HomeMy WebLinkAboutIX-2 & X-B-2 & X-B-3 Rezoning and Special Use Permit for 2128 Vermillion St
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: May 20, 2019
Item: 2nd Reading - Hold Public Hearing - Resolutions: City Code Amendment 155.01,
Rezoning – C-3 to C-2 and SUP for Auto Sales – Former Auto Stop (2128
Vermillion Street)
Council Action Requested:
Hold a public hearing and act on the attached resolutions amending the Hastings City
Code Chapter 155.01 – Zoning Code-Zoning Map to rezone a half-acre parcel located at
2128 Vermillion Street to from C-3, Community Reginal Commerce to C-2, Highway
Auto-Specialized Commerce and SUP (Special Use Permit) for automotive sales..
Approval requires a simple majority of the City Council for rezoning, but a SUP requires
six of seven for approval.
Background Information:
See the attached Planning Commission staff report for a complete background of the
request.
Financial Impact:
Site reinvestment will protect the tax base.
Advisory Commission Discussion:
The Planning Commission voted 5-1 (Johnson opposed) to recommend approval of the
action at the April 22, 2019 meeting with limited discussion. Commissioner Johnson
asked about the Vermillion Street Study and if it required buildings to be built up to the
front property line with rear parking. Staff said this is a goal for redevelopment in areas
where that is the established development pattern. Staff added that the proposal is for
reuse of the current site rather than redevelopment.
No one spoke for or against the request during the public hearing besides the applicants
who explained their business and background in community support. Montgomery
Knoll, owner of the carwash across the street at 2127 Vermillion Street did not comment
on the request, but asked if the process would be the same for rezoning his property
(Hinzman said yes).
Council Committee Discussion:
N\A
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Attachments:
Proposed Ordinance Amendment
Email in opposition - May 13, 2019
Planning Commission Memo – April 22, 2019
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ORDINANCE NO. 2019-_______, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 155.01,
ZONING CODE OF THE CITY CODE HAVING TO DO WITH:
OFFICIAL ZONING MAP
BE IT ORDAINED by the City Council of the City of Hastings that property located at 2128
Vermillion Street, legally described as Lots 4 & 5, Block 3, Town of Vermillion, Dakota
County, Minnesota is hereby rezoned from to C-3, Community Regional Commerce to C-
2, Highway Auto-Specialized Commerce.
EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its
passage and approval and publication, as required by law and/or charter.
ADOPTED by the Hastings City Council on this 20th day of April, 2019.
_________________________________
Mary Fasbender, Mayor
ATTEST:
______________________________________________
Julie Flaten, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20th day of
April, 2019, as disclosed by the records of the City of Hastings on file and of record in the
office.
_____________________________________________
Julie Flaten, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. East
Hastings, MN 55033
IX-2 & X-B-2 & X-B-3
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL
USE PERMIT FOR AUTO SALES IN THE C-2 ZONING DISTRICT LOCATED AT 2128
VERMILLION STREET
Council member ___________________________ introduced the following Resolution
and moved its adoption:
WHEREAS, Matthew Balsimo, owner of Deals with Wheels has petitioned for Special Use
Permit approval for auto sales generally located at 2128 Vermillion Street, legally
described as Lots 4 & 5, Block 3, Town of Vermillion, Dakota County, Minnesota; and
WHEREAS, on April 22, 2019, a public hearing and review was conducted before
the Planning Commission of the City of Hastings, as required by state law, city charter,
and city ordinance; and
WHEREAS, The Planning Commission recommended approval of the request
subject to the conditions hereunder; and
WHEREAS, The City Council has reviewed the request and recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS:
That the City Council hereby approves the Special Use Permit as presented subject to
the following conditions:
1) Conformance with the site plan and SUP Planning Commission Staff Report and
plans dated April 22, 2019.
2) If the use authorized has not been established within one year from approval by
the Board of Adjustment and Appeals, the permit shall be null and void.
3) If the use authorized is discontinued for a period of three years or longer, the
permit shall be null and void.
Council member ______________________ moved a second to this resolution and upon
being put to a vote it was adopted by the Council Members present.
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Adopted by the Hastings City Council on May 20, 2019, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Julie Flaten,
City Clerk (City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20th day of
May, 2019, as disclosed by the records of the City of Hastings on file and of record in the
office.
________________________________
Julie Flaten, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. E.
