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• final review of the building plans to be made by City staff to assure compliance with all City and State codes, regulations and ordinances . Motion carried unanimously. Preceding his review of the Board's actions taken following a Public Hearing on rezoning the Hedlund property, the Chairman commented on how the procedures which had been set up by the Attorney had made it so much easier to conduct such a meeting and had provided a more workable approach to the development of the property. John Daubney, attorney for Mr. Hedlund and Carl Dale of Design Plan- ning Consultants then discussed Mr. Hedlund's request for rezoning from "R-2" to "C" Commercial the approximate 5 acres which he owns across Silver Lake Road from Apache Plaza, saying the applicant had no choice but to seek "Commercial" zoning for that tract since the "PUD" under the City's new zoning ordinance with its restrictions of 20% commercial did not provide a vehicle for developing the concept which had been planned by Mr. Dale. The attorney then read letters from Midwest Federal and the First State Bank of New Brighton stating those institutions ' unwillingness to provide funding for either bunga- lows or duplexes on Mr. Hedlund's land because of its proximity to Apache Plaza and the heavy traffic on Silver Lake Road. Mr. Daubney felt these letter supported Mr. Hedlund's contention that the land • could not be developed in the manner in which it is zoned. He said the plan Mr. Dale had conceived called for 40% of the tract along Penrod Lane being developed for single family residences with the re- mainder, except the buffer area between the two, being commercial . His client, Mr. Daubney said, is not developing the residential portion first because he wants anyone who purchases or builds one of those homes to be bound by written affirmation of knowledge that the westerly portion of the development will be commercial. Mr. Daubney said Mr. Hedlund was willing to have a legally binding agreement worked out between the City Attorney and him which will allow his land to be developed as per the proposal advocated by Mr. Dale. The planner then presented the same plan he had proposed during the Public Hearing and reiterated his objections to the City zoning ordin- ance as a vehicle for accomplishing that project and providing a means of controlling the architecture so that a "village-like" concept could be achieved. He said he felt the Planning Board and residents had agreed to his approach of developing the land but wondered how controls could be written into the agreement which will provide the necessary means of controlling the uses by the public. Mr. Hiebel as a clarification then read the Board 's motion which in- dicated their intentions to let the Council know they felt the proposal might deserve consideration subject to ordinance modification or vari- ances particularly as applied to the "PUD" section if a proper vehicle for controlling the usage can be worked out with the City staff. • (2)