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06-496Council File # 06 -�9 RESOLUTION OF SAINT PAUL, MINNESOTA Presented Green Sheet # 3030761 Committee Date � •� WHEREAS, the Legislative Hearing Officer recommends that a request for an application for the following license (ID # 0016111) Change in liquor service area by moving two tennis courts to an area which was previously used as parking for Town & Counhy Club Inc located at 300 Mississippi River Boulevard North be approved with the following conditions: 1. The applicant must provide additional visual and noise screening along the north properry line (consistent with the site plan, OS-129865, page L-1, approved on 10/OS/2005 to reduce the level of noise experienced by the adjoining residential properties. 2. No sale or service of alcohol will be permitted at the pools, pool house (including the eating area) and tennis courts after sunset. Club house rules will prohibit the consumption of alcohol on the tennis courts. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav ,/ Bosuom � Harris � Helgen � Lantry � Montgomery � Thune � � � Adopted by Council: Date Adoption C�'r€iesl By: /�I.� Requasted by Department of: :'� Form Approved by City Attorney � Approved by Mayor for Submission to Counci] � � .. . -. . ��L�� � - � � � � � «�- �ta� Ciry of Saint Paul City Council Research Center Room 310 Ciry Ha11 SaintPaul, MN 55102 651 266-8570 INTER-DEPARTMENTAL MEMORANDUM � DATE:" - June 7, 2006 - -- _ — <_ TO: Councilmembers FROM: Marcia Moermond, Legislative Heazing Officerj �� �� RE: Town and Country Club: License Change relative to Liquor Service Area I received a call last Wednesday from Peck Tiemey, a neighbor of the Tovm and Country Club. As she was unable to attend the ]egislative heazing on May 8, 2006, she wanted me to be awaze of the fol]owing, in order to complete the record of this case: • Relative to the discussion of the breezeway between the buildings, she wanted to note that her information came from Byron Starns of the Club on the types of doors to be used. This was shared with her on a review of the plans which took place in her kitchen. • Relative to the screen porch, the side walls were divided into 3 pacts: the 2/3 on the bottom was glass, and the 1/3 on the top was screen according to plans discussed with her and her neighbor on the day they visited the Club. • She indicated that as of last Wednesday, no vegetation had been put in on the northem part of the properiy a�d that a great deal had been removed. • It is her view that sound barriers are an ugly alternative. • She indicated that the Desnoyer Pazk Association neither endorsed or opposed the license application, although representatives of the Club indicated there was an endorsement. • She continues to be concerned about the possibility of a walk-up bar service in the poo] or tennis areas. ��G I discussed these matters with Ms. Tierney and indicated to her that I would amend the record, but afrer a review, do not recommend further changes to the agreed upon conditions on the license. � Green Sheet Green Sheet Green Shee# Green Sheet Green Sheet Green Sheet � 06 -�96 � — Council Contact Person & Phone: Marcia Moertnond 6ti�5]o _.____ _....___`_._ Must Be an Council Agem t'�qy 2y,?oa�, ContractType: RE-RESOLU110N 75-MAY-06 � ' 0 Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3030761 DeuartmeM 2 i lerk erk 4 5 Approving change in liquor service azea by moving two tennis courts for Town & Counhy Club, 300 Mississippi River Boulevazd North, to an area which was previously used as pazking. itlations: Appro�e (A) or F Planni(g Commission CIB Committee CiHI Senice Commission 1. Has this persoNfirm eeer worked under a contract for this departmerrt? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employeel Yes No Explain all yes answers on separate sheet and aKach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advan W ges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: �t�rPh ToW I Amount of Tra�saction: Funding Source: FinanGial Information: (Exptain) Cost/Revenue Budgeted: Activ'rty Number: I, May 15, 2006 9:33 PM Page 1 o� - �9� MINUTES OF THE LICENSE HEARING Town & Country Club, Inc. Monday, May 8, 2006, 2 p.m. 310 City Hall -NW Conference Room, 15 Kellogg Boulevard Marcia Moermond, L,egislative Hearing Officer - - - - -- -- - The hearing was cailed to order at 2:00 p.m. Staff Present: Christine Rozek and Jeff Hawkins, License, Inspecfions and Environmental Protection (LIEP); and Jean Birkholz, Council Research. Others Present: Bill Brady, Charley Stewart, Vincent Tracy, Town and Country Club, Inc., 300 Mississippi River Boulevard North Ms. Moenmond stated that this license application is for a change in liquor service azea by moving two tennis courts to an azea which was previously used as parking. She went on to explain the process. Because this is a license application, it triggers a community notification. The City received a few letters of concem. The out come of this hearing could be one of three things: 1) she could recommend to the City Council that they issue this license without conditions; 2) recommend to the City Council that they issue this license with agreed upon conditions; or 3) she could recommend to the City Council that they refer this matter to an Administrative Law Judge. Christine Rozek, LIEP, provided a staff report: Historv: Town and Country is a golf course that has been in Saint Paul for 110 years. The existing club house and pool were built in the 1960s. Since that time, they've had liquar service in the club house, poot house and adjacent patio areas, Town and Country is now undergoing a rebuild of the pool house and tennis courts. As part of this rebuild, Town and Country set up a project review with LTEP staff. During that review, LIEP staff advised that the outdoor azea surrounding the pool house would require a separate outdoor service area license because it was no longer "compact and contiguous" with the existing club house. Town and Country made the suggested application and LIEP staff notified neighbors within 350 feet of the property line of the proposed outdoor service addition to the liquor license. The General Manager of Town and Country, Vince Tracy, contacted the state regarding the liquor license issues and was told that under state law, golf courses need only one license, and the whole issue of "compact and contiguous" according to state law, does not apply to golf courses and country clubs. Ms. Rozek called the state and was told that in fact, golf courses require only one license. State and Citv Regulations: The ordinances of Saint Paul do not provide a definition of `9icensed premises." In the absence of a definition in the legislative code, the state definition applies unless such an application would create a conflict. The state definition of "licensed premises" in relevant part is "located" on a golf course, `licensed premises' means the entire golf course except for azeas where motor vehicles aze regulazly parked or operated." Minn. Stat. § 340A.101. So, according to Minnesota Statutes, the liquor license service azea is every part of the golf course except the parking lot and the street. So, technically, there can be no liquor on Otis. Ob-�f q� The Saint Paul Legislative Code requires approval by the City Council of any change in liquor service azea after notice to property owners within 350 feet of fhe property line. Saint Paul Leg. Code § 409.11(a). A Legislative Hearing is scheduled if neighbors voice concerns regarding the service area. Change in Liquor Service Area: The site plan shows that the existing layout of facilities is going to change by constructing_a new_gooUtennis_building ia-tke a�ea-�uke�e te�tnis-eeurts-had "'" - importantly, by moving the two (2) southerly tennis courts to the east of the northerly two (2) courts. These two (2) new eastem courts will replace what is currently pazking. Because pazking is not part of the licensed premises, this move constitutes a change in liquor service area. This change in liquor service azea requires notice under the legislative code. Plannine Commission: The project went through the site plan review process. A public hearing was held on August 4, 2005, before the Zoning Committee of the Planning Commission, and the Plauning Commission approved the site pian with a setback variance for the pooUtennis building. The Planning Commission placed two (Z) conditions on their approval: 1) Town and Country must provide additional visual and noise screening along the nofth Property line; and 2) the pools, pool house and tennis courts are not lighted or used after sunset. Ms. Rozek noted that Town and Country Club does not intend to serve liquor on the tennis courts, but it is probably realistic to think that on occasion, drinks will go out to the tennis courts. Staff is recommending approval of this change in liquor service area with the two (2) conditions that were placed on it by the Planning Commission. Ms. Moermond asked Ms. Rozek to clarify the different or additional requirements behveen a change in service area versus an outdoor/patio add-on existing liquor service. Ms. Rozek noted that there were no differences or additional requirements. Mr. Bill Brady stated that at their house committee meeting on Thursday of last week, the committee approved the rule that alcohol and/or food aze not permitted on the tennis courts. Town and Country Club does not intend to expand the scope of their liquor service by serving on those two (2) courts that might encroach on what was previously a pazking area. Regarding the conditions that were added by the Planning Commission, Ms. Moermond noted that the first one is more future-oriented. Mr. Brady stated that they aze currently in the Phase I of their construction project, and a Phase II has yet to be determined. With respect to the no3se abatement issue, Town and Country did hire both an azchitectural firm and an engineer to look at issues related to that. Within the construction of the pool house itself, they aze using materials that will attenuate the noise. In addition to that, the project is still in process. The construction of the tennis courts is happening contemporaneously with this meeting. A proposed solution that has been shazed with the neighbors is to hang noise abatement screens. For lack of a better description, he said that this type of screen reminded him of what you'd put up to protect against crashing into the wall behind a basketball hoop. Chazley Stewart noted that the technical name for the noise abatement screen is a"sound seal." Vincent Tracy, general manager, added that the plants are arriving today that will provide a visual screen. Ms. Moermond asked about the plans for the project. Mr. Brady explained that the leader, Byron Starns, who did a lot of work on this project, was not able to be here today. He did have meetings both with the �"� q� neighborhood group and with individuals in the neighborhood. The two (2) conditions that were added during the Condition Use Pernut process were added partly, because of those meetings. The pool was built in 1957 above ground; now, it is old and it is leaking. Back in 1993 when Mr. Brady joined the club, he was told tl�at the pool needed to be replaced. The club nursed it along for quite a few years, but it very much did need to be repiaced., It did_n't meet a11 the cod�s that a nPw r�-- - ___._ - � - required fo meei: 6ne of fhe other issues that presented itself when they were planning a new pool, was that the club house was quite aged and may at some time in the future need to be replaced. And, like many clubs, the Town and Country has kut hazd times; it has lost membership. As much as they would have liked to do both projects at one time, the club membership didn't feel that it was financialiy feasible at this time. A new club house would be Phase II, which has not been approved by the membership. One of the predicaments that was presented to the board and the membership was if they aze to do a Phase TI and replace the pool in the exact same site, it would create a problem. Construction of Phase II would have interrupted the improvements and caused great