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06-13 Resolution No. 11371 RESOLUTION NO. 11371 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR A HIGH SCHOOL OUTDOOR RECREATIONAL FACILITY INCLUDING LIGHTED PLAYING FIELDS AND AN ADDITIONAL INFLATABLE DOME AT 6600 NICOLLET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit amendment and variances to allow a high school outdoor recreational facility including lighted playing fields and an additional inflatable dome at property commonly known as 6600 Nicollet Avenue and legally described in the attached Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit and variances at its May 22, 2017 meeting; and WHEREAS, notice of the public hearing was published in the Sun Current on May 11, 2017 and mailed to properties within 350 feet of the subject property; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Subsection 547.09 and as detailed in City Council Staff Report No. 97; and WHEREAS, the Zoning Code states that outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line, Subsection 514.07, Subd. 5; and WHEREAS, the Zoning Code states that the maximum height for non-residential accessory buildings is 15 feet, Subsection 514.05, Subd. 2; and WHEREAS, the Zoning Code states that light poles within landscaped areas and plazas shall have a maximum height of 20 feet measured from grade, Subsection 544.09, Subd. 6; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findings below, the Richfield City Council hereby approves the requested variances from Richfield Zoning Code Subsections 514.07, Subd. 5; 514.05, Subd. 2; and 544.09, Subd. 6; and; WHEREAS, the City has fully considered the request for approval of an amendment to the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of Zoning Code Subsection 514.07, Subd. 5 would cause a practical difficulty, as the existing grass field does not currently meet the setback requirement, and is considered legally nonconforming. However, the installation of a synthetic turf playing surface will allow for an increase in the dates and times that the field can be used, and is therefore considered an intensification of use. Strict enforcement of Subsection 514.05, Subd. 2 would cause a practical difficulty, as the Ordinance generally does not consider large "campus" developments that contain multiple accessory buildings. The maximum height for principal buildings is 75 feet. If considered as a principal building, the proposed dome meets all height and setback requirements. Strict enforcement of Subsection 544.09, Subd. 6 would cause a practical difficulty by effectively prohibiting adequate lighting of the playing field. b. Unusual or unique circumstances apply to the property. Like most schools and religious institutions in Richfield, Holy Angels' property is zoned Single Family Residential (R). However, if the Holy Angels campus was being proposed today, in its entirety, it would be reviewed as a Planned Unit Development, which allow for greater flexibility in the application of the Code than other zoning districts. This circumstance is unique to large "campus" developments such as this, and does not apply generally to other properties in the same zone or vicinity. Given the location of the "in bounds" area of the playing field, the majority of group activities will meet the setback regulation. Lighted playing fields are permitted, upon demonstration that off- site impacts can be substantially mitigated. This requirement is met. c. Granting the requested variances will not alter the character of the neighborhood. Noise and adverse visual impacts on adjacent properties have been adequately mitigated. d. The requested variances are the minimum necessary to alleviate the practical difficulties. The proposed dome would similar in height to the existing dome. The applicant states that 80-foot tall light poles are necessary to achieve an angle of lighting that minimizes glare for neighboring properties and still meet the maximum brightness of 1 footcandle at the property line. A survey of city parks and Richfield High School found that light pole heights range from 60 to 80 feet. e. The proposed variances do not conflict with the purpose or intent of the Ordinances or Comprehensive Plan. 3. A conditional use permit amendment is issued to allow an outdoor recreational facility with lighted playing fields and an additional inflatable dome, as described in City Council Letter No. 97, on the Subject Property legally described in Exhibit A. 4. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • The recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.09, Subd. 8. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of an occupancy permit. • Prior to the issuance of a building permit(s), the applicant shall provide a receipt from Hennepin County showing that the two land parcels have been combined into a single parcel and provide an updated legal description. • Hours of use of the field, lights, and secondary dome shall be limited to 7:00 a.m to 10:00 p.m. Hours of use of the original/primary dome shall be limited to 6:00 a.m. to 11:30 p.m. No sound amplification shall be permitted at the secondary field or dome. • All other conditions specified in the June 24, 1996 City Council resolution approving the primary field and dome shall continue to be observed and shall apply to the secondary dome as well. • Light poles shall be used for lighting purposes only, and are not eligible to support any wireless telecommunication antennas and/or equipment not required for school purposes. • The applicant shall submit a revised site plan showing fence locations that comply with all requirements set forth in Zoning Code Subsection 509.15. The applicant shall continue discussion with City staff and nearby residents regarding possible access gate locations. • The applicant is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. After five years of growth, landscaping along the south and west property lines shall be inspected for ongoing compliance with screening requirements. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated May 2, 2017, and compliance with all other City and State regulations. • Prior to the issuance of an occupancy permit the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 5. The conditional use permit and variances shall expire two years after issuance unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 6. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of June 2017. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, ity Clerk EXHBIT A DESCRIPTION OF PROPERTY SURVEYED (Per Commonwealth Land Title Insurance Company Commitment to Issue Date Down Endorsement, Order No. 233830, Attached to Loan Policy No. 126637, dated March 28, 2003) Parcel I: The North Half of the Northeast Quarter of the Southwest Quarter except roads and except the West 25 feet thereof, Section 27, Township 28, Range 24, Parcel 2: The West 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4, except the Railroad right—of—way and the West 32,88 feet of that part of the East 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 27, Township 28, Range 24, Hennepin County, Minnesota.