The URL can be used to link to this page

12/14/2022 - Planning Commission - Regular - Agendas CITY OF SPRING PARK PLANNING COMMISSION AGENDA DECEMBER 14, 2022 — 6:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. APPROVAL OF MINUTES a. Planning Commission Minutes from November 9, 2022 3. PUBLIC HEARINGS a. The Yacht Club Conditional Use Permit—Hotel b. The Yacht Club Conditional Use Permit—Restaurant c. The Yacht Club Conditional Use Permit— Outdoor Dining 4. ORDINANCES a. THC Ordinance Review and Recommendation 5. MISCELLANEOUS 6. ADJOURNMENT CITY OF SPRING PARK PLANNING COMMISSION MINUTES NOVEMBER 9, 2022 — 6:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Planning Chair Hoffman and Commissioners Avalos, Mason, Homan and Terryll were present. Staff Present: City Administrator Anderson, City Planner Brixius, & Council Member Chase 2. APPROVAL OF MINUTES a. Planning Commission Minutes from September 14, 2022 Commissioner Teryll motioned, being seconded by Commissioner Homan, to approve the minutes as presented. On vote being taken, the motion was unanimously approved. 3. REQUESTS &PRESENTATIONS a. c Mark Chase: Council Member Chase went through a presentation of the parks and improvements for each one. He provided examples of improvements to the tennis courts to allow for additional pickleball courts, suggested upgrades to Thor Thompson Park by adding a permanent bathroom & drinking fountain, and potentially adding an ice rink to Wilkes Park. b. THC Licensing Ordinance Consideration and potential Public Hearing for 12/14/22: City Administrator Anderson recapped the draft THC ordinance that was prepared by the City Attorneys. Discussion was had. Commissioner Terryll brought forward a few language changes to incorporate into the ordinance. The revised draft will be brought back to the Planning Commission for final review before presenting to Council with a Public Hearing scheduled for December 14th. c. Review Updated Tobacco Language and make recommendation to Council: City Administrator Anderson provided a draft for the updated language required for the Tobacco license that was updated by our attorney's. Chair Hoffman made a motion, being seconded by Commissioner Homan, to update the Tobacco ordinance language to reflect the proper age requirements. On vote being taken, the motion was unanimously approved. 4. CODE AMENDMENTS a. Chapter 13: Amending Duration Language related to Mobile Food Units: City Planner Brixius reviewed the sample language as provided in the draft Ordinance. Discussion was had. After discussion, Chair Hoffman made a motion, being seconded by Commissioner Homan, to remove the language stating "...City Council at its sole discretion... "and send the final ordinance to Council for approval. On vote being taken, the motion was unanimously approved. b. Chapter 18: Amending Hoop House Definition: City Planner Brixius reviewed the language in the draft Ordinance updating the description of the Hoop Houses. Discussion was had. After discussion, Chair Hoffman made a motion, being seconded by Commissioner Terryll, to amend the Hoop House language that includes further definition as to structure and frame. On vote being taken, the motion was unanimously approved. 5. MISCELLANEOUS 6. AD-JOURNMENT At 7.06, after no further discussion, Commissioner Mason motioned, being seconded by Commissioner Terryll, 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: December 5, 2022 RE: The Yacht Club Hotel Conditional Use Permits • Hotel • Restaurant • Outdoor Dining Accessory to a Restaurant FILE NO: 175.01 - 22.04 BACKGROUND In the spring of 2022, Olson Global, LLC approached the City with a concept plan to convert the Minnetonka Yacht Club office building at 4165 Shoreline Drive into a hotel, restaurant with outdoor dining, and shared office space. Through the spring and early summer, the Planning Commission and City Council held a number of public hearings to solicit public comment and to consider the proposed change in land use for this site. The Planning Commission and City Council indicated that they were open to the possibility of changing the Zoning Code to accommodate the proposed land uses at this site. The City Council directed Olson Global to submit development applications for a zoning amendment to the C-4 Commercial Office district, to allow the proposed uses within this district by conditional use permit and provide more information pertaining to site plan and building changes proposed for the site. In July and August 2022, the Planning Commission and City Council conducted public hearings on a proposed zoning amendment allowing for hotels, restaurants and outdoor dining as conditional uses in the C-4 district. After conducting public hearings and reviewing the proposed Zoning Code language, the Planning Commission recommended approval of the zoning text amendment. On August 1, 2022, the City Council reviewed the proposed zoning text amendment, public comments, and recommendation of the Planning Commission and approved zoning amendment #22-04 allowing hotels, restaurants and accessory outdoor dining as conditional uses within the C-4 zoning district. With this zoning approval, Olson Global, LLC. extended the City's 60-day review period for the conditional use permits to allow for the submission of revised complete site and building plans and project narrative for requested conditional use permits. Olson Global, LLC has submitted plans calling for the conversion of the existing Lake Minnetonka Yacht Club, located at 4165 Shoreline Drive, into a lakefront boutique hotel and restaurant. Plans received were reviewed and deemed complete on November 15, 2022. The proposed hotel project includes the following components: • 30 hotel suites with south-facing views. A restaurant with accessory outdoor dining (the existing deck will be utilized). A maximum of 150 seats will be provided (75 indoor and 75 outdoor). A total of 32 seasonal boat slips, 11 of which are for transient users and the balance are reserved for Yacht Club members. A gated "plunge pool" (swimming pool) which will be available for year-round use. To be noted is that the plans have been revised in an attempt to respond to issues and concerns raised through the review of the previous concept plan. The issues and plan changes have been outlined in the body of this report. The 1.47-acre subject site is presently zoned C-4, Office Commercial. The following formal approvals are necessary to accommodate the development proposal: 1. Conditional use permit for hotel use 2. Conditional use permit for restaurant use 3. Conditional use permit for outdoor dining accessory to a restaurant Attached for reference: Exhibit A: Applicant Narrative Exhibit B: Existing Site Photographs Exhibit C: Existing Conditions Survey Exhibit D: Site Plan Exhibit E: Parking Lot Plan Exhibit F: Utility, Grading, Drainage & Erosion Control Plan Exhibit G: Landscape Plan Exhibit H: Lighting Plan Exhibit I: Exterior Renderings Exhibit J: Building Elevations Exhibit K: Floor Plans Exhibit L: Noise Study Exhibit M: Sound Plan Exhibit N: Truck Maneuvering Diagrams 2 ANALYSIS Issues. Through the public hearings held during the concept plan review, the following issues were identified related to compatibility with the adjoining residential uses to the west: 1. NOISE. Edgewater Apartments owner and residents do not believe that the uses can control nuisance noise from the hotel, restaurant, and outdoor activities proposed for the site. A noise mitigation plan has now been provided. The noise mitigation plan provides a noise study and details the methods, equipment, and process for controlling noise at the shared property line. 2. OUTDOOR LIGHTING. The applicant has submitted an outdoor lighting plan showing the location and type of light fixtures including all freestanding and wall mounted exterior lights. The plan includes a photometric plan showing light levels across the site and at the property line. 3. STAFFING. Concern was expressed for the site staffing, related to site security, on-site management of guests, and staffing to manage the outdoor activities (docks, hotel activities, noise management, etc.). This relates to the supervision and management of the on-site operations and guest behavior and the impact on required parking. The applicant's narrative outlines the proposed staffing for all the uses associated with the hotel, restaurant, and docks. 4. PARKING. The proposed amendment outlines parking requirements for each of the proposed uses. Concerns were expressed that the parking requirements are not sufficient to address all the parking needs of the site. Issues include the necessary employee count for the site, whether the sun deck will offer drinks and food, (if so, it should be counted as outdoor dining for the parking count); dock use and special activities must also be considered. The public comments expressed concern that if the site is under parked, there is no place for overflow parking. The applicant has made changes in the variety of uses within the building and has provided a revised parking plan which addresses needed parking. 5. SUN DECK. The July planning report outlines a number of issues with the concept plan which included a 2,500 square foot freestanding sun deck. Issues included its location, the removal of trees, slope protection, increase in hard cover, and proximity of this outdoor activity to Edgewater Apartments. The revised site plan eliminates the freestanding sun deck. The revised plan set indicates that a portion of the existing deck will serve as the sun deck for exclusive use by the hotel guests and yacht club members. 6. DOCKS. Concern was raised over the number and use of the docks. The applicant stated the number of docks will remain at 32. However, some of the docks will be seasonal leases to yacht club members and some would become 3 transient docks for hotel quests and restaurant guests. Dock-related concerns include the following: a. Where will hotel guests who bring their boats to the site park their trailers. b. Parking for the yacht club members who come to the site exclusively to access their boats. c. Will there be a dock attendant? Does the parking supply count include this employee? d. Will there be other off-site lake services (fishing charters, tour boats) coming to the site which could generate visitors parking on site who are not hotel or restaurant guests? The applicant's narrative provides a response to each of the aforementioned issues. 7. SPECIAL EVENTS. It was noted that special events may be exempt for the noise standards. This raised questions as to the type and frequency of the special events allowed on the site, location of outdoor events, noise levels, hours of operation, etc. Zoning. The subject site is zoned C-4, Commercial Office, which was recently amended to make an allowance for hotels, restaurants, and outdoor dining accessory to a restaurant as conditional uses. As a result, the processing of three separate conditional use permits (for the three referenced conditional uses) is necessary. Such uses will be subject to the various conditions (performance standards) included in the amendment. Hotel Use. The applicable C-4 zoning district now makes an allowance for "hotels" subject to conditional use permit processing and 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. 4 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" illustrates 111 off-street parking spaces, one of which is reserved for disability parking. This survey shows the configuration of the overall parking lot, stall and aisle dimensions and circulation patterns. In review of the existing parking lot design, a number of drive aisles have widths which are less than current required standards. Additionally, the parking lot has been restriped since the survey was prepared in 2021, lowering the existing parking count to 103 stalls. During the concept plan review, concerns were raised as to whether the site has adequate parking for the combination of uses that were proposed for the site. In response to his concern, the applicant has revised their project with the following changes: 1. The co-working business suites have been eliminated. The new plan consists of the hotel, restaurant, and yacht club. The previous concept plan offered 3966 square feet of office space which, by Code, requires 18 parking stalls. The previous office floor area is now proposed to be used as four hotel rooms requiring four parking stalls. 2. The new site plan eliminates the freestanding sun deck included in the original concept plan. The new sun deck for the hotel comprises the eastern portion of the existing deck, south of the building. The sun deck is 5 smaller than that proposed on the original concept plan and will available only to hotel guests and yacht club members, through the use of electronic gate security. During the concept review, concern was expressed that the freestanding sun deck would expand the outdoor dining and drinking area to the general public, thereby increasing the on-site parking demand. 3. The applicant has provided site staffing numbers which have been included in the parking calculations below. Based on the proposed uses, a total of 102 off-street parking spaces are required by Code. 4. The site plan calls for the removal of three existing trees to expand the parking count and improve site circulation. The trees to be removed include a silver maple tree located in the extreme northwest corner of the site and two crab apple trees within raised medians within the parking lot. The applicant's arborist has identified the silver maple as being diseased and recommends the removal of said silver maple and the crab apple trees. 5. The applicant's narrative cites, parking codes of the Cities of Excelsior and Wayzata, which allow some reduction in required parking for mixed uses. These codes assume some overlap in parking demand. 6. The parking standard for hotel requires one space per room. According to Hoteltech report.com (10/28/2022), the average occupancy rate for hotels ranges from 65 to 80 percent. 7. The City's restaurant parking supply standards 1 stall per three seats is in line with other lake communities (Mound, Wayzata and Excelsior). 