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HomeMy WebLinkAboutResolution No. 317A-16 Incentive Development #2014-004-Nicholas ApartmentsRESOLUTION WHEREAS, on May 14, 2014, the City of Rochester Common Council adopted Resolution #199-14 which approved Incentive Development Preliminary Plan #R2014-004CUP (Nicholas Apartments) by Nicholas, LLC subject to ten conditions of approval; and, WHEREAS, condition of approval #10 found within Resolution #199-14 stated as follows: 10. The Council's actions in approving this development occur in response to the applicant's or his/her representative's oral and written representations as to the appearance of the building design, exterior facade, and landscaping. As such, the applicant must not deviate from the appearance of the building design, exterior facade and landscaping as originally presented to the Council without the Council's prior approval. All of the balconies must be constructed as shown on the site plan except for three balconies that are physically unable to be so constructed; and, WHEREAS, pursuant to condition #10, the developer has requested Council approval of the following changes to the development- 1. The building to be constructed without windows shown on the building elevations on each floor along two short vertical sections at opposite ends of the rear facade; 2. Two four-story brick balcony enclosures on the rear facade, shown on the building elevations with a 10-foot separation, to be constructed as attached enclosures with no separation; 3. Utility meters to be added to the west side of the rear facade; 4. Water drainage openings to be added on the parapet; 5. First floor service doors to be added on the east and west walls of the building; 6. The walkway connecting the primary building entrance to the Center Street sidewalk to be constructed entirely with poured concrete. The approved drawings show a portion of this walkway as pavers; 7. Utility boxes to be placed on the south side of the rear yard; and 8. A fence to be installed around the rain garden and along a portion of the east property line; and, WHEREAS, the Planning Department recommended the following additional condition of approval should the Council approve the requested changes to the development: 12. The applicant shall submit two sets of full-sized drawings reflecting the approved changes to the building and site design; and, WHEREAS, the Council considered this request at its July 18, 2016, meeting; and, WHEREAS, at the July 18th council meeting, the Council concluded that the developer's request should be approved if the developer complies with condition #12. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the City does hereby approve the above -described changes to the development known as Incentive Development Preliminary Plan #R2014-004CUP (Nicholas Apartments) by Nicholas, LLC., subject to the condition of approval #12. Resolution #199-14 is hereby amended to include the changes noted herein and the inclusion of condition of approval #12. The Mayor and City Clerk are authorized to execute any and all documents necessary to implement this resolution. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF , 2016. ATTEST: PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF , 2016. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15Wpprove. DevChange5