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Home My WebLink About15-12-39 RESOLUTION NO. 15-11 -39 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THE STILLWATER AREA PUBLIC SCHOOLS, ISD 8349 FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION AND REMODEL OF THE STILLWATER AREA HIGH SCHOOL TO ACCOMMODATE 9TH GRADE STUDENTS AT 5701 STILLWATER BOULEVARD NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from the Stillwater Area Public Schools,ISD 834, for an amended Conditional Use Permit to allow an expansion and remodel of the Stillwater Area High School to accommodate 9th Grade Students at 5701 Stillwater Boulevard North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned O, Open.Space Conservation District. The subject property requires an amended conditional use permit for changes to the site or uses; and 4. The project requires Site Plan but not Design Guideline review; and 5. The building addition will create a 9`h — 12th grade high school and will require the following changes and additions to the High School: a. 19 new classrooms b. 22 renovated classrooms C. 4 new gym teaching stations and a dedicated gymnastics gym d. Expanded food service within the existing building C. 6 additional buses f. 30 additional teachers g. 4 turf fields to provide better utilization of play/performance space for additional and current student use; and 6. City staff prepared a planning report dated October 2, 2015 reviewing the request; and 7. Said report recommended approval of the amended Conditional Use Permit subject to the fulfillment of conditions; and 8. The Parks Commission, at its October 19, 2015 meeting discussed the request by the School District and made recommendations that are incorporated into the conditions of this Resolution; and 9. The Planning Commission held a public hearing at their October 12,2015 meeting,took comments from the applicants and public, closed the public hearing,and recommended the application with conditions. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by the Stillwater Area Public Schools, ISD 834, for an amended Conditional Use to allow an expansion and remodel of the Stillwater Area High School to accommodate 9th Grade Students at 5701 Stillwater Boulevard North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as approved by the City Council of the City of Oak Park Heights the following: I. Amended Conditional Use Permit for Site and Building Changes 2. Conditional Use Permit for Building Height With the conditions as follows: I. The plans shall be subject to review and approval by the Police Chief and Fire Chief for emergency vehicle access. 2 2. The Stillwater Area School District shall provide and ensure the general public has reasonable access to certain exterior fields and facilities, (including all athletic fields,tennis courts,baseball fields, soccer fields, etc.) during non-school hours for casual, unorganized recreational opportunities when such fields are not in use by the official district programs, official high school sports and duly permitted users. The only exceptions to this condition are the Pony StadiumField and Track as well as the Varsity Baseball Field and Varsity Softball Field that shall be exclusively managed according to District Policy. To facilitate this public access,the general public must have clear access to these facilities and no fencing, gates or borders may be installed so as to prevent the access to any field, court or outdoor recreational resources by the general public. The Stillwater Area School District shall install permanent and conspicuous signage at numerous locations readily visible to the general public that invites and welcomes the casual use of all fields and facilities when not in use by District programs, official high school sports and duly permitted users. Such signage shall also identify reasonable hours and should generally be prohibited after sunset. At any such time that the District would seek to suspend the general public from the casual access to its fields and facilities, the District may petition the City to remove this condition from its Conditional Use Permit however,the City Council may consider the implementation of a Park Dedication fee. The District shall also provide reasonable opportunities for organized athletic programs, such as may be provided through the SCVAA, Stillwater Lacrosse, Stillwater Baseball, etc. to utilize all fields (including those restricted above). The District shall internally review their policies for such field access on a yearly basis to ensure this condition is met. The District may seek to permit the use of their High School Property for the use of special events not directly related to high school,high school conference or District team sports, such as the Special Olympics, Relay for Life. The District shall first secure a special event permit from the City as may be required under City Ordinance for such events. 3. A snow storage/removal plan shall be provided. 4. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 3 5. All lighting proposed for the school building or parking areas shall be in compliance with Section 401.15.B.7 of the Zoning Ordinance and any current deficiencies shall be retrofitted. 6. Any mechanical equipment installed outside of the building shall be screened in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 7. Any signage proposed for the site shall be in compliance with Section 401.15.E of the Zoning Ordinance and will require a sign permit. 8. The grading and drainage plans shall be subject to review and approval of the City Engineer and the Valley Branch Watershed District. 9, All utility plans shall be subject to the review and approval of the City Engineer. 10. The Planning Commission and City Council were favorable to the proposed building addition appearance, colors, and materials as part of the CUP review. 11. The School District shall provide a written response from the MPCA indicating that the pond location will not adversely impact water supplies and can remain in the location proposed. 12. The applicant shall engage the owner of the retail center property to the north in discussions on issues regarding students parking on the retail center private property. The applicant shall facilitate and implement reasonable solutions suggested by the property owner to curtail the undesired student parking on the retail center property. 13. The City Engineer shall review the Stillwater Area High School Site Improvements Traffic Analysis report by SRF Consulting Group and comment. If the City Engineer agrees that the addition of an exclusive eastbound right turn lane on 58th at the 58`x' Street/Neal Avenue intersection is appropriate, it shall be constructed by the School District at the School District's sole expense, with inspection and approval by the City. 14. A separated pedestrian trail shall be constructed on Highway 5 from 58th Street south to the High School access point on Highway 5. This would be an eight foot bituminous trail on School District property with an appropriate trail easement being conveyed to the City that would be constructed by the School District and maintained by the City wholly consistent with other City trail maintenance polices as set forth by the City Council. 4 15. The applicant shall ensure there is a grade-separate trail connection from 58'' Street trail way to the Pony Stadium. 16. The applicant shall be required to enter into an amended development agreement. The development agreement shall be subject to the review and approval of the City Attorney. Approved by the City Council of the City of Oak Park Heights this lath day of November, 2015. qw�q_ M coo ber, Mayor A E Johnson, City Administrator 5 ATTACHMENT A i s 9• Conditional Use Permit Amendment Stillwater Area High School (ISD #834) Expansion and Site Modifications Washington County Parcel Number: 06.029.20.41.0002 Legal Description: SEE ATTACHED LEGAL DESCRIPTION That part of the Northeast Quarter of Section 6,Township 29 North,Range 20 West, Washington County,Minnesota,described as follows: Beginning at the Northeast earner of the South 496.00 feet of said Northeast Quarter,as measured at a right angle to the South line of said Northeast Quarter,thence South 88 degrees 45 minutes 42 seconds West,assumed bearing,along said North line 2342.42 feet to the center line of Trunk Highway 5,as presently located and traveled;thence North I degrees 17 minutes 12 seconds East along said center line 536.45 feet:thence South 5 degrees.42 minutes 48 seconds East 278"00 feet to the North line of the South 771.07 feet of said Northeast Quarter,as measured at a right angle to said South line;thence North 88 degrees 45 minutes 42 seconds East along said North line 1800.79 feet to the East line of said Northeast Quarter,thence South 02 degrees 00 minutes 03 seconds East along said East line 275.07 feet,more or less,to the point of beginning,containing 14.79 acres,more or less.Subject to Trunk.Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. Together with an easement for the purposes of construction,installation,maintenance and repair of utilities under,upon and over the Easterly 30 feet.as measured at right angles to the Easterly line thereof of the following described property That part of the Northeast Quarter of Section 6,Township 29 North,Range 20 West,Washington County,Minnesota,described as follows-Beginning at the Northeast corner of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northeast Quarter;thence South 88 degrees 45 minutes 42 seconds West,assumed bearing,along said North line 1800.79 feet, thence North 55 degrees 42 minutes 48 seconds West 278.00 feet to the center tine of Trunk: Highway 5,as presently located and traveled;thence North 34 degrees 17 minutes 12 seconds East along said center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quaver as measured at a right angle to the North line of said-Northeast Quarter. thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.)9 feet to said East line of the Northeast Quarter;thence South 02 degrees 00 minutes 03 seconds East along said East line 1017.03-feet to the point of beginning,containing 41.20 acres,more or less.Subject to Trunk,Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. AND That part of the Wesi Half of the Southwest Quarter of Section 5,that part of the Southeast Quarter of Section 6,that part of the Northeast Quarter of the Southwest Quarter of said Section 6,that part of the Southeast Quarter of the Northwest Quarter of said Section 6 and that part of the Northeast Quarter of said Section 6 all in Township 29 North,Range 20 West, Washington County,Minnesota,described as follows: Commencing at the Southeast comer of said West Half of the Southwest Quarter of Section 5:thence North 01 degree 48 minutes 09 seconds West,assumed bearing,along the East line of said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of eginning;thence South 89 degrees 50 minutes 41 seconds West parallel with the South ne of said West Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Halt of the Southwest Quarter,thence South 88 degrees 54 minutes 15 seconds West parallel with the South line of said Section 6 a distance of 3332.47 feet to the center line of Old Trunk Highway 212 as located and traveled in 1 923;thence North 33 degrees 26 minutes 30 seconds East along said center line 996.03 feet:thence North 34 degrees 17 minutes 12 seconds East along said center line 100.41 feet to the North line of said Northeast Quarter of the Southwest Quarter,thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to the center line of Trunk Highway 5 as presently located and traveled,thence North 34 degrees 17 minutes 12 seconds East along said center line 609.44 feet to the North line of the South 496.00 feet of said Northeast Quarter,thence North 86 degrees 45 minutes 42 seconds East along said North line 2342.42 feet to the East line of said Northeast Quarter;thence South 02 degrees 00 minutes 03 seconds East along said East line 496 feet,more or less,to the Northwest comer of said West Half of the Southwest Quarter;thence North 89 degrees 46 minutes 17 seconds East along the North line of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast comer of said West Half of the Southwest Quarter,thence South 01 degree 48 minutes 09 seconds East along said East line of the West Half of the Southwest Quarter a distance of910.86 feet to the point of beginning- EXCEPT that part thereof being the tract described in Document No.468927 recorded and on file in the office of the County Recorder,Washington County.Minnesota. Subject to Trunk Highway 5 along the Northwesterly line thereof. The total area of this parcel is 118,00 acres,more or less. Subject to restrictions and easements of record and subject to a drainage and ponding easement over that part of the Northeast Quarter of Section 6,Township 29 North,Range 20 West,Washington County,Minnesota lying Easterly of the Easterly right of line Trunk Highway 5 described as follows:Commencing at the intersection of center line of said Trunk Highway 5, as presently traveled,and the South line of the North Half of said Section 6;thence North 34 degrees 17 minutes 12 seconds East,assumed bearing,along said center line 288.78 feet to the point of beginning;thence South 55 degrees 42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42 minutes 48 seconds East 115.00 feet;thence South 84 degrees 42 minutes 48 seconds East 110.00 feet,thence North 00 degrees 21 minutes 42 seconds East 248.93 feet,thence North 55 degrees 42 minutes 48 seconds West 125.00 feet to said center linothence South 34 degrees 17 minutes 12 seconds West along said center line 180.00 feet point of beginning,containing acres,more or less- AND Outlot'A'and Outlot'B',Kern's Education Addition,as platted and on file and of record in the Office of the County Recorder of Washington County,Minnesota. ATTACHMENT B Conditional Use Permit Amendment Expansion & Site Modifications Stillwater Area High School (ISD #834) Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Application Submittal Review With City Staff: September 23, 2015 Planning Commission Public Hearing & Recommendation: October 8, 2015 Required Approvals: CUP Amendment City Council 415 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5)