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ARDEN HILLS CITY COUNCIL – FEBRUARY 23, 2015 17 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. City Planner Streff indicated that 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 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.