7/18/2022 - City Council - Work Session - Agendas CITY OF SPRING PARK
WORK SESSION AGENDA
JULY 18, 2022 — 6:00 PM
SPRING PARK SPRING PARK CITY HALL
On Lake Minnetonka
(Work Session discussion times are approximate)
1. 6:00: Discuss Brimeyer Proposal
2. 6:10: Update: The Yacht Club: Public Hearing & Zoning Ordinance
3. 7:00: Adjourn
NORTHWEST ASSOCIATED CONSULTANTS., INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacpianning.com
PLANNING REPORT
TO: Mike Anderson
FROM: Alan Brixius
DATE: July 7, 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 Global, LLC has submitted concept plans and narrative calling the conversion of
the existing Lake Minnetonka Yacht Club located at 4165 Shoreline Drive into a
lakefront boutique hotel. This was reviewed on by the Planning Commission on June
15, 2022. Through this meeting plan and land use issues were identified to be
addressed by the applicant. The applicant has subsequently submitted a revised plan
renderings and narrative in response to the issues identified at the June, Planning
Commission Meeting. This report is an evaluation of the revised concept plan and
narrative.
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 600 square feet in size
• An "infinity edge" swimming pool which will be available for year-round use
• A "business suite" for collaborative working activities 3200sq. 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.
The Planning Commission and City Council will need to determine if draft zoning code
amendment along with the Applicant's concept plan provides the adequate performance
standards to allow the proposed new commercial land uses to compatibly coexist with
the existing high density residential use abutting the site.
Approval of the referenced amendment must precede action on the conditional use
permit requests which are specific to the subject site.
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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.
The existing curb cut has obstructed views of eastbound traffic. Measures 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: The Applicant's 2021 Alta Survey shows 111 off-street parking
spaces one of which is reserved for disability parking. The parking lot has be
restriped since the survey was prepared, lower the parking count to 103 stalls.
As calculated below, a total of 117 off-street parking spaces of required of the
proposed combination of uses:
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Use Ratio Required Spaces
Hotel 26 rooms 1 space per room 26
Hotel, Restaurant, Office 2 per shift 2
Housekeeping staff
Office 3,966 s.f. 1 space per 200 s.f. 16
Hotel staff not included in 1 space per 1
office calculation 1person) employee
Restaurant 150 seats 1 space per 3 seats 50
Front of the house s
restaurant staff(1
bartender, 6 wait staff, 1
Host
Kitchen 560 s.f. 1 space per 80 s.f. 7
Boat Slips 20 slips) 1 space per 3 slips 7
Boat Dock Attendant 1
Total 117
The site currently has 103 off-street parking stalls. The site will need to be
revised to provide additional disability parking stalls (ADA standards require 4
stalls / 76-100 stall parking lot and 5 stalls / 101-150 stall parking lot). These
stalls must be dimension to ADA parking stall standards providing a minimum of
5 foot access lane between the disability stalls. The dimensions of the disability
stall will likely reduce the number of available parking stalls on-site.
The Applicant recognizes the parking deficiency in their submitted narrative and
suggests that reserving 12 of the boat slips for hotel and restaurant guests would
serve as parking stalls (meaning those coming by boat will not be coming by car).
Additionally, they claim that the dock and outdoor dining are seasonal uses and
are closed during the winter months significantly reducing the needed parking. In
review of the Applicant narrative, City Staff does not agree with their contentions.
With limited on-site parking we must anticipate peak summertime operations to
ensure adequate parking is available. We have received concerns from
Lakeview Apartments and Tonka Ventures pertaining to parking leaking on to
adjoining properties, as such the site and its uses must demonstrate sufficient
parking for peak demand. Additionally, Staff does not agree that the dock slips
will reduce on-site parking demand, local examples of restaurants with docks
have not illustrated a reduced parking demand.
On-street and/or off-site parking are not available to supplement the required
parking for the proposed uses. The on-site parking must be adequate for the
peak demand of the uses on the site. The site plan must be revised to illustrate
the actual parking stall count after the provision of the required disability stalls.
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The restaurant seating shall be reduced to bring the total site into compliance
with the City parking requirements.
While parking stalls and drive aisles are established as an existing condition,
most of the parking lot is designed with angled parking with a one way circulation
pattern. Some of the parking stalls are reliant on a 2 foot overhang over the curb
to meet the full 18 foot stall length and others are designed for compact cars (7'
x15'). Examination aerial photos and on-site observation demonstrate that the
current parking lot striping does accommodate automobiles and full size pickup
trucks.
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.
Concern was expressed for late night noise from restaurant guests in the parking
lot near Lakeview Apartments while leaving the site. The applicant has
suggested reserving the row of parking along the west edge of the parking lot
hotel guests to have the restaurant parking further away from the apartments.
