Loading...
4.2 PCSR 10-27-2015 tkl Request for Action River To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Planning Items October 27, 2015 Zack Carlton,Planning Manager Item Description Reviewed by Request by Elk River Lodge and Suites, 17432 Zane Chris Leeseberg, Senior Planner Street, for the following: Reviewed by 4.2a Land Use Amendment to change the land use from FAST to Highway Business 4.2b Conditional Use Permit for Hotel Action Requested Evaluate the requests against the city adopted plans and regulations. Recommend,by motion, denial of the Land Use Amendment request for the following reason: 1. The proposed use is not consistent with the comprehensive plan. 2. The proposed use is not compatible with surrounding properties. Recommend, by motion, denial of the Conditional Use Permit request for the following reasons: 1. Criteria #2 is not met-The project is not consistent with the comprehensive plan. 2. Criteria #3 may not be met-A non-conforming land use could impede the normal and orderly development of the surrounding vacant properties as planned for in the adopted Comprehensive Plan. 3. Criteria #7 is not met—The building has had work completed without building permits and inspections have not been completed. Background/Discussion Case Nos. LU 15-07 and CU 15-17 The applicant is seeking approval of a Land Use Amendment and a Conditional Use Permit (CUP) to operate the existing Elk River Lodge and Suites property as an extended stay hotel. Zoning/Land Use The property received a CUP (CU 11-07) for operation as an extended stay motel in May 2011, after the original hotel CUP expired in April 2010. The property was operated under the CUP until an inspection by the State Fire Marshal's office on May 1, 2014, determined that the operation no longer met the requirements for a hotel. The use authorized by a CUP must be maintained without a break in use longer than six months or the permit will expire. On July 17, 2014, city staff notified the property owner of the need to maintain/re- establish the hotel use or risk losing the CUP. The hotel use was not re-established, and the CUP expired on November 1, 2014. P-OIEIEI II NATURE The building is currently in use as an apartment building,which is not a permitted or conditional use in the Highway Business (C-3) zoning district, and is classified as an illegal use. The city adopted an updated comprehensive plan in May 2014 where the land use designation for the parcel was changed to reflect the Focused Area Study (FAST). The FAST guides this, and adjacent parcels to the south, for high density residential uses.The residential guidance supports the current use as an apartment building,but requires a re-zoning (C-3 to R-4) to eliminate the illegal use status. A re- zoning application will also require submittal of updated building plans identifying the changes necessary to change the use from a hotel to an apartment building. Although the property has operated as a hotel in the past,updated transportation plans, changes to access along highway 10, and new city plans/studies may not support this type of use anymore. The FAST, through the Comprehensive Plan, recognized the limited access to the subject property and surrounding area and its unique access to the Mississippi River. Because of this, the subject property and surrounding areas were guided for uses that do not rely on access or visibility from the highway. Additionally, amending a single property in an area may impede the normal and orderly development as planned for in the adopted Comprehensive Plan. If the Planning Commission believes the proposed use is not with the comprehensive plan and long range vision for the area a recommendation of denial should be made. However,if it is the desire of the Planning Commission to change the land use of the subject property, then the Commission should recommend that the larger area within the FAST be reevaluated. Conditional Use Permit Building The applicant is proposing to utilize the entire building for the extended stay hotel use. The building was originally constructed as a hotel, and as the uses are the same, minimal changes are required to re- establish the use. However, submitted plans show a significant amount of work that has been completed without any building permits. City staff completed an inspection of the building after receiving an application for a rental license in May 2015 and identified a number of building code violations beyond the identified non-permitted work. Staff has made every effort to work with the building owner to address identified violations and complete inspections of the non-permitted work, but has been met with significant resistance on the part of the building owner. The building department does not have a record of any inspections or