7/13/2022 - Planning Commission - Regular - Agendas
CITY OF SPRING PARK
PLANNING COMMISSION AGENDA
JULY 13, 2022 – 6:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a. Planning Commission Minutes from June 15, 2022
b. Planning Commission Work Session Minutes from July 6, 2022
3. PUBLIC HEARING – THE YACHT CLUB
a. City Planner Brixius Cover Memo
b. C4, Office Commercial District – Zoning Code
c. Draft Amendment to the Zoning Code
d. Olson Global Proposal
e. Edgewater Presentation
4. PARK MAINTENANCE/REPAIRS:
a. Status of Plaques & Trellis
b. Repairs and maintenance needed at Thor Thompson & Wilkes Park
5. ADJOURNMENT
CITY OF SPRING PARK
PLANNING COMMISSION MINUTES
JUNE 15, 2022 – 6:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
The meeting was called to order at 6:00p.m.
Planning Chair Hoffman and Commissioners Avalos, Homan, & Mason were present. Commissioner
Terryll was absent.
Staff Present: City Administrator Anderson, City Clerk Hoffman, and City Planner Brixius
2. APPROVAL OF MINUTES
a. Planning Commission Meeting Minutes from May 11, 2022
Commissioner Homan motioned, being seconded by Commissioner Mason, to approve the minutes as presented.
On vote being taken, the motion was unanimously approved.
3. PUBLIC HEARING(S) – THE YACHT CLUB
a. Zoning Code Text Amendment to the C4 zoning district
b. Conditional Use Permit Request for hotel & restaurant with outdoor dining
At 6:02 the Planning Chair opened the Public Hearing. A summary background and instructions were
provided on the objective of the hearing. City Planner Brixius provided a briefing on the applicant’s
request and reason for the original zoning that was established for the building. He fielded questions
from the audience and residents provided feedback both for and against the applicant’s request. The
owner of Edgewater presented a PowerPoint stating his concerns and issues with the project.
At 7:39, Chair Hoffman requested a motion to close the public hearing.
Commissioner Mason motioned, being seconded by Commissioner Homan to close the public hearing. On vote being taken,
the motion was unanimously approved.
The applicant, Olson Global, presented a rebuttal to the concerns and issues raised by Edgewater. The
Planning Commission asked questions and for clarification on certain aspects of the project.
Discussion was had. City Planner Brixius recapped the discussion and the required information needed
from the applicant for the July 13th meeting.
4. ADJOURNMENT
At 8:15, Commissioner Avalos motioned, being seconded by Commissioner Mason, to adjourn the meeting.
On vote being taken, the motion was unanimously approved.
CITY OF SPRING PARK
PLANNING COMMISSION
WORK SESSION MINUTES
JULY 6, 2022 – 6:00 PM
SPRING PARK CITY HALL
1. THE YACHT CLUB
a. Discuss the issues and concerns presented at the Public Hearing meeting on June 15, 2022
City Planner Brixius went over the issues and concerns from the June 15 public hearing.
• Comp Plan
• Noise Issues
• Proper Staffing
• Sun Deck
• Specials Events
• Mitigation Plan
• Outdoor Lighting
• Parking
• # of decks/seasonal & transient
• Additional requirements
• Additional traffic
Applicant has submitted some new renderings but not everything that was requested from Planner.
Brixius answered questions from the planning commission members and provided a response based on
his knowledge of the project.
2. ADJOURNMENT
At 7:25 Commissioner Avalos motioned being seconded by Commissioner Mason to adjourn the meeting. 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: 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
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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
Housekeeping staff
2 per shift 2
Office (3,966 s.f.) 1 space per 200 s.f. 16
Hotel staff not included in
office calculation (1 person)
1 space per
employee
1
Restaurant (150 seats) 1 space per 3 seats 50
Front of the house
restaurant staff (1
bartender, 6 wait staff, 1
Host)
8
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 III, 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 42-64(j) 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 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 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) (f) (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
14
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
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.
15
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.
16
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:
17
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.
18
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
• DIVISION 8. - C-4, OFFICE COMMERCIAL DISTRICT
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SECTION
• Sec. 42-425. - Purpose.
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The purpose of the C -4, Office Commercial district is to provide a district which may
reasonably adjoin high density residential districts for the location and development
of administrative office buildings and related uses, and which provides a transition in
land use from residential uses to more intensive uses. The intermixing of office and
residential uses is also permitted under some circumstances.
(Ord. No. 62, § 18(Subd. A), 9-13-1993)
• Sec. 42-426. - Permitted uses.
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The following are permitted uses in a C-4 district: Offices for administrative, executive,
professional, research and similar organizations (such as attorneys, accountants,
architects, engineers, insurance agents, manufacturers’ representatives and stock
brokers) in which there is limited in-person contact with clients, customers or the
public generally in the office setting.
(Ord. No. 62, § 18(Subd. B), 9 -13-1993)
• Sec. 42-427. - Permitted accessory uses.
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The following are permitted accessory uses in a C-4 district:
(1) Off-street parking as regulated by section 42-67.
(2) Off-street loading as regulated by section 42-68.
(3) Docking facilities as regulated by the Lake Minnetonka conservation district.
(4) Ground source heat pump systems as regulated by section 42-76 of this article.
(5) Wind energy systems as regulated by section 42-76 of this article.
(6) Solar energy systems as regulated by section 42-76 of this article.
(Ord. No. 62, § 18(Subd. C), 9 -13-1993; Ord. No. 13-02, § 9, 9-16-2013)
• Sec. 42-428. - Conditional uses.
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The following are conditional uses in a C -4 district and require a conditional use
permit based upon procedures set forth in and regulated by article IV, division 2.
(1) Offices for the provision of services (such as real estate agencies, medical and
dental offices and clinics, optometrists and opticians offices, and ancillary laboratories,
employment offices, loan offices, photographer's studios, barber shops and beauty
shops) where in-person contact with clients, customers and the public generally is
customary, provided that:
a. The off-street parking requirements of this Ordinance will be met, taking into
account all existing uses of the site and the proposed conditional use;
b. The requirements of article IV, division 2, are met.
(2) Multiple-family dwelling structures provided that:
a. The proposed site contains at least 2,500 square feet of lot area per dwelling
unit.
b. The proposed site is adjacent to a collector or arterial street.
c. At least one garage space is provided for each dwelling unit.
d. The proposed site is landscaped and screened with planting materials in
accordance with section 42-63(f).
e. The requirements of article IV, division 2, are met.
(3) Accessory retail commercial uses provided that:
a. Merchandise is sold only at retail.
b. The retail use is located within a structure whose principal use is neither
retail sales nor residential.
c. The retail use does not occupy more than ten percent of the gross floor area
of the tenant space of the building within which such retail use is lo cated.
d. No directly or indirectly illuminated sign or sign in excess of ten square feet
identifying the retail business shall be visible from the outside of the building.
e. No signs or posters of any type identifying or advertising products for sale
shall be visible from the outside of the building.
f. The requirements of article IV, division 2, are met.
(4) Yacht clubs provided that:
a. The yacht club docking facilities comply with the requirements of the Lake
Minnetonka Conservation District.
b. Banquet and food services associated with the yacht club shall be limited to
special events and shall be available to yacht club members, and owners of site
riparian or leasehold interests only. Commercial food and liquor sales available
to the general public are prohibited.
c. Yacht club conference and meeting rooms may be made available to the
general public only for civic, educational and safety purposes.
d. Fuel sales and boat repair and servicing are prohibited on site.
e. No boats shall be stored on site. No boat trailers s hall be parked on site.
f. Accessory retail activities shall not occupy more than ten (10) percent of the
gross floor area of the yacht club facility.
g. In addition to the specific off -street parking requirements of this chapter, at
least one parking stall shall be provided for every three boat slips.
h. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences and shall
be in compliance with subsection 42-67(g)e.10.
i. Parking or car stacking space shall be screened from view of abutting
residential districts in compliance with section 42-67.
j. The entire area shall have a drainage system which is approved by the city
engineer and the Minnehaha Creek Watershe d District.
k. The proposed site shall be landscaped and screened with planting materials
in compliance with subsection 42-63(f).
l. The requirements of article IV, division 2, are met.
(Ord. No. 62, § 18(Subd. D), 9-13-1993)
• Sec. 42-429. - Lot requirements and setbacks.
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The following minimum requirements shall be observed in a C -4 district, subject to
additional requirements, exceptions, and modifications set forth in this chapter:
(1) Lot area. 12,000 square feet.
(2) Lot width. 100 feet.
(3) Setbacks.
a. Street side. No less than thirty (30) feet where abutting a city street. No less
than 50 feet where abutting a county street.
b. Side yard.
1. Except as provided in paragraphs 2. and 3. below, not less than ten feet on any side
yard.
2. No less than 30 feet on any side yard abutting a city street, and 50 feet on any side
yard abutting a county street.
3. No less than 20 feet on any side yard abut ting residentially zoned property.
c. Ordinary high-water mark. No less than 50 feet.
d. Top of bluff. No less than 30 feet.
(4) Building height. No structure shall exceed three stories or 40 feet, whichever is least,
however, building heights in excess of the prescribed standard may be permitted
through a conditional use permit, provided that:
a. Public utilities and services are adequate.
b. The site shall be screened and landscaped in accordance with subsection 42-
64(h) in order to minimize the visual impact of the additional building height.
c. The requirements of article IV, division 2 are met.
(5) Lot coverage. All lots within the C -4 district shall comply with the following
standards:
a. An existing site which is being altered, remodeled, or expanded without
expanding the existing impervious s urface may be allowed through the plan
review process established in article IV, division 1.
b. New construction on conforming lots or an existing site being altered,
remodeled, or expanded which expands the existing impervious surface
coverage may be allowed through the plan review process established in article
IV, division 1, provided the impervious surface coverage does not exceed 75
percent of the total lot and provided the following stipulations are met:
1. All structures, additions or expansions shall meet setback and other requirements
of this chapter.
2. The lot shall be served by municipal sewer and water.
3. The lot shall provide for the collection and treatment of stormwater in compliance
with the city stormwater management plan if determined tha t the site improvements
will result in increased runoff directly entering a public water. All development plans
shall require review and approval by the city engineer and the Minnehaha Creek
Watershed District.
c. Impervious surface coverage may be allowed to exceed 75 percent of the
total lot or exceed existing conditions on the lot which are over 75 percent
provided the following stipulations are met:
1. Improvements that will result in an increased rate of runoff directly entering a
public water shall have all structures and practices in compliance with the city
stormwater management plan in place for the collection and treatment of stormwater
runoff or will be constructed in conjunction with a conditional use permit application.
2. A conditional use permit is submitted and approved as provided for in article IV,
division 2.
3. All the conditions in [subsections] (1)b.1. through 4. above are satisfactorily met.
d. Measures for the treatment of stormwater runoff and/or prevention of
stormwater from directly entering a public water include such appurtenances
as sediment basins (debris basins, desilting basins, or silt traps), installation of
debris guards and microsilt basins on storm sewer inlets, oil skimming devices,
etc.
(6) Bluff impact zones. Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
(7) Shore impact zones. Structures and accessory facilities except docks must not be
placed within shore impact zones.
(8) Uses without water-oriented needs.
a. Commercial uses without water -oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must be landscaped to obscure view of structures or
buildings from the water by vegetation or topography, assuming summer, leaf -
on conditions.
b. Structures, parking areas, and other facilities shall be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, or color, assuming summer, leaf -on
conditions., Vegetative and topographic screening shall be preserved, if
existing, or may be required to be provided.
c. Accessory structures and facilities shall meet the required principal structure
setback and shall be centralized.
(Ord. No. 62, § 18(Subd. E), 9 -13-1993)
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EXHIBIT A
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.
DRAFT
EXHIBIT A
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
DRAFT
EXHIBIT A
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.
DRAFT
EXHIBIT A
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.
DRAFT
EXHIBIT A
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.
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.
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.
DRAFT
EXHIBIT A
CITY OF SPRING PARK
By: ______________________________
Jerome Rockvam, Mayor
ATTEST:
By: _______________________________
Jamie Hoffman, City Clerk
____________________________________________________________________________
Olsen Global, LLC
4165 Shoreline Drive
Suite 120
Spring Park, MN 55384
July 7, 2022
City of Spring Park
Planning Commission
4349 Warren Ave.
Spring Park, MN 55384
To Whom It May Concern:
On behalf of Olsen Global, please accept this proposal to meet the City of Spring Park’s desired
2040 Comprehensive plan objectives to create a lakeside gathering place for the entire
community to enjoy.
We reserve the right to withdraw the portion of our application relating to conditional use
permits at the time of the hearing and would like the reasonability of this option to be
discussed and discerned during the Commission meeting on July 13, 2022. As identified in the
July 6, 2022 Planning Commission Work Group, this is a “unique” situation. There are no lodging
ordinance in the City of Spring Park to model the hotel design requirements after and as such,
we request that the zoning ordinance, parking requirements, noise levels, and lighting
requirements be spelled out before we go any further with the design process.
All necessary regulatory permits will be applied for as this development project progresses,
including but not limited to:
• Lake Minnetonka Conservation District
• Minnehaha Creek Watershed District
• Minnesota Department of Natural Resources
• Minnesota Pollution Control Agency
Please note: We have engaged experts, vendors, and partners in the initial scoping of this
project; however, aspects are subject to change as the plan is further developed and executed.
Parking
The proposed parking lot will have 113 parking stalls with five Americans with Disabilities Act
(ADA) compliant stalls and one van accessible space. The parking breakdown is as follows:
• 26 hotel rooms = 26 stalls (1 each)
• Hotel, restaurant and coworking housekeeping staff = 2 stalls (2 per shift)
• 3,200 square foot office space = 16 stalls (1 per 200sf – this also includes Olsen Global staff
and hotel / co-working manager)
• 141 seat restaurant = 47 stalls (1 per 3 seats)
• 560 square foot kitchen = 7 stalls (1 per 80sf)
• Front of house restaurant staff = 7 stalls (1 bartender, 5 wait staff, 1 host)
• Dock attendant = 1 stall (1 per shift)
• 20 seasonal slips = 7 stalls (1 per 3 slips)
• Five ADA stalls with one van accessible space
These calculations are for 113 parking spaces. We will be removing unnecessary curbs within
the parking lot and re-striping to achieve the 113 stall parking count. We have secured
Interstate Parking, Inc to provide valet parking services to an offsite location for events and
peak times as we deem necessary.
Boat trailer parking is not allowed in The Yacht Club parking lot and will continue to be
prohibited, but we have arranged valet overnight boat trailer parking services to an offsite auto
body and marine service location for hotel guests.
To reduce the number of car doors opening and closing at night on the property line, we will
put designated hotel parking on the property line and work to keep restaurant parking on the
east side of the parking lot.
We will set the restaurant to have no more than 141 seats including both indoor and outdoor
dining, and reserve the right to reconfigure the ratio of indoor/outdoor seating as weather or
Covid 19 protocol dictates, but we do not anticipate having more than 72 seats for outdoor
dining.
We have met with the Lake Minnetonka Conservation District (LMCD) to discuss converting a
number of the 32 marina slips to transient and/or overnight slips boat slips for restaurant
patrons and hotel guests. We expect these transient slips to ease the burden on parking, as
guests arriving by boat will not require a space in the parking lot. Additionally, the marina and
outdoor dining will be closed 7-8 months of the year reducing our parking requirement to 83
stalls.
Deliveries and Trash Pick-Up
The dumpster will be remotely locked during quiet hours (10:00pm to 7:00am) so that staff or
anyone else will not be able to access / make noise by bringing out recycling and/or garbage.
Deliveries and trash pick-up will be restricted to the hours of 7:00am to 10:00pm on any
weekday or between the hours of 8:00am to 8:00pm on any weekend or holiday, consistent
with the Spring Park City Code for any residential district.
Sun Deck / ADA Accessibility / Pool / Docks
Based on feedback from neighbors and the City, we have completely removed the sundeck
which was originally placed in the bluff to the west of the building and south of the parking lot.
ADA accessibility to the beach and docks will be accomplished by way of an indoor elevator and
36” X 48” ADA outdoor lift located adjacent to the outdoor staircase.
The pool area will be locked and only accessible to hotel guests, co-working members, and
marina members by way of key card wristband. The pool will have a retractable cover that will
be utilized on off-hours. The pool deck will be wood or composite and have sufficient spacing as
to not increase the impervious surface.
Employees and Staffing
This is addressed in parking and hotel sections as well. Housekeeping will be shared between
the hotel, restaurant and co-working space and will likely result in 2 to 3 shifts of 2
housekeepers.
Restaurant staffing:
• 560 square foot kitchen = 7 employees per shift
• Front of house restaurant staff = 7 (1 bartender, 5 wait staff, 1 host)
• Dock attendant = 1
Hotel:
• 1 manager per shift
• Maintenance and property management on-call 24/7
Co-working space / Olsen Global:
• 1 manager – shared with hotel
• Olsen Global staff working in co-working space
Housekeeping (shared):
• 2 per shift (restaurant in the morning, hotel during the day and co-working at night)
Hotel
The hotel will be managed by Minnestay. Minnestay is Minnesota’s premier vacation property
manager. Olsen Global / Kelly Olsen has experience working with Minnestay, as they manage
The Guest House in Excelsior where Ms. Olsen is the majority owner. Minnestay provides 24/7
property management, maintenance, and concierge services.
Additionally, the hotel and restaurant will have onsite staff available from 7AM to 11PM during
Phase 1 of the project and will reevaluate the need for 24 hour staffing as occupancy and room
counts grow in Phase 2.
The technology that Minnestay uses for check-in includes keyless entry on doors, where the
code is given to the guest prior to arrival. They also employ remote noise monitoring and cell
phone technology to ensure that the noise levels are acceptable and the maximum number of
guests is not exceeded. All exterior doors will be automatically locked and remotely monitored
by local property management from 11pm to 7am.
Marina / Docks
We do not anticipate changing the number of slips or the layout of the existing dock. We are
working with LMCD for approval to convert a number of the 32 slips to transient and/or
overnight slips. During the summer months, we would ask that our restaurant partner provide a
dock attendant to help manage the incoming and outgoing boats to the restaurant. Additional
questions provided by the City re: docks and parking are addressed in the parking section of this
document.
We do not anticipate any other boat traffic that would be included in car parking calculations.
Hotel guests may schedule a fishing charter, in which case the fishing boat would pick them up
at our dock but would not require a slip or car parking.
Noise
We have retained Ryan Skoug of ESI Engineering to conduct a comprehensive sound study of
both our site and a site with similar use to what we are proposing. Noise control findings
demonstrate no need for mitigation with noise levels below 65 decibels at the property line
during daytime hours and no intention of outdoor operations after 10pm. We do intend to
install a brick fireplace along the western wall of the outdoor dining space as an additional
barrier between The Yacht Club and the Neighboring apartment building. As previously
indicated, Mr. Skoug will be present at the July 13, 2022 Public Hearing and Planning
Commission meeting to testify and answer questions that you may have.
We fully expect this testimony and evidence to be allowed by the Commission.
It is important to note that the noise levels at the hotel rooms, which are directly above the
restaurant patio, need to be kept at a lower decibel level than the existing C4 zoning district
allows. That is to say that our interests in keeping the sound from the restaurant down are
more than aligned and we will utilize noise detection at both the property line and inside the
hotel.
Noise levels will remain in compliance with Chapter 18, Article III, Section 18-122 of the Spring
Park City Code and shall not exceed 65 dBA during daytime hours (7:00am to 10:00pm) and 55
dBA during nighttime hours (10:00pm and 7:00am). Creative screening may include, and is not
limited to walls, trees, screens, etc.
Special Events
Special events with live music will be identified well in advance and we will apply for special
permits with the City of Spring Park. We anticipate no more than 6 to 8 date-specific and time-
limited special events per year.
In closing, Olsen Global respectfully requests that the Planning Commission recommend
approval of our application to amend the C-4 zoning district to allow for hotel, indoor and
outdoor dining, supporting retail and limited commercial marina.
Sincerely,
Kelly Olsen
Olsen Global, LLC
Kelly@olsen.global
The Yacht Club Hotel & Business Suite
Financials
Marina
The existing Marina consists of 32 seasonal boat slips. 10-12 of these slips would be
converted to transient slips and leased to the restaurant partner. All seasonal slip
membership would include access to hotel amenities like the sundeck and pool area.
Gross revenue, $176,000
Coworking Space
The coworking space will provide shared workspace, conference rooms, zoom
rooms, and shared reception services to small businesses, remote workers, and
hotel guests. The coworking space will share the reception area with the hotel and
provide concierge services to guests.
Gross revenue, $249,500
Hotel
The hotel will be built out in two phases. Phase 1 will consist of up to 14 hotel suites
on the second floor of the building. Twelve suites will face the lake and two suites
will face west. In Phase 2 we will build out the main floor and lake level with up to
twelve additional suites. Ten will face the lake and two will face west. The existing
tenants and demand for hotel suites will determine the timing of phase two.
Gross revenue, Phase 1 = $1,450,000; Phase 2 = $2,600,000
Restaurant
The restaurant partner will be responsible for design and build out their space in
The Yacht Club’s existing event center space as expanded into the current kitchen,
hallway and bathroom area on the lake facing lower level of the building. The
restaurant partner will be expected to end all outdoor activities on the property by
10pm to ensure quiet enjoyment of the property by hotel guests. All trash
enclosures will be locked remotely to ensure that no trash be taken out between the
hours of 10pm and 7am.
Gross revenue, $240,000
Total Gross Revenue
Phase 1 = $2,115,500
Phase 2 = $3,265,500
Kelly M. Hettwer Olsen
Developer of Land, Businesses, Products, People, and Untapped Potential
Experience
2001-2008 Realtor
Edina Realty, Inc
Coon Rapids, MN
2003-2006 Land Development Agent ($15M Land Development)
Oakwood Land Development
Blaine, MN
2008-2014 Owner/Real Estate Broker
Metrowide Realty, LLC
Ham Lake, MN
2011-2012 Owner/Developer (GM $250k Renovation)
Vacation Rental
Marco Island, FL
2012-2014 Owner/Developer (GM Teardown and Resell)
Single Family Home
Orono, MN
2013-2021 Owner/Developer (GM $350k Renovation)
Hans’ Bakery, LLC
Anoka, Navarre, Blaine, Minneapolis Farmer’s Market, MN
2017-Pres Owner/President (Conglomerate)
Olsen Global, LLC
Spring Park, MN
2018-2019 Owner/Developer (GM $1.9M Land Development)
Cottagewood Cove, LLC
Blaine, MN
2020-Pres Owner/Developer (GM $10M Land Development)
Harpers Grove, LLC
Blaine, MN
2021-Pres Owner/Developer ($2.5M Purchase/Renovation)
Thorne Bros Building
Blaine, MN
2021-Pres Owner/Developer (PM $1.8M Purchase/Renovation)
The Guest House, LLC
Excelsior, MN
2021-Pres Executive Producer
Miss INNdependent (KSTP)
Spring Park, MN
Acheivements
US Patent Holder, TEDx Speaker, Mothers Against Drunk Driving Speaker (4 years),
Phakamani Foundation Board Member (10 years), Completed the Great Loop on a
31’ Boston Whaler (12 weeks)
About
After losing my first husband in a car crash with a drunk driver at the age of 30, I
have dedicated the remainder of my career to projects that encourage people to
slow down and spend time with the people they love. I’m excited to continue that
endeavor at The Yacht Club and have already moved my business into the
coworking space on the main floor.
July 7, 2022
VIA FIRST CLASS MAIL
AND ELECTRONIC MAIL
City of Spring Park
Attn: Planning Commission
4349 Warren Avenue
Spring Park, MN 55384
Minnetonka Edgewater Apartments (“Edgewater”) houses approximately five percent of
Spring Park’s residents and is located next to the Yacht Club, the site of the Olsen Global Project.
The Edgewater residents have grave concerns about the Olsen Global Project.
Because of these concerns and Edgewater’s desire to assure its residents’ peaceful and
quiet enjoyment of their homes, Edgewater writes in opposition to the Proposed Ordinance entitled
“AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER
42 –ZONING/SHORELAND ORDINANCE, RELATING TO CONDITIONAL USES IN THE
C-4 OFFICE COMMERCIAL DISTRICT” regarding a proposed redevelopment of the Yacht
Club located at 4165 Shoreline Drive.
Minnetonka Edgewater writes today only to address the legal and procedural obligations
of Olsen Global and both the Planning Commission and the City Council in considering the
Proposed Amendment. Minnetonka Edgewater will address further concerns before the Planning
Commission in its public comments oat the Planning Commission’s July 13, meeting.
These obligations include those established by both state law and by Spring Park’s own
municipal ordinances, which set both procedural and substantive requirements for granting zoning
amendments and conditional use permits.
Minnetonka Edgewater Apartments
4177 Shoreline Drive
Spring Park, MN 55384
City of Spring Park Planning Commission
June 30, 2022
Page 2 of 8
I. The City and Olsen Global have Extensive Obligations Under Minnesota Law.
a. Minnesota Law Obligates Response Within 60 Days Only Under Certain
Circumstances and Olsen Global May Simply Reapply for a Permit That Is
Denied for Insufficient Information.
Minnesota Statutes § 15.99, subdivision 2(a) requires that the City respond to Olsen
Global’s zoning application and conditional use permit within 60 days of application. Subdivision
2(a) states that failure to act on the request within the 60 day window is an approval of the
request—there is no “pocket veto.” Should a “vote on a resolution or properly made motion to
approve a request fail[] for any reason, the failure shall constitute a denial of the request provided
that those voting against the motion state on record the reasons why they oppose the request. A
denial of a request because of a failure to approve a resolution or motion does not preclude an
immediate submission of a same or similar request.” Minn. Stat. § 15.99, subdiv. 2(b) (emphasis
added). Accordingly, a deadlocked vote to approve Olsen Global’s request results in a denial of
the request. It is therefore critical that all members of the Planning Commission attend and vote
on the application when that decision is ripe for the making.1 Additionally, if the Planning
Commission does deny the request (as it should), it must “state the reasons for the denial on the
record and provide the applicant in writing a statement of the reasons for the denial.” Id., subdiv.
2(c).
The time limit begins to run only “upon the [Planning Commission’s] receipt of a written
request containing all information required by law of by a previously adopted rule, ordinance, or
policy . . . including the applicable application fee.” Id., subdiv. 3(a) (emphasis added). Should the
Planning Commission send “written notice within 15 business days of receipt of the request telling
the requester what information is missing,” the clock starts over. Id. The Planning Commission
may grant approval with condition and a failure “to satisfy the conditions, if any, may be a basis
to revoke or rescind approval.” Id., subdiv. 3(c). If an application requires the prior approval of a
state or federal agency, the time limit is extended to 60 days post-approval by that agency. Id.,
subdiv. 3(e). Due to the lack of information Olsen Global has submitted, it is unclear whether state
or federal approval is required, but given Lake Minnetonka’s status as “impaired” per the
1 At the July 6, Planning Commission working session, Commissioner Homan expressed that he
would be unable to attend the July 13 Planning Commission Meeting. Minnesota’s open meeting
laws permit Commissioner Homan to attend remotely, see Minn. Stat. § 13D.02, subdiv. 1(a),
assuming that his location is known and publicly accessible and his vote may be identified and
recorded. Minnesota’ open meeting laws do not, however, permit Commissioner Homan to provide
his comments to the other commissioners before the meeting, outside the public eye. See Minn.
Stat. § 13D.01 et seq. Minnetonka Edgewater, however, does not object to Commissioner Homan
providing comments to the City Manager, City Clerk, City Planner, or other city employees so
that those comments can be read into the record during discussion, so long as those comments are
not shared with the other commissioners outside the public meeting. Minnetonka Edgewater would
prefer that Commissioner Homan attend the meeting remotely if at all possible, however.
City of Spring Park Planning Commission
June 30, 2022
Page 3 of 8
Minnesota Pollution control Agency, it is not unreasonable to conclude that MPCA approval may
be required in some form or another.
Subdivision 3(f) permits the City to extend the time limit another 60 days upon providing
written notice to the applicant. Minnetonka Edgewater understands that the City, acting through
the City Planner (as stated on the record at the July 6, 2022 Planning Commission working
session), has done so, extending the deadline to August 30. Although Section 15.99 directs the
City to respond within 60 days, Subdivision 3(g) permits the applicant to “request an extension of
the time limit under this section.”
Given that the Planning Commission and City Council may simply deny Olsen Global’s
application for lack of sufficient detail and/or regulatory approval without prejudice to her
reapplying, or ask her to request an extension for the same reasons, this is the safest course and
one that fully complies with Minnesota’s procedural requirements for considering zoning
amendment and conditional use permit applications.
b. State Open Meeting Laws Require that the Planning Commission Conduct all
Business Before the Public Eye, Which It May Not Have Done.
Minnesota’s open meeting laws require that all “meetings, including executive sessions,
must be open to the public,” including both the City Council and the Planning Commission. Minn.
Stat. 13D.01, subdiv. 1. The Minnesota Supreme Court’s decision in Moberg v. Independent
School District No. 281, 336 N.W.2d 510 (Minn. 1983) defines a “meeting” that must be open to
be “those gatherings of a quorum or more members of the governing body, or a quorum of a
committee, subcommittee, board, department, or commission thereof, at which members discuss,
decide, or receive information as a group on issues relating to the official business of that
governing body.” Id. at 518.
On July 6, beginning sometime before 7:58 p.m. and concluding sometime after 8:01 p.m.,
following the Planning Commission working session, Commissioners Avalos, Mason, and Homan
stood together in discussion at the intersection of Shoreline Drive and Interlachen Road, in front
of Bayside Floral and Gifts. The subject of conversation was unknown, but it was very likely to
related to the Proposed Amendment and therefore also to have violated Minnesota’s open meeting
laws.
Violations of Section 13D.01 are subject to a $300 fine which “may not be paid by the
public body” of which the violator is a member, and three violations of the law result in forfeiture
of office. Minn. Stat. § 13D.06, subdiv. 1, 2. Any person may bring an action to seek these penalties
and may obtain attorney’s fees and costs as well. Id., subdiv. 4.
c. It Is Unclear Whether the City Has Complied With All State Notice
Requirements.
Minnesota Statutes Section 462.3357, subdivision 3 requires that any zoning amendment
must have a public hearing before it can be adopted. Such notice must be given by publication in
City of Spring Park Planning Commission
June 30, 2022
Page 4 of 8
the municipal newspaper at least ten days in advance of the hearing. Id. This has been done for the
July 13 meeting. See
https://www.hometownsource.com/classifieds/laker_pioneer/community/announcements/legal/n
otice_of_public_hearing/july-13-ph-zoning-cup-4165-shoreline-dr/pdfdisplayad_d07f7fd5-cae3-
50c1-8252-24335297b5db.html. Subdivision 3, however, also requires that written notice be
mailed to property owners whose property is wholly or partially within 350 feet of the property to
which the amendment relates. Id. Minnetonka Edgewater would like to confirm that this has indeed
occurred.
d. The Proposed Amendment Is Subject to State Environmental Rules and the
City May Need to Complete an Environmental Assessment Worksheet.
When at least 100 Minnesota residents or property owners submit a petition to the
Minnesota Environmental Quality Board asserting a governmental action may have “a potential
for significant environmental effects,” prior to the decision on the action in question, the Board
must determine the appropriate responsible governmental unit to which to send the petition. Minn.
Stat. § 116D.04, subdiv. 2(e). The responsible governmental unit 2 must then determine, within 15
days, whether it must prepare an Environmental Assessment Worksheet. Id. The Board may extend
this another 15 days at the request of the responsible governmental unit.3 Id.
Decisions whether to undertake an EAW or not to do so are reviewable by the Minnesota
Court of Appeals. Id., subdiv. 10.
e. Statements Made in Applying for Conditional use Permits Must be Truthful
on Pain of Criminal Penalties.
Minnesota law requires that a “certified copy of any conditional use permit shall be
recorded with the county recorder or registrar of titles of the county . . . .” Minn. Stat. § 462.3595,
subdiv. 4. It is a crime to “intentionally present[] for filing, registering, or recording,” or to file,
register, or record “a false or forged instrument relating to or affecting real or personal property in
a public office entitled to file, register, or record such instrument. Id. § 609.64. Presenting or
recording such a document is subject to a penalty of imprisonment of up to three years and a fine
of $5,000.
In other words, any statements made to the Planning Commission or the City Council in
the application for a conditional use permit must be true or else that maker of those statements
faces significant criminal liability.
2 In accordance with Minn. R. 4410.0500, and In re Pavilion Estates Subdivision, No. A21-1276,
2022 WL 1946512 (Minn. Ct. App. June 6, 2022), this is the City.
3 Section 15.99, subdivision 3(d) and (e)’s provisions toll the 60 day decision window of Section
15.99 while this process (and any further Board action) occur.
City of Spring Park Planning Commission
June 30, 2022
Page 5 of 8
f. City Officials Have Significant Discretion in Amending Zoning Laws But Not
In Granting or Denying Conditional Use Permits and the City Should
Therefore Consider Both the Proposed Amendment and the Conditional Use
Permit As One Issue.
The City Planner pointed out at the July 6 Planning Commission working session that the
City has wide discretion in choosing whether to amend its zoning laws, but significantly less
discretion when an applicant applies for a conditional use permit. Where a municipality is making
zoning regulations, because “land use planning and regulation are within a city's legislative
prerogative, the city has broad discretion when it makes decisions in that arena.” Mendota Golf,
LLP v. City of Mendota Heights, 708 N.W.2d 162, 174 (Minn. 2006).
In contrast, when considering a conditional use permit application, a governmental body
acts arbitrarily (and therefore unlawfully) when “the applicant establishes that all of the standard
specified by the zoning ordinance as conditions of granting the permit have been met.” Bartheld
v. County of Koochiching, 716 N.W.2d 406, 411 (Minn. Ct. App. 2006); see Scott County Lumber
Co., v. City of Shakopee, 417 N.W.2d 721, 727 (Minn. Ct. App. 1988) (Where a zoning ordinance
specifies standards which must be applied in determining whether or not to grant a conditional use
permit, and the applicant fully complies with the specified standards, a denial of the permit is
arbitrary as a matter of law.”).
Accordingly, if the City amends the zoning ordinance, but ultimately denies the conditional
use permits (acting upon them separately), another project may come in that has less appeal. But
if that project satisfies the conditional use standards in the new zoning ordinance, the City is
obligated to grant the permit. Therefore, the City should consider both of Olsen Global’s
applications together, not separately.
II. The City Code Likewise Imposes Extensive Procedural Obligations on Olsen
Global and the City.
a. Olsen Global’s Applications for a Zoning Amendment and a Conditional Use
Permit Do Not Comply with the Spring Park City Code, Particularly with
Respect to Nuisance Abatement.
Spring Park has declared it essential that “ a comprehensive review of site, building and
development plans for multifamily, commercial, industrial, and institutional developments shall
be made by the planning commission and approved by the city council prior to the issuance of any
building permits by the building official pursuant to the procedures established by this section.”
City Code § 42-125. The redevelopment which Olsen global seeks through the Proposed
Amendment meets Section 42-126’s bar on the issuance of building permits “until complete plans
as required by this section have been submitted by the applicant and reviewed and approved by
the city. No certificate of occupancy will be issued by the city unless the project has been
constructed in complete accordance with site and building plans approved by the city.” The project
does not meet the exemptions of Section 42-127.
City of Spring Park Planning Commission
June 30, 2022
Page 6 of 8
In considering the site plan, City officials “shall consider the compliance of such plans with
the following standards,” including: compliance with the comprehensive plan and “[p]rotection
of adjacent and neighboring properties through reasonable provisions for such matters as surface
water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of
design, not adequately covered by other regulations, which may have substantial effects on
neighboring land uses.” City Code § 42-128. The application must include, unless expressly
waived by the City Council, a certificate of survey from a land surveyor, a detailed site plan per
Section 42-130, a grading and stormwater plan, a landscape plan, construction nuisance mitigation
plan, lighting plan, building plans, and various other information. City Code § 42-130. The City
must review all applications for site plan review per the procedures of Section 42-141. City Code
§ 42-129. “All information is requires unless waived by the city council” upon “presentation of
information that demonstrates unique conditions of the site, construction operation, or size of
project.” City Code § 42-131.
Olsen Global has not provided any such information that meets the standard Spring Park
has set for these projects and the Planning Commission should not recommend granting the
Proposed Amendment without it.
Similar standards apply to applications for conditional use permits and zoning
amendments, both of which Olsen Global has sought. The purpose of the review process is to
require a showing from each applicant that they will comply with the City Code, the proposed use
does not present a hazard to the community, and that there “will be no significant negative impact
on the peaceful and quiet enjoyment of surrounding property.” City Code § 42-140. The following
information (illustrative, not exhaustive) is required for any application: site development plan
(see discussion above related to Sections 42-129–131) including parking dimensions, architectural
elevations, traffic circulation, and location of the ordinary high water level; dimension plan;
grading plan; landscape plan; and “proof of ownership or legal control of the land from which an
amendment or a conditional use permit is requested.” Coty Code S 42-141 (emphasis added).
Additionally, as the project will occur on shoreline, the requirements of Section 42-142
apply. Under Section 42-142, copies “of all notices of any public hearings to consider amendments,
or conditional uses under local shoreland management controls must be sent to the commissioner
[of natural resources] or the commissioner's designated representative and postmarked at least ten
days before the hearings.” Minnetonka Edgewater is unaware if such notice has been given.
Section 42-142 also requires a “thorough evaluation of the waterbody and topographic, vegetation,
and solid condition on site, and the City “shall attach such conditions to the issuance of conditional
use permits . . . necessary to fulfill the purposes” of Chapter 42. City Code § 42-142.
In considering the application, the Planning Commission must “consider possible adverse
effects of the proposed amendment or conditional use” based on the “factors set forth in section
42-120.” City Code § 42-143. The Planning Commission also has the power to seek additional
information or elicit expert testimony on the issues, if “necessary to establish performance
conditions.” Id. Finally, the Planning Commission must “make a written finding of fact and
recommend such actions or condition relating to the request as they deem necessary to carry out
City of Spring Park Planning Commission
June 30, 2022
Page 7 of 8
the intent and purpose” of Chapter 42. Id. The written finding must “be accompanied by any report
and recommendation prepared by the city staff. Id.
The documents that Olsen Global has filed, even including her most recent submissions,
fall far short of these requirements. Her renderings lack dimensions, or a lighting plan, there is no
setback information or a sewer plan, and she has not produced a grading or landscape plan. With
this lack of information, the Planning Commission cannot fulfill its obligation to consider adverse
impacts. The Planning Commission should recommend the denial of the application until further
information is provided.
b. Olsen Global Lacks Standing to Seek a Zoning Amendment Because It Has
Not Demonstrated an Ownership Interest in the Property.
To seek a zoning amendment or a conditional use permit, an applicant must demonstrate
“proof of ownership or legal control of the land for which an amendment or conditional use permit
is requested.” City Code § 42-142. This is one of several essential pieces of information that the
City requests when considering an application and “all amendment and conditional use permit
applications . . . without limitations” shall include it. Id.
Minnetonka Edgewater is unaware of any information that Olsen Global has provided to
the City that demonstrates any ownership interest in the property in question and respectfully
requests that Olsen Global be directed to produce this information to ensure compliance with the
Spring Park City Code.
***
Both Minnesota law and Spring Park’s own city ordinances impose significant hurdles on
applicants for zoning amendments and conditional use permits. These requirements are both
substantive and procedural and are in place to ensure that governmental bodies make sound
decisions for their citizens based on a full and robust review of the information relevant to the
application. Olsen Global and the City, however, have failed to comply with many of these
requirements.
Olsen Global’s Application is missing significant portions of information that Spring
Park’s ordinances require and she has not provided it, and she has not complied with procedural
requirements. Minnetonka Edgewater was informed this afternoon that any information that it
sought to submit to the Planning Commission must be to the City by 5:00 p.m. on July 7.
Minnetonka Edgewater has done so and respectfully requests that the Planning Commission and
the City hold Olsen Global to the same standards and not consider any information that it seeks to
submit after that deadline.
Sincerely,
Minnetonka Edgewater
City of Spring Park Planning Commission
June 30, 2022
Page 8 of 8
Cc: Olsen Global w/enc. via email
July 6, 2022
City of Spring Park, Minnesota, Planning Commission
To whom it may concern:
Minnetonka Edgewater received two packets of information authored by Olsen Global; one at 5:30
p.m. last night and a second one at 2:30 p.m. today. As a result, it cannot fully respond to this new
data and will have to do so on July 13. Once again, Minnetonka Edgewater requests that Olsen
Global copy it on all materials submitted to the City.1
Without waiving and reserving its rights, Minnetonka Edgewater has the following questions
regarding the proposed zoning amendment to the Spring Park City Code, zoning district C-4.
Open Meeting Questions:
1. Where will the July meeting take place?
a. Edgewater residents could not all fit in the room during the June 15, 2022 meeting.
Edgewater is expecting a bigger turnout for the July 13 meeting and Olsen Global
is on NextDoor encouraging the town to come to the July meeting also.
Zoning Questions:
1. Does Olsen Global plan to continue to have an official Yacht Club?
a. If so, what will that yacht club look like? What will be its structure?
b. Will any part of the project remain under City Code Section 42-428(4), Conditional
Uses (Yacht Clubs)?
2. When were the C4 lakeside setback requirements changed to 10' from the ordinary high
water line?
1 Edgewater has requested materials from Olsen global. Olsen global has not responded.
2
a. See page 5 of June 9, 2022 Planning Report.
3. Who is the Noise Control Officer for Spring Park per Section 18-151?
4. Has the noise control officer asked for a noise impact statement per Section 18-154?
5. Who is the Zoning Administrator for Spring Park per Section 18-310?
6. Are there any drawings with measurements on them that match the renderings?
Regulatory Questions:
1. Has Olsen Global applied for any permits from regulatory authorities other than the City?
E.g., Lake Minnetonka Conservation District, Minnehaha Creek Watershed District,
Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, etc.
a. If Olsen Global has not applied for any such permits and/or license, does it plan to?
i. If yes, when?
ii. If no, why not?
2. Has or will the MPCA be contacted to take advantage of their offered expertise to local
municipalities on the state noise standards during the review process?
Marina and Beach Questions:
1. Will transient slips be farthest away from Edgewater?
2. Is the beach open to the public?
a. What are its planned hours?
3. Where do boats park that are waiting for food to go by water?
4. Will there be a swimming school?
5. Will there be a kayak rental?
6. Will there be personal watercraft rental?
7. Will liquor consumption be all on site or some off site and are there to go cups for boaters?
8. Will Olsen Global be applying to be a port of call for any charter boats?
9. How does the ADA path get to sand level for access?
10. Will there still be a water slide?
3
Occupancy, Parking, and Logistical Questions:
1. Will all uses and deliveries enter and exit through main front door? Will the west side stairs
to the outdoor deck area be gated and only used as an emergency egress?
2. How does Olsen Global plan on dealing with parking for bar/beach/deck patrons after 150
seats are occupied? (People waiting for a seat, standing at bar, public events, etc.)
3. How does Olsen Global plan on dealing with occupancy limit for areas where people will
be standing?
4. Will food be available through DoorDash or similar? Pick up area or parking?
5. Will Olsen Global be asked to submit a current and a proposed parking layout as typically
required since the one shown on the ALTA survey does not meet the city code and is not
the current layout?
6. Where do cars park that are waiting for food to go by land?
7. How many bussers for 150 seats? Host staff? Food runners? Bartenders? Barbacks?
Managers? Dishwashers?
8. Where is the hostess station and is there a waiting area inside the building?
9. Will all events (weddings, retreats, seminars, etc.) be in proposed restaurant seating area
or other areas as well?
10. Do you plan on having catered events on site?
11. Will there be security personnel or just typical restaurant staff on site while liquor is being
served for rule enforcement or unruly guests?
12. What hours will there NOT be an Olsen Global employee on site? (assuming restaurant/bar
employees will not be employed by Olsen Global)
13. Is the pool open 24/7? Will a pool cover be used at all?
14. Will restaurant level bathrooms be open 24/7?
15. Where does the pool backwash water go?
16. Are office spaces open 24/7?
17. Did the hotel room next to the Flex room get changed to an outdoor walk up bar?
18. Is there a maximum occupancy per hotel room to prevent 6 or 8 people from splitting the
cost and overloading parking or using the place as an airbnb to party?
4
Noise and Nuisance Questions:
1. Can a no radio or music from docked boats policy be enforced?
a. If yes, how?
2. Will there be any type of music/sound being played/broadcast in any of the outdoor areas?
Can people play their own?
3. Who is invited to outdoor movie night? Where do they park? Is audio only through
Bluetooth headphones?
4. Is the restaurant tenant responsible for outdoor seating noise?
5. Is the restaurant tenant responsible for beach noise?
6. Who bears responsibility for noise coming from boats or docks?
7. Assuming Orono Police Dept. is at a minimum one of the professional agencies working
with the noise control officer, how will they be able to assess/document a noise complaint
at the property line during the day?
8. Assuming Orono Police Dept. is at a minimum one of the professional agencies working
with the noise control officer, how will they be able to assess/document a noise complaint
at the property line at night? Will they have clear direction to enforce Section 18-124?
9. Does the Orono Police Dept. have the jurisdiction to enforce the noise ordinance on the
dock and on boats that are docked?
10. Is there a noise mitigation plan yet?
11. In the Draft Amendment, #7 Outdoor Dining, F) Noise, 2, it states, “These restrictions shall
not apply if granted a special event permit approved by the City with exemption from noise
standards.” Is it correct to say this pertains solely to exemptions on the applicant's property
and that the neighboring high density residential is still protected by Sec. 6-70A? – Musical
concerts, (e) Noise restrictions? “Live music shall be controlled so as not to become
objectionable beyond the property line of the business where the musical concert is being
conducted.” “In addition, all applicable provisions of [chapter 18,] article III, Noise
Control, of the Spring Park Code (including, but not limited to, section 18-122 regarding
maximum noise levels, section 18-124 regarding prohibited noises, and section 18-92
regarding enforcement) must be complied with by the recipient of a musical concert
permit.”
12. What noise mitigation studies have been conducted? Has anyone taken entry on Edgewater
property? Who has retained ESI Engineering?
13. What time will transient slips be empty for the night?
5
14. How will the restaurant smell be contained from affecting neighboring residents?
15. What trees on the property are being removed?
The City Code requires proof of ownership to ask for amendments to ordinances. There is nothing
in the file that process that Olsen Global has an ownership interest. Has the Commission requested
this proof?
Minnetonka Edgewater understands that Olsen Global has submitted additional information to the
City Planner that may address some of these questions; Minnetonka Edgewater, however, only
received this information less than four hours before the meeting was scheduled to start and has
therefore been unable to assess this new information.
Minnetonka Edgewater respectfully submits that even with this new information, there are still
many outstanding questions that must be answered before the Planning Commission may properly
consider the requested zoning amendment with the care due the significant change proposed.
Minnetonka Edgewater therefore requests that the Planning Commission seek further information
before making a decision.
Sincerely,
Minnetonka Edgewater Apartments
Featured in Life magazine and protected from noise pollution by City Zoning
Yacht Club Planning Commission Working Meeting
Mark Kozikowski
mark@mtk-properties.com
July 6, 2022
Luxury Apartments Features Life Magazine -Noise Protected by City Ordinance
Spring Park keeps close to its heart its
identity as a small lake town, a “quaint
lake community.”
Its residents, when asked to describe it,
consider it a “small lake community.”
2040 Plan at 114
Next Door Post –July 2
Minnetonka Edgewater and Spring Park Residents
5% of the Residents of Spring Park Reside in Edgewater
344 Units Within 500 Feet of the Proposed Redevelopment Representing 450 Residents
Over 25% Spring Park’s Total Population Live Within 500 Feet
72% Spring Park’s Residents Live in High Density Housing (2040 Plan pg 39)
2040 Comprehensive Plan Key –Affordable Housing
By June 30, Olsen Global was supposed to have
submitted a full set of plans.
By June 30, Olsen Global was supposed to have
submitted a full set of plans.
Received First Update at 5:30 PM Last Night
Received Second Update at 2:30 PM Today
Edgewater Cannot Respond Fully and Must
Respond Next Week
Renderings
Actual View From the Lake
Olsen Global Intentionally Ignored This Commission’s Directive
It is the industrial site across the street that’s been identified as a potential redevelopment opportunity. The proposed draft documents and sketch plans represent possible options for the site, and no detailed blueprints of official site plans have been made or will be commissioned until a zoning amendment has been granted and ordinances established.Again, we don't want to create affliction if there is no guardrails for what to design. So that lack of detail in the proposed is intentional.
The zoning amendment has not been approved, and hotel ordinances have not been established for Spring Park, so we don't even have another area to look to for a lodging requirement. Again, we are happy to provide those blueprint sketches.
The proposals for sound mitigation. Engineering, architecture and design are over $500,000 for the project, and again, that's not an investment we're willing to make until we've got the green light on the zoning.
June 15 Planning Commission transcript, Pages 81-82.
Why Do We Need Defined Plans?
•So We Know What we are Approving
•Continual Requests for Amendments
•Continual Requests for Conditional Use Permits
Where are the Regulatory Approvals?
•Lake Minnetonka Conservation District
•Minnehaha Watershed District
•Minneapolis Pollution Control Agency
•Department of Natural Resources
•Army Corp of Engineers
•MET Council
Planning Commission Should Deny or Table This
Amendment Until Olsen Global’s Work is Done and
We Have a Full Set of Plans
Yacht Club Project Is Not Viable
•No Experience
•Hotel
•Restaurant
•Marina
•Bar
•Dramatically Short of Parking
Restaurant Will Not Work
•Dean Vlahos –Started Champs, Redstone, Boulevard, Others
•Currently Owns -COV Wayzata, COV Edina, Others
•David Shea –Shea Design
•Restaurant Design -COV, 801 Chophouse, YUM!, Grocers Table, Fogo de Chao,
Spoon and Stable, Many Others
•Restaurant Architect and Consultant –Knows Kelly Olsen and Knows the
Restaurant Business
•“Not Enough Parking”
Yacht Club Restaurant Will Not Work
•COV General Manager-“Running COV Is No Joke”
•Showed Dean Vlahos of COV Olsen Global Plans –“Not Nearly Enough Parking” and “The Smell and the Noise Will Kill the Area and the Edgewater.”
•Must Have Smell Removal System -$100,000 to $150,000 Installed –Critical in Residential Areas and Part of the Nuisance Code
•David Shea, Shea Design –“I Don’t Want Kelly to Fail as She Does Not Have Restaurant Experience and Don’t Want it to Fail for the City of Spring Park”
THERE IS NOT ENOUGH PARKING
•Olsen Global Proposal = 111 Spaces in Proposal
•Code Violation
•101 Total Parking Spaces
•NOT ENOUGH PARKING
35 Spaces for Restaurant Staff
+ 50 Spaces for the Restaurant
= 85 Used Of 101 Total Spaces
101 Current
-26 Hotel
-18 Coworking
-15 Boat Slips
-50 Restaurant Seats
-13 Kitchen Staff
-13 Wait Staff
-2 Host
-3 Bartenders
-2 Foodrunners
-2 Dishwashers
-2 Restaurant Managers
-1 Hotel Manager
-2 Hotel Staff
-2 Yacht Club Retail
-6 Indoor Bar
-20 Sundeck
-10 Public Beach
-4 Fishing Charter
-7 Tour Boats
-2 Kayak
-99 Shortfall
Actual Parking
Needed
Luxury Apartments Features Life Magazine -Noise Protected by City Ordinance
•There is NO Extra Parking in City –Public or Private
•Cannibalize:
•Rockvam Boatyards
•Water Patrol
•Minnetonka Edgewater Apartments
•Tonka Industrial Park
•The Mist
•Bayview Lower Lot on Shoreline
•City Streets
Where Will the Excess Cars Park?
21
Luxury Apartments Features Life Magazine -Noise Protected by City Ordinance
IF WE GET PARKING WRONG,
THE CITY AND ITS RESIDENTS
WILL SUFFER FOR DECADES.
22
Restaurant Consultant:
Smell Will Be Horrible
•Big Problem for Restaurants
•Removal Equipment is Expensive
•$100,000 to $150,000
•Maintenance is Frequent and Costly
•Otherwise, Nuisance Code Violation
Restaurant is Not Economically Viable
•Current Olsen Global Proposal –560 Sq/Ft Kitchen
•Realistic Kitchen Size –1500 Sq/Ft
•Kitchen Cost -$1,000,000
•Smell Removal System -$100,000 -$150,000
•Nuisance
•Restaurant Build Out Cost = $1MM to $3MM
Noise Pollution
•Sound Travels Distinctly on Water
•Conversations on Docks
•Conversations on Decks –BIGGEST CONCERN
•Transient Slips
25
Sun Deck and Pool May Violate Code
•Setbacks
•Setback is 50’ of the 929 High Water Mark
•Originally approved for 37’ Setback When Built
•New Deck at 10’ Setback?
•Pool Setback?
•DNR Has Hard and Fast Setback Requirements
•Variance Only By Hardship
•What is the Hardship?
Decks Could Create Massive Problems
•NextDoor Social Media Says Food and Alcohol will Be Served
•How Many Will Be Seated?
•How Many Will Be Standing?
•Daily?
•Special Events
•4–5 Weddings a Week
Next Door Post –July 2
•Self Check-In
•Serious Security Concerns, Especially with Recent Tragic Events
•Crime On The Rise Across the Twin Cities
•Leisure Hotels Have Known Issues
•Parties
•Illegal Activity
•Noise
•MinneStay Has No Experience Managing Hotels
•It Manages Airbnbs
•Is This an Airbnb or a Hotel?
The Hotel Creates Problems for This City
•Congestion on Highway 15
•3 Minutes to Make Left Turn
•One Entrance and Exit From the Yacht Club
•50 Cars Exiting
•Comprehensive Plan Expects by 2040
•A 12% Increase of Daily Average Trips
•Totaling an Additional 2100 Average Daily Trips on Highway 15 by 2040
•DOES NOT INCLUDE ADDITIONAL TRAFFIC FROM A SUCCESSFUL OLSEN GLOBAL PROJECT
Traffic Will Be Terrible;
Adversely Impacting the City and This Project
•C4 zoning limited future development of the site
•1.47 Acre Site Cannot Support These Planned Uses:
•Hotel, Bar, Restaurant, Offices, Marina, Retail Shop, Health Club, Pool
and Beach Club, Fishing Charters, Boat Tours
•Deficient by 100 + Parking Spaces –Need to Double Parking Capacity
•Cannot Support All of the Planned Uses
•The Noise Will Destroy The Quaint Lake Front Community
•HARM 5% OF SPRING PARK’S CITIZENS
•Need More Data –Now, Rather than Later
The Edgewater Residents Ask The Commission Deny
or Table the Proposed Ordinance Because
In 1989, This Commission Heard
Arguments and Zoned the Yacht
Club to Protect the Edgewater.
Nothing Has Changed
Planning Commission Should Deny or Table
This Amendment Until Olsen Global’s Work is
Done and We Have a Full Set of Plans
Featured in Life magazine and protected from noise pollution by City Zoning
Yacht Club Planning Commission Working Meeting
Mark Kozikowski
mark@mtk-properties.com
July 6, 2022