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RES 16-12Mai WHEREAS, Pat Briggs, Elk River Lodge and Residential Suites, ("Applicant"), has applied ("Application") for a Land Use Amendment (Case No. LS 16-01) to change the Comprehensive Plan guidance from FAST —The Point to Highway Business, and a Conditional Use Permit to operate a hotel (Case No. CU 16-01) for the property located at 17432 Zane Street NW; and WHEREAS, the record in this tatter shall 'include all of the materials subs-nittcd to the Plannln,gy Commission and City Council mi connection with the 0 December 29, 2015, ].,and Use Amendment application; and ® December 29, 2(015, Conditional Use Permit application; including the staff reports and all attachrrients thereto, all other written materials submitted to the planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the Land Use Amendment and Conditional Use Permit, all of which is incorporated in and made a part, of the findings of fact and this resolution; and WHEREAS, the Planning Cornmission held a public hearing on January 26, 2016, to receive testimom, and evidence from city staff, the Applicant and an), other persons regarding the Application; and WHEREAS, the Planning C omtission recommended denial of the Application; and WHEREAS, the City Council held a public hearing on February 16, 2016, to receive testimony p and evidence from city staff, the Applicant and any other persons regarding whether the Application should be approved; and WHEREAS, the Applicant and all others wishing to speak were given numerous opportunities to present testimony to the Planning Commission and City Council; and VN =XP 0 V 1 9 0 1 V AYT U6 �R E NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Pat Briggs for a Land Use Amendment and Conditional Use Permit to operate a hotel at 17432 Zane St NW. 715� 1 � IVII Al I 1Z " �* �,,; I 1. The parcel at 17432 Zane Street NW was issued a Conditional Use Permit to operate :as a hotel on May 18, 2011. 2. The hotel operation continued as a legal conforming use until a regular inspection from the State Fire Marshal's office on May 1, 2014, noted the building was no longer being operated as a hotel as authorized by the Conditional Use Permit, but as an apartment building. 3. On May 19, 2014, the City Council of the City of Elk River adopted an updated Comprehensive Plan. The plan changed the land use designation for 17432 Zane Street NW from commercial to high density residential uses. 4. On July 17, 2014, city staff sent a letter to the property owner which informed them the city was aware of the cessation of the hotel use and noted the need to re-establish the use or the Conditional Use Permit would expire. 5. On November 1, 2014, in accordance with Elk River City Ordinance section 30-656, the Conditional Use Permit authorizing a hotel use at 17432 Zane Street NW expired as the authorized use had ceased for six months. 6. During an inspection by the City's Fire and Building Safety department in the spring of 2015, staff identified a number of units within the building that had been modified to include cooking facilities (stoves). The city had not been aware of these changes during the previous Conditional Use Permit process. 7. On August 10, 2015, Elk River staff sent the property owner a cease and desist letter stating the need to cease the illegal apartment operation. 8. During the fall and winter of 2015 the Applicant submitted land use application packages on August 31, 2015, September 28, 2015, October 26, 2015, and December 1, 2015. All four submittals were returned as incomplete or withdrawn by the applicant. 9. On December 28, 201. _5, the Applicant submitted a I.,and Use Amendment application, Case No. LS 16-01, and Conditional Use Pernuit application, Case No. CU 16-01. The applications were deemed complete and scheduled for review by the Planning Commission and City Council. 10. Land I -Tse An-Aendinents are reviewed by the Planning Corni-nission and City Council and are evaluated based on the following criteria: a. What has changed to warrant the Land Use Change? (1) 1 low is the request consistent the City of Elk River Comprehensive flan? (2) Now compatible is it with surrounding properties? (3) That are the benefits to the cit),? 