The URL can be used to link to this page

6/15/2022 - Planning Commission - Regular - Agendas CITY OF SPRING PARK PLANNING COMMISSION AGENDA JUNE 15, 2022 — 6:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 9Kinnetonka 1. CALL TO ORDER 2. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from May 11, 2022 3. PUBLIC HEARINGS) —THE YACHT CLUB a. Zoning Code Text Amendment to the C4 zoning district b. Conditional Use Permit Request for hotel & restaurant with outdoor dining 4. ADJOURNMENT CITY OF SPRING PARK PLANNING COMMISSION MINUTES MAY 115 2022 — 6:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Planning Chair Hoffman and Commissioners Avalos, Homan, Mason, and Terryl were all present. Staff Present: Interim City Administrator Brimeyer, City Planner Brixius 2. ROLL CALL— Interim Administrator Brimeyer conducted roll call. 3. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from April 13, 2022 CommissionerAvalos motioned, being seconded by Commissioner Terryl to approve the minutes as presented. On vote being taken, the motion was unanimously approved. Chair Hoffman suggested we would move forward with videotaping the Planning Commission minutes, along with posting the minutes on the website like the Council meeting minutes. 4. CONSIDERATION/DISCUSSION ITEMS a. Parlor Food Trailer—Business Case for Permanent Food Truck at Back Channel i. City Planner Brixius summarized the request from Back Channel regarding the permanent, full time, food truck. Discussion was had. Several questions and concerns were brought forward regarding parking, storage location, and hours of operation. All Commissioners agreed to have Brixius request further detail and plan information from Back Channel to get a better understanding of how the operation will run. b. Wilkes Park Arbor honoring Megan Pavot i. Brimeyer provided a few options for the Arbor. Commissioner Mason said he wanted more of a black rod iron v. wood. Brimeyer said he will go back to Norling's to see what they have. c. June date for Planning Commission for Public Hearing i. The regularly scheduled Planning Commission meeting on June 8th will be moved to June 15th to allow for a Public Hearing for a zoning code text amendment from The Yacht Club and allow for a conditional use permit to allow a hotel and restaurant with outdoor dining. d. Update on Park/City Hall signs i. Signs are still production. e. Compensation for Planning Commission Members i. Commissioner Mason brought forward his recommendation for compensation to the Planning Commission. He stated he believes this might generate more interest in obtaining/retaining members. Chair Hoffman asked what amount Mason was suggesting for payment, Mason did not really know but stated maybe $75.00/month. Commissioner Mason motioned for Planning Commissioners to receive compen ation. No second was obtained. Motion denied. f. Election of Officers i. Commissioner Mason brought forward the Election of Officers for the Chair and Vice Chair positions. Commissioner Homan stated he does not see a need for a change as he feels Chair Hoffman is doing a great job. Commissioner Homan motioned, being seconded by Commissioner Avalos for Chair Hoffman to continue as Chair of the Planning Commission. On vote being taken, the motion was unanimously approved. Chair Hoffman motioned, being seconded by Commissioner Terryll,for Commissioner Homan to continue as Vice Chair of the Planning Commission. On vote being taken, the motion was unanimously approved. 5. MISCELLANEOUS a. Interviews with City Administrator Finalist Candidates —Tuesday, May 10th — 12:45 — 4:OOPM i. Chair Hoffman provided an update on the candidate interviews and selection process. 6. ADJOURNMENT There being no further discussion, Chair Hoffman motioned, being seconded by Commissioner Terryll to adjourn the meeting at 7:33p.m. On vote being taken, the motion was unanimously approved. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Jim Brimeyer FROM: Alan Brixius DATE: June 9, 2022 RE: The Yacht Club Hotel and Business Suite • Site and Building Plan Review • Conditional Use Permits for Hotel, Restaurant and Accessory Outdoor Dining FILE NO: 175.01 - 22.01 BACKGROUND Olsen Globel, LLC has submitted plans calling the conversion of the existing Lake Minnetonka Yacht Club located at 4165 Shoreline Drive into a lakefront boutique hotel. The proposed hotel project includes the following components: • 26 hotel suites with south facing views • A 1,440 square foot restaurant with accessory outdoor dining (the existing deck will be utilized). A maximum of 150 seats will be provided (78 indoor and 72 outdoor) • A yacht Club with 32 seasonal boat slips for members. • A new sun deck which measures approximately 2,500 square feet in size • An "infinity edge" swimming pool which will be available for year-round use • A "business suite" for collaborative working activities 3966 sq. ft. The 1.47-acre subject site is presently zoned C-4, Office Commercial. The C-4 District was specifically created to accommodate uses which transition between residential uses and more intense uses. The district presently lists "yacht clubs" as a permitted conditional use but does not however, make an allowance for hotels, restaurants and accessory outdoor dining activities such as that proposed by the applicant. Prior to taking formal action the applicant's development request, a zoning text amendment to the C-4 District must be processed and approved which makes an allowance for hotels, restaurants and accessory outdoor dining activities. The zoning district amendment will be processed as a separate but contingent action item. If City Officials approve the C-4 District amendment (to make an allowance for the proposed hotel, restaurant and accessory outdoor dining activities as conditional uses in the district (subject to various conditions), the following approvals will be necessary: 1. Conditional use permit for hotel use 2. Conditional use permit for restaurant use 3. Conditional use permit for accessory outdoor dining Attached for reference: Exhibit A: Applicant Narrative Exhibit B: Site Survey Exhibit C: Site Plan Exhibit D: Building Perspectives Exhibit E: Building Floor Plans Exhibit F: Noise Study Exhibit G: Truck Maneuvering Diagram ANALYSIS Zoning. As previously indicated, the subject site is zoned C-4, Commercial Office which presently does not make an allowance for hotels, restaurants or accessory outdoor dining activities. In conjunction with this application, a draft Zoning Ordinance amendment has been prepared consideration by the planning commission and City Council, if approved, the amendment makes an allowance for such activities by conditional use permit and subject to various conditions. Approval of the referenced amendment must precede action on the conditional use permit requests which are specific to the subject site. Hotel Use. The draft Zoning Ordinance amendment would make an allowance for "hotels" in the C-4 District subject to various conditions. The following is a listing of the various conditions which must be satisfied followed by related Staff comments: a. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with section 42-67 of this Code, and shall be subject to the approval of the City Engineer and/or Hennepin County, as applicable. Staff Comment: The subject site is presently accessed via a single, 28-foot-wide curb cut along Shoreline Drive. No site access-related changes are proposed as part of this development application. Thus, the proposed hotel would utilize the existing site access. 2 The existing curb cut has obstructed views of eastbound traffic. Measure to improve traffic visibility at this location should be pursued. Access-related issues will be subject to comment and recommendation by the City Engineer and/or Hennepin County. b. Parking. The site shall provide adequate parking as listed in this subsection. 42-428 (5) (b) and per section 42-67 of this Code. Hotel parking shall not interfere with on-site circulation or other uses sharing the site. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. Parking requirements are as follows: 1. One space per hotel room and one space per hotel employee. 2. Parking for ancillary uses such as office space, conference rooms shall be calculated per section 42-67 of this Code. 3. At least one parking stall shall be provided for every three boat slips accessory to the hotel. 4. All on-site parking shall meet the design standards of section 42-67 of this Code. 5. The site plan shall illustrate the required disability parking. Staff Comment: Presently, 111 off-street parking spaces exist upon the subject site, one of which is reserved for disability parking. As calculated below, a total of 110 off-street parking spaces of required of the proposed use: Use Ratio Required Spaces Hotel 26 rooms 1 space per room 26 Office 3,966 s.f. 1 space per 200 s.f. 18 Hotel staff not included in 1 space per 1 office calculation 1person) employee Restaurant 150 seats 1 space per 3 seats 50 Kitchen 560 s.f. 1 space per 80 s.f. 7 Boat Slips 30 slips) 1 space per 3 slips 10 Total 112 The submitted site plan appropriately illustrates 110 off-street parking stalls, five stalls of which must be reserved and designed as disability parking. The uses withing the building will need to be adjusted meet the available parking supply. 3 On-street and/or off-site parking are not available to supplement the required parking for the proposed use. The on-site parking must be adequate for the peak demand of the uses on the site. While parking stalls and drive aisles meet the minimum dimensional requirements of the Ordinance, the submitted truck maneuvering diagram (Exhibit G) reveals that semi-trailer truck maneuvering routes on the site may encroach upon curb islands located to the west and northwest of the building. To provide additional maneuvering space for large truck deliveries, the size/configuration of the two row end parking islands which are located in close proximity to the delivery truck route should be reduced in size and/or reconfigured to eliminate potential intrusion. c. The hotel site plan shall illustrate all outdoor activity areas and amenities accessory to the hotel. Outdoor activity areas shall be designed to screen these areas from adjoining residential properties. Outdoor activity areas may be located within the required shoreland setback provided: 1. The site meets the lot coverage requirements of subsection 42-429 (5) of this Code. Staff Comment: Section 42-429 (5) of the Zoning Ordinance states that impervious surface coverage may not exceed 75 percent of the total lot area provided all structures, additions or expansions shall meet setback and other requirements of the Ordinance and that all development plans are reviewed and approved by the City Engineer and the Lake Minnetonka Conservation District. The submitted plans do not indicate either the existing impervious surface coverage percentage upon the site or the percentage proposed as part of the current development proposal. As a condition of conditional use permit approval, the existing amount of impervious surface coverage on the site may not exceed 75% of the total lot area. Applicant shall provide a hard cover calculation in the current site and with the proposed site improvements. Compliance with this requirement must be documented by the applicant. As previously indicated, a sun deck measuring approximately 2,500 square feet in size (63' x 40') is proposed as a hotel amenity. In review, the following concerns suggest that the size of the proposed deck may be excessive: 1. The removal of significant trees will be necessary to accommodate sun deck construction. 4 2. The deck will encroach into a shoreland area which exhibits severe slopes. Thus, significant slope stabilization efforts will be necessary. 3. The size of the deck raised concerns related to impervious surface coverage and the management of stormwater runoff. The Planning Commission should provide feedback to the applicant regarding the acceptability of the sun deck's size and location. If the Commission shares the above highlighted concerns and believes the sun deck should be subject to further evaluation, Staff recommends that the following conditions be imposed as conditions of conditional use permit approval: 1. The area of the sun deck be reduced in size by approximately one- third (from approximately 2,500 square feet to approximately 1,700 square feet). 2. The deck maintain a minimum 10-foot setback from the ordinary high water level of Lake Minnetonka. 3. The applicant submit detailed construction plans for the proposed sun deck, including, but not limited to deck design, materials, slope stabilization and vegetive removal and tree preservation efforts. 4. A six-foot-high screen wall be provided on the north side of the sun deck. 5. The sun deck must have a design and materials which allows for the passage of water. 6. Alcohol service and consumption on the sun deck comply with applicable liquor license requirements. 2. Outdoor activity areas are designed and located to screen these areas from adjoining residential uses. Staff Comment: Outdoor activity areas on the site include the sun deck, the outdoor dining area, the infinity pool and three hammock lounge areas. Recognizing that residential uses border the subject site to the west, proper screening along the subject site's west property line is of the utmost importance. The west side of the site is presently screened via mature oak trees, a row of Pine trees and fencing. As mentioned previously, Staff recommends 5 that a six-foot-high screen wall be provided on the north side of the sun deck such that it will be properly screened from adjacent residential uses. 3. The hotel shall demonstrate accessible points of access to all accessory outdoor activity areas including docks accessory to the hotel. Staff Comment: The submitted site plan illustrates circulation routes to proposed outdoor activity areas. As a condition of building permit issuance, all applicable American Disability Act (ADA) requirements will need to be satisfied. 4. Docks accessory to the hotel shall be permitted by the Lake Minnetonka Conservation District. Staff Comment: According to the submitted site plan, some existing docks are to be relocated. As a condition of conditional use permit approval, all docks associated with the proposed hotel use must be subject to review and approval by the Lake Minnetonka Conservation District. 5. All trash, recycling handling equipment shall be stored within the principal building or within a trash enclosure that screens the equipment from public streets and adjoining properties. Staff Comment: According to the submitted site plan, a gated, exterior trash handling area presently exists at the at the northwest corner of the building. No changes to the existing trash handling area are proposed. Question exists whether the trash and recycling needs of the proposed use may differ from the previous use. Thus, as a condition of conditional use permit approval, the trash handling area must be properly sized to accommodate the needs of the proposed use - which may include a grease container associated with the restaurant use. 6. Loading Area. The hotel site shall provide an on-site loading area designed to accommodate delivery vehicles. Staff Comment: Delivery activities are expected to occur near the northwest corner of the building. The submitted truck turning diagram illustrates an ability for large delivery vehicles (50 foot long) to maneuver within the site (for deliveries). 6 Restaurant Use. The draft Zoning Ordinance amendment would make an allowance for "restaurants" in the C-4 District subject to various conditions. The following is a listing of the various conditions which must be satisfied as well as related Staff comments: a. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 42-67 of this Code and shall be subject to the approval of the City Engineer and/or Hennepin County, as applicable. Staff Comment: See previous comments on the Hotel access. b. Parking. The proposed building shall provide adequate parking as listed in this subsection 42-428 (6) (b) and per section 42-67 of this Code. Restaurant parking shall not interfere with on-site circulation or other uses sharing the site. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. Parking requirements are as follows: 1. One stall per 3 restaurant seats. 2. One stall per 80 square foot kitchen space. Staff Comment: See comments regarding parking for the entire site.. c. Loading Area. Restaurant site shall provide an on-site loading area designed to accommodate truck and trailer delivery vehicles with a length of 50 feet or more. Alternatively receive written confirmation from suppliers that only smaller vehicles or delivery vans will be used. Restaurant site plans shall demonstrate site access, egress and maneuvering through site without interfering with on-site parking. The restaurant site shall provide adequate space for off-street loading and unloading of all trucks serving the site per Section 42-68 of this Code. Staff Comment: The submitted truck maneuvering diagram (Exhibit G) reveals that semi-trailer truck maneuvering routes on the site may encroach upon curb islands located to the west and northwest of the building. To provide additional maneuvering space for large truck deliveries, the size/configuration of the two row end parking islands which are located in close proximity to the delivery truck route should be reduced in size and/or reconfigured to eliminate potential intrusion. d. All trash, recycling, grease trap handling equipment shall be stored within the principal building or within a trash enclosure that screens the equipment from public streets and adjoining properties. 7 Staff Comment: The hotel and restaurant will share the existing exterior trash handling area located at the northwest corner of the building. See comments under hotel trash enclosure. e. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article lll, Section 18-122 of this Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels: 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. iii) Noise levels a duration of 6 minutes or more in excess of what is allowed will alert the on-site management to take immediate actions to reduce the noise levels at the site. 2. These restrictions shall not apply if granted a special event permit approved by the City with an explicit, written exemption from noise standards. 3. In the event of the applicant receiving four(4) documented complaints, the City Council reserves the right to limit hours of outdoor operations. This subsection 42-428 (6) (e) (3) does not limit the City's ability to revoke a conditional use permit. Staff Comment: The applicant has proposed the use of new technology to monitor decibel levels on the property and send notification alarms to their property management team when sound levels exceed the maximum allowed threshold. Other noise mitigation efforts proposed by the applicant include the following: • The use of"creative screening" between the subject site and the high- density residential use to the west. • The use of Bluetooth headphones by hotel patrons who choose to watch outdoor movies. • The location of outdoor dining, music and beach activities at a much lower grade elevation than the adjacent apartment building. 8 • The scheduling of outdoor activities in the summer months when tree leaves provide an effective visual screen. • A speaker system which utilizes more speakers at lower decibels and in closer proximity to the desired audience. • Directional speakers which point toward the ground (away from the neighboring apartment building). • A requirement that noise generating activities must terminate at 10:00 p.m. • The business will comply with closing time requirements as provided in the City Code. In response to the applicant's noise mitigation efforts, Planning Staff recommends the following: 1. While the applicant's noise mitigation ideas are appreciated, a formal noise mitigation plan (document) should be submitted for City review and approval. 2. As a new technology, some uncertainties exist regarding the use of a decibel monitoring system. The applicant has submitted a testimonial from Minnestay Vacation Homes. LLC which endorses a system similar to that proposed by the applicant. It is however, recommended that this technology be investigated further by the City before endorsing its use. 3. It is unclear what is intended by "creative screening." This should be clarified by the applicant. 4. Consideration be given to the planting of additional coniferous trees (or the relocation of existing coniferous plantings) along the subject property's western boundary to ensure a year-round visual screen. 5. As a condition of conditional use permit approval, the City impose a maximum decibel level requirement for documentation purposes. In this regard, it is recommended that noise produced upon the subject site not exceed 65 dBA during daytime hours (7:00 am - 10 pm) and 55 dBA during evening hours (10 pm — 7:00 am) as measured from all property lines. 