HomeMy WebLinkAbout2002-03-21 NAC Memorandum14" 0' 1 *K`TM" WWV EST ASSOCIATED CONSULTANTS., INC.,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MI 5 410
Telephone: 962,595.9636 Facsimile: 962.595.9837 planners@nacplanning.com
LMMSU��M �
To: Kimberly Kamper
FROM: Scott Richards
DATE: March 21, 2002
RE: Oak Park Heights — High School Stadium
FILE NO: 798.02 — 02.01
As you are aware, members of the Planning Commission at their March 4, 2002
meeting voted three /one in favor of granting the conditional use permits and variance for
construction of a stadium at the High School. Section 401.03,A of the Zoning
Ordinance specifies that "a recommendation for approval of a request for an
amendment shall require passage by a four - fifths (415) vote of the Planning
Commission." As such, the amended conditional use permit to allow the stadium failed
to receive a favorable recommendation from the Planning Commission. The requests
for the CUP for lighting and the variance for lighting would only require a three /fifths
vote of the Planning Commission and would have been approved under that motion.
A resolution and findings of fact had been prepared for the Planning Commission
assuming a favorable vote on all of the applications. A copy of that resolution which
cannot be signed is attached. Staff has prepared a City Council resolution and findings
of fact for their review and consideration at their meeting on March 20, 2002 which
reflects approval based upon the findings of a majority but not a super majority of the
Planning commission as required in the Zoning Ordinance.
A four - fifths vote of the City Council will be required to approve the amended conditional
use permit for the High School stadium.
pc: Kris Danielson
Mark Vierling
A RECOMMENDING RESOLUTION
OF THE
PL ANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
WHEREAS, the City of Oak Park Heights has received a request from
Independent School District 834 (District) for an amended conditional use permit CUP to allow
for a change to the original CUP approval, a CUP to allow for 90 foot light poles and fixtures at
other than a 90 degree cutoff, and a variance to allow the two bleacher structures to exceed the
building height standards for accessory buildings; and after having conducted a public hearing
relative thereto, the Planning Commission of oak park Heights makes the following findings of
fact.
follows to wit:
and
I. The real property affected by said application is legally described as
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
SEE ATTACHMENT B
3. The subject site is zoned 09 Open Space Conservation District in which
high schools are a listed conditional use; and
4. The City staff prepared a memorandums dated February 14 2002 and
February 27 2002 reviewing the requests; and
5. The memorandums dated February 14, 2002 and February 27, 2002
recommended that the requests be approved subject to conditions; and
6. The Planning Commission held a public hearing at their February 21, 2002
meeting, took comments from the applicants and public, closed the public hearing, continued the
meeting to March 4, 2002 to allow staff to review the recommended conditions and to allow the
District to provide a Parking and Traffic Management Plan and an Emergency Evacuation Plan;
and
7. At their March 4, 2002 meeting, the Planning Commission reviewed and
made revisions to the recommended CUP conditions, the Parking and Traffic Management Plan,
and the Emergency Evacuation Plan, took comments from the applicant, and made the following
recommendations:
NOW, THEREFORE, ICE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING
A. The application submitted by the District for an amended CUP to allow for a change to
the original CUP approval, a CUP to allow for 90 foot light poles and fixtures at other
than a 90 degree cutoff, and a variance to allow the two bleacher structures to exceed the
building height standards for accessory buildings, and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval subject to the following conditions:
1. No activity at the stadium shall be illuminated with the outdoor lighting system after
11:00 PM or at any time on Sundays.
2. when constructed, the outdoor lighting system shall be tested to assure compliance with
the lighting requirements founds in Section 401.1 S.B.7(d) and (e) of the Zoning
Ordinance. Meter readings shall be provided to the City in compliance with methods of
measuring light intensity as found in the Zoning ordinance.
3. The CUP will be granted to allow the stadium lighting to be constructed and operating
within two years of the time of initial completion of the stadium complex. If the lighting
is not erected within this period, its subsequent construction will require application for
necessary permits and approval of the City Council.
4. All events held at the stadium shall comply with State MPCA standards applicable to
sound. The City shall require limitations on use of loud speakers if noise levels are found
to exceed State MPCA standards. Upon installation of the sound system, meter readings
shall be submitted to the City demonstrating compliance with MPCA standards, subject
to City staff review and approval.
0
5. A lighting plan shall be provided by the District indicating provisions for lighting the area
between the parking lots to the entrance gates and bleachers. The plan shall be subject to
review and approval of the City Council, City Engineer, and staff.
6. The emergency access drive and gate shall be appropriately marked and accessible to
emergency personnel at all times subject to review and approval of the Police Chief.
7. The District has established an Emergency Evacuation Plan for the stadium, subject to
review and approval of the City Administrator with consultation of the Police Chief and
City Engineer.
8. The District shall provide plans for securing satellite toilet facilities to the ground, subject
to review and approval of the Building official.
9. Any plans for signage shall comply with Section 401.15.0 of the Zoning ordinance and
be subject to City review and approval.
10. Any plans to replace the existing score board shall be submitted to the City for review
and approval. Any plans to erect a new score board shall require a new application.
11. All landscape and transplanting plans shall be subject to review and approval of the City
Arbori st.
