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28 WHEREAS the Planning Commission considered the Applicant’s request for a Conditional Use Permit and, as such voted 5-2 in favor of denying the request. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2025-007 approving Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit at the Subject Property 1700 Highway 96 to allow a multifamily dwelling. BE IT FURTHER RESOLVED that City Council approves Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit on the Subject Property 1700 Highway 96, based on the findings of fact and the submitted plans in the January 13, 2025 Report to the City Council, as amended by the following conditions: 1. 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 Community Development Director, shall require review and approval by the Planning Commission and City Council. 2. Approval is subject to the approval of Resolution 2025-006 (Rezoning a 10.74-acre Parcel from B-1 Limited Business District to R-4 Multiple Dwelling District) 3. The Conditional Use Permit and Master Planned Unit Development and Final Planned Unit Development shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 4. A violation of any condition set forth in the permit shall be a violation of this Code and shall be cause for revocation of the permit. 5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 6. The Final Plat shall be recorded prior to the issuance of a building permit. 7. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 8. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant