1/11/2023 - Planning Commission - Regular - Agendas
CITY OF SPRING PARK
PLANNING COMMISSION AGENDA
PUBLIC HEARING
JANUARY 11, 2023 – 6:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a. Planning Commission Minutes from December 14, 2022
3. PUBLIC HEARINGS
a. The Yacht Club Conditional Use Permits – Hotel, Restaurant, Outdoor Dining
4. ORDINANCES
5. MISCELLANEOUS
6. ADJOURNMENT
CITY OF SPRING PARK
PLANNING COMMISSION MINUTES
DECEMBER 14, 2022 – 6:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
The meeting was called to order at 6:00p.m.
Planning Chair Hoffman and Commissioners Avalos, Mason, & Homan and were present.
Commissioner Terryll was absent.
Staff Present: City Administrator Anderson, City Planner Brixius, Council Member Chase, and City
Attorney Murphy
2. APPROVAL OF MINUTES
a. Planning Commission Minutes from November 9, 2022
Commissioner Homan motioned, being seconded by Commissioner Avalos, to approve the minutes as presented.
On vote being taken, the motion was unanimously approved.
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
Chair Hoffman advised the audience that the applicant, Kelly Olson, The Yacht Club, and City Planner
Brixius were going to conduct presentations on The Yacht Club project. Upon completion of those
presentations, he would open the Public Hearing for comment.
The applicant and her representatives recapped the status of the project and reviewed the changes
made to address the areas identified as potential concerns - noise, traffic patterns, parking ADA access,
etc.
City Planner Brixius provided a summary of the project and his review of the applicant’s site plan
noting the concerns from the last meeting. He reviewed in detail the changes the applicant has made to
their plan to comply with the ordinance requirements and listed his recommendations to be added as
requirements under the conditional use permits.
At 6:55pm, Chair Hoffman stated he will soon be opening the public hearing for comments. He stated
each conditional use permit will be addressed separately and each person, or their representative, had 3
minutes for comment. He advised that the comments were to only be those that were new and had not
already been addressed at prior public hearings or correspondence.
The Yacht Club Conditional Use Permit – Hotel
At 6:57pm, Commissioner Mason motioned, being seconded by Commissioner Homan, to open the public hearing for
discussion on the hotel conditional use permit. On vote being taken, the motion was unanimously approved.
An attorney for a tenant, Tonka Capitals, brought forward their concerns regarding parking for the
tenants during construction.
The applicant stated they will be allowing tenants to stay through their lease but once the leases were
over, they will convert those spaces to hotel rooms. If they need additional parking spots, they will take
that into consideration.
Several other tenants or their representatives shared their concerns and complaints about their office
space not being allowed to remain at The Yacht Club. It was reiterated several times by Chair Hoffman
and the City Attorney that landlord/tenant disputes are not under the City’s jurisdiction to resolve and
need to be addressed between landlord and tenant. The applicant stated they have advised all tenants
they can remain throughout the term of their lease and have offered lease buyouts if they want to
terminate before then. The applicant stated no tenants have come forward to accept this offer.
At 7:23pm, Commissioner Homan motioned, being seconded by Commissioner Mason, to close the public hearing for the
conditional use permit for the hotel. On vote being taken, the motion was unanimously approved.
The Yacht Club Conditional Use Permit – Restaurant
At 7:24pm, Commissioner Homan motioned, being seconded by Commissioner Mason, to open the public hearing for
discussion on the restaurant conditional use permit. On vote being taken, the motion was unanimously approved.
The attorney for Tonka Capital Partners, a tenant in The Yacht Club building, brought forward that he
believes that his tenant has the same property rights as ownership therefor he should be provided the
same quiet enjoyment rights as Edgewater so the noise concern should be the same.
The building owner shared they will have noise monitoring systems in each hotel room and there will
be different entrances so that the tenants can access their space without going through the hotel lobby.
Jay Knive, Tonka Capital, tenant at The Yacht Club, stated he has tried to discuss the lease terms and
conditions with the building owner, and offered options to mitigate the disruption during construction
but they have not responded.
Mark Kozikowski, Edgewater Apartments stated if the project is done right, it will be a benefit to his
tenants. He is concerned with the parking for special events such as a wedding, etc. Chair Hoffman
reiterated that Special Events like a wedding requires a separate permit from the City. Mark also stated
that he had a letter from Noise Aware that states they only do noise systems for short-term rentals and
houses, not this type of project.
