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• <br />• <br />Planning & Zoning Board <br />December 8, 1999 <br />Page 5 <br />The MOTION was supported by Mr. Schilling. Motion carried 7 -0. <br />Mr. Johnson made a MOTION to approve an amendment to the 1997 PDO, Planned <br />Development Overlay, for lot area and setback flexibility, based on the same conditions: <br />The MOTION was supported by Ms. Lane. Motion carried 7 -0. <br />Ms. Sherman noted that the site plan will be addressed when submitted and does not need <br />a separate motion of approval. <br />C. PUBLIC HEARING, TSM Development, 801 Main Street (approx.), <br />Conditional Use Permit, Wetland Mitigation for Highland Meadows <br />Mr. Powell advised that the site grading for the Highland Meadows subdivision will <br />require wetland mitigation. The Wetland Conservation Act (WCA) requires the creation <br />of new wetlands, or an expansion of existing wetlands, to "replace" any wetlands filled by <br />grading activities. The proposed mitigation area for <br />generally located in the northeast corner of the so <br />zoned R -1, Single Family Residential, and is wi <br />residential development is severely limited d <br />Highland Meadows project is <br />orner of Section 5. This area is <br />SA. However, its use for <br />rby wetlands. <br />Mr. Powell noted that Section 12.B of the ing Ordinance states a conditional <br />use permit (CUP) shall be required w or more cubic yards of material is to be <br />removed or deposited on any lot or I ` ` der 5,000 cubic yards, a grading permit <br />could be considered without a C m i .posed mitigation site will require movement <br />of about 20,000 cubic yards o d, therefore, a conditional use permit is <br />required. If the mitigation e confined to the Highland Meadows plat site, a <br />CUP would not be required." ed the Rice Creek Watershed District (RCWD) <br />administers the Wetland Conserva ion Act within this area of Lino Lakes. The RCWD <br />has reviewed and approved the proposed grading with stipulations. <br />Mr. Powell stated that staff has reviewed the proposed grading plan and recommends <br />approval of the CUP with conditions as identified in the staff report. <br />Mr. Powell advised there is concern regarding access to the site. <br />Chair Schaps declared the public hearing open at 6:53 p.m. <br />Steve Schmidt, TSM Development, stated the off site mitigation is to be done by the prior <br />owners so he will have to ask Mr. Menkveld about their plans for mitigation. <br />Jim Merila, Merila & Associates, advised that North Suburban Development's engineer <br />• has talked with the previous owner and it was determined that they own a 60 -acre parcel <br />