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5.1. PCSR 09-13-2011REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 5.1. AGENDA SECTION MEETING DATE PREPARED BY Pla ~ Items Se tember 13, 2011 Jerem Barnhart, Pla ~ Mana er ITEM DESCRIPTION REVIEWED By Request by Janet Adams for Conditional Use Permit for Retreat Center (non-owner-occupied bed and breakfast), 931 Main REVIEWED BY Street, Case No. CU 11-16 Action Requested Approval of a Conditional Use Permit, subject to the conditions listed below: 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 building and fire codes. 3. Signage may be permitted, provided it is limited to one 4 sq. ft. wall sign and one freestanding sign (4 feet in height, and 8 square feet). Neither sign may be illuminated. 4. No more than 5 sleeping rooms for guest use. 5. All standards of conditional use shall be maintained in perpetuity. Location 931 Main Street Introduction In C-ctober 2008, the City Council granted a Conditional Use permit for Janet Adams, at this location, to operate a craft retreat business. The business would allow the home to transition from a residence to a structure that would house up to 12 customers with space for scrap booking, quilting, and other, similar crafting events. This business is not directly listed in the zoning ordinance, but based on interviews with the applicant, is very similar to a bed and breal~ast. Because Ms. Adams will not live in the home, a Conditional Use Permit for non-owner-occupied bed and breal~ast is required. That Conditional Use Permit expired on C-ctober, 2010. Ms. Adams is requesting a Conditional Use Permit identical to the one in 2008. Attachments • Location Map • Applicant's narrative Figure 11, Transportation Plan Case File: CU 11-16 Page 2 Janet Adams Scrapboolffng Zoning: R1(c) Land Use: OT (Old Town) Adjacent N- R 4 Adjacent N- OT Zoning: E - G2 Land Use: E - OT S - R1(c) S - OT W - R1(c) W - OT Site Area: Approximately .67 acres, or three lots 60 Day Rule: Action must be taken on this request by October 26, 2011 Overview The subject property currently includes atwo-story house. The applicants propose to offer the house to up to 12 clients for crafting, e.g. scrapbooking, quilting, etc. Five rooms would be used as sleeping quarters. This is consistent with the proposed ordinance text. The attached narrative goes into more detail relating to the proposed business. 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 tra~c 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. N:\Departments\CommimiryDevelopment\PLuuvng\Case Files\CUP\CU 11-16 Janet Adams\CU 101-16 Adams SR to PC 9-13-11.docx Case File: QJ 11-16 Janet Adams Scrapboolflng Page 3 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. 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 purpose of a Conditional Use is to allow adjacent, potentially affected property owners an opportunity to comment on a proposed use. Additionally, it allows a city to formally review these potential impacts, and re-inspect them over time, to ensure that these impacts are as described in the permit. At the public hearings for a proposed rezoning to a commercial use in 2008, the Plannirlg Commission and City Council heard comments related to use of the driveway from the adjacent property owner, the concern with loss of privacy into adjacent rear yards, and the overall concern with the expansion of the commercial area into the residential neighborhood, and its potential for noise, traffic, and light disruptions. The review of the proposed conditional use permit included these concerns: Parking: The ordinance requires one parking stall for each guest room, plus one for the employee. There are 2 garage stalls, and room for 6 additional cars along the garage. There appears to be adequate parking on site without the need for additional modifications. Access to the parking area will be via an existing easement on an adjacent property. While during the 2008 CUP review, concern was noted regarding the business use of the shared driveway, there has been no evidence provided that suggests that this easement does not permit a business use of the driveway. The attached site plan sketch shows the proposed parking area. Privacy: During the site inspection, it was noted that the adjacent properties to the south are quite a bit lower than the floor level of the subject property. An existing tree and shrub line provides definition between the subject property and these properties. No other screening is proposed or recommended, as the impact seems negligible, and the screening, to effectively screen from the upper level windows, would have to be 10+ feet height, inconsistent with the residential character sought to preserve. Use of the property: The bed and breakfast model is generally considered an appropriate transitional use between residential and commercial. Maili Street is classified a major collector by the City's transportation plan, meaning it is built and designed to accommodate commercial and residential traffic. N:\Departmnts\CommunityDevelopmrn\Planning\Case Files\CUP\CU 11-16 Janet Adams\CU 101-16 Adams SRto PC 9-13-11.docx Case File: CU 11-16 Page 4 Janet Adams Scrapbooldng The applicant does propose signage, near the front door and rear entrance. The signage is consistent with the ordinance. Action Motion by Second by Vote Follow Up N:\Departments\CommunityDevelopment\Planni ~\Case Files\CCJP\CCJ 11-16 Janet Adams\C[J 101-16 Adan~s SR to PC 9-13-11.do~ WV 5£'TT:B TTOZ/T/6'6mp-deW uoi\e~o~\swepy 7auef 9T-ST N\dN\sapj ase~\6muueld\luawdo~anaa pmnwwo~\s~uawuedad\:N Z O ~ O ~/ ;~~. .. ~~ ~ W Z ~~ !E i i r Li. s ~, . c lV L ~ ~~, y ~{,, x ~ ;~ ~~ (~ :~ To: Elk River City Council, Elk River Planning Commission From: Janet Adams Following is a description of the proposed business at 931 Main Street, Elk River, MN Proposal: The proposed business is a gathering place (retreat center) for quilting, scrapbooking, etc. The house will be rented to qualified clientele for a specific amount of time similar to a bed and breakfast. The clientele will bring their projects and personal items. The business will supply much of the necessary equipment to pursue these activities which could include ironing boards, irons, cricut machines, etc. • Maximum number of guests is 12 within 5 sleeping areas with a 2 night minimum stay. • Potential of being rented up to 46 weekends per year. Arrival times will be between 3:00 PM and 5:00 PM. Departure times will be between 11:00 AM and 1:00 PM. One day rentals may also be available between 10:00 AM and 10:00 PM. • The business will initially be operated by owner/family. In time, there will be a housekeeper and outdoor maintenance person/persons hired. • There are S parking spaces available which includes 2 garage stalls. A turn around area will be added which will simply require the removal of some existing plants and a basketball hoop. There will be no hard surfaces added that will compromise drainage for the neighbors. A parking plan is attached. • The exterior of the home will remain as it presently exists. There .are already bushes and trees located at the south or rear of the property and on the east property line. There would not appear to be any need for additional screening. If additional screening is deemed necessary, it would be done with shrubs and -trees to maintain the overall green effect of the area. • There will be no need for exterior building materials except for those needed over time for general maintenance. The exterior of the horns will remain as it presently exists with the exception of a discreet sign to identify the property. • There will be a maximum of 2 signs. One would be near the front entry of the house and would be approximately 3 feet x Z feet. There may also be one by the entry to the activity area that would be approximately 2 feet x 1 foot. The intent of the signs would be for identification and not to advertise or give the property a commercial appearance. • There is an existing outdoor storage unit located at the southeast earner of the property. It is camouflaged by shrubs and trees as it already exists. It will be used to store typical equipment needed for outdoor maintenance such as a lawnmower. The existing garage is oversized and will hold a residential size garbage can and recycling can. The shared driveway is an expressed concern, The tendency of retreaters is to remain at the retreat site with minimal coming and going. It is not expected that the driveway traffic would be any greater than if a family were in the house. Most arrivals and departures will be between the AM and PM heavier traffic times on Main Street. The driveway agreement in the property abstract is attached. The reason the property at 931 Main Street was chosen for this business is because of its aeees~ibility, itg old world charm, its existing floor plan and its proximity to the higtarie downtown Elk River. The target clientele is adult women who choose to pursue their artistic passion with their friends in a unique setting. The location of this property allows them to walk to restaurants, bakeries and shopping. It provides safe places to walk for exercise. It provides a scenic area tc enjoy the Mississippi River and the Elk River. Of course, greater Elk River will also benefit form the discretionary dollars they will bring to the area. This type of clientele tends to return l -2 times per year for 3-4 day stays. This proposed business will not compromise the integrity ofthe existing neighborhood as the exterior of the house will not change except for a discreet sign, The interior of the house will require minimal changes to accommodate its purpose; it will remain primarily intact to maintain it charm. The proposed business will operate very similar to a bed and breakfast establishment with one difference. The clientele will be cooking for themselves in a completely equipped kitchen or choosing catering or restaurants. Thank you for considering my request for a conditional use permit, I am hoping to become a successful business and an asset to Elk River. Janet Adams o' ` ` ~~ ~i~ ~ ,~' o~ ~~ c>~\ .~ ..{ ~- E Y~~A~i~ • Y O \~ zs~\ ~~ ~. ~~;~ a o~ ~~ 0 Y~ (~' 3 s, '+_. ~. ___ ..._.._._ __,~~~n_,.. r F `` ~. ~~ ~ ~ ~, O~ ~y ~ ~a v ~~ ° r~ %~ ~' Ld% a Y~ >~ =~ .~ _~ i i i f ©` 1 a I i ~~, ~'~~< ~ ! ~~ ~ t: ~~w ~~ ~ ~ ~ ~ t~ ~ ~ ~ t~ 0 9~ :~ ~ N t S ~1~ £.t d Fy' ;€Y .." ~~ ~1 lYE // S ( fe Y ~3 ~y Vi ,qY33+ ~' d ~~N E U' AB __c..___._..,_. _,.... i _,~_._..._ __ .__ ........ ........._..... t ®~ i ( q j'~ 9 / ~ t1 ~.Cs ~_ ~ .-.. ~ ~~ ~ ~-- i ~i J ~ ... ~ ~,a~ : ~ ~ lQy~ ~'~ ` ~ ~ ~~~ ~f ~~~~ ~ ~~ ~~ ~~ ~~_. 'Z.~i ~: ~.~ \e^'~'' ~^~ ~ ~ ~ 4 s'a ~ 1 ~ I c~~.: E~~ ` ~~_ _ t ~;, k`~ -4.s~' ~~ ~ ~N-s v -_----~n--- :. 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