8. There is currently on-street parking exists along Shoreline Drive (11 Stalls) and Spring Street (18 stalls). While these stalls are generally occupied by daytime businesses in the area, they may be available to the restaurant customers during the evening and weekends. Use Ratio Required Spaces Hotel (30 rooms and 4 1 space per room and 34 employees) 1 space per employee Restaurant 150 seats 1 space per 3 seats 50 Kitchen 665 s.f. 1 space per 80 s.f. 9 Conference Room 330 s.f. 1 space per 200 s.f. 2 Marina 21 boat slips) 1 space per 3 slips 7 Total 102 The new site plan illustrates 119 off-street parking stalls, five stalls of which are reserved and designated as disability parking. Of the 119 illustrated parking stalls, 14 (12 percent) are designated as "compact stalls." According to the Ordinance, up to 20 percent of the total required parking may be designated for 6 compact cars, with stalls not less than seven feet wide and 15 feet in length. The proposed number compact parking stalls is within the maximum percentage allowance of the Zoning Code and also complies with the applicable minimum dimensional requirements. To be noted is that several areas of the existing parking lot (parking stalls and drive aisle widths) do not meet the minimum dimensional requirements of the Spring Park Code. For example, the 60-degree parking stalls which abut the north property line measure only 7.5 feet in width and the adjacent one-way drive aisle measures only 16.5 feet in width. According to the Ordinance, such stalls should measure not less than 8'- 9" in width and the adjacent one-way drive aisle should measure not less than 18' - 6" in width. Recognizing that the existing parking lot was legally established (with grandfather rights) and has functioned relatively well over the years, it is not considered appropriate to require a complete redesign of the parking lot to current standards. It is, however, appropriate to require some modifications to parking lot design which improve function within the entire lot and accommodate service vehicles. The following recommendations are made to improve existing conditions: 1. The parking stalls along the north lot line shall be widened from 7.5 feet to 9 feet in width. At 9 feet in width, the stalls will exceed the City Code standard of 8 feet 9 inches for 60-degree parking stalls, however, the wider stalls will provide more maneuvering area within each stall to compensate for the narrower 16.5-foot aisle width. This change will result in the loss of two parking stalls. 2. The parking stalls located along the west lot line are properly dimension for compact cars per City Code, however, the drive aisle between the parking stalls and the curb island with the oak tree is only 13 feet wide. To improve on this existing condition, Staff recommends the elimination of one parking stall and widening the remaining stalls across from the oak tree to 9 feet wide to provide more maneuvering area within the stalls and to compensate for the narrower 13-foot aisle width. A second alternative is available if the Oak tree is deemed a hazard and removed the raised island containing the tree can be removed and the drive aisle can be saving the available parking stalls. 3. To improve on the truck access and egress within the site, Staff recommends the elimination of two parking stalls illustrated on the truck movement diagram illustrated latter in this report. These recommendations are offered to improve access to the parking stalls and circulation throughout the parking lot. These recommendations will reduce the 7 parking count by five parking stalls resulting in a final parking count of 114 parking stalls which is still above minimum City Code requirements. Owners of adjoining properties have expressed concern regarding restaurant customers parking on their properties when the Yacht Club site parking lot is at full capacity. In light of this concern, the City may wish to impose a condition that, if Yacht Club patrons' trespass and park on private property, the City may require the Yacht Club to pursue an off-site parking conditional use permit identifying a site and property owners' permission for the Yacht Club to utilize the off-site parking location. To be noted is that boat trailer parking will not be allowed upon the subject site. According to the applicant's narrative, hotel guests wishing to bring their boats to the lake will have their boat trailers stored at an off-site location. The applicant narrative has identified Bump's Auto and Marine as the business providing the storage area. The correspondence from Joel Mernik, the business owner, identifies the storage site as being located at 5151 Highway 7 in the City of Lester Prairie. This site is 32 miles away from the Yacht Club site. The applicant must provide additional information as how the trailers will be transported to and from the storage site and whether the City of Lester Prairie will allow trailer storage on the proposed site. As a condition of conditional use permit approval, it is recommended that boat trailer parking on the subject site be prohibited. c. The hotel site plan shall illustrate all outdoor activity areas and amenities accessory to the hotel. Outdoor activity areas shall be designed to screen these areas from adjoining residential properties. Outdoor activity areas may be located within the required shoreland setback provided: 1. The site meets the lot coverage requirements of subsection 42-429 (5) of this Code. Staff Comment: Section 42-429 (5) of the Zoning Ordinance states that impervious surface coverage may not exceed 75 percent of the total lot area provided all structures, additions or expansions shall meet setback and other requirements of the Ordinance and that all development plans are reviewed and approved by the City Engineer and the Lake Minnetonka Conservation District. The submitted plans indicate that the existing site has an impervious surface coverage of 66 percent, and that coverage is proposed to be increased to 68 percent. Thus, the proposed amount of impervious surface coverage is within the maximum limit specified by the Ordinance. 8 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 outdoor dining area, the plunge pool, a deck area located adjacent to lower-level guest rooms and a fire pit area with seating. All activity areas are located south of the principal building. 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. All existing vegetation located in the southwest corner of the site, west of the proposed outdoor dining area, is to remain. Three trees in the parking lot area are proposed to be removed to expand the available parking, however, these trees do not provide significant screening. The large oak tree located in the southwest area of the parking lot is identified on the site plan to remain and be protected during construction. This tree provides significant visual screening of the outdoor activity area and the parking lot. The applicant's arborists identify this oak tree as "decaying and splitting which is a major liability to life and property. The tree should be removed due to the severity of the crack, hollowed trunk, and significant weight of the tree. Two certified arborists at Bratt Tree Company strongly recommend removing tree as it is major liability to pedestrians and vehicles at this location." The Planning Commission and Council will determine the fate of this tree. If the tree is removed, it is recommended that additional vertical plantings (trees or shrubs) be provided along the edge of the parking lot at the southwest corner of the building to screen the lights and activities within the outdoor dining area. To further minimize potential impacts, the applicant has proposed the construction of a 12-foot high, split face block sound wall on the west side of the outdoor dining area. This wall will screen outdoor dining activities from adjacent residential uses. 3. The hotel shall demonstrate accessible points of access to all accessory outdoor activity areas including docks accessory to the hotel. Staff Comment: The submitted site plan illustrates circulation routes to proposed outdoor activity areas. 9 As a condition of building permit issuance, all applicable American Disability Act (ADA) requirements will need to be satisfied. 4. Docks accessory to the hotel shall be permitted by the Lake Minnetonka Conservation District. Staff Comment: According to the submitted site plan, some existing docks are to be relocated. As a condition of conditional use permit approval, all docks associated with the proposed hotel use must be subject to review and approval by the Lake Minnetonka Conservation District. 5. All trash, recycling handling equipment shall be stored within the principal building or within a trash enclosure that screens the equipment from public streets and adjoining properties. Staff Comment: According to the submitted site plan, a gated, exterior trash handling area presently exists at the at the northwest corner of the building. No changes to the existing trash handling area are proposed. In this regard, grease from restaurant use will be stored within the trash handling area. The applicant's narrative indicates that the trash dumpster will be locked during quiet hours (10 pm to 7 am) such that it will not be accessible to staff or hotel patrons during such time. Consistent with City Code requirements, the applicant has also indicated that trash pick-up (as well as deliveries) will be restricted to the hours of 7 am to 10 pm on weekdays and between the hours of 8 am to 8 pm on weekends and holidays. 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). Appropriately, truck turning diagrams have been submitted which demonstrate that ample area will exist within the subject site for truck maneuvering (see Exhibit M). The following Staff recommendations are offered to improve truck access and egress to the building. 1. The turning radius of the row end parking lot striping located near the northwest corner of the building be reduced to provide additional area for truck turning movements. 10 2. Two parking stalls be eliminated to provide greater truck maneuvering area for truck leaving the site. ? N )RE' NE DRIVE rvra on, E�WYNELWOTHS O S FEET ELIMINATE G x` STALLS DR AISLE T ~ s L S e bUCE TURNING RADIUS.-' is As indicated in the project narrative, deliveries will be restricted to the hours of 7 am to 10 pm on weekdays and between the hours of 8 am to 8 pm on weekends and holidays. Restaurant Use. The applicable C-4 zoning district now makes an allowance for "restaurants" subject to conditional use permit processing and various conditions. The following is a listing of the various conditions which must be satisfied as well as related Staff comments: a. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 42-67 of this Code and shall be subject to the approval of the City Engineer and/or Hennepin County, as applicable. Staff Comment: See previous comments related to site (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 11 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 previous comments regarding parking for all proposed uses. 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: Truck turning diagrams have been submitted which demonstrate truck movements within the subject site for truck with a length of 50 to maneuver within the site (see Exhibit M). See comments on truck access and egress note under the hotel review. 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. Staff Comment: The hotel and restaurant will share the existing exterior trash handling area located at the northwest corner of the building. See previous comments regarding trash enclosure for hotel use. e. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article lll, Section 18-122 of this Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels: 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. 12 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 submitted a noise study which outlines measures to control noise emanating from the restaurant patio (see Exhibit K). The study concludes that, without mitigation, daytime patio noise meets the required 65 dBA requirement at the nearest residential receivers. The City and State of Minnesota both define "daytime" as being from 7 AM to 10 PM. In this regard, the study states that no noise mitigation is needed for the outdoor patio to meet the daytime requirements. The study indicates that the patio's low elevation south of the building along with berm /foliage along the site's western boundary contribute to such noise level compliance. Despite the noise study findings, the applicant is proposing the following noise mitigation and monitoring efforts: • Noise monitoring equipment shall be installed near the top of the stairs above the patio that will record data and alert property managers if it exceeds regulated levels for six or more consecutive minutes. The applicants plan to use NoiseAware monitoring system for this purpose. • An 8' x 4' fireplace area with a 12-foot-high adjoining wall on the southwest corner of the patio to absorb and redirect sound. • The use of directional speaker layout and sound plan (Exhibit M). • The project narrative states that the outdoor dining area will be closed by 10 PM. • The project narrative indicates that access to the trash enclosure will be restricted to daytime hours to avoid late night noise issues. In regard to noise mitigation efforts, Planning Staff recommends the following as conditions of conditional use permit approval: 13 1. The noise control elements cited in the project narrative shall be conditions of the conditional use permit and may be enforced by the City. 2. 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 am to 10 pm) and 55 dBA during evening hours (10 pm to 7 am) as measured from all property lines. 3. 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. 