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-� <br />� <br />REQUEST FOR PLANNING COMMISSION ACTION <br />Approval: <br />DATE: OS/06/09 <br />ITEM NO: 5a <br />Agenda Section: <br />PUBLIC HEARINGS <br />Item Description: Request by Old Dominion Freight Lines for the vacation of public right- <br />of-way on the north and east sides of property at 2750 Cleveland Avenue <br />(PF09-009) <br />1.0 REQUESTED ACTION <br />1.1 Old Dominion Freight Lines is requesting the VACAT�otv of the public road right-of-way <br />adjacent to and inclusive of the north and east sides of their property at 2750 Cleveland <br />Avenue. This vacation request is consistent with the Vacation and Re-Granting <br />Agreement entered into by the City and Old Dominion as part of the Metro Transit park <br />and ride project. <br />Project Review History <br />• Application submitted and determined complete: April 13, 2009 <br />• Sixty-day review deadline: June 12, 2009 <br />• Project report recommendation: April 24, 2009 <br />• Anticipated Planning Commission action: May 6, 2009 <br />• Anticipated City Council action: May 18, 2009 <br />2.O SUMMARY OF STAFF RECOMMENDATION <br />The Planning Division recommends approval of the requested Vac,aT�otv, subject to <br />certain conditions; see Section 6 of this report for details. <br />3.O SUMMARY OF SUGGESTED ACTION <br />By motion, recommend approval of the requested RIGHT-OF-WAY VACATION, subject to <br />conditions; see Section 7 of this report for details. <br />4.O BACKGROUND <br />4.1 The Old Dominion property lies at 2750 Cleveland Avenue, within the Twin Lakes <br />Redevelopment Area. The property has a Comprehensive Plan designation of Business <br />Park (BP) and a zoning classification of General Industrial (I-2) and Planned Unit <br />Development (PUD). <br />4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities <br />guidance for vacating publicly owned easements. Specifically, this subdivision reads: <br />Vacation. Tlze governing body of a municipality may vacate any publicly owned utility <br />easement or boulevard reserve or any portion thereof, which are not being used for <br />sewer, drainage, electric, telegraph, telephone, gas and steam pi�rposes or for boulevard <br />reserve purposes, in the same manner as vacation proceedings are conducted for streets, <br />alleys and other public ways under a home rule charter or otlzer proi�isions of law. <br />PF09-012 RPCA 050609.doc <br />Page 1 of 2 <br />