna Ruth Burroughs, Chip Bouton, David Maxwell, Paul Robinson, Charles Whittenburg, Grady Phillips, Leasa McCall, and Dot Lafever. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Chris Wakefield made the motion to approve the agenda as submitted. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 25, 2010. Chris Wakefield made the motion to approve the minutes of October 25, 2010. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL CANCELLING THE DECEMBER PLANNING COMMISSION MEETING. Randy Dalton made the motion to cancel the December Planning Commission meeting. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED BETWEEN BYRNE AND LEE AVENUES THROUGH PARCEL 7.00 ON MAP 40G, GROUP C, AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY THE CITY COUNCIL. James Mills stated that Mr. Ronnie Kelly, Director of the Cookeville Water Quality Control Department, has requested that the City Council initiate the closure and abandonment of an undeveloped alley located between Byrne and Lee Avenues south of Jere Whitson Road. The purpose of the closure and abandonment is to allow the exchange of the alley right-of-way for a utility easement necessary for a sewer construction project near the Burton Estates Subdivision. The City Council approved Mr. Kelly’s request at its October 7, 2010 meeting. The right-of-way of the undeveloped alley is approximately 12 feet in width and is approximately 308 feet in total length. One (1) property, Parcel 7.00 on Tax Map 40G, Group C, owned by Shirley Gaw Family Partnership, is contiguous with both sides of the alley right-of- way proposed for closure and abandonment. Mr. Gaw has submitted documentation indicating he approves of the closure and abandonment. Mr. Gaw’s family also owns the property on which the needed sewer line easement is located. COOKEVILLE PLANNING COMMISSION 2 NOVEMBER 22, 2010 The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. Section 16-403 provides that the council may initiate the closure and abandonment of a street right-of-way. The procedure includes the following:  Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (completed)  Review by Departments (completed)  Review and approval of Planning Commission  Approval of City Council  Section 16-411 provides that the conveyance of other property acceptable to the city may be made in lieu of the required payment The applicable city departments have reviewed the closure and abandonment request. No public utilities are located in the right-of-way. Staff recommended approval of closure and abandonment and conveyance to adjoining property owner in exchange for the property identified by the Water Quality Control Department as necessary for the sewer construction project, subject to compliance with the Municipal Code. Chris Wakefield made the motion to approve the of closure and abandonment and conveyance to adjoining property owner in exchange for the property identified by the Water Quality Control Department as necessary for the sewer construction project, subject to compliance with the Municipal Code. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 600 CORA ROAD FROM MS (MEDICAL SERVICES) TO RD (SINGLE FAMILY AND DUPLEX RESIDENTIAL). REQUEST SUBMITTED BY DAVID MAXWELL OF LAUREL HILL PROPERTIES. STAFF HAS RECOMMENDED 580 CORA ROAD BE INCLUDED IN THE REZONING. James Mills stated that Mr. David Maxwell, of Laurel Hill Properties, LLC, has submitted a request to rezone from MS, Medical Services to RD, Single Family and Duplex Residential their property located at 600 Cora Road and identified as Parcel 63.01 on Tax Map 39. The property proposed for rezoning is contiguous with MS zoning to the south and with unincorporated and unzoned properties on all other sides. A large area on the eastern side of Cora Road is currently zoned as RD. The subject property consists of approximately 6.7 acres and is undeveloped. The petitioner indicates in the rezoning application that the purpose of the request is to allow for the residential development of the property. The Future Land Use Plan from the Cookeville 2030 Plan identifies the property as being best suited for lower density residential development. The subject property, including an additional 2.1 acres contiguous to the south, was zoned as MS when annexed in 2002. The MS zoning was approved to allow the construction of an assisted living facility. The assisted living facility was constructed on the 2.1 acre tract identified as Parcel 63.02 on Tax Map 39. The Planning Department recommends that this property be considered for inclusion in the rezoning. Due to the small size of the property it would have the COOKEVILLE PLANNING COMMISSION 3 NOVEMBER 22, 2010 appearance of a spot zone if it remains zoned as MS. The existing use would be classified as legal nonconforming allowing it to remain in perpetuity and expand on the existing parcel. Rezoning it to RD would prohibit it from being converted to another use allowed in the MS District, many of