The building owner clarified the parking and how they will address along with confirmation that the
noise monitoring company can handle this type of project.
The building owner’s restaurant partner stated that he understood the ha rdship of a building being sold
and losing their lease, his restaurant will bring in 30,000 opportunities for business for them.
At 7:47pm, Commissioner Mason motioned, being seconded by Commissioner Avalos, to close the public hearing for the
conditional use permit for the restaurant. On vote being taken, the motion was unanimously approved.
The Yacht Club Conditional Use Permit – Outdoor Dining
At 7:47pm, Commissioner Mason motioned, being seconded by Commissioner Homan, to open the public hearing for
discussion on the outdoor dining – as an accessory to the restaurant conditional use permit. On vote being taken, the
motion was unanimously approved.
Mark Kozikowski, Edgewater Apartments, brought forward his concerns with the parking. He also
brought forward adding a smell scrubber for the restaurant exhaust, and concerns with kitchen staffing,
and traffic patterns in and out of the building.
Attorneys for the tenants, the tenants, & employees of tenants brought forward their concerns
regarding noise & parking, from the outdoor dining and marina.
The building owner’s restaurant partner confirmed the staffing count at the busiest time to be around
23, otherwise 10-12, described the style of the food, and that a scrubbers will be installed in the venting.
The building owner’s attorney addressed the noise and parking and cited the code of ordinances for the
City stating the thresholds have been met and would apply to any business.
After no further public comment, at 8:12pm, Chair Hoffman asked for a motion to close the public hearing.
Commissioner Homan motioned, being seconded by Commissioner Mason, to close the public hearing. On vote being
taken, the motion was unanimously approved.
At the close of the public hearing, Chair Hoffman explained to the audience that next steps were for
the Planning Commission, City Planner, and Staff to discuss the public hearing feedback and
incorporate those concerns into the conditional use permits.
City Planner Brixius reviewed the conditions shown in his December 5, 2022, memo to the Planning
Commission stating the requirements listed need to be included in the conditional use permits.
Regarding the hotel and restaurant, he stated the applicant needs to submit a phasing plan to show how
the existing indoor tenants will remain, a construction phasing plan to show the available parking so it
never falls below the Ordinance parking requirements, and add scrubbers for the venting of the
restaurant.
Commissioner Avalos brought forward the concern of parking for the marina. Brixius stated the
number was established when the C-4 district was created and it was arrived using other marina/yacht
club comparisons. Brixius stated he used data from other cities that are like Spring Park, and they were
all comparable.
Parking was discussed by the Commission in depth. It was decided the phasing development plan
needs to take into consideration all parking requirements per code. They will review to ensure the plan
follows the ordinance and addresses the concerns from the public feedback.
The Commission discussed the noise issue and determined that the system being used seems to be
better than the first one that was submitted and the applicant needs to follow the Ordinance and
conditional use conditions.
After no further discussion, Chair Hoffman asked for motions to:
• Approve the conditional use permit for hotel use to include the City Planner’s recommendations as listed in the
December 5, 2022, planning memo and include:
o Item #1 - Phased Parking Plan
o Item #2 - Construction Staging Plan
o Item #3 - Direct staff to draft and transmit these recommendations and information in accordance with
city code
Commissioner Mason motioned, being seconded by Commissioner Homan, to approve the conditional use permit
for hotel use with the conditions listed. On roll call, the motion was unanimously approved.
Mason – yes, Avalos – yes, Hoffman – yes, Homan – yes.
• Approve the conditional use permit for restaurant use to include the City Planner’s recommendations as listed in
the December 5, 2022, planning memo and include:
o Item #1 - Phased Parking Plan
o Item #2 - Construction Staging Plan
o Item #3 - Scrubbers for Ventilation
o Item #4 - Direct staff to draft and transmit these recommendations and information in accordance with
city code.
Commissioner Avalos motioned, being seconded by Commissioner Mason, to approve the conditional use permit
for restaurant use with the conditions listed. On roll call, the motion was unanimously approved.
Mason – yes, Avalos – yes, Hoffman – yes, Homan – yes.
• Approve the conditional use permit for outdoor dining - accessory to a restaurant use to include the City Planner’s
recommendations as listed in the December 5, 2022, planning mem o and include:
o Item #1 - Direct staff to draft and transmit these recommendations and information in accordance with
city code.
Commissioner Homan motioned, being seconded by Commissioner Avalos, to approve the conditional use permit
for outdoor dining – accessory to a restaurant use with the conditions listed. On roll call, the motion was
unanimously approved.
Mason – yes, Avalos – yes, Hoffman – yes, Homan – yes.
4. ORDINANCES
a. THC Ordinance Review and Recommendation
The Planning Commission reviewed the draft THC ordinance with red-lined changes noted from the
prior meeting. City Administrator Anderson stated the Ordinance was also reviewed and approved by
the City Attorney who advised he amended the definition of the THC product. Discussion was had.
Chair Hoffman motioned, being seconded by Commissioner Mason, to recommend to City Council to approve Ordinance
2022-xx as amended by the City Attorney and to include the language “trace amounts”. On vote being taken, the
motion was unanimously approved.
5. MISCELLANEOUS
Chair Hoffman advised Commissioner Mason that the company who previously made the shirts and
sweatshirts for the City has been located, they were contacted and confirmed they still have our logo.
No pricing or details yet but will advise once we hear back from the vendor/company.
6. ADJOURNMENT
After no further discussion, Chair Hoffman motioned, being seconded by Commissioner Mason, to adjourn the meeting at
9:34pm. On vote being taken, the motion was unanimously approved.
701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: Mike Anderson
From: Lori Johnson, Consulting Planner, WSB
Date: January 11, 2023
Re: The Yacht Club Hotel Conditional Use Permits for a Hotel, Restaurant, and
Outdoor Dining Accessory to a Restaurant. Olson Global, LLC
On December 14, 2022, the Planning Commission held three public hearings regarding
the requested conditional use permits for a hotel, restaurant and outdoor dining accessory
to a restaurant that were submitted by Olson Global, LLC. The consulting planner at the
time (Alan Brixius) provided a staff report regarding the applications which was followed
by an extensive public hearing. Many comments were received from the public at the
hearings, and the comments are summarized below. The Planning Commission
recommended approval of the conditional use permits to the City Council on a 4-0 vote.
The Planning Commission added these conditions to their motion of approval for each
conditional use permit:
1. With regard to the hotel, the Commission asked that conditions outlined in the
December 5th report from Planner Brixius be included in the motion, and that a
phased parking and a phased construction plan be provided to the city before
construction begins.
2. The same recommendations were made for the restaurant conditional use
permit with the addition of requiring an air scrubber to combat external odors.
3. The same recommendations that were made for the hotel conditional use
permit were made for the outdoor dining conditional use permit.
4. An added condition to all conditional use permits states that staff is directed to
draft and transmit these recommendations and information in accordance with
the City Code.
After the public hearing was held it was determined that the City had not sent the proper
notification to the Minnesota Department of Natural Resources (DNR) as required by
Section 42-142(3) of the City’s zoning ordinance. This ordinance reads as follows:
(3) Notifications to the department of natural resources.
a. Copies of all notices of any public hearings to consider amendments, or conditional
uses under local shoreland management controls must be sent to the commissioner or
the commissioner's designated representative and postmarked at least ten days before
the hearings. Notices of hearings to consider proposed subdivisions/plats must include
copies of the subdivision/plat.
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b. A copy of approved amendments and subdivisions/plats, and final decisions granting
conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked within
ten days of final action.
It was determined by the City Attorney that the notice should be sent to the DNR
representative immediately, and the public hearing should be reopened to ensure that
ordinance notification requirements are met for this project. The notice for the public
hearing this evening was sent to Wes Saunders-Pearce, DNR Hydrologist on December
15, 2022, which is 27 days prior to tonight’s meeting. This fulfills the city’s requirement to
notify the DNR. Mr. Saunders Pearce has confirmed that he has received the notification
and all plans and specifications for the project.
Additional notice regarding the meeting this evening was sent to adjacent property owners
on December 30, 2022. Notice was placed in the local paper on December 24, 2022.
These notices meet the requirements of the city ordinance and state law.
As you know, the city is required by state law to act on land use applications within 60
days of the application being considered “complete” by the city. The city may extend this
review period to 120 days. If the City Council fails to act on the item within this time frame
the application is automatically approved. The city can request an extension from the
applicant, though the applicant is not required to grant further extensions for review of the
application. The applicant has given the city an extension that goes through January 31,
2023. Therefore, it is in the City Council’s best interest to act on this item by this date.
The anticipated review schedule for the conditional use permits is as follows:
Reopened Public Hearing: January 11, 2023
City Council Review of Applications: January 17, 2023
Planner Brixius’ original report is provided for you below in italics. There have been no
changes to the application, or the plans presented with the application. The information
in the report will be briefly presented at the Planning Commission meeting.
Concerns that were heard at the December 14th meeting are summarized below:
• Noise
• Parking
• Compatibility of use with existing tenants
• All concerns noted in Planner Brixius’ original staff report
In response to some of these concerns, the following information is presented:
Parking
The applicant has submitted a spreadsheet of all building square footage as it relates to
uses through the year 2029. There will be three tenants remaining when the hotel opens,
likely in the fall of 2023. The spreadsheet, which is attached to this report, explains what
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will happen regarding parking as the leases end and the office spaces are converted to
hotel rooms. The spreadsheet indicates that the highest number of stalls required on site
according to ordinance requirements through 2029 is 100 stalls and 116 stalls will be
provided on site. Additionally, the applicant provides the following analysis:
“We will have 3 tenants remaining in the building when the hotel opens in the fall of 2023
for a total of 2725 sq ft of office space (13.6 parking stalls). By the spring we would have
24 hotel rooms (24 stalls), 4 hotel staff (4 stalls), and a 330 sq ft conference room (1.7
stalls). The restaurant would open in the Spring with approximately 700 sq ft kitchen (8.8
stalls) and 150 seat restaurant (50 Stalls). The marina would open in the spring with 21
seasonal slips (7 stalls). That’s a total of 100.3 stalls. We anticipate having 116 parking
spaces total after making the changes Alan suggested.”
The applicant’s comments regarding Planner Brixius’ suggestions alludes to the
statement he made at the December 2022 Planning Commission meeting. Planner
Brixius stated that the two parking spaces near the truck turn radius could be changed
from two standards stalls to two compact stalls, and the turn radius would still be
accommodated with this change. This site plan change would indicate that 116 stalls
could be provided on site. It is recommended that this change be included in the motion
of approval, if that is what the Planning Commission desires and it is currently reflected
in the findings of fact presented this evening. A condition requiring the phasing plan to
be submitted can be omitted from the findings of fact since that has already been
provided by the applicant.
Additional Information
Hennepin County has provided comments on the plan as follows:
“As this plan abuts Shoreline Dr (County Road 15), we wanted to review and provide
some comments for the developer’s consideration. We’re generally supportive of the
proposed plan but were considering whether the hotel would result in additional traffic
onto Shoreline. Ideally, an EB right turn lane would be beneficial here, but with space
constraints we recognize that may not be feasible. Instead, we were wondering, would
the developer consider modifying the striping on Shoreline to widen/extend the
shoulder? This would create more space for people driving EB on Shoreline and making
right turning movements into the site.”
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Staff is recommending that the County’s comments regarding striping be included in any
motion if the Planning Commission and City Council choose to approve the project.
Minnesota DNR Hydrologist Wes Saunders-Pearce has provided the following
comments on the proposed site plan and specifically the proposed plunge pool:
“The staff report dated December 5, 2022 notes a gated “plunge pool” (swimming pool)
available for year-round use is proposed. The staff report’s “Other Issues” section (p 18)
notes 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.
The staff report notes the city’s shoreland ordinance allows water-oriented structures
within the 50-foot shoreland setback area.
Examples of water-oriented accessory structures and facilities include watercraft and
watercraft equipment storage structures, gazebos, screen houses, fish houses, pump
houses, and detached decks. A pool is not considered a water-oriented accessory
structure. The proposed pool constitutes a structure in the Shore Impact Zone and does
not meet the city’s setback requirements within city code section 42-64(d). A variance
will need to be granted (per city code section 42-165) in order to allow the pool within the
50-foot OHWL setback requirement. Conditions may be imposed on the granting of a
variance, provided the conditions are directly related to the impact created by the
variance and bear a rough proportionality to the impact created by the variance.
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Condition 10 within the staff report (“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.”) is a useful example.”
