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Recommendation The Planning Commission recommended approval (4-2, Zimmerman and Bartel) of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North. The Planning Commission recommended that the following thirteen (13) conditions pertaining to the Conditional Use Permit Amendment and PUD Amendment be included in the approval: 1. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 2. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review by the Planning Commission and approval by the City Council. 3. A Development Agreement Amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed by all parties within the Arden Plaza development prior to the issuance of any building or development permits. 4. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, paving, and fence installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event of a developer default. 5. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, paving, and fence installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 6. Final grading and erosion plans shall be submitted to the City Engineer for approval prior to the issuance of any development permits related to the construction of the seasonal garden center area. 7. The operations of the Bio-Filtration Area #2 identified on the Master Site Plan shall be corrected to the satisfaction of the City Engineer prior to the issuance of any development permits related to the construction of the seasonal garden center area. 8. The fence around the perimeter of the seasonal garden center area shall be made of wrought iron materials and shall not exceed six (6) feet in height. 9. No exterior signage shall be attached to the fence around the seasonal garden center area. 10. The seasonal garden center area must be an extension of and consistent with the applicant’s permitted principal use. 11. The seasonal garden center area shall be used exclusively for the seasonal sale of nursery and garden items, including but not limited to flowers, plants, landscaping materials, and Christmas trees. 12. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions. City of Arden Hills City Council Meeting for April 13, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 7 of 9