Correspondence - 4165 Shoreline Drive - 4/7/2022 Samie Hoffman
From: Molly Lang <molly@olsen.global>
Sent: Wednesday, April 13, 2022 8:31 AM
To: Jamie Hoffman; kelly olsen.global;Jim Brimeyer; Alan Brixius
Cc: Scott Gates
Subject: Re: Signed Application!!!
Hi Jamie,
The current owner is comfortable with zoning only.We'll be able to apply for the restaurant and hotel CUP once we
close on the building.
Thank you,
Molly Lang
Chief Opportunity Officer
Olsen Global, LLC
molly@olsen.global
952-463-5099
From:Jamie Hoffman<jkhoffman@ci.spring-park.mn.us>
Sent: Wednesday, April 13, 2022 8:17:23 AM
To: kelly olsen.global<kelly@olsen.global>;Jim Brimeyer<jbrimeyer@ci.spring-park.mn.us>; Alan Brixius
<abrixius@nacplanning.com>
Cc: Molly Lang<molly@olsen.global>; Scott Gates<scottagates@msn.com>
Subject: RE: Signed Application!!!
Al—please confirm but I believe this needs to include a conditional use permit for the proposed hotel and restaurant,
correct? I believe that is what you discussed Friday and what is included in the fees from the check that was presented
by the applicant.
Please confirm. Thank you.
.f^ Jamie Hoffman
City Clerk
City of Spring Park
SPRING PARK 4349 Warren Ave
(hi��A�'Vlrntl 21,; Spring Park, MN 55384
952.999.7491 (Direct)
952.471.9051 (City Hall)
jkhoffman@ci.spring-park.mn.us
www.ci.spring-park.mn.us
City Hall Hours are Monday- Friday 8:00 a.m. -4:30 p.m.
From: Kelly Olsen <kelly@olsen.global>
Sent:Tuesday, April 12, 2022 5:58 PM
1
To:Jim Brimeyer<jbrimeyer@ci.spring-park.mn.us>; Alan Brixius<abrixius@nacplanning.com>;Jamie Hoffman
<jkhoffman@ci.spring-park.mn.us> IL
Cc: Molly Lang<molly@olsen.global>; Scott Gates<scottagates@msn.com>
Subject: Signed Application!!!
Thanks for your help on this everyone!
Kelly Olsen
Olsen Global, LLC
Kelly@olsen.global
612.720.1467
Sent from my Whone
2
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Thursday, April 14, 2022 2:17 PM
To: Jim Brimeyer;Jamie Hoffman
Cc: Kelly Olsen; Scott Gates
Subject: RE: Yacht Club
Jamie, what is the deadline for getting a public hearing into the local newspaper for a
May 11t' planning commission meeting? I can prepare public hearing notices if we are
ready.
Jim, last night's meeting indicates that the property owner to the west is opposed to the
project. This raises the following issues.
1 . It is not likely, for Edgewater to cooperate with Kelly to gain more docks. I am
not certain that the County water patrol will provide any additional dock
opportunities. Without these relationships, can the hotel / restaurant make do
with the current number of docks? Can the project proceed with the current dock
count?
2. 1 am sympathetic to the Edgewater concerns for noise and light issues. In this
respect, Kelly and her team will need to give us a plan that limits nuisance
issues. ( options may include: no outdoor music, screening the outdoor dining
area, limited hours of operation, controlling the parking lot activities, daytime
trash removal, etc.). The plan must limit noise toward the apartments to low end
conversation levels. How I put this into code language and future enforcement
has not been determined.
3. 1 have not heard back from DNR yet to get an understanding on how we can
accommodate the sun deck and swimming pool within the required shoreland
setback. I will continue to harass their staff.
4. The presentation showed the travel patterns of a 35' long garbage truck and a
40' long pumper fire truck. Neither of these vehicles represent the beverage truck
or food delivery trucks that are typical of a full-service bar and restaurant. If the
food and beverage vendors servicing this restaurant don't deliver with these
types / size of vehicles the issue of delivery vehicle access and egress remains
unresolved. Kelly's team will need to demonstrate that they can limit vehicle size
or alter the site plan to allow larger vehicles.
1
I envisioned amending the C-4 district to allow restaurants, hotels, outdoor dining each
by conditional use permit. Each conditional use will outline performance standards that
must be met for its approval. The performance standards for each conditional use
permit would address the typical operational needs of the use and attempt to address
and mitigate the land use compatibility issues raised at last night's meeting. Because
we are attempting to fit these new uses into an existing lot with established neighbors,
will be reliant on Kelly's building and site plan's ability to address issues above in the
formulation of the new code language. I do not need to prepare performance
standards will not work for this lot.
wanted process any code amendment along with the CUPs through a simultaneous
public hearing and review process. This way all reviewers can evaluate both the new
code amendment and its actual application on a site plan at the same time. This would
allow the process to edit the code and /or the plan to make things work more effectively
for both the Yacht Club site and Edgewater.
To have this go to May, I would suggest that Kelly examine the issues I listed above,
and we meet to discuss how they may be addressed on site and in the new code
language, early next week.
If we feel we are ready for May public hearing, I will draft public hearing notices for the
newspaper. We do not want to proceed without answers to the questions I raised or
with the issues present last night, or we will not be successful with the planning
commission.
From:Jim Brimeyer<jbrimeyer@ci.spring-park.mn.us>
Sent:Thursday, April 14, 2022 8:45 AM
To:Alan Brixius<abrixius@nacplanning.com>
Cc:Jamie Hoffman <jkhoffman@ci.spring-park.mn.us>
Subject:Yacht Club
Al,
Clarify for us—in writing (in case we get hit by a beer truck) and our successors know what to do,the process going
forward for the Yacht Club.
The public hearing on May 11' is for an amendment only to the C-4 district to add restaurant and hotel as allowable
uses subject to a Conditional Use Permit.
Assuming this first step would require minimal use of your time.
Sometime later, when application is made for a CUP, that process will take a substantial amount of time, which will be
billed to the developer.
When the CUPs takes place, this will a require another application,fees and escrow, possibly more public hearings and
the necessary notices
2
Are we'on the right track for thinking this thru?
Thanks
Jim
Jim Brimeyer
Interim Administrator
952-471-9051
3
The Yacht Club—Mixed Use Proposal—CUP and Zoning Requirements
Per City Planner Memo dated 3/23/22
The Change in zoning will be dependent on demonstrating that use can fit the site and address the
following standards.
Parking: The site contains approximately 102+ parking stalls. The site does not have land area for
additional parking.The site's location also complicates the opportunity for sharing off-site parking. The
size and variety of uses will need to fit within the available on-site parking.
The City requires restaurants and bars to provide 1 parking space per three seats. The provided
conceptual floor plan shows 121 seats requiring 40 parking stalls. The deck area outside the proposed
dining room used for outdoor dining may generate the demand for 26 parking stalls (ITE Parking
Generation).The actual parking requirement for outdoor dining area will be determined with the
submission of a layout of tables for the deck area.
The City requires office space and retail floor area to provide 1 parking stall per 200 sq. ft. of floor area.
This would need to be identified on the building plans and a parking calculation performed.
The City does not have a parking requirements for a hotel. ITE Parking Generation identifies a hotel
parking demand range of.92 to 1.57 vehicles per occupied room. We cannot predict the hotel
occupancy. I will recommend that the site provide a minimum of 1 parking space per room. A 20-room
hotel will require 20 parking spaces.
The Dock uses, have not be included in the parking estimates. If the site has dock users parking at the
site just to access their boats this is additional parking that needs to be estimated.
The 100+ parking stalls on the site may work for the proposed uses, but this must be demonstrated with
a plan for the entire building.
Deliveries/ Loading Area:
With the introduction of a full-service restaurant and bar,the site must be designed to accommodate
the delivery vehicles for food and beverages. The current site has a loading area on the west side of the
building; however,this is not designed for large trucks. A plan and narrative must be provided to outline
the type and size of delivery vehicles and garbage trucks serving the site and how these vehicles will
access, maneuver through the site and exit the site. This operation is inherent with any restaurant and
must be considered.
Edge Water Apartments:
The Edge Water Apartments is a three-story building with dwelling units,windows and balconies
overlooking the Yacht Clubs parking lot and site. Per Council comments there is concern for maintaining
a compatible land use relationship between the properties. This concern stems primarily with outdoor
activities that may be related to the new uses (outdoor dining,guest use of the beach and docks,
outdoor music, late night business hours of the restaurant and bar and/or any special events). In this
respect,the site planning and narrative must give attention to these concerns.
SAC/WAC:
The building was built as an office building and the sewer availability(SAC) and water availability(WAC)
charges were based on the office use. The change of use within the building specifically the hotel and
restaurant with result in an increase the number of the SAC and WAC charges. You may check with Met
Council for a calculation of these charges. Previous charges will be credited against the new number.
Liquor License:
This is not a zoning issue; however, it was raised by the council. The restaurant will need a Liquor
license to be successful. In this respect, in moving ahead on any zoning application you should review
the City's Alcoholic Beverages Code to be sure that both the site and licensee are eligible for a on-sale
liquor license, and you are familiar with all the License requirements and fees.
Kelly, this email is intended to outline the issues with the change. To accommodate your project, we
need to either rezone the property to C-1 General Commercial District or amend the C-4 Office
Commercial District to include the land uses and site changes you wish to pursue. At this point, my
inclination is to amend the C-4 district to include your uses and have performance standards that
protects the Edge Water apartments. In either case this will require a public hearing before the planning
commission. The application submission requirements: need to publish notice of the hearing and mail
out notices to property owners within 350 feet of the property will not allow this to be considered until
the May planning commission meeting.
