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7.3. SR 02-16-2016Elk River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings February 16, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Briggs Companies —17432 Zane St NW Cal Portner, City Administrator 7.3a Land Use Amendment to change the land use from FAST to Highway Business Reviewed by 7.3b Conditional Use Permit tooperate a hotel Action Requested Deny, by motion, 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. Deny, by motion, 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. Criteria #7 is not met — The proposed use does not meet the definition of a "hotel" as defined in city ordinance section 30-1. Background/Discussion Case Nos. LU 16-01 and CU 16-01 The applicant is seeking approval of a Land Use Amendment to change the designated land use from Focused Area Study (FAST) — The Point to Highway Business and a Conditional Use Permit (CUP) to operate an extended stay hotel on the existing Elk River Lodge and Suites property. Zoning The property, 17432 Zane St NW, received a CUP (CU 11-07) for operation as an extended stay hotel in May of 2011 due to expiration of the original hotel CUP in April of 2010. The property operated as a hotel per the requirements of the 2011 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 Fire Marshal's report states "At time of inspection attempt, upon contact with Marla of Briggs Company ... it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel Occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy." An R-2 occupancy is an apartment building per the state building code. Additionally, the Minnesota Department of Health, who licenses and inspects hotels, noted that during a routine inspection on May 14, 2014, and during a conversation with Marla from the Briggs Companies, that the establishment was being rented out as an apartment building and not used as a hotel. P'UWERf0 8C 1`4ATMRE With the termination of the hotel use on or before May 1, 2014, the six-month expiration time limit started. The use authorized by a CUP must be maintained without a break in use of longer than six months or the permit expires. 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. 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. Comprehensive Plan The city adopted an updated Comprehensive Plan in May of 2014 where the land use designation for the parcel was changed to reflect the FAST, which 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 (from C-3 to R-4/PUD) to remedy the illegal use status. A re -zoning application will also require submittal of a site plan review application and updated building plans identifying the changes necessary to modify the building 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 do not support this type of use. 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 (spot zoning) 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 consistent 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 to the City Council that the larger area within the FAST be reevaluated. 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 operated as such until the original CUP expired in 2010. The plans submitted with the 2011 CUP application did not identify any changes and establishment of a hotel was reauthorized. However, plans submitted with the current applications show that a significant amount of work has been completed inside of the building. City ordinance section 30-1 states: Hotel means any building orportion thereof where lodging is offered to transient guests for compensation and in avhich there are more than five sleeping rooms with no cooking facilities in individual dwelling units. Submitted plans show that eight units have been modified to include cooking facilities. If the Planning Commission recommends approval for a hotel at this location, the cooking facilities will need to be removed to meet city ordinances. Transportation/Circulation/Parking The subject property has one access point from the cul-de-sac at the end of Zane Street. The nearest access to the highway is at the 173rd Ave and Hwy 10 intersection. This intersection only permits right in and right out movements and is scheduled to be closed when planned work along the Hwy 10 corridor occurs. The timeline for construction has not been established, but will likely happen when the Yale Street extension and frontage road are constructed. When this happens, traffic will be directed further south along Yale Street to the traffic signal at 171" 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: WIN not endanger, injure or detrimentally affect the use and enjoyment of otberproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. There are three vacant parcels immediately south of the subject parcel, two undeveloped parcels, and a blighted property. 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. mill 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 adopted Comprehensive Plan and the FAST. Planned uses include townhomes and apartments. A land use amendment would need to be approved prior to approval of the CUP. 3. mill 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 and undeveloped properties. 4. mill be served adequately by and will not adversely affect essential public facilities and services in streets, police and fire protection, drainage, refuse disposal, water and server systems, 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. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons orpropero 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. mill not result in the destruction, loss or damage of a natural, scenic or bistorzc feature of major importance. As proposed, the project will not result in the destruction of any of these. No exterior modifications are proposed. 7. mill fully coVywith 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. The building will not fully comply with all other requirements of the code as the building has been modified since receiving initial and subsequent approvals to operate as a hotel. Modifications, including adding stoves and kitchen cabinets, have changed the use of the building to one that no longer meets the zoning ordinance for a hotel. 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. Planning Commission During the public hearing, representatives from the Briggs Companies spoke in support of their application and disputed information and ordinance interpretations provided by staff. Marla, representing The Briggs Companies, stated that due to a lack of support for the current applications, they are seeking input from the Planning Commission for a five-year Interim Use Permit to allow an extended stay hotel. The Commission agreed that an IUP may be a better option to accommodate their request. Pat Briggs discussed the long-term transportation plans for the Highway 10 corridor south of the 101/169/10 interchange. Staff stated that a firm timeline for implementation does not exist, and that future projects in the area are dependent on funding. Mr. Briggs also spoke to Commissioner Larson- Vito's comment that The Briggs Companies were, as recently as the day of the commission meeting, advertising the Elk River Lodge as apartments. He stated that the change had been made in anticipation of prior land use application approvals. Mr. Briggs cited the city's definition of hotel and disagreed with staff's interpretation that the definition meant none of the rooms were permitted to have cooking facilities. The interpretation provided by Mr. Briggs was that a minimum of five rooms could not have cooking facilities, but that the remaining had the potential. He noted the Elk River Lodge has 30+ rooms without cooking facilities, and felt the facility satisfied city ordinance. The Planning Commission supported staff's interpretation of the ordinance. The City Attorney was consulted after the meeting and also supported staff's interpretation. Mr. Briggs addressed John Gergen's State Fire Marshal's report dated May 1, 2014, which stated "At time of inspection attempt, upon contact with Marla of Briggs Company ... it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel Occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy." Marla stated that their database does not have a record of receiving a phone call from the State Fire Marshal's office and that the conversation did not happen. Commissioner Larson -Vito asked for confirmation that representatives from The Briggs Companies were asserting that statements included in the May 1, 2014, report were fabricated or inaccurate. Marla confirmed that assertion. Mr. Briggs later stated that the conversation between Marla and the Fire Marshal, as described in the report, "did not occur." Staff spoke with the city's Fire Marshal regarding those comments as he had previously stated he was with John Gergen while contact with The Briggs Companies was made. He confirmed that Mr. Gergen had a conversation with The Briggs Companies, that comments made by The Briggs Companies were repeated aloud, and that a conversation about converting to an apartment use did occur. Mr. Briggs closed by requesting support for an IUP allowing operation of an extended stay hotel for five years, and requested to have the fee and escrow waived. He stated that The Briggs Companies has paid for a number of applications related to this property, and felt that he should not have to pay again. The IUP is the sixth application submitted since August 31, 2015. Three of these applications were returned as incomplete and the checks were not deposited, the fourth application was withdrawn the day before the Planning Commission after having prepared the staff report and mailed public hearing notices, and the fifth is the current application(s) being reviewed. The Planning Commission unanimously recommended denial of the Land Use Amendment and the Conditional Use Permit request to operate a hotel in the C-3 zoning district. Financial Impact None Attachments ■ Location Map ■ Applicants Land Use Narrative ■ Applicants CUP Narrative ■ State Fire Marshal's Order dated May 1, 2014 ■ Email from Minnesota Department of Health ■ Letter to Pat Briggs dated July 17, 2014 ■ Letter to Pat Briggs dated August 10, 2015 ■ Conditional Use Permit CU 11-07 ■ Building Plans ■ Letters of Recommendation submitted by applicant ■ Staff memo reviewing the September 2, 2015, meeting between the City of Elk River and The Briggs Companies ■ Memo from Fire Marshal Cliff Anderson dated February 12, 2016 ■ Memo from Fire Prevention Specialist Jeff Smith dated February 12, 2016 J b . 0 z a) LO D THE BRIGGS COMPANIES Land Use Amendment - Project Narrative 17432 Zane Street NW Elk River, MN 55330 We are requesting that the property at 17432 Zane Street NW Elk River be used as Highway Business. The building is currently operating as an extended stay hotel and has been operating this way since 2011. See the existing conditional use permit on file. The comprehensive plan was approved within the last fiscal period and therefore we need a land use amendment. It is not consistent with the city's comprehensive plan, please reference the existing conditional use permit. To the west is a highway bridge and to the east there are two properties currently zoned commercial, one is an auto dealership and the other is a medical facility. Benefits to the City are that it allows the property to be occupied, management and maintenance by a local reputable real estate company (see attachments). THE BRIGGS COMPANIES Conditional Use Permit - Project Narrative 17432 Zane Street NW Elk River, MN 55330 We are requesting that the conditional use permit be honored to operate 17432 Zane Street NW Elk River as a hotel. The building is currently operating as an extended stay hotel and will remain a hotel until the property can be rezoned to work within the guidelines for high density to be consistent with the City's Comprehensive plan. The hours of operation are Monday — Friday gam — 4pm and will be staffed during those hours. We will have 1-4 employees at the site. There is no signage required for the site. There is no outside storage on the site. We are currently in contact with the MN Department of Health to have the lodging license reinstated. The neighboring property to the east, owned by Sun Rae Apartment, LLC., has agreed to sell or partner with Elk River Lodge to expand in the future to put up luxury market rate apartments. Insp. No.: 39419 t� _t State Fire Marshal Division Minnesota Department of Public Safety 444 Cedar St., Suite 145 St. Paul, MN 55101-5145 Pi- 1 84 Insp. Date: 5/1/2014 Date: 5/1 /20 Insp. Time: 2,00 1 Travel: 1,00 Inspector: Gergen, John W Occupied: 'Recommendations:ED Inspection and Compliance Orders Property: Elk River Inn & Suites _ ( 17432 Hwy 10 �,,7 rte..... t 1� Elk River, MN 55330 Contact: Contact Name/Phone: Pat Briggs 763-441-8554 Contact E-mail: pat@thebriggscompanies.com Property prone: 612-441-8554 Owneri- - Elk River-1=edge and Suites 11110 Industrial Circle, Suite E Elk River, MN 55330 Contact: contact Name/Phone: Kelly Anderson EXT 33 763-633-1080 Contact E-mail: Owner Phone: 763-633-1080 Agency Req.: O Scheduled: O Complaint: Q Permit/Plan Review: Q Owner Requested: O Inspector initiated: * Consultation: O Item # Ret # Code Section keys to Violation Correct Remarks Inspection Remarks: The mandated three year interval inspection was attempted on 511114. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN 55330 - 763-633-1080 it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy. Facility will be monitored by Elk River Fire Department for occupancy changes. Inspection attempt was in company of Elk River Fire Department Fire Marshal and Fire Inspector. Owner/Representative:) Pat Briggs -Briggs Company Inspector: John Gergen - (320) 654-0517 A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. ' Items that are a result of a recommendation do not require days to correct. Fire Department: Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Carlton, Zachary From: Maresh, Tyffani (MDH) <tyffani.maresh@state.mn.us> Sent: Thursday, January 07, 2016 1:57 PM To: Carlton, Zachary Subject: RE: Elk River Lodge and Suites Hi Zach, According to our system it appears the Briggs Company took over under Elk River Lodge and Suites, LLC on 11/19/2013. It was noted on 5/14/13 that they no longer need a lodging license through MDH. This was discovered during an routine inspection when I was informed from Marla with the Briggs Company that the establishment is being rented out as an apartment (renting for more than 7 days at a time). If any remodeling has occurred during the time the establishment has not been license through MDH and has been renting as apartments, we would require plan review (this will be determined during an onsite inspection prior to opening as a hotel/motel). If there has not been any remodeling done to the rooms then the establishment would need an operator present at all times during operation and would need to provided furniture, linens, etc in order for us to grant a license for a hotel/motel. Please let me know if you have any further questions or concerns. Thank you, Tyffani Maresh, RS Public Health Sanitarian Minnesota Department of Health 3333 West Division Street, Suite 212 St. Cloud, MN 56301-4557 email: Tyffani.Maresh (@state. mn.us From: Carlton, Zachary [mailto:zcarlton@ElkRiverMN.gov] Sent: Thursday, January 07, 2016 12:01 PM To: Maresh, Tyffani (MDH) <tvffani.maresh@state.mn.us> Subject: Elk River Lodge and Suites Tyffani, The letter from the State Fire Marshal's office stating they were told operations as a hotel had ceased is attached. Any information you can provide regarding their statements about changes in operation, timing, and what is required to be licensed as a hotel would be appreciated. Please let me know if you have any questions. Thank you for your help Zack Carlton I Planning Manager 763.635.1035 w 1763.635.1090 f 13065 Orono Parkway I Elk River I MN 155330 Elk -�-, River 13065 Orono Parkwav :Ik Rivcr, JIN 55330 July 17, 2014 Elk River Lodge & Res Suites LLC Attn: Patrick Briggs 19021 Freeport Street NW Suite 500 Elk River MN 55330 Elk River Lodge and Residential Suites Dear Mr. Briggs. VIA EMAIL: pat@thebriggscompanies.com The City recently received notice that the former Elk River Inn and Suites is no longer being operated as a hotel, and is being operated as an apartment building. An apartment building is not a permitted use in the C-3 zoning district. However, based on the Focused Area Study and the Comprehensive Plan, a rezoning to permit apartments is appropriate. I encourage you to formally submit an application to rezone the property to R-4, which allows apartment buildings as a permitted use. Please note that abandoning a use established by a Conditional Use (the hotel) will cause the Conditional Use Permit to expire after 6 months. Our records reflect that the property stopped being a hotel on May 1, 2014. Once expired, and with the property not rezoned, the use of the property will be considered illegal, non -conforming. I hope this information is helpful; please do not hesitate to contact me if you have any questions. I would be happy to visit with you in person if you feel that would be helpful I can be reached at 763/635-1034. Sincerely, 4�� 3t,5c�- Jeremy Barnhart, AICP Deputy Director, Community Operations and Development Cc: John Cunningham, Fire Chief Phone: 763.635.1000 Fax: 763.635.1090 www.ElkRiverNIN.gov P 0 W E R E 0 0 1 IA'A T U RE Oty Elk - - River 13065 Orono Parkway Elk River, N1N 55330 August 10, 2015 Elk River Lodge & Residential Suites LLC ATTN: Patrick Briggs 19021 Freeport Street NW Suite 500 Elk River, MN 55330 via email: pat@thebriggscompanies.com RE: 17432 Zane Street NW - Cease and Desist Order Dear Mr. Briggs: It has come to the city's attention that the former Elk River Lodge and Suites, located at 17432 Zane Street NW, is no longer being operated as a hotel, as previously authorized via Conditional Use Permit (CUP) CU 11-07. The current use as an apartment building is not an allowed use in the C-3 zoning district. Abandoning the approved use (a hotel) has caused the CUP to expire, effective six months from when the city received notice from the State fire Marshal's Office that hotel operations had ceased, May 1, 2014. The current use of the property as an apartment building is an illegal use which must cease and desist by August 19, 2015, or the city may pursue criminal and civil remedies. If you have any questions please contact me at 763.635.1035 or email at zcarlton@elkrivermn.gov. Sincerely, Zack Carlton Planning Manager cc: Peter Beck, City Attorney Scott Baumgartner, City Prosecutor Cal Portner, City Administrator T. John Cunningham, Fire Chief encl. Phone: 763.635.1000 www.EJkRiverMN.gov P�9NEBEo 9Y NAf--URE] office of the County Recorder Sherburne County, MN Doc. No. 732186 Certified, tiled, and/or recorded on 5/2712011 9:30 AM Michelle Ashe, County Recorder Deputy Fees $46.00 Document has not been entered 732186 1111111111111111111 In the Abstract Tract Index Sherburne qty Records{ STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE CONDITIONAL USE CITY OF ELK RIVER PROCEEDINGS In the matter of: Elk River Lodge Request: Conditional Use Permit for the operation of a hotel in the Highway Commercial Zoning District, Case No. CU 11-07 ORDER GRANTING CONDITIONAL USE Elk River Lodge and Suites LLC, Owner The above entitled matter came to be heard before the City Council on the 18th day of May, 2011, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Exhibit A IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 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 PERMITED. 