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HomeMy WebLinkAbout2018-201 (Special Use Permit Resolution 2003-241 for Stillwater Mills on Main 350 North Main Street CPC Case No. 2018-11) RESOLUTION 2018-201 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING SPECIAL USE PERMIT RESOLUTION 2003-241 FOR STILLWATER MILLS ON MAIN 350 North Main Street CPC CASE NO. 2018-11 WHEREAS, on November 18, 2003 the Stillwater City Council adopted Resolution 2003-241 which approved a Special Use Permit for the Stillwater Mills on Main project located at 350 North Main Street; and WHEREAS, Resolution 2003-241 includes 18 conditions, one of which (Condition 6j) states that "All parking shall be available for use by the general public during the hours when the business in not operating", and WHEREAS, Condition 6j applies to the 73 parking stalls in the garage associated with the commercial properties on the site; and WHEREAS, Patrick Juetten, as a representative of Stillwater Mills Commercial Partners, LLC, the owner of the commercial properties, Stillwater Mills on Main Commercial Association, the tenant of the commercial garage and the commercial garage users, RBC Wealth Management and RE/MAX Professionals, requested that Condition 6j be deleted from the Special Use Permit; and WHEREAS, on May 17, 2018 the Stillwater Downtown Parking Commission considered the request and found that: 1) improvements have been made to the public parking system within the immediate neighborhood of the Mills on Main facility, and the need for additional public parking is no longer as critical as it was in 2003; 2) the commercial and residential properties at 350 North Main Street have sufficient parking in their two garages to exceed the amount of parking required by the City Zoning Code; and therefore recommended that the City Council delete the condition; and WHEREAS, on June 5, 2018 the City Council held a public hearing on the request and received public testimony, and at the time agreed that the design of the commercial space was not intended for use by the general public, but none the less believed that based upon the agreement of the developer to allow public use of the commercial Case No.2018-11 Page 2 of 2 garage that the property owner thereby still has a responsibility to compensate for the impact of losing the potential part time use of the garage by the public; and WHEREAS, on August 21, 2018 the commercial property owner and commercial association and the City Council agreed that fair compensation to mitigate loss of part time public parking use would be a payment of$30,000. WHEREAS, the commercial property or the commercial association shall pay $30,000.00 on the following schedule: $24,000.00 on or before September 18, 2018; and $6,000.00 on or before November 15, 2018. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, based on the findings recited above, and in consideration of the payment of the $30,000.00, hereby deletes Condition 6j of Resolution 2003-241, and the condition shall be of no further force and effect. Enacted by the City Council of the City of Stillwater, Minnesota this 4th day of September, 2018. CITY OF ST LWATER k72 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk