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vacation. Member Mulder asked how this setback and nonconforming situation occurred. Thomas Paschke explained the setback history. Member Olson asked for engineering concerns. Deb Bloom, Assistant Public Works Director, explained the needs for future road and utility easements (none needed). A pathway will be built in 2003 within the existing right-of-way. Engineering staff recommended approval. No further public comment was offered; Chair Rhody closed the public hearing. Motion: Member Mulder moved, second by Cunningham, to recommend approval of the request for vacation of a portion of County Road B-2 adjacent to 1500 County Road B-2, with the attached legal description and map and based on the findings outlined in Section 3.1 - 3.3 of the project report dated February 14, 2001. Ayes: 5, Rhody, Olson, Duncan, Cunningham, Mulder Nays: 0 Motion carried. The Planning Commission's recommendation will be forwarded to the City Council for final action on March 12, 2001. b. Planning File 3290: A request by Border Foods and Heritage Real Estate to amend Planned Unit Development #1199 to allow increased hours of operation (until 2 am) and additional signage (18.5 square feet on north face) for the Taco Bell located at 1101 Larpenteur Avenue. Chairman John Rhody opened the public hearing and requested city planner Thomas Paschke to provide a verbal summary of the project report dated February 14, 2001. Thomas Paschke explained the PUD amendment process. The hours of operation of nearby restaurants were reviewed. (No fast food stores are nearby). Staff completed an 18-month review in June 2000. There were no major policing problems. Staff recommended approval of the drive-through only, with annual review for two years. Thomas Paschke explained the signage request. The PUD allowed for 20 square feet of signage on the south and west. The applicant requested an additional identical 20 square foot sign for the north side of the building. Staff recommended approval. Member Mulder noted that the "drive-through only" is a request of the applicant. He noted that the other request (signage) should be dealt with in two separate motions. Member Duncan noted that there are bars along the south side of Larpenteur. Member Olson asked for a comparison with other restaurants along Snelling Avenue (no comparison was done). The requirements at the Taco Bell are in place because of the PUD. Member Olson asked if the St. Paul residents were notified. Thomas Paschke explained that staff had provided notice; one call and one comment letter were received. The phone call expressed concern regarding noise and traffic. Chair Rhody noted the surrounding area is business except for the south side (St. Paul) parallel streets where the uses are residential. Member Mulder asked for traffic by hour or peak hours of use. Deb Bloom noted that the increase in hours would not impact the peak hour traffic. Jim Erickson, representing Taco Bell and Heritage, suggested that the sign issue is most important and straightforward. The north wall looks naked, like something is missing. The police and land use records indicate favorable conduct, and Taco Bell serves a late night niche. This added customer load should not affect the