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ARDEN HILLS PLANNING COMMISSION – February 4, 2015 5 30. The park dedication requirement does not apply in this case. Associate Planner Bachler stated that staff is generally supportive of the separate requests within Planning Case 15-002. The proposed subdivision should help with the marketing of the proposed Lot 5 for future development. While Lot 4 would not have frontage on a public street, the existing Reciprocal Easement Agreement for the development will guarantee access to Lot 4 in perpetuity. The amendment to the Master PUD to include an expanded and more permanent outdoor seasonal sales area for Frattallone’s Hardware will better define and formalize this activity within the development. Associate Planner Bachler indicated that staff does have concerns about certain site improvements that were scheduled to be finished during Phase I that have yet to be completed. Additionally, staff would recommend that the execution of the Final Plat be conditioned on the issuance of a Certificate of Occupancy for the building following the completion of the required demising wall between Lot 3 and Lot 4. These concerns are reflected in the recommended conditions of approval. If the Planning Commission votes to recommend approval of Planning Case 15-002, staff is recommending the following twenty-two (22) conditions of approval: 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 Planner, shall require review by the Planning Commission and approval by the City Council. 4. A Development Agreement Amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed by all parties within the Arden Plaza development prior to the issuance of any building or development permits. 5. The final construction plans for the demising wall between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building shall meet the standards as outlined by the City Building Official in the memo dated January 29, 2015. 6. The execution of the Final Plat shall be conditioned on the demising wall construction between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building receiving final approval from the City Building Official. 7. Prior to the execution of the Final Plat, a copy of the supplemental declaration between Frattallone’s Hardware and Arden Plaza, LLC addressing the issues of drainage and driveway maintenance shall be provided to the City. 8. Prior to the execution of the Final Plat, a copy of an agreement addressing the Sewer and Water services provided to Lot 4 thought the building on Lot 3 shall be provided to the City. 9. Prior to the execution of the Final Plat, a copy of an agreement addressing the operation, maintenance, and ownership of all sanitary sewer, water, and storm sewer within the development, and the process by which future land use applications will be submitted to the City for properties within the development, shall be provided to the City.