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of-way be approved, subject to the following conditions: a. The retention of a 30 foot wide utility easement over the portion of street right-of-way to be vacated. b. The applicant must submit the legal description of the area to be vacated and the proper legal document on which to record the vacation at Ramsey County, both to be reviewed and approved by the Director of Public Works. c. The retention of a 30 foot wide trail easement over the portion of street right-of-way to be vacated. Debra Bloom, Assistant Public Works Director, clarified the request to reserve a path/sidewalk easement on the same 30 feet of land which would be vacated as a road right-of-way. Chair Traynor asked for staff clarification on the recommendation (Staff: staff requested that two easements utilities and sidewalk/pathway would be retained over the same 30 foot wide by 156 foot long area). Member Doherty asked why is there this need for a pathway? Why was it not brought forth at the time of the south right-of-way easement? Ann Elias, adjacent owner, said she did not originally (at the time of the south % right of way vacation) know of north easement and wished it to be maintained as a pathway. It should have been shared between the two vacations. There should be no paved trail, but kept natural (as is). Chair Traynor asked if the City required a hard surface on easements. Thomas Paschke will discuss this with Parks and Recreation staff to determine pathway need. Debra Bloom explained that if a trail is required, it should be over the top of the utility easement. Pat Alexander, 2165 Midlothian Road, supported the easement but suggested a gravel pathway for biking. Chair Traynor closed the hearing. Motion: Motion by Member Bakeman, seconded by Member Ipsen, to continue the request to vacate a 30 foot by 158.5 foot portion of the Wagner Street Right-of-Way to October 14, 2004. Ayes: 6 Nays: 0 Motion carried. b. Planning File 3602: Request by United Properties for Preliminary and Final Plat and Affirmation of Final Planned Unit Development for Outlot B, known as Applewood Pointe Phase II, to allow the construction of row town homes (3 complexes) totaling 17 units. Chair Traynor opened the hearing and requested City Planner Thomas Paschke to present the verbal summary of the staff report dated October 6, 2004. Mr. Paschke advised that United Properties is seeking approval of Phase II of the Applewood Pointe development that includes 3 structures of row town homes (17 total units) on Outlot B, which lies in the southwest corner of the Applewood Pointe development site. The City Council approved the Arona-Hamline Neighborhood Master Plan in March 2002 as a supplement to the Comprehensive Plan. Mr. Paschke explained that on June 16,2003, the Roseville City Council approved the Applewood Pointe project, a 13.7 acre mixed residential project including a neighborhood park and pond overlook, 7 single family homes, 18 row town homes, a 96 unit senior cooperative, and the development of Outlot B as up to 18 additional row town homes or a 3 story, 36 unit condominium. The Outlot B development was approved with the requirement of a future public hearing before the Planning Commission to review the proposed project and determine its consistency with the approved Planned Unit Development Agreement. The proposal by United Properties seeks approval of a row town home development consisting of 3 structures totaling 17 units. Specifically, the proposal includes a 3 unit row town home structure located directly south of the existing southern most 6 unit row home structure along Arona Street; a 7 unit row town home in the southwestern most corner of Outlot B, and a 7 unit row town home structure in the southeastern most corner of Outlot B overlooking the pond and adjacent the public trail. City utility services already serve this site (or are in close proximity) and have adequate capacity to support the new structures. The site planning, landscape architecture, and the architecture are well done with high quality building materials. The city staff has reviewed the PHASE II proposal by United Properties and recommends approval of the 17 new town home (row home) units as consistent with the master site plan, the PUD, and city codes, and the three actions necessary to begin preparation of final documents for permitting. Specifically, the project meets the intent and policy directives of the City's Comprehensive Plan and the Arona/Hamline Neighborhood Plan, and is consistent with the developers Applewood Concept PUD Development Plan approved by the City Council on June 16,2003,