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Compliance with these issues will be determined by the City Development Review Committee. If the Development Review Committee believes that the design does not fit within these guidelines, this portion of the project will be referred to the Planning Commission for an amendment to the PUD. 7. That no building permits be issued for the project until after a closing occurs on the Simpson parcel. There shall be no use of the site other than the existing auto sales leasing use or the future new college building without prior approval of the City Council. 8. That the ponds be maintained by the applicant, designed to meet Metropolitan Council recommended standards. The City will maintain the pipes leading to the ponds, and College Properties, Inc. will be responsible for mowing and other aesthetic maintenance of the ponds. 9. That the exterior materials of the motel be changed to include brick, in a similar fashion to the independent living building, such taht there would be brick all around the lower level and extended up to the roof at key massing. 10. That the approvals are contingent upon submittal and approval of a Comprehensive Plan Amendment to the Metropolitan Council. 11. That the independent living building be constructed as shown on the approved plan, with the height of the flat portions of the roof not exceeding 66 feet, the mansard style roof not exceeding 76 feet in height, and the pitched roofs covering stairwells and elevator penthouses not exceed 82 feet in height. 12. That College Properties, Inc. dedicate a new frontage road. 13. That College Properties, Inc. grant a 50 foot easement to County Ditch 4. 14. That progress be demonstrated on correction to the soil erosion problems adjacent to the main campus as part of the final PUD approval.