11. Conditional Use Permits are reviewed in accordance with the following criteria, as identified in section 30-654 of the Elk River City Code. (1) Will not endanger, injure or detrin-lentally affect the use and enjoyment of other property iia the in-unedlate vicillitV or II.te public health, safety, ri-ionds, comfort, convenience or general. welfare of the neighborhood or the city. (2) Will be consistent with the corn1--)i-chensIve plan. (3) Will not Impede the normal and orderly develo.)Pinent and irriprovement of surroUndl'ng vacant property. (4) V11.11 be served adequately by and will not adversely affect essential public facilities and services Including streets, police, and fire protection, drainage, refuse disix.)sal, water and sewer systems, parks and schools; and not, in particular, create traffic congestion or interi'crencC with traffic on adjacent and neighboring public thoroughfares. (5) Will not 111VOINC uses, activities, processes, materials, equipment and CC)ndltioiis of operation that will be detrimental to any, person,or property because of excessive traffic, noise, sn-loke, fumes, glare, odors, CiLlst Of vibrat.1011s. (6) W.11,1 not result In the deStrLICtion, loss or damage of a natural, scenic or historic feature of major importance. (7) Will fully coiripIN with all other reqUil-ClllelltS of this (,ode, including an, Y, applicable requirements and standards for the issuance of a license or permit trr establish and operate the proposed usc in the oty, 12, The I71k River Ciq ("ode defines hotels in section 30-1 as follows: Hotel means any building or portion thereof where lodging is offered to transient guests for or corripensation and in which there are more than five sleeping rooms with no cooking facilities in individual dwelling units. 13. 'rhe Planning Commission reviewed the Applications on januaryT 26, 2016. a. 'MeCommission voted 5-0-1.(("oin.ii-iissic)nerjohnsoii abstained) to deny the 'Land t-ise.Amcndment application based on the following: (1) 'Fhe proposed use is not consistent withthe comprehensive plan. (2) The proposed use is riot compatible with surrounding properties. b. The Commission voted 5-0-1 (Commissioner Johnson abstained) to deny the Conditional Use Permit application based on the following: (1) Criteria #2 is not met - The project is not consistent with the comprehensive plan. (2) 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. (3) Criteria #7 is not met — The proposed use does not meet the definition of a "hotel" as defined in city ordinance section 30-1. 14, On Fcbruary 16, 2016, the City Council reviewed the Application, and received additional testimony from the applicant. 15. The City Council concurs with the Planning Commission's recommendation and, based on the record generated Bil these Proceedings makes the following findings of fact related to the Land Use Amendment and Conditional Use Permit applications submitted by Applicant: a. The Land Use Amendment and the proposed use are not consistent with the Comprehensive Plan; b. The Land Use Amendment and the. proposed use are not compatible with surrounding properties; Without the Land Use Amendment, the Conditional Use Permit cannot be approved as the request is not consistent with the comprehensive plan, as required per criteria number two in section 30-654-, d. Approval of the Conditional Use Pelltnlit would impede the normal and orderly development and improvement of surrounding property, in accordance with item number three of section 30-654; and e. The proposed use does not satisfy criteria number seven of section 30-654, as the request is not consistent with the definition of hotel as defined in section 30-01 and therefore will not comply with all requirements of the code. 16. Taking into consideration a.11 of the testimony and evidence received, the City Council finds that the Applicant has not established that it has met the requirements for approval of a Land Use Amendment or Conditional Use Permit, and that it would not be in the public interest to approve the Application. Thcreforc, the City Council of the City of Elk River denies the Applications foi- -a Land Use Ati-ictidmcm and a Conditional Use PerlIlitat 17432 Zane St NW, based on the findings of fact set forth above. Passed and adopted this 7"' day of March, 2016, lo i letz, yor ATIT'ST': Tina Allarc;�Ity Clerk V To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings I January 26, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Briggs Companies request — 17432 Zane St NW 5Aa • Land Use Amendment to change the land use from FAST to Highway Business Chris Leeseberg, Senior Planner Reviewed by .5.1b Conditional Use Pert -nit to operate a hotel Action Requested Evaluate the requests against 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 proposed use does not meet the definition of a "hotel" as defined in city ordinance section 30-1. The applicant is seeking approval of a Land Use Amendment to change the designated land use from Focused Area Study (FAST) —Tlie Point to Highway Business and a Conditional Use Permit (CUP) to operate an eitended stay hotel on the existing l Ik 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 2011 due to expiration of the original hotel CUP in April 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 Nvith Maria 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. 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 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 die 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 an building orpwion tbeneof vbeiv lodging is offe7rd to transient guests for compensation and in irbieb thea air moir than five sleeping moms uith no cooking facilities in individual duelling units. Submitted plans show that eight units have been modified to include cooking facilities. If the Planning Coninlission recommends approval for a hotel at this location, the cooking facilities will need to be removed to meet city ordinances. Transportation / Circulation /Parldng The subject property has one -access point onto the cul-de-sac at the end of Zane Street. The nearest N:\Put>hc Bodies\Agenda P-ackets\03-07-2016\x4.6 ad a PC Staff Report.dom access to the highway is at the 173rd Ave and Hwv 10 intersection.This intersection only permits right in I I and right out movements and is scheduled to be closed when MnDOT completes future work along the Flwy 10 corridor. When this happens, trafficwill 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: lVill not enaanXer, injxne or detrimentally qftct the use and enilgitient of otberpnoeiin the iivwediate i4rin�ty PV or the public health, safely, 7iomls, comfort, convenience orgenewl vv�liv 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. W, W be consistent will) 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 (Tlic 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. Fill 170lip;pede Ibe noiwal and orderly development and impvpemenl of sun-ounding vacanlpropeitv. 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. WV/ lie served a&quateyl by and will not adveix4 affect essential public facilities and services ti. including streets, 'g police and-eproiection, draina Jh ge, i-efuse disposal, water andsewer systems, parks and selbools; and ivill not, in particular, create traffic congestion or inteifel-ence )j4tb tivftc on adjacent and nei ,glMoringpitblicibolm )fale-s 'gl . The property is served by city water and sewer services, 5. Iflill not involve uses, activities, processes, maleiiais, equipment and conditions of operation that V411 he detrimental to any persons orpi-opeqy because of excessive Ii-afic, noise, mloke, fumes, glare, odors, dust or vibi,ations. The proposed use does not appear to involve activities that would be detrimental to surrounding properties. 6. [Fill not result in the destinction, loss or damage of a natioul, scenic or histoiieftatuir of major impolyance. As proposed, the project will not result in the destruction of any of these. No exterior modifications are proposed. N:\PuhJJ(- Bodies\Agfl)da Rackets\03-07-2016\x4.6 alla PC Srntf Report.doex 7. Villfuljl comp# aitb all olber Yrquhmients of This Code, indu&ng any a p plicable reqvinements and standards for the ismance of a license or permit to establish and operate .the pipposed use in The do. 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 dernial 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 • Location Map ® Applicants Land Use Narrative • Applicants CUP Narrative ® State Fire Marshal's Letter dated May 1, 2014 • Email from Minnesota Department of Health ® Letter to Pat Briggs dated j my 17, 2014 Letter to Pat Briggs dated August 10, 2015 Conditional Use Permit CU 11-07 Building Plans Letters of Recommendation submitted by applicant N:\Pubbc Boches\Ageada Packets \03-07-2016\x4.6 atla PC Staff Report.docx To Item Number Mayor and City Council 17.3 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 7.3a Land Use Amendment to change the land use from FAST to Highway Business Cal Portner, City Administrator Reviewed by 7-3b Conditional Use Permit tooperate a hotel Action Requested Deny, by motion, the Land Use Amendment request for the following reason: I. 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: I. 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 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 arimispection 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 May14, 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. With the termination of the hotel use on or before May 1, 2014,1the 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 win 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 non -nal 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 Con-unission 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: ILa6d means any building orpodion thereof nhere lodging is offered to transient guesisfor compensation and in vbich their air moir thanfity sleoing moms aith no cooking jaaifies in individual duvIliti ,g units. Submitted plans show that eight =its 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/Parldng 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: WWI not endanger, iqluiv or delfimenlally affect The use and etyqyment of otherpivpeo in the immediate 1,iciuio or The public heallb, sqfe?)� morals, comfort, convenience orgenei-al'ueffiane of 11ye neighborhood or The do. 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. Tlie proposed use will not detrimentally affect the use andenjoyment of properties in the irmediate vicinity. 2. [Fill be consistenluilb the Compi-eheusire Plan. The project is not consistent with the Comprehensive Plan. The subject property has an underlying Land Use of I ligh Density I lousmig/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. Vill not impede the normal and orderly development and impivvemeni of sumoundbng mcant pnopeqy. 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 Err& future opportunities for improvements of the surrounding vacant and undeveloped properties. 4. Will be sem vd adequately liy and Ati/I not adrerse� affeel esswrialpubficfaaWes and services including smeets, police and -epivterfion, drainage, refuse disposal, avler and sewer, fill .9,stems, parks andschools; and v ill not, in particular, create Imfic congestion or into!farnce )j ith tinfir on a4laceni and nei ghboiiti ,gpubfir lbomughfairs. The property is served by city water and sewer services. 5. Weill not involve uses, activities, piveesses, materials; equipment and conditions of operation that 2till be detrimental to ambo persons orpi-opq! because of excessive tea c, noise, smoke, fumes, glare, odors, dust or tibnations. The proposed use does not appear to involve activities that would be detrimental to surrounding properties. 6. Wlill not irvilt in the destmaion, lore or damage of a naftoal, 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. bill fully coVyl mitb all other reqxhrmenls of this Code, including any applicable irquii-ements and standards for The ismance of a license or permit to establish and operate the proposed use in the do. 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 perinit 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 staffs 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 staffs interpretation of the ordinance. 'The City Attorney was consulted after the meeting and also supported staffs 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 Fire Marshal regarding those comments as he had previously stated he was with John Gergen while contact with'Ilie Briggs Companies was made. He confirmed that Mr, Gergen had a conversation with'T'lie 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 1UP 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, 2.,014 Email from Minnesota Department of Health 1.-& tter 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 Specialistjeff Smith dated February 12, 2016 TleR���IGGS COMPANIES 14�1111111110� 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 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 least, 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. irsp. No 394 19 Fite No. RS-82164 in p. Da- State Fire Marshal Division insp. Tj­ 200 Travek, 1,00 Minnesota Department of Public Safety �1­ Gergen, John W !ns!n 444 Cedar St., Suite 145 ccupied:� ✓ St, Paul, MN 55101-5145 'Reccmmendations:. Inspection and Compliance Orders Property: Elk River lnn & Suites 17432 Hwy 10 Elk River, MN 55330 Contact: Contact NarneMhone: Pat Briggs 763-441-8554 ContactE-malt: pat@thebriggseompanies.com Properly Phone; 612-441-8554 Owner: Elk River Ledger and Suites 11110 Industrial Circle, Suite E Elk River, MN 55330 Contact: Contact Name/Phone, Kelly Anderson EXT 33 763-633-1080 Contact E-Maji., Owner Phone: 763-633-1080 Agency Req.: 0 Scheduled: 0 complaint:0 ParmWPlan Review: 0 Owner Requested: 0 inspector Initiated: @ Consultation: 0 It ] Rai 0 Code Seeflan Vi"Hon Rernarkii; correel Ins pecii nRernarks:­'---­' The mandated three year interval inspection was attempted on 5/1/14. At time of inspection attempt, upon contact with Maria 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 Maria, all occupants are leasing a unit or multiple units tot 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: Pal Briggs-Briggs Company Inspector: John Gergen - (3 0) 654-0517 A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. iiems, inai are a resuff or a recommenctailion an 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 1157 PM To: Carlton, Zachary Sub*t: 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 11/19/2011 It was noted on 5/14/13 that they no longer need a liodging 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, N Public Health Sanitarian Minnesota Department of Health 333,3 West Division Street, Suite 212 St. Cloud, MN 56301-4557 email: From: Carlton, Zachary fmailto.-zcariton@ElkRiverMN.povI Sent: Thursday, January 07, 201612:01 PIM To: Maresh, Tyffan! (MDH) <tyffani.maresh@state.mn.us> Subject: Elk River Lodge and Suites Iryffani, 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 � 763.635.1090 f 13065 Orono Parkway I Elk River I IVIN 155330 I .' )1163 ( )rono I larkwav 1 11, Rit ur. MN 533) il"l 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 VIA, EMAIL: pat@thebriggseompanies.com Ile 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 RA 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 helpK- 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, Jeremy Barnhart, AICD Deputy Director, Community Operations and Development Cc: jolui Cunningham, Fire Chief Phone: 763.635.1000 Fax: 763.635.1090 v,-ww.ElkRiverMN.gov P: 0 V1 F R [ I 0f NATURE] 13065 Orono Parkw2y Elk Rivvr, MN 553,30 August 10, 2015 Elk River Lodge & Residential Suites LLC ATIN: 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 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(i�elkriivermn.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 ,vmr\v.E1kRiverNM.gov Do"'alkent, hFI's nort Iter op II the Awvzict lrzxt 1ptdes,' CITY OF ELK RIVER In the matter of: Flk River Lodge Office of the County Recorder Sherburne County, MN Doc. No.7321 86 Certified, fli ed,: andior recorded on 5/27/2011 9:30 AM CITY OF ELK RIVER CITY COUNCIL Request: Conditional Use Permit f'()r dic operation of a hotel in the I fighwav Commercial Zoning District, ('-.Ise No. CL' 11 -til ORDER GRANTING CONDITIONAL USE Elk River Lodge and Suites LLC, Owner The above entitled inatier came to be heard before the City Council on the 190, day of May, 2011, on a Petition for a Conditional Use pursuant to the City of F]h Ri��er Zoning Ordinance, for the following described property: See Attached Exhibit A 11' IS ORDFIRED that a Conditional Use he granted as upoii the following conditions or reasons: I AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALI. 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 REQUESTE D BY THE CITY TO ACCOMMODATE THE FUTURE TRAIL ALONG THE RIVER ANTICIPATED BY THE 171 ST FOCUSED AREA S'I`UDY. SAID TRAIL SHALL BE ALONG THE SOUTHFRN PROPERTY LINE ANT) 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. I )XIT'l ) this I 8th day of ikpril, 2011. r:\dcpartrnenls4community developmentkplanning%case Nes\cup\cu 11-07 elk river Wgc\cup recording docurnent,docx STATE OF MINNESOTA COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING W.W.-TO-00, ljcrcn-),, Barnhart, Planning N-Jariager for the ('in- of Flk River with and in tor said. Ory, do hereby certify that I h2ve compared flic° forcgoing copy and ( )rder granting a (:onditionil t?sc with the original record thereof preser-ved in my office, and ha\ e found tine ,ame to be n true transcript of HIC whole thereof. It the proposed work described in -a conditional LISC permit has riot been substantially completed within t\\,,o (2) years after its date of issuance., the permit shall expire and become void except that the (-"ouncil may, following recommendations of the Manning Commission, extend the permit for in additional period (itterIT11ned by the council on the reccipt of a request for at perinit extension prior to its cxpiradon, A ("ondidorial Usc permit authorize, only the use specified in the pernut and shall expire if, for any reason, the aLlthorived use ceases for more than six (6) 1-noriths ml, Br 'Tta 11, art Planning 1\4ariager IN Tl`.STINIONY I have hereunto subscribed my hand at Elk RIVer, in OW ("()Unit' Of ShCrbL1J-nC, in the City of Elk Rjvcr, on the '-j""/5 day of I ) R, X FH -'D BY,. (Jty of Flik Itiver Elk RivC3, NfiniesotA 55330 Signed before me a NOTRY PLIBLIC 0 12' , dais 7 - dal of 2011. n\departments\comrnunazy development\plinnir)g\casL, fHes\cup\cu 1-07 dk river lodge\cup <ecording document.docx TRACI A:T"HAT TART OF GOVTLOT I LYING NORTH OFTHE SO[ 9,118.10.55 FTTHERI�'.OF, S0UTfJ\VI--*1STF1RI -Y OF STzNTLOF NIN RIGI ITOFWAY & WEST 01"A LINEBEARING NORTH 19 DF.GREES, 58 MIN[ IT" ' ' ' S 28 StCONDS WEIST FRUM A PT PINT NORTH LINIF. OV SAID SO )l. 830-55 FEET OF(A)VT LOTIASlANCIF151.19 FEETWE'ST 01; WU"STIJUA RIGHT 01, WAY LINT: OFUS H\".'10 AS MEASURED ONAN.ASSUN114) BF"ARING OF WFSTALONG SAID NORTH LIN["., "I'R,,\("I'B:'I'H,\'I'P.,R'I'OF GON'T1.,01' I LYING NOIC11-1 OF SOUTH 830.55 11"f; " F J'HEREOI1, SOUTHWF'STIAZI YOFSTATFOF MN RIGHT OF WAY & IAISTOF A LINE BEARING NORTI 1 19 DI ?X;RFI`58 MINUTES 27 SFI'CONDS WFSTFROMA POINT ON NORTH I ANE OF SAID SOUTI I h30,55 FT01, GOVI I -0T1 DBTANCE 151.19 F*ELT WEST OF WESTFItLY R1GHTOF WAYLINF, 01" Us HWY 10 AS MEASURI -'D ON AN ASSUMED BF-ikRING OF WUST ALONG NORTH LIN F. SUBJ I �'ICTT() :ANY ANI) A H, EASEMENTS. A]J_ IN SLCTION 3,TOWNSHIP 32, RANGI? 26, SHI-IRBURNE COUN'n" MINNESOTA. n!\dopartments\comm unity development\p1anning\case files\cup\cu 11.07 elk river lodge\cup recording document,doCx ....... .. . .... 173lVUOdUOONI 3ow �._ �.... ems, a �,��a �, �exwA � G is T t2'.SOf7'+3N.CITTG. a�,�gyy ,'[ �'a �' n' v' NV ^y ••� v 1fiaAlld X112 ... 'vrara�aaa Y rxatwacaan� 7wiavwa vwrwu 1� I s Ell VI 7Eli,�( I CC � io i I 9 19 .w 19 77 ....... .... . li� ivIl ;111J1-111- - -1 -L, *0 E ---------- - . ...... 17 4g E: IL TF ...... . .. .. -1-1-1- - -- ..... . ... . . .. . ....... . .lZ ---- - ------- —�— - — --- I - ro fill M-1 -1-1-1- - -- ..... . ... . . .. . ....... . .lZ ---- - ------- —�— - — --- I - fill M-1 City Of Zimmerman 12980 Fremon. Avemic 7ilmmvrman, 11N 55398 M'L� 9,2005 To %V,Gftl It N111Y C00=11: RE, "The Pines of Zinimmnan" - Brig Prop-wties, Tel,�rh:)i-,c 763-356-4666 Fix 76,5-BS6-4787 Bris%s Properties constructed, owns and manages two 32-tiaitaptirtment buildiom in thN city, .1 D 411 know ns-hic ['dues orzimuncrmaj,", These ap.111nicrits art: %vcll construded in(] vrilunta6ly exed the City's design critcri.i for multifamily s:ructurvs. Arcli(ectlu'al (� Litores are 'above and beyond the city -desired appt,,uances. The City is very plea<ed with themmiagement ofthe properties, inclwJij-,'o facility 114611teuiluCo and lessee relations. To (ho best of our Liowledge, neither k -:e nor low enforcen-,on, have expo .Ienccd negative incidents rat either locatim. We anxiously await the cmitiuct third building in the near future. Plc:Ma contact me at 76-33-956.4666 ext. 24 with oily cutassticans or co'lcellls. Sincer,-,ly, CITY OF ZIMMERMAN Rindy flaseck! I'lanner/Coord;nitor May 9, 2005 To Viom It May Concern: 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 infrastraettire cb-cumstances aild found them to be professional, ethical and efficient. During the course of this prqject, flicy met and exceeded all of the codes and requirements set forth in a timely and thorough manner. Furtberinore 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 Yegardhig their project please feel free to call me at 763-261-4302. Sincerely, Kelli Neu, AJCP Community Dcvtlopment Director DEC -09-0E FRI 09;59 AN FAX NR P, 01 WT�HE13ANK or FLic RjRmR Member FDIC NIAIN IMPE,T OFFICE - 630-MaIn 5ireLt o Elk lUm, MN 55330 5 (763) 441.10DD Deemnber 1, 2005 Patrick and Carrie Briggs 19021 Freeport Ave, Suita# 50013 Elk River, M N 55330 Re: Lotter of Recon mendation To Whom It May Concern,. I have knowb Patrick and Czxric Briggs for approximatcly 5 years. Throughout various business dealiligs with Patrick and Carrie Briggs and their related entities, I have found their actions thoughtfW, profie"lonal and well planned. 7b;,.,i-r entrepreneurial and vislonaty spirit bas enhanced the local economics by creating new jobs, providing available housing, and a significantly improving the tax base to such cities as Becker, Big, Lake, Zimmcnwn, And Elk River, I would re-comniend that yoD c*nsider Pallick and Carrie Briggs with any of yovr business endeavors, sinaerel �two� - LeRoyrindocn, fels e,r Assistant Vice President MAIN STREET6, SCHOOL STREET - OTSEGO ELK RIVER WALMART -:MAVLr,. GROVE WATMART w%&Yw-T1ie%Ranko1E1kRlveYxom BiiikCn'TheBinkot9lkl?iver.coi-n 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 I 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 I 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 )at of people like him out there! Sincerely — Dawn L Doering I ELICRIVER EYE CLINIC,,PA. I" PS). Boh 41 A River, MN 55330 Ii "M4Uptu�rd��lri its: HoffFAAA Phonc: (7703'9 4,11-105 R, J, 9. Ncss� Oard.DO,D (6,3) 441-70',,4 May 22, 2007 TO W110111 It May Concern: Pat Briggs can make it liappen! I am an optometrist, who was ill flecd of liew optonictric clinic, I know Miere I wanted the clinic to be located mid a general idea ]low it would lay out. I i list needed someone to help me mako it likippen, Md Piet Made it happen. As you probably would know, this type of project is nothing an optometrist would specialize in or.ficel colilf"Ortable doing. Thankfully, Pat w,.as someone I couk] trust to got the joie lotto riglit, 11c listened to our neccls so Haat the project would be exactly as I envisioned and lie mis fliere tbroughout the entire; process. He helped us secure the haled for the building. He flosigned the bailding to UtiliZe the land most efficicntly, He even helped us t1irougli the finincing and interior design, We really appreJatcd Pat's ability to complete the whole project. Now I 11,avc an optometric Clinic that Is VCFY Illode"j, -Md efficicnt- I am very proud of this clinic because it was erectly I envisioned. All my tlaanlcs go to Pat, vdic, mado it id] liappon, , Sincercly, Rodney I Fless, OD. E,4anllnxjonsa 61,isscs, Con1cm Lusc,,s, Caro, I-Ofik, T & K APARTMENTS 16914 ELK AVENUE NORTH BRANCH, MN 55056 651-277-0334 August 24, 2009 RE: The Briggs Companies In January 2009 1 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 Kratzkc spent several hours with my spouse and I showing us the properties they had for sale. Every property that was owned and operated by Tile 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 cornpany 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 arc 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 properly management company, to contact The Briggs Companies. I can assurey ou 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 ,.I MD1 Mando DeN'elopmeiit Inc. R.Me 152010 I have had the opportunity to work vkith Briggs Companies for the past three years as a tenant in one of their properties, I have found Pat Briggs and his staff to be professional and ethical in their business dealings. They were EtlwM quick, to respond to any issue, we presented and follow through to an agreeable conclusioxL riryears I got to Imo Pat on a more personal level and find him to be a genuine Ove and 11tist person. I can be contacted for finther inforination as needc& Sincerely, William B- Divine Nesi dent Office Fax Ema 9524709286 9524709288 blcUNine@mchsi,co. 493.5 Sussex Place Shorewmd nN, 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 cit.), staff regarding the outstanding code and zoning violations pertaining to 17432 Zane St NW, Elk River (Elk River Lodge and Suites, LLQ. 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. a 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 & Budding Safety Division (FABS) at 763.635.1060 to schedule a re -inspection prior to this date to confirm compliance with the following: a Production of a sprinkler system inspection/certification record. a 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). a Confirmation that a state electrical permit has been issued to bring into compliance outstanding electrical violations. 0 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 INATMEI v,-xNv,E,JkRiverTNP.gov/Fire Additionally, The Brig 9 s 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/draiage plans and calculations are required for any new impesious surface areas. The September 28, 2015, date is the last date for submission of complete applications to be considered by the respective commission(s). Failurc 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. '17hank you for your continued cooperation. Sincerely, Now-" amp T. John Cunningham Fire Chief Cc: Pat Briggs, The Briggs Companies Cal Pormer, City Administrator Bob Ruprecht, Building Official Zack Carlton, Planning Manager Jeff Smith, Inspector Cliff Anderson, Fire Marshal Peter Beck, City Attorney 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. NXX7 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 #I 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'Ibe 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 StI-LICtUTe, 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 lie 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 the at 763.635.1110, 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 1, Jeff Smith, was asked to accompany Deputy State Fire Marshal John Gergen and Elk River Fire Marshal CliffAnderson 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 1. 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. 19021 Freeport Street Ste 500E Elk River, MN 55330 PH: 763-633-1080 FaxW 763-633-1430 Email: CR@thebriggscompanies.00m February 2, 2016 Zachary Carlton City of Elk River 13065 Orono Parkway Elk River MN, 55330 wa��= Dear Mr. Carlton, This is in reference to the State Fire Marshal Division letter dated May 11, 2014. 1 do 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. RespectfuVy, Marla Weston Client Relations InTp- -No.- 39419 State Fire Marshal Division 61--No -R - 82184 Insp, Date! 611/2014 1.D0 Minnesota Department of Public Safety Time: Insp. 2.00 Travel:' 444 Cedar St., Suite 145 St. Paul, MN 55101-5145 Inspector. Gergen, John W Occupied:j 'Reco mmendatons': Inspection and Compliance Orders Property: Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 contact; ContactNametFtone: Marla Weston 763-633-1080 Contact E-rnalL cr(d)thebrig(Iscomparijes.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 NamelPhone: Marla 763-633-1080 Contact E-mail: owner Phone. Agency Req.: 0 Scheduled: 0 Complaint 0 Permil/Plan Review: 0 owner Requested; C inspector inftiated°: Consultation: 0 D11,11IO it.. X! Rd 0 V Cod, Y section Lct Violation Rewria; tnspection Remaft---- 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 Maria:' Thank you, Marla Client Relations The Briggs Companies 19021 Freeport Street, Ste 600E Elk River, MN 55330 . . . .. ......... OwnerlRepresentative- Pat Briggs-Briggs Company John Gergen - (320) 654-0517 - Re-entered and corrected info per lnspector° Glen Bergstrand (2111/2016) 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 recommendaton (Io not require (lays to correct. Fire Department Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Client Relations From: Carlton, Zachary <zcarIton@EIkRiverMN.9oV> Sent: Wednesday, December 30, 2015 931 AM To: Client Relations Subject: RE: Elk River Lodge Marla, I left You a voicerrmil about the applications and information required for submittal. 'We 'wiIl accept the application until the end of the day today. Please contact me with any questions or to set LIP a tine to meet. Zack Carlton I Planning Manager 763.635.1035 w 1 763.635A090 f 13065 Orono Parkway I Elk River) IVIN 155330 4 El NATUREJ RiVer I From: Customer Relations [mailto�:outlook-96A969B336B6AIE39outlock.com] Sent: Tuesday, December 29, 2015 4:31 RM To: Carlton, Zachary Subject. Elk River Lodge Importance: High Hi Tach, 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 Spm. Our attorney was not in his office until after 130 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 urW 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. Thankyou, ✓TlarLl Client Relatiors The Briggs Companies 19021 Freeport Street. 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