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ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 6 10. The Final PUD for Phase III is in substantial conformance with the Guiding Plan for the 13- 2 District. 11. The Final PUD for Phase III is in conformance with the requirements of the City's Sign Code. 12. The Final PUD for Phase III is in conformance with the City's Comprehensive Plan. 13. The PUD process allows for flexibility within the City's regulations through a negotiated process with a developer. 14. 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. 15. Flexibility is needed from the standards in the City's Zoning Code in terms of the proposed exterior building materials, building design, and parking requirements. 16. The proposal exceeds the standards in the City's Zoning Code in terms of perennial plantings and window transparency coverage. 17. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler stated that the Planning Commission reviewed this request and unanimously (5-0) recommends approval of Planning Case 15-016 for a Final PUD for Phase III of the Arden Plaza Master PUD at 3527-3557 Lexington Avenue North, based on the findings of fact and the submitted plans in the August 31, 2015, Report to the City Council, as amended by the following sixteen (16) conditions: 1. The Developer 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 and approval by the Planning Commission and the City Council. 3. The Developer shall obtain a building permit within one year of the Final PUD approval or the approval shall expire, unless extended by the City Council prior to the approval's expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 4. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed prior to the issuance of any development permits. 5. Prior to the issuance of a building permit, the Arden Plaza 2nd Addition Final Plat shall be recorded with Ramsey County. 6. Prior to the issuance of a building permit, a copy of any necessary supplemental declaration between Hemisphere Restaurant Partners and Arden Plaza, LLC addressing site operation issues, such as driveway maintenance, shared parking, and drainage, shall be provided to the City. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the