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ARDEN HILLS PLANNING COMMISSION – January 5, 2011 3 3.A. Planning Case 11-001; Master and Final Planned Unit Development; 1313 County Road E; McDonald’s, USA LLC – Public Hearing (continued) 5. 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 permits or site preparation. 6. The applicant shall submit a financial surety for 125 percent of the cost of the landscaping improvements prior to the issuance of any building permits. 7. The applicant shall obtain a building permit within one year of the PUD approval of 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. 8. The applicant shall provide for an additional ten caliper inches of trees on site. 9. Parking, loading, garbage containers, and mechanical operating equipment shall be screened in accordance with the City Code, additional screening materials may be required in the event that there requirement is not met by the proposed plans. 10. The property owner shall be responsible for 100 percent of the cost of constructing six-foot concrete sidewalks, assuming a flat grade, for the length of the property along County Road E and Connelly Avenue. The property owner shall waive any future right to appeal any such assessments for this purpose. 11. All sidewalks constructed in City right of way shall be a minimum of six-feet in width. 12. The project shall conform to all other City regulations. Vice-Chair Thompson opened the floor to Commission questions. Commissioner Zimmerman asked what the expected cost for the sidewalk reconstruction would be. City Planner Beekman explained at this time there is not a cost estimate. The County Road E Bridge design has not been determined so the design and construction of the sidewalk cannot be figured at this time. The City will be asking McDonalds to commit to an assessment amount equal to 100% of the cost of the sidewalk with a flat grade and a maximum amount would be established. The exact details and amounts will be worked out as part of the development agreement. She clarified that the commitment to build the sidewalk was not being waived but rather the payment for the construction of this sidewalk is being deferred to a more appropriate time when construction can occur. The development agreement will be specific to the purpose of the assessment and a maximum amount for the sidewalk will be established. She stated that the applicant has indicated a preference to having an assessment done at the time the sidewalk is constructed versus paying the amount at this time. Commissioner Holewa asked for clarification regarding the entrance and exit points and if the new configuration would eliminate the bottleneck effect of cars exiting the facility onto County Road E.