12. Drainage calculations for the proposed changes to the site shall be submitted to the City
Engineer. All grading and drainage plans shall be subject to the review and approval of
the City Engineer and applicable watershed authority.
13. The District has provided material and color samples of the bleachers and press box. The
Planning Commission has recommended bleacher colors in red, black, or silver with
complementary colors for the press box as presented by the District.
14. The District has provided a Parking and Traffic Management Plan for event parking,
detailing when it will be put into effect, and how it will be implemented, subject to
review and approval of the City Administrator, with consultation of the Police Chief and
City Engineer.
15. This approval does not include the future concession/ticket and rest room facility.
Detailed plans would need to be submitted for amended conditional use permit approval
at the time of proposed construction.
16. The amended CUP shall be subject to the review process established in the original CUP
amended to delete any mandatory yearly review of the CUP with language as
recommended by the City Attorney.
3
Recommended by the Planning Commission of the City of Oak Park Heights this 4th day
of March 2002.
John Dwyer, Nice Chair
ATTEST:
Kimberly Damper, Acting City Administrator
E
ATTACHMENT A
That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 west, Washington
County, Mim icsota, described as follows:
Beginning at the Northeast corner 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 34 degrees 17 minutes 12
seconds East along said center line 536.45 .feet; thence South 55 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, Minulesota, described as follows:
Beginning at the Northeast comer 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 line 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 Quarter 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 1383.19 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.
That part of the west 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, Mange 20 west, Washington
County, Minnesota, described as follows:
Commencing at the Southeast corner 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
798438 -I
said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning,
thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West
Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half
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 1923; 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 88 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 corner 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
corner 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 of 91 0.86
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 North-westerly 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
1 10.00 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 line; thence South 34 degrees 17
minutes 12 seconds West along said center line 180.00 feet to the point of beginning, containing
0.71 acres, more or less.
;A 01-9-
Outlot 'A' and Outlot 'B', Kem's Education Addition, as platted and on file and of record in the
Office of the County Recorder of Washington County, Minnesota.
798438 -1 2
Attorneys at Law
ATTI 'LENT B R Profcwionof Limited hibilit. AIn
333 South Seventh Street Telephone • 612 - 340 - 7951
Suite 2000 Fax • 61.2.340.7900
Minneapolis, MN 55402 wWWI.riderlaw.com
RIDER B E N N E TT Jeffrey D. Carpenter
E G A N& A R. U N D E L (C l2) 340 -8935
jdcai
February 1, 2002
BY COURIER
Ills. Iris Danielson
Community Development Director
City of oak Park Heights
14165 oak Park Blvd. N.
Oak Park Heights, MN 55082
RE: Request for Amendment to Conditional Use Permit
Our File: 16981/102
Dear Ms. Danielson:
Enclosed for filing on behalf of Stillwater School District, ISD #534(the "District "), in
the above- captioned matter is a Development Application for an amendment to the Conditional
Lase Permit issued by the City of oak Park Heights on December 10, 1991, as amended, for the
District affecting the Stillwater Area High School facility (the "Application "). Also enclosed is a
check in the amount of $ 1400.00 to cover the Application filing fee ($400.00 Base Fee and
$1000.00 Escrow Amount).
Together with the Application, please find enclosed for filing the following .Application
exhibits:
1. Legal Description (Exhibit A):
2. Property Tax Statements (Exhibit B);
3. Mailing labels for all properties within 500 feet of the property (ExhibitC);
4. Conditional Use Permit Application Addendum (Exhibit D);
5. Stadium Project Preferred Schedule for Discussion (Exhibit E);
6. Site Survey of Parking Stalls (Exhibit F);
7. Stadium Survey 2001 (Exhibit G);
8. Miller Stadium Main Events 2001 (Exhibit H);
9. Football Attendance /Soccer Attendance 1997-2001 (Exhibit I);
Ms. Kris Danielson
Page 2
January 31, 2002
10. Minutes of Neighborhood Meeting (Exhibit J);
11. Parking and Traffic Assessment (Exhibit K);
12. Enrollment Projections (Exhibit L);
13. Public Address Sound System Infarmation (Exhibit M);
14. Sound Impact Assessment (Exhibit N);
15. Three full scale sets of plans (Exhibit O); and
16. Twenty 11 x 17 sets of plans (Exhibit P).
This Application has been filed on even date herewith. As such, we respectfully request
that this natter be docketed for public hearing before the oak Park Heights Planning
Commission at its scheduled hearing date of February 21. , 2002. we also request that a
recommendation be made to the oak Park Heights City Council. so that the natter can be placed
on the agenda of the February 26, 2002 City Council meeting. Per your discussion with my
colleague, India Boulton, we are aware that although you may recommend that it be placed on
the February 26, 2002 City Council. meeting agenda, the City Council may decide not to hear the
natter until the March 12, 2001 meeting because of time constraints.
If for any reason you have any questions with respect to the enclosed Application, please
contact me at (612) 340 -935 or India Boulton at (612) 340 -8945, at your earliest possible
convenience. Thank you very much for your assistance.
Very truly yours,
RIDER., BENNETT, EGAN & ARUNDEL, LLP
By
IVv'B .° J eore Carpenter
Enclosure
cc: Dr. Kathleen Macy
Mr. Mike Brabender
Mr. Lyle Koski
India W. Boulton, Esq.
796575- 1 - 2 -