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c. Planning File 08-039 Request by Cent Ventures II, in cooperation with the current owner of the property at 2750 Cleveland Avenue, for approval of a PRELIMINARY PLAT and EASEMENT VACATION related to Metro Transit’s proposed park-and- ride facility Chair Bakeman opened the Public Hearing for Planning File 08-039; and reviewed the Public Hearing process. City Planner Thomas Paschke reviewed staff’s analysis of the request of Cent Ventures II, who has a purchase option for the Old Dominion Freight Line parcel and has been in negotiation with Metro Transit on the purchase of an approximate 1-acre lot in the northeast corner of the parent parcel. Mr. Paschke advised that Metropolitan Transit intends to redevelop the 1-acre lot (the subject of the current preliminary plat) into a park and ride facility, requiring approval of a General Concept and Final Development Planned Unit Development. In Section 5.0 of the staff report dated September 3, 2008, addressing staff’s review of the easement vacation, Mr. Paschke noted receipt of the legal opinion by the City Attorney, dated September 2, 2008, provided as a bench handout, and made part of the record attached hereto and made a part thereof, and providing recorded documentation that the City holds Quit Claim Deeds for the northern ten foot (10’) wide section of Lot 30 and Lot 1, Block B (Twin View) and the eastern ten foot (10’) wide portion of Lots 1, 2, and 3, Block B (Twin View); with no easement in evidence to be vacated, as previously requested by the applicant. In light of this information, Mr. Paschke advised that staff’s recommended conditions in Section 7 of the staff report had been revised, and that those revised conditions, for the record, were provided as a bench handout at the meeting, made part of the record, and attached hereto and made a part thereof. Mr. Paschke reviewed the necessary shifting of the plat, based on this new information and Quit Claim Deeds versus easement vacations. Mr. Paschke advised that, when the outlot is re-platted, the City would have rights to the roadway right-of-way for Iona Lane and Mount Ridge Road, and will seek to have those areas dedicated as right-of-way at that time. Mr. Paschke further noted that, at the time of outlot re-platting, the City would also seek dedication of that portion of the Cleveland Avenue right-of-way for similar purposes. Mr. Paschke advised that periphery utility and drainage easements would be negotiated with the developer, at the recommendation of the Public Works Department and City Engineer, based on where they would be utilized, similar to negotiations with other commercial/industrial parcels; with staff determining that, at this time, there was no need for utility and drainage easements on Lot 1, Block 1, and easements as determined appropriate would be sought at the time of outlot re-platting. Staff recommended APPROVAL of the request for a PRELIMINARY PLAT, based on the comments and conditions as outlined in Section 7 of the project report dated September 3, 2008; as amended with materials provided during tonight’s presentation. Discussion included options if the park and ride facility did not come to fruition, with staff assuming that the developer would not record the plat without knowing the project was confirmed to move forward; confirmation that the City would not be at risk, but that the requested approval would run concurrent with the project being advocated by the Met Council; and review of traffic flows and their application to dedication of this plat and construction of Iona Lane not contingent upon dedication. Mr. Paschke advised that the applicant was not able to be present at tonight’s meeting, but had expressed their willingness to work with staff on any outstanding issues; and had expressed their support for approval of the preliminary plat. Chair Bakeman closed the Public Hearing, with no one appearing to speak.