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ARDEN HILLS PLANNING COMMISSION -OCTOBER 4, 2006 7 . B. PLANNING CASE 06-028: SITE PLAN REVIEW, HIEN HGO AND NGUYET KY; 3433 LAKE JOHANNA BOULEVARD ML Lehnhoff stated applicant has volunteered to have their landscaping plan for 3433 Lake Johanna Boulevard reviewed by the Planning Commission and City Council due to a clear-cutting violation of the Shoreland Ordinance, Staff recommended approval of the Site Plan Review based on the submitted plans and eleven findings of fact and subject to the following conditions: . I. Thc project shall be completed in accordance with the plans submitted within one year from the date of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission, 2, The applicant shall obtain and submit a copy to the City all necessary permits from the Rice Creek Watershed District before a building permit is issued, 3. The applicant shall submit a final surety in the amount of 125 percent ofthe estimated cost of the landscaping prior to beginning the landscaping and prior to receiving any building permits, The surety shall include the landscaping for the entire property, including the shoreline. The financial surety shall be subject to approval by the City Attorney. 4, Upon completion of the landscaping and prior to releasing the financial surety, the City Planner shall inspect the landscaping to ensure that it is in compliance with the approved plans, 5, Any vegetation within the landscaping plan that arc deemed dead or dying by the City Planner or City Forester shall be replaced within three months or by the beginning of the next planting season, if it is deemed by the City Platmer or City Forester that it was too late in the season to replace the dead or dying plants. 6. Best management practices shall be used to maintain erosion control until construction and landscaping at'e finished, Changes to the erosion control measures shall be subject to approval by the City Engineer, 7, The shoreline restoration plan shall be subject to the Planning Commission and City Council approval. 8. The three proposed trees shall bc rcplaeed with a shorter species and/or shall be moved to a safe distance from the power lines along the western edge ofthe property, 9, The City shall prepare a development agreement that is signed by the property owners agreeing to the conditions of thc site plan review and the agreement shall be subject to approval by the City Attorney. ML Lehnhoff noted he had received a letter from Richard Gonzalez, the property owner immediately north ofthis property, outlining his concerns with the proposed site plan. Commissioner Larson asked what the duration was of the financial security. Mr. Lehnhoff responded the financial security could be released after one year after the project was completed. . Commissioner Lat'son suggested reducing the linancial security for two or three years once they knew the landscaping was not dying,