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5.1. SR 04-18-2011REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.1 AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment Aril 18, 2011 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Briggs Properties fox Conditional Use Permit for Hotel (Elk River Lodge), 17432 Yale Street, Case No. CU 11-07 REVIEWED BY - Public Hearing ACTION REQUESTED Staff and the Planning Commission recommend approval, subject to the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2. The development shall meet all applicable fire codes as required by the Fire Chief. 3. No expansion in the number of rooms is permitted. 4. No guest may occupy the hotel for a period longer than 30 days 5. Parking lot shall be striped to accommodate at least 47 parking spaces (1 per room plus 5 employees). 6. Building shall be connected to city water and any onsite wells capped and abandoned. 7. All signage shall comply with the C-3 signage requirements. 8. A trail easement be provided through the property to accommodate the "future trail along the river" anticipated by the 171x` Focused Area Study. BACKGROUND/DISCUSSION A hotel requires a Conditional Use Permit in the C-3 zoning district. The previous hotel, AmericInn, closed last spring, sometime before Apri17, 2010. Six months after closing, the CUP expired. The applicant proposes no changes to the hotel, retaining the same number of guest rooms, and no changes to the exterior of the building. More complete description is attached in the Planning Commission report dated Apri112, 2011. Planning Commission Discussion The Planning Commission had no concerns with the use of the building as proposed. The Commission asked what impact MnDOT's plans for Highway 10 and the interchange would have on the proposed use of the property. Staff replied that a median break on Highway 10 is expected to be removed in 2012- 2013, but changes to the interchange are not fully developed. The Commission asked about condition #6 regarding water, and it was noted that the building is currently hooked up to city water. Staff recommends this condition due to the history of the property. Case CU 11-05 Elk River Lodge Page 2 The Commission also suggested a trail easement along the river, in part to address the non-vehicular circulation goals of the FAST study. The applicant was agreeable to providing an easement. A condition to this effect was added as #8. In speaking with park planning staff, it was suggested that a trail easement be located along the east side of the building, along Zane Street, as the terrain closer to the river is fairly rugged, and constructing a trail might be problematic. Additionally, during the FAST study, many of the property owners expressed a strong desire to not have any trail along the river, through their back yards. Public Hearing The Planning Commission held a public hearing on the subject. The property owner, John Schrieber, spoke in favor of the request. He did note a concern with condition #4, regulating the maximum length of stay to 30 days. This condition is based in part on the building code and the buildings construction. The building was constructed as R-1 occupancy, and the building code permits a stay up to 30 days. Thirty-one (31) days would require R-2 occupancy. The attached memo from the building official provides some information on R-1 and R-2 occupancies, and what he might expect to see in an R-2 hotel construction. The council may have some concern with the migration of a hotel to a long term stay. FINANCIAL IMPACT None ATTACHMENTS ^ Planning Commission report, dated April 12, 2011 ^ Memo from Building Official dated April 14, 2011 Action Motion by Second by Vote Follow Up REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 5.2. AGENDA SECTION MEETING DATE PREPARED BY Planning Apri112, 2011 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By 5.2. Request by Briggs Properties for Conditional Use Permit Jerem Barnhart, Pla ~ Mana er for hotel (Elk River Lodge), 17432 Yale Street, Case REVIEWED BY No. CU 11-07 ACTION REQUESTED Staff recommends approval of the Conditional use Permit, subject to the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all require permits. 2. The development shall meet all applicable fire codes as required by the Fire Chief 3. No expansion in the number of rooms is permitted. 4. No guest may occupy the hotel for a period longer than 30 days 5. Parking lot shall be striped to accommodate at least 47 parking spaces (1 per room plus 5 employees) 6. Building shall be connected to City water and any onsite wells capped and abandoned. 7. All signage shall comply with the C-3 signage requirements. Applicant Elk River Lodge, Pat Briggs Location/ Address 17432 Yale Street 60 Day Rule The City must take action byMay 30, 2011 OVERVIEW Pat Briggs is requesting a Conditional Use Permit to open a hotel where the former AmericInn Hotel operated. The AmericInn closed no later than April 7, 2010; being closed for a period longer than 6 months caused the Conditional Use Permit to expire. BACKGROUND/PRECEDENT Hotels are a Conditional Use in the G3 Zoning district Focused Area Study The subject property is within the 17151 Focused Area Study. No zoning or land use changes have been approved relative to the study; however, the proposed hotel is consistent with the plan. Case File: CU 11-07 Page 2 GENERAL INFORMATION Elk River Lodge Location Existing Use Comprehensive Plan Current Zoning Designation Subject Vacant hotel Highway Business G3 Property North Hwys 101 and 169 HghwayRight of Way I-1 interchange South Vacant car Highway Business G3 dealership East Hghway Highway Business G3 commercial West Mississippi River Mississippi River -- APPLICABLE REGULATIONS Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. N:\Depa2ttr~ents\CommunityDevelop~nt\Planning\Case Files\CUI'\CU 11-07 Elk River Lodge\Staff report.docx Case File: CCJ 11-07 Elk River Lodge Page 3 If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not complywith the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. ANALYSIS The proposed use as presented bythe applicant is consistent with the previous hotel use. The applicant suggests: No change to the number of rooms (42) No changes to the exterior of the building No changes to the length of stay (not longer than 30 days) Comprehensive Plan The use is consistent with the Comprehensive Plan. Transportation/ Circulation Par ~ - During a site visit, the applicant indicated he would be completing parking lot maintenance, including sweeping and seal coating. During the inspection, it was noted that the parking lot striping has been worn away; with or without a seal coating project, the parking lot will need to be restriped. Utilities Water -The building, when constructed, was served by an on-site well, as city water was not available at the time. The building will need to be connected to the citywater system and all on-site wells be capped and abandoned. Grading/ Drainage No changes to the grading system is proposed or anticipated. Landscaping A site inspection indicated that a number of the foundation plantings are in need of minor maintenance. Applicants Narrative, via email dated March 30, 2012 "Reopen Hotel, all details will remain the same. Please call me at <phone number> No changes. CCJP formality' ATTACHMENTS ^ L,ocation Map ^ Site Plan ACtlotl Motion by Second by Vote Follow Up N:\Departments\CommunityDevelopment\Planning\Case Files\CIJl'\CCT 11-07 Elk River Lodge\Staff report.docx Wd 609Z Z TIOZ/TE/E '6nnp deW uoileuo~\a6po~ Dania ~II3 LO-TT fly\dfl~\sapj ase~\6uwue~d\Tuawdo~ana4 l~iunwwo'\s;uaw~edaa\:N 11 I\ 11 \ 11 \11\ \\ 11 11 \111 \~ ~~ ~g \ 1 1\ ~ 1 ~ 11 1 1 1 1~ ,` ~~ ~~~ I1\ 11 ~ 1111 \ 11 III 11 ~ 1 1\ 1\ 1 1 1 11 1 1~ \ I~ ~~ \ \ ~ \ 11 x\11111 \\ ~ \` ~\ ~ \I ~\ ~1~1 \ \ 1 111 1 I ~` '~ 1 1 I 11 1 11 1111 1 II II III II II -----~ 11 1 1 11111 11111 I I I 11 II 1111 ` II II II II II 1\ I I ( I ~1 111;-I I I I I /111/111 `P ~ 11 - -~ I C I III I I` --- I I i I II I I I I ~ I I~~~ l 11'11_. I I I I I~~/-~,; ~ ~ I I II~IIi ~.; I I I j Ilj li~~ I I I ( Illjl~ I I ~ I III1``. ~~ 1 1 1 1 11 \~ \~ \ l ~ 1 ` 1 \ 1 ~~ 1 1 1 11 I I 1 ~ I I I 1 1 1 1 i I I,, 1 1 1 1 , 1 1 1 1 1 1( 1 1 1 11 II j ~ 11 11 it ~~ I I I I l 1 1 1 1. I, ! I~ 1 1. ~ ~~~ ~\\~\ \ ~\ \ \ ~ \\ \ \\ ~ ~~ ~ ~ ~ ~ ~~ ~~ `~~~ ~ ~ ~ ~ ~ \ \~ \ ~ ~ ~ ~ ~ ~~ ~ ~~ ~ \~ \ -~ '• ~~ ~ ~ '~ ~ ` ~ ~ ~ ~ ~ -- 99 ~ ,, ~. a. ~ ~ .~ e ~ '\ ~ ~ ~\ ~ ~~ ~ ~~ - ~ ,,~ ~ ~ ~ ~ •~ ~ 1 1 ,, I `1 I 1 ~~ ~ \ \\ i 1 ~~ \ I 1 ~ ~ ~ ~~ ,~ ` 1 -~- •~ ~ 1 ~ ~~~~ ' I SITE PLAN GRADING NOTE: I~~ = 30~-0~ SEE SHEET AI FOR NOTES. MEMORANDUM V~~ TO: Jeremy Barnhart FROM: Bob Ruprecht DATE: April 14, 201 SUBJECT: Briggs Property Per the Minnesota State Building Code, (MSBC) motels fall under one of two categories. R- 1 or R-2. R-1 being transient and R-2 being not transient. Transient is defined in the MSBC as, "Occupancy of a dwelling or sleeping unit for not more than 30 days" There is technically no difference in the structural components of the two occupancies until the structures become much larger than this property. N:\Departments\Community Development\Planning\Case Flies\CUP\CU 11-07 Elk River Lodge\Ruprecht memo 04 14 2011.doc USE AND OCCUPANCY CLASSIFICATION vided to permit movement fi•om sleeping units, activity spaces and other occupied areas within the smoke compart- ment to other smoke compartmeu[s. N 308.5 Group I-4, day care facilities. This group shall include M buildings and structures occupied by persons of any age who an receive custodial care for less than 24 hours by individuals rv other than parents or guardians, relatives by blood, marriage, or N adoption, and in a place other than the home of the person cared M for. A facility such as the above with five or fewer persons shall an be classified as Group R-3. Places of worship during religious N functions are not included. 308.5.1 Adult care facility. A facility that provides accom- modations for less than 24 hours for more than five unre- lated adults and provides supervision and personal care services shall be classified as Group I-4. Exception: A facility where occupants are capable of responding to an emergency situation without physical assistance from the staff shall be classified as Group A-3. 308.5.2 Child care facility. A facility that provides supervi- sion and personal care on less than a 24-hour basis for more than five children 2'/~ years of age or less shall be classified as Group I-4. Exception: A child day care facility that provides care for more than five but no more than 100 children 2'/, years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E. SECTION 309 MERCANTILE GROUP M 309.1 Mercantile Group M. Mercantile Group M occupancy includes, among others, buildings and structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such pur- poses and accessible to the public. Mercantile occupancies shall include, but not be limited to, the following: Department stores Drug stores Markets Motor fuel-dispensing facilities Retail or wholesale stores Sales rooms 309.2 Quantity of hazardous materials. The aggregate quan- tity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored or displayed in a single control area of a Group M occupancy shall not exceed the quantities in Table 414.2.5(1). SECTION 310 RESIDENTIAL GROUP R N 310.1 Residential Group R. Residential Group R includes, M among others, the use of a building or structure, or a portion M thereof, for sleeping purposes when not classified as an Institu- tiona] Group I. Residential occupancies shall include the N following: ~~ R- t xestdenuat occupanctes containing sleeping unit' where the occupants are primarily transient in nature. including: Boarding houses (transient) Hotels (transient) Motels (Lransient) Bed and breakfast facilities with six or more guestrooms. A facility with less than six guestrooms shall be classified as a Group R-3 occupancy. R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses Boarding houses (not transient) Convents Dormitories Fraternities and sororities Hotels (nontransient) Monasteries " Motels (nontransient) Vacation timeshare properties Congregate living facilities with 16 or fewer occupants are permitted to comply with construction that complies with the requirements for Group R-3. R-3 Residential occupancies where the occupants are pri- marily permanent in nature and not classified as R-1, R-2, R-4, or I including: Buildings that do not contain more than two dwelling units Adult facilities that provide accommodations for five or fewer persons of any age for less than 24 hours Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours Congregate living facilities with 16 or fewer persons Adult and child cat•e facilities R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted liv- ingfacilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for con- struction as defined for Group R-3 except as otherwise pro- vided for in this code. 310.2 Definitions. The following words and terms shall, for the purposes of this section and as used elsewhere in this code, have the meanings shown herein. BOARDING HOUSE. A building arranged or used for lodg- ing for compensation, with or without meals, and not occupied as asingle-family unit. CONGREGATE LIVING FACILITIES. A building or part thereof that contains sleeping units where residents share bath- room and/or kitchen facilities. 44 2007 MINNESOTA STATE BUILDING CODE USE AND OCCUPANCY CLASSIFICATION DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses. PERSONAL CARE SERVICE. The care of residents who do not require chronic or convalescent medical or nursing care. Personal case iirvolves responsibility for the safety of the resi- dent while inside the building. RESIDENTIAL CARE/ASSISTED LIVING FACILI- TIES. Abuilding orpart thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of respond- ing to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facili- ties, social rehabilitation facilities, alcohol and drug abuse cen- ters and convalescent facilities. Resilient flooring Silks Soaps Sugar Tires, bulk storage of Tobacco, cigars, cigarettes and snuff Upholstery and math•esses Wax candles 311.3 Low-hazard storage, Group S-2. Includes, among oth- ers, buildings used for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single thickness divisions; or in paper wrappings. Such products are permitted to have a negligible amount of plastic trim, such as knobs, handles or film wrapping. Storage uses shall include, but not be limited Co, storage of the following: Airci aft hangar Asbestos Beverages up to and including 12-percent alcohol in metal, glass or ceramic containers Cement in bags Chalk and crayons Daily products in nonwaxed coated paper containers Dry cell batteries Electrical coils Electrical motors Empty cans Food products Foods in noncombustible containers Fresh fruits and vegetables in nonplastic trays or containers Frozen foods Glass Glass bottles, empty or filled with noncombustible liquids Gypsum board Inert pigments Ivory Meats Metal cabinets Metal desks with plastic tops and trim Metal parts Metals Mirrors Oil-filled and other types of distribution transformers Parking garages, open or enclosed Porcelain and pottery Stoves Talc and soapstones Washers and dryers a dwelling unit or sleeping unit SECTION 311 STORAGE GROUP S 311.1 Storage Group S. Storage Group S occupancy includes, among others, the use of a building or structure, or a portion thereof, for storage that is not classified as a hazardous occu- pancy. 311.2 Moderate-hazard storage, Group 5-1. Buildings occupied for storage uses that ai•e not classified as Group S-2, including, but not limited to, storage of the following: Aerosols, Levels 2 and 3 Aircraft repair hangar Bags: cloth, burlap and paper Bamboos and rattan Baskets Belting: canvas and leather Books and paper in rolls or packs Boots and shoes Buttons, including cloth covered, pearl or bone Cardboard and cardboard boxes Clothing, woolen wearing apparel Cordage Dry boat storage (indoor) Furniture Furs Glues, mucilage, pastes and size Grains Horns and combs, other than celluloid Leather Linoleum Lumber Motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed in Table 307.1(1) (see Section 406.6) Photo engravings 2007 MINNESOTA STATE BUILDING CODE SECTION 312 UTILITY AND MISCELLANEOUS GROUP U 312.1 General. Buildings and structures of an accessory char- acterand miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following: Agricultural buildings Aircraft hangars, accessory to a one- or two-family 45 =m:Wayzata Law Group, LLC To:Elk River City Council. (17636351090) ~~ ., .. DIRECT DIAL: 95.475.0910 E-r~n~i~: akaatz@wayzata(awgroup.com April 18, 2011 Elk River City Council City Hal( 13065 Orono Parkway Elk River, MN 55330 P~: 1Na~iti Park Camp~r~unct Dear Mayor & Council Members: 16:18 04/18/11GMT-06 Pg 02-02 ~~~ ~ • ~. ~~` (/~F'J~t~f ~/~/~ FAC~IIVI{~.~ 763.635.1090 After discussions with Mr. Beck and after reviewing the Council's Agenda Packet for this evening's City Counci[ meeting, it appears that the differences between the City and .Wapiti are too great to resolve without the assistance of the judicial system. We continue to believe your ordinance revision last spring rendered Wapiti's use of the building a legal, nonconforming use; that the City violated the GO day rule in the' handling of Wapiti's IUP application; and that the proposed conditions are unreasonable' and amount to an uncompensated taking of property. As a result,.neither representatives from Wapiti nor its attorneys will be attending this' evening's Council Meeting, We await your decision on Wapiti's IUP request. Sincerely, Wayzata Law Group, LLC ..~ -_ --- ___ Adam C~Kaatz cc: Juanita Glenn