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marked by Judicial Landmarks. <br />(Torrens property, Certificate of Title No. 533995) <br />WHEREAS, the Property is subject to the conditions of that certain Conditional Use Permit <br />and Conditional Use Permits Amendments as contained in City Planning Case File Nos. 70 -52, 73- <br />10, 75 -17A, 78 -31, 93 -22, and 05 -017 (all herein "Existing CUP Developer submitted a <br />completed application "Completed Application including a request that the City Council <br />approve the Master and Final Planned Unit Development Plan for the Property; <br />WHEREAS, the Developer submitted a Completed Application including a request that <br />the City approve an amendment to the Existing CUP; <br />WHEREAS, the Completed Application was reviewed by the Planning Commission at a <br />public hearing conducted on October 6, 2010; <br />WHEREAS, the Planning Commission continued its review of the Completed <br />Application to November 3, 2010; <br />WHEREAS, on November 3, 2010, the Planning Commission recommended findings of <br />fact and recommended approval of Developer's request for an Amendment to the Existing CUP; <br />WHEREAS, on November 29, 2010, the Arden Hills City Council reviewed the <br />Completed Application; the comments and reports of the City Staff and its consultants; the <br />comments and reports of the Developer and its consultants; public comments; and the effect of <br />the proposed project upon the health, safety, convenience and general welfare of the owners and <br />occupants of surrounding land, in the community as a whole, including but not limited to, <br />existing and anticipated traffic and parking conditions; noise; glare; odor; vibration; smoke; dust; <br />air pollution; heat; liquid or solid waste; and other nuisance characteristics; drainage; population <br />density; visual and land use compatibility with uses and structures on surrounding land; <br />adjoining land values; and the orderly development of the neighborhood and the City within the <br />general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the <br />City. <br />WHEREAS, at the conclusion of the council meeting, the City Council found that, if the <br />project is constructed in compliance with the terms of the PUD Development Agreement for the <br />Property, there would be no such adverse effects. <br />NOW THEREFORE BE IT RESOLVED, that the Arden Hills City Council hereby <br />approves an Amendment to the Existing CUP to replace all prior site plan approvals with the <br />Redevelopment Plan as defined in the PUD Development Agreement; and directs that if there are <br />any conflict between the terms of the Existing CUP and the terms of this Resolution, the terms of this <br />Resolution shall control. <br />2 <br />