permits having been requested for the work highlighted on the attached plans. Regardless of the recommendation made by the Planning Commission, the property owner must receive building permits and complete the necessary inspections. Building permits and inspections are a crucial part of ensuring the safety of the residents and patrons of the business. Without authorization from the building owner to inspect the non-permitted work the city cannot guarantee the safety of the building. Transportation/Circulation/Parking The subject property has one access point onto the cul-de-sac at the end of Zane Street. The nearest access to the highway is at the 173`d Street/Hwy 10 intersection. This intersection only permits right in and right out movements and is scheduled to be closed when MnDOT completes future work along the N:\Departments\Community Development\Planning\Case Files\CUP\CU 15-17 Elk River Lodges\CU 15-17 sr PC ER Lodge 10-27-2015-£docx corridor. When this happens, traffic will be directed south along Yale Street to the traffic signal at 171st Ave and Hwy 10. There is adequate parking for a hotel use as the parking lot has not been altered since the building was constructed. Applicable Regulation 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, safey, morals, comfort, convenience or general welfare of the neighborhood or the city. There are three vacant parcels immediately south of the subject parcel, two small undeveloped parcels, and a vacant car dealership. Further south along Yale Street is a mix of residential and commercial uses. The proposed use will not detrimentally affect the use and enjoyment of properties in the immediate vicinity. 2. Will be consistent with the comprehensive plan. The project is not consistent with the comprehensive plan. The subject property has an underlying Land Use of High Density Housing/Riverfront Amenity (The Point) as defined in the City Council adopted Comprehensive Plan and the Focused Area Study (FAST). Planned uses include townhomes and apartments. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The four parcels,including this one, along Zane Street are guided for high density residential uses. Changing the current parcel to a commercial use may limit future opportunities for improvements of the surrounding vacant properties. 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 ystems,parks and schools;and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property is served by city water and sewer services. 5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons orpropery because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. The proposed use does not appear to involve activities that would be detrimental to surrounding properties. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As proposed, the project will not result in the destruction of any of these. No exterior modifications are proposed. 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 ciy. The building has had a significant amount of work completed without permits and inspections by the city's building department have not been authorized after numerous attempts by city N:\Departments\Community Development\Planning\Case Files\CUP\CU 15-17 Elk River Lodges\CU 15-17 sr PC ER Lodge 10-27-2015-f.docx staff. Building permits and inspections are required regardless of the Commission's recommendation. In reviewing the standards for issuance of a CUP,it does not appear the proposed use satisfies items two, three, and seven. 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 comply with the standards set forth in Section 30-654. Financial Impact None Attachments • Location Map • Applicants Narratives • Site Plan • Floor Plan N:\Departments\Community Development\Planning\Case Files\CUP\CU 15-17 Elk River Lodges\CU 15-17 sr PC ER Lodge 10-27-2015-f.docx — „ 44;14'1; 4,„ 3 11), „4;,;;,;;.., ;4; - ; ' ' • :4* • 4 ' ° ' ' / 4,, • 4114 /$ • "V" +1, ;446 .,•,' .44.„ , •.• •• • .444■• - ' , • • 1/4* , '404. . •••••.. IVA • •' • • 01" WI° tAf k • .2,4„:„ \ • - t • - ; : ' , ,`• • 44* ,•• 't• •, „ ,•• • ” • • •'• ' • • ;1•Z; O.. - ' ° tgibl „ i4 iiu Cu _ 7 Elk 1 5 - - River No Hotel Case - r Lodge Elk Rive CUP THE BRIGGS COMPANIES Project Narrative 17432 Zane Street NW Elk River, MN 55330 We are requesting that the Conditional Use Permit be renewed to operate 17432 Zane Street NW Elk River as a hotel and remain in effect for 2 years, until 2018.The building is operating as an extended stay hotel and will remain until the property can be rezoned to work within the guidelines of high density to be consistent with the City's Comprehensive Plan.The neighboring property to the east,owned by Sun Rae Apartments, LLC., and has agreed to sell or partner with Elk River Lodge to put up luxury market rate apartments. PROJECT NARRATIVE Regarding: 17354 Zane Street NW Big Tex Trailer World and Sun Rae Apartments LLC Proposal Requesting a 20 year Conditional Use Permit Short Term Goals: Get Saxon back in circulation, cared for and looking great for this entire area of Elk River. This can be accomplished by Big Tex Trailer World moving into the facility on a 20 year lease. Big Tex anticipates in that time frame that they will be grown out of the facility and will want to expand at that time. This allows Big Tex to come into the City of Elk River and establish their business in a great location and it gives Saxon the needed face lift to improve the looks of the area. It also eliminates the undesirable people that continue to break into the building and vandalize our area. To immediately take pressure off of Yale Street a parking lot can be provided similar to the overflow parking area that Sherburne County has put in. We would provide this parking lot between Napa and Keller Williams to get the cars off of the street,which would open up the road for a better flow. Big Tex would agree to use the right in right out whenever possible. This is a win-win for all area businesses,the town home owners,the clients at Elk River Lodge,The City of Elk River& Big Tex. Sun Rae Apartments LLC currently owns the land and former Saxon site. Hoping to expand Elk River Lodge and add luxury apartments to the area,which will occur within 3 years if Big Tex can occupy the current site. This follows perfectly with the FAST study which is a 25-30 year planning horizon within our Cities comprehensive plan that was approved by counsel on June 21, 2010. Long Term Goals: Within 20 years,Sun Rae Apartments LLC,who currently owns the Saxon site,would be ready to expand the area by adding additional luxury market rate and senior apartments,which again is right in line with the City's comprehensive plan for the area to be high density. In the event,that we cannot have a commercial user in the building to raise funds,we will seek investors for the project, however we do not currently have any options in that area right now. The area would develop at a much slower pace and while Elk River Lodge is expanded,the Saxon building and parking lot would just continue to sit vacant,which is not something that we all want to see. Elk River Lodge currently pays a client to watch over Saxon and clean up after the undesirables have ran sacked the property,which occurs on a weekly basis. The entire development of the Saxon property is a 10+year project. Putting Big Tex in now and allowing them to occupy the property eliminates all of the immediate issues with the building and the area,which in turn makes everything in our neighborhood much more desirable. I3003 ONIAtld WI111B 110130 dWVtl dtl]�ON VNO �3 9NIAtld ]NO] Om ua. y�y. I '1 it ri PI i ,,,,.. , _1, 1 �- ff. , f4 1 t -----,,,,. ,. \11 1 il oti,vr s`^o'*.,,,la oYf .yo �cio a,\.} p„a;aa, 1..,.,aL oval.$<S J,\C1,25 '41 ''°..j 1 NVId 3115 a•'rs hr,106 Mor,l) \ �, � \ O tip `Y . '\ \�\` \\ \ \ `\ ' 1 1 1 orws H \\ 11\ ��1 /r / ,y\\\\\ `1111 1� 1�1� 11• 01 \\\ x, t. -vs "� r�'y, o cr i .gyp v wv vv wv 1v\\\'t• Yg ."2” \\ \\ 'F `'' a ' ¢ a _ '' .e la +r1`\\\`111 I . 1 ■ Mil sor 66 pb''d'(h v v ;bra r .FA A"''J 'i f3§1 + OI dgAS ht b\, _ K� ,�11 Q i�1 f yt t £ ( �� 5 .�,o� \\\\ \ � u I 1111111 Tom ' J in:i ir.- Inutla'-'- \ 1 v , gi � \��c �g v� "' O' vr•�:1���I�i 111111• gggg R \ i"� .19..., ;•-k2i 11 \11\X, �, m 1�\111\ \ , \ VA v i.‘° 1A \VA 1A 1AA v\\\\\\‘. V11v 1 iii ' ''''\ / ‘,4'‘i \'\\\\\\\\\■\\\\\\S\\:‘4\1:,\,:s\\\;\\, Iii ji cNUaAau, �.,�.,o ".`7""".i»;.r�.i.w :.^;;s r...;:^ J•C 00' \ II y 4 1 ' f dl" °II 2111I 2oel Lo7 205 20?i .202 t01 Ioy1 Io$ } d Q ��I1.V. ill ` rim■! .'ti ' F _ LJ F it:ja- : � pill ,III n+��E.. r�r� Flit„ � J�'�> INF, ,lif i�� in • •.alb r I 0_1."_11.-l //,y.M b. .... I $6§' 111 SIT�� _ �,®IE-= Al J�.. ” �� _ too loz tog ?pCe 2D9- Iop LoP " I t 21 q, _ 3 i IMII. i gr 11 'SI _i A IL:Er ,IIII O' Ill L®a1a ‘'l 1 - ',.:ilril I ggigs ii 1 22 . 6 ll ... LS/ PT �.. K .1111111!111 theNii0iIIIIIIEW •N° FLOOR. /116N, I-• FLOOR „ 7 6N •lzv"F-SAO'M06 1.-11J1/tiON a`,. W/� NO TH (?rrcr\- tA,,,,.v re-b;,..ts,Sink a,,e),5+.y.� V o � �ELLOW. e.,0,n,.p clod∎aefetfd O F -J OI p^T" UNITG A5 R@VIrJW • ✓uNrry A,,-e',gooey t •O'N RliklEll GN TYPE Vfr = N 4GGU PANGY li-I y w, n.. -n ... J� A owl bLC fsF (7,A�t 3) 21,000 y�IFR_16�"+71r-4}7r7��� ��a�. 6F ���°-mac r>.���-„�ER rJ09t 5 6PRINKI.I/D WLYJ W/NO �t'.:7i'S-D•E?1 '1•� },' a 1' TOM., 4 I% bode 6Mce �' " r AGT1 M_.rJF I o1,4140 4•P J�QtSff�C7f'r�'G1r�i•>•� �7000PhNT3( I/.s2 str) 9b J rl�� 8 �� �' �E - EX 1-r PILOWIREP FI •.-:¢.xo ON Zm15 14,i+.-1e9Orn 801�aK9 <ocB. ��r--`iurrrvrimr-m... _t.-'-/ri^-mor—o � RECEIVED [, J ---ter,*-:ar>•�'�� ., ,/s-^�r'^-msr-x"t•�-_t�'��� OCr 06 2O15 •' 1