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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 Me ubdivision will <br />require wetland mitigation. The Wetland Conservation Ac ' ' CA = quires the creation <br />of new wetlands, or an expansion of existing wetlands, re • ny wetlands filled by <br />grading activities. The proposed mitigation area for t . I • eadows project is <br />generally located in the northeast corner of the sout •R of Section 5. This area is <br />zoned R -1, Single Family Residential, and is w M ► A. However, its use for <br />residential development is severely limited ' , • wetlands. <br />Mr. Powell noted that Section 12.B o e `• ning Ordinance states a conditional <br />use permit (CUP) shall be require 4, + 1 • • r more cubic yards of material is to be <br />removed or deposited on any to • r nder 5,000 cubic yards, a grading permit <br />could be considered without proposed mitigation site will require movement <br />of about 20,000 cubic yar • rial and, therefore, a conditional use permit is <br />required. If the mitiga ' di ere confined to the Highland Meadows plat site, a <br />CUP would not be req e advised the Rice Creek Watershed District (RCWD) <br />administers the d ervation Act within this area of Lino Lakes. The RCWD <br />has reviewed and the proposed grading with stipulations. <br />Mr. Powell stated thaYstaff 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 />