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ARDEN HILLS PLANNING COMMISSION – October 5, 2016 3 <br /> <br />7. The City has adopted Design Standards for the B-2 District within the Zoning Code. <br />8. The Final PUD for Phase II is in substantial conformance with the requirements of the <br />City Code. <br />9. The Final PUD for Phase II is in substantial conformance with the Guiding Plan for the <br />B-2 District. <br />10. The Final PUD for Phase II is in conformance with the City’s Comprehensive Plan. <br />11. The PUD process allows for flexibility within the City’s regulations through a negotiated <br />process with a developer. <br />12. Where the plan is not in conformance with the City Code, flexibility has been requested <br />by the applicant and/or conditions have been placed on an approval that would mitigate <br />the nonconformity. <br />13. The application is not anticipated to create a negative impact on the immediate area or the <br />community as a whole. <br /> <br />Senior Planner Bachler stated based on the submitted plans and findings of fact, staff <br />recommends approval of Planning Case 16-024 for a Final PUD for Phase II of the Arden Plaza <br />Master PUD at 1150 County Road E West. If the Planning Commission votes to recommend <br />approval of Planning Case 16-024, staff is recommending the following seventeen (17) <br />conditions of approval: <br /> <br />1. The Developer shall continue to abide by the conditions of all previous Master PUD <br />Agreements, permits, and reviews, except as hereinafter amended. <br />2. The project shall be completed in accordance with the submitted plans as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission and the City <br />Council. <br />3. The Developer shall obtain a Building Permit within one year of the Final PUD approval <br />or the approval shall expire, unless extended by the City Council prior to the approval’s <br />expiration date. Extension requests must be submitted in writing to the City at least 45 <br />days prior to the expiration date. <br />4. A Development Agreement shall be prepared by the City Attorney and subject to City <br />Council approval. The agreement shall be executed prior to the issuance of any <br />development permits. <br />5. Prior to the issuance of any development permits, a copy of all necessary supplemental <br />declarations between MedExpress and Arden Plaza, LLC addressing site operation issues, <br />including but not limited to driveway maintenance, shared parking, and drainage, shall be <br />provided to the City. <br />6. The Developer shall submit a financial surety in the amount of 125 percent of the <br />estimated costs of site improvements including grading, utilities, and paving, prior to the <br />issuance of any development permits. The financial surety shall be in the form of a letter <br />of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the <br />City. The purpose of the letter of credit is to ensure that site improvements are completed <br />in the event that the developer defaults on the Development Agreement. <br />7. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated <br />costs of site improvements including grading, utilities, and paving, prior to the issuance <br />of any development permits. The escrow will be used for City costs related to review, <br />approval, and inspection of site improvements or any costs incurred by the City in the <br />event of a developer default.