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