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HomeMy WebLinkAbout2002-09-19 WC Recorded Document #3263870 - 3rd CUP Amendment & VarianceSTATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) 1, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the attached document: with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 3 I st day of July, 2002. Third Amendment to Conditional Use Permits & Variance For Stillwater Area High School/Independent School District #834 NOTICE OF CERTIFICATION Kimberly K mper Acting City Administrator 11 11 11 Certified filed and/or recorded on: 2002109119 2:26:00 PM 11 1 3263870 1 fT 5101 :SI, 11 1 3263870 Office of the County Recorder Washington County, MN Cindy Koosmenn County Recorder 11 Il Owner: Stillwater Area High School/ Independent School District No. 834 Address: 1875 South Greeley Street Stillwater, Minnesota 55082 General Description: CITY OF OAK PARK HEIGHTS THIRD AMENDMENT TO CONDITIONAL USE PERMITS AND VARIANCE FOR STILLWATER AREA HIGH SCHOOL/ INDEPENDENT SCHOOL DISTRICT NO. 834 File No.: ,798.02-02.01 Date Issued: 03.26.02 Legal Description: (Washington County Geo. Code 06-029-20-41-0002) See Exhibit "A" attached hereto Present Zoning District: "0" Permitted uses set forth in Ordinance 400 Section 401.01 et. sec, I. CONDITIONAL USE PERMIT FOR: All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. 1. Amendment is granted to the Conditional use Permit as issued to allow the construction of a High School Stadium including 90 foot high light poles with 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. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Third Amendment to Conditional Use Permit and Variance to be issued herein shall be: 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 401.15.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. The Tight fixtures shall be subject to City staff review and approval prior to and after installation to assure compliance with the Zoning Ordinance and the conditional use permit. 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. 5. A lighting plan shall be provided by the District indicating provisions for lighting the area between the parking Tots to the entrance gates and bleachers. The plan shall be subject to review and approval of the City Council, City Engineer, and staff. All light fixtures for the stadium entrance gate and bleachers shall be subject to City staff review and approval prior to and after installation to assure compliance with the Zoning Ordinance and the conditional use permit. 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.G 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 Arborist. 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. The City reserves the right to readdress the parking and traffic management plan and/or the on and off-site parking requirements in such a manner that will promote the public health, safety and welfare of the community. In its review, the City may require the District to add additional on-site parking to accommodate highly attended events. 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. The District shall abide by State laws in providing necessary rest room facilities, subject to future review by the City Council. Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: Date: By And Its David Beaudet Mayor -'571 r PARK 11 GHTS Kimberly Kamper Acting City Administrator Independent School District 834 Date: B &It'd- 02 c) By Its 4 i n 0 • ;,; CO t* • , , • • ---- , •■■ i et • "I 1_ I , 1 • ATTACHMENT A 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 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, Minnesota, 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 Bast 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, Range 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 798438-1 AND West Half of the Southwest Quarter a distance of 173120 feet to the point of beginning; said W thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West Quarter Half of the Southwest a distance of 1325.39 feet to the Westerly line of said West Half Southwest Quarter; thence South 88 degrees 54 minutes 15 seconds West parallel with the of the S 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 feet; enter 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 Highway p 'ne of Trunk Hi hwa 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 1 g 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 comer of said West g Haf of the Southwest Quarter; 1 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 of 910.86 feet to the point of beginning. EXCEPT that p art 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 p art 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 g y 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 g 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 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. AND Outlot 'A' and Outlot '13', Kern'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