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HomeMy WebLinkAboutCity Council Resolution 2006-170CITY OF PLYMOUTH RESOLUTION 2006-170 APPROVING A SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT, AND VARIANCES TO ALLOW SITE IMPROVEMENTS FOR ARMSTRONG HIGH SCHOOL LOCATED AT 10635 36TH AVENUE NORTH (2006002) WHEREAS, Inspec. Inc. has requested approval of a site plan amendment, conditional use permit amendment, and variances to allow improvements on property legally described as follows: The West Half of the Northeast Quarter of the Northwest Quarter of Section 24, Township 118, Range 22, except that part of the North 275 feet thereof lying East of the West 90 feet thereof. And All that part of Government Lot 1, Section 24, Township 118, Range 22, lying north of the westerly extension of the North line of the Southeast Quarter of the Northwest Quarter thereof, expect the North 435 feet thereof, and except the West 416 feet of the North 735 feet of said Government Lot 1, Section 24, Township 118, Range 22, according to the Government Survey thereof. And The North Half of the East Half of the Northeast Quarter of the Northwest Quarter of Section 24, Township 118, Range 22, according to the Government Survey thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Inspec Inc. to allow site improvements on property located at 10635 36th Avenue North, subject to the following conditions: Resolution 2006-170 (2006002) Page 2 1. A site plan amendment is approved to allow: 1) a turf surface for the stadium field, 2) a new grass surface for the junior varsity field, 3) two new tennis courts, and 4) reconstruction of the western parking lot with a 24 -space parking expansion, in accordance with the plans received by the City on January 20, 2006, and March 20, 2006, except as may be amended by this resolution. 2. A conditional use permit amendment is approved to allow one additional football game, 8 additional soccer games, and 16 lacrosse games, based on the findings that the applicable standards in Section 21015 have been met as follows: a. The City's Land Use Plan envisions institutional uses such as the Armstrong High School and a variety of public and private recreational and athletic facilities within the P -I (Public/Semi-Public/Institutional) land use designation. Therefore, the stadium activities would be consistent with the Comprehensive Plan. b. The proposed use would not be detrimental to the general public health, welfare, morals, or comfort. The intent of the project is to provide a facility for youth athletic activities. c. The proposed use would not be injurious to the immediately surrounding properties or to the City as a whole. The existing stadium is screened from residential properties with existing trees and changes in grade. The applicant is not proposing above grade changes to the stadium. The increased usage at the stadium with a public address system would be one football game in the fall and 16 lacrosse games in the spring. The applicant has proposed to modify the public address system based on a sound study to reduce noise levels to neighboring properties. d. The surrounding properties are filly developed and the proposed stadium use would not impede improvement of the surrounding properties. e. The subject site is adequately served by public facilities. Staff has evaluated the traffic demand for the increased use. Staff notes that traffic is currently not an issue for the four regularly scheduled varsity football games. Staff finds that the increase of one varsity football game could be accommodated. f. The proposed use would comply with the regulations of the P -I zoning district. g. The proposed use is consistent with all the performance standards outlined in the Zoning Ordinance subject to the conditions in the attached resolution. 3. Except as amended below, all other conditions found in resolution 94-511 shall remain in effect. Resolution 2006-170 (2006002) Page 3 4. Spectator events utilizing the stadium public address system shall be limited to: a. five scheduled football games exclusive of post -season competition b. sixteen home soccer dates exclusive of post -season competition c. spring graduation d. track meets as scheduled in previous years e. all events shall end by 9:30 p.m. with site lighting to be turned off within one-half hour after the completion of an event f. sixteen lacrosse games exclusive of post season competition 5. The school district will adjust the operational parameters of the stadium public address system to reduce the acoustic impact of the public address system on the surrounding property during the games and events with limited spectators such as for varsity lacrosse, soccer, and track. The School District shall provide the City data regarding the decibel levels monitored during the first home football game and soccer game. The City will require modifications to the public address system if the City finds that there is a negative noise impact on the surrounding property. 