6. Collected noise monitoring data shall be shared monthly with the City to establish a record of noise levels and to track noise complaints and violations. Accessory Outdoor Dining Use. The draft Zoning Ordinance amendment would make an allowance for "outdoor dining accessory to a restaurant" in the C-4 District subject to various conditions. The following is a listing of the various conditions which must be satisfied as well as related Staff comments: 9 a. A site plan and other pertinent information shall be submitted demonstrating the location and type of all tables, refuse receptacles, and wait stations. Staff Comment: The submitted lower-level floor plan appropriately illustrates the restaurant's interior table locations. The location tables within the outdoor dining area have not, however, been illustrated. As a condition of conditional use permit approval, outdoor table locations should be illustrated on the site plan or a site plan detail. b. The outdoor dining area shall be fenced according to the requirements of Section 42-64 (i) of this Code, to define its boundaries and access to the outdoor dining area be provided only via the principal building. Staff Comment: The submitted site plan does not indicate whether or not the outdoor dining area is to be fenced. As a condition of conditional use permit approval, the outdoor area must be fenced, and the site plan should be revised accordingly to specify the location, type and height of such fencing. c. The size of the outdoor area is restricted to no more than thirty(30) percent of the total floor area within the principal structure. Staff Comment: The proposed outdoor dining area measures approximately 1,800 square feet in size which is considerably less than 30 percent of the three- story principal building. d. The outdoor dining area shall be screened from view from adjacent residential uses in accordance with subsection 42-646f) of this Code. Staff Comment: See previous comments related to screening. e. All exterior lighting shall be totally screened or consist of ninety-degree (90°) cutoff light fixtures with a shielded light source directed so that the light source shall not be visible from the public right-of-way away or adjacent residential properties and shall be in compliance with subsection 42-63(h) of this Code. Staff Comment: According to the applicant, lighting upon the subject property will be directional and hooded such that the light source is not visible from the neighboring apartment buildings. As a condition of conditional use permit approval, the applicant should submit a photometric lighting plan and examples of the proposes light fixtures which 10 demonstrates compliance with the requirements of Section 42-63 (H) of the Ordinance. f. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article Ill, Section 18-122 of the Spring Park City Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels: 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. iii) Noise levels for a duration of 6 minutes or more in excess of what is allowed will alert the on-site management to take immediate actions to reduce the noise levels at the site. 2. These restrictions shall not apply if granted a special event permit approved by the City with exemption from noise standards. 3. In the event of the applicant receiving four(4) documented complaints, City Council reserves the right to limit hours of outdoor operations. This subsection 42-428 (7) (0 (3) does not limit the City's ability to revoke a conditional use permit. 4. Outdoor electronically amplified audio speaker shall be designed and located to direct sound toward the principal building on the site and away from adjoining properties. Property owner shall control volumes to prevent noise levels at the property lines that exceed the City standard outlined in Chapter 18, Article Ill, Section 18-122 of the Code. Staff Comment: See previous noise-related comments. g. The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1. Outdoor area shall be segregated from through pedestrian circulation by means of fencing. 11 2. Minimum clear passage zone for pedestrians at the perimeter of the facility shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, streetlights, parking meters, or the like. 3. Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk. Staff Comment: To demonstrate compliance with the aforementioned provision, the site plan should be modified to illustrate table and pedestrian aisle locations within the proposed outdoor dining area. h. The outdoor area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. Staff Comment: The existing deck has a wood floor. i. A minimum width of 36 inches shall be provided within aisles of the outdoor area. Staff Comment: To demonstrate compliance with the aforementioned provision, the site plan should be modified to illustrate table and pedestrian aisle locations within the proposed outdoor dining area and the required 36-inch minimum aisle width. j. Refuse containers are provided for outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. Staff Comment: The preceding requirement will be made a condition of conditional use permit approval. k. Property owners shall pick up litter within one hundred feet(100) of the patio area. Staff Comment: The preceding requirement will be made a condition of conditional use permit approval. 1. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. 12 Staff Comment: The preceding requirement will be made a condition of conditional use permit approval. Other Issues Setbacks. Required structure setbacks in the C-4, Commercial Office are as follows: • No less 30 feet where abutting a County street. • Except as provided below, not less than 10 feet on any side yard • No less than 20 feet on any side yard abutting residentially zoned property. No less than 50 feet from the ordinary high-water level (OHWL). To be noted is that the Ordinance does allow water-oriented structures within the 50-foot shoreland setback area. No physical expansions to the existing principal building are proposed. The proposed "infinity" pool, located south of the building, will encroach within the 50-foot OHWL setback requirement. As shown on the submitted site plan, the proposed sun deck is located along the OHWL. As mentioned previously, Staff recommends that the sun deck be reduced in size and be set back a minimum of 10 feet from the OHWL. Hammock Lounges. The submitted site plan illustrates seven "hammock lounges" near the shoreline. Four of the lounges are located south of the sun deck and three are located east of the "infinity pool" near the southeast corner of the building. Construction of the proposed "infinity pool" and "hammock lounges" will require removal of some significant trees. In an effort to save significant trees on the site and minimize slope disturbance, it is recommended that the three "hammock lounges" located near the southeast corner of the building be eliminated and the size of the sun deck be reduced. Landscaping. While the site plan indicates that five existing "high value" trees are to be protected during construction activities and remain on the site, it is not clear if any new landscaping efforts are proposed. The site plan shows landscape screening between the sun deck and the west lot line. The plan does not include details on what this new landscaping consists of or how it may relate to the steep slope in this area of the site. If any new landscaping is proposed, a landscaping plan showing number, species, size of proposed plantings shall be submitted subject to City review and approval. 