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13. Where the Master and Final PUD are not in conformance with the City’s Zoning Code, flexibility has been granted and/or conditions have been placed on the approval to mitigate the nonconformity. 14. The proposed Amendments will not result in any new nonconformity not already approved in the Master and Final PUD for the property. 15. The proposed Amendments to the Master and Final PUD are not anticipated to create a negative impact on the immediate area or the community as a whole. Recommendation Based on the submitted plans and findings of fact, staff recommends approval of Planning Case 14-031 for a Master and Final Planned Unit Development Amendment for the Johanna Shores redevelopment project located at 3200 Lake Johanna Boulevard. Staff is recommending that the following sixteen (16) conditions be included with the approval: 1. 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. 2. An amendment to the PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The document shall be executed prior to the issuance of a building permit. 3. The Developer shall obtain a Grading and Erosion Control Permit and commence initial site work on Phase II by December 31, 2014. 4. The Developer shall obtain a building permit for Phase II by June 30, 2015, or the approval shall expire unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 5. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a building permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the PUD Development Agreement. 6. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a building permit. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a building permit. The financial City of Arden Hills Planning Commission Meeting for October 8, 2014 P:\Planning\Planning Cases\2014\PC 14-031 - PUD Amendment - Presbyterian Homes\Memos_14-031 Page 12 of 15