The application submission requirements will need to include:
Site plan: The site plan must address parking, loading outdoor dining, exterior lighting, access to the
beach, access to the docks, dock layout, screening of the adjoining residential property.
Building Plan: The interior changes to the building by uses. The change of occupancy within the
building may change building code requirements.
Project Narrative: The narrative will describe the site changes and how you envision operations within
the property will be managed to mitigate any nuisance issues with the adjoining residential property.
I understand that there is a question as whether the Yacht Club should proceed with the installation of
their docks. I recommend that they proceed with the dock installation as currently scheduled.The Plan
review process if initiated now will not likely get you Council action until the end of May or early June. If
the project is approved you will need to process building permits for the building changes, and then you
will have the time for construction. None of these actions would impact the dock placement or dock use
during this period.The Yacht Club should not risk losing any dock revenue for this year.
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Monday, May 2, 2022 11:44 AM
To: Mark Kozikowski
Cc: Jim Brimeyer;Jamie Hoffman
Subject: RE: Follow-Up Questions to the April 13 Yacht Club Meeting
Mark, the yacht club zoning text amendment and conditional use permits will be
scheduled for the June planning commission meeting. Applicant has requested the
meeting to be on June 15th rather than the 8th to allow her to be in attendance.
From: Mark Kozikowski<mark@mtk-properties.com>
Sent: Monday, April 18, 2022 8:42 PM
To:Jeff Hoffman05@gmail.com; michaelmason384@gmail.com; Max@maxavalos.com; Homan.Bruce@gmail.com;
kathleen.terryll@gmail.com
Cc:Alan Brixius<abrixius@nacplanning.com>;Taylor, Frank<frank.taylor@nortonrosefulbright.com>
Subject: Follow-Up Questions to the April 13 Yacht Club Meeting
To the Spring Park Planning Commissioners:
I wanted to thank you for your time last week to discuss the Yacht Club proposal.
have attached a list of questions that came out of the meeting that would be helpful to
have answers to before the project moves forward.
Mark
Mark Kozikowski
MTK Properties
President
p: 612-868-9845
f: 320-210-0267
mark mtk-properties.com
1
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Friday, May 13, 2022 12:13 PM
To: Molly Lang; Kelly Olsen
Cc: Jim Brimeyer;Jamie Hoffman; Scott Qualle; mnielson@sambatech.com
Subject: Minnetonka Yacht Club.
Molly and Kelly, On Wednesday night the planning commission agreed to hold a
public hearing for the Yacht Club on June 15t". To be ready for that public hearing, I
am in the process of preparing the zoning amendments to the C-4 zoning district
creating three new conditional use permits, to allow for a hotel, restaurant and outdoor
dining within this district. I hope to have a draft prepared for City Staff review by next
Monday. We have a staff meeting on May 181" and I hope to discuss the draft code
With the balance of city staff. After Wednesday's meeting I will be in touch with you to
forward you the ordinance and discuss any other items that City Staff may add to my
list below.
Aside from the zoning code amendments, the following information will need to be
provided by you to process the conditional use permits. I hope that this will help you
start on the conditional use permit submission information. I will need you to submit a
scaled plan set and narrative to City Hall and to me no later than June 1St, to allow for
staff review and report for June 15t". Call me with any questions. If it would be helpful,
I can meet with you and your site designer to direct them in preparing the submission
items.
Site plan: you already have a survey of existing conditions. The Site plan must show
the following site alterations.
Hotel / Office:
1 . The physical changes to the building to allow for the hotel. The floor plans you
have provided are sufficient for the interior changes. The site plan must show the
exterior changes including the pool and any shoreline improvements i.e., sun
deck, improved stairway access, dock access, etc. The outdoor activity areas
should include ancillary items such as furniture storage, trash receptacles, wait
stations if food or beverages are offered in these areas.
2. The design and operation of the outdoor activity areas must buffer the adjoining
residential property.
3. Parking: The hotel parking shall be one space per room, plus hotel one space
per hotel employee.
4. The office space sharing the building with the hotel must provide one parking
space per 200 square feet of floor area.
1�S 1
Restaurant / Outdoor dining.
1 . The seating capacity of the restaurant / Bar.
2. Parking shall be 1 space per 3 seats, 1 space per 80 sq. ft. of kitchen space, plus
one space per hotel staff member.
3. We will need a description of the restaurant deliveries, service vehicles and
demonstration that they can access, egress and circulate through the
site. Based on our experience the full-service restaurant will receive food and
beverage deliveries via semi and /or tandem beverage trucks. The current
parking lot design may need to be modified to accommodate these size vehicles.
4. Outdoor dining shall be screened from adjoining residential properties. We
talked about a screen wall along the west side of the stairway to the beach. You
will need to look at options to screen the outdoor lighting and noise.
5. Lighting must be cutoff lighting to reduce glare to adjoining properties.
6. Noise: This is the biggest issue, we are recommending establishing noise levels
not to exceed 55 decibels at the property line. With noise monitoring equipment-
installed at the west property line that will track and record noise volumes. High
noise volumes must include an immediate alarm to the on-site staff mitigate the .
issue and periodic reporting to the city to establish empirical record of on-going
noise conditions. Frequent and on-going nuisance noise issues may result in
limiting hours of the outdoor dining area. The submission information should
include the noise level information of the previous power point and the noise
mitigation plans.
7. No outdoor music events will be permitted except by special event permits.
8. The restaurant and outdoor dining area must provide a seating and table layout
showing the location of tables, chairs, wait stations, refuse receptacles and aisle
widths not less than 36 inches.
9. No amplified music, intercom, or outdoor speakers will be allowed in the outdoor
dining area.
Yacht Club / Dock Use:
You must provide a description on how the docks will be use and shared between the
yacht club, hotel and restaurant.
2
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Monday, May 16, 2022 2:12 PM
To: Jim Brimeyer;Jamie Hoffman; Scott Qualle; Michael Nielson (mnielson@sambatek.com);
Tietjen, Mary D. (mtietjen@Kennedy-G rave n.com); dj6590@mchsi.com
Cc: Tara Kohl
Subject: Minnetonka Yacht Club
Attachments: DRAFT C-4 District Ordinance Amendment.doc
Everyone: The Minnetonka Yacht Club is proposed to be converted to a hotel
restaurant. This conversion presents a number of issues for the adjoining Edgewater
Apartments (outdoor activities, noise, light, etc) that may interfere with the private
enjoyment of the residential environment. Attached is my first draft for amending the
C-4 zoning district to allow hotels, restaurants and outdoor dining as conditional
uses. The draft ordinance attempts to outline performance standards to mitigate
nuisance issues for the adjoining apartment complex and address operational issues
with the site itself. I am hoping to discuss this will City Staff at our staff meeting on
Wednesday morning to get your opinions on this draft ordinance. I am looking for any
changes, additions or unforeseen issues that should be addressed in the
ordinance. Please bring your opinions to the staff meeting.
1
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO: Jim Brimeyer
FROM: Alan Brixius
DATE: June 20, 2022
RE: The Yacht Club Hotel and Business Suite - 1st Meeting Summary
• Site and Building Plan Review
• Conditional Use Permits for Hotel, Restaurant and Accessory Outdoor
Dining
FILE NO: 175.01 - 22.01
BACKGROUND
On June 15tt', the Spring Park met to consider a development applications Olsen
Global. Due to publication issues with the public hearing, this item was continued to
July 13, 2022, to allow for proper publication and notice to be sent out to adjoining
properties and residents. While the formal public hearing will be held in July, the
Planning Commission encouraged public testimony to identify issues and concerns that
must be addressed by the applicant or the City Staff prior to final action on the
requested applications. This report attempts to summarize the issues presented at the
June 15th Meeting
Olsen Global, LLC has submitted plans calling the conversion of the existing Lake
Minnetonka Yacht Club located at 4165 Shoreline Drive into a lakefront boutique hotel.
The proposed hotel project includes the following components:
• 26 hotel suites with south facing views
• A 1,440 square foot restaurant with accessory outdoor dining (the existing deck
will be utilized). A maximum of 150 seats will be provided (78 indoor and 72
outdoor)
• A yacht Club with 32 seasonal boat slips for members.
• A new sun deck which measures approximately 2,500 square feet in size
• An "infinity edge" swimming pool which will be available for year-round use
• A "business suite" for collaborative working activities 3966 sq. ft.
The 1.47-acre subject site is presently zoned C-4, Office Commercial. The C-4 District
was specifically created to accommodate uses which transition between residential
uses and more intense uses. The district presently lists "yacht clubs" as a permitted
conditional use but does not however, make an allowance for hotels, restaurants, and
accessory outdoor dining activities such as that proposed by the applicant.
Prior to taking formal action the applicant's development request, a zoning text
amendment to the C-4 District must be processed and approved which makes an
allowance for hotels, restaurants and accessory outdoor dining activities. The zoning
district amendment will be processed as a separate but contingent action item.
If City Officials approve the C-4 District amendment (to make an allowance for the
proposed hotel, restaurant and accessory outdoor dining activities as conditional uses in
the district (subject to various conditions), the following approvals will be necessary:
1. Conditional use permit for hotel use
2. Conditional use permit for restaurant use
3. Conditional use permit for accessory outdoor dining
Attached for reference:
Exhibit A: Applicant Narrative
Exhibit B: Site Survey
Exhibit C: Site Plan
Exhibit D: Building Perspectives
Exhibit E: Building Floor Plans
Exhibit F: Noise Study
Exhibit G: Truck Maneuvering Diagram
ISSUES AND CONCERNS
ZONING: The C-4 zoning was set up with specific uses and performance standards to
allow the existing commercial use to locate next to the adjoining residential property.
Does the inclusion of the proposed Hotel, Restaurant and outdoor dining fit the intent
and purpose of the C-4 zoning district?
COMPREHENSIVE PLAN: A comment was offered that the proposed uses are
inconsistent with the City's Comprehensive plan. The comments offered do not relate to
the subject site. The Yacht Club site is guided and zoned for commercial use.
NOISE: Edgewater Apartment 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 not been provided. A noise mitigation plan must be
provided detailing the methods, equipment, and process for controlling noise at the
shared property line.
2
OUTDOOR LIGHTING: The applicant must submit an outdoor lighting plan showing
the location, light fixtures, of all freestanding and wall mounted exterior lights. The plan
must be accompanied by a photometric plan showing light levels across the site and at
the property line.
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.
PARKING: The proposed amendment outlines parking requirements for each of the
proposed uses. Concerns were expressed that the parking requirement are not
sufficient to address all the parking needs of the site. Issues include the needed
employee count for the site, if the sun deck will offer drinks and food, it should be
counted as outdoor dining for the parking count; dock use and special activities must be
considered. The public comment expressed concern that if the site is under parked
there is not place for overflow parking. We must get the parking right.
City Staff will examine the parking counts against ITE national standards. The applicant
must provide a detail narrative outlining employee counts and the management of
docks, hotel outdoor activities, and the sun deck.
SUN DECK: The Planning Report outlined a number of issues with the proposed 2500
square foot sun deck related to its location, removal of trees, slope protection, increase
in hard cover and having this outdoor activity area in close proximity to the Edgewater
Apartments. The Planning Report offered recommendations to reduce the size of the
sun deck and required detailed plans for how this would be constructed at the proposed
location. The public testimony, questions how the sundeck would be designed and
managed to avoid this becoming a party area near the Edgewater Apartments. The
concerns included: impact on parking, noise issues, hours of operation, loss of trees
and screening. The question was raised as to the need for the sun deck for the hotel
operation. Applicant must provide additional information on the design, the seating
capacity and management of the sun deck.
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. Concerns for docks include:
1. Where would hotel guests bringing their boats to the site park their trailers.
2. The need to have parking for the yacht club members coming exclusively to
access their boats.
3
3. Will there be a dock attendant and does the parking count include this
employee?
4. Will there be other off-site lake services (fishing charters, tour boats) coming to
the site that may generated visitor parking to the site that are not hotel or
restaurant guests?
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 with regard to type of events, location of outdoor events, noise
levels, hours of operation, etc.
ENVIRONMENTAL IMPACT OF ADDITIONAL BOAT TRAFFIC ON LAKE
MINNETONKA: The public comment raised concern that the change of use on the
yacht club site will increase boat traffic resulting in the further degradation of the lake
quality.
CONCLUSION:
No formal action was taken by the planning commission other than announcing to the
public that the applications will be addressed again in July. The Staff will be requesting
additional information that respond to the aforementioned concerns to be included in a
updated planning report for July.
4
Fre&-ikson
August 1, 2022
Spring Park City Council
Spring Park City Staff
Re: Amendment of the C-4 District Zoning Ordinance, August 1,2022 Agenda Item # 9
Dear Council Members and City Staff:
My firm and 1 have been retained to represent Kelly Olsen and Olsen Global, LLC in connection
with applications to the City of Spring Park for amendment to the zoning ordinance regarding the
C-4 Commercial District (containing the Yacht Club property at 4165 Shoreline Drive), and a
conditional use permit for the Yacht Club property.
The only application currently before the Council is for the amendment of the zoning ordinance of
the C-4 District to open the possibility to use the Yacht Club property for a hotel, restaurant, and
outdoor accessory use, subject to further conditional use evaluation and permit approval. Ms.
Olsen has been coordinating directly and earnestly with City Staff,the Planning Commission,the
Council,and community members for months on a project that will benefit the City of Spring Park
and the entire Westonka community, and looks forward to continuing to do so. We look forward
to helping how we can. The purpose of this letter is to present the legal framework for the threshold
step in that process—the zoning ordinance amendment currently before the Council, which is
amply supported by law,policy,and the record based on the approval and recommendation of the
Planning Commission after extensive planning, meetings, staff review, and public hearings.
In general,the Council's determination to approve a zoning ordinance amendment is a legislative
act. "As a legislative act, a zoning or rezoning classification must be upheld unless opponents
prove that the classification is unsupported by any rational basis related to promoting the public
health, safety, morals, or general welfare, or that the classification amounts to a taking without
compensation."'
I .State, by Rochester Assn of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (Minn.
