HomeMy WebLinkAbout2014-132 RESOLUTION NO. 2014-132
CITY OF STILLWATER
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION APPROVING A SPECIAL USE PERMIT
FOR AN OFF-LEASH DOG PARK
LOCATED AT 2000 MYRTLE STREET WEST
CASE NO. 2014-18
WHEREAS, Friends of Stillwater Area Dog Park, Inc, made application to the City of
Stillwater to allow an off-leash dog park to operate on a portion of the City property located at
2000 Myrtle Street West, legally described as follows:
See Exhibit A
WHEREAS, off-leash dog parks are allowed on the subject property, if the City Council
approves a Special Use Permit; and
WHEREAS, on June 11, 2014 the Planning Commission held a public hearing on the
requested Special Use Permit; no public testimony was offered in opposition; the Planning
Commission recommended approval with the conditions found below; and
WHEREAS, on June 23, 2014 the Park Commission considered the requested Special
Use Permit and recommended approval; and
WHEREAS, on July 1, 2014 the City Council held a public hearing on the requested
Special Use Permit; no public testimony was offered in opposition; and
WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to
approve a Special Use Permit, and the City Council finds that:
1. The proposed use conforms to the requirements and intents of Chapter 31 of the City
Code and of the comprehensive plan, relevant area plans and other lawful regulations.
2. Conditions necessary for the public interest have been imposed and included as
conditions of approval in this Resolution.
3. The use will not constitute a nuisance or be detrimental to the public welfare of the
community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby finds that Section 31-207, Subd (d) is satisfied and therefore approves the
Special Use Permit with the following conditions:
1. A 5-6' fence with a double (or triple) gated entry shall be installed.
2. A waste bag dispenser shall be installed by the applicant.
Page 2 of 3
3. Rules of operation shall be posted and maintained in good order and visibility by
the Friends of Stillwater Area Dog Park. Prior to installation, a sign permit shall
be obtained to verify all rules of operation are provided.
4. Hours of operation shall be between 8 am and sunset. The hours of operation
shall be clearly posted.
5. The City will be responsible for snow removal from the parking lot and emptying
the dog waste receptacles. All other maintenance of the facility will be the
responsibility of the Friends of Stillwater Area Dog Park.
6. Dogs on the site are required to be on a leash whenever they are not within the
fenced area of the dog park.
7. Though the dog park is to be improved and maintained by the Friends of the
Stillwater Area Dog Park, the facility shall be open for use by the general public.
8. Upon receipt of verified complaints of substance, the City would schedule a
public hearing to review the Special Use Permit. The Friends of Stillwater Area
Dog Park and neighboring property owners would be notified of the review
hearing, and upon cause conditions could be modified or added, or the Special
Use Permit could be revoked by the City.
9. Should the dog park fall into disrepair, lack of use, or misuse, in the City's sole
opinion, the Special Use Permit would become null and void.
10. The Friends of the Stillwater Area Dog Park must enter into a license agreement
with the City to address maintenance responsibilities, use issues, etc.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of August, 2014.
CITY OF STILLWA
Keir' M ycki, ayor
ATTEST:
/lieeei,ei
Diane F. Ward, Clerk
Page 3 of 3
EXHIBIT A
PT BEG AT 1 1/2 INCH IRON PIPE MARKING INTERS OF E & W &N & S 1/4 LINES
THROUGH SAID SEC & RUNNING THN N ALONG SAID 1/4 LN 526.75 FT TO A 1 INCH
IRON PIPE THN S 88 DEG 20 MIN E 260 FT TO A 1 INCH IRON PIPE THN S 10 DEG 7
MIN E 795.67 FT TO C/L PUBLIC HWY THN S 88 DEG 35 MIN W ALONG C/L OF SAID
PUBLIC HWY 400 FT TO A PT IN N & S 1/4 LINES OF SAID SEC 29 THN N ALONG
SAID 1/4 LINE 274 FT TO PLACE OF BEG EXCEPT: PT E 1/2 BEG AT 1 1/2 INCH IPM
MARKING INTERS OF E & W&N & S 1/4 LINES THROUGH SAID SEC & RUNNING
THN N ALONG SAID 1/4 LINE 526.75 FT TO 1 INCH IRON PIPE THN S 88 DEG 20 MIN E
260 FT TO 1 INCH IRON PIPE THN S 10 DEG 7 MIN E 795.67 FT TO C/L OF PUBLIC
HWY THN S 88 DEG 35 MIN W ALONG C/L OF SAID PUBLIC HWY 400 FT TO PT IN N
& S 1/4 LINES OF SAID SEC29 THN N ALONG SAID 1/4 LINE 274 FT TO PLACE OF
BEG LYING SLY OF LINE 75 FT NLY OF & PAR TO FOLLOWING DESC C/L COM AT
NW COR OF SE 1/4 OF SEC 29 T 30 N R 20 W THN ON ASSUMED BEARING OF S 00
DEG 58 MIN 17 SEC E ALONG W LINE OF SAID SE 1/4 233.05 FT TO BEG OF C/L TO BE
DESC THN S 77 DEG 38 MIN 10 SEC E 633.93 FT THN ALONG TANG CURVE
CONCAVE TO SW 485.52 FT SAID CURVE HAS RADIUS OF 1273.24 FT & CENTRAL
ANG OF 21 DEG 50 MIN 55 SEC THN S 55 DEG 47 MIN 15 SEC E ALONG TANG 438.06
FT THN ALONG TANG CURVE CONCAVE TO NE 588.67 FT SAID CURVE HAS
RADIUS OF 954.93 FT & CENTRAL ANG OF 35 DEG 19 MIN 12 SEC THN N 88 DEG 53
MIN 33 SEC E ALONG TANGENT 655.42 FT TO PT ON E LINE OF SAID SE1/4 SAID PT
BEING 926.64 FT SLY OF NE COR OF SAID SE 1/4 & SAID C/L THERE TERM &ALSO
PT NE 1/4 SW 'A & SE 1/4 NW 1A DESC AS FOLLOWS: BEG AT INTERSECTION OF NLY
R/W LINE OF CSAH 12 & ELY LINE OF SAID NE 'A SW 1/4 DIST 155.97 FT SLY OF NE
CORN OF SD NE 'A SW 1/4 AS MEASUR ALG SAID ELY LINE THN N 1 DEG 00 MIN 05
SEC BEAR ORIEN TO WASH CO COORDINATE SYSTEM SO ZONE ALG SAID ELY
LINE & ELY LINE OF SAID SE 1/4 NW 'A DIST 574.94 FT TO NE CORN OF TRACT OF
LAND DESC IN DOC# 360188 RECORDED IN OFFICE OF COUNTY RECORDER WASH
CO THN S 71 DEG 09 MIN 19 SEC W ALG NLY LINE OF SD TRACT DIST 124.15 FT THN
S 2 DEG 45 MIN 34 SEC W 502.16 FT TO SAID NLY R/W LINE THN S 77 DEG 09 MIN 58
SEC E ALG SAID NLY R/W LINE DIST 155.30 FT TO PT OF BEG SUBJ TO EASE,
SECTION 29 TOWNSHIP 030 RANGE 020