4. Noise levels at a duration of six minutes or more in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 5. In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. Odors. During the concept plan review, concerns were expressed with regard to odors emanating from the restaurant's commercial kitchen. In response to this issue the project narrative indicates that kitchen venting will be through a chase along the west side of the main staircase and vented through the building roof more than 150 feet from the nearest lot line. Accessory Outdoor Dining Use. The applicable C-4 zoning district now makes an allowance for "outdoor dining accessory to a restaurant" subject to conditional use permit processing and 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 submitted lower-level floor plan appropriately illustrates the restaurant's interior and exterior table locations. 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: According to the applicant, an existing ornamental fence (railing), within which the outdoor dining area is to be located, is to remain in 14 place and be repainted. The site photographs include an image the existing fence (see below). a -ti While the existing fencing is considered acceptable, it is recommended that the site plan be modified to specify the location, type, and design of outdoor dining area gates and latches for access and egress to the dining area. 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. The size of the outdoor dining shall be limited to the approved site plan. d. The outdoor dining area shall be screened from view from adjacent residential uses in accordance with subsection 42-646f) of this Code. Staff Comment: See previous comments related to screening. e. All exterior lighting shall be totally screened or consist of ninety-degree (90°) cutoff light fixtures with a shielded light source directed so that the light source shall not be visible from the public right-of-way away or adjacent residential properties and shall be in compliance with subsection 42-63(h) of this Code. 15 Staff Comment: As required, the applicant has submitted a photometric lighting plan and photographic examples of the proposed light fixtures. According to the plan, existing light poles are to remain in place, but the luminaries within such fixtures will be replaced. According to the Ordinance, any lighting used to illuminate an off-street parking area, structure, or area must be arranged to deflect light away from any adjoining property or from any public right-of-way. Further, the Ordinance states that no light source or combination thereof which casts light on a public street shall exceed one footcandle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed four-tenths footcandles as measured at the property line. The submitted photometric lighting plan demonstrates compliance with the City's exterior lighting requirements. f. Noise. The applicant shall abide by the maximum noise level guidelines as stated in residential land use limits in Chapter 18, Article Ill, Section 18-122 of the Spring Park City Code. No excessive noise will be permitted. The following provisions are required to monitor and to control noise levels: 1. Outdoor weatherproof noise monitoring equipment shall be installed, and a record of noise levels maintained. i) Reports of noise levels shall be submitted to the City monthly. ii) The applicant shall provide a detailed noise monitoring and mitigation plan. iii) Noise levels for a duration of 6 minutes or more in excess of what is allowed will alert the on-site management to take immediate actions to reduce the noise levels at the site. 2. These restrictions shall not apply if granted a special event permit approved by the City with exemption from noise standards. 3. In the event of the applicant receiving four(4) documented complaints, City Council reserves the right to limit hours of outdoor operations. This subsection 42-428 (7) (t) (3) does not limit the City's ability to revoke a conditional use permit. 4. Outdoor electronically amplified audio speaker shall be designed and located to direct sound toward the principal building on the site and away from adjoining properties. Property owner shall control 16 volumes to prevent noise levels at the property lines that exceed the City standard outlined in Chapter 18, Article lll, Section 18-122 of the Code. Staff Comment: See previous noise-related comments. Additionally, if live outdoor music performances are planned, such performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. To further mitigate potential noise impacts, the applicant has expressed an intent to cease outdoor dining activities at 10 pm. It is recommended that this be imposed as a condition of conditional use permit approval. 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: The lower-level floor plan appropriately illustrates table and pedestrian aisle locations within the proposed outdoor dining area. Clear passage zones of five feet are illustrated. 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: As previously indicated, the lower-level floor plan illustrates five- foot-wide aisles within the outdoor dining area. 17 j. Refuse containers are provided for outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. Staff Comment: The preceding requirement will be made a condition of conditional use permit approval. k. Property owners shall pick up litter within one hundred feet (100) of the patio area. Staff Comment: The preceding requirement will be made a condition of conditional use permit approval. 1. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. 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 when 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, 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 "plunge pool," located south of the building, will encroach within the 50-foot OHWL setback requirement. A 10-foot setback from the OHWL is proposed Restaurant Staffing. As part of previous plan review, questions arose related to restaurant staffing. As a follow-up, the applicant contacted two area restauranteurs related to recommended staffing levels. Specifically, Aaron Switz who operates the Yumi restaurant in Excelsior and the new Macanda restaurant in 18 Wayzata, and Deacon Eells, who operates the Coalition and Red Sauce Rebellion in Excelsior, were contacted. Both restaurant operators believe that 15 people (front and back of house) is adequate to operate a 150-seat restaurant at full capacity. Restaurant Access. The west building elevation illustrates a doorway access to the lower-level restaurant. Such doorway is not, however, illustrated on the lower- level floor plan. As a condition of conditional use permit approval, either the west building elevation or lower-level floor plan should be adjusted to reflect the intended inclusion or exclusion of west-facing restaurant doorway. Fire Pit Area. The submitted site plan illustrates a fire pit area located west of the "plunge pool." Construction of the fire pit will require the removal of some vegetation. The fire pit area is intended for the exclusive use of hotel guests and the Yacht Club members and will be segregated from the outdoor dining area via a fence and security gate. Rooftop Mechanical Equipment. The submitted plans indicate that rooftop mechanical equipment will be located in an area which potentially may be visible from the north side of the building. As a condition of conditional use permit approval, rooftop mechanical equipment must be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). Tree Preservation and Landscaping. The submitted landscape plan indicates that five existing trees are to be protected during construction activities and remain on the site. The applicant has also indicated that seven trees will be removed (to accommodate construction activities). In review of the submitted landscape plan, the following comments and recommendations are offered: 1. The removal of the silver maple and the crab apple trees in and along the parking lot is acceptable to accommodate additional parking and improved traffic circulation within the parking lot. These trees in their current condition provide limited site screening. 2. The removal of the locust trees along the south side of the deck is needed for the construction of the plunge pool. The landscape plan also calls for the removal of the shrubs along the south side of the deck and replaces them with sand. Staff recommends that the area east of the pool be revegetated with turf and shrubs instead of sand to provide plantings in the shoreland impact zone, storm water absorption and to prevent erosion. 3. The large oak tree in the southwest area of the parking lot is identified on the site plan to remain and be protected during construction. This tree provides significant visual screening of the outdoor activity areas and the parking lot. 19 As previously indicated, the applicant's arborists identify this oak tree as "decaying and splitting, which is a major liability to life and property. The tree should be removed due to the severity of the crack, hollowed trunk, and significant weight of the tree. Two certified arborists at Bratt Tree Company strongly recommend removing tree as it is major liability to pedestrians and vehicles at this location." The Planning Commission and Council will determine the fate of this tree. If the tree is removed, we recommend requiring some additional vertical planting (trees or shrubs) along the edge of the parking lot at the southwest corner of the building to visually screen the lights and activities within the outdoor dining area. The landscape plan includes the following new plantings; three evergreen trees, one ornamental tree, and 11 perennials (Hosts) are to be planted on the site. The three evergreen trees are to be planted on the east side of the sun deck and will provide year-round screening from the adjacent property to the east. The ornamental tree is to be located on the east side of the hotel building. The perennials are to be located on the north side of the hotel near the base of the building. The size of the proposed evergreen and ornamental trees exceed the minimum requirements of the Ordinance. Grading and Drainage. Grading and drainage shall be subject to comment and recommendation by the City Engineer. Utilities. As part of concept plan review, it was noted that the conversion of the building from office to hotel / restaurant will require extensive alterations to building plumbing and water supply. While municipal utilities have capacity for the change of use, building improvements will require extensive building permit review. Additionally, the change of occupancy will require the payment of additional SAC / WAC charges for the increase in water usage. Issues related to utilities shall be subject to comment and recommendation by the City Engineer. RECOMMENDATION Based on our review of the project narrative and plan submission dated 10/3/2022, City staff offers the following recommendations. Approval of the conditional use permit to allow a hotel in a C-4, Commercial Office zoning district subject to the fulfillment of the following conditions: 1. All applicable American Disability Act (ADA) requirements related to parking, site and building access shall be satisfied. 20 2. Docks associated with the proposed hotel use shall be subject to review and approval by the Lake Minnetonka Conservation District. 3. The parking of boat trailers upon the subject site be prohibited. Applicant shall provide additional information regarding trailer access and egress of the trailer storage site and verification that the proposed storage site is allowed to conduct trailer storage. 4. The width of the 60-degree parking stalls located along the site's north property line shall be expanded from 7.5 feet to 9 feet in width. (Loss of two parking stalls) 5. The compact parking along the east lot line across from the curb island containing the oak tree shall be reduced by one stall with the remaining stalls widened to 9 feet. (Loss of one parking stall) 6. The elimination of two parking stalls to increase the maneuvering areas for trucks leaving the site. (loss of two parking stalls) 7. If it is demonstrated that hotel or restaurant patrons are illegally trespassing and parking on private property, beyond 4165 Shoreline Drive, the City reserves the right to require the Yacht Club to pursue a conditional use permit for off-site parking. 8. The turning radius of the row end parking lot striping located near the northwest corner of the building shall be reduced to provide additional area for truck turning movements. 9. If the City approves the removal of the oak tree in the southwest portion of the parking lot, the applicant shall convert this area into parking and wider drive aisles and add vertical planting (trees or shrubs) along the edge of the parking lot at the southwest corner of the building to screen the lights and activities within the outdoor dining area. 10. The landscape plan be revised to install turf and shrubs in the area east of the pool instead of sand to provide plantings in the shoreland impact zone, storm water absorption and to prevent erosion. 11. Rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). 12. The trash enclosure shall be remotely locked to prevent access. Access to the trash enclosure shall take place only between the hours of 7 am and 10 pm on weekdays and 8 am and 8 pm on weekends and holidays. 21 13. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. Approval of the conditional use permit to allow a restaurant in a C-4, Commercial Office zoning district subject to the fulfillment of the following conditions: 1. All applicable American Disability Act (ADA) requirements related to parking requirements, site and building access shall be satisfied. 2. The width of the 60-degree parking stalls located along the site's north property line shall be expanded from 7.5 feet to 9 feet in width. 3. The compact parking along the east lot line across from the curb island containing the oak tree be reduced by one stall with the remaining stalls widen to 9 feet. 4. The City reserves the right to require the Yacht Club to pursue a conditional use permit for off-site parking if it is demonstrated that hotel or restaurant patrons are illegally trespassing and parking on private property, beyond 4165 Shoreline Drive. 