The city had determined that the pool was considered a water-oriented accessory
structure and was not subject to the required 50-foot setback from the OWHL. The city’s
perspective was outlined in the previous staff report. Given the new information from the
DNR, staff is recommending that the plunge pool be removed from consideration at this
time until the applicant has had an opportunity to reevaluate the pool’s location. If the
applicant is able to accommodate the pool elsewhere on site, a conditional use permit
amendment will be required, and the applicant will need to submit such future
application. If the applicant does not believe they can accommodate the pool elsewhere
on site, a variance application will be required. The applicant will then be tasked with
proving there is a practical difficulty involved with moving the pool to a new location. The
Planning Commission and City Council would review any new applications at future
meetings, and the public will be notified through notification procedures established in
the ordinance and by state law.
The applicant has provided an email that indicates the desire to remove the pool from
the application that is before the Planning Commission at this meeting. A condition has
been added to the findings to reflect this issue.
Motions and Findings:
Based on the discussion at the meeting, the Planning Commission will be required to
make a new, amended motion on the conditional use permit applications due to the new
information received.
Any new motion for approval will be required to include the Findings of Fact and
Recommendation attached to this report. Please note the Findings of Fact are slightly
different than what was recommended in Planner Brixius’ report due to the fact that new
information has come to light since December 14, 2022.
Additional Attachments:
All attachments associated with Planner Brixius’ original report are included in the
Planning Commission packet. Additional attachments include the parking spreadsheet
from the applicant and the Findings of Fact and Recommendation.
______________________________________________________________________
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
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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:
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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
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
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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
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
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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.
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
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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 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 Hoteltechreport.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
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Hotel (30 rooms and 4
employees)
1 space per room and
1 space per
employee
34
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
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.
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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
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
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are reviewed and approved by the City Eng ineer 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.
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.
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3. The hotel shall demonstrate accessible points of access to all
accessory outdoor activity areas including docks accessory to the
hotel.
Staff Comment: The submitted site plan illustrates circulation routes to
proposed outdoor activity areas.
As a condition of building permit issuance, all applicable American
Disability Act (ADA) requirements will need to be satisfied.
4. Docks accessory to the hotel shall be permitted by the Lake
Minnetonka Conservation District.
Staff Comment: According to the submitted site plan, some existing
docks are to be relocated. As a condition of conditional use permit
approval, all docks associated with the proposed hotel use must be
subject to review and approval by the Lake Minnetonka Conservation
District.
5. All trash, recycling handling equipment shall be stored within the
principal building or within a trash enclosure that screens the
equipment from public streets and adjoining properties.
Staff Comment: According to the submitted site plan, a gated, exterior
trash handling area presently exists at the at the northwest corner of the
building. No changes to the existing trash handling area are proposed.
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).
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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.
2. Two parking stalls be eliminated to provide greater truck
maneuvering area for truck leaving the site.
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.
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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
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 III, Section 18-122
of this Code. No excessive noise will be permitted. The following
provisions are required to monitor and to control noise levels:
1. Outdoor weatherproof noise monitoring equipment shall be
installed, and a record of noise levels maintained.
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i) Reports of noise levels shall be submitted to the City monthly.
ii) The applicant shall provide a detailed noise monitoring and
mitigation plan.
iii) Noise levels a duration of 6 minutes or more in excess of what
is allowed will alert the on-site management to take immediate
actions to reduce the noise levels at the site.
2. These restrictions shall not apply if granted a special event permit
approved by the City with an explicit, written exemption from noise
standards.
3. In the event of the applicant receiving four (4) documented
complaints, the City Council reserves the right to limit hours of
outdoor operations. This subsection 42-428 (6) (e) (3) does not limit
the City’s ability to revoke a conditional use permit.
Staff Comment: The applicant has 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.
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In regard to noise mitigation efforts, Planning Staff recommends the following as
conditions of conditional use permit approval:
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
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place and be repainted. The site photographs include an image the existing
fence (see below).
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 42-64(j) 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.
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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 III, Section 18-122
of the Spring Park City Code. No excessive noise will be permitted. The
following provisions are required to monitor and to control noise levels:
1. Outdoor weatherproof noise monitoring equipment shall be
installed, and a record of noise levels maintained.
i) Reports of noise levels shall be submitted to the City monthly.
ii) The applicant shall provide a detailed noise monitoring and
mitigation plan.
iii) Noise levels for a duration of 6 minutes or more in excess of
what is allowed will alert the on-site management to take
immediate actions to reduce the noise levels at the site.
2. These restrictions shall not apply if granted a special event permit
approved by the City with exemption from noise standards.
