5.1 PCSR 01-26-2016 - Laserfiche WebLink

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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 the proposed use is not consistent with the comprehensive plan and long range vision for the area a recommendation of denial should be made. However,if it is the desire of the Planning Commission to change the land use of the subject property, then the Commission should recommend to the city council that the larger area within the FAST be reevaluated. Building The applicant is proposing to utilize the entire building for the extended stay hotel use. The building was originally constructed as a hotel, and operated as such until the original CUP expired in 2010. The plans submitted with the 2011 CUP application did not identify any changes and establishment of a hotel was reauthorized. However,plans submitted with the current applications show that a significant amount of work has been completed inside of the building. City ordinance section 30-1 states: Hotel means any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in individual dwelling units. Submitted plans show that eight units have been modified to include cooking facilities. If the Planning Commission recommends approval for a hotel at this location, the cooking facilities will need to be removed to meet city ordinances. Transportation/Circulation/Parking The subject property has one access point onto the cul-de-sac at the end of Zane Street. The nearest \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 16-01 Elk River Lodge\CU 16-01 sr PC ER Lodge 1-26- 2016.docx