which may not be appropriate in residential areas. The owner of Parcel 63.02, Laurel Creek, Inc., has been notified by the Planning Department about its potential inclusion in the rezoning. Staff recommended approval of rezoning request with the inclusion of Parcel 63.02 on Tax Map 39. Mr. Chip Bouton, 370 Cora Road, spoke against the rezoning citing possible expansion of RD to property immediately south of area under consideration. Mr. Mills pointed out that that property was being considered for Preliminary Plat consideration for single family development consistent with the existing RS 15 zoning as Item 6 on the meeting agenda. Chris Wakefield made the motion to approve rezoning 580 & 600 Cora Road from MS (Medical Services) to RD (Single Family and Duplex Residential). Aaron Bernhardt seconded the motion. Votes: Dr. Roy Loutzenheiser -aye, Judy Jennings - abstain, Chris Wakefield - aye, Aaron Bernhardt - aye, Randy Dalton - aye, David Webb - aye, and Jim Woodford - aye. Motion carried. APPROVED REZONING 580 & 600 CORA ROAD FROM MS TO RD. CONSIDER FOR ACTION PRELIMINARY PLAT OF LAUREL HILL SUBDIVISION, 40 LOTS LOCATED OFF CORA ROAD. REQUEST SUBMITTED BY LAUREL HILL PROPERTIES, LLC. James Mills stated that Mr. David Maxwell, of Laurel Hill Properties, LLC, has submitted for approval a Preliminary Plat of the Laurel Hill Subdivision, a proposed 40 lot subdivision located off Cora Road. The property proposed for development is identified as Parcel 63.00 on Tax Map 39 and consists of approximately 24.2 acres. It is zoned as RS-15, Single Family Residential and is contiguous with RS-15 zoning to the south, MS, Medical Services, to the north, RS-15 and RD, Single and Two-Family Residential to the east, and with unincorporated and unzoned property to the west. The property contains no existing structures. A new looped road is proposed to connect to Cora Road to provide two points of ingress and egress and one interior road is proposed. Eight (8) lots will front Cora Road in addition to two corner lots that also have frontage on Cora. The new streets are to have a fifty (50) feet wide right-of-way and a twenty (20) feet wide surface. A new four (4) feet wide sidewalk is proposed for construction along the front of all the interior lots. A new six (6) inch waterline is proposed for the development which is planned to connect to the existing six (6) inch waterline located in the right-of-way of Cora Road. New hydrants are also proposed for the development. A new eight (8) inch sewer line is proposed that will connect to an existing line that transverses the property from north to south within a twenty (20) feet wide sewer easement as shown on the plat. This easement serves an existing pump station located in the common boundary line of Lots 17 and 18. A 150 feet wide TVA easement also runs north and south along the eastern boundary of the property. An unnamed creek crosses the property from north to south and the plat demarcates a 120 feet wide unbuildable riparian zone which is measured 50 feet from the top of each bank. The loop road proposed for construction will cross this creek twice and the plat depicts this is to COOKEVILLE PLANNING COMMISSION 4 NOVEMBER 22, 2010 be accomplished with culverts subject to the issuance of ARAP permits from TDEC. No portion of the subject property is located in a Special Flood Hazard Area as stated on the plat certificate. No area of the property is indicated as being in a sinkhole retention area according to the Sinkhole Floodplain Report. Staff recommended conditional approval of the preliminary plat subject to the following:  Developer understands and agrees that all right-of-ways must be cleared prior to any installation of utilities  Developer must submit a street construction plan and profile with storm sewer and sidewalk details to the Public Works Department. Plan shall include typical road section, sub grade, base width, asphalt width and 3:1 slopes  Developer must provide utility easements along road frontages on the new streets and along existing streets as requested by the utility departments  Developer must submit water and sewer construction plans to the Water Quality Control Department  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments  Developer must schedule and attend a pre-construction meeting with all the appropriate city departments. Aaron Bernhardt made the motion to grant conditional Preliminary Plat approval of Laurel Hill Subdivision, 40 lots located off Cora Road. Jim Woodford seconded the motion. Votes: Dr. Roy Loutzenheiser - aye, Judy Jennings - abstain, Chris Wakefield - aye, Aaron Bernhardt - aye, Randy Dalton – aye, David Webb - aye, and Jim Woodford - aye. Motion carried. CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM’S COMMUNITY RATING SYSTEM. REQUEST SUBMITTED BY STAFF. James Mills stated that the Community Rating System (CRS) is a voluntary program for communities participating in the National Flood Insurance Program developed