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The Public Hearing was closed. <br />Chairman Butler thought it might be extreme that the condition would <br />be recorded with the deed. Deputy City Attorney Levine explained the <br />only reason it needs to be recorded is because it should run with the <br />land. Commissioner Shepherd asked how many such agreements are in <br />effect, and Mr. Harris replied approximately 10-12. Commissioner <br />Doherty indicated no problems with such a requirement as did Com- <br />missioner Wood. <br />Resolution No. 1470 was then entered and adopted with all the conditions <br />listed in the staff report. <br />Roll Call Vote <br />Resolution: Shepherd <br />Seconded: Wood <br />Ayes: Doherty, Jamieson, Shepherd, Wood and Chairman Butler <br />Noes: None <br />Absent: None <br />Abstain: None <br />UP-76-31, Oak Tree Center - application for a conditional use permit <br />to allow the construction and use of a shopping center complex on a <br />site located west of the rear of residences on Longspur Way, south <br />of the Pleasanton Canal and north of Valley Avenue. The shopping center <br />complex would require some required off-street parking to be located <br />on P (Public and Institutional) District land located between the <br />proposed shopping center and the residences on Longspur Way. Zoning <br />for the site is C-C (Central Commercial-3.6 ac.) and P (Public and <br />Institutional-1.8 ac.) Districts. <br />Secretary Harris noted that if the largest building was not to be <br />used as a market, then all the parking required to serve the development <br />could be contained on the C-C zoned property. <br />The site plan was described, and considerable discussion ensued <br />regarding possibility of a left-turn lane from Hopyard Road. However, <br />Mr. Sooby felt he could make no commitments until more information <br />was received. <br />The Public Hearing was opened. <br />Mr. Chris Beratlis, applicant, was present. He agreed with the con- <br />ditions for approval, except for a few minor changes. He did not feel <br />Building D should be moved further back as there would be adequate <br />turnaround for trucks. In addition, he had a question regarding Con- <br />dition #11, as to what the City's definition of "adequate storm drain- <br />age for the City well site" constitutes. Mr. Sooby explained. Mr. <br />Beratlis was also concerned regarding Condition #21. <br />Mr. Ronald Pozzebon, Longspur Way resident acted as spokesman for <br />the homeowners on that street. He felt that a compromise arrangement <br />had been worked out with Mr. Beratlis but they are still concerned <br />about how the P-zoned property will be developed. Also, the truck <br />traffic serving the development gave rise for concern. The homeowners <br />would prefer to see all truck access from Hopyard Road. He again <br />mentioned they would like to see some kind of a noise barrier. <br />-$- <br />