Hastings, MN 55033
IX-2 & X-B-2 & X-B-3
From: "Pamela Pontzer"
Date: Mon, May 13, 2019 at 12:30 PM -0500
Subject: Used car lot
To: "Lisa Leifeld", "Trevor Lund”, "Mayor Mary", "Tina Folch", "Lori Braucks", "Joe
Balsanek"
Please respond with your thoughts -
Hi All - I thought that I would weigh in on my disgust about the used car lot plan for Highway 61.
The proposed location of the lot is not in compliance with current zoning regulations. I am also
curious about the Highway 61 corridor study. It was my understanding that the city was
attempting to make this stretch of road more attractive - a used car lot is the best that we can do?
Every now and again, we should say no to a business that wants to locate in a non-compliant
zoning area - particularly when that location will color a tourists perception (it is certainly coloring
mine) of our town.
Pam Pontzer
IX-2 & X-B-2 & X-B-3
To: Planning Commission
From: Justin Fortney, City Planner
Date: April 22, 2019
Item: Rezoning and SUP #2019-11 - C-3 to C-2 - 2128 Vermillion Street – Automotive sales
- Deals with Wheels
Planning Commission Action Requested:
Hold a public hearing and review a request to rezone property from C-3 Community
Reginal Commerce to C-2 Highway Auto-Specialized Commerce and SUP (Special Use
Permit) for automotive sales. The Planning Commission is asked to make a
recommendation to the City Council.
Background Information:
The half-acre parcel is located at 2128 Vermillion Street and was the site of the Auto Stop
gas station and convenience store that closed several years ago. The site has been for sale
for some time. There is purportedly use restrictions recorded against the property
limiting it from being reopened as a gas station, convenience store, auto parts sales,
automotive repair, and possibly other uses.
The applicants operate a used car dealership in Inver Grove Heights called Deals with
Wheels. They would like to have a smaller satellite location in Hastings to serve a wider
area. While their main location has a service center, they are not including one at the
subject location.
Site improvements would include remodeling of the building, new sign, and restriping of
the parking lot.
Comprehensive Plan Classification
The property is guided as Commercial in the 2030 Comprehensive Plan. The proposed
use is consistent with the plan.
Zoning Classification
The property is currently zoned C-3 Community Regional Commerce. The existing zoning
district allows all retail and retail services, office, residential above the first floor, lodging,
entertainment and amusement, clubs, parking lots by right and auto repair, carwashes,
animal clinics, towers, and brew pubs by SUP. The proposed use is not listed as allowable
in the district. C-2 Highway Auto-Specialized Commerce is the only district that allows
Planning Commission Memorandum
IX-2 & X-B-2 & X-B-3
automotive and farm implement sales, which is by SUP. The C-2 district also allows
commercial establishments that are oriented to the motorist including eating places,
automobile service stations, auto repair shops, car wash, motel and similar.
If a site is approved for auto sales through a SUP, it is only valid for the use as outlined in
the approval and becomes null and void after one year of not beginning or after three
years of inactivity. The use may run perpetually with the land as long as the operation
does not change scope, scale, or violate terms of approval.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Use Comp Plan District Zoning District
North Las Margaritas Commercial C-3
East Highway 61
Gahnz Furniture
Commercial
C-3
South 23rd Street E
Domino’s Pizza
Commercial
C-3
West Apartment Building
Medium density Res R-3 Med High Den
Zoning Map
C-
3
C-
3
R-
3
C-
2
I-1
R-
2
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Zoning Districts
The southern Vermillion Street corridor has a mix of C-3, C-2, and C-4 zoning. All three
of these zoning districts are very similar in intensity allowed. They all allow retail
commerce and include uses with similar impact to area traffic, noise, customers, and
hours of operation. Because of these similarities, zoning of individual parcels non-
contiguously would not constitute spot zoning according to state case law or League of
Minnesota City best practices. All of the surrounding commercial uses are zoned C-3,
but would also be allowed in the C-2 district.
There is comparatively little land zoned C-2 in the city and has made it difficult in the
past for some prospective business owners to find properties to operate auto sales in
Hastings. Only eight parcels are zoned C-2 and have already been developed.
Zoning Descriptions
§ 155.29 C-2 HIGHWAY AUTO-SPECIALIZED COMMERCE.
A. Intent. The intent of this chapter in establishing a highway-auto-specialized
commerce district is to provide appropriate areas for commercial establishments
which are oriented to the motoring public or which require large sites for off-street
parