HomeMy WebLinkAbout09-084 - ADMIN Resolution - City Council - 2009/06/15RESOLUTION NO. 09-084
Amends and Restates Resolution No. 00-057
A 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' of the Northwest N.
Subject to roads.
WHEREAS, the City Council has considered the information related to Planning Case Nos.
00 -20 -SP, 08 -45 -SP and 09 -12 -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 site plan modifications, amendments to those conditions are now
necessary, requiring the further amendment of the special permit granted under Resolution No. 00-
057; and
WHEREAS, it is the intent of this resolution to 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. 09 -12 -CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 00-057 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:
Resolution No. 09-084 -2-
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
require that proof of parking be converted to parking and any additional measures taken
by Benilde-St. Margaret's at its expense to mitigate the parking congestion.
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 June 15, 2009 to incorporate all of the preceding
conditions and add the following conditions:
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.
Resolution No. 09-084 -3-
2. All required permits shall be obtained, including but not limited to those permits
issued by the Minnehaha Creek Watershed District.
3. 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.
4. The applicant shall establish a committee consisting of three neighboring
property owners residing to the south of the property, three neighboring property
owners residing to the north of the property, 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 issues raised by either Benilde-St. Margaret's or adjacent property
owners. The Community Development Director or designee shall be informed
of and may attend committee meetings.
c. The requirements for a minimum of 400 off-street parking spaces and for a minimum of
44 proof -of -parking spaces on-site from the May 1, 2000 approval shall continue.
d. 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.
e. Music played over any outdoor amplified sound system shall be permitted until 10:00
PM 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. Neighborhood notification
shall be required for any special outdoor events featuring music.
f. 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.
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.
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.
g.
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. 09-084 -4-
j.
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 the 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, the City's Parks and Recreation Department,
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.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure
for which the conditional use permit is granted is removed.
Asse ' t form and official exhibits must be signed by applicant (or applicant and owner if applicant is
differ nt from owner) prior to issuance of building permit.
Administration:
City er
Attest:
A
ouncil June 15, 2009
Mayor