to provide incentives in the form of premium discounts for communities that go beyond the minimum floodplain management requirements. The CRS program operates in a similar fashion as fire protection classifications do for home insurance premiums. It is administered by the Insurance Services Office as is the fire protection classification system. There are 10 CRS classifications, with Class 1 requiring the most credit points and offering the greatest premium discount (45 percent). Classifications are based on communities completing certain flood plain management activities which are assigned credit points and then applying for participation in the CRS program. The more credit points obtained the higher the classification that can be achieved. There are 18 activities organized under four (4) main categories: Public Information, Mapping and Regulation, Flood Damage Reduction, and Flood Preparedness. In the State of Tennessee there are 15 communities that participate in the CRS program. The highest classification for any of these communities is Class 8. The most recent flood insurance policy statistics available indicate that as of July 31, 2010 there were 45 policies issued for COOKEVILLE PLANNING COMMISSION 5 NOVEMBER 22, 2010 properties within the City of Cookeville providing approximately $8 million in coverage with annual premiums of $20,706. A cursory review of the CRS activities indicates that it is likely the City of Cookeville can achieve a rating of Class 8 with minimum cost. A Class 8 rating would provide a premium reduction of 10 percent for Cookeville property owners with flood insurance. Staff recommended authorizing Planning Department to proceed with steps necessary to apply for participation in the CRS program. Aaron Bernhardt made the motion to authorize the Planning Department to proceed with steps necessary to apply for participation in the Community Rating System Program. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO ZONING CODE SECTION 230, FL (FLOODPLAIN DISTRICT) TO REFLECT REVISIONS TO THE FLOOD INSURANCE RATE MAP (FIRM) RESULTING FROM A LETTER OF MAP REVISION (LOMR). REQUEST SUBMITTED BY STAFF. James Mills stated that on October 6, 2010, the Federal Emergency Management Agency issued a Letter of Map Revision (LOMR) for the City of Cookeville’s Flood Insurance Rate Map (FIRM). As a result of this revision, amendments to Zoning Code Section 230 FL, Floodplain District, and the Official Zoning Map are required. The LOMR revises FIRM Panel Number 47141C0140D, dated May 16, 2007. It specifically affects Cookeville Creek Tributary 2 from approximately 60 feet downstream of North Washington Avenue to just upstream of East 11th Street. The revision reduces the flood hazard boundary in this area, removing eight (8) parcels and decreasing the boundary on two (2) other parcels. Staff recommended approval of amendments to Zoning Code Section 230 FL, Floodplain District and the Official Zoning Map reflecting the Letter of Map Revision (LOMR). David Webb made the motion to amend the Zoning Code Section 230 FL, Floodplain District and the Official Zoning Map to reflect the Letter of Map Revision (LOMR). Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF RICHLAND MANSFIELD VILLAGE, 20 LOTS LOCATED ON WEST 12TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. James Mills stated that Mr. Aaron Bernhardt has submitted for approval a Preliminary Plat of Richland Mansfield Village, a twenty (20) lot single family attached (townhouse) development located off West 12th Street. The property proposed for development is identified on Tax Map 40I, Group G as Parcels 6.00 and 6.01 and consists of approximately 1.86 acres. The parcel is zoned as RM-8, Multi-family Residential, which allows condominiums and townhouses as uses permitted on review and approval by the Planning Commission with the submission of a subdivision plat and compliance with certain conditions in Section 215.3C. The tract is surrounded by properties that are also zoned as RM-8. COOKEVILLE PLANNING COMMISSION 6 NOVEMBER 22, 2010 The site previously contained a non-conforming mobile home park. On April 26, 2010 the Planning Commission granted Mr. Bernhardt a density bonus of 20 percent to redevelop the site to a conforming use as per Section 201.8K of the Zoning Code. This bonus allowed the developer to increase the number of units permitted on the site from 16 dwelling units to 20. The provisions of Zoning Code Section 215.3C specify that townhouse developments in the RM- 8 district shall comply with the same access and site improvement standards as developments in the PRD district. Section 215.3C also specifies that that the minimum lot requirements may be calculated on the overall land areas, that minimum lot widths can be reduced, that minimum front setbacks off interior streets can be reduced, and that the Architectural Design Requirements of Section 208A of the Zoning Code apply. New utility lines are proposed to connect