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ARDEN HILLS PLANNING COMMISSION – February 4, 2015 15 16. The Master PUD Amendment is in substantial conformance with the City’s Comprehensive Plan. 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, 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. 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: