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Planning Commission Minutes February 27,2001 Page 14 • Mr. Harlicker explained the buffer area between the fairway and the proposed units to the south of the plat. COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY S & Z INVESTMENTS FOR A CONDITIONAL USE PERMIT FOR WEST OAKS, CASE NO. CU 01-07 WITH CONDITIONS LISTED FOR THE PRELIMINARY PLAT. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-2. Chair Mesich and Commissioner Baker opposed. 5.9. Request by Scott Powell for Rezoning from C3 to PUD, Public Hearing-Case No. ZC 01-04 5.10. Request by Scott Powell for Land Use Amendment from HB to HB and MR, Public Hearing-Case No. LU 01-03 5.11. Request by Scott Powell for Preliminary Plat Approval (Mississippi Ridge), Public Hearing-Case No. P 01-06 5.12. Request by Scott Powell for Conditional Use Permit for Site Plan (Mississippi Ridge), Public Hearing-Case No. CU 01-09 Staff report by Michele McPherson. Scott Powell has requested a rezoning, land use amendment, preliminary plat, and conditional use permit for a mixed use planned unit development. The plat consists of 8 commercial lots and 22 town home units. The property is west of Highway 10 from 170th to 173rd Avenues. Ms. McPherson reviewed issues associated with the plat regarding existing conditions, environmental issues, lot sizes, roads, park dedication, uses, and setbacks. Staff • recommends approval of the requests with the findings and conditions listed in the staff report. Chair Mesich asked if the city could require the access requested by staff, when the applicant does not own the property. City Engineer Terry Maurer stated that the City could request the access and that it is consistent with MN/DOT's plans. Chair Mesich opened the public hearing. Dwight Kirkeide, 11230 173rd Avenue NW, submitted written comments and the Planning Commission entered his comments in the official record to be attached to the official minutes. Rolland Benson, of Hanlon Monument Companies, explained the history of his business and the importance of his highway visibility. He asked that the Commission be sensitive to his issues. Mark Lange, of Hanlon Monument Companies, stated that he intends to stay in his present location and that Mr. Powell has not made a reasonable offer for his property. Commissioner Mesich asked how the wetlands would be mitigated. Steve Rohlf stated that the wetlands would be mitigated at a ratio of 2 to 1. He explained that the first choice would be to mitigate on site, second choice would be in the general area. He stated that the wetland tech panel would review the wetland • issues.