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Planning Commission Meeting Minutes – Wednesday, May 06, 2009 Page 2 City Planner Thomas Paschke reviewed staff’s analysis of the request by Old Dominion Freight Lines, and on behalf of the City, for VACATION of the public road right-of-way adjacent to and inclusive of the north and east sides of their property at 2750 Cleveland Avenue, consistent with the vacation and re-granting agreement entered into by the City and Old Dominion as part of the Metro Transit park and ride project. Mr. Paschke advised that on December 15, 2009, the City Council approved the Vacation and Re-Granting Agreement, stipulating the terms and conditions under which the Twin Lakes Addition plat would be recorded and the process to occur to vacate the ten foot (10’) wide strips of land along the north and east boundaries of the Old Dominion parcel. Staff recommended approval of the request for VACATION of public road right-of-way for ten feet (10’) wide strips of land pursuant to the Vacation and Re-Granting Agreement, and affecting Outlot A of the Twin Lakes Addition Plat (Old Dominion), adjacent to and inclusive of the north and east sides of their property at 2750 Cleveland Avenue, as part of the Metro Transit park and ride project; based on the comments and findings of Section 4 of the project report dated May 06, 2009. Discussion included purpose and future development goals of the easement vacation creating right-of-way for future roads, as basically an administrative due diligence process to satisfy all parties, with no changes in how the land is utilized, but negotiated by the property owner, the City Attorney and staff, with City Council approval, and clarifying the easement conveyance to the City in 1959 and recorded in 1960. Commissioners reviewed requested action for Planning Commission recommendation to the City Council; and clarified that there were no conditions indicated by staff for this approval. Applicant Representative, Jim Walston, Attorney for Old Dominion Freight Line Mr. Walston concurred with the summary of Mr. Paschke; noting that the agreement resolved outstanding issues and had been negotiated by City Attorney Squires and himself, as required by the County Recorder for proper recording of the plat. Public Comment No one appeared to speak for or against. Vice Chair Boerigter closed the Public Hearing for Case #09-012. MOTION Member Wozniak moved, seconded by Member Gottfried to RECOMMEND TO THE CITY COUNCIL APPROVAL of a VACATION of public road right-of-way for ten feet (10’) wide strips of land pursuant to the Vacation and Re-Granting Agreement, and affecting Outlot A of the Twin Lakes Addition Plat (Old Dominion), adjacent to and inclusive of the north and east sides of their property at 2750 Cleveland Avenue, as part of the Metro Transit park and ride project; based on the comments and findings of Section 4 of the project report dated May 06, 2009. Ayes: 6 Nays: 0 Motion carried. Vice Chair Boerigter noted that the case was scheduled to be heard by the City Council at their May 18, 2009 meeting. b. PLANNING FILE 09-008 Request by AT & T (with Presbyterian Homes) for approval of a PLANNED UNIT DEVELOPMENT AMENDMENT to allow the installation of cellular antennae on top of the Eagle Crest residential building at 2925 Lincoln Drive Vice Chair Boerigter opened the Public Hearing for Planning File 09-008. City Planner Thomas Paschke provided staff’s analysis of the request of AT & T Mobility (in cooperation with Eagle Crest Senior Housing LLC) for a PLANNED UNIT DEVELOPMENT AMENDMENT to allow installation of three (3) telecommunication