3. In the event of the applicant receiving four (4) documented
complaints, City Council reserves the right to limit hours of outdoor
operations. This subsection 42-428 (7) (f) (3) does not limit the
City’s ability to revoke a conditional use permit.
4. Outdoor electronically amplified audio speaker shall be designed
and located to direct sound toward the principal building on the site
and away from adjoining properties. Property owner shall control
volumes to prevent noise levels at the property lines that exceed the
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City standard outlined in Chapter 18, Article III, 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.
j. Refuse containers are provided for outdoor dining areas. Such containers
shall be placed in a manner which does not disrupt pedestrian circulation
and must be designed to prevent spillage and blowing litter.
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Staff Comment: The preceding requirement will be made a condition of
conditional use permit approval.
k. Property owners shall pick up litter within one hundred feet (100') of the
patio area.
Staff Comment: The preceding requirement will be made a condition of
conditional use permit approval.
l. Live outdoor music performances shall only be permitted after obtaining a
special event permit and shall meet the requirements of Spring Park City
Code.
Staff Comment: The preceding requirement will be made a condition of
conditional use permit approval.
Other Issues
Setbacks. Required structure setbacks in the C-4, Commercial Office are as
follows:
• No less 30 feet 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 p roperty
• 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 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.
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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 requir e 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 s outh 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.
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
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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 (Hosta) 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 t o 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 a nd
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 municip al 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.
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.
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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.
13. Issues related to grading, drainage and u tilities 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.
The Yacht Club
01.11.23
Page 26
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.
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.
The Yacht Club
01.11.23
Page 27
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.
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.
The Yacht Club
01.11.23
Page 28
12. Yacht Club property owners (or their designees) shall pick up litter within
100 feet of the outdoor dining area.
1
CITY OF SPRING PARK, MINNESOTA
Planning Commission
Findings of Fact &
Recommendation
(Approval)
Applicant's/Property Owner’s Name: Olson Global, LLC
Request: The applicant requests City approval of 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.
Planning Commission Meeting Date: January 11, 2023
Findings of Fact: Based on review of the application and evidence received, the Spring
Park Planning Commission now makes the following findings of fact and
recommendation:
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.
2
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.
Recommendation:
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.
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 designation and size of two parking stalls shall be changed to compact
stalls to increase the maneuvering areas for trucks leaving the site.
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.
3
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.
13. Issues related to grading, drainage and utilities shall be subject to comment
and recommendation by the City Engineer.
14. 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.
15. 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.
16. Staff is directed to draft and transmit these recommendations and information
in accordance with the City Code.
17. A construction phasing plan to be submitted prior to any work being performed
on site.
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. Restaurant deliveries shall occur during daytime hours of 7 AM and 10 PM.
4
5. 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.
6. The designation and size of two parking stalls shall be changed to compact stalls
to increase the maneuvering areas for trucks leaving the site.
7. 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.
8. Rooftop mechanical equipment shall be screened from view of adjacent
properties and public rights -of-way (Shoreline Drive).
9. 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.
10. Issues related to grading, drainage and utilities shall be subject to comme nt
and recommendation by the City Engineer.
11. The noise control elements cited in the project narrative shall be conditions of
the conditional use permit and may be enforced by the City.
12. 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.
13. 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.
14. In the event of the applicant receiving four documented noise -related complaints,
the City Council reserves the right to limit hours of outdoor operations.
15. Staff is directed to draft and transmit these recommendations and information in
accordance with the City Code.
16. A construction phasing plan to be submitted prior to any work being performed
on site.
17. An air scrubber must be included on the architectural plans to combat external
odors.
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:
5
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.
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.
13. Staff is directed to draft and transmit these recommendations and information
in accordance with the City Code.
14. A construction phasing plan to be submitted prior to any work being performed
on site.
6
City of Spring Park
By:
Jeff Hoffman
Planning Commission Chair
ATTEST
Mike Anderson, City Administrator
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
415 0 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.
2
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
3
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
4
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.
5
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
6
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
Hoteltechreport.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
employees)
1 space per room and
1 space per employee
34
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
7
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 widen ed 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 remove d 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
8
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.
9
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.
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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.
11
2. Two parking stalls be eliminated to provide greater truck
maneuvering area for truck leaving the site.