5. Restaurant deliveries shall occur during daytime hours of 7 AM and 10 PM. 6. The turning radius of the row end parking lot striping located near the northwest corner of the building shall be reduced to provide additional area for truck turning movements. 7. The elimination of two parking stalls to increase the maneuvering areas for trucks leaving the site. (loss of two parking stalls) 8. If the City approves the removal of the oak tree in the southwest portion of the parking lot, the applicant shall convert this area into parking and wider drive aisles and add vertical planting (trees or shrubs) along the edge of the parking lot at the southwest corner of the building to screen the lights and activities within the outdoor dining area. 9. Rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). 10.The trash enclosure shall be remotely locked to prevent access. Access to the trash enclosure shall take place only between the hours of 7 am and 10 pm on weekdays and 8 am and 8 pm on weekends and holidays. 11.Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 22 12.The noise control elements cited in the project narrative shall be conditions of the conditional use permit and may be enforced by the City. 13.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. 14.Noise level durations of six minutes or more which are in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 15.In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. Approval of the conditional use permit to allow outdoor dining which is accessory to a restaurant in a C-4, Commercial Office zoning district subject to the fulfillment of the following conditions: 1. The City approve the conditional use permit to allow a restaurant use upon the subject property (the principal use to which outdoor dining will be an accessory activity). 2. The outdoor dining shall be limited to no more than 75 seats, shall not exceed the floor area illustrated on the approved site and building plans and shall comply with the design requirements of the Spring Park Zoning Code. 3. The entire outdoor dining area shall be enclosed with a fence or railing. The applicant shall provide details on locations and design of gates and latches providing access and egress to the dining area. 4. All applicable American Disability Act (ADA) requirements shall be satisfied. 5. The noise control elements cited in the project narrative shall be conditions of the conditional use permit and may be enforced by the City. 6. Collected noise monitoring data shall be shared monthly with the City to establish a record of noise levels and to track noise complaints and violations. 7. Noise level durations of six minutes or more in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 23 8. In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. 9. Outdoor dining activities shall cease at 10 pm. 10. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. 11. Refuse containers shall be provided within the outdoor dining area. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. 12. Yacht Club property owners (or their designees) shall pick up litter within 100 feet of the outdoor dining area. cc. Mary Tietjen Mike Nielson Scott Qualle Jamie Hoffman 24 THE YACHT CLUB HOTEL & MARINA Project Narrative Yachtzee Holdings, LLC and The Yacht Clib Hotel, LLC are on a mission to encourage people to slow down and spend time with the people they love.We are excited to create space for people to enjoy on the shores of Lake Minnetonka.Our intention is to convert the underutilized, landmark commercial building located at 4165 Shoreline Drive into a boutique hotel, restaurant, and marina.The site boasts many natural features including a sandy south-facing beach and sunset views over Spring Park Bay. It really is the perfect site for Lake Minnetonka's only direct lakefront hotel and is sure to become a destination location in Spring Park. Team Our team is led by Kelly Olsen and Annie Tursi.Olsen's career in real estate spans over twenty years, in both residential and commercial development.She has successfully tackled projects ranging from four million to ten million dollars. Olsen's recent project involved working closely with the City of Excelsior to successfully transform a historic 1858 Victorian home on Water Street, into a modern-day vacation rental and event venue. Annie Tursi has worked for two decades as a successful venture capitalist and business operator. Most recently she was an executive at Great Clips, Inc. where she led their app development and digital marketing teams.Tursi also grew up in Excelsior and has a passion for all things Lake Minnetonka.Tursi and Olsen are excited to bring their business expertise along with their passion for creating community and connection to this incredible space. We have selected the award-winning team at Doran Companies to do the architecture,design and construction for the renovation. Doran is led by CEO Anne Barhendt,a resident of Deephaven who shares our love of Lake Minnetonka.John Ferrier, President of Architecture at Doran, s leading the design. He has over 28 years of experience in leading architecture projects, including numerous hotels. President of Special Projects at Doran, Brent Lindstrom, Is the general contractor. Brent has over 25 years of construction experience, including experience in hospitality. We are thrilled to have this team of experts leading us through the renovation of the historic Yacht Club- Conditional Use Permits Together with the City of Spring Park,our team seeks to bring the first new lakeside hotel and restaurant to Lake Minnetonka in over one hundred years.To achieve these goals,the city approved a zoning amendment to the C-4 zoning district in August 2022.We have worked closely with city staff and our architecture and engineering teams to arrive at the attached proposal, which you will find meets all conditions as outlined for receipt of our Conditional Use Permis.We believe our plan is the highest and best use for this site as it is in alignment with the 2040 Comprehensive Plan and allows The Yacht Club to continue to act as a buffer between the neighboring high density residential property and adjacent County Water Patrol station. Exhibit A: Applicant Narrative THE YACHT CLUB HOTEL & MARINA Public Benefit There are numerous ways The Yacht Club Hotel & Marina will benefit the City of Spring Park and the entire Lake Minnetonka community as a destination location in the heart of Spring Park. Benefits include: • Revitalize an iconic landmark for residents both on land and by water,that honors the history of Spring Park. • The potential for a lodging tax to bring over$200,000 a year to the City of Spring Park. • An indoor and outdoor public gathering place for groups and families. • The project promotes a creative and efficient approach to land use, while promoting the health, safety, aesthetics,and economic viability of the City of Spring Park. Hotel Overview The Yacht Club Hotel will be a 30-suite upscale boutique hotel,the only lakefront hotel on Lake Minnetonka.The hotel will have 24-hour staff and onsite check-in.We envision the hotel will be a draw for locals wanting a "staycation,"as well as a destination for visitors nationwide. We will be operating the hotel under The Yacht Club Hotel, LLC.The hotel will be staffed 24 hours a day and will employ 2-3 housekeeping staff,an overnight security guard,two front desk attendants,a general manager and an engineer(maintenance) person.We anticipate that the average number of staff onsite during daytime/evening hours will be two to four. In addition to the employees mentioned above, we will use Minnestay,a local vacation rental company, for remote noise monitoring and cell phone technology to ensure that the noise levels are acceptable, and the maximum number of guests is not exceeded. If noise levels or guest counts are exceeded, Minnestay and onsite management will be immediately notified.All exterior doors will be automatically locked and monitored overnight by onsite security. Restaurant and Outdoor Dining Overview We plan to have a 150-seat contemporary casual restaurant in the existing event space and patio. Our vision is that the restaurant will provide accessible food in a beautiful setting. We are in the final stages of selecting a restaurant partner and look forward to letting the community know once the agreement has been finalized.We are thrilled to have some exceptional options for restaurant partners and are taking our time to select the right one for the community. We will have a walk-up cafe managed by the same partner that will be open for breakfast and lunch (open to the public but also to serve the hotel). Per the zoning ordinance,outdoor dicing will close by 10pm.The kitchen venting will be through the chase on the west side of the main staircase as indicated THE YACHT CLUB HOTEL & MARINA on the plans and out to a flat roof area in the middle of the building, over 150 feet from the property line. Parking Calculations Adequate parking is essential to any business. It is important to us and our future guests that we have adequate parking available. Because of the concern over parking during the zoning process, we have eliminated private offices in the business suite,which reduced our parking needs.We have calculated 102 parking spots needed based on the zoning ordinance and our planned uses.We believe this calculation is both conservative and realistic.The proposed parking lot will have 119 parking stalls, exceeding the 1C2 needed per the zoning ordinance, including 5 ADA compliant stalls(3 van accessible). The parking breakdown per the Spring Park C-4 ordinance is as follows: • Restaurant: 150 seats, 50 stalls • Kitchen:665sgft, 9 stalls • Hotel: 30 rooms, 30 stalls • Hotel staff: 2 housekeepers,front desk, maintenance,4 stalls • Marina: 21 boat slips, 7 stalls • Conference room, 330 square feet,2 stalls • Total needed: 102 stalls • Total available:119 stalls The above parking requirements are based on the full use of a mixed-use building and.gives no credit for dual patronage, time of day use differences, or transient boat slips-all of which we have.The cities of Wayzata(Code section 920.09)and Excelsior(Code section 19-7) have ordinances for mixed use that reduce the number of parking stalls required based on time of day and/or compatibility of uses. For example, Excelsior allows a restaurant to reduce parking by 25%if accompanied by a hotel, assuming 25%of patrons come from hotel rooms. Excelsior also allows a restaurant to account for one parking space for every transient boat slip, we plan to have 11 transient slips.Wayzata has allowed parking plans for the Boatworks development that assumes different demands on space at different times of the day. Meaning we would not count the conference room parking needed at the same time as the restaurant parking. If Spring Park adopted a mixed-use parking ordinance similar to Excelsior and Wayzata, it would reduce our parking needs by 12 for the restaurant (25%of 50 stalls accounted for in the hotel); 11 for the THE YACHT CLUB 1710TEL & MARINA transient slips and 2 for the conference room (assuming office use is at a different time of day than peak restaurant usage).That's a total reduction of 25 stalls for mixed use,which would mean our parking requirements would be 77 with 119 available. During the zoning process,there were also questions on the number of restaurant staff needed for parking requirements.The zoning ordinance requires 1 stall for every 80 square feet in the kitchen, which is 9.We were happy to follow up with local restaurateurs to confirm staffing levels as it relates to parking.We spoke with Aaron Switz who owns and operates several restaurants in the Twin Cities including Yumi in Excelsior and the new Macanda in Wayzata.We also spoke with Deacon Eells who owns and operates Coalition and Red Sauce Rebellion. Both Mr.Switz and Mr. Eells believe that 15 people (front and back of house) is adequate to operate a 150-seat restaurant at full capacity and both agreed that we could quote them on this matter. In fact, both parties said that depending on the concept,a restaurant operation could require as few as 12 staff at capacity. Boat trailer parking is not allowed in The Yacht Club parking lot and will continue to be prohibited. Currently, patrons who have slips in the Yacht Club marina put their boat in the water at a designated boat launch and then take their trailer to their home or other storage location.The only other guests that may need trailer parking would be a hotel guest who wants to trailer their boat aid use one of our transient slips. If allowed transient slips by the Lake Minnetonka Conservation District(LMCD), a few would be reserved for hotel guests. Our business plan assumes that at least a portion of hotel guests who are boating would be people who already have a boat on Lake Minnetonka and want a "staycation." Those hotel guests who trailer their boat and stay at the hotel would launch their boat at a designated boat launch and obtain parking for their trailer in designated overnight trailer parking Olsen Global has confirmed with Joel Mernik of Bump's Auto Body and Marine that he is willing to valet trailers from a designated boat launch to his facility and store them for hotel guests(please see attached email). It should also be noted that guests wishing to use a boat that has been trailered in for a single day have options to park at the launch in Spring Park Bay(7 trailer spots and two spots for vehicles), in addition to the local Hennepin County boat launch overflow parking lot. To reduce the number of car doors opening and closing at night on the property line, we will place designated hotel parking on the property line and work to keep restaurant parking on the east side of the parking lot. `Note that the survey included in the submission packet was done prior to the current parking lot striping.The current number of stalls is 103.The proposed plan and striping is for 119 stalls and follows city guidelines fcr size, turn radius,etc. Plunge Pool The pool will be a 30' by 8' plunge pool created out of a recycled shipping container. The pool will