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10-08-14 PC
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13. Where the Master and Final PUD are not in conformance with the City’s Zoning Code, <br />flexibility has been granted and/or conditions have been placed on the approval to <br />mitigate the nonconformity. <br />14. The proposed Amendments will not result in any new nonconformity not already <br />approved in the Master and Final PUD for the property. <br />15. The proposed Amendments to the Master and Final PUD are not anticipated to create a <br />negative impact on the immediate area or the community as a whole. <br /> <br /> <br />Recommendation <br /> <br />Based on the submitted plans and findings of fact, staff recommends approval of Planning Case <br />14-031 for a Master and Final Planned Unit Development Amendment for the Johanna Shores <br />redevelopment project located at 3200 Lake Johanna Boulevard. Staff is recommending that the <br />following sixteen (16) conditions be included 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 PUD Development Agreement shall be prepared by the City <br />Attorney and subject to City Council approval. The document shall be executed prior to <br />the issuance of a building permit. <br />3. The Developer shall obtain a Grading and Erosion Control Permit and commence initial <br />site work on Phase II by December 31, 2014. <br />4. The Developer shall obtain a building permit for Phase II by June 30, 2015, or the <br />approval shall expire unless extended by the City Council prior to the approval’s <br />expiration date. Extension requests must be submitted in writing to the City at least 45 <br />days prior to the expiration date. <br />5. The Developer 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 building permit. The financial surety shall be in the form of a letter of credit <br />issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The <br />purpose of the letter of credit is to ensure that site improvements are completed in the <br />event that the developer defaults on the PUD Development Agreement. <br />6. The Developer 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 />of a building permit. The escrow will be used for City costs related to review, approval, <br />and inspection of site improvements or any costs incurred by the City in the event of a <br />developer default. <br />7. The Developer shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of landscaping prior to the issuance of a building permit. The financial <br /> <br />City of Arden Hills <br />Planning Commission Meeting for October 8, 2014 <br /> <br />P:\Planning\Planning Cases\2014\PC 14-031 - PUD Amendment - Presbyterian Homes\Memos_14-031 <br /> <br />Page 12 of 15 <br />
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