1978)
Attorneys&Advisors Fredrikson &Byron, PA. USA/China 1 Mexico
Main 612.492.7000 200 South Sixth Street, Suite 4000 Minnesota, Iowa, North Dakota
Fax 612.492.7071 Minneapolis, Minnesota 55402 1425 fredlaw.com
Spring Park City Council
August 1,2022
Page 2
To help assist cities in determining the types of land use and zoning ordinances that promote the
general welfare, Minnesota law authorizes cities to create planning commissions, which Spring
Park has done.2 A major role of the Planning Commission is to develop a comprehensive
municipal plan that "represents the planning agency's recommendations for the future
development of the community."3 The Planning Commission is also specifically tasked with
conducting public hearings on zoning amendment applications, evaluating whether a proposed
zoning amendment promotes the general welfare, and making recommendations to the City
Council.'
The Planning Commission conducted extensive public hearings on Olsen Global's applications
regarding the Yacht Club property. During that process,it was determined to separate the zoning
amendment application and specific conditional use permit application, in order to first focus on
the threshold issue of amending the C-4 District zoning ordinance to create the framework for the
possibility of a hotel and restaurant on the Yacht Club property, before evaluating and approving
any specific project as a conditional use.
The public hearings before the Planning Commission took place over the course of several separate
meetings. During the hearings, the Commission received and evaluated written submissions from
Olsen Global, the City Staff, and members of the community (both that supported the project, as
well as expressed concerns), and heard hours of statements from any members of the public who
wished to speak. Over the course of the hearings, the City Planner, in coordination with the City
Attorney,carefully crafted an ordinance amendment to the C-4 Zoning District to provide possible
conditional use for a hotel,restaurant,and outdoor accessory space,and made significant revisions
to the proposed ordinance that considered and accounted for public input and concerns. At the
conclusion of the hearings, and after hearing from all parties and stakeholders who wished to be
heard, the Planning Commission voted to recommend approval of the C-4 District zoning
ordinance amendment to the Council.
The planning body that is tasked with evaluating and determining land use and zoning that best
serves Spring Park has made the determination, based on an extensive record, that the zoning
2 See Minn. Stat. § 462.354; Spring Park City Ord. § 24-31.
3 Minn. Stat. §§ 462.355,462.352, subd. 5.
4 Minn. Stat. § 462.357; Spring Park City. Ord. §§ 42-140, 42-143.
Spring Park City Council
August 1, 2022
Page 3
ordinance amendment before the Council serves the public welfare.5 The Minnesota Supreme
Court has"frequently noted consistency between a city's land-use plan or planning commission's
recommendation and the zoning ordinance as a factor supporting the reasonableness of the city's
legislative judgment in passing the zoning ordinance."6 The Council should embrace the
Commission's approval and recommendation, and has every right to do so under state and local
law.
It is important to emphasize that the Council's approval of the C-4 District zoning ordinance
amendment would not finally approve or enable any specific project for a hotel or restaurant on
the Yacht Club property. This is only the first step that makes a higher and better use for the Yacht
5 Numerous goals and policies of Spring Park's 2040 Comprehensive Plan support the
Commission's approval and recommendation of the C-4 District zoning ordinance amendment.
The following are examples:
• "Strengthen community assets to communicate Spring Park's positive identity within the
region."
• "Build on and promote the use of the lake for recreation purposes."
• "Establish an attractive and identifiable commercial streetscape along County Road 15."
• "Promote private reinvestment in Spring Park properties through building renovation,
expansion and maintenance."
• "Enhance local tax base within the City by encouraging high quality commercial and
industrial building expansions."
• "Redevelop select,commercial/industrial properties as they become available."
• "Examine and re-evaluate under-utilized commercial parcels to insure full land utilization
and proper infill development of parcels."
• "Emphasize unique commercial sites as focal points within the City."
• "Attract new customers generating businesses to Spring Park that are complementary to
existing businesses and will contribute to the customer attraction and business interchange
of the local commercial areas."
• "Promote the redevelopment and expansion of existing businesses within the City to obtain
a higher level of sales and business attraction."
• "Redevelop commercial sites that display building deterioration,obsolete site design, land
use compatibility issues and a high level of vacancies."
Spring Park 2040 Comprehensive Plan,at pp. 128-134.
6 State, by Rochester Ass'n of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 890 (Minn.
1978).
Spring Park City Council
August 1, 2022
Page 4
Club property possible. The conditional use permit for Olsen Global's project is still pending
before the Commission, has not yet been acted on by the Planning Commission, and would
ultimately come before the Council in the future.
It is also important to note considerations that need not and should not direct the Council's decision
on the zoning ordinance amendment before it. Opposition to a potential hotel and restaurant use
at the Yacht Club has come predominantly from the owner and some of the residents of one
neighboring property,the Minnetonka Edgewater Apartments. It is exceedingly rare that any land
use decision will receive unanimous public support, and opposition from neighboring property
owners is commonplace.' Minnesota courts have recognized as much, and cautioned that undue
reliance on neighboring landowner opposition is improper.$ Any opposition that has been voiced
outside of the public record cannot be properly considered at all-9
To be clear, Olsen Global has listened and will continue to listen to neighbors' genuine concerns
regarding the Yacht Club project. Ms. Olsen has been working in good faith to address concerns
with specific aspects of the planned project, and has made numerous concessions already (such as
significant reductions in scope of the restaurant and outdoor seating,entirely removing an outdoor
sundeck planned on the west side of the property, and significant concessions on parking issues).
Again, the conditional use permit process for approval of any specific project is still pending.
Further,the concerns raised by the neighbors were all given great weight by the City Planner and
Commission in finalizing the zoning ordinance amendment before the Council. For example, the
primary concern voiced by residents of the Edgewater Apartments was potential noise from an
accessory outdoor patio use of the Yacht Club property. While those types of concerns are
7 That a neighboring property owner that competed for the purchase of the Yacht Club property
would oppose the applications is no surprise.
8 See, e.g., Scott Cnty. Lumber Co. v. City of Shakopee, 417 N.W.2d 721, 728 (Minn. Ct. App.
1988) ("However, the city council members admitted discounting the wealth of expert testimony
in favor of that of the neighboring landowners. They admitted that the neighbors were biased and
that the experts, some of whom were city employees, were objective in their recommendations,"
and also addressing how "fears of being sued by the neighbors" are not a proper consideration);
Honn v. City of Coon Rapids, 313 N.W.2d 409, 419 (Minn. 1981) (remanding a case for trial to
address whether a city council's decision denying a re-zoning application was"simply a response
to neighborhood opposition . . . or if it had secure evidentiary basis.")
9 "When a zoning authority fails to record legally sufficient reasons for the denial of a zoning
request that are factually supported in the record,a prima facie case of arbitrariness is established."
Johnson v. Cook Cnty., 786 N.W.2d 291,296(Minn. 2010).
Spring Park City Council
August 1, 2022
Page 5
typically addressed in the conditional use permit process, the underlying ordinance amendment
recommended by the Commission was carefully crafted to put restrictions in place in response to
noise concerns. Section 42-428(7)of the proposed ordinance,which pertains to"Outdoor Dining
accessory to a Restaurant," imposes numerous conditions and restrictions regarding noise
associated with any accessory outdoor use. First, the proposed ordinance expressly dictates that
any outdoor use of the Yacht Club property must abide by the same maximum noise legal
guidelines that apply to other properties in the City in terms of the sound levels imposed on
residential properties. See Sec. 42-428(7)(F). Beyond that, the proposed ordinance amendment
also imposes several noise monitoring and control conditions and restrictions specific to the Yacht
Club property, including the installation of noise monitoring equipment, monthly reports to the
City,a detailed noise monitoring and mitigation plan,and the ability of the Council to limit hours
of operation of outdoor use on site in response to documented violations.
In other words, under the C-4 District zoning ordinance amendment before the Council, any
owner/operator of the Yacht Club property is not gaining the ability to generate any greater noise
than any owner/operator of the Yacht Club would be currently allowed to make under existing
permitted uses, and the Yacht Club would have no ability to impose any greater noise on any
residential properties(including the Edgewater Apartments)than any other property owner in the
City may impose on any residential properties. For example,any of the numerous residents of the
Edgewater Apartments can impose the same level of noise on the Bayview Apartments from a
speaker on their balcony(and vice versa),that the Yacht Club property would be allowed to impose
on the Edgewater Apartments. The only distinction with the zoning ordinance amendment for the
Yacht Club property is that the Edgewater is gaining greater protections against noise from its
neighbor than any other residential property in Spring Park enjoys.10 To the extent noise issues
with other, much larger, bar and restaurant operations on Lake Minnetonka were noted at the
hearing before the Commission, it is important to keep in mind that the zoning ordinance
amendment before the Council would not permit anything like those operations on the Yacht Club
property. Noise conditions and restrictions are just one example of how the C-4 zoning ordinance
amendment before the Council was carefully crafted to address neighborhood concerns.
As a final point,those that have expressed concerns with aspects of a hotel and restaurant project
at the Yacht Club property largely do not oppose the amendment of the zoning ordinance to make
11 Concerns regarding a potential noise nuisance that would not be allowed under the ordinance
amendment should not influence the Council's decision. See, e.g.,Scott Cnty. Lumber Co. v. City
of Shakopee, 417 N.W.2d 721, 725 (Minn. Ct. App. 1988) (reversing denial of a conditional use
permit, based in part on concerns by the council of noise nuisance,where the"conditions attached
to the permit would require noise control to be within the law").
Spring Park City Council
August 1, 2022
Page 6
that use possible, given the right conditions. Of note, the attorney representing the Edgewater
Apartments said the following near the conclusion of the Commission's hearings on July 13`h:
"I'm trying to get to a solution,which is Olsen Global wants to have
the ability to develop a restaurant, shared work space, and a hotel,
and she needs assurance for that. We're saying, we don't have a
problem with that, provided that the conditional use permits are
acceptable to the community as a whole."
(Planning Commission Meeting,July 13, 2022,beginning at 3:35:00.)
Olsen Global is not at this point seeking approval of any specific project on the Yacht Club
Property. Rather, it requests that the Council approve a zoning ordinance amendment that gives
Olsen Global the chance to continue to pursue a project that that will benefit Spring Park and the
entire Westonka community. Even opponents have conceded that a hotel and restaurant use at the
Yacht Club could benefit the community. The Commission has recommended an ordinance
amendment that sets the framework for any project that could be approved as a conditional use,
which includes numerous restrictions and conditions by which Olsen Global is willing to abide.
As part of the conditional use permit process, the Commission and Council can consider other
reasonable conditions." In effect, Olsen Global and the City have already been looking to that
next step by coordinating on the details of a potential hotel and restaurant project for the property.
There is more work to be done. Olsen Global and Ms. Olsen look forward to continuing to work
with the City Staff,the Commission, the Council, and the public in developing a project that will
be a great asset to the City of Spring Park.
We appreciate the Council's time, and continued care and consideration.
Sincerely,
Daniel P. Deveny
FREDRIKSON & BYRON,P.A.
Attorneys for Kelly Olsen and Olsen Global, LLC
Direct Dial: 612.492.7486
Email: ddeveny@fredlaw.com
11 See Spring Park City Ord. Sec. 42-145(3).
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Thursday, April 14, 2022 2:17 PM
To: Jim Brimeyer;Jamie Hoffman
Cc: Kelly Olsen; Scott Gates
Subject: RE: Yacht Club
Jamie, what is the deadline for getting a public hearing into the local newspaper for a
May 11th planning commission meeting? I can prepare public hearing notices if we are
ready.
Jim, last night's meeting indicates that the property owner to the west is opposed to the
project. This raises the following issues.
1 . It is not likely, for Edgewater to cooperate with Kelly to gain more docks. I am
not certain that the County water patrol will provide any additional dock
opportunities. Without these relationships, can the hotel / restaurant make do
with the current number of docks? Can the project proceed with the current dock
count?
2. 1 am sympathetic to the Edgewater concerns for noise and light issues. In this
respect, Kelly and her team will need to give us a plan that limits nuisance
issues. ( options may include: no outdoor music, screening the outdoor dining
area, limited hours of operation, controlling the parking lot activities, daytime
trash removal, etc.). The plan must limit noise toward the apartments to low end
conversation levels. How I put this into code language and future enforcement
has not been determined.
3. 1 have not heard back from DNR yet to get an understanding on how we can
accommodate the sun deck and swimming pool within the required shoreland
setback. I will continue to harass their staff.
4. The presentation showed the travel patterns of a 35' long garbage truck and a
40' long pumper fire truck. Neither of these vehicles represent the beverage truck
or food delivery trucks that are typical of a full-service bar and restaurant. If the
food and beverage vendors servicing this restaurant don't deliver with these
types / size of vehicles the issue of delivery vehicle access and egress remains
unresolved. Kelly's team will need to demonstrate that they can limit vehicle size
or alter the site plan to allow larger vehicles.
1
envisioned amending the C-4 district to allow restaurants, hotels, outdoor dining each
by conditional use permit. Each conditional use will outline performance standards that
must be met for its approval. The performance standards for each conditional use
permit would address the typical operational needs of the use and attempt to address
and mitigate the land use compatibility issues raised at last night's meeting. Because
we are attempting to fit these new uses into an existing lot with established neighbors,
will be reliant on Kelly's building and site plan's ability to address issues above in the
formulation of the new code language. I do not need to prepare performance
standards will not work for this lot.
wanted process any code amendment along with the CUPs through a simultaneous
public hearing and review process. This way all reviewers can evaluate both the new
code amendment and its actual application on a site plan at the same time. This would
allow the process to edit the code and /or the plan to make things work more effectively
for both the Yacht Club site and Edgewater.
To have this go to May, I would suggest that Kelly examine the issues I listed above,
and we meet to discuss how they may be addressed on site and in the new code
language, early next week.
If we feel we are ready for May public hearing, I will draft public hearing notices for the
newspaper. We do not want to proceed without answers to the questions I raised or
with the issues present last night, or we will not be successful with the planning
commission.
From:Jim Brimeyer<jbrimeyer@ci.spring-park.mn.us>
Sent:Thursday,April 14, 2022 8:45 AM
To: Alan Brixius<abrixius@nacplanning.com>
Cc:Jamie Hoffman <jkhoffman@ci.spring-park.mn.us>
Subject: Yacht Club
Al,
Clarify for us—in writing (in case we get hit by a beer truck) and our successors know what to do, the process going
forward for the Yacht Club.
The public hearing on May 11th is for an amendment only to the C-4 district to add restaurant and hotel as allowable
uses subject to a Conditional Use Permit.
Assuming this first step would require minimal use of your time.
Sometime later, when application is made for a CUP,that process will take a substantial amount of time, which will be
billed to the developer.
When the CUPs takes place, this will a require another application, fees and escrow, possibly more public hearings and
the necessary notices
2