to the existing eight (8) inch water line and eight (8) inch sewer line located in the right-of-way of West 12th Street. All common areas and new infrastructure improvements, including streets, sidewalks and utility lines, are to be privately owned and maintained as stated a Homeowner Association Agreement (HOA) which is to be submitted to the Planning Department prior to final plat recording. Staff recommended conditional approval of the preliminary plat subject to the following:  Developer must schedule and attend a pre-construction meeting with all the appropriate city departments  Developer must submit a street construction plan and profile with storm sewer and sidewalk details to the Public Works Department. Plan shall include typical road section, sub grade, base width, asphalt width and 3:1 slopes  Developer must submit water and sewer construction plans to the Water Quality Control Department  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Jim Woodford asked for clarification regarding density bonuses. Mr. Mills explained the background of the Planning Commission and Council adding it to zoning code as incentive to redevelop non-conforming areas. Mr. Chip Bouton, 370 Cora Road, asked how many variances had been granted to developer Bernhardt. Mr. Mills replied that this was not a variance, but a bonus that had been granted by the Planning Commission at the April 26, 2010 meeting prior to Mr. Bernhardt’s purchase of the property, and subject to the removal of the non-conforming use, which had since been completed. Chris Wakefield made the motion to grant conditional Preliminary Plat subject to Staff’s recommendation. Judy Jennings seconded the motion. Votes: Dr. Roy Loutzenheiser -aye, Judy Jennings -aye, Chris Wakefield - aye, Aaron Bernhardt - abstain, Randy Dalton - aye, David Webb - aye, and Jim Woodford - aye. Motion carried. CONDITIONAL PRELIMINARY PLAT APPROVAL. COOKEVILLE PLANNING COMMISSION 7 NOVEMBER 22, 2010 CONSIDER FOR ACTION PRELIMINARY PLAT OF COOKEVILLE LIMESTONE ROAD DIVISION LOCATED WEST OF THE INTERSECTION OF SPRING STREET AND DRY VALLEY ROAD. REQUEST SUBMITTED BY LARRY BURGESS. James Mills stated that Mr. Larry Burgess and Mr. Donnie Elkins of Cookeville Limestone have submitted for approval a Preliminary Plat of the Cookeville Limestone Access division, which is located off East Spring Street (Highway 70N) west of the intersection with South Dry Valley Road. The primary purpose of this plat is for the development of a street to access the Cookeville Limestone property identified as Parcel 7.01 on Tax Map 67 from East Spring Street. The right- of-way of the proposed street is 60 feet in width and is primarily located on property owned by Burch McCormick identified as Parcel 15.00 on Tax Map 67. It also requires the acquisition of approximately 0.173 acres of property owned by Danny Dietz identified as Parcel 16.00 on Tax Map 67. The total acreage of the proposed street right-of-way is approximately 3.269 acres. Parcels 15.00 and 16.00 are zoned as CL, Local Commercial. The new street would be approximately 2,200 feet in length initiating on East Spring Street at its intersection with South Dry Valley Road and terminating in a cul-de-sac at the Cookeville Limestone property. A variance is necessary to approve a dead-end street of this length. This appears to be justified since the street is proposed primarily to access the Cookeville Limestone property which is currently only accessed by a dead-end street of an even greater length and since there appear to be no other viable options for providing alternative street access to the Cookeville Limestone property. The street is required to be constructed to minor collector street status, which requires a subgrade width of 32 feet, a base width of 30 feet, and a surface width of 24 feet. A gravel base thickness of 8 inches, asphalt binder thickness of 3 inches and a top coat surface width of 2 inches are also required. Since public sewer is not available sidewalk installation is not required. No water line extension is proposed along the new street. The proposed street location through Parcel 15.00 results in the creation of one (1) tract consisting of approximately 4.135 acres. The remaining portions of Parcels 15.00 and 16.00 are not required to be included on the plat because they are over five (5) acres in size and do not require street or utility construction. As the extension of public water is not proposed the developers have requested that the newly created tract of less than five (5) acres be prohibited from development until such time as public water is extended to it and public sewer is made available or it is approved for septic tank use. Since the proposed street is to connect to a state highway, approval from the Tennessee Department of Transportation (TDOT) is required. Additionally the Public Works Department requires that a traffic study be completed by an engineer to determine what improvements will be necessary