13 Grading, Drainage. The construction of the sun deck raised Issues related to grading, and slope stabilization. Details related to the sun deck design must be submitted or review and approval of the City. Utilities. The conversion of the building from office to hotel / restaurant will require extensive alterations to building plumbing and water supply. While the municipal utilities have capacity for the change of use. The building improvements will require extensive building permit review and the change of occupancy will require the payment of additional SAC / WAC charges for the increase in water usage. RECOMMENDATION Based on the preceding review, Planning Staff believes a number of issues must be addressed in greater detail prior to the Planning Commission making a formal recommendation on the submitted application. As a result, Planning Staff recommends that action on the application be continued to the Planning Commission's July meeting to allow the applicant time to address issues and prepare/assemble additional information as highlighted in summarized below. While three individual conditional use permits are required for the Yacht Club conversion, we have combined our conclusion and recommendation to cover the site rather than the individual conditional use permits below. 1. The Planning Commission and City Council considers and approves the C-4 District amendment which would make an allowance for hotels, restaurants and accessory outdoor dining activities in the district as conditional uses. Through the review process the Planning Commission and City Council may choose to further edit the proposed draft code amendment. 2. Investigate and implement means for improving traffic sight lines at the site curb cut. 3. The proposed uses shall be adjusted to meet the required parking standards. On-street and/or off-site parking shall not be used to accommodate parking demands generated by the proposed use. 4. To provide additional maneuvering space for large truck deliveries, the size/configuration of the two row end parking islands which are located in close proximity to the delivery truck route be reduced in size and/or reconfigured to eliminate potential intrusion. 5. The existing amount of impervious surface coverage on the site shall not exceed 75 % of total lot area or existing conditions whichever is greater. Documented compliance with this requirement shall be provided by the applicant. 14 6. The following conditions related to the proposed sun deck shall be satisfied: A. The size of the sun deck shall be reduced in size by approximately one- third (from approximately 2,500 square feet to approximately 1,700 square feet). B. The sun deck shall maintain a minimum 10-foot setback from the ordinary high water level of Lake Minnetonka. C. The applicant shall submit detailed plans for the proposed sun deck, including, but not limited to, deck design, deck screening tree removal and slope stabilization efforts. D. A six-foot-high screen wall shall be provided on the north side of the sun deck. E. The sun deck design shall allow for the passage of storm water. F. Alcohol service and consumption on the sun deck shall comply with applicable liquor license requirements. 7. All applicable American Disability Act (ADA) requirements shall be satisfied. 8. All docks associated with the proposed hotel use shall be subject to review and approval by the Lake Minnetonka Conservation District. 9. The following conditions related to noise mitigation efforts shall be satisfied: A. A formal noise mitigation plan (document) shall be submitted subject to review and approval by the City. B. The proposed decibel monitoring system proposed by the applicant be investigated further by the City, before endorsing its use. C. The applicant shall clarify what is intended by "creative screening." D. Consistent with City Code requirements, noise produced upon the subject site shall not exceed 65 dBA during daytime hours (7:00 am - 10 pm) and 55 dBA during evening hours (10 pm — 7:00 am) as measured from all property lines. E. Noise monitoring data shall be shared with the City on a monthly basis to establish a data basis for noise patterns, complaints and violations. 15 10. A floor plan for the outdoor dining area shall be provided showing table and seating layout, required 36-inch-wide aisle locations, wait stations, trash receptacles, etc. 11.The outdoor area shall be fenced and gated to control access. Detail on railings and gates must be provided. 12.The applicant shall submit a photometric lighting plan which demonstrates compliance with the requirements of Section 42-63 (H) of the Ordinance. 13.Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. 14.In an effort to save significant trees on the site and minimize slope disturbance, the three "hammock lounges" near the southeast corner of the building be eliminated and the sun deck be reduced in size. 15.If any new landscaping is proposed, a landscaping plan shall be submitted subject to City review and approval. cc. Kelly Olson Molly Lang Scott Qualle Jamie Hoffman Mark kozikowski 16 The Yacht Club Hotel & Business Suite Updated Proposal Edited 61412022 Executive Summary As the only direct lakefront hotel on Lake Minnetonka,The Yacht Club Hotel & Business Suite is uniquely positioned to draw visitors to the shores of Spring Park Bay. With opportunities to work, play, relax, and stay the project is sure to be a success for both the City of Spring Park and it's residents. Continuing with The Yacht Club brand,we will do our best to honor the history of the site and to maintain it's natural features while enhancing opportunities for the public to enjoy them. We welcome the opportunity to partner with the City on things like 4th of July fireworks, swimming lessons, National Night Out, and boater safety classes in addition to business mentorship opportunities within the business suite. Finally, as Executive Producer of the reality series, Miss INNdependent, I would love to document the revitalization of the space and use it to promote both the project and the City of Spring Park. My recently completed project at The Guest House in Excelsior has been airing on KSTP for the past several weeks and has an average reach of 23,000 households per broadcast. I have meetings lined up with HGTV and Magnolia Networks next week to discuss future television distribution and streaming options on a national scale and have begun documenting The Yacht Club acquisition and