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ARDEN HILLS CITY COUNCIL – APRIL 13, 2015 8 7. The PUD Amendment is in conformance with the requirements of the City’s Zoning Code. 8. The PUD Amendment is in conformance with the Guiding Plan for the B-2 District. 9. The PUD Amendment is in conformance with the City’s Comprehensive Plan. 10. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. CUP Amendment Findings 11. The City approved a Conditional Use Permit in Planning Case 97-009 for a 3,500 square foot seasonal garden center on the Arden Plaza site. 12. The proposed Frattallone’s Hardware seasonal garden center area would measure approximately 155 feet by 61 feet for a total area of 9,455 square feet. This total area includes the five foot wide display curb along the north and east perimeter of the garden center. 13. 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. 14. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 15. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 16. The proposal will not affect noise on the property. 17. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 18. The proposal will have limited impacts on drainage on the property. 19. The proposal will not affect the population density on the property. 20. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 21. The park dedication requirement does not apply in this case. Associate Planner Bachler explained 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. The Planning Commission recommended that the following thirteen (13) conditions pertaining to the Conditional Use Permit Amendment and PUD Amendment be included in the approval: 1. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 2. 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. 3. 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. 4. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, paving, and fence