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HomeMy WebLinkAboutResolution No. 213-18 -EssexEstates. PUDAmendR2018-001.AldrichNurserySchoolAddition. RESOLUTION WHEREAS, CRW Architecture on behalf of Aldrich Nursery School requested a Type III, Phase II Amendment to PUD R2018-001PUD to allow for a building addition to an existing nursery school; and, WHEREAS, amendments to an existing PUD are processed according to the regulations applicable to a conditional use permit and restricted development; and, WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments – Restricted Development) provides in part the relevant criteria for the review of this application; and, WHEREAS, the Planning Department applied the criteria found at R.C.O. §62.708 to this application as found in the staff Report dated May 9, 2018 submitted to the June 4, 2018 Council Meeting. WHEREAS, on May 9, 2018, the Rochester Planning and Zoning Commission held a public hearing on this amendment, the Planning Department’s recommendations and recommended approval of the application subject to the following conditions: 1. Prior to building permit approval, the site plan shall illustrate compliance with the required bufferyard along the west property line. 2. If a Grading and Drainage Plan approval is required for this project, it must be completed prior to the approval of building permits. 3. Prior to building permit approval, the PUD Amendment plans shall be updated to show the existing utility easements and transformer pad. The new screening adjacent to transformer pad must be at least 2’ from the sides and back of the pad and at least 10’ from the front of the pad. WHEREAS, the Common Council held a public hearing on June 4, 2018, on the proposed amendment to the Planned Unit Development, and permitted all interested persons to be heard; and, WHEREAS, at the June 4, 2018 public hearing, the Council considered the evidence and testimony submitted, as well as the material contained in the meeting agenda; and, WHEREAS, based upon a preponderance of the evidence submitted at the June 4, 2018 hearing, the Common Council adopts as its own the Planning and Zoning Commission’s recommended findings of fact and conditions of approval; and, 1 WHEREAS, based upon a preponderance and substantial weight of the evidence th submitted at the September 18 public hearing, the Common Council determines that the Applicant has satisfied the criteria of R.C.O. §§61.146, 62.708 if the above three conditions are completed. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase II Amendment to the Essex estates PUD #R2018-001PUD, requested by CRW Architecture on behalf of Aldrich Nursery School, is in all things approved subject to the above three conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018. _____________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2018. ________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15\\PUD.AmendEssex Estates 2