03-26-07 Item 4C, Planning Case 07-004 Site Plan Agreement for 3900 Bethel Drive

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The applicant has submitted letters describing the project, explaining how the University Commons building will be used, and a response to the criteria used in the Zoning Code to evaluate height variance requests (Attachment 3B-l of the report to the Planning Commission). Fire Marshal Review Condition ten of the recommendation for approval from the Planning Commission requires review from the Fire Marshal and compliance with any conditions stated by the Fire Marshal. The Fire Marshal has since reviewed the proposal and does not have any recommended changes or conditions. Recommendation The Planning Commission reviewed Planning Case 07-004 and unanimously (6-0) recommends approval of the Site Plan Review and Variance at 3900 Bethel Drive based on the findings of fact and the submitted plans as amended by the following eleven conditions: I. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. The applicant shall submit an escrow, bond, or other financial surety acceptable to the City Attorney for 125 percent of the cost of materials and installation ofthe landscaping plan prior to the City issuing the building permit. The City shall retain the financial surety for at least one year after full implementation of the landscaping plan. The financial surety shall only be released upon successful inspection of the landscaping by the City Planner, which shall only occur during the growing season. 5. A temporary fence shall be placed between the construction area and the trees that are to be retained on drawing LOOl in Attachment 3B.4. The fence shall be subject to City Planner inspection and shall be in place prior to the issuance of any building permits. The fence shall be maintained and shall not be removed without City Planner approval. 6. If any of the retained trees on drawing LOOl in Attachment 3B-4 are removed or damaged by any natural or manrnade force prior to Staff s final inspection ofthe fully implemented landscaping plan, Bethel University shall replace 125 percent ofthe removed caliper inches of trees. The replacement vegetation shall be subject to City Planner and City Forester review and approval. 7. The applicant shall comply with the City Engineer's memo dated February 26,2007, prior to any site preparation and the issuance of any building permits. 8. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities and provide the City with copies of \\Metro-inet.uslArdenHillslP/anning\Planning Cases\2007\07-004 Bethel University Commons Site Plan Review - Variance (PENDING)\032607 - CC Report -Bethel Site Plan Review and Variance.doc Page 2 00