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Mr. Nathe stated the State has allowed Highway 10 to go from 55 to 65, so now people drive 85. He indicated before the City makes people come here two or three times to defend themselves and their land when they should go and look at the property themselves. Chairperson Johnson indicated Mr. Nathe should not assume they have not seen the property. Mike Leary, Northwest Realty, indicated he represents the Colby's, who are the third property owner along this section. He stated they have lived on the property in excess of 20 years, and enlisted his help a year ago to do a plan for a board and care facility on 10 acres of their property. He stated it has been marketed that way for over a year, and they have gotten the help of an architect to do a plan. He showed they have an architects rendering for a 56 unit board and care facility, with a residence on the back of the property, as well as walking paths along the river. He stated this has been looked at with engineers for septic and well considerations, and they have put together a booklet that has been shared with Staff, dated April 7, 2003. He indicated part of this plan was that the zoning stay in -tact. He noted he has three potential buyers, and they believed since it has been commercial property for twenty years that it would stay that way. He stated they have made it clear the owners want it to remain that way. He indicated nothing would happen on the waterway, but there would be community support types of things, such as nursing care. He stated they realize in the long run it may be a PUD, but since they have gone so long and spent so much time and money, they feel it should remain commercial. Chairperson Johnson asked what it was shown as in the Comprehensive Plan. Assistant Community Development Director Trudgeon stated it shows residential, and has been planned for residential since 1999. Chairperson Johnson asked when the Metropolitan Council adopted that Comprehensive Plan. Assistant Community Development Director Trudgeon indicated in 2002. Chairperson Johnson explained that what they are doing now is adopting zoning to comply with the previously adopted Comprehensive Plan. Mr. Leary stated they do not want to come before the City later and be told some is commercial and some is residential, when they need it all commercial. Chairperson Johnson stated for four years the Comprehensive Plan has shown this area as residential. Commissioner Brauer asked if Mr. Leary has ever seen the Comprehensive Plan. Mr. Leary indicated he has heard there was one from the owners. He stated if this is a viable development, and they have been thinking about this and working on it for two years, he questioned why they have to go back and forth when they could just leave the zoning commercial. Planning Commission/August 7, 2003 Page 12 of 19