at the intersection on Highway 70N, including whether signalization will be required. The developers have expressed a desire to restrict access to the new street from adjoining properties for safety reasons. Article V, Section K of the Subdivision Regulations provides that the Planning Commission may approve private streets or permanent vehicular easements provided they are constructed to the same standards as required for public streets. If the street is approved as a private street, then maintenance and upkeep would be the responsibility of the COOKEVILLE PLANNING COMMISSION 8 NOVEMBER 22, 2010 property owners. The Public Works Department is not opposed to the street being developed as a private street or permanent access easement. Staff recommended approval of variance to allow the maximum street length to exceed 1,200 feet for a dead-end street and conditional approval of the preliminary plat subject to the following:  Completion and submittal of traffic study acceptable to the Public Works Department and TDOT if necessary  Submittal of all construction permits required by TDOT, drainage plan and roadway construction plan and profile to the Public Works Department. Plan shall include typical road section, sub grade, base width, asphalt width and 3:1 slopes  Provision of additional slope easements if determined necessary by the Public Works Department  Provision of utility easements on the site as requested by the utility departments  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments  Developer must schedule and attend a pre-construction meeting with all the appropriate city departments Dot Lafever, 1274 Skyline Drive, stated that when the street was finished, that they would not only have rock and gravel trucks traveling the road, but also the concrete and asphalt trucks after the quarry expands. Anna Ruth Burroughs, 1650 Iris Avenue, stated that they will still have the same environmental issues and the same safety issues. Jim Woodford made the motion to approve a variance to allow the maximum street length to exceed 1,200 feet for a dead-end street and grant conditional approval of the Preliminary Plat of Cookeville Limestone Road Division. Chris Wakefield seconded the motion and COOKEVILLE PLANNING COMMISSION 9 NOVEMBER 22, 2010 the motion carried unanimously. APPROVED VARIANCE AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION AMENDMENT TO THE COOKEVILLE ZONING CODE RELATING TO PACKAGE STORE LOCATIONS. REQUEST SUBMITTED BY STAFF. James Mills stated that on November 2, 2010 a referendum was approved to permit retail package stores to sell alcoholic beverages in the City of Cookeville. The sale of alcoholic beverages from retail package stores is currently not addressed in the Zoning Code. Amendments to the Zoning Code are necessary to determine appropriate zones and establish any conditions. The retail sale of alcoholic beverages is regulated by Title 57, Chapter 3 of the Tennessee Code. In addition the specific operation of such uses in Cookeville will be governed by the provisions of Title 8, Chapter 2 of the Cookeville Municipal Code. As currently drafted the Ordinance amending Title 8, Chapter 2 to establish provisions for retail package stores, the number of total package stores will be limited to four (4). No specific site limitations, such as separation requirements from particular uses, are provided in the Tennessee Code and none are proposed in the Cookeville Municipal Code. Staff recommended approval of amendments to Zoning Code depicting as permitted uses retail package stores for the sale of alcoholic beverages in the CR, CG, CL, PCD and CN zoning districts provided they are located on streets of at least Major Collector Status as identified in the Cookeville 2030 Plan and subject to compliance with the applicable provisions of Title 8 of the Cookeville Municipal Code. Aaron Bernhardt asked for clarification on specific locations. There was discussion regarding allowing package stores in all commercial districts since there would be a limit on the number, with the exception of the CBD District due to parking and traffic concerns. Mr. Mills stated that the commission will be determining which zoning districts and street classifications to allow the package stores in. Mr. Mills added that the details beyond that would be decided by the City Council, which will hold public hearings on the matter. Jim Shipley stated that he had surveyed several cities. The distance requirement from a church or school is anywhere from zero to 500 feet. The Ordinance is written right now as 200 feet from a church or school. He has received a couple of calls about the old Hollywood Video store. There's a church there on Jefferson, and it is approximately 300 feet away. The Ordinance also states that each package store has to be at least 1,000 feet from another store. Chris Wakefield made the motion to approve amendments to Zoning Code depicting as permitted uses retail package stores for the sale of alcoholic beverages in the CR, CG, CL, PCD and CN zoning districts provided they are located on streets of at least Major Collector Status as identified in the Cookeville 2030 Plan and subject to compliance with the applicable provisions of Title 8 of the Cookeville Municipal Code. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS TO THE ZONING CODE. COOKEVILLE PLANNING COMMISSION 10 NOVEMBER 22, 2010 CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY CITY PROPERTY LOCATED OFF FIRESIDE DRIVE IDENTIFIED AS PARCEL 3.01 ON TAX MAP 41O, GROUP C. REQUEST SUBMITTED BY BOBBY & STEVE PHILLIPS. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. James Mills stated Mr. Bobby Phillips, Jr. and Mr. Steve Phillips have submitted a request that city owned property located on Fireside Drive and identified as Parcel 3.01 on Tax Map 41O, Group C be declared as surplus and made available for purchase. Parcel 3.01 was divided from Lot No. 24 of the Bilbrey Park Subdivision and purchased by the city in 1972. It consists of approximately 3,879 square feet. Mr. Ronnie Kelly, Director of the Water Quality Control Department, indicates that the property was acquired by the city for the purpose of locating a sewer pump station. The pump station was never constructed and Mr. Kelly indicates that the property is no longer needed for that purpose. There are sewer lines located on the property for which easements would need to be retained if the property is declared as surplus and sold. The Phillips state that they wish to purchase the property at 899 Fireside Drive identified as Parcel 3.00 on Tax Map 41O, Group C and contiguous with the city owned property. Research indicates that the driveway that serves the residential structure at 899 Fireside Drive is located on Parcel 3.01. The home at 899 Fireside Drive was constructed sometime around 2000. It is unclear how the driveway to the home was constructed on the city’s parcel. Aerial photographs also indicate that the home may have been constructed in violation of the side yard setback requirements adjacent to the city property. The request for surplus declaration has been reviewed by applicable city departments and approved with the aforementioned retention of utility easements. The value of Parcel 3.00 has been established by the City Manager as $2.20 per square foot or $8,535.80. It is recommended that Parcel 3.01 be made available for purchase only by the owners of Parcel 3.00 and that the combination of Parcel 3.01 with 3.00 be a condition for conveyance. This is due to Parcel 3.01 being too small for building development, the encroachment of the existing use on Parcel 3.00, and that Parcel 3.01 was originally a part of Parcel 3.00. Staff recommended approval of surplus declaration with sale to the owners of Parcel 3.00 at a price of $2.20 per square foot, subject to the retention of required utility easements and to the combination of Parcel 3.01 with Parcel 3.00. Randy Dalton made the motion to take this item from Study to Action. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. Aaron Bernhardt made the motion to approve surplus declaration with sale to the owners of Parcel 3.00 at a price of $2.20 per square foot, subject to the retention of required utility easements and to the combination of Parcel 3.01 with Parcel 3.00. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST FOR A SIX (6) MONTH EXTENSION ON THE LETTER OF CREDIT FOR ROAD IMPROVEMENTS FOR THE BLACKWELL ROAD COOKEVILLE PLANNING COMMISSION 11 NOVEMBER 22, 2010 DIVISION. REQUEST SUBMITTED BY JACK STITES. James Mills stated that Mr. Jack Stites has submitted a request for a six month extension of the Financial Guarantee submitted for the completion of improvements to Blackwell Road required for approval of the Blackwell Road Division. Final Plat approval for the Blackwell Road Division was granted on May 24, 2010. The completion of required improvements to Blackwell Road was financially guaranteed by a letter- of-credit in the amount of $26,500 drawn on Clayton Bank with an expiration date of December 7, 2010. Mr. Stites indicates that the improvements may not be completed by the expiration date. Staff recommended conditional approval of the request for a six month extension subject to the submittal of an updated letter-of-credit to the Planning Department prior to December 7, 2010. Jim Woodford made the motion to grant conditional approval of the request for a six month extension subject to the submittal of an updated letter-of-credit to the Planning Department prior to December 7, 2010. Randy Dalton seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL FOR SIX MONTH EXTENSION. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  THE REDIVISION OF LOT 1 OF THE MESSENGER DIVISION, 2 LOTS LOCATED ON MESSENGER ROAD – ROBERT MESSENGER. ADJOURNMENT: 6:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ KEN YOUNG DR. ROY LOUTZENHEISER PLANNER ACTING CHAIRMAN COOKEVILLE PLANNING COMMISSION