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
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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 III, Section 18 -122
of this Code. No excessive noise will be permitted. The following
provisions are required to monitor and to control noise levels:
1. Outdoor weatherproof noise monitoring equipment shall be installed,
and a record of noise levels maintained.
i) Reports of noise levels shall be submitted to the City monthly.
ii) The applicant shall provide a detailed noise monitoring and
mitigation plan.
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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:
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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
15
place and be repainted. The site photographs include an image the existing
fence (see below).
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 42-64(j) 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.
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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 III, Section 18-122
of the Spring Park City Code. No excessive noise will be permitted. The
following provisions are required to monitor and to control noise levels:
1. Outdoor weatherproof noise monitoring equipment shall be installed,
and a record of noise levels maintained.
i) Reports of noise levels shall be submitted to the City monthly.
ii) The applicant shall provide a detailed noise monitoring and
mitigation plan.
iii) Noise levels for a duration of 6 minutes or more in excess of
what is allowed will alert the on-site management to take
immediate actions to reduce the noise levels at the site.
2. These restrictions shall not apply if granted a special event permit
approved by the City with exemption from noise standards.
3. In the event of the applicant receiving four (4) documented
complaints, City Council reserves the right to limit hours of outdoor
operations. This subsection 42-428 (7) (f) (3) does not limit the City’s
ability to revoke a conditional use permit.
4. Outdoor electronically amplified audio speaker shall be designed
and located to direct sound toward the principal building on the site
and away from adjoining properties. Property owner shall control
17
volumes to prevent noise levels at the property lines that exceed the
City standard outlined in Chapter 18, Article III, Section 18-122 of the
Code.
Staff Comment: See previous noise-related comments.
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.
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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.
l. Live outdoor music performances shall only be permitted after obtaining a
special event permit and shall meet the requirements of Spring Park City
Code.
Staff Comment: The preceding requirement will be made a condition of
conditional use permit approval.
Other Issues
Setbacks. Required structure setbacks in the C-4, Commercial Office are as
follows:
• No less 30 feet 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
19
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 screene d 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 p rotected 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 replace s
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 absor ption 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.
20
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 (Hosta) 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 t he 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 improvement s 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.
21
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.
22
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 condi tional
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.
23
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.
24
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
T (612) 337-6100 F (612) 339-6591
100 Washington Ave S. | Suite 1300
Minneapolis, MN 55401
siegelbrill.com
January 5, 2023
Via Email ( manderson@ci.spring-park.mn.us )
Member of the Planning Commission
City of Spring Park
4349 Warren Ave
Spring Park, MN 55384
Re: Yacht Club Hotel Conditional Use Permit Applications
Our File No. 31026
Dear Planning Commissioners:
We represent Kyle R. Danielson, DDS PLLC, the owner of Spring Park Dentistry, which is one
of the long-term tenants in the Yacht Club.
As you will recall, through my letter to you dated December 9, 2022, we demonstrated that the
Planning Commission is required by the terms of the City’s zoning ordinance to consider the
impacts of the proposed hotel and restaurant on our client and the other long-term office tenants
of the Yacht Club building. And we showed, through my letter and the public hearing testimony
of Dr. Danielson, that those impacts would be severe and would threaten the continued viability
of the dental practice.
In response, I received a letter dated December 22, 2022, from Joseph J. Murphy, whose firm
assumed the role of City Attorney as of January 1, 2023. In his letter, Mr. Murphy
acknowledges that “the Planning Commission must … analyze the compatibility of the
‘proposed use’ with the other uses in the area,” but he then argues that the dental practice is
part of the proposed use. Specifically, he argues that the proposed use here is “a combination
of uses including a hotel, restaurant, outdoor dining, and professional offices.” This argument
absorbs the tenants and their leasehold interests into the development proposal and thereby
eliminates them from consideration of whether the proposed conditional uses are appropriate in
this location. In support of his argument, Mr. Murphy cites Sec. 42-140(4), which does refer to
the compatibility of the “proposed use” with other uses in the area.
But Mr. Murphy ignores other provisions of the Zoning Ordinance that cannot be reconciled with
his argument. This is apparent from a consideration of the relevant provisions in their entirety,
and not just selective quotations.
Section 42-143, entitled “Planning Commission action,” provides in relevant part:
(1) The planning commission shall consider possible adverse effects of the proposed
amendment or conditional use. Its judgement shall be based upon the factors set
forth in section 42-140.