approval process for a potential follow-up series. Construction Construction for the project will be divided into two distinct phases. Pending approval, Phase I would begin in the fall of 2022 with a targeted completion date in the spring of 2023. Phase II to be determined by existing leases and future demand. Phase I Interior: Interior changes will consist of up to 14 hotel suites located on the second floor of the building, a co-working business suite for tenants and hotel guests located on the first floor, and a 150 seat caf6/coffee shop and restaurant with approximately 78 indoor seats on the lake level of the building. Exhibit A: Applicant Narrative Exterior: On the exterior,we will update the patio furniture to comply with the proposed 72 seat outdoor dining capacity and 36" designated walkways.We will also add weather resistant recycled plastic Adirondack chairs and lounge seating throughout the property,as well as a recycled shipping container pool and spa for year round use.Umbrellas and any cushioned seating will be kept in the existing indoor storage areas for the winter,but the other seating will be kept in place for year round use. The parking lot will be updated to include 5 ADA parking spaces with a new staircase,ramp and lift to provide ADA access to the dock and beach below.This area will also provide a quiet place to read or sunbath and will include built-in seating for small wedding ceremonies,yoga,writing retreats, and outdoor movies. Incorporated into the plan you will find a large screen and additional landscaping to address sound and lighting mitigation requests for the project. General. We will incorporate new technology to provide both in person and contactless check-in options for the hotel and business suite.We will deploy indoor and outdoor noise monitoring and crowd detection devices to insure that there are no disturbances or unauthorized parties or events taking place at he hotel. In this phase of the project the front desk will be staffed from 8:30am to 5:30pm,seven days a week with restaurant staff available until 10:OOpm and on-call property management 24 hours a day. Phase II Interior. Phase II is an optional expansion of the hotel to include up to 12 additional suites on the first floor and lake level of the building.We would assess the need for this expansion as existing commercial spaces become available. Exterior: Option to add suspended decks to the three,second story suites that don't currently have deck access. General: In this phase of the project,we would add an onsite hotel staff member 24 hours a day to supplement the remote afterhours management team in place. Boat Slips I've reached out to both Hennepin County and Minnetonka Edgewater Apartments to discuss a shared shoreline agreement for additional transient slips needed for The Yacht Club. I've spoken with the LMCD and have a meeting scheduled with them prior to the June 15th public hearing.I will share any new information from that meeting as it becomes available. Following my conversations with the neighboring property owners, I have had our engineer update the site plan to reflect the proposed designs in the attached site plan. Key takeaways: • The shared shoreline agreement(s) would create up to 16 additional slips and extend the existing dock from 100'to 200'in length. • The new configuration would relocate the eight slips that are closest to Minnetonka Edgewater Apartments to the exterior dock section,moving them 100' further away from the apartments. • The additional docks would be transient in nature and would be used by restaurant patrons and overnight hotel guests. • Transient slips will include paid parking meters to avoid extended use of transient boat parking privileges. Included in this packet: • Updated PowerPoint • Updated site plan • 50'truck turn radius • Comments on the proposed C4 zoning amendment • Property manager's testimony regarding noise-monitoring equipment • Recycled shipping container pool (Modpool) specs and photos • Link to initial sound testing video https:/.Iyoutu.be/zLyL40a9N9I Oct as f7i co) IM 10 A=lj --------------- -------- it I m �� i �#�� rf ��7, [g� ��•r�� F t ; Q (t��}t�ll7�l� d[��d � r = � [i fib � � � fit I C11-:19 10— X:\2011\210025.7\1p,vey\o!to\2'0025Wt,.d.g u11 DB. 7021 -3.17p, ➢rawno na a %\2021\]t OC23.]\oicn aneety\2t OOJSaita ew un 03. 2022—lt�nm lit Im � �el pl 11 81\ I€ Sul 1,J aid jj 1 � 1 ilk 1 @s Ir � !d as I r I m j1 j�a� p j� E�� p .11 z III; fit 9 € I ° 9 ' T T ° (;�� THE YACHT CLUB r� ; SIRS SHORELINE DRIVE SPRING PARK,NINNESONESOTA 55381 rm yy C D_ 0 = ■ }5 l�E R a tl 7 €'• 5 I'3It SITE PLAN 8 8 9 i a I .e at . ■•1 ��r•i � f �' I I• ;I A I • f I Exhibit D: Building Perspectives { �11•4T ,.fir � 4d I 1` �4 1 .+ r�s .}1w,I •' w 5' TFF -9 40, mom aft /i zf� Ln b; E T cn , gym m 0 � j it 1Y AN rift a u►�41u1t{� r�nss It t� ji.�itnr��, 74 iJUIjU,t1 iU ,:F;• I _ t•`` r�' 4+r►It.rrtt,trtt.rrnrt.r.r,ri!rtrrtl, •t �1�' .� ... Jam. �` a i ism _ A i -- e i - t a° m c a_ g S THE YACHT CLUB REV] CO:WORRINGSPACE-MAIN FLOOR-AREACALCS Rolepllon 101-83].S CO-WORKING SPACE AREA CALCS onk.. ar0raa .01m�n.<nnl9ll - Oflk.lAdnln(on Rac.plbnl lOf NA Nall 9Dac.(lake{Id.1a{j 106 _ CO-WORNMC SPATE APPII)9K.9 SOFT Zq)OOSpfT•)0 DARNING{PACER Onlca Ind In i 51NIea-CE Co.-CEpxa)NA-NA r fIVk NOIEL RGOMS 901 PER ROON•SPARMING SPACES OXIce06O 10S- oN<.-oa sw1..tog-3os! I .. 011lce-OG awls 110.11I. 'A 7'.Oz., -OG Buil. 1 "'A L .,. ONI<.-L k.Ir..1113-9].90 ' Off-.L.W—111-08.]0 1 ;,a. 1, •-' .-1 - - ,� 1 ' .,,. PralolYpky9N'riM Room 114-138.00 • t y t ' a Ne9mm:e Room 11)-339.]0 ; Ohlu-L.Melrep11111-1.4.3. ONks-Lak.IronI11B-199!0 OMk.-Lak.No,k.31 13T30 I -parIW Inks vMw 131-!].1{ 1•--- 1 t\ , L- � ONu-pa.lal lake vbw 132.1N.N Ohl,.-ava.I VIm 133-109.70 i Open Onk.121-573.]0 i y' PNona Noom 135-Ta.00 _____________ ___•v__ -. _ .__M y__ __11_ r__ • _________",,.___.-...-.. Front Ha{138-116.30 ..- ... ... B,.akroom,3).,50)9 ilnlerlor 139•1a9.19 � �T oN ce{3 n9.10 Tw,lerea CO.WORIONG SPACE: 3,9" ! l wA•Roar E I w'ae�Asr6 t _ F-w- IT _ ' ...MA ..... I � RESOURCE I � t , y THE YACHT CLUB-SPRING PARK,MN t I t I 1 Ma.Floor O(Im Co-WoNI Sp—S Hd{I Roans-Rev 3 f a{woLo9a•{esl aeN.-{I:-cro.rx9 _ 1 ---------------------------------------______'________________ --------------------------------------------------' i �r o m 3 a z = tu I , JJ t ' EMA x 1. I O Noise Monitoring & NEtigati on Use of new technology to monitor decibel levels on the property at all times and send notification alarms to our property management team when sound levels exceed the set threshold. We will also make use of creative screening to provide benefit ~-■ ,,, to both The Yacht Club and neighboring high density residential a properties. Outdoor movies will feature Bluetooth headphone connectivity for silent movie o experience to outside observers. UN, C C CL ..