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 establishes
an impervious surface coverage standard not to exceed 75 percent of the
total lot area. This standard may be exceeded if the site can
demonstrate at all structures, additions or expansions meet required
setbacks and include improvements to reduce the rate of runoff directly
to public waters and will provide some retention and treatment of storm
water from the development. Storm water 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 Applicant shall provide a hard cover calculation in the
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current site and with the proposed site improvements. Grading, drainage
and storm water management plans may be required for improvements
beyond existing conditions. Compliance with this requirement must be
documented by the applicant.
Sun Deck.
The revised rendering has relocated and reduced the size of the sundeck
from the original concept plan. The recent submission is proposing a 600
sq. ft. (50' x 12) sun deck located immediately south of the outdoor dining
area. The new renderings also expand the deck around the pool. The new
location and the reduced size of the sun deck is positive in the following
ways.
1 . The new location moves sun deck away from the Edgewater
apartments and uses the site topography and a screen wall to
reduce its visiability from the apartments.
2. The new location removes the sun deck from a very steep sloped
area of the site.
3. The new location reduces the amount of tree removal need to the
sun deck. The preservation of the existing mature tree cover
maintains the existing vegetative screening between the Yacht Club
and the Edgewater Apartments.
Staff Comment: Through the initial Planning Commission meeting issue
were raised over the sun deck related to operations. Will the sun deck be
open to people other than hotel guests? Will the sun deck have dining
and drinking services? Should the sun deck seating be counted as
outdoor dining and provide additional parking?
The applicant's narrative indicates that the pool and pool deck will be
expanded and will be exclusively for hotel guests and co-working
member and marina members. Access to this area will be available by
way of a key card wristband.
While the pool deck area will have restricted access, the applicant has
not defined the use of the 600 sq. ft. sundeck. The rendering shows the
new sun deck to be an extension of the outdoor dining area. While 10
lounge chairs are shown this area; it has the potential to be an expanded
dining and drinking area that would increase the customer capacity of the
restaurant and the on-site parking demand. This presents an issue for
on-site parking.
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The rendering showing the expanded pool deck, and lounge chairs along
the beach, raises the question as to the need for and/or intended purpose
of the new 600 sq. ft. sun deck.
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 additional information be provided prior to conditional use permit
approval:
1 . The Applicant shall describe the intended use and purpose of the
new sun deck. If the new sun deck is intended for use by the
general public or extension of the restaurant use then the area of
the sun deck must be calculated into the required on-site parking.
2. The sun and pool deck maintain a minimum 10-foot setback from
the ordinary high water level of Lake Minnetonka. The reduced
structure setback is subject to comment by MNDNR.
3. The applicant shall submit detailed construction plans for the
proposed sun deck, including, but not limited to deck design,
materials, site grading ,slope stabilization and vegetive removal and
tree preservation efforts.
4. The sun deck must have a design and materials which allows for
the passage of water. The ground under the deck must allow for
absorption or retention and treatment of stormwater. A site grading
drainage plan will be subject to review of the City Engineer and
Minnehaha Watershed district.
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.
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. The applicant rendering is proposing to add a
row of American Pillar— Thuja Arborvitae along the west edge of the
parking lot. This species of Arborvitae is a fast growing tree (up to 3' per
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year after the first year planted) reaching mature height of 25 to 30 feet.
These proposed planting are intended to supplement the existing trees
and fence in screening the parking lot and outdoor activity areas. Planted
at 3 feet on center these trees can be an effective screen. The applicant
shall provide a landscape plan that accurately identifies how and where
these new trees will be install and how the new plantings will not interfere
or damage the existing trees in this area of the site.
The renderings show a retaining wall between the outdoor dining area and
sun deck and the west parking lot. This wall has the outdoor activities
below the parking lot elevation further screening the outdoor activity areas
from the Edgewater apartments.
3. The hotel shall demonstrate accessible points of access to all
accessory outdoor activity areas including docks accessory to the
hotel.
The applicant has indicated that all access to the restaurant, deck will be
through the building. There is an existing elevator to provide disability
access. There is an additional outdoor lift and a ramp to span the
remaining distance to the docks
The rendering does not show the outdoor lift or sidewalk to the parking lot.
If this is being provided it must be illustrated on a detailed site plan. 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: The site currently has 32 seasonal dock slips. The
Applicant wish convert 12 of the slips to transient use for use by the
restaurant and Hotel. If approved by the LMCD, 4 of the transient slips will
be reserved for hotel guests. This raises the issue of boat trailer storage
for hotel guests bringing their boat to the hotel. The applicant's narrative
indicates that: "Those hotel guests who trailer their boats and stay at the
hotel would launch their boat at the designated boat launch and obtain
parking for their trailer in a designated overnight trailer parking. Olson
Global has located a local auto body and marine business that is willing to
provide valet parking and overnight storage for hotel guests who could
benefit from such a service."
With the limited amount of parking the need for off-site trailer parking is
needed. The Applicant shall provide a written agreement with the
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proposed off-site trailer storage sites to verify this is service is in place.
Additionally, the City shall review the proposed storage site to determine if
the trailer storage locations are permitted and meet the current zoning
regulations.
As a condition of conditional use permit approval, all docks associated
with the proposed hotel, restaurant and seasonal 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).
Hotel Staffing: At the June meeting concerns were expressed with regard to hotel
staffing related to site security, on-site management of guests, managing the outdoor
activities to insure that the site operations (docks, outdoor activity area, noise mitigation,
site and building maintenance) are conducted in manner that will not produce nuisance
issues for the adjoining apartments or the hotel guests. The Applicant's July narrative
has outlined the staffing for the Hotel and restaurant. The Staffing will increase the
parking demand for the site and must be resolved.
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:
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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.
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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 Ill, 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 provided a general description of the noise
mitigation efforts they would consider; however, a detailed noise mitigation plan
has not been submitted. 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.
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• 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) shall 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 approving its use.
3. It is unclear what is intended by "creative screening." This should be
clarified by the applicant.
4. 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.
5. 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.
Restaurant Staffing: At the June planning commission meeting, concern were
expressed with regard to restaurant staffing. The Applicant's July narrative provide a
description of the restaurant staffing needs. This information must be addressed within
the required site parking.
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
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subject to various conditions. The following is a listing of the various conditions which
must be satisfied as well as related Staff comments:
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 July renderings show a seating and table layout for the
outdoor dining area. This rendering shows seating for 72 people. The rendering
is not a scaled drawing allow to determine if it meets the dimensional
requirements for aisle width, and circulation. Additionally, the outdoor dining area
is attached to the sun deck to the south, The Applicant must explain if this area
will be available to restaurant customers and how these areas are intended to
interact if a physical separation is not provided. As a condition of conditional use
permit approval, outdoor table locations should be illustrated on a scaled 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 rendering of the outdoor dining area shows a
perimeter fencing. The outdoor dining area is attached to the sun deck to the
south, The Applicant must explain if this area will be available to restaurant
customers and how these areas are intended to interact if a physical separation
is not provided. Details on the type and design of fence, and gates shall be
provided and approved by the city as a condition of Conditional use permit
approval.
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. Additionally, the
concept renderings show a retaining wall along the north and west sides of the
outdoor dining area and sun deck that places these activity areas below the
parking lot grades. This serves to segregate and screen these outdoor activities
from the adjoining Edgewater Apartments. Any retaining wall greater than 4 feet
in height must be engineered to insure stability. Detailed grading, drainage and
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retaining wall construction is required prior to approval of the Conditional uses
permit.
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 shall submit a
photometric lighting plan and examples of the proposes light fixtures which
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 lll, 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
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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.
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 provisions,
the scaled plan is needed to illustrate table and pedestrian aisle locations within
the proposed outdoor dining area. The site plan must also illustrate an
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,
a scaled plan must be provided 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.
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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.
L Live outdoor music performances shall only be permitted after obtaining a
special event permit and shall meet the requirements of Spring Park City
Code.
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.
Grading, Drainage Storm Water Management. The construction of the sun
deck and expansion of the pool 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.
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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 August
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 in size 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.
6. The following conditions related to the proposed sun deck shall be satisfied:
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A. The sun deck shall maintain a minimum 10-foot setback from the ordinary
high water level of Lake Minnetonka.
B. 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.
C. A site grading, drainage and storm water management plan be provided
and approved by the City for the construction of sun deck and pool
expansion. The sun deck design shall allow for the passage of storm
water.
D. The outdoor dining area is attached to the sun deck to the south, The
Applicant must explain if this area will be available to restaurant customers
and how these areas are intended to interact if a physical separation is not
provided. If the sun deck is attached to the outdoor dining area, it will be
treated as outdoor dining and will need to be included in the required
parking calculations.
E. Details on the type and design of fence, and gates shall be provided and
approved by the city as a condition of Conditional use permit approval.
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.
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10. A scaled 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.A detail scaled landscape plan shall be required showing any tree removal, tree
preservation measures, number, species and location of any new landscaping i
shall be submitted subject to City review and approval.
cc. Kelly Olson
Molly Lang
Scott Qualle
Jamie Hoffman
Mark kozikowski
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