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7.7. SR 03-21-2016City of Elk — River Request for Action To Item Number Mayor and City Council 7.7 Agenda Section Meeting Date Prepared by Public Hearings March 21, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Briggs Companies Request — 17432 Zane St. NW, Chris Leeseberg, Senior Planner Interim Use Permit for Extended Stay Hotel Reviewed by Cal Portner, City Administrator Action Requested The Planning Commission recommendation is to approve, by motion, the five-year Interim Use Permit request with the following conditions: 1. Submittal of applicable land use and site plan review applications by March 21, 2017. 2. Submittal of complete building permit applications by March 21, 2019. 3. The property shall apply for and receive a rental license from the city and conform to inspection requirements of the permit. 4. If the authorized use ceases for more than six months, the Interim Use Permit shall expire. 5. The Interim Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before any construction may begin. 6. The building shall meet all building and fire codes. 7. The Interim Use Permit shall expire on March 21, 2021. 8. No extensions or modifications to the Interim Use Permit shall be granted. The city staff recommendation is direction, by motion, to prepare a resolution making Finding of Fact and denying the Interim Use Permit request for the following reasons: 1. Criteria #4 is not met — The date or event that will terminate the use cannot be identified with certainty. 2. Criteria #7 is not met — Assurances that the use will cease within the requested timeframe have not been provided. Background/Discussion Case No. CU 16-07 The applicant is seeking approval of an Interim Use Permit (IUP) to operate an extended stay hotel on the existing Elk River Lodge and Suites property. Zoning Due to the expiration of the original hotel Conditional Use Permit (CUP) in April of 2010, the property at 17432 Zane St. NW received a CUP (CU 11-07) to operate as an extended stay hotel in May of 2011. 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 av6 Marla of Briggs Company it was determined that the facility is no longer being occupied as an R-> HotellMotel Occupancy. Per Marla, all P 0 x E R E U a r NaA f RE] occupants are leasing a unit or multiple units forgreater 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 Weston 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 CUP 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. Hotels are a conditional use in the C-3 district, but the building does not meet the city's definition of a hotel as it has cooking facilities in eight of the units. By applying for an IUP, which may allow for similar uses to temporarily deviate from the zoning ordinance, the applicant is seeking to operate as an extended stay hotel with cooking facilities. 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 Focused Area Study (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 the structure does not meet zoning or building codes to legally operate as such. To re-establish a legal status, the applicant has requested to operate under an IUP for a period of five years, at which time they will have converted the site to an approved apartment building. In order to establish the apartment use, the owner needs additional time to prepare plans, acquire property, and secure funding prior to seeking formal approval. 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 April of 2010. The plans submitted with the 2011 CUP application did not identify any changes and establishment of a hotel was reauthorized. City ordinance section 30-1 states: Hotel means any building orportion thereof avhere lodging is offered to transient guests for compensation and in avhich there are more than five sleeping rooms with no cooking facilities in in davelling units. Submitted plans show that eight units have been modified to include cooking facilities meaning the building cannot operate as a `hotel' under the city's ordinance. The IUP may provide the applicant with an opportunity to deviate slightly from this requirement. Transportation/Circulation/Parking The subject property has one access point onto the cul-de-sac at the end of Zane Street. The nearest access to the highway is at the 173rd Ave and Hwy. 10 intersection. This intersection only permits right - in and right -out movements and is scheduled to be closed when MnDOT completes future work along the Hwy. 10 corridor. When this happens, traffic will be directed further south along Yale Street to the traffic signal at 1715` Ave and Hwy. 10. N:\Public Bodies\Agenda Packets\03-21-2016\0.7 sr Briggs IUP.docx 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 an Interim Use Permit can be ordered only if the use at the proposed location: (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacentproperties. The applicant owns the adjacent properties and plans to incorporate them into a larger multi- family development project in the future. The applicant has requested a five-year IUP. The time period will not adversely impact adjacent properties. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The property will essentially continue to operate as it does today. Plans include improving the property during the IUP timeframe to establish an apartment building. This is consistent with the comprehensive plan. The property will be left in suitable condition after the use is terminated. (3) The use is similar to uses allowed in the Zoning district in which the property is located. The use is similar to those allowed in the zoning district. Hotels are a conditional use and the change from the allowed use is the inclusion of cooking facilities. The intent is, within the requested five year IUP time frame, to convert the building to an apartment building, which reflects the desire of the comprehensive plan. (4) The date or event that will terminate the use can be identified with certainty. It is difficult to confidently identify the date the transition to an apartment building will occur. The applicant has requested five years, but has been operating under essentially the same conditions since stating their desire to operate as an apartment in early 2014. Improvements or changes necessary to make that change in use have not been identified. If the City Council makes a recommendation to approve, a discussion about the requested time frame should occur. (5) Authorising the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The use will not impose additional costs to the public. (6) The applicant and user agree to all conditions that the city council deems appropriate for authori.Zation of the interim use. Staff has made a recommendation of denial. However, if the City Council approves the request, specific conditions related to operations, the requested timeframe, and inspections should be discussed and added as necessary. (7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount wab the city, orprovide some other form of security, to ensure compliance with this criteria. Assurance that the use will terminate within the requested timeframe have not been provided. The property has operated since May 1, 2014, under a stated desire to operate as an apartment building, the same desire stated in the applicants memo, but improvements to change the use have not been identified. If a decision to approve the IUP is made, the possibility of a cash escrow can be recommended to the City Council. (8) Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. The use will not result in adverse effects on the health, safety, and welfare of the public. N:\Public Bodies\Agenda Packets\03-21-2016\0.7 sr Briggs IUP.docx (9) The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's honing regulations. The proposed use and desire to operate as an apartment building are consistent with the comprehensive plan. If the applicant completes the desired transition to an apartment building, it will meet the city's comprehensive plan. The IUP standards review for issuance indicates the proposed use satisfies items #4 and #7. 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 30-658. Planning Commission During the public hearing the applicant reviewed existing projects completed within Zimmerman, Big Lake, and Elk River. He discussed his long-term plans for the Elk River Lodge and surrounding properties, including proposal of a 60 -unit apartment building. He reviewed the time required to prepare for and complete a project of this size and stated that five years is an appropriate amount of time to complete to necessary work. The Commission discussed including benchmarks to measure progress as conditions for approval. The applicant stated appropriate benchmarks could be a redevelopment application within 12 months, and a building permit application within 36 months. Additionally, the applicant noted that all occupants have 30 -day contracts and that if he was not able to meet all conditions of the IUP, the city had the authority to cease the operation and that the 30 -day contracts ensured leases would not be broken as a result. The Planning Commission recommended approval of the five-year IUP with benchmark conditions and that IUP extensions would not be granted. The motion passed 3-1-1. Commissioner Theil opposed and Commissioner Johnson abstained. Since the Planning Commission meeting, the applicant has spoken with city staff and requested the benchmark conditions require submittal of a land use or building permit within 48 months instead of the timeframe discussed during the meeting. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Original State Fire Marshal's Letter dated May 1, 2014 ■ Updated State Fire Marshal's Letter received February 18, 2016 ■ Email from Minnesota Department of Health ■ Letter to Pat Briggs dated July 17, 2014 ■ Letter to Pat Briggs dated August 10, 2015 ■ Memo to Briggs Companies summarizing September 2, 2015, discussion ■ Conditional Use Permit CU 11-07 ■ Building Plans N:\Public Bodies\Agenda Packets\03-21-2016\0.7 sr Briggs IUP.docx s �7 7,10-0 10 S d�# A rT _r 4-4-01W aV, 740-011+6 75-7 ti �W s� + ,y 75 2 y ,w Ar -At{ 's 10 O Elk River Lodge and Suites Interim Use Permit Case No: CU 16-07 EiL4 - E1 �. 1i+erT Interim Use Permit 2016 — Elk River Lodge Elk River Lodge is requesting this IUP for 5 years. Elk River Lodge will continue to be operated as an extended stay property with clients staying a minimum of 30 days, which is how we have operated the building since 2011. An IUP will allow the time needed to acquire the 2 lots to the south and expand/add on to Elk River Lodge and transition into an apartment building, which is consistent with the City of Elk River's FAST study. Our hours of operations are Monday — Friday from 9am — 4pm with a minimum of 3 employees. There have been no modifications to the parking lot or parking stalls. There is no outdoor storage provided on the site. The City code does not define extended stay, which is why we are proposing the IUP. To address the life/safety concerns with the building, Elk River Lodge will continue to move forward with the required rental license and will go through the rental license process each year to ensure safety of the clients and staff at the property. Insp. No.: 39419 State Fire Marshal Division Minnesota Department of Public Safety 444 Cedar St., Suite 145 St. Paul, MN 55101-5145 IF F+ ► RS -82184 map.- Date: $/1 /2014 Insp. Time: 2.00 Travel: 1.00 inspector: Gergen, John W Occupied: J 'Recommendations: 0 Inspection and Compliance Orders ;;�,;rty: Elk River Inn & Suites 17432 Hwy 10 e, r h-+" Elk River, MN 55330 Contact: contact Name/Phone: Pat Briggs 763-441-8554 Contact E-mail: pat@thebriggscompanies.com Property Phone: 612-441-8554 Elk F Titer Ledge 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: O Permit/Plan Review: O Owner Requested: O Inspector Initiated: Q consultation: O It.. a Bel i I Cod. S.ctlon D.ys to VioNtlon Corr" Remark. Inspection Remarks: The mandated three year interval inspection was attempted on 5/1114. 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. • I+n,.,e th.4 a ..1! wi w .-J-.:__ J Fire Department: Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Insp. No.: 39419 L State Fire Marshal Division Minnesota Department of Public Safety 444 Cedar St., Suite 145 File No.: RS -82184 Insp. Date: 5/1/2014 Insp. Time: 2,00 Travel: 1 .00 Inspector: Gergen, John W St. Paul, MN 55101-5145 Occupied: "E01 *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-mail: crathebriggscompan ies.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: O Permit/Plan Review: O Owner Requested: O Inspector Initiated: © Consultation: O Item # Ref # Code Section Days to Correct Violation Remarks 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 PH: 763-633-1080 Fax: 763-633-1430 Email: cr@thebriggscompanies.com Please visit our website @ www.thebriggscompanies.com 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 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 tnat 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, 20161:57 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 DiN ision Street, Suite 212 St. Cloud, MN 56301-4557 email: TVffani.Maresh(&state.mn.us From: Carlton, Zachary [mailto:zcariton@ElkRiverMN.sovl Sent: Thursday, January 07, 201612:01 PM To: Maresh, Tyffani (MDH) <tyffani.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 mover 13066 Orono Parkway lick Ricer, ,%IN 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 VIAEMAIL- 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� �3-t� Jeremy Barnhart, AICP Deputy Director, Community Operations and Development Ca John Cunningham, Fire chief Phone: 763.635.1000 Fax: 763.635.1090 www.ElkRiverNfN.gov p 0 V F R E 0 8 1 NAWREI 13065 Orono Parkway Elk River, MN 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 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.ElkRiverMN.gov pI/EIII Ir NA ?E 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 F1/EIII IV www.ElkRiverMN.gov/Fire NAE 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, W00- 000 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 STATE OF MINNESOTA [11010181 a aldle] 43: 113 .1-1 -118J 1114 el 5, CITY OF ELK RIVER Docurnent has not been entered In the Abstract Tract Index Stterbu me county Mcotdet Office of the County Recorder Sherburne County, MN Doc. No. 732186 Certified, filed, and/or recorded on 5/27/2011 9:30 AM Mich elle Ashe, County Recorder Deputy Fees: $46.00 11111111111111 732186 CITY OF ELK RIVER CITY COUNCIL CONDITIONAL USE 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 1P 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 (I 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 18th day of April, 2011. n:\departments\community development\planning\case files\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 (6) months. JaWmy Bar&art Planning Manager IN TESTIMONY WIIEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the '/6 day of ZQ'J.�G� , 2011. fr ° City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this 7 day of 2011. 04--delped 01P DEBORAH KAY HUEBNER 1W#W A" - WW9=A My Ca✓n�MNoN E�IYM JM. r°1016 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 I 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 I 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. 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I. -M-11 c_$r_qh �p FLOOR PLAN Elk River Lodge and Suites Briggs Companies IUP CU I6-07 Mr i 75W3 P.A S Ellam River Lodge and Suites Interiun Use Permit 75 0023203 73-002-3AQ5 �4 E L11 -A 1 75-7a� f s 672626 Case Na: CU 16-07 i*i=� River Background/Discussion ■ Request ■ Five year IUP for extended stay 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 ■ Operating without valid permit/use since 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 as IUP ■ No proposed changes to interior or exterior of building. ■ Meets building codes for hotel ■ Hours of operation from gam to 4pm with 3 employees ■ Propose to follow rental license process every year Interim Use Permits ■ Interim use means the temporary use of a property until a particular date, or until the occurrence of a particular event. ■ Applicant has requested a period of five years to operate as an extended stay property ■ Allows acquisition of property to the south ■ Transition to an apartment use by termination ■ Ordinance does not define extended stay hotels ��" FL.rJOZ I r FLOOF- S 6N+�o7 .�qy elp-c FEVI �9!0�1 Fes. UN! -G Fra ✓ ur, ra na_� P �v Ga o N r r \ r r1 r1r \ ly y t r ¢ rrryi111`�I,y y 1y V1111111 Itt + — yy r111� � y1 y Ly I�tt + 1 r \ \ \ \ t \ t + ty 1 1 11 11 i ii l; i� 1 1 11111 lil l a t 111 11 tt � i I I lljlli�li I I I� l l lil�l l I ! 1tt1t`�1 l --� I I I IIs1y1� f << I I I ill�r" f � R I r I �Illt'\ rRR R I l i yt 1 1 1 I I I l l l l 1 1 11 1 l y l l r l y SITE PLAN GRADMG NOTE: 3d-0, SEE SHEET Al FOR NOTE& IUP Requirements ■ Section 30-658 outlines findings for approval ■ Does not meet conditions 4 or 7 IUP Condition 4 ■ The date or event that will terminate the use can be identified with certainty. ■ It is difficult to confidently identify the date the transition to an apartment building will occur. The applicant has requested five years, but has been operating under essentially the same conditions since stating their desire to operate as an apartment in early 2014. Improvements or changes necessary to make that change in use have not been identified. If the City Council makes a motion to approve, a discussion about the requested time frame should occur. CUP Condition 7 ■ Thea plicant_provides assurances deemed adequate by the city council that the use will terminate as _provided in the interim use_perit. The city council may require the ap plicant to deposit a cash mount with the city, or_provide some other form of secutzty, to ensure copliance with this cvzten'a. ■ Assurance that the use will terminate within the requested timeframe have not been provided. The property has operated since May 1, 2014, under a stated desire to operate as an apartment building, the same desire stated in the applicants memo, but improvements to change the use have not been identified. If a motion to approve the IUP is made, submittal of a cash escrow may be included. Planning Commission ■ The applicant reviewed existing projects and outlined the long-term plan for ER Lodge. ■ Commissioners and applicant discussed possible benchmarks. ■ Timeframe provided by applicant included in recommendation. ■ No one else spoke ■ PC recommended approval of the 5 -year IUP by a 3-1-1 vote. Recommendation ■ The PC recommendation is to approve the 5 year IUP with the conditions stated in the memo. ■ Applicant requests conditions of approval changed to reflect submittal of a building permit within 48 months. ■ Staff recommend denial of the application based on not satisfying criteria #4 or #7 for approval of an IUP.