be heated year-round and the 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 cDver that will be THE YACHT CLUB I fOTEL & MARINA utilized on off-hours.The pool deck will be wood or composite and have sufficient spacing as to not increase the impervious surface. Based on feedback from neighbors and the city,we have 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 tc the outdoor staircase.There will be an ADA lift to provide access to the plunge pool as well. Noise Calculations and Mitigation The proposed ordinance(as well as Minnesota and Spring Park maximum requirements) requires that noise is not to exceed 65dBA during daytime hours(lam to 10pm)at a residential receiver.We have confirmed through our sound engineer that with the current patio configuration(sunken, below the parking lot with foliage and a berm as buffer),that we will easily meet this requirement even with a full patio of patrons. Our team retained Ryan Skoug of ESI Engineering to conduct a comprehensive sound study of both our site and a site with similar use as to what we are proposing. His report is included in your packet.The report contains findings that a patio of similar size and use is about 80dBA at the source during a peak time and when extended to the neighboring residential propery with the existing buffers,it would not be above 64dBA—below the regulation. Mr.Skoug's study conclusion is as follows: "Olsen Global is seeking approval from the City of Spring Park, Minnesota to renovate The Yacht Club into a mixed-use building that includes a restaurant with an outdoor patio. ESI Engineering was asked to perform measurements of noise near a similar outdoor patio,prepare an outdoor noise analysis, compare noise levels to the City of Spring Park Code requirements, and if necessary, develop recommendations to meet the applicable Code requirements.At the nearest residential receivers, noise must not exceed an L10 level of 65 dBA during daytime hours. The analysis findings showed that, without mitigation, daytime patio noise levels meet the 65 dBA requirement at the nearest residential receivers. No noise mitigation is needed for the outdoor patio to meet the daytime requirements." Despite this finding, we are proposing the following noise mitigation and monitoring: • Noise monitoring near the top of the stairs above the patio that will record data and alert property managers if it exceeds regulated levels for 6 or more consecutive minutes. We plan to use NoiseAware monitoring system for this purpose. THE YACHT CLUB HOTEL & MARINA • An S' x 4' x 12'fireplace with adjoining wall on the southwest corner of the patio to absorb and redirect sound. • A speaker layout and plan is included in your packet and includes speakers placed low around the patio. This plan is in line with the study that was done as confirmed by Ryan Skoug from ESI Engineering below: TSI Engineering worked with Olsen Global to evaluate future Yacht Club outdoor patio noise transmission to nearby aparment receivers. Sound data used for that analysis was taken from a similar sized outdoor restaurant that included people talking, ambient music, restaurant equipment, and traffic on the adjacent street. Our analysis found that no additional noise control measures to Me Yacht Club patio existing conditions (which did not include a sound wall) was needed to meet the Code requirements. Sheet S-1.0 of the Yacht Club Remodel drawings dated October 25, 2022 shows the installation of outdoor bollard speakers on the patio, which is in line with our analysis assumptions. The drawing also shows a new "Block Sound Wall"on the west side of the patio that will block line-of sight between the speakers and many of the apartment receiver locations, further reducing noise transmission." It is important to note we will have hotel guests staying next to and above the restaurant patio who will expect the quiet enjoyment of their lakefront guest rooms. That is to say that our interests in keeping the sound from the restaurant down are aligned with the city and our neighbor's interests. In addition, there will be noise monitoring in the hotel rooms.The rooms will be designed to not exceed 2 to 4 guests each and parties/additional guests will be prohibited. Minnestay employs technology to monitor both sound and the number of guests in each room and is alerted when/if the sound or number of guests exceeds acceptable limits. Trees Removal and Preservation We have identified 7 trees for removal during the redevelopment of the property. Over the course of this application process,we have had two arborists out to assess the site and condition of the trees. In their inspection they identified that the large burl oak tree has suffered significant decay and is"a major liability to life and property". (Please see the attached.) It is our intension to work with a tree specialist to cable the trunk of the tree and remove some of the limbs to eliminate this hazard. If we are unable to safely address the tree and have it signed off on by an arborist, it will have to be replaced with a new tree. We will also be planting four new trees along the eastern edge of the property. Deliveries and Trash Pick-Up The dumpster will be remotely locked during quiet hours(10pm to lam)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 lam to 10pm on any weekday or between the hours of Sam to 8pm on any weekend or holiday, consistent with the Spring Park City Code for any residential district. THE YACHT CLUB HOTEL & MARINA Marina / Docks We are working with the LMCD for approval to convert several 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 incoming and outgoing boats to the restaurant. Additional topic items relating to docks and parking are addressed in the parking section of this document. We do not anticipate any other boat traffic to be included in car parking calculations. Hotel guests may schedule a fishing charter;in which case the fishing guide boat would pick guests up at the dock and would not also require a slip or car parking. 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. We do request an exception to allow taps to be played on Friday,Saturday,and Sunday evenings at sunset to honor our US military veterans. In closing,we respectfully request that the City Council approve our application for conditional use permits. We thank the city for its consideration and strongly believe that The Yacht Club hotel& Marina will have a profoind and beneficial impact on the City of Spring Park for years to come. THE YACHT CLUB HOTEL & MARINA From: Molly Lang—o.y&olsm globa. subject: Re Vale:Traller Parking for Jse by'he Yacht Club Hotel In Spring Park Date: Jl<y 2D 2022 at 2 17 PM To: Joel Mernik bumpsaulloandmartnaWyaYao can Cc: Kelty Olsen keuy®olsen.global Thaekd,Bu-,tp-we real y appreaate year wll:ngness anc aGlity to help support'-le Yacht Ulub project' Kndy. Moll!Lang Cl,of Cpportindy cf icef Oaxn Global,LLC t* -1a.,QtW 952 463.50% On.nA 20 2022 a!9 59 AM Joey MernK at�KDf i.li[LIrN!43Yd?'tlg.SLMu wit+k+ yes we are w+:ling and able to do what ever it is you need for storage and vallet thank you Joel mernik Sumps Auto and Marine,Inc. 763-479-4494 rirte.corn On Tuesday,July 19,2022 at 03:01:06 PM CDT,Molly Lang cmolly9-ol1en olebal>wrote: FA Bump tLegal Name Joel Mernik). Thanks for visiting the other week about Olsen Global's invitation and ability to lease space from you in the coming summer months for overflow trailer parking,including overnight storage,via your bJsiness Bump's Auto&Marne. Please confirm that per our conversation,you are happy to provide two to four(or more,as needed) dedicated spaces for trailers for a fee of$100-$200 per month.Furthermore,please confirm that you are willing to provide valet service in transporting said trailers to and from The Yacht Club located at: 4165 Shoreline Drive Spring Park,MN 55384. Tie location of overflow trailer parking,including overnight storage,is property you own at: 5151 Hwy 7 Lester Prairie,MN 55354 If anyone,including City of Spring Park staff,has any questions about this arrangement,please also confirm that you can be reached at the following contact numbers: (Cell)612-964-6182 (Work)763-479-4494 Tiank you and please responc to this email with an affirmative. Knd regards. Molly Lang Chief Opportunity Officer Cls;aen Global,LLC 952-463-5099 THE YACHT CLUB HOTEL & MARINA ORA?'r Proposal 4V Brett Tree 1423E 26th Sheet TREE COMPANY Minneapolis. MN 55406 (612) 721-4153 Wilkinson 20221102-2 (110 W Proposal Date: 11/0312022 0 Olsen Global Jorie Wllkinsor 4165 Shoreline Or Spring Park MN 55384 Phone 6124835663 Arborist: Derek Chappell Rand 6/25050473 Worksite:4165 Shoreline Or derek@bratttree corn Spring Park,MN 55384 ti Item Description ----- qty Cost t Oak(Bur) Remove and Grind 1 $9.800.00 70"08H/West parking ov Remove tree and haul all debris Grind stump and haul stump grindings to g ade -Tree Is decaying 8 splitting,which is a major liability to life 8 property. Tree should be removed due to the severity of the crack, hollowed trunk,a significant weight of tree. Tovo cardfied arborists at Brett Tree Co.strongly recommend removing tree as It is a major liability to pedestrians d vehicles at this location. -Brett requires rocks around trees be moved away from trees prior to Winter freeze ro grind stumps. 3 Apple(3rab) Remove and Grind 2 t 2'DBW 2 Trees:Remove tree a o haul all detxis Grind stump and haul stump grindings to grade •Brett requires rocks around trees be moved away from trees prior to Winter freeze to grind stumps. 4 Maple(Silver) Remove and Grind 1 30'OBW West near roadl Remove tree and haul all debris Grind stump and haul stump grindings to grade. -Maple tree is decaying in multiple parts of tree.It would be best to remove tree to eliminate any risk of tree failure, especially considering cars will be parking underneath. -Brett requires rocks around trees be moved away from trees prior to Winter freeze to grind stumps. 5 Locust Removal 4 14"DBW 4 Trees near waterfronti Remove trees to ground level and haul all debris -Brett requests permission to set-up crane in back of Sheriff parking lot near water.Should need no more than 2 hours of access. -Brett may need to drive equipment over Arborvitae shrubs at base of trees.Shrubs will be damaged by this. -Arborvitae shrubs should be removed by landscaping company as they will be better equipped,because rocks at base of shrubs will also need to be removed. 6 Winter ONLY 1 G uu a n;,•Ici h tr .r:n Tree service lobe completed during Winter months(Jan-March;only Page t of 2 fke �1 u 1 � v r 1f ti a, DORANYacht Club Re Exhibit B: Existing Site Photographs II J3 w 0 Z-1�I z Lj rn fit Oil un C, i I 1 1111 I ! L L i1i M I I p NMI A S 0 YACHT CLUB REMODEL 4165 SHORELINE DRIVE SPRING PARK,MINNESOTA 55384 It z EXISTING CONDITIONS SURVEY SITE NOTES: SHORELINE DRIVE nAwA6E6 N o0 PV LIC ru�.+r.c:.war. ,< ALL 1 A N T — wc,s ...m.s u omw a+u*wa w� '33 My.—A—.. +ws—..sr wro.....o..c mcaa•c+avv.c.• su 700 ,nr W •,¢eppiq.MN 95102 ..�_\ '�`.__ \\ —` ________________ aa. iw+�-r�i'�"'c.ows..wa w.•n..�� 612756.3080 ..ems'_ \was— j. __ -;/_ _ � <..�.....®,..�,..�.®•... v i �.. E '-I= 1, v, •M1' .am e—w..,ras urs s t•.a.I '—s—�w r.rs, SITE DATA: oasrxic ...o.... .. [RJIIDNG .�,wa o 3 • n. J to s PARKING DATA: O cc co LEGEND: ..:... y� — � � Cana '�1,KE�THs�a'°'r EDEE CE tARC YMA4�f0NRA v�„� - _ �� ' \ �' E!OSRNG CiltB AtII1 GITEF PROPOSED REfAMR1G MA:L 11L \•..� = �� ElOSTWG STWu,as RAVEYENT CDraIE � - _ El6TR.G CONMTE RA1£YENr dm iVNOODYD 9ilYIliQ2 G4\4MENT COYCRETE PAVEMENT 1 {E165i1ND TREE[ANCPT rQ REYAW �— ON�� 1.--..—....r,..rJ NG6f 1WI MU 1_ ,,.q. pyi MMIp1YiE LOCATIW OE owns mTo 1ffYAw ��Ee,s a,-aO.) C0N5A11Ti0i wars Exhibit D: Site Plan suuE . raT ' ALLIANT 55-7 8HOREUNEDRI WARIAfte VAMIUeUC VE -------------------- ----------- 74 aY.. t SrTE DATA: uj 0 z LU 0o z o m PARKING DATA: 3 bc cc CL 3 LEGEND: ------- MCC Or LAKE M*PIETONRA PROPERTY LPoE DOSTV4 CAM AHD WrTER PROPOSED CLRS AND GUTTER ww"Assummcvo� EWTRK�WL"NOUS PAVEM"T PROPOSED BRAMMOLIS PAYTMERI owl N caKwm nmww DOSTPC TREE CAMOPY TO REWAN 1-i y.ft- ` Tom,c � ��e��JJJ 1166T 1.MRIA scur N FEET AwR EasTm TREES To on— OOm"z"I"uml- Exhibit E: Parking Lot Plan prorrMe none- Y\fOfl\>IOp]5)\Men.1..�1.\2�OOf5ereA.d�n Ner dt Mff-11.11an l t lij J , YYYIN r� p fi€oil x 11� ` Ye 1 f4 • � K �� ' �� Y, m R � av e'r r r � +� � �888#X• 2K A ft\Y•T 8*)r nnn A-w .�• "�---�— �� q p q I Y y r', JI a n. 6) i Cma ❑ I �� ,7]y tR 9 � � � Silt' EEm;411 , E3SE AEw �� fill a � � m t�'o v, O W YACHT CLUB REMODEL 9 i[qt ] D # sass sHOREUNt WVE '�P d r' E 1 -.-,Z PARK. .NESOTA 553E v_ tl Ds s � lit zgg 7 E E R3 G !I I� UTILITY,GRADING,DRAINAGE AND EROSION CONTROL PLAN LANDSCAPE LEGEND: OIY. 51110. COIYpI fete SCehTiY NAPE RWT �eJasms ALLIANT _ ,....,'",__..�.� a n sRrs sloe wuR rnus sIR®us'sroRE PEAR• c•»'-�0 Evu ror 733 ena.auase avm°e um — -.. - ---�`""�" — 1 a AUgR/1 sulrsa>011J�rt AYE4NCRIEII.oeAxOSLCIu auo r'dr NnnwO°:is.MN 55a02 —.__.. 11 R11N A110lef IIOOe IIfRM »OS*A'A1)OJJi Yocw 1 Gu.OdR. SHORELINE DRIVE --1 1. W o LANDSCAPE LEGEND: m 2 a "su ys r l m w a Q - g Iri rsRr.a © ------------ r . o '' m " Exhibit G: Landscape Plan sae r laer ' PS P III P, + R� A 9� =tRcz� A t a 3� t " o RAIas m �i7l)E1T .15 IR " „ Jill a loll 1 AA e� � s a g da Ix Ix k A 01 J u All;I C 8 �; �3 q i 09 d �� Qua t § If '9fil 11 loll if a a 4.1 f �� YACHT CLUB REMODEL D 4153 SMOREUNE DRIVE k=�` r F pp ( ] SPRING PARK.MINNESOTA SS394 m e � t°fit !� D I r z LANDSCAPE DETAILS R LAW A- IRV ir + 0.900 pli E1.4f, .t-IOK-UNVUST30FT Aw. IL �r vow omens- — --- /1 OA00 XXX-X%-71-,9L- ALL MACKET WPAIW AT MAT APPEC_I W 25/19 O.B00 1500E 10-MVOLT- D .90+9W OW -SFQ NbUM AT A__. /B 19Q6 ice- Yo• uNr Avg y i 9LmiL•rea R 05 c w Y N ♦� . Y fv�L w Y. 4 L \�\. f_. Y--Y- ^.�LI NCw ♦. N Y „-� _._ Y w N .. ..'�,I'.DK•avw wabna9fd'wh L b .i�. b b .. .. _�„ b Y w N b w 1b f. • N ♦ b`-Y L L ♦i N w w . 4 r � Y L N ♦. w Nib �. ♦1 ' 1� \• N w Y N Y ♦. Y Y N 1♦ . N 4 \ p. w L 4 b \• >✓ 1r \. / • N N \. w a. N \. . bl♦ � b..Z. \.•\r ITEM L Y L E. 1• U N S . N ♦ 4a N b ♦. b THE Be N N 1• .. .. 4 . w ♦, N Y• N a b \� Y �.• b 1. \ �-_. ..�� _ _. L w Y 1. \. L'b Y M ♦♦ N w N Y N \r N N , h� b ♦. y y',w �. .. v a. .. a. v \. v .. 