waste associated with keeping the pool on the same site; thus, the pool needed to move. Where to put the pool became the next question. Also, there's a sewer line that has an easement thaYs buried 25 feet, and the club did not want to put the pool or the tennis facility house on top of that easement. Then, the club considered putting the pool at the very northern part of the property line, which would have been much closer to the neighbors, and the membership believed, might haue presented a greater nuisance in terms of noise levels. What the club elected to do was to build the pool to the south side of the properiy and recess it, so from south to north it goes pool, recess, upper deck, pool tennis house, tennis courts, and then adjacent neighborhood properties. Mr. Moermond asked staff to provide a map of that configuration. Mr. Brady added that putting the tennis house in between the pool and the tennis courts would provide additional noise abatement as it related to a couple of the adjacent properties. This configuration was presented and approved through a number of processes. Mr. 5tarns met with both the Merriam Park Community Council Mr. Brady interjected that he believes that the Town and Country Club is the largest employer in Merriam Park, and he believes also, the lazgest landowner in Merriam Park, and some Merriam Park meetings came down without as much as an invitation to the club, which was somewhat of a disappointment because the club would have welcomed the opportunity to share in greater detail the proposed plans. Subsequent to these meetings, there were meetings between Mr. Starns and the neighborhood and individuals in the neighborhood, all of which brought the club to this point in the process. Ms. Moermond asked staff to report on the site plan. Mr. Hawkins (LIEP), started with condition #1 that the Planning Commission added to the Conditional Use Permit: 1) Town and Country must provide additional visual and noise screening along the north property line. In addition to the existing vegetation, the applicant has agreed to put in 22 spruce trees, six (6) feet tall at ten (10) feet on center and two (2) oak trees, 2'/z inches in diameter. They aze also putting in a six foot tall juniper hedge. According to Tom Beach, landscape azchitect, normally, an applicant puts in one (1) tree every I S feet; this is more intense. The site plan was approved without additional structural screening. Ms. Moermond stated that this change is really a negligible change in service area. She received a phone call this moming from Ms. Peck Tierney, who's in Maryland. Ms. Tierney wanted to be sure that a6-�y� her letter was received. Merriam Pazk quite exclusively addressed their concerns to expansion of the liquor license service area and talks about noise containment measures. The two (2) noise mitigations spoken of here today have been landscaping with trees and the sound seal. Ms. Moermond asked if there was a comment about Merriam Pazk's suggestion of installing operational doors on the north side of the new pooUtennis/grill area, which is now designed as an open breezeway azea. Mr. Stewart noted that the plan was to never have doors on there,_It's by definition.abzeezeu�a};-it'-s�est �ue{2�----- __-- - "sepaTate buildings connected by a single roof line, so there was never any discussion with neighbors about any door, at all. The only discussion about a door was for a security reason. Mr. Brady added that the breeaeway did come up for discussion and the potential of noise coming through. The issue has been addressed and resolved, as far a Town and Counhy thought. A few days before Ms. Tierney wrote her letter of concern, Town and Counhy did meet with her to discuss issues. Her comment was that it was good that there was still time to make changes. Town and Counhy's response was that it was too late in time to make significant changes. Mr. Hawkins continued his report. He referred to the Zoning Committee meeting minutes, August 4, 2005. District Council 13 stated their conditaons for approval: L Limits on how late the new tennis courts could be used should be imposed. They changed ihis from 10:00 pm. to sunset because sunset would be preferable. 2. Sound proofing measures should be implemented to limit the noise emanating from the courts/ pool area and pool equipment. These measures should be both structural and landscaping sound barriers, and should be sufficient to attenuate noise associated with the planned facilities so that neighbors to the north are not excessively impacted. Peck Tiemey also shazed concerns about the impact on her home as faz as food odors. She questioned the effectiveness of a walk-through building as a sound barrier and anticipated that the pool building would produce food odors from outdoor grilling. She expressed concern that the parties held at the pool building would be a source of noise and eating, and the winter use of the courts as an ice rink would bring yeaz-round noise. She stated that the neighbors do not want to impede the progress of the club, but hoped the club carefuliy considered noise and light buffering, and that stipulations be made to protect the quality of the adjoining properties. And, after that was all said and done, the Planning Commission did add conditions, but did not state whether is should be a structure or landscaping, leaving that up to the site plan review process. These things were addressed at the Planning Commission meeting and the Planning Commission approved the site plan with two (2) conditions. Mr. Tracy noted that the pool is now at a lower elevation, so the noise will carry less. Ms. Moermond asked about an item listed in Peck and Bob Tierney's letter that talked about "the stated doors on the north and south sides aze now security doors, reportedly only for closure at closing time and kept open throughout business hows..." Mr. Brady responded that was a mistake of fact. He added that Ms. Tierney called to ask for a site visit. At that time, there was some confusion as to whether there was some glass on the screened-in porch, which is on the west side of the building; and, there is no glass anywhere on the screened porch, nor has there ever been other than the ingress and egress doors that access the porch. There was never any intention of having any glass on the screened-in porch. It's a one-season porch. i, ' � Mr. Tracy noted that the Desnoyer Park Association, which Ms. Tierney chairs, voted to not send a letter, but to support the club. Ms. Moermond stated that the first concern cited in Ms. Tierney's letter is about the addition of a proposed alcohol service area. However, this is not an expansion of service azea; it is a re-configuration of service area. The second concern cited in Ms. Tierney's letter is that a north�able_�as �minxrP�,___�_ __-_ -- ---- - - - - - from ioo£ 3vTi�: Srady responded that the original design had a gable on both the north and south sides of the building. Tn the process of reviewing azchitectural plans and also trying to operate with certain budgetary constraints, the north gable at one time configured on an azchitectural rendering, was eliminated as a cost-saving measure. Ms. Moermond asked if that elimination was obvious during the site plan review process. Mr. Tracy responded that it was not even an issue. It's an aesthetic issue and there aze no special standazds for aesthetics. Ms. Moermond added that this is not an historic property where the elimination of an existing gable is important. Ms. Moermond asked about the limitations on the tennis courts for food and alcohol and the length of time that the pool can be used. Mr. Brady responded that these aze contained in the house rules that were recommended the by House Committee and will be voted on by the board at their May meeting. Ms. Moermond suggested that they consider adding these limitations to the conditions for the license, which may help to ameliorate some of the neighbors' concerns. Some discussion ensued. Ms. Moermond will recommend to the City Council that they approved this request for a change in liquor service area with the following conditions, which were acceptable to the representatives of the Town and Country Club: 1. The applicant must provide additional visual and noise screening along the north property line (consistent with the site plan, OS-129865, page L-1, approved on 10/OS/2005 to reduce the level of noise experienced by the adjoining residential properties. 2. No sale or service of alcohol will be permitted at the pools, pool house (including the eating area) and tennis courts after sunset. 3. Club house rules will prohibit the consumption of alcohol on the tennis courts. The hearing was adjourned at 3:27 p.m. ljab ��ta�;� � �� � � � 26 Apri12006 Ms. Marcia Moeimond I,egislative Hcaring Officer 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Ms. Moeimond: o�-�y� Merriam Park CQ121111L1111� COL111C11 1684 SelbyAvenue • St. Paul • Minnesota • 55104 mpcc@merriam-Park.org • www.metriam-park_org -- -- ----xel;-6St�.b4�b8��-'--�ax:65�9��:9�� --- ��un�;� Rs��ares� C�nt�r �." f4� , ,.. The Metriam Park Cammunity Council has been asked to offer comment on an application by the Town and Country Club, 300 N. Mississippi R.iver Blvd, to change the terms of its liquor license. The application seeks to expand Town and Couniry's present liquor service to a new outdoor pool azea This azea is under wnstruction as part of an expansion of Town and Counhy's facilities. At the time of the site plan review for the expansion, Town and Country Club requested a set- 6ack variance. The Merriam Park Community Council recommended approval of the variance request with the condition that noise abatement techniques be used to limit the impact of the new pool and poolltennis buildiag on neighbors. It has been brought to our attention by residents that the areas where liquor wiIl be served under the requestad license changa--the pool and pool-side azeas-�o not appear to have sufficient noise containment in the present plans. In partioulaz, the doors on the north and south sides of the of the pooUtentus building are reportedly planned on2y for closure at closing times, and will be kept open throughout business hours. This effectively cancels a great deal of the noise buffering fmm the pool and patio area that this building was supposed to serve. It is the position of the Meaiam Park Community Council, as approved by the Council's Executive Committee, that no expansion of Town aad Coantry's liqnor license shouid be granted anless and until better nofse containment measures a�: �dopted. Such measures include: • 1nsYalling operational doors on the north side of the new pool/teanis/grill azea, which is� now designed as an apen breezeway azea. These doors aze to remain closed during business hours to contain noise from the neighbors to the north. • Installing giass on the north side o�.the grill area, rather Yhan pazhially screening the space as is now planned_ ,�-�:1� o� {-a�� „�,,, ��„ w . 5,� �� ��� • Increase the planned use of dense vegetation on the north side of the T&C property to provide a visual aztd sound ban'ier- � s� �'�".5 m°`� �'� 5 �, E00/Z00�j SNIVId'dS3�Vl £BLLLSZlS9 XUd trS.60 900Z/8Z(b0 t�- �146 The Merciam Park Community Council therefore opposes granting Town and Couniry Club the reqnested change in their Iiquor license at this time, pencling a demonsirated connmitment by the Club to min;�,,;�e their aoise impact on their immediate neig�bors. c: Councilmember )ay Benanav Peck Tiemey, Chair, Desnoyer Park Improvement Association MPCC Recommendation rc Town and Country Club 2 E00/EOOf�J SNIVId^aS3��ll E8LLlSZl49 XVd roS.80 9o0Z/BZ/b0 President - Meiriam Pazk Community Council �, � Apri126, 2006 Mazcia Moermond Legislative Hearing Officer -- -- -- ---- –3�B Eity� – - _ _ _ _ _ - -- - _ . _ ._. f 5 West KeIlogg Blvd Saint Paul, MN 55102 fl7S57i��u �. n� � � �� T4ie pwpose qf this letter is to register an objection to Town and Cauntry Club's application to add liquor outdoor service to the existing liquor on sale license. The new poolltennis bldg. was allowed by modification of special use permit to be built 150' from the residential properry line (200' required).As immediately adjacent neighbors of this structure we took part extensively in the process. However, several changes from the approved plans have been made during the constrvction of the pooUtennzs bldg: 1. The addition of a proposed alcohol service area in the new pooUtennis bldg. is a pIan not made known to the neighborhood at the time the modification of a special use permit was granted on August 12, 2D06.We asked the question and were told thare was not to be an alcohol serving area in t}us building. Aicohol service is perceived as being a factor which typically increases noise and activity, and to have a negative 3mpact on adjacent residential property. �-� 2. The planned and drawn no� gable ` eliminated from the massive roaf with negative aesthetic impact to the �torki�� 3. Most importantly, the stated doors on Y3ie north and south sides aze now security doozs, reportedty onIy for closure at closing time and kept open throughout business hours, effectively canceling a great amaunt of noise buffering from the pool and pada which this bldg. was to have. Again, we asked the question and were told there wouid be doors, thus reducing the pool and patio noise during business hours from traveling through the building As property owners immediately to the north of the pooUtennis/grill, where a liquor service area is now also proposed, in order to reduce the level of noise, we request the following steps before constrnction is completed: 1. Install operational swinging doors for use during business hours on the north side of the new pooUtennis/gill area in the area now designed as au open breezeway area The nse of such doors was stated as a pianned design and was a deciding factor in granting the modification af the speciat use permit. Reportedly these doors are not in the current plan. 2. Install glass windows on the north side of the grill rather than using 2/3s glass and 1/3 screen on this side. This would reduce noise from the porchlgrill eating and driuking area. 3. Iucreasa the planted vegetation (trees, etc) on the north side in addition to whax has already been promised and planned. CiOUliC1� 4 t''�.+E�;I@f ,,, [i� � � ;` 0!o 9�O In a sincere effort to handle this with T&C as neighbors, as we have done with issues for the past 30 yeazs, this comment and reqnest for consideration was taken to Mr. Vincent Tracy, T&C General Manager on April 7, 20Q6 with the stated reguest for a decision before April 19 at which time Merriam Pk. Land Use Comtt►ittee met. As of the date of this letter we unfortunately have not been informed of a decision by T&C nor has there been an attempt to further discuss tfiis with us. We have been neighbors for 30 years and have enjoyed an unusually cooperative relationship with Yhe club. We realize Ure tremendous asset that Town and Country is to our neighUorhood and hope that these efforts to maintain a residential character to the area will be to everyone's mutual benefit. Though we do not wish to stop liquor sale in this new building we do expect T&C to make an effort to mitigate the impact that alcohol in close proximity to residentiai property wi11 bring. Sincerely, n J.� � ��,� (' � ,� Peck and Bob Tierney 264 Felham Bivd 6t. Paul 55104 651-647-1454 . . . Z� A�ci l Za0 C, Ms. A� Moermov�� • Lc is�g{-�ve.__.F}egri+n_g___�£�i�et-- ---- ---- 3 I U C�}� 1-� �( �s we.s� k�llag9 [31�d. Sat+n� pau I, (`1 N SS(p Z Re: Pcrm�� �or Towvt � Co���-r� Deo�r Ms. Moarmov�c� : Council Researci � Ccnier APR 2 , ZQU& - � , _ �, . �. t�leasa �rar9;�e �'�.e iv��ro�mal�}-� o� a��dwrv+�'cv� �e.�}'cr b�� 2 C�o+n�� �av� o,GttSS �`o a Priv��'e.r a�' �'�e vho-w�e,v�.�': Mc�. wi� Gar`c� av,c� Z owr ovr �ouse a� 337 0� t�ve.KVe. iv� S�. Pa��, ca�� W e. �guc bte.v� �ollo�v i r� �'I�e de,ba}'e. ovcr �-I�L rec}�es� bc.� Towvt av�a Cour� }- cl�anc,e ��e �erw�s os'r i�5 �ig�ar iic�n5e. t.c)e i�a�e. q�wa�s �o�,� T�c }� be a v�r� P°S{}�sJe �4r}� o�r ��n� he��kbor�,00c�, av�d are sym�a�c�-r'c � �'�eiv` �e�ves�-. We Q�so no-�e �-�,c ��,ye ex�4hsiov� � �-tic� �iAU� ��de�-��evt �us�- across �-row� o�� l�A�� yard, a�� w; �-�, +-�a S��oa� -���d kt�s c0. 9 a�� �t� ��. hQ�� Sonne c.o�ce.t�v�5 c�bo�� - � - '�+e. no�'se leve(. Acco�-cli��l� we. �'���� � �- �es�- �o�c f1�e co�ncer�s � �av� f��e+ti t`a�se.c� a.bo� � v�oise aba�-e,w�ev� �- be add+�cssec� b� TwC a„�d ovr vleig�.borS b��src a�ecis�`avt �`s tMade. oy� �-�,e �i��vof' �erwt� �: (.eJ� Cavt �� re0.C�nec� rnos� �asi �� �� evha�, G�- pe�-e,r Iowclt °-1 �cJ. 0.�00, GOWt, c�r�o� car qvr�ari CG� � y c.�noo.cow�� i� t�.oc.c, 1•� anc�. quc.s�-iov�5, ��an�c t�oc-� �or t�, ov(� ar�cnt'idVL. Re�,9` t�elC' f �!' ��, Q�dm•�-- OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTEC?ION Bob Kessler, Director CITY OF SAII3T PAUL cohtMExca av�tDlNc Christopher B. Coleman, Mayor 8 Fourth Saeet Eas1, Smte 200 SiPaui, Minnesoia 55701-1024 LICENSE REVIEW SUMMARY Date: Monday, May 8, 2006 at 2:00 PM �. - . Telephone: 651-266-9D90 Facsimile: 6i1-266-9124 Web: vrirw.liep.vs LicenseInformation: 0015111 Town & Country Club Inc located at 300 Mississippi River Boulevard North Vincent Tracy, General Manager Change in liquor service area by moving two tennis courts to an azea which was previously used as parking Recommended License Conditions: 08/12/2005 Planning Commission Resolution #05-78 for the modification of a golf course special condition #OS-133-107 to allow a new pool building 150 feet from residentially used property (200 ft. required) on properry located at 300 Mississippi River Boulevard North is approved subject to the following conditions: 1. The applicant provides additional visual and noise screening along the north property line to reduce the level of noise experienced by the adjoining residentia] properties. 2. The pools, pool house (including the eating area), and tennis courts are not lighted and are not used after sunset. Current Licensee: same Inspection Requirements: LIEP Recommendatian: Building: in process Environmental Health: in'process Fire: in process License: recommends approval Zoning: recommends approval LIEP recommends approval with conditions. AA-ADA-EEO Employer o�-�4h city of saint paul pianning commission resolution file number o5-7a ___________________ ____ -- - -- ------ date Auqust 12. 2005 WHEREAS, Town and Country Club, File # 05-133-107, has appfied for a modification of a golf course special condition to allow a new pool building 150 ft. from residentially used property (200 ft. required) under the provisions of §65233(b) of the Sai�t Pau{ Legislative Code, on property located at 300 Mississippi River Blvd. N., Parcel Identification Number (PIN) 3229233400�3 and 322923340018, legally described as TOWN AND COUNTRY PLACE TRACT IN SW 1/4 OF SEC 32 T 29 R 23 BOUNDED ON N BY TOWN AND COUNTRY PL ON E BY OTIS AVE AND ON S BY MARSHALL AVE AND ON W BY RIVER BLVD ALSO IN SD TOWN AND COUNTRY PL PK LANE VAC ADJ AND LOT B; DESNOYER PARK R,4MSEY CO., MINN. BEG AT A PT ON NLY L OF ROUND LANE VAC 15 FT WLY FROM SE COR OF LO7 21 BLK 30 TH ELY ON NLY L OF SD ROUND LANE TO SE COR OF LOT 24 TH SELY ON SWLY L OF OTIS AVE EXTENDED TO NE COR OF LOT C TH SWLY ON S�Y L OF SD ROUND LANE TO A PT 10 FT ELY FROM WLY L OF LOT 21 EXTENDED TH NELY TO PT OF BEG & EX BI.VD PART OF SD �OT C NLY OF A � RUN FROM A PT QN ELY L QF & 56.66 FT FROM SELY COR THEREOF TO A PT ON WLY L OF & 66.20 FT FROM SWLY COR OF SD LOT C; and WHEREAS, the Zoning Committee of the Planning Commission, on August 4, 2005, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint P aul Legisiative Code; and WHEREAS, the Saint Paul Planning Gommission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. According to the application, the Town and Country Club has been located at the northeast corner of Marshall and Mississippi River Blvd. for 110 years. The existing club house and pool were built in the 1960's, a�d the applicant w ishes to replace them. Phase 1 includes relocating two of the tennis courts and replacing the separate pool and tennis buil dings with a new com bined building. P hase 2, which is not a part oF this app(+cation, will include a new club house. 2. Golf courses are permitted in the R3 zoning district subject to four conditions. Since the applicant is proposing to replace an accessory buiiding, an entirely new conditional use permit is not required. However, one of the conditions is not m et, and the applicant is requesting a modification of it. 3. Section 65.233(b) states: Development features, including the principal and accessory buildi�gs and sfrucfures, shall be located and related so as to minimize the possibilities of any adverse effects upon adjacent property. All principal or accessory Buildings or structures shall be srtuated at least two hundred (200) feet from any property line abutting residentiaily zoned or used lands; provided, thaf where topographic conditions are such that buildings would be screened from view, the planning commission may modify this requirement. The applicant is proposing to alter the existing layout of facilities by moving the two southerly tennis courts to the east of the northerly two courts and removing the existing tennis buii ding. They are not proposing any changes to the moved by Morton seconded by in favor Unanimous against r _ . � Zoning File 05-133-107 Planni�g Commission Resolution page 2 Iandscaping along the northerly property line. They will then construct the new pool/tennis buil ding ---__.-- ---aa-t#�e-aFeawEiere-t#�e-se�tfherrrtenniscanrts erep� acT"�moJing_ — northward as well. This plan results in both a developm ent feature (the tennis courts) and an accessory building (the new pool/tennis building) being relocated closer to residentially used land. The new building will be 150 ft. from the north property line, and the applicant is requesting modification by the planning com mission of the 200 ft. distance requirement. 4. §61.501 lists five standards that ali conditional uses m ust satisfy: (1) The extent, location and intensity of the use wi ll be in subsfantial compliance with the Sarnt Paul Comprehensive Plan and any applicable s ubarea plans which were approved by the city council. This condition is met. The zoning code permits golf courses and accessory facilities in residentiaf districts. 7he fand use plan supports compatible mixing of uses (Policy 5.2.1 }. The swimming and tennis facilities are accessory to the club. (2) The use will provide adequate ingress and egress fo minimize tra�c congestion in the public streets. This condition does not apply. T he new construction wiil not alter ingress and egress. (3} The use wi(I not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general we/fare. This condition is met. The proposed uses are existing, only the 4ocation wiA change. (4) The use wrll not impede the normal and orderly development and improvement of the surrounding property for uses permitfed in the disfricf. This condition can be m et. The existing te�nis building is approximately 277 ft. from the northern property line; the existing pool house is approximately 325 ft. from the property line; and the existing pool is about 390 ft. fr om the northern property line. Under the plans proposed by the applicant, the com bined pool and ten nis building will be 150 ft. from the northern property line, the small pool will be 220 ft. away and the large pool will be 263 ft. away. The new pool house wil I also include a 48 ft. x 23.3 ft. screened dining area and a small kitchen. Extensive use of this dining area could create additional noise besides that caused by users of the tennis courts and the swimming pool itself. The appiicant states that these faci lities will be closed at sunset, w hich can be as late as 9:00 p.m . in the summer. Moving these centers of activity closer to the adjacent residential uses should be accompanied by more noise and visual buffering for the residential uses. Providing this additional buffering will meet this condition. (5) The use shall, in all other respects, conform to the applicab/e regulations of the district in which it is located. This condition is met provided the planning com mission approves modificatio� of the distance requirement. 4. The planning commission may approve modifications of sQecial conditions when specific criteria are met: strict application of such special conditions would unreasonably limit o� prevent otherwise lawful use of a piece of property or an existing strucfure and would result in exceptional undue hardship to the owner of such property or sfructure; provided, that such modification wrll not impair the intent and purpose of suc h special conditron and is consistent with health, morals and general welfare of the community and is consi sfent with reasonable enjoyment of adjacent proper fy. Strict application of this condition would require the applicant to revise their plans, which include relocating the service drive and loading dock to the south side of the club house, fur ther from the residences to the north. Location of the buildings on the site is constrained by the presence of a storm sewer 25 ft. below the ground. Nothing can be built over the storm sewer that would interfere with maintenance and repair. For these reasons, the strict application of the distance condition would unreasonably limit othen,vise lawful us of this properry and would result I exceptional undue ha rdship to the owner. If sufficient visual and noise buffering is provided, the modification will not impair the intent and purpose of the special condition and wil I be consistent with the health, morals and general welfare of the community and with reasonable enjoyment of adjacent property. b�-�l 96 Zoning File 05-133-107 Planning Commission Resolution page 3 NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authority of --- ---- -------the-CiLy's-Le9[slatixe-��e #aat ihe-applisa#ion e€-�evosj-a� E-oar�try£ fora f condition for a golf course to allow a new pooi buildi ng 150 ft. from residentially used property (200 ft. required) at 300 Mississippi River B1vd. N. is hereby approved subject to ihe following additional conditions: 1. the applicant provides additional visual and noise screening along the north property {ine to reduce the level of noise experienced by the adjoini ng residential properties. 2. The Qools, pool house (includi�g the eating area), and tennis courts are not lighted and are not used after sunset. o�-y�h CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DATE: iVMay 8, 2006 TO: Mazcia Moermond Legislative Hearing Officer FROM: Christine Rozek Deputy Director, LIEP RE: Town and Country, 300 Mississippi River Boulevard North A. Historv: Town and Country is golf course that has been in Saint Paul for 110 yeazs. The existing club house and pool were built in the 1960's. Since that time, they've had liquor service in the club house, pool house, and adjacent patio areas. Town and Country is now undergoing a rebuild of the pool house and tennis courts. As part of this rebuild, Town and Counhy set up a project review with LIEP staff: During that review, LIEP staff advised that the outdoor area surrounding the pool house would require a separate outdoor service area license because it was no longer "compact and contiguous" with the existing club house. Town and Counhy made the suggested application and LIEP staff notified neighbors within 350 feet of the properry line of the proposed outdoor service addition to the liquor license. The General Manager of Town and Counhy, Vince Tracy, contacted the state regarding the liquor license issues, and was told that under state law, golf courses need only one license. I called the state and was told that in fact, golf courses require only one license. B. State and Citv Reeulations: The ordinances of St. Paul do not provide a definition of "licensed premises". In the absence of a defmition in the legislative code, the state definition applies unless such an application would create a conflict. St. Paul Leg. Code § 2.18. The state definition of "licensed premises" in relevant part is "located" on a golf course, `&censed premises' means the entire golf course except for azeas where motor vehicles are regulazly pazked or operated". Minn. Stat. § 340A.101. The St. Paul Legislative Code requires approval by the City Council of any change in liquor service area after notice to property owners within 350 feet of the properiy line. St. Paul Leg. Code § 409.11(a). A Legislative hearing is scheduled if neighbors voice concerns regarding the service area. AA-ADA-EEO Employer ��'�{ 9(0 G Chaare in Liauor Service Area: The site p2an shows that the existing layout of facilities is going to change by constructing a new pooUtennisbuilding in the azea where tennis courts had been, and, importan�ly, by movine the two southerly tennis courts to the east of the northerlv two courts. These two new eastem courts will replace what is currently parking. Because pazlflng is not part of the licensed premises, tlus move constitutes a change in liquor service area. This change in liquor service area requires notice under the legislative code. D. Planning Commission: The project went through the site plan review process. A public hearing was held on August 4, 2005, before the Zoning Committee of the Planning Commission and the Planning Commissian approved the szte plan with a setback variance for the pooUtennis building. The piaiming commission placed two conditions on their approval: 1) Town and Country must provide additional visual and noise screening along the north property Iine; and 2} the pools, pool house, and tennis courts are not Iighted or used after sunset AA-ADA-EEO Employer � Ra�quel Naylor - 300 Mississippi add liq patio n.doc Page 1� OFFiCE OF LiCEnSE Ii�'SPECTIONS A�D ENVIItONMENTAL PR07'ECl'I01� Bob Kessla, D'vutor ; CITY OF SAL�'T PAUL � ChrisropherB. Coleman, Mayor __�—.'_—___ .. __._.._____ _'_.__—"_____� � COMMERCEBUILDING Te7epnorze: 651-?6G9090 8 Fossrth Sveet Eatt, Suire 200 Faaunile: 651-2669124 _._ SiPavl_Minnuom55/OL1024 ___Web._ www.liep.vs _ Dear Resident and/or Neighborhood Organization: The OfSce of License, Inspections and Environmental Protecrion (LIEP) has received an application for a License for a business in your area. You aze being notified because this request requires neighborhood norification. Details regazding this matter aze given on the reverse side of this letter. You will have 45 days from the date this notice was mailed, to express any objections. The response deadline is gven on the reverse side of this document. If you have any objecrions to the application as described on the reverse side, please send your objection(s) (wifh your telephone number) in writing to: Marcia Moermond Legislarive Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections aze received, a hearing will be scheduled beFore a legislative hearing officer. If you have sent in an objection, you will receive norice of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this heuing, the Lea slative Hearing Officer will make a recommendation to the City Council as to whether the license request should be approved, approved with conditions, or be refened to an administrative law judge for further review. The City Council will have the final authority to grant or deny the license. If you have any questions regarding this matter, please contact Corinne Tilley or Larty Zangs, LIEP Project Facilitators, at (651) 266-9103, or me at (651) 266-9108. Sincerely, Chrisrine A. Rozek LIEP Deputy Director CAR/cat AA-ADA-EEO Employer LICENSE APPLICATION NOTIFICATTON License Number: 0016111 Purpose: Application to add Liquor Outdoor Service (Patio) to the esisting Liquor On Sale License - License At: 300 Mississippi River Boulevazd North Licensee: Tovm & Counhy ClubInc ' Vincent Tracy, General Manager, 651-646-7121 Recommended License Conditions: None Response Date: April 28, 2006 at 4:30 PM (FYiday) If you have any obj ections to the license application, you must respond in writing by Friday, Apri128, 2006 To: Marcia Moermond Legislarive Hearing Officer 310 City Hall 15 West Kellogg Blvd Saint Paul, MN 55102 If you have any queslions, please contact Corinne Tilley or Larry Zangs, LIEP Project Facilitators, at 651-266-9103 or Christine Rozek, LIEP Deputy Duector, at 651-266-9108. Notice Mailed: Mazch 13, 2006 0�-4 g� Z 8 Apc; l z oo C, Ms. M qrcici Moermov�d • Lc is�a�r��� H��riv�g O��ce�-------- -- -__� -- - - - -- - -- __ --- 3MU Ci� � �s t.�� k�ltagg [3(�d. S�i�} Pa�l, MN SSfOZ � Council R?searc � Genter APR 2 � 2pU6 - Re: Perm��- �or Tor.uvt 4- Co���-r� � Deo.r Ms. Moarmo,nc� : , `--__ , � �+flqSG �orq��G ��e Jvt�aryy�p�i� OT GZ V�a,n �L�TG� �u� _ �J 1 �OV1�� v14U� QGGGSS TO a �nlvlT�!` aLT i��E W1�ri'IE.N.� 1"�tJ, cui�'G. Gqr av�d =. awn o�r kouse a.}� 337 Ofis 1�vc�ve iv� S�. Pa�l, caKd we. havc bee.r� �ol4o�v in� �'I�� c�e�ba}'e. over }-�L reqves� bc� Tow+ti a�,.a Cour�r� �- ci�ahc�e �-�Se_ }-erw� o� i� )iQ�ar lic�n3e.. (.c.)e l�a�e. a�wa�s ��,.,�J Ta�C fn be a v�r� Pos��-iJe �4r}� a� ��� y�e��4�borl�ooc�, av.d cir< syw��a�e�ic �a ��teiv t��ues�-. We q`so �o�-e - 3-1�c ��ye exP4nsiovt �'�a� �'l�c� L� A v e.. ��d er -� �ce v� S u s-�- ct e ro s s �'-ro w� o� r�a �)c � a rd, a�� c.c�i �-� � sc�oo� - a�c.d ki�5 �a��s 9 a�.d �t� ta� e �aUe. Sonne e.o�ce.fv� c�bo�} �'l�e no� se /ave1, Acco�d���l� we �"���� ; �- �es�- �o+- �-L,e co�ctr�s i-I�0.�- �a�� 6�ev�. �a;S�d aeo��- �o�S�. gba-4-evt�ev� �-a b� add��ssed b� T�C q�d ovr vlei�l��ors b��sre c� decisiovt �`s w�ac�e ov� -�-i�e �i��o,� �crvni�: Cve. eav� �e re.c�c�nec� rnosf c.as; �� �� ew�a� �, G� pe�-er loe�e,ll �! �cJ,c�,l com, c,,�o� car lqmari eG� � ye��t DD.GOYYt l I T c�oc.� v�c�uc �av�c.t. c�uc.s'E"iovt�j . J �'�an,c �oc.t �or yovt` af{'cn�l�v�. Qe.�c.r�g, ,'�'�12f� �'l,� �� 0� -�f 9/� Aprii 26, 2006 � Marcia Moermond Legislarive Hearing Officer 310 City Hall - - � 5 �Vest-I�r,llegg�-31v� -- --- — Saini Paui, MN 551 �2 �-, •- .e��. Councii �es�a,•en C��€er i ` ; ' -- �� � � �� The purpose of this letter is to register an objecfion to Town and Country Club's application to add liquor outdoor service ta the existing liquor on sale license. The new pooUtennis bldg. was allowed by modification of special use permit to be built 150' from the residential property Iine (200' required).As immediately adjacent neighbors of this structure we took part eartensively in the pmcess. However, several changes from the apgroved plans have been made during the construction of the pool/tennis bldg: 1. 'Fhe addition of a proposed alcohol service area in the new pooUtennis bldg. is a plan not made laiown to the neighborhood at the time the modification of a special use permit was granted on August 12, 2006.We asked the question and were toid there was not to be an alcohoJ serving area in this buiiding. AIcohol service is perceived as beir�g a factor which typically increases noise and activity, and to ha�e a negative unpact on adjacent residential property. 2. The planned and drawn north gable was eliminated from the massive roof with negative aesthetic impact to tke north. 3. Most unporTantly, the stated doors on the north and south sides are now security doors, reportedly only for closure at closing time and kept open throughout business hours, effectively canceling a great amount of noise buffering from the pool and patio which this bldg. was to have. t�gain, we asked the question and were told there would be doors, thus reducing the pool and patio noise diuing business hours from traueling through the building As property owners immediately to the north of the poolltennis/grill, where a liquor service azea is now also proposed, in order to reduce the level of noise, we request the fallowing steps before construction is completed: 1. Install operational swinging doors for use during busitiess hours on the north side of the new pooUtennis/grilt azea in the area now designed as an open breezeway area. The use of such doors was stated as a planned design and was a deciding factor in granting tha modification of the special use pemut. Reportedly these doors aze not in the current pIan, Z. Install glass windows on the north side of tiie grill rather than using 2I3s glass and 1/3 screen on this side. This wouid reduce noise fcom the porch/grill eating and drin� area. 3. Increase the planted vegetation (trees, etc) on the nortfi side in addition to what has already been promised aud planned.