This provision makes clear from the outset that the adverse effects that the Planning
Commission must consider are those of the specific proposed conditional uses—not the
proposed mixture of uses, as the City Attorney has suggested.
Turning to the factors set forth in section 42-140, that section provides as follows:
The purpose of the procedures set out in this division is to provide the city with a
reasonable opportunity to protect and preserve the general welfare and the public health
and safety by requiring a showing by each applicant for a conditional use permit or
amendment that:
(1) The standards set forth in this chapter will be, at all times, complied with.
(2) The proposed use presents no unreasonable hazard to the surrounding area and
community as a whole.
(3) Specific problems with the proposed location of the use, as set forth in any staff
review or technical assistance report, will be overcome.
(4) The proposed use is compatible with present and future land uses of the area
where the use is proposed to be located.
(5) There will be no significant negative impact on the peaceful and quiet enjoyment
of surrounding property.
These provisions favor the tenants’ position in a number of respects. First, section 42-140
states that the very purpose of the conditional-use rules is to protect the “general welfare” and
the “public health and safety.” The City Attorney’s argument that only the interests of the
owners of property other than 4165 Shoreline Drive should count cannot be squared with this
language, which requires consideration of the widest possible effects.
Second, item (4) explicitly requires the applicant to show that the proposed use is compatible
with present and future land uses “of the area where the use is proposed to be located.” The
area where the uses at issue are proposed to be located is 4165 Shoreline Drive, and the dental
practice is one of the present and future uses of that area.
Third, item (2) seeks to protect “the community as a whole” from unreasonable hazards. The
community as a whole unquestionably includes the dental practice and its patients and
employees as well as the other tenants.
Finally, if it was the intention of the Zoning Ordinance to consider impacts only on owners of
property adjoining the site of the proposed conditional uses, it would say so. Instead, it uses a
wide variety of phrases—including the “general welfare,” “public health and safety,” “surrounding
area,” “community as a whole,” “the area where the use is proposed to be located,” and the
“surrounding property” – to convey the principle that the City is to consider impacts broadly,
throughout the community. The only way to do that is to evaluate any and all impacts of the
proposed conditional uses, regardless of which members of the community are impacted.
The arguments to date have focused on the interests of the tenants of the Yacht Club, but it
must be emphasized that the Zoning Ordinance anticipates the possibility that an office building
could also be set up as a “commercial-industrial condominium.” That type of condominium is
defined in the ordinance as “[a] commercial and/or industrial structure containing individually
owned work areas and jointly owned and shared facilities.” Sec. 42-37. That means that as the
City processes these applications it must be prepared for the possibility that a future similar
development could involve a commercial condominium. Accordingly, unless the City is
prepared to say that the interests of the owner of an office condo would be irrelevant to whether
the owner of another condo space in that same building is entitled to a conditional use permit for
a hotel or restaurant or other disruptive use, there must be some principled basis in the Zoning
Ordinance for distinguishing between tenants and condo owners. The fact is, there isn’t any
such basis. Like the owner of an office condo, my client has a property interest in a portion of
the Yacht Club building.
Two final points in the City Attorney’s letter require a response. First, the letter says that if the
City were to accept the argument that the interests of the tenants must be considered, “a
property owner would never be able to convert uses internally within a property unless all
tenants either consent or are evicted.” This argument presents a logical fallacy. It is not the
tenants who are standing in the way of the conversion of certain uses in this building. It is the
fact that the building that the developer seeks to convert is subject to certain long-term
leasehold interests—interests the developer was fully aware of before closing on the purchase.
One can speculate that this occurred either because “the price was right,” or because the
developer misjudged its ability to negotiate lease termination agreements. Either way, it is
neither just nor in keeping with the City’s ordinances to try to force the tenants to bear the
burden of decisions the developer may now regret.
Second, the City Attorney’s letter refers to a “proposed interim use” of the property. To be clear,
the pending applications do not seek an interim use permit for any use, and the C-4 district
where the property is located does not even recognize any permitted interim uses. The concept
of an “interim use” has no bearing whatsoever on the issues before you.
For all of the foregoing reasons, and for the reasons stated in our previous letters to the
Planning Commission and City Council dated December 9 and December 15, 2022, we
respectfully urge you to deny these applications.
Very truly yours,
Mark Thieroff
(612) 337-6402 | Direct
markthieroff@siegelbrill.com
cc. Client (via email)
Members of the City Council
Joseph J. Murphy (via email)