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5. The City has adopted the Guiding Plan for the B2 District that outlines future development principals for the area. 6. The City has adopted design standards for the B2 district within the Zoning Code. 7. The Master PUD and Final PUD for Phase I are in substantial conformance with the requirements of the City's Zoning Code and design standards. 8. The Master PUD and Final PUD for Phase I are in substantial conformance with the Guiding Plan for the B2 District. 9. The Master PUD and Final PUD for Phase I are in substantial conformance with the City's Comprehensive Plan. 10. Where the plan is not in conformance with the City's Zoning Code, flexibility has been requested by the applicant and /or conditions have been placed on an approval that would mitigate the nonconformity. 11. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Recommendation Because this application would be amending the already approved Development Agreement (Attachment B), only those conditions that relate to the amended items are addressed in the conditions of approval. Staff is recommending approval based on the findings of fact subject to the following six conditions: 1. The applicant shall continue to abide by the conditions of all previous Master PUD and Final PUD for Phase I, 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 and approval by the Planning Commission and City Council. 3. The applicant shall file the Final Plat with Ramsey County within 180 days of the approval from the City. 4. A development agreement amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed prior to the issuance of any permits or site preparation. 5. The applicant hereby agrees to waive their right to appeal any special assessments levied against Lot 1, Lot 2, or Lot 3 for streetscape improvements, associated with the implementation of the Guiding Plan for the B -2 District, provided that, the special assessments do not exceed an amount equal to $350 per lineal foot of frontage on County Road E and further provided that the properties are specially assessed in the same manner as other similarly situated parcels. 6. The applicant shall construct parking lot and landscaping improvements previously planned for Phase I, as well as provide a plan for updating the rest of the existing retail center, as part of Phase II. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning CasesI2011I11 -016 - Arden Plaza - PUD Amendment (Pending)I08-03-11 - PC Report - Arden Plaza - PUD Amendment.docx Page 9 of 10