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. AN EASEMENT SHALL BE PROVIDED THROUGH THE PROPERTY WHEN REQUESTED BY THE CITY TO ACCOMMODATE THE FUTURE TRAIL ALONG THE RIVER ANTICIPATED BY THE 171 ST FOCUSED AREA STUDY. SAID TRAIL SHALL BE ALONG THE SOUTHERN PROPERTY LINE AND THE EASTERN EDGE OF THE FLOODPLAIN OR OTHERWISE BE IN A MUTUALLY AGREED UPON LOCATION, AGREED UPON BY THE PARTIES, TAKING INTO ACCOUNT THE REASONABLE NEEDS OF THE OWNER. DATED this 181h day of April, 2011. n:\departments\comrnunity development\planning\case fiies\cup\cu 11-07 elk river lodge cup recording document.docx STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (G) months. �2 — %-017— MME Mon~ J my Bar rt Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the day of .Jf_, 2011. City of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this 'V6 day of , 2011. CAM EmtiEBt7W KAY HUEBNER NOTARY PUBLIC. MINNESOTA Aly Cort*lioa E*N JW S1, 2W5 if d 00 60d 0 n:\departments\community development\planning\case files\cup\cu 11-07 elk river lodge\cup recording document.docx Exhibit A TRACT A: THAT PART OF GOVT LOT 1 LYING NORTH OF THE SOUTH 830.55 FT THEREOF, SOUTHWESTERLY OF STATE OF MN RIGHT OF WAY & WEST OF A LINE BEARING NORTH 19 DEGREES 58 MINUTES 28 SECONDS WEST FROM A POINT ON THE NORTH LINE OF SAID SOUTH 830.55 FEET OF GOVT LOT DISTANCE 151.19 FEET WEST OF WESTERLY RIGHT OF WAY LINE OF US HWY 10 AS MEASURED ON AN ASSUMED BEARING OF WEST ALONG SAID NORTH LINE. TRACT B: THAT PART OF GOVT LOT 1 LYING NORTH OF SOUTH 830.55 FEET THEREOF, SOUTHWESTERLY OF STATE OF MN RIGHT OF WAY & EAST OF A LINE BEARING NORTH 19 DEGREE 58 MINUTES 27 SECONDS WEST FROM A POINT ON NORTH LINE OF SAID SOUTH 830.55 FT OF GOVT LOT 1 DISTANCE 151.19 FEET WEST OF WESTERLY RIGHT OF WAY LINE OF US HWY 10 AS MEASURED ON AN ASSUMED BEARING OF WEST ALONG NORTH LINE. SUBJECT TO ANY AND ALL EASEMENTS. ALL IN SECTION 3, TOWNSHIP 32, RANGE 26, SHERBURNE COUNTY, MINNESOTA. w\departments\com m unity development\punning\case tiles\cup\cu 11-07 elk river lodge\cup recording document.docx 431VUOda03Nl 3tl0 "s"�° aiow �rvo s� v Zob � S10311HOUV vio�xiwaoairis idosxv DJaM �H1 30W 'V SV'7Jf10U"e3« 3.xs�w.�xrwr.Ntxx �swx�s�wx ..xx xx �.x a3x.�xa s� �w��x x�,rx.,�ux�.x��, Y NONVNOdUOJ WONVNN VHINI 4 3 - I � I I 01 i �JF --------------- ----------------------__------ i) 'DNI IKIAIII X72 NOUVWdMO:) WIDNVNII VVINJ i) Od SNI IIaAIU WIS U31MId hS, Ag v! U. 16, _ ta o '§ I HIS . .... .... .... ..... ma nu Up Up un qu no Up, -stops to to 1. imp HE ON ON No NO No up PH PH PM :nog ---- ----- ---- ---- ---- ---- ---- ---- ---- ---- - W U11 No to "BE 11 11 11 11 11 11 11 1 14 i 9 9 9 9 9 9 i 9 9 % A A A : g 2 g Imu no no no in an in up no i MI 1: a 1E 11 n Hu am am so am to E Sa an .. . ... ... . ... ... ... . . m 1RI; 114 HE. U_ Lwh hu is imp. - H. 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U_ Lwh hu is 9 as]sa7r•:•, Ka�.s,z •°",••„<,°'KS053NNZN zocos:�«�,w n�m�,w.s M - .r'� 7Vd111�311H�Hd«o �\ 1 pNW 2I3AI2I NZ3 � N,a �,'.u�oW ws� � $ 3 !S o tl31W3tld �� D 8 � ruouvaodao� ivnruvNm vatw 5`"SFS Y Y 5 ffi s e Cyd„a ey sE i e �� 5 ffi� $ s xi �t r d s� J � at 3€ +JfilA l all ji P f�'a��liji�a{ � Ig$1�i$ $$i�l�$ii$'J�G•a �'�'� _ r1 t\ � City of Zimmerman 12980 Fr�mon- Avcmue� 47mmermall, JyJN 55398 May 9, 2005 TO Whom IL May Concern: RE: "The Pines of Zinarncrman" -- Briggs Prop„rties Telophine 763.056.46 ,b Fax 75.3-$36.4787 Briggs Properties constructed, owns and manages two 32 -Unit apartment buildi(m fil tkk city, kjio,r as Clip: Fines oCZimmeraaaan”. These apartrments are well ccnstruoled anal vuiu.marily excQed the City's design criEcrin for anultifamily structures. Architecttu•al tC'uttINS arc; al OV0 and kyond tho city -desired appe rances. The City is very p':ea<ed with the management of the properlies, inclurlia. t;icility Ind tesscc relations. To (ho best of our l:aiosvledgu, neither WO nur law e:tifoa cc:nent 113V0 experienced neg ative incidents c^at either location. We anxiously await the construct of Hri ;gs' third building in tiff., near futur(:. Plc.a;c: contact me at 76')-856.4666 ext. %,l with any questions or c ociceraas. Sinner, ly, CITY OF ZIMMEItMAN Randy Piasecki P lanr+cri Coordinator CITY OF BECKER 12060 SHERBURNE AVENUE PO Box 250 BECKER MN 55308 s PHONE: 761.261.4802 FAX: 763-2614411 May 9, 2005 To Whore It May Concent: Please consider this letter our recommendation for Briggs Properties, Inc. We worked extensively with them on a multi -family project in the City of Becker which included dealing with some existing unusual infrastructure circumstances and found them to be professional, ethical and efficient. During the course of this project, they met and exceeded all of the codes and -requirements set forth in a timely and thorough manner. Furthermore their property management capabilities after completion have been very commendable. We would not hesitate to consider their future developments in our city. If you have any questions regarding their project please feel free to call me at 763-261-4302. Sincerely, Kelli Neu, AICP Conununity Development Director DEO -09 -OE FRI 09;58 AIS FAX Q. P, 01 TIM BANK MerMer FDIC MAIN 5TIMT OFFICE - 630 Malit Street * Elk Itivcr, Mlti 55330 • [763j 441,1000 Dr-earnbo,r 1, 2005 Patrick and Carrie Briggs 19021 Freeport Ave, iSuitO 50013 Elk River, MN 55330 Re: Letter of Recommendation To Whom It May Concern: I h ave kno'+, n Patrick and Carrie Briggs for approximately 5 years. Throughout various business dealnias with Patrick and Carrie Briggs and their related entities, 1 have found then- actions thoughtful, professional and wc11 planned. Their entrepreneurial and visionary spirit has enhanced fhe local economics by creating new jobs, providing available housing, and a significantly improving the tax base to such cities as Becker, Big Lake, Zim.menwn, and Elk River. I would recommend that ywi consider Patrick and Carrie Briggs with any of your business endeavors. 