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Since all of the parking area and the trees on the Freeway Towing project are within the NSP easement, Staff felt <br />NSP should be made aware of the situation. Baker stated he did not feel the burden of approval should be put on <br />the utility company. <br /> <br />Livingston asked if NSP has been notified of the proposed facility. Teague stated NSP has not been notified <br />because NSP is not the property owner. Zisla asked if Item No. 8 of the draft resolution is covered under the <br />easement agreement. Zisla stated the City should not expand the utility’s approval right, but should be notified <br />so the utility has the right to comment. Livingston stated NSP should be notified before the item goes to the City <br />Council. Baker commented parking existed over the NSP easement throughout the City. Most of the parking on <br />the Cleveland Avenue and County Road D project is on the utility easement. Livingston stated this proposal <br />differs from the Cleveland Avenue project because trees will be planted on the easement. Schiferl stated that he <br />thought it unusual that the City had not been required to notify the utilities of proposed projects. O’Brien stated <br />that the easement specifies the conditions that must be followed. Zisla stated that, if NSP’s approval is required, <br />it is between NSP and the property owner. Schiferl asked, if NSP says the parking and the trees are not consistent <br />with the easement, the development would not be consistent with the approved landscape plan and site plan. The <br />burden would be on the applicant to comply with the terms of the easement. <br /> <br />Zisla stated the easement agreement may address what the property owner can do in the easement area. In that <br />case, the greatest extent of the City’s responsibility may be to notify the utilities of the process. Currently, <br />notifying the utilities is not part of the required process. The question is, can the City change that process for this <br />proposal? O’Brien asked if Zisla was suggesting that the utilities be notified of a proposed project. Zisla replied <br />that he was suggesting the item be deleted from the resolution. Then, the Commission could consider notifying <br />NSP. Schiferl asked if utility easement owners have ever been notified of a proposed project in the past. Baker <br />stated utilities have never been notified of projects in the past. Schiferl asked if Baker was opposed to the <br />notifying a utility in the planning process when neighboring property owners are notified. Baker stated he would <br />not be opposed to such notification. <br /> <br />Baker stated that it would be simpler to have Staff check with NSP if they have concern about the proposal. <br />Schiferl asked if that could be made an informal request for this proposal and future proposals. Baker stated the <br />Commission could ask Staff to do so. Teague responded Staff could do that. <br /> <br />SP-214 and LP-356 subject to the <br />Motion by Zisla, seconded by Livingston, <br />TO RECOMMEND APPROVAL OF <br />condition, eliminating Condition No. 8 of the Staff Recommendation. <br />6A-0N.MC. <br /> YES AYS OTION ARRIED <br /> <br />Baker stated the Commission would like to direct Staff to notify the utilities holding easements on properties <br />coming before the Commission. Teague stated he would do so. <br /> <br />Announcements and Updates <br />Zisla asked Teague about the Council action on the Hollywood Video proposal. Teague responded the City <br />Council approved the Hollywood Video proposal with the reversed footprint, subject to several conditions. The <br />hours of operation are to be until 11:00 p.m., Sunday through Thursday, and until midnight Friday and Saturday. <br />The Council recommended that the Task Force continue consideration of the rezoning of that site to B-1. If the <br />site is rezoned and Hollywood Video vacates the site in the future, the next use would have to abide by the B-1 <br />zoning. <br /> <br />Adjourn <br />. <br />Motion by Livingston, seconded by O’Brien, 6 Ayes - 0 Nays. Motion Carried. <br />TO ADJOURN THE MEETING <br />The meeting was adjourned at 8:00 p.m. <br /> <br /> <br /> <br /> <br />I:\COMMISSIONS\PLANNING\MINUTES\1999\07-20-99.WPD <br /> <br />