Loading...
Planning Minutes 01-11-2023 CITY OF SPRING PARK PLANNING COMMISSION MINUTES JANUARY 11, 2023 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Commission Present: Chair Hoffman, along with Commissioners Avalos, Mason, & Terryll were present. Commissioner Homan was absent. Staff Present: City Administrator Anderson, City Planner Johnson, and City Attorney Murphy 2. APPROVAL OF MINUTES a. Planning Commission Minutes from December 14, 2022 Commissioner Mason motioned, being seconded by Commissioner Terryl, to approve the minutes as presented. On vote being taken, the motion was unanimously approved. 3. PUBLIC HEARINGS a. The Yacht Club Conditional Use Permits – Hotel, Restaurant, Outdoor Dining City Planner Lori Johnson introduced herself as the new Planner for Spring Park. She summarized the status of the Yacht Club project, the code requirements for the conditional use permits, and the public hearings held by the Planning Commission. She reviewed all recommendations from the prior City Planner for parking and noise, Hennepin County’s recommendation to restripe Shoreline with a turn lane, and the DNR’s requirement for the plunge pool to be 50 feet from the ordinary high-water mark (OHWM). Johnson also recapped the procedure for the public hearing and stated any approval motions will include the findings of fact as conditions for approval. The conditions include the removal of the plunge pool, Hennepin County’s comments for consideration, requirement of a phased construction plan, and to direct staff to draft and transmit the recommendations and information in accordance with City Code. She also noted the phased parking plan is no longer necessary due to the submittal of the parking spreadsheet that details out the life of the office leases. At 6:13pm, Commissioner Mason motioned, being seconded by Commissioner Terryll, to reopen the public hearing for The Yacht Club conditional use permits. On vote being taken, the motion was un animously approved. Prior to taking comments, Chair Hoffman stated it is the City of Spring Park’s position that both the Planning Commission and the City Council have complied with the language of, and the spirit of, the Spring Park City Code throughout the review of the conditional use permit applications. He stated if the tenant’s enjoyment of their lease or leased space or anything thereof is at issue, that is a tenant/landlord issue and should be addressed privately between those parties. He also recommended that everyone use their time for comments on issues other than those that are landlord/tenant related. For clarification it was noted that the three conditional use permits will be a combined discussion v. three separate discussions. Alicia Butler, a Spring Park resident, and prior tenant at The Yacht Club, reviewed her calculations on parking. Mark Kozikowski, owner of Edgewater Apartments stated there is too much going on at the site and that the project could be a great asset to the community if done right. Tenant attorney representing Tonka Capital commented on parking and noise. Tenant attorney representing the dentist, reviewed the parking and design and brought forward concerns regarding non-conforming parking, loading/unloading, and retail space. After no further comments, at 6:39pm, Commissioner Mason motioned, being seconded by Commissioner Avalos, to close the public hearing for The Yacht Club, conditional use permits. On vote being taken, the motion was una nimously approved. Upon close of the public hearing, City Planner Johnson addressed the concerns and questions that were brought forward. She stated that the parking requirements are noted in City Planner Alan Brixius’ letter and the applicant’s site plan must comply with these requirements and be conditions for approval. She also stated the parking requirement table shown in the Planner’s memo from December 5, 2022, are correct per the city ordinance. She stated she will need to review the code for determination of the loading dock and retail space. Commissioner Mason stated there is overlapping use of the parking spots and this should be taken into consideration in the calculations. He also noted that loading and unloading does not have to happen in the parking lot and provided examples of other restaurants that load/unload in the street – the Planner stated she will check with the County. Chair Hoffman shared his concerns with staff on the items that were not addressed by both the prior and new City Planner regarding the legal non-conforming parking, the retail space, and the loading/unloading. He stated we pay staff to know and research this information. City Attorney Murphy recommended that the Planning Commission direct staff to investigate these items and address before the City Council meeting. The applicant, Kelly Olson, and her team addressed questions and concerns regarding the parking, retail space, and loading/unloading. After no further discussion, Chair Hoffman stated he will accept a motion to approve the conditional use permit for the hotel with the following conditions; a. include the City Planner’s recommendations as listed in the December 5th, 2022, planning memo. b. include the current findings of facts included in the January 11, 2023, Planning Commission packet. c. Direct staff to make a determination on the following; a. the legal non-conforming use of the parking lot. b. the retail space. c. if loading/unloading is allowed on a county road. Commissioner Terryll motioned, being seconded by Commissioner Mason, to approve the conditional use permit for the hotel with conditions to include the City Planner’s recommendations as listed in the December 5th, 2022 planning memo, the current findings of fact in the January 11, 2023, Planning Commission packet, and direct staff to make a determination for items a, b, and c above. On vote being taken, the motion was unanimously approved. On roll call: Mason – yes, Avalos – yes, Terryll – yes, Hoffman – yes. Chair Hoffman stated he will accept a motion to approve the conditional use permit for the restaurant per the City Planner’s recommendations from December 5, 2022, planning memo and the findings of fact from the January 11, 2023, Planning Commission packet. Commissioner Mason motioned, being seconded by Commissioner Avalos, to approve the conditional use permit for the restaurant with conditions to include the City Planner’s recommendations as listed in the December 5th, 2022, planning memo and the current findings of fact in the January 11, 2023, Planning Commission packet. On vote being taken, the motion was unanimously approved. On roll call: Mason – yes, Avalos – yes, Terryll – yes, Hoffman – yes. Chair Hoffman stated he will accept a motion to approve the conditional use permit for outdoor dining as an accessory to the restaurant. Commissioner Terryll motioned, being seconded by Commissioner Mason, to approve the conditional use permit for the outdoor dining as an accessory to the restaurant with conditions to include the City Planner’s recommendations as listed in the December 5th, 2022 planning memo and the current findings of fact in the January 11, 2023, Planning Commission packet. On vote being taken, the motion was unanimously approved. On roll call: Mason – yes, Avalos – yes, Terryll – yes, Hoffman – yes. Chair Hoffman stated the conditional use permits will be presented to the City Council at the January 17, 2023, meeting. 4. ORDINANCES - none 5. MISCELLANEOUS - none 6. ADJOURNMENT After no further discussion, Chair Hoffman motioned, being seconded by Commissioner Avalos, to adjourn the meeting at 7:08pm. On vote being taken, the motion was unanimously approved.