5irrcerel h LeRoy lndcnfelser Assistant Vice President MAIN STREET e! SCHOOL STREET • OTSEGO ELK RIVER WAL,NIART •-XMPLE GROVEWAT.,MART 1hW9J1ieBni*ofEIkRiverxQm Hank@TheBgnkofl;iklZiver.col-t March 2007 To Whom It May Concern; Last summer I had the pleasure of meeting Pat Briggs. I need to tell you how. My two daughters and 1 were living in a house that we were renting. We were informed that the owner of the house was going to sell and he was going to accomplish this task by doing an auction. I was put up in limbo because i was unsure that if this were sold at this auction, would I still have a place to live. If I did not have a place to live, what was the time frame that 1 needed to be out by? If I did have a place to live (new owners continued it as a rental property), what was going to happen to my rent? I had had an agreement with the owner about my rent to keep it affordable for us, so I had a concern there as well. I was approached by a local business owner about their concern for my family and they recommended that I get in contact with Pat Briggs. They graciously contacted him for me and explained what was going on. I met Pat a few days later. I had never met him before and really did not know what to expect. At first I felt a little reserved because he was asking so many questions, almost like an interview, but more personal. I came to realize that he had a genuine concern about who I was and who my girls were. He cared and wanted to know how he could fit in to make this a positive experience. I believe that if it had come down to my family not being able to live there any longer, he would have tried to assist me in finding just as good of a place. If not better, Leading up to the sale, Pat and I had talked at great length about how this could be a win-win experience for both of us. i was fully aware that the idea of someone buying my home and allowing me to live in it at a great deal less in costs than what it costs to own it was like winning the lottery (odds aren't real good). I was fully aware that if he were not able to change my occupancy somehow, he would not be able to go forward with my ideal. Pat is an extremely smart businessman and visionary. We had talked about a number of different scenarios. What happened? My home was purchased the day of the auction and Pat did purchase it. He sold the home a short time later, with the understanding to the buyer, my occupancy. He made it very clear to the buyers of my situation and intentions for occupancy and he also drew up the lease agreement. Pat is a very genuine, personable and detailed person in everything he does. I was very blessed to have had the opportunity to meet this person because there are not a lot of people like him out there! Sincerely r � 1 Dawn L Doering L L .I I` EW EYE CLI Y1` 1,...� P A . ],-oR 4.1 P.O. V 5333.1 Optometrists: G. M. Moffat-(] O.i.7., F.A,A.0. Phonc: (763) 441-1055 R. J, Moss O.D. lux: (7 63) 441-70'Y May 22, 2007 To W]10n a It May Concern: Pat Briggs can make it liappen! 1 ani an optometrist, who was in 110Cd of a new optomctric clinic, I l(now where i wanted the clinic to be located artd a general idea. how it would lay out. 1 jL1st I,7ecded son-leonc to iacll) 1)7G 111a1Cc it happen, and Pat made it bappen. As you probably would know, this tyre of project is notlihig an optometrist would specialize in of-.feeI comfortable doin . fl ankfully, Pat ti� as someone I could trust to get the fob dobe right. If Iistcned to our needs so tha.t the prgjcot would be exactly as 1 entirisiojled and he m -7s there throughout the whirr process. lie lielped us secure the land for the building. Fle designed thte building to utilize the land most efficiently, He even lielpCd lis thfOLIgl3 tl)e fil-1,Mcing and interior design. We really Appreciated Pelt's ability to complete the whole project, Now I have an optonietrie clinic that is very modern and efficient. I arta very proud of this clinic kcause it was exactly as I eavisioned. All my thanks go to Pat, who made it all 1happe.n. Silaces-ely, Rodney J, Fless, O,D. n. ..�.....-.. w'•,. -.n � mi.L•.�.+T +..... a r..-.+s.�wwewsw+w....Y...W--��..r.--..-..a.re�..-..�.i.�.+r.- ,..i-,.rw.�..+.f �.w.....-..r �.e.•.�. . Cla;sey, Cont(1e1 Loutu, I'i/1'ost Ojoralil Care, 1QSACO, �' � l; i.�f•}Bill ik��'t�l:rfa�. �lrrr7'�i�;Y T & K APARTMENTS 36914 ELI{ AVENUE NORTH BRANCH, MN 55056 651-277-0334 August 24, 2009 RE: The Briggs Companies In January 2009 I had the honor of meeting the staff at The Briggs Companies. I was looking to purchase an investment property to add to my current real estate portfolio. Pat Briggs and Tim Kratzke spent several hours with my spouse and I showing us the properties they had for sale. Every property that was owned and operated by The Briggs Companies was immaculate. The properties that we looked at were in outstanding shape both inside and out. They were extremely clean and had a very professional appearance. You could tell as soon as walking into a building that The Briggs Companies takes a tremendous amount of pride in their properties and what they have to offer. In May of 2009 we purchased a Briggs Property located in Becker, Minnesota. Since our purchase I have continued to employ The Briggs Companies as the property management company for our investment. During this time I have had the additional pleasure of meeting the other staff at The Briggs Companies and have found every one of them to be of the extreme high quality that the company is. They have continued to manage our investment as if it were their own. Everyone is extremely professional and takes great pride in their work. We currently are working on expanding our real estate portfolio and are not considering any other properties other than a Briggs Property. I would recommend to anybody that is looking for an investment property to purchase, a commercial property to purchase or lease, or a property management company, to contact The Briggs Companies. I can assure you that they will be very happy that they did. I have been in the real estate business for 17 years and have never experienced an outstanding company like The Briggs Companies. Respectfully, Anthony Jackson Owner/President Ill Mando Deyel.opmeixt Inc. 3i.me 15, 2010 To Whom It May Concern: 1 have had the opportunity to work,NN th Briggs Companies for the past three years as a tenant in one of their properties, S have fo=d Pat Briggs and his staff to be pro£essiowl and ethical in their business dealings. They were always quick to respond to any issue we presented and follow through to an agreeable conclusion. Oven' thyears f got to know Pat on a more personal level and find him to be a genuine and hoAtst person. T can be contacted for f irther information as needed. Sincerely, Wilhara B_ Divine President Office Fax Email 952 470 9286 952 470 9288 bldivine@mrhsi.cornn 4935 Sussex Place Shorewood KN- 55331 September 3, 2015 Marla Weston Client Relations The Briggs Companies 19021 Freeport St NW, Suite #500 Elk River, MN 55330 Dear Ms. Weston: Thank you for taking the time to meet with city staff regarding the outstanding code and zoning violations pertaining to 17432 Zane St NW, Elk River (Elk River Lodge and Suites, LLC). Below is a summary of the discussion Wednesday and conclusions of fact: ■ The property is currently owned/operated by The Briggs Companies. You are an authorized agent of the company. ■ The property is currently occupied by one or more rental tenants; it is no longer being operated as a hotel. ■ The 2011 Conditional Use Permit for the operation of a hotel has expired since the authorized use of the property (hotel) has ceased. ■ There are a number of outstanding fire/life safety violations that have not been abated. ■ The Briggs Companies wishes to submit the appropriate applications to change the use from a hotel to an apartment building. As agreed upon by all of the parties at Wednesday's meeting, all outstanding fire/life safety violations must be abated by noon on Friday, September 4, 2015. Please contact the Fire & Building Safety Division (FABS) at 763.635.1060 to schedule a re -inspection prior to this date to confirm compliance with the following: ■ Production of a sprinkler system inspection/ certification record. ■ All emergency lighting is operational. ■ Removal of clothes washing appliances from the common area, which includes the removal/capping of the non -permitted gas lines (a permit must be secured through FABS for any gas work; permit will only be applicable to comply with this order). ■ Confirmation that a state electrical permit has been issued to bring into compliance outstanding electrical violations. ■ Holes in sheet rock (specifically the old vending machine areas) are appropriately patched. If you have any questions regarding the above items, please contact the Building Official, Bob Ruprecht, at 763.635.1066. 13073 Orono Parkway Elk River, MN 55330 763.635.1100 PV0WIRED sr AWREI www.FlkRiverMN.gov/Fire IN Additionally, The Briggs Companies must submit to the city by September 28, 2015, the following: • Complete Zone Change, Site Plan, and Land Use applications. • Architectural drawings identifying changes necessary for a change of use to an apartment building. • Site Plan showing parking, circulation, and building locations. • Grading/drainage plans and calculations are required for any new impervious surface areas. The September 28, 2015, date is the last date for submission of complete applications to be considered by the respective commission(s). Failure to submit complete plans and applications by that date demonstrates a lack of good will to operate lawfully and the subject property must be vacated immediately after that date of all tenants until the property is in full compliance with all city codes and state/federal laws. If you have any questions regarding the above items, please contact Planning Manager Zack Carlton at 763.635.1035. Thank you for your continued cooperation. Sincerely, r T. John Cunningham Fire Chief Cc: Pat Briggs, The Briggs Companies Cal Portner, City Administrator Bob Ruprecht, Building Official Zack Carlton, Planning Manager Jeff Smith, Inspector Cliff Anderson, Fire Marshal Peter Beck, City Attorney Memorandum To: T. John Cunningham, Fire Chief Zack Carlton, City Planner From: Cliff Anderson, Fire Marshal Date: February 12, 2016 Subject: Elk River Lodge and Residential Suites, 17432 Zane St. NW At 9 a.m. on May 1, 2014, Fire Prevention Specialist Jeff Smith and I accompanied Deputy State Fire Marshal John Gergen to 17432 Zane St NW, commonly known as Elk River Lodge and Residential Suites, for a re -inspection of the property. The state had started an inspection on this property on May 27, 2011. Fire Prevention Specialist Smith and I met Deputy State Fire Marshal Gergen at Elk River Fire Station # 1 and then drove separately to 17432 Zane St NW. The inside vestibule door was secured and we could see that the main desk was unoccupied. No one came to the door despite repeated knocking. Deputy State Fire Marshal Gergen then called the number he had listed for The Briggs Company. He made contact with an individual and he did say Marla's name in the conversation. He asked for access to the property but the person on the phone told him the structure was no longer a hotel/motel property and he would not get access at that time. Deputy State Fire Marshal Gergen ended the conversation by stating that he would change the classification of the property as rental property and close the file. Upon ending the call, he turned to us and stated it now was the city's responsibility for the inspection process. If you have any questions, please call me at 763.635.1110. Memorandum To: T. John Cunningham, Fire Chief Zack Carlton, Planning Manager From: Jeff Smith, Fire Prevention Specialist Date: February 12, 2016 Subject: 2014 inspection of 17432 Zane St NW I, Jeff Smith, was asked to accompany Deputy State Fire Marshal John Gergen and Elk River Fire Marshal Cliff Anderson on an inspection of 17432 Zane St NW on May 1, 2014. We had access to the vestibule where we discovered the interior door was locked. There was no attendant at the front desk to allow us access into the building. Fire Marshal Gergen then called the Briggs Company and spoke with an individual who stated facts that John passed along to Cliff and I. Fire Marshal Gergen stated that per the phone conversion the building was no longer being used as a hotel/motel and was an apartment building. He then stated that the change to an apartment made it our jurisdiction and the state would no longer be inspecting that property. dl skrl Ej)k THE BRIGGS COMPANIES 19021 Freeport Street Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: CR@thebriggscompanies.com February 2, 2016 Zachary Carlton City of Elk River 13065 Orono Parkway Elk River MN, 55330 RE: Elk River Lodge Dear Mr. Carlton, bL�-4fcc clic-No i'qr. &1,95s. This is in reference to the State Fire Marshal Division letter dated May 1, 2014. Ido not have any records in regards to an inspection attempt or records of a phone call with an inspector determining the use of the facility. Secondly, in reference to the email from Tyffani Maresh at the MDH dated January 7, 2016. At the meeting on May 14, 2014 there was a discussion about the building transitioning into an apartment building as those have been the long term plans for the building. It was not and has not been operated as an apartment building. Respectfully, Marla Weston Client Relations Insp.No.: 39419 State Fire Marshal Division 1 Minnesota Department of Public Safety Pne No.: RS-82184 Insp. Date: 14 Insp. Time: 2.00 Tra1.00 444 Cedar St., Suite 145 j Inspector. erW er Ggen, John W St. Paul, MN 55101-5145 Occupied: `Recommendations: � Inspection and Compliance Orders Property Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 Contact: contact Name/Phone: Marla Weston 763-633-1080 contact E-male cr(o),thebriggscompanies.com Property Phone: 763-633-1080 - Owner. Elk River Lodge and Residential Suites 19021 Freeport Street NW, Suite 500E Elk River, MN 55330 Contact: Contact Name/Phone: Marla 763-633-1080 Contact E-mail: Owner Phone: Agency Req.: O Scheduled: O Complaint:0 PermiuPlan Review: O owner Requested: O Inspector Initiated: Q Consultation: Q Item #I Ref# I Code I Section I Correct Violation Remarks m i. Inspection Remarks: The mandated three year interval inspection was attempted on 5/1/14. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN "Inspection report updated with new phone number and contact name per request by Marla" Thank you, Marla Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 Owner/Representative: Pat Briggs-Briggs Company John Gergen - (320) 654-0517 - Re-entered and corrected info per Inspector: Glen Bergstrand (2/11/2016) A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. . Items that are a result of a recommendation do not require days to correct. Fire Department: Licensing Agency. Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Client Relations From: Carlton, Zachary <zcarlton@ElkRiverMN.gov> Sent: Wednesday, December 30, 2015 9:31 AM To: Client Relations Subject: RE: Elk River Lodge Marla, I left you a voicemail about the applications and information required for submittal. We will accept the application until the end of the daytoday. Please contact me with any questions or to set up a time to meet. Zack Carlton I Planning Manager 763.635.1035 w 1763,635.1090 f 13065 Orono Parkway I Elk River I MN 155330 1"PH81 N"I'AITURVE1 From: Customer Relations[mailto:outlook_96A9B9B336B6A1E3@outlook.com] Sent: Tuesday, December 29, 2015 4:31 PM To: Carlton, Zachary Subject: Elk River Lodge Importance: High Hi Zach, I just got out of a meeting with Pat and the attorney. Our attorney told us that he received a voice mail from the City attorney Peter Beck yesterday after 3pm. Our attorney was not in his office until after 1:30 today, so he just got the message. Peter Beck stated, in his message, that we were supposed to contact you and you would help us to complete the applications and that our deadline is today by the end of day. Peter stated that we are supposed to complete the CUP application and comp plan application and that you have all required information for us to provide a complete applications. Is that correct? Can we get until the end of the day tomorrow, 12/30 to complete the application, based on just receiving this information? What time can I come and meet with you tomorrow to get it done. ?hankyoa, ,Varla Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Elk River Lodge and Suites Briggs Companies LU 16-01 & CU 16-01 City of Elk *( 0-i River ,4�>' 7$�dD3-9200 . ._ � . 751003 &4@3 75-00Gi,d�a;s • `' r TQ-GOIELLa - 75 -9wID 1 7�7�-0115 7�7 75 21-0110 75-002-3305 - 1—20 7�-�102I1d 1 75-T. T5-T33-01i5 75-704 420 5' Elk River Lodge and Suites Case No: LU 16-01 onditional UsePer it River C Y Background/Discussion ■ Request ■ Comprehensive Plan amendment ■ CUP to establish hotel ■ Property received a CUP for hotel in 2011 ■ Discontinued hotel use by May 1 , 2014 ■ Comprehensive plan adopted May 19, 2014 ■ Changed land use for property to HD residential ■ CUP expired November 1 , 2014 ` _ ssti3w =aly `. Background/Discussion ■ Owner informed of illegal use on August 10, 2015 ■ Series of applications since August 31 , 2015 ■ 6 application submittals ■ Current request to establish extended stay hotel ■ No proposed changes to interior or exterior of building. ■ 43 total units ■ 47 parking stalls required (1 per unit plus 4 employee) ■ Meets building codes for hotel Land Use — Comp. TheNorthsta� usmess � -' Point Existing 6u§mess park � , Open spaceJ a.Purpose. Point, ., enhancements Oy development,` y ' environment for High density residential .. ment is less than 3 �.. recreationalAdl , '7he Pinnae: 175th Avenin ,.,_,_,_Y,_„ Nearterm light � Kliever Marsh industrial and — � RBSllientlal: business bark -- ' � � �EXiSYi+;fir Long ter✓r corporate J res;rle+tial campus s=_ L Uses reflect current R-3 and R-4 zones .. Duplexes e Point: illside Heights: High Density Housing � �Urban hillside iverfrontamenity u housing • �. • u, 'Attached/stacked �- ' residential � 'Open space Public _ - conne��tion�s Single-family Elk RiverStation: Dwellings Hwy 69 ervice Commercial: - 'Existl�gresident;a Srrraii professional offee I Institutional srrlari service Station Area Village: 'Retail -r• ,�Vertical rnixed use `. Pedestrian enhahcements Townhomcs River West Residenfial: �Grpund leve!retinri `Existing residentiai i _ 'Housing buffered from tracks Si Office Village: I -- Updated transportationplans �, �, "Offieeshowroorn r Technology. • The Hinge; '-Lrght manufacturing changes, • new studies arc �Communitycornmercia!' sti • • • • retail and office j Integrate with wetlands ` "Development orients to new ' streets ; • C Easf Elk River Ga ay: Poten'�it20 Destination Reca;l ' +y,� Business Park: Temporary0estina�ion Reraif I- 'Eco-energy focus '-Housingaiongther7er i� -- -� 'Zp 'Potential ilspur Office/Corporation campus + 'Manufac r_irlg_ _ jExisting-RDF Plant: ~Road co vection could r . 'y +"Reinvention"for f�t�re come ea ier I",r4; � �Site design/!conic + �"' architecture FAST — Transportation Infrastructure Hillside Park ■ i Potential future frontage road gt:.,..,a Kllever Connection fr �M1, Marsh over Hwy. 169 connectingto Carson Street ` Investigate additional rail line crossing and extension of Future trail connection t—A 173rd.Avenue to Twin Lakes along river _ `" Parkway.Investigate grade Alternative overpasses , 3 tl ::s, separated rail crossing,either opportunities at 173rd.and 171st. _ at Twin Lakes Parkway or Avenues to support uses west of 173rd.Avenue Hwy 10/169.Investigate lowering Hwy 10/169 to facilitate overpass Elk River motion construction and reducing impacts of overpass rnpk'A�:; Create a north/south connection at l Potential future rail spur Yale l a\ Extension of Twin Lakes Parkway _ -_ \ Explore trail alignments along river or through Cargill property - � along the frontage road }' l \ Maintain contact points .! r Adjust road alignment for " �- `" °\ �L improved reel dimensions Future interchange �-+_----�---- r--- -. sT p pa All access closed °\ o Standard radius and design 165th avenue r�s�a speed converted to cul-de y __ ' sac � r\ RDF Plant i Extension of Twin Lakes Legend: \ Parkway to southern elk River border"Subregionai collector' - TRAFFIC SIGNAL ♦ �'-"—" -'� r n ---- Truektrarfie 65th.Ave. ROUNDABOUT Cargill FULL PARCEL ACCESS YouthAthletic PARTIAL PARCELACCESS Complex —� (RIGHT-IN/RIGHT. OUT) M= MEDIAN Future trail connection ,.� TRAILS along river �,.•.,,L SIDEWALKS Y NORTHSTAR STATION /j --- GATEWAY PROPERTY C fks.: CUP — Hotel Use ■ Hotel means any building orportion thereof where lodging is offered to transientguests for com�ensation and in which these are more tbanfive sleeking rooms with no cooing facilities in individual dwelling units. ■ Plans identify eight rooms with cooking facilities ■ Identified since approval from 2011 ■ Inspections on improvements (stoves, sinks, etc) completed late 2015. 103, ?lS, 213 211 Zoe 207 2�5 20�, 202 Zo IL U4 102 Zog ' 2DCo 2DeT- 21°jI°o 1— 117 d rig � I�2 ��G 224 1L _ l 7 �rl�=a r'+F+rAS �c 1L'sVl fiON�'., —N.pR^rh 1;N1'T".y rS� F�VI�P '• ✓ uN9-rs n=� �e�°,.1 J e9a� x* J Krm . rcc to a �a ro J Frvn�ww YY.Myf M.A.Ja 33] arpWNn. 34, 29' Waoee i,a ma 1e a,. mni.e ./ ku J kkk pdW W J rn e]z ]p ./ mrm � N r � \ I r .0 `N �\ 1 g N �\ N \t \11\\I 11}`Y11111 Yt \\kt 42 LMT MOTEL BLDG `r �''' ` r. Y \ 1 \ , , t Fitt f Et sats, r r � I\ \ t. Y 1 I \ % Y t , ` It �\`+ t\\\\\\ \\1 1 \\\`r , 1 \1 \ It Y ` �� 0 q \ Y \ tltltllyt, ', It \ •, , + tl � , ;} I y y t 11 t l 1 : } ` ' r F 1 I I Ilflli,'"� i f L- TFM I I _ . 4 y I y t 'r •� � � � � � , t ly t 1 t �I 1 11 I ` 4 4 9•I° \ `� �' tet/ i tI I SITE PLAN GRADING NOTE: I'.30-0• SEE SHEET Q FOR NOTES. C CUP Condition 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. ■ There are three vacant parcels immediately south of the subject parcel, two undeveloped parcels, and a blighted property. 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. C CUP Condition 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 adopted Comprehensive Plan and the FAST. Planned uses include townhomes and apartments. A Land Use amendment would need to be approved prior to approval of the CUP. C CUP Condition 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 and undeveloped properties. Future DeveLoPment FrameworK Pian 4� s r a LI i t' Legend: El --Fxlstkng Resltlanhal 55 AC J ■ Higher D—Ity `-- ------- _+_ 155 AC Resltleatlal ' F] 1-0 Canter 120 AC 5—i-/Commercial 35 AC ❑ Destination Retail 45AC ■ Temporary Destination 25 AC r Netail ry r ■ Jobs Area 245 AC I ! y ■rjLl lk� r�wc D n S ace pa 250 AC p _ ® TOTAL: 930 AC i J Gateway propeny \ � Nortnetar Comm�tat - ca. Future Interchange Location � � o os' eosrzoa C CUP Condition 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. ■ The property is served by city water and sewer services. C CUP Condition 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. ■ The proposed use does not appear to involve activities that would be detrimental to surrounding properties. C CUP Condition 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 . C CUP Condition 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. ■ The building will not fully comply with all other requirements of the Code as the building has been modified since receiving initial approvals to operate as a hotel . Modifications, including addition of stoves and sinks, have changed the use of the building to one that no longer meets the zoning ordinance fora hotel . 1 e Planning Commission ■ Commissioner Larson-Vito noted the facility was advertised as an apartment building. ■ Applicant stated that change was made in anticipation of previous land use approvals. ■ Discussed interpretation of the city's definition for hotels ■ Applicant identified hotels with cooking facilities. ■ Cities define hotels differently . b wWWI pY Planning Commis slop ■ Applicant stated the memo from the State Fire Marshal's office from May 1 , 2014, was fabricated and that the conversation never took place. ■ Memos from Fire Marshal and Fire Inspector support state ■ Asked for support for a five year IUP allowing an extended stay hotel ■ PC felt that may be a better approach, not sure about five years. ■ Unanimously recommended denial of both applications C Recommendation — Land Use Amendment ■ Deny, by motion, the Land Use Amendment for the following reasons: ■ The proposed use is not consistent with the comprehensive plan. ■ The proposed use is not compatible with surrounding properties. C Y fks, Recommendation — CUP ■ Deny, by motion, the Conditional Use Permit request for the following reasons: ■ Criteria #2 is not met - The project is not consistent with the comprehensive plan. ■ Criteria #3 is not 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. ■ Criteria #7 is not met — The proposed use does not meet the definition of a "hotel" as defined in city ordinance section 30-1 . • Application History ■ August 31, 2015 ZC 15-07 — Zone change application to residential — returned as incomplete — (no fees) ■ September 28, 2015 LU 15-07 & CU 15-17 — LU Amendment and Hotel CUP application — withdrawn on October 26, 2015 (fees/escrow used) ■ October 26, 2015 ZC 15-12 — Zone change to PUD (apartment) submitted and returned as incomplete (no fees) ■ December 1, 2015 ZC 15-13 — Zone Change request submitted and returned as incomplete (no fees) ■ December 28, 2015 LU 16-01 & CU 16-01 — LU Amendment and Hotel CUP application — PC recommended denial on January 26, 2016 (fees/escrow used) ■ January 26, 2016 CU 16-07 — application for 5 year IUP to operate extended stay hotel submitted