__ Noise Monitori* n How does it work? A quiet room has a sound level of around 30dB.This is.for the human ear,a quiet 7R ® surrounding.That is why the sound graph begins at 30dB in the app. Since the dB scale is logarithmic.this gives you very precise measurements for sound levels in your property. You can read more about decibels and noise levels here. The Minut sensor measures sound levels without recording or listening.They don't collect,store or share any personal data.So you and your guests can relax in total privacy. You'll find the noise graph for each sensor under sensor details.Here.you can go back and see the noise levels for a specific date and time. MiNUT semdena .,m,n Mdr[s Rrsewces ® E^gll,h SOPPon Stow The black line shows the average noise level,while the grey area shows the maximum and minimum values. 8 O Seeunry ebrm pn 78'F 52 dB m.� Nallwey O �No moron de[ec[rd. Noise monitoring(dB) 36% Mold risk mmiloring R's bo noisy for 10 minutes Not 9 250 Fell St, 0 Q N,ewo-c r..•wti.�o]J.,m oao tQ� pA tMnnd wuz O m a. ................. ......... 300 Easr St. earnV om- 76 Pnrk Way O OJp. 40 ` V Creaswey St. O m low 1 A: eragc Sd tlE �[[ ray.rtaaa 0 � '� ` _38 dB'67 d6 ® Crowd detect On A Schedule message NO C•Owd riq - G..mrc<nect.m ) :•rid is Thu.May 27 16.00 :- Ahercheck- ) ' • MAX: 8L • Initial Sound DBA Study i Testing conducted between 10:44am �- 7 and 12:07 m Friday, June 3rd, 2022 p y, J - - - and shared with the owner of - Minnetonka Edgewater Apartments the same afternoon. - ar M I N N e STAY June 1, 2022 To Whom it may Concern, Minnestay has been in business since July 2017,we currently manage 76 different homes,all of which are doing short term (Airbnb) style rentals with an average stay of 4 days. Since inception to today we have handled 7,123 unique individual reservations. Ranging anywhere from 1 to 28 guests per reservation. The average number of guests per reservation is around 8 guests. From the beginning we realized that there was potential for parties and loud guests that could affect our neighbors in the surrounding homes. To help mitigate that from becoming an issue we installed noise monitoring equipment. The company we utilized is called Noise Aware.The equipment they provide monitors decibel levels in the surrounding area.This can be done both inside and outside of the homes. The equipment does not record any conversations,only the decibel levels and will graph the levels. You can then set parameters to any level you like. We use 75 dB for after 10 PM. If the sensors detect that level of noise for over 5 minutes. It will send our team a message. Either by text or email. For homes that do not require exterior monitoring we use Minut,which offers the same decibel information as Noise Aware with an added protection of crowd detection by picking up on the number of phones in the home. To be perfectly honest I was surprised at how few noise violations we have received over the years. On average I would say we receive 6-8 a year. Of those we simply send the guests a text or call them and ask if they could please turn down the volume as it is after lOPM and the noise level is in violation of our rental agreement that they have signed. Where penalties and or eviction can be enforced. I can say that at least 95%of those few instances,they have lowered the level down to acceptable levels instantly and we had no other interactions with them.You can watch the graph drop right after the phone call.Which is sort of fun to watch. Of the 7,123 reservations,we have had 8 parties.All of which have been in our largest homes of 5+ bedrooms,all were last minute bookings. The noise monitoring equipment did alert us right away and after several attempts to reach the guests via phone we sent staff to investigate and notify the guests of the violation.Since we have added other safety measures,such as requiring selfie photos while holding their ID along with not allowing for last minute bookings.We have not had a party in over 18 months. The noise monitoring equipment has been a very valuable tool in deterring and providing quick responses to potential violations and stopping them before disturbing neighbors. I would highly recommend installing them. If you have any other questions or need further assistance in this subject, I would be happy to assist. With Gratitude, cew� Lance Bondhus CEO, Minnestay LLC Minneapolis, MN 1 612-314-8855 1 Minnestay.com Management@Minnestay.com t t A / / O THE YACHT CLUB - TRUCK TURNING EXHIBIT - TRUCK IN �® t a c� SPRING PARK, MN 6-2-22 Exhibit G: Truck Maneuvering Diagram /I b I E � 2 � S � / � w N THE YACHT CLUB - TRUCK TURNING EXHIBIT - TRUCK OUT G7.51 w SPRING PARK,MN &2-22 FM ALL , SIC-2 NORTHWEST ASSOCIATED CONSULTANTS. INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacpianning.com MEMORANDUM TO: Jim Brimeyer FROM: Alan Brixius DATE: June 9, 2022 RE: Zoning Ordinance Amendment — C-4 District Conditional Uses FILE NO: 175.01 - 22.01 In April of this year, the Planning Commission and City Council reviewed a conceptual development plan of Olsen Globel, LLC which called for the conversion of the existing Lake Minnetonka Yacht Club located at 4165 Shoreline Drive into a lakefront boutique hotel. The proposal included 26 hotel suites and a restaurant with accessory outdoor dining. The subject site is presently zoned C-4, Office Commercial. While the district presently lists "yacht clubs" as a permitted conditional use, it does not however, make an allowance for hotels, restaurants, and accessory outdoor dining activities such as that proposed by the applicant. In review of the concept plan, both the Planning Commission and City Council expressed general support of the proposed uses provided potential negative impacts can be properly mitigated. As a result, Planning Staff was directed to prepare a draft Zoning Ordinance amendment which would establish hotels, restaurants, and accessory outdoor dining activities (accessory to restaurants) as allowed conditional uses in the C- 4 zoning district. Attached as Exhibit A is a draft amendment which would make an allowance for hotels, restaurants, and accessory outdoor dining activities in the C-4 District. The amendment incorporates various conditions intended to mitigate potential negative impacts associated with such uses. The draft amendment is scheduled for informal review and discussion at the forthcoming June15, 2022 Planning Commission meeting. Through Planning Commission and City Council review we solicit comment and suggestion for any additions, deletions or edits that would make the Code amendment appropriate for the site and City. cc. Kelly Olson Molly Lang Jamie Hoffman Scott Qualle Mark Kozikowski 2 DRAFT ORDINANCE NO. CITY OF SPRING PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER 42 — ZONING/SHORELAND ORDINANCE, RELATING TO CONDITIONAL USES IN THE C-4 OFFICE COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITY OF SPRING PARK ORDAINS: Section 1. Article 8, Section 42-428 of the Spring Park Zoning/Shoreland Ordinance (C-4 Office Commercial District) conditional use permits is hereby amended to add the following underlined language: Sec. 42-428 Conditional uses The following are conditional uses in the C-4 District and are require a conditional use permit based upon the procedures set forth in and regulated by Article IV, Division 2. (5) Hotels provided that: a. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with subsection 42- 67 and shall be subject to the approval of the city engineer and/or Hennepin County, as applicable. b. Parking. The proposed building shall provide adequate parking as listed below for the main facility and other uses and per the Spring Park zoning standards for all uses of the site per subsection 42-67 of this Code. Hotel parking shall not interfere with on-site circulation or other operations sharing the site. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 1. One space per hotel room and one space per hotel employee. 2. Parking for ancillary uses such as office space, conference rooms shall be calculated per Section 42.67 of this code. 3. At least one parking stall shall be provided for every three boat slips accessory to the hotel or yacht Club. 4. All on-site parking shall meet the design standards of Section 42-67 on this code. EXHIBIT A DRAFT 5. The site plan shall illustrate the required disability parking. c. The hotel site plan shall illustrate all outdoor activity areas and amenities accessory to the hotel. Outdoor activity areas shall be designed to screen these areas from adjoining residential properties. Outdoor activity areas may be located within the required shoreland setback provided. 1 The site meets the lot coverage requirements of Section 42-429 (5) of this Code. 2 Outdoor activity areas are designed and located to screen these areas from adjoining residential uses. 3 The hotel shall demonstrate disability access to all accessory outdoor activity areas including docks accessory to the hotel. 4 Docks accessory to the Hotel shall be permitted by the Lake Minnetonka Conservation District. (6) Restaurants provided that: a. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with subsection 42-67 and shall be subject to the approval of the city engineer and/or Hennepin County, as applicable. b. Parking. The proposed building shall provide adequate parking as listed below for the main facility and other uses and per the Spring Park zoning standards for all uses of the site per subsection 42-67 of this Code. Restaurant parking shall not interfere with on-site circulation or other operations sharing the site. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 1. One stall per 3 restaurant seats 2. One stall per 80 square foot kitchen space c. Loading Area. Restaurant site shall provide an on-site loading area designed to accommodate truck and trailer delivery vehicles with a length of 50 feet or more. Alternatively receive written confirmation from suppliers that only smaller vehicles or delivery vans will be used. Restaurant site plans shall demonstrate site access, egress and maneuvering through site without interfering with on-site parking. The restaurant site shall provide EXHIBIT A DRAFT adequate space for off-street loading and unloading of all trucks serving the site per Section 42-68 of this Code. d. All trash, recycling, grease trap handling equipment shall be stored within the principal building or within a trash enclosure that screens the equipment from public streets and adjoining properties. e. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article III, Section 18- 122 of the Spring Park City Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels. 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. iii) Noise levels for a duration of six minutes in excess of what is allowed will alert the on-site management to take immediate actions to reduce the noise levels at the site. 2. These restrictions shall not apply if granted a special event permit approved by the City with exemption from noise standards. 3. In the event of the applicant receiving four (4) documented complaints/ violations, City Council reserves the right to limit hours of outdoor operations. (7) Outdoor Dining accessory to a Restaurant provided that: a. A site plan and other pertinent information shall be submitted demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. The outdoor dining area shall be fenced to define its boundaries and access to the outdoor dining area be provided only via the principal building. EXHIBIT A DRAFT c. The size of the outdoor area is restricted to no more than 30 percent of the total floor area within the principal structure. d. The outdoor dining area shall be screened from view from adjacent residential uses in accordance with section 42-64(j) of this Code. e. All exterior lighting shall be totally screened or consist of ninety-degree (90°) cutoff light fixtures with a shielded light source directed so that the light source shall not be visible from the public right-of-way away or adjacent residential properties and shall be in compliance with section 42-63(h) of this Code. f. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article III, Section 18- 122 of the Spring Park City Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels. 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. iii) Noise levels for a duration of six (6) minutes in excess of what is allowed will alert the on-site management to take immediate actions to reduce the noise levels at the site. 2. These restrictions shall not apply if granted a special event permit approved by the City with exemption from noise standards. 3. In the event of the applicant receiving four (4) documented complaints/ violations, City Council reserves the right to limit hours of outdoor operations. 4. Outdoor electronically amplified audio speaker shall be designed and located to direct sound toward the principal building on the site and away from adjoining properties. Property owner shall control volumes to prevent noise levels at the property lines that exceed the city standard outlined in Chapter 18, Article III, Section 18-122 of the Spring Park City Code. EXHIBIT A DRAFT g. The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1. Outdoor area shall be segregated from through pedestrian circulation by means of fencing. 2. Minimum clear passage zone for pedestrians at the perimeter of the facility shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, streetlights, parking meters, or the like. 3. Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk. h. The outdoor area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. i. A minimum width of 36 inches shall be provided within aisles of the outdoor area. j. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. k. Property owners shall pick up litter within one hundred feet (100') of the patio area. I. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. Section 2. Effective Date. This ordinance amending the Spring Park Zoning/Shoreland Ordinance shall be in full force and effect immediately upon its passage and publication. ADOPTED by the City of Spring Park this day of , 2022. EXHIBIT A DRAFT CITY OF SPRING PARK By: Jerome Rockvam, Mayor ATTEST: By: Jamie Hoffman, City Clerk EXHIBIT A