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Home My WebLink About09-011 - ADMIN Resolution - City Council - 2009/01/20• • RESOLUTION NO. 09-011 Amends and Restates Resolution No. 00-057 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 00-057 ADOPTED ON MAY 1, 2000, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MODIFICATIONS TO ATHLETIC FACILITIES AT 2501 STATE HIGHWAY 100 SOUTH FINDINGS WHEREAS, Benilde-St. Margaret's School, has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow modifications to athletic facilities at 2501 State Highway 100 within a R-1 Single Family Residential Zoning District having the following legal description: That part of the South'/ of the Northwest IA of Section 31, Township 29, Range 24 lying east of State Highway No. 100, north of the south 330.00 feet thereof, and west of the east 450.00 feet thereof; also the west 233.58 feet of the east 450.00 of the north 500 feet of said South 1/2 of the Northwest IA. Subject to roads. WHEREAS, the City Council has considered the information related to Planning Case Nos. 00 -20 -SP and 08 -45 -SP and the effect of the proposed modifications to athletic facilities on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a continued special use permit was amended regarding the subject property pursuant to Resolution No. 00-057 of the St. Louis Park City Council dated May 1, 2000 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and 'WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 00-057, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; • WHEREAS, the contents of Case No. 08 -45 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 09-011 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 00-057 filed as Document No. 7306903 is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to athletic facilities within the R-1 Single Family Residential District at the location described above based on the following conditions: 1. That the grading and drainage be constructed and maintained thereafter in accordance with Exhibit A — Grading and Drainage Plan, Exhibit B — Sodding, Seeding and Landscape Plan and all conditions set forth in the City's Flood Plain Zoning District regulations be satisfied as specified in Section 14:123.100(2)(a) through (k). 2. That all grading, sodding and seeding be completed by October 15, 1985. 3. The special permit shall be amended pursuant to Planning Case No. 92 -42 -SP to permit construction of a pylon sign 19.5 feet in height and to permit a total sign area of 200 square feet. 4. The special permit shall be amended on May 1, 2000 (Case No. 00 -20 -SP) to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Official Exhibits C thru K. Exhibits B and D, landscape plan may be modified as to the exact location of the arborvitae plantings along the north lot line to most effectively provide screening and to preserve existing trees. Exhibit B landscape plan may also be modified to move up to 50% of the new bufferyard plantings north of the Princeton Court townhomes to directly east of the east parking lot, provided this is agreed to by the applicant and Princeton Court townhomes. b. Prior to any site work, applicant shall meet the following conditions: 1. Obtain a Watershed District permit and submit copy to City. 2. Applicant shall sign assent form and official exhibits. c. A building permit is required, which may impose additional conditions. d. If parking should become a problem in the future, the Zoning Administrator may required that proof of parking be converted to parking. e. A five foot building height variance for an auditorium is approved, subject to all conditions of final approval. f. The property owner shall grant a trail easement to the City at no cost in a location to be agreed upon by both parties, if it is determined by the City that a trail is to be constructed in this area. 5. The special permit shall be amended on January 20, 2009 to incorporate all of the preceding conditions and add the following conditions: Resolution No. 09-011 -3- a. The site shall be developed, used and maintained in accordance with exhibits • incorporated by reference herein. • b. Prior to starting any site work, the following conditions shall be met: 1. The property owner shall dedicate at no cost to the City a 10' easement required as part of prior approvals along the west frontage road and along 25 1/2 Street West. 2. The applicant shall provide to the City a financial guarantee in the form of a Letter of Credit or Cash Escrow to ensure the installation and survival of all landscaping materials. The financial guarantee shall be in the amount of 125% of the cost of installation. c. The applicant shall install and maintain a device governing all outdoor amplified sound systems on the site to be in compliance with the City's noise regulations. d. Music played over any outdoor amplified sound system shall be permitted only for a duration of not more than thirty (30)' minutes before any varsity athletic event or for occasional outdoor events typical of a high school. e. Upon the City's request due to planned construction of a trail, the property owner shall grant at no cost to the City a 10' trail easement along the north property line running from the cul-de-sac at Westridge Lane to the east and terminating at the northeast corner of the property. Should the City construct such a trail, the City shall be responsible for any costs associated with fence or landscaping relocation. f. The current application does not include the construction of a bubble or dome on the property. A major amendment to the Special Permit would be required if a bubble or dome is proposed in the future. g. The applicant shall establish a committee consisting of neighboring property owners and representatives from the Benilde-St. Margaret's School. The committee shall meet a minimum of two (2) times per school year to discuss the upcoming athletic schedule and any outstanding raised by either Benilde-St. Margaret's or adjacent property owners. The Community Development Director or designee shall be invited to attend committee meetings. h. Use of field five (5) for athletic activities, as designated on the official exhibits, shall between the months of September and December of each year be prohibited during the following times: 1. 9:00 PM Friday to 9:00 AM Saturday. 2. 9:00 PM Saturday to 9:00 AM Sunday. Use of field five (5) for athletic activities, as designated on the official exhibits, shall between the months of April and August of each year be prohibited during the following times: 1. 9:00 PM Friday to 8:00 AM Saturday. 2. 9:00 PM Saturday to 8:00 AM Sunday. Resolution No. 09-011 -4- Upon completion of the new primary turf field (field 1), and until such a time as it can be brought into full compliance with the lighting requirements of the Zoning Ordinance, lighting at the existing track and field (field 4) shall not be used except for track and field meets between March 15 and June 15 of each year. k. The applicant shall follow guidelines for all fields and associated facilities on the site, as follows: 1. To the greatest extent possible, all major non -track events shall take place at the new field 1 (one) per the official exhibits. Major events shall be defined as any non -track event with over 100 fans in attendance where both the lighting and sound system is used. 2. To the greatest extent possible, the applicant shall utilize only one lighting or sound system at any given time. In no case shall be applicant utilize more than two lighting or sound systems at any given time. 3. Athletic training using the on-site bleachers shall not be permitted. 4. Except for current users, temporary, or emergency situations, the applicant shall not permit regular use of its fields by other schools or organizations. A minor amendment to the Special Permit shall be required to allow regular use of the applicant's athletic fields by other schools or outside organizations. 5. To the greatest extent possible, the applicant shall attempt to minimize use of the outdoor amplified sound system and field lighting system during months that school is not in session, with the exception of current summer sports programs. 6. The addition of new summer sports programs using the outdoor amplified sound system and field lighting system shall require a minor amendment to the Special Permit. 7. Except for the National Anthem, summer sports programs shall, to the greatest extent possible, avoid playing music over the outdoor amplified sound system. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Und the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for hic the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Revie ed for ' d inistration: Attest: CC-rl(4 City Clerk Adopted b Mayor uncil January 20, 2009