6. Only stadium events listed in condition number four shall utilize the stadium public address system. Other stadium use activities for physical education, practices, scrimmages and lower level games may occur in the stadium but they will not include the use of the stadium public address system. 7. The school shall implement an action plan for the school to process neighborhood complaints or concerns related to constriction and games. The school shall also implement a plan to communicate to the neighborhood their new process for processing neighborhood complaints. 8. Variances are approved to allow: 1) 28.3 -percent impervious surface area coverage where the Zoning Ordinance specifies a maximum of 25 percent, 2) a 312.5 -square foot, 20.5 -high scoreboard, where the Zoning Ordinance specifies a maximum surface area of 150 -square feet, and a maximum height of 16 feet, and 3) a 26 -square foot electronic message board with 14 -inch letters, where the Zoning Ordinance specifies a maximum surface area of six square feet, and a maximum height letter height of 4 -inches, based on the findings that: a. The physical surroundings of the property create a unique hardship, as distinguished from a mere inconvenience. Constriction of additional parking in other locations of the school property is not reasonable given the layout of the existing school building and facilities, and given the steep slopes and wooded areas on the site. In addition, the applicant has proposed to mitigate the increased impervious surface with a bioretention basin on the west side of the westerly parking lot. In addition, due to the size of the football field stadium, the applicant requires a larger scoreboard and message board in order to make the display visible to all players and spectators. Resolution 2006-170 (2006002) Page 4 b. The conditions relating to the hardship are not generally applicable to other properties in the P -I zoning district. The location of the school building and facilities on the site present a unique hardship. If the school building and parking lot were constricted on the east end of the site and the athletic fields on the west end of the site, there would not be a need for the variance. In addition, the size of the high school and associated stadium field creates the need for the larger scoreboard and message board. c. The purpose of the variances is not based upon a desire to increase the value or income potential of the parcel of land. The proposed parking lot addition would provide additional parking spaces for school faculty. The larger scoreboard and message board would be visible to all players and spectators in the bleachers. d. The hardship is caused by the Zoning Ordinance and was not self-created. e. The variances would allow a reasonable use of the land and would not be detrimental to the public welfare or injurious to other land in the neighborhood. The applicants are proposing to mitigate the increased impervious surface with the addition of the bioretention basin that would treat the increased impervious surface before entering Medicine Lake. The proposed scoreboard and message board would be located in the same location as the existing scoreboard at the northeast corner of the stadium. The face of the scoreboard would not be visible from the adjacent homes south of the field due to grade and an existing wooded area. f. The variance would not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The variance is the minimum necessary in order to provide parking for the school's faculty. The variance is the minimum necessary in order to install a scoreboard and message board that is visible to all players and spectators at the game. 9. The electronic message board display shall not blink, flash, scroll, alternate colors or feature animated displays. 10. Except as approved by this resolution, the scoreboard and electronic message board shall comply with all sign regulations of Section 21155 of the Zoning Ordinance. 11. Prior to commencement of the excavation/filling operation and related grading, the applicant shall obtain a grading permit from the City. 12. Prior to issuance of a grading permit, a site improvement performance agreement and financial guarantee shall be submitted pursuant to Section 21045.10 of the Zoning Ordinance. Resolution 2006-170 (2006002) Page 5 13. Prior to issuance of a grading permit, the applicant shall revise their plans to show handicap parking stalls in compliance with the building code. 14. Prior to issuance of a grading permit, the applicant shall revise their plans to show the western parking lot islands with landscaping. Trees are not required in the landscape islands. The applicant shall also move the proposed trees west of the western parking to locations that will not obstruct views to Medicine Lake from the single family homes to the north. 