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