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Recommendation In addition to being the first significant use of the recently adopted Guiding Plan for the B2 District and application of the new design standards, this is also an important gateway point to the community. As discussed during the Guiding Plan for the B2 District, there is a balancing act between a fair and flexible application of the City's regulations and adhering to the City's immediate and long-term priorities for the B2 District. While it is important to recognize the applicant's private property rights that all properties enjoy, the properties in the B2 District also have a responsibility to recognize their role and responsibility to the wider community. The City's Comprehensive Plan, Guiding Plan for the B2 District, and the overall City regulations are intended to create a stable, understandable, predictable, and successful structure for residents and businesses. Some members of the public have expressed concern over a national pharmacy chain building in Arden Hills. The City does not have the authority to deny the application based on what company may occupy a building provided the use is allowed in that particular zoning district. Pharmacies are a permitted use in the B2 District. The application must be reviewed based on the layout; conformance with City Codes, City Plans, and State Statutes; and a careful examination of the positive and negative impacts of the proposed redevelopment. The City can, when necessary and applicable, assign conditions to mitigate potential impacts. If a project is not in conformance with adopted City plans and regulation, or could not be brought into conformance with reasonable conditions, the project can be denied. After a careful review of the proposal, staff is recommending approval based on the findings of fact subject to the following eighteen conditions: 1. 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 City Council. 2. The applicant shall obtain a building permit within one year of the Final PUD approval for phase one 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. 3. The applicant shall apply for a Final PUD of Phase II within three years and Phase III within four years of the Master 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. The property owner shall provide yearly updates to the City at the end of each year regarding the status of future phases. 5. The applicant shall file the Final Plat with Ramsey County within 180 days of the approval from the City. City of Arden Mills Planning Commission Meeting fore June 3, 2009 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-011 Arden Plaza PUD and Plat (pending) 1060309 - PCReport -Arden Plaza - Master PUD.doc Page 15 of 17