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17. The submitted Site Plan for the Frattallone’s Hardware outdoor seasonal sales area is in conformance with the B-2 District Design Standards. 18. Where the plan is not in conformance with the City’s Zoning Code, such as for outdoor storage and displays, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 19. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. CUP Amendment Findings 20. The City approved a Conditional Use Permit in Planning Case 97-009 for a 3,500 square foot outdoor garden sales area on the Arden Plaza site. 21. The proposed Frattallone’s Hardware outdoor sales area would measure 150 feet by 56 feet, or a total area of 8,400 square feet. 22. Section 1345.03 of the Zoning Code states that any enlargement or intensification of a conditional use not specifically permitted by the permit shall require an amended permit and all procedures shall apply as if a new permit were being requested. 23. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 24. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 25. The proposal will not affect noise on the property. 26. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 27. The proposal will have limited impacts on drainage on the property. 28. The proposal will not affect the population density on the property. 29. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 30. The park dedication requirement does not apply in this case. Recommendation The Planning Commission recommended approval (4-2, Zimmerman and Bartel) of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North based on the findings of fact and submitted plans in the February 23, 2015, Report to the City Council, as amended by the following twenty-two (22) conditions: 1. Prior to City Council review of Planning Case 15-002, the issue regarding the design and location of the demising wall between Lot 3 and Lot 4 shall be resolved to the satisfaction of the Building Official and Fire Marshall. 2. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 3. 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 City of Arden Hills City Council Meeting for February 23, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 9 of 12