1. v , b Y 1. a a. v } b µ �b�. ♦. Y �-,L�l Y w w Y ♦. v .r. v N N v .� w 1 �� I i ♦. w b l+ Y� U b Y N \ �. \. L'♦y� i b N ♦.TYPF Q• mEUU b y 1. w/1s.�4 • 4 Y b Y \M 6 1 b L L L Nf a b1 •N.r♦♦o.w�er Y • �I W \. \. b �. 11 L•.Y a, Y 1.1 N Y Y 1fi Y N Y I N Y L•\N•,Y a b •. b b b b L .. J�~ � .. w U b� L N w \. tl b a. ♦. b b y `L 1. -OIL • rPE PT w w L � b 1• b 1• a. b 4 L .,.��lR.�+, Y 1 .. • - _ :..Y.\' +ram O GENEN WTES: \ W Y A PV BE PRCUIICTS eOES NOT A5811L1E f1ERY � 1a \' �! Q CDLVtA NTEP{PI L ONOF TNE:CALf:LU1T%Pl Oe COI/LAnCE TO S M OF]CAL Sfa<YE.09 FEi1EJWL LII•.TW,.mOES OR OPMWICE6 S LICNRM"Y0OT6NDTPITRNEeF crosn nm F—j Z 0oCUMEMBW YTOULISIMTETEPEFFdW\NCE OF THE PICQ . U C.ALL FWADWSCALCUATXX4 W p N ARE S N M C61ECT&SLMACES- VJ sow:•.c•.a.: -- P-1 Exhibit H: Lighting Plan i i i i i _ I I m I I DOPA ' V Yacht Club Remodel Ex�1= Exterior Renderings 111 Spring Park,MN ARCHITECTURE I A3.01 ! i DWANO EXTERIORYacht Club Remodel i VIA 1VY�S.11Dl FlI DOPAN Ya Park, Remodel EXTERIOR RENDERING Spring Park.MN ARCHITECTURE A3.03 'silfl„CiilU I 711 MITI�A��AI�(IAI111 Yacht Club Remodel (III �IIIICC III� I - • RENDERINGS �� EXTERIOR _ o ° ,may . c YaM Oub Remodel Exhibit J- Building Elevations D 0 P.%..A N SprkV Park,MN e J ' W -- i ` 2.00 i 10 it 12 13 I ! g l I I I I I ! I I I I I I I Schema 1 Legend —-—-—- I'- -f-------�----I-----{----+—'--'�---0 �BARI COFFEE CORRIDOR ELEV.LOBBY GUEST ROOM ■KITCHEN G MECH s*� sF st I u sF I I ■RESTAURANT ERR 5F ---------- ---=— �. STAIR LL C STORAGE v sr r - 5- E lai l,, I I t I I N Pv...A Yaohl Lyub Remodel Exhibit K: Floor Plans D0N Spring Park,MN ru„� ARCHITECTURE A 1 .00 i I I Schema, Legend -------- - — -�- .� --- — �---+---j-- -f---�A �CONF. E,]CORRIDOR SF lam ELEV. ELEV.LOBBY t j I C GUEST ROOM /—. sr ■HOTEL OFFICE/ :r O e eF I I STORAGE ss ,. - ~ LOBBY ®ME RECEPT ION ORR ■SHOP STAIR-L1 lam In In1 s E]VEST. Gum ,Iv j I I ---_—_-------_---i-- —- --_ _—_ ( I I I I I I i I I I I I I i i I I N yr.ra czzx i>s+� DO Pv,...-AN Yacht Club Remodel I LEVEL 1 FLOOR PLAN Spring Park,MN ARCHITECTURE A 1 .01 Y Y Y Y Schema 1 Legend t A ❑CORRIDOR ®ELEV.LOBBY GUEST ROOM 1 _ sc + �� ❑MECH. ��ss�rroo`xx+rr I I [,,STAIR-L2 SF s= sF as ais `,ems* ru�si sF sF sF j t i I I I I ice, i I I i I 1 I I N DOP—A.N Yacht Club Remodel LEVEL 2 FLOOR PLAN Spring Park.MN ARCHITECTURE A 1 .02 --1-- r-- ----- - ---i---r---�--- -- -- --� - � --I--- --- -- __� M1 • ..•••s ws a.r IML- '1l3'2CQ$i�]:8 VM1t D O Pv...A N YacMOlobRaandd ROOF PLAN SpYp Park MN ARCHITECTURE I A 1.03 (i) esi engineering July 12, 2022 Ms. Kelly Olsen Olsen Global, LLC 3066 Island View Dr Mound, MN 55364 Subject: Summary Report for Restaurant Patio Outdoor Noise Control The Yacht Club—Spring Park, Minnesota Dear Ms. Olsen: We understand Olsen Global is seeking approval from the City of Spring Park, Minnesota to renovate an existing office building on Lake Minnetonka. The building is named The Yacht Club, and the proposed mixed-use spaces include hotel, business suite, restaurant, and commercial marina. The City is requiring Olsen Global to show that noise from an outdoor restaurant patio will meet the Code requirements at the nearest residential receivers. As shown in Figure 1,the patio is planned for the southwest side of the building, and the nearest residential property line is about 1 25'to the west. The typical patio noise sources will be speech from restaurant guests, ambient music, and occasional live music events. 4 Y n, ra_ht u„b n 000—Pe . N Figure 1 —Aerial image of the project site with noise monitoring location '1'identified. Structures I Vibration I Noise I Monitoring ESI Engineering Inc, 7831 Glenroy Road Suite 218, Minneapolis. MN 55439 952.831.4646 1 esi-engineering.com Exhibit L: Noise Study Ms. Kelly Olsen July 12, 2022 Clsen Global, LLC Page 2 ESI was asked to perform measurements of noise near a similar outdoor patio, prepare an outdoor noise analysis, compare noise levels to the City of Spring Park Code requirements, and if necessary, develop recommendations to meet the applicable Code requirements. The following is a summary of our analysis. Noise Code Requirements Minnesota Rule 7030: Noise Pollution, prepared by the Minnesota Pollution Control Agency (MPCA), has requirements for maximum allowable sound levels by receiving land use evaluated at the point of the nearest receiver. The City of Spring Park Code (Chapter 18, Article III) also has sound level requirements. The following are details related to the noise requirements: 1. The State requirements are provided per noise area classification (NAC). NAC 1 is residential and recreational land use, NAC 2 is commercial,and NAC 3 Is Industrial. 2. The State requirements specifically call for these levels to be evaluated as L10' sound pressure levels. The City Code only states that these are maximum noise levels without defining the specific type of sound level to be evaluated. We assume the City requirements are intended to be evaluated as the same L10 levels used by the State. 3. The City and State define daytime as being from 7:00 AM to 10:00 PM, and nighttime is from 10:00 PM to 7:00 AM. The requirements are to be evaluated over 1 hour periods and apply to all sources of noise with few exceptions. Based on our review of the State and City requirements, the noise level requirements are provided in Table 1. Table 1 —Minnesota and Spring Park Maximum L1O Noise Level Requirements Noise Area Receiver Daytime Nighttime Classification Type (7AM-10PM) (10PM-7AM) I Residential 65 dBA 55 dBA 2 Commercial 70 dBA 70 dBA 3 Industral 80 dBA 80 dBA We understand the restaurant patio will not operate after 10:00 PM. Therefore, noise from the patio should meet the L10 noise level requirement for residential receivers of 65 dBA' during daytime hours. 1_10 Is the sound level that is exceeded 10°l0 of the time during a measurement period. AS defined in ANSI S 12:60,"A-weighted sound level. Sound pressure level measured with a conventional frequency weighting that roughly approximates how the human ear hears different frequency components of sounds at typical listening levels for speech. The A-weighting (see IEC 61672-1) attenuates the low-frequency (or low-pitch) content of a sound. A-weighted sound level is expressed in decibels,unit symbol dB[AJ." Ns. Kelly Olsen July 12, 2022 Olsen Global, LLC Page 3 Outdoor Noise Monitoring Results On Thursday, June 30, 2022, Mr. Ryan Skoug of ESI Engineering set up noise monitoring equipment near the southwest corner of The Yacht Club proper_y (see location '1' in Figure 1 above). The equipmert logged hourly noise levels over a 24-hour period from noon on the 30`h to noon of the following day. The equipment was removed from the site on the afternoon of Friday, July 1 s'. The measurement methodology followed the MPCA requirements and recommendations. Figure 2 shows a photo of the equipment at the monitoring location. F =1i A ti f Figure 2—Photo looking west towards the monitoring equipment at the north location. The measurement results are provided in Attachment A. Each sheet shows a plot of the one second and hourly noise levels for a 12-hour monitoring period, and a table with the hourly L10 noise level results for that period. The oudest L10 hourly noise levels were 55 dBA during daytime hours, which is less than the 65 dBA Code limit for residential receivers. The primary noise sources were traffic on Shoreline Drive and birds chirping. These results are prcvided for reference only because the Code requirements do not include the contribution of ambient noise at the site. Ms. Kelly Olsen July 12, 2022 Olsen Global, LLC Page 4 Outdoor Patio Noise Measurements Measurements were also made near the outdoor patio of a local restaurant. The patio was s'milar in size to the patio of The Yacht Club. The measuremert position was about 75' from the center of the patio. According to Google, some of the most active hours for this restaurant were Thursday evenings during the 6:00 PM and 7:00 PM hours. The restaurant closed at 9:00 PM. Therefore, measurements were made on Thursday, June 30, 2022 from 6:00 PM to 9:00 PM. The measurement results are provided it Attachment B. Each sheet shows a plot of the one second and hourly noise levels during the 3-hour monitoring period, and a table with the hourly L10 noise level results for that period, The primary noise sources were people talking, ambient music, restaurant equipment, anc traffic on the adjacent street. The activity noise levels were loudest around 7:00 PM, as shown in Figure 3. When the one-hour period from 6:30 PM to 7:30 PM was evaluated, it was found that the L10 level was 64.9 dBA during this period_ This loudest hourly L10 noise level was used as the daytime patio sound level for The Yacht Club analysis, which is discussed in the following section. 90 d6A m a 80 70 J h h O 0 6a 6:00:PM 7:00:PM 8:00:PM 9:00:PM Time,h.m.s AM/PM Figure 3—Measured one-second sound pressure levels near an outdoor patio. Ms. Kelly Olsen July 12, 2022 Olsen Global, LLC Page 5 Noise Analysis Calculations were prepared to evaluate outdoor patio noise at the residential property located west of The Yacht Club. A contour plot of the patio noise at nearby receivers was developed using the calculation results for the daytime conditions. The calculations included the=ollowing: 1. Source data for the analysis from the daytime L10 patio noise level measurements (discussed in the previous section). Table 2 shows the sound power levels that were used for this source. Table 2—Patio Source Sound Power Levels Sound Power Levels(dBA)Per Frequency(Hz) Overall Sound Patio Area Power Level Source 63 125 1 250 1 500 1 1k I 2k 4k 8k (dBA) Daytime 63 j 68 72 76 80 1 76 69 59 84 2. Sound barrier and acoustic reflection effects caused by the topography and buildings at the site. 3. Calculated west property line receiver location was evaluated at a height of 5'above the ground level, which is 16' above the patio elevation. 4. Calculated apartment building receiver locations were evaluated at a height of 45'above the patio elevation, which we estimated as the elevation cf a person standing on the top floor apartment balcony. Figure 4 shows a contour plot of the calculated noise levels at a height of 45' above the patio elevation. The level at 5' above ground at the property line is also shown in the contour plot. The loudest daytime noise level results at apartment building upper floor balconies were calculated to be 64 dBA. The loudest level at 5' above ground at the property line was calculated to be 58 dBA. Assuming the restaurant patio will only operate during the daytime hours of 7:00 AM to 10:00 PM, noise mitigation is not needed to meet the City and State L10 requirements of 65 dBA. Ms. Kelly Olsen July 12, 2022 Olsen Global, LLC Page 6 ........... 57 NOISE LEVEL XEY AT 45'ABOVE _ AT S'ABOVE >_95 CMA PATIO ELEVATION GROUN _ <B5 dBA ® <BOdBA <75dBA [—] <70dBA 58 <65 dBA _ <60dBA a _ <55 dBA _ <50 dBA 64 _ <45dBA <40dBA / _ <35 dBA 64 r N Figure 4-Noise contour plot evaluated at 45' above the patio elevation,showing daytime patio noise levels from The Yacht Club outdoor patio without mitigation. Ms. Kelly Olsen July 12, 2022 Olsen Global, LLC Page 7 Conclusions Olsen Global is seeking approval from the City of Spring Park, Minnesota to renovate The Yacht Club into a mixed-use building that includes a restaurant with an outdoor patio. ESI Engineering was asked to perform measurements of noise near a similar outdoor patio,prepare an outdoor noise analysis, compare noise levels to the City of Spring Park Code requirements, and if necessary,develop recommendations to meetthe applicable Code requirements. Atthe nearest residential receivers, noise must not exceed an L10 level of 65 dBA during daytime hours. The analysis findings showed that, without mitigation, daytime patio noise levels meet the 65 dBA requirement at the nearest residential receivers. No noise mitigation is needed for the outdoor patio to meet the daytime requirements. We appreciate the opportunity to serve the needs of Olsen Global on this project and remain available to assist in the resolution of these and any other matters. Please let us know If you have any questions or need more Information. Sincerely, Ry n L. Skoug, P.E. ( INCE Rd. Cert. Anthony J. Baxter, P.E. (MN) Consulting Engineer Principal ESI Engineering,Inc. ESI Engineering,Inc. Attachments File: P2861 Olsen Global-Summary Report for The Yacht Club Patio Noise Control,Jul 12,2022 ver 2 ZZOZ'Z t Alnr-io-nuo:)asION oRed qnl:)34:)eA a4l eiealuawainseaW asloN 3ualgwlanaH-VZ b;uaw43e:Ab @i esi engineering Acoustic Test Results MinneapnGs,Minnesota i o:952.831.4646 i esi-engineering.com Project No: P2861 Analyzer: Larson Davis 831 s/n 4694 NProject Olson Global-The Yacht Club Preamplifier: Larson Davis PRM831 sin 070949 Location: Spring Park. MN Microphone: Larson Davis 377C20 sin 320010 Engineer: R.L.Skoug Calibrator: Larson Davis CAL200 sin 18322 Last Calibrated: December 9,2021 Location: The Yacht Club-SW Property Line Meteorology: Temperature: 65'F-92°F Date: 6/30/2022 Wind Speed/Dir.: 0-16 MPH/N Start Time: 11:56:12 AM Humidity: 33%-65% End Time: 12:00:00 AAA Calibration Check: Calibration Frequency: 1 kHz Run Time: 43428.0 seconds Initial Calibration: 94.1 dB Final Calibration: 94.1 dB Measurements: Thursday Afternoon-A-Weighted One Second Last Cal.Check: 711122 @ 12:17 PM and Hourly Ambient Noise Levels 2206.'i000.UW•L4F - — - - 120"OOp.I.DD•LN 10 7P000OOl00•I1/0D 4u50 • wusA i 0 P 1 1 I -J I w w w w eeM PM 101"PM IMM AN Tins,6.m a AAMW Noise MonNorittg. — Measured Hourly L10 Data T"ML10 Time L10 1 Time L10 Time _ L10 M _ SBA.!6_00_ PM 55 CIBA 900:00 PM.__ 55 dBA 7 A 8' 90 dBA Noise Monitoring - Measured Hourly L50 Data Time L50 .Time L50 Time _ L50 Time L50 1 -00:00 PM 51 dBA_3:0D 00 PM 51 dBA 6 000 62 dBA -;QM PM 50 dBA 1:00:00 PM 51 dBA_14*0-:00 PM 52 dBA 7:00:0111 M _ 50 dBA, 1QW,00 PM 47 dBA _ MAPM__.__ KdM I'�' OM PM _52 WA B:OO;DUN_.__. 51 deA 11:00:00 PM 46 dBA Figime Al esi engineering Acoustic Test Results Minneapolis,Minnesota I o:952.531.4646 1 esi-engineering.com Project No: P2861 Analyzer: Larson Davis 831 sin 4694 Project: Olsen Global-The Yacht Club Preamplifier: Larson Davis PRM831 sin 070949 Location: Spring Park,MN Microphone: Larson Davis 377C20 sin 320010 Engineer: R.L.Skoug Calibrator: Larson Davis CAL200 sin 18322 Last Calibrated: December 9,2021 Location: The Yacht Club-SW Property Line Meteorology: Temperature: 65°F-92"F Date: 7/112022 Wind Speed/Dir.: 0-16 MPH/N Start Time: 12:00:00 AM Humidity: 33%-65% End Time: 12:15:07 PM Calibration Check: Calibration Frequency: 1 kHz Run Time: 44107.0 seconds Initial Calibration: 94.1 dB Final Calibration: 94.1 dB Measurements: Friday Morning-A-Weighted One Second Last Cal.Check: 7i1122 @ 12:17 PM and Hourly Ambient Noise Levels 22070100.LD0- 22070 f M LDO-uY U41 1D 22070100 LOD-LN50 9 0— - rMASIA MMM • gum IUM a° N _ I I - 1t00a0 AM 240=AM 4:00.4o AM •00110 AM y PM Tom.h.m.s AUPM Noise Monitoring Measured 00 Data _ L10 I Tkm LID Time L10 Tune L10 A 6:00;00 AM 53 dBA AM 54 dlRA AM 47 dBA 4:00_;4Q AM 48 dBA:7:OQ.W AM__ ,_ 56 dBA_ 10:00-- AM _55 dBA 500:00 ARC`._ 50 dBA 8:00:00 AM 54 dBA. I100.00 AM 54 dBA Noise Monitoring Measured Hourly L50 Data Time L50 Time L50 Time Lw Timt L60 12:00:00 AM 44 dBA.3 OO:OO AM_ 43 d8A.6:00:00 AM 49 dB- ;00 AM 5o dBA_ 1.00:00 AM 44 dBA.4AQM. _ IA - 439—M_7.00.00 AM 51 d9A 1Q:00 00 AM 51 dBA 2:00:00 AM ___43 dBA-50-.90A-M- 48 A 8.00_00/1M 51 dM 11:00.00 AM 51 A Ro"A2 Attachment B Outdoor Patio Noise Measurement Data The Yacht Club Patio Noise Control-July 12,2022 @r esi engineering Acoustic Test Results Minneapolis,Minnesota I o:952.931.4646 ( eswengineering.com Project No: P2861 Analyzer Larson Davis 83' s/n 3553 Project. Olsen Global-The Yacht Club Preamplifier: Larson Davis PRM831 s/n 029391 Location: Spring Park,Minnesota Microphone: Larson Davis 37TC20 s/n 315625 Engineer. A,A.J.Schmitt Calibrator: Larson Davis CAL200 s,'n 18322 Last Calibrated-. February 11,2022 Location: Parking Lot Near Restaurant Patio Meteorology: Temperature: 80-85°F Date: 6/30/2022 Wind Speed/Dir,: 12-16 MPH/NW Start Time: 5:50:58 PM Humidity: 33-39% End Time: 9:01:27 PM Calibration Check: Calibration Frequency: 1 kHz Run Time: 11429.0 seconds Initial Calibration: 93.9 dB Final Calibration: 94.0 dB Measurements: Thursday Evening-A-Weighted One Second Last Cal.Check: 6130/22 @ 9:02 PM and Hourly Ambient Noise Levels 22063aanT66=1AF �odauoo.tan•uno — r.M�r r1r warn dRA ff i 4 a eo 6:00:PM f9et/r lbw,bm.s AMrPl11 Noise AAorii�kl9 M"Sli nd Hourly L10 Data T`In* L10 -00:00 P_ __64 0 d 00 VZOM Figure B7 esi engineering Acoustic Test Results Minneapolis,Minnesota i o:952.831-4646 1 esi-engineering.com Project No. P2861 Analyzer: Larson Davis 831 sin 3553 Project: Olsen Global-The Yacht Club Preamplifier: Larson Davis PRM831 s!n 029391 Location: Spring Park,Minnesota Microphone: Larson Davis 377C20 sin 315625 Engineer: A.A.J.Schmitt Calibrator: Larson Davis CAL200 s/n 18322 Last Calibrated: February 11,2022 Location: Parking Lot Near Restaurant Patio Meteorology: Temperature: 80-85"F Date: 6/30/2022 Wind Speed/Dir.: 12-16 MPH/NW Start Time: 6:30:00 PM Humidity: 33-39% End Time: 7:30:00 PM Calibration Check: Calibration Fr equency: 1 kHz Run Time: 3600.0 records Initial Calibration: 93.9 cB Final Calibration: 94.0 dB Measurements: Thursday,6:30-7:30 PM-A-Weighted One Second Last Cal.Check: 6130122 9:02 PM and Hourly Ambient Noise Levels(1-10 Evaluation) s.70-r.A-LAF•111"610t>•00) m - -- { _- --- - 6:34d1 a C. MO d\A dBA � UJ�,► L _ w S I � z _ 1 a • ! I I ! I I 1 I II I I 1 }-i-H 711710,hAL& 0- -7.x-1A 8P6 -Lwow 4 d9 �� (A)* ¢ a !u v, u- c 3 31.6 14 63 125 2S0 5L0 /K 2K 4K 6K 16K (L)'(Ar 113 Octave Band Frequency,Hr 1-1.0:69.8 dBA L50.0:61.5 dBA 1-95A:59.0 d9A Leq:62.7 dBA LIU:"A dBA 1-90A 59.4 018d► LMire 57.0 dBA LMn:7&4dBA 6.30-7.30 1/3 SPL Spectrum-Linear Hz dB Hz dB Hz dB Hz dB Hz_ dB Hz d6 25 67.0 di 55.0 dQ- 58.2 d8 00 0.8 0_!21% 48.9 dB NM 36 2 3150 47.2 dB 10000 40 63.1 25 61.4 dB 400.__.__.§4.3 dB 1260___M,0 dB 4000 44.2 d 1500 2�,�� 50 0 59.5 dB 500 55.8 dB_ 1� 53.3 dB 5000 _. 4�.4-df_ 12_5M t33 84.3 d8 200 57.3 dB 630 57.8 dB 2QQQ 51.7 dB _6300 ___X@_SIB. . 4Q40� Figure 82 Kelly and Annie, Andrew and I have been working on the patio noise calculations. The following image shows a preliminary noise contour plot of the louder daytime patio noise levels that propagate to adjacent properties. < 35.0 35 0 <_ < 40 0 =400 <= . <450 55 ' =450 <= < 50 5 �505 <= . < 55 0 M55.0 <= ... < 60.0 60.0<= ... < 65.0 65.0 <= < 70.0 70.0 <_ _ < 75.0 e� 75 0 <_ . < 80.0 u =800 <= < 850 85 0 <_ The calculations include the following: 1. Daytime patio L1O noise level source of 64.9 dBA at a distance of 75', which was the L1O level measured at Back Channel between 6:30 PM and 7:30 PM (the more active one-hour time period). 2. Sound barrier and acoustic reflection effects caused by the buildings and topography at the site. 3. Calculated receiver sound levels 5'above the ground level for the noise levels shown by the colored contours. 4. Calculated west property line receiver location (57.6 dBA noise level) evaluated 5'above the ground level. S. Calculated apartment building receiver locations (55.1, 61.2 and 61.3 dBA noise levels) evaluated at a height of 45' above the patio height, which we estimated as the height for a person standing at a top floor apartment balcony. tti..................... � 1, 14' / � r y � \ Fs 1 O 1 1 A I m it m I 13 IiIt 1 \ � 1 m SE YACHT. 3 YACHT CLUB REMODEL 9' D N � I } 6 � s ��9 S41 4165 SHORELINE ORIVE �N� ry r ? C I j 3 Zf;ggs SPRING PARK,MINNESOTA 55384 n D_ �bf 8 Z C t f t r y j• ; SOUND PLAN r 1 J)J t \ i t \ n O 1 t 1l \ It ' m m I I � \ I .�1 I I i � EI Q!9•z � S .T Z 2�1 A x d 7 N C }p q' s g IE YACHT CLUB REMODEL D 7 A 0 R C '� ? •1"1 t165 SHORELINE DRIVE r Q � 3-��3 a� SPRING PARK,MINNESOTA 553EA �� x�{$$1 r Rif O ap p A I Ili 2 6> Z 3 }!f F �# TRUCK TURNING-IN W D.nWo.n nee z\ann\alaazs Tnl�+..sale\a10na51n.eLa.Awn Nev Ql 2Ma- I1.33em .1 1 ; v A� 1 1 � br I It I I � q _ YACHT CLUB REMODEL s ' 9�y p D p i � 4185 SHORELINE DRIVE ; r F Q�� I � f3yy � ;z- SPRING PARR, MINNESDTA$SSE �}y 4STF� r z EE• b]TRUCK TURNING•OUT Application No. 22' -' LUA CITY OF SPRING PARK GENERAL LAND USE APPLICATION SPR/111G PARK OnL*Xmtoko APPLICATION TYPE: ❑Ordinance Amendment ❑Variance Request ❑Interim Use Permit Request Conditional Use Permit ❑Rezoning Request ❑ Site&Building Plan Review ❑Administrative Permit ❑ Other(please specify below) PROPERTY INFORMATION r�Property Identification Number(PID): '✓ 4 - �- Street Address: i Par KI .M Legal Description: Othcr Information: 1 APPLICANT INFORMATION - 4ppli t ame Phone a SOV-'tr)(-A MNI �4 �L12��}(�f�P,i 11/1 kJ(r' O`1. 1 2 t �i1/l scats 0�, zip Code Buainess.Addrep8 s t/-f L[\, [)I SEV) / U- U ZZ- 1 -0- NiLme/TMe Contact Pcnod Phone#For Contact Person PROPERTY OWNER INFORMATION(if different than applicant) arl Phone rn PriY-V- Bus' ess ame Ctty ( State Code ( h ess s Umail s V7 f o _ toll-:11-L 21 Name itle Contact Pethon Cell #For Contact Person DESCRIPTION OF REQUEST Existing Use of Property: Id City of Spring Park-4349 Warren Avenue,Spring Park,MN 55384 Phone: (952)471-9051 /Fag: (952)471-9160/Web:www.ci.spring-park.mn.us Nature of Proposed Us Reason to Approve Request, J �AT- Please describe any previous applications pertaining to the subject site Project Name: li & vt A—) Date of Application: l 1 1 :z ! Z� APPLICATION FEES&EXPENSES: The undersigned has paid the application fees and posted the required escrows for this application. The undersigned agrees to pay all expenses incurred by the City of Spring Park for review and processing of this application,including expenses for legal, planning,engineering,administrative and/or other professional services. If these expenses exceed the application fee paid and the posted escrows,the undersigned understands and agrees that it is the responsibility of the applicant and property owner to pay such expenses in full within 30 days of the date of the bill from the City.If the City does not receive payment in full within 30 days of the date of the bill,the City may approve a special assessment against the property for the full amount of such unpaid expenses and the property owner specifically agrees to waive all appeals under Minnesota Statutes 429.82. All fees and expenses are payable in full whether the application is approved or denied Escrow funds received in excess of the City's expenses for review and processing of the application will be returned to the applicant/property owner. I,the undersigned,hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy, code,and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with the established City review procedures and Minnesota Statutes Section 15.99,as amended,supplemented,or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99,as amended,supplemented or replaced from time to time,the City will notify the applicant within 15 business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denial of this application. A complete application shall include a completed and signed application form,payment of all required fees and escrows,and a complete plan submission for the specific application. The undersigned, an applicant for a permit under the rules and regulations of the City of Spring Park, understands and consents to the release and use of private or confidential data,as described above. I acknowledge and grant permission to any City staff members,city consultants,council,or planning commission members to access the property named in this application at any time during the application process in order to view, evaluate and understand this request. Application No. 22-, — LUA CITY OF SPRING PARK GENERAL LAND USE APPLICATION ORMW PAM On cake 9whwt-n6 APPLICATION TYPE: ❑ Ordinance Amendment ❑Variance Request ❑Interim Use Permit Request 1(Conditional Use Permit ❑ Rezoning Request ❑ Site&Building Plan Review ❑Administrative Permit ❑ Other(please specify below) PROP RTY INFORMAT N �} Properly Identification Number(P1D): _ 2, — L- Street Address: Legal Description: Other Information: Q Li APPLICANT INFORMATION App1iFV4filame Phone Gt �C� fllc�i�kt�Ll-G Qov-'In c&V- r� S �� Business Name `� State Zip Code 4i(P5 Skor�lln� Dr &E� (20Ci l � � • �o B ss Address mad Address iz-c,t i\,, n i�rh F o 14 Name Title Contact Pirson Cell Phone#For Contact Person PROPERTY OWNER INFORMATION(if different than applicant) Owner's Name �r Phone CAAA urines Name J � ty l � � � Sta� Zip Code 41 w� 10ir-d.I ne,Business sUSCA F r{///_1'1 snail A s Name itle Contact Phson Cell Phone#For Contact Person DESCRIPTION OF REQUEST r ? Existing Use of Property: nKlrc 2 City of Spring Park 4349 Warren Avenue,Spring Park,MN 55384 Phone:(952) 471-9051 /Fag: (952)471-9160/Web:www.cispring-pa&rnn.us Nature of Proposed Use: Reason to Approve Reques r Please describe any previous applications pertaining to the subject site Project Name C� t t �� _ I M-AY I l Date of Applicatior�- APPLICATION FEES&EXPENSES: The undersigned has paid the application fees and posted the required escrows for this application. The undersigned agrees to pay all expenses incurred by the City of Spring Park for review and processing of this application,including expenses for legal, planning,engineering,administrative and/or other professional services. If these expenses exceed the application fee paid and the posted escrows,the undersigned understands and agrees that it is the responsibility of the applicant and property owner to pay such expenses in full within 30 days of the date of the bill from the City.If the City does not receive payment in full within 30 days of the date of the bill,the City may approve a special assessment against the property for the frill amount of such unpaid expenses and the property owner specifically agrees to waive all appeals under Minnesota Statutes 429.82. All fees and expenses are payable in full whether the application is approved or denied. Escrow funds received in excess of the City's expenses for review and processing of the application will be returned to the applicant/property owner. I,the undersigned,hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy,code,and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with the established City review procedures and Minnesota Statutes Section 15.99,as amended,supplemented,or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99,as amended,supplemented or replaced from time to time,the City will notify the applicant within 15 business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denial of this application. A complete application shall include a completed and signed application form,payment of all requited fees and escrows,and a complete plan submission for the specific application. The undersigned, an applicant for a permit under the rules and regulations of the City of Spring Park, understands and consents to the release and use of private or confidential data,as described above. I acknowledge and grant permission to any City staff members,city consultants,council,or planning commission members to.access the property named in this application at any time during the application process in order to view, evaluate and understand this request. Application No. 22- - LUA CITY OF SPRING PARK GENERAL LAND USE APPLICATION SPQR M PMK on rA6 arm APPLICATION TYPE: ❑Ordinance Amendment o Vatiance Request ❑Interim Use Permit Request Conditional Use Permit a Rezoning Request ❑Site&Building Plan Review •• o Administrative Permit o Other(please specify below) ( y/RMA ' PROPERTY INFO TON Q Property Identification Number tID,): O I 3 - � 2Z Street Address: L41 V!VYi in ir, j/' , Y Cl Legal Description: b Other Information: ` APPLI INFORMATION t Hame _� -1 � �� Phone Business G v �M �k 1 Ids ,S1nDr A i re) a � 120 � I CAI rw �p Cade Addrqu EE-mat�Address Name itie tact Pets a Cell Phone#For Contact Person PRO ERTY OWNER INFORMATION(if different than applicant) a Name C Phone Business Stateuo l fl code BuataeasE-mag Address N itle Contact P oa —""` �.eu Phone#For Contact Person DESCRIPTION OF REQUEST Vc Existing use of Proper�y MI5 o . r4. # So 4G � �to�oo -"CVpvV _ #b oo City of Spring Pa549 Warren Avenue,Strong_ter,MN 55384 "�---- "� � `Phone: (952)471-9051 /Fax: (952)471-9160/Web:www.cis pjing-p2&mn.us Nature of Proposed Use; Y} Reason to Approve Request: C� (�V r( l 1, vu Please describe any previous applications pertaining to the subject site Project Name: :�Anf,_l ado i WL 4o 1 d �'• V L�A 1�4 �V Date of Application:_V( 12� APPLICATION FEES&EXPENSES: The undersigned has paid the application fees and posted the requited escrows for this application. The undersigned agrees to pay all expenses incurred by the City of Spring Park for review and processing of this application,including expenses for legal, planning, engineering,administrative and/or other professional services. If these expenses exceed the application fee paid and the posted escrows,the undersigned understands and agrees that it is the responsibility of the applicant and property owner to pay such expenses in full within 30 days of the date of the bill from the City.If the City does not receive payment in full within 30 days of the date of the bill,the City may approve a special assessment against the property for the full amount of such unpaid expenses and the property owner specifically agrees to waive all appeals under Minnesota Statutes 429.82. All fees and expenses are payable in full whether the application is approved or denied Escrow funds received in excess of the City's expenses for review and processing of the application will be returned to the applicant/property owner. I,the undersigned,hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy,code,and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with the established City review procedures and Minnesota Statutes Section 15.99,as amended,supplemented,or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99,as amended,supplemented or replaced from time to time,the City will notify the applicant within 15 business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denial of this application. A complete application shall include a completed and signed application form,payment of all required fees and escrows,and a complete plan submission for the specific application. The undersigned, an applicant for a permit under the rules and regulations of the City of Spring Park, understands and consents to the release and use of private or confidential data,as described above. I acknowledge and grant permission to any City staff members,city consultants,council,or planning commission members to access the property named in this application at any time during the application process in order to view, evaluate and understand this request CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 2022 - AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER 12—BUSINESSES, BY ADDING ARTICLE V. THC PRODUCTS, ESTABLISHING LICENSING FOR THE SALE OF THC PRODUCTS REGULATED BY MINNESOTA STATUTES, SECTION 151.72 THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Spring Park hereby amends Chapter 12 by adding a new Article V. THC Products as follows: ARTICLE V. THCPRODUCTS DIVISION]. GENERALLY Sec. 12-50. Purpose and intent. (a) Purpose. The purpose of this section is to regulate the sale of any product that contains tetrahydrocannabinol ("THC") and meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72 ("THC products") for the following reasons: (1) The city recognizes that, based on the most reliable and up-to-date scientific evidence, the introduction of legalized THC products presents a potential threat to the public health, safety, and welfare of the residents of Spring Park. (2) The city has the opportunity to be proactive and make decisions that will mitigate this threat, reduce exposure of young people to THC products, curtail the marketing of THC products to young people, and improve retailer compliance with existing laws related to THC products. (3) A local regulatory system for retailers of THC products is appropriate to ensure that such retailers comply with laws and business standards of the city of Spring Park to protect the health, safety, and welfare of our youth and other vulnerable residents. (4) Minnesota Statutes, section 151.72 requires THC product retailers to check the identification of purchasers to verify that they are at least 21 years of age, comply with certain packaging and labeling requirements to protect children and youth, and meet certain potency and serving size requirements. (5) State law further authorizes the Minnesota Board of Pharmacy to adopt product and testing standards in part to curb the illegal sale and distribution of THC products and to DOCSOPEN\SP275\1\836560.v2-11/3/22 ensure the safety and compliance of commercially available THC products in the State of Minnesota. (6) State law does not preempt municipalities from adopting and enforcing local ordinances to regulate retailers of THC products, including, but not limited to,business licensing requirements. (7) Establishing licensing requirements for retailers that desire to sell THC products will not unduly burden legitimate business activities of such retailers who sell or distribute THC products to adults but will allow the city to effectively regulate the operation of lawful businesses and discourage violations of THC product-related laws. In making these findings and enacting this section, it is the intent of the city to facilitate responsible retail activities associated with THC products by allowing legal sale and access without promoting increases in use, and to discourage violations of THC product-related laws, especially those which prohibit or discourage the marketing, sale or distribution of THC products to underage persons, as defined herein. Sec. 12-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Compliance checks. The system the city uses to investigate and ensure that those authorized to sell THC products are following and complying with the requirements of this article. Compliance checks shall involve the use of persons under the age of 21 as authorized by this article. Compliance checks shall also mean the use of persons under the age of 21 who attempt to THC products for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to THC products. Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store in Minnesota Statutes, section 340A.101, as it may be amended from time to time. Moveable place of business. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment. Any place of business where THC products are available for sale to the general public. Retail establishments shall include, but are not limited to, grocery stores, convenience stores, breweries, and restaurants. Retail establishment shall not include any home occupation or sales out of any dwelling. Sale. Any transfer of goods for money, trade, barter or other consideration, including giving goods away for free, whether alone or in conjunction with other goods or products. Sampling. The use or consumption of any THC product in a retail establishment by a customer or potential customer for the purpose of sampling the product before a purchase. Self-service merchandising. Open displays of THC products in any manner where any person shall have access to the THC products without the assistance or intervention of the DOCSOPEN\SP275\1\836560.v2-11/3/22 licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the THC product between the customer and the licensee or employee. THC Product. Any product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72. Vending machine. Any mechanical, electric or electronic or other type of device which dispenses THC products upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the THC product. Secs. 12-53-12-60. Reserved. DIVISION2. ADMINISTRATION AND ENFORCEMENT Sec. 12-61. Violations. (a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of the right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 12-62, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district court. (f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (g) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Sec. 12-62. Penalties. (a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine as determined by the city council. In addition, after the third offense, the license shall be suspended for not less than seven days. DOCSOPEN\SP275\1\836560.v2-11/3/22 (b) Other individuals. Other individuals found to be in violation of this article shall be charged an administrative fee as determined by the city council. (c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. Sec. 12-63. Exceptions and defenses. Nothing in this article shall prevent the providing of THC products to a person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. Sec. 12-64. Severability If any section or provision of this article is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. Secs. 12-65-12-70. Reserved. DIVISION 3. LICENSE Sec. 12-71. Required. (a) Obtaining from city. No person shall sell or offer to sell any THC product without having obtained a license to do so from the city. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person, to whom the license it was issued. No transfer of any license to another location or person shall be valid. (b) Application. An application for a license to sell THC products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator/clerk/treasurer shall forward the application to the city council for action at its next regularly scheduled council meeting. If the city clerk determines that an application is incomplete, the clerk will return the application to the applicant with notice of the information necessary to make the application complete. (c) Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council approves the license, the city clerk will issue the license to the applicant. If the council denies the license, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the council's decision. DOCSOPEN\SP275\1\836560.v2-11/3/22 (d) Term. All licenses issued under this article shall be valid for one calendar year from January 1 through December 31. For any license issued after January 1 in any year, the license shall be valid from the date of issue through December 31. (e) Revocation or suspension. Any license issued under this article may be revoked or suspended. In such case, the licensee may request or hearing or appeal as provided in sections 12-61 and 12-62. (f) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the city council. (g) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (h) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (i) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Sec. 12-72. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be as listed on the appropriate license fee schedule. See. 12-73. Basis for denial. (a) Grounds for denying the issuance or renewal of a license under this article, include, but are not limited to, the following: (1) The applicant is under the age of 21 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to THC products. (3) The applicant has had a license to sell THC products revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. (6) The applicant is an exclusive liquor store. (7) The applicant does not operate out of a retail establishment. DOCSOPEN\SP275\1\836560.v2-11/3/22 (b) Except as may otherwise be provided by law, the existence of any particular grounds for denial does not mean that the city must deny the license. (c) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. Secs. 12-74-12-80. Reserved. DIVISION 4. SALES RESTRICTIONS Sec. 12-81. Prohibited sales. (a) It shall be a violation of this article for any person to sell or offer to sell any THC products: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the THC product and whereby there is not a physical exchange of the THC product between the licensee or the licensee's employee and the customer. (4) By means of providing samples of any THC product free of charge or at a nominal cost. (5) By any other means, to any other person, or in any other manner or form prohibited by federal, state or local law, ordinance provision, or other regulation. Sec. 12-82. Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of THC products by means of a vending machine. Sec. 12-83. Self-service sales. All THC products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Sec. 12-84. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of THC products on the licensed premises; and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. Sec. 12-85. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall DOCSOPEN\SP275\1\836560.v2-11/3/22 conduct compliance checks by engaging, with the written consent of their parents or guardians if the person is under the age of 18, persons over the age of 17 years,but less than 21 years, to enter licensed premises to attempt to purchase THC products. Individuals used for the purpose of compliance checks shall be supervised by city-designated law enforcement officers or other designated city personnel. No person under the age of 21 used in compliance checks shall attempt to use a false identification misrepresenting the individual's age, and all individuals under the age of 21 lawfully engaged in a compliance check shall answer all questions about the individual's age asked by the licensee or his employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law or other applicable law or regulation. See. 12-86. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any THC product to any person under the age of 21. Sec. 12-87. Signage and age verification required. (1) Signage. At each location where THC products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of THC products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify,by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age. (2) Age verification. At each location where THC products are sold, the licensee shall verify,by means of government-issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this subdivision that the person appeared to be 30 years of age or older. Section 2. This ordinance shall take effect following its adoption and publication. ADOPTED by the City of Spring Park this day of , 2022. CITY OF SPRING PARK By: Jerome Rockvam, Mayor ATTEST: DOCSOPEN\SP275\1\836560.v2-11/3/22 By: Jamie Hoffinan, City Clerk DOCSOPEN\SP275\1\836560.v2-11/3/22