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ARDEN HILLS PLANNING COMMISSION January 8, 2014 3 <br /> <br />3. The City has adopted additional Design Standards for the B-2 District within the Zoning <br />Code. <br />4. The Master PUD at 1201 County Road E was approved by the City on December 21, <br />2012 in Planning Case 12-019. <br />5. The Master PUD Development Agreement requires that any significant changes to the <br />approved plans be reviewed by the Planning Commission and approved by the City <br />Council. <br />6. The applicant is requesting approval of an Amendment to the approved PUD to construct <br />a 17,743 square foot retail building on the southeast corner of the property at 1201 <br />County Road E. <br />7. <br />process with a developer. <br />8. The proposed PUD Amendment is in substantial conformance with the requirements of <br />the Zoning Code and the B-2 District Design Standards. <br />9. Where the plan is not in conformance with the Zoning Code, flexibility has been <br />requested by the applicant and/or conditions have been placed on an approval that would <br />mitigate the nonconformities. <br />10. The property is located in Sign District 5. <br />11. The proposed PUD Amendment is in conformance with the requirements of Sign District <br />5 of the Sign Code. <br />12. The proposal is not anticipated to adversely affect the immediate area or the community <br />as a whole. <br /> <br />Associate Planner Bachler explained that based on the submitted plans and findings of fact, staff <br />recommends approval of Planning Case 13-017 for a Planned Unit Development Amendment at <br />1201 County Road E. Staff recommends the following twenty-four (24) conditions be included <br />with the approval: <br /> <br />1. The project shall be completed in accordance with the submitted plans as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission and City <br />Council. <br />2. An amendment to the Development Agreement shall be prepared by the City Attorney <br />and subject to City Council approval. The document shall be executed prior to the <br />issuance of a grading and erosion control permit. <br />3. The applicant shall obtain a building permit within one year of the PUD Amendment <br />approval or the approval shall expire unless extended by the City Council prior to the <br /> at <br />least 45 days prior to the expiration date. <br />4. The applicant shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of site improvements including grading, utilities, and paving, prior to the <br />issuance of a grading and erosion control permit. The financial surety shall be in the form <br />of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable <br />to the City. The purpose of the letter of credit is to ensure that site improvements are <br />completed in the event that the developer defaults on the Development Agreement. <br />5. The applicant shall submit a cash escrow in the amount of 25 percent of the estimated <br />costs of site improvements including grading, utilities, and paving, prior to the issuance <br />