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Conditional Use Permits - Resolution 23-07 - Hotel - 1/17/2023 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-07 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A HOTEL WITHIN A C-4 COMMERCIAL OFFICE ZONING DISTRICT AT 4165 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS,the property at 4165 Shoreline Drive is zoned C-4 Commercial Office District which allows for a hotel by conditional use permit; and WHEREAS, Yachtzee Holdings, LLC has submitted a conditional use permit application and plans sets for the development of a hotel at 4165 Shoreline Drive: and WHEREAS, City Staff have reviewed submitted application, narrative and plans and prepared planning reports dated December 5, 2022, January 11, 2023 and January 17, 2023; and WHEREAS,the Spring Park Planning Commission met and held a public hearing on December 14, 2022 and on January 11, 2023 to consider the conditional use request, the staff reports, and to take public testimony. WHEREAS,upon closing the public hearing, the Planning Commission recommended that the City Council approves the Conditional use permit for a hotel at 4165 Shoreline Drive subject to the conditions outlined in the January 11, 2023, Planning Report and based on the following findings: 1. The location of the subject property is as follows: 4165 Shoreline Drive 2. The planning report dated January 11, 2023 prepared by WSB is incorporated herein by reference. 3. The Applicant submitted applications for three conditional use permits to allow for the construction of a hotel, restaurant and outdoor dining accessory to the restaurant in a C- 4 Commercial Office District. 4. Requests for conditional use permits require Planning Commission review and City Council approval. 5. Upon review of the planning report and application information, the Planning Commission found that the proposed plans, not including the proposed plunge pool, which has been removed from the request at this time, meet all Ordinance requirements and requirements set forth in Section 42-140 of the Zoning Ordinance. The following findings support the Planning Commission's recommendation for approval: a. The proposed improvements (except the proposed plunge pool which has been removed from the request) meet Zoning and Shoreland Overlay District requirements. b. The proposed uses present no unreasonable hazard to the surrounding area and community as a whole. c. Specific problems with the proposed location of the uses, as set forth in the staff report will be overcome. d. The proposed uses are compatible with present and future land uses of the area where the use is proposed to be located. e. There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property with regard to these uses. WHEREAS, the Spring Park City Council met on January 17, 2023, to consider the conditional use permit application; and WHEREAS,the Spring Park City Council has received the aforementioned plans, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW,THEREFORE,BE IT RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit for a hotel to be located at 4165 Shoreline Drive in Spring Park per the narrative and plans sets for the hotel presented to the City Council on January 17, 2023, subject to the following conditions: 1. All applicable American Disability Act (ADA) requirements related to parking, site and building access shall be satisfied. 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. If it is demonstrated that hotel, restaurant patrons, or staff 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. 5. 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. 6. 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. 7. Rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). 8. 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. 9. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 10. The developer to consider modifying the striping on Shoreline Drive to widen/extend the shoulder as per Hennepin County request. This would create more space for people driving east bound on Shoreline Drive and making right turning movements into the site. 11. The approval of the hotel, restaurant and outdoor dining conditional use permits are predicated on the applicant removing the plunge pool from the site plans until a conditional use permit amendment or variance can be considered for the proposed pool. The pool, as it is shown on the plans, does not meet the required setback from the OHWL. All other aspects of the proposed plans are recommended for approval. 12. Staff is directed to draft and transmit these recommendations and information in accordance with the City Code. 13. A construction phasing plan to be submitted prior to any work being performed on site. 14. Yachtzee Holdings, LLC agrees to be in compliance with any and all City Ordinances of the City of Spring Park before any certificate of occupancy is issued. Adopted by the City Council of the City of Spring Park this 17 day of January, 2023. By ,r Jerome P. Rock am, Mayor Attest: �ieH.If'm//a n City Cl r