15. Prior to issuance of a grading permit, the applicant shall provide the following easements: a. A 40 -foot wide drainage and utility easement for the riprap overflow discharge from the water quality pond and southerly to the south property line. This easement shall include the entire drainage channel south of the pond. b. A 15 -foot wide unobstructed access easement not exceeding a 15 % grade from a public street for the rain garden, and to the water quality pond inlets, and outlet. c. A drainage and utility easement for the water quality pond and the rain garden to the high water level. d. A 20 -foot wide drainage and utility easement over the existing storm sewer pipe that provides an outlet for the Armstrong Ridge development. The easement shall follow the pipe southerly to its discharge into the channel south of the water quality pond. e. A 20 -foot drainage and utility easement over the storm sewer outlet pipe for the water quality pond. 16. Prior to issuance of a grading permit, the applicant shall televise the storm sewer pipe that flows from the Armstrong Ridge inlet located along the north property line. The pipe shall be televised to its discharge into the channel near the south property line. 17. Prior to issuance of a grading permit, the applicant shall provide a rain garden maintenance and parking lot sweeping agreement. 18. Prior to issuance of a grading permit, the applicant shall obtain all appropriate permits from the Bassett Creek Water Management Commission, NPDES, and the City of Plymouth Engineering Department to work in street right of way. 19. Ribbon curb is indicated for several locations to facilitate sheet flow to the rain garden. B612 curb is typically required. Prior to issuance of a grading permit, the Bassett Creek Water Management Commission must approve the ribbon curb and rain garden. Resolution 2006-170 (2006002) Page 6 20. Prior to issuance of a grading permit, the applicant shall revise the plans to indicate the following: a. Submit a description on the grading plan of how increased volumes of runoff due to the proposed development would be minimized by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate. b. Submit a description on the grading plan of how alternative landscape techniques and materials will reduce rates and volumes of runoff c. Identify on the grading plan all reasonable steps to avoid water quality impact and mitigate with appropriate best management practices (BMPs) to prevent water quality in receiving waters from falling below established standards. d. The water quality pond must provide skimming and rate control. Demonstrate that the current conditions accomplish this, if they do not, an approved stricture must be installed consistent with the City standards. This must be clearly noted on the constriction plans prior to issuance of a grading permit. e. Provide elevations for the bottom of the water quality pond. If the elevations are less than 925, then sediment removal is required. This must be noted on the plans. Care must be taken to insure adequate cover over the existing storm sewer pipe located in the water quality pond. f. The planting schedule for the rain garden must be included on the plans. g. The Stormwater Pollution Prevention Plan must be incorporated into the plans, rather than a stand-alone attachment. h. The plans include an access/curb cut on 36th Avenue, east of Saratoga Lane. This access is not allowed because 36th Avenue is designated as a major collector roadway with limited access. Revise plans to remove the access from plans. 21. Separate building permits are required prior to the commencement of any constriction of the scoreboard and tennis court fencing related to the project. 22. All damaged pipe or manhole strictures for the storm sewer that flows from the Armstrong Ridge inlet located along the north property line to its discharge into the channel near the south property shall be repaired to City specifications. As built information shall be provided to the City. The City will assume reasonability for this storm sewer pipe upon satisfaction of these requirements and recording of the easement. 23. All drive aisles must be constricted to a minimum of a 7 ton design. The remainder of the parking lot must be constricted to a minimum of a 5 ton design. Show a cross section for this and include 1VINDOT specifications. 24. All fill added to the school property shall consist of earthen material and shall not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material. Resolution 2006-170 (2006002) Page 7 25. Tricks hauling fill to the property or off the property will operate Monday through Friday between 8:30 AM and 3:30 PM. On site grading work shall occur between 7:00 AM and 7:00 PM Mondays through Friday, and between 8:00 AM and 6:00 PM on Saturdays. 26. The applicant shall complete all filling, related grading, and site restoration including seeding to establish a vegetative ground cover within six months from the date of approval of the interim use permit by the City Council. 27. Standard Conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. b. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. c. The site plan amendment, conditional use permit amendment, and variance approvals shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21045.09, 21015.07, and 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on April 25, 2006. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 25, 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk