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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.