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City of Arden Hills City Council Meeting for October 31, 2016 P:\Planning\Planning Cases\2016\PC 16-024 - Arden Plaza - 1150 County Road E - Final PUD\Memos_Reports_16-024 Page 7 of 9 12. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 13. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Recommendation The Planning Commission unanimously recommends approval (4-0) of Planning Case 16-024 for a Final PUD for Phase II of the Arden Plaza Master PUD at 1150 County Road E West based on the findings of fact and submitted plans in the October 31, 2015, Report to the City Council, as amended by the following seventeen (17) 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 any development permits, a copy of all necessary supplemental declarations between MedExpress and Arden Plaza, LLC addressing site operation issues, including but not limited to driveway maintenance, shared parking, and drainage, shall be provided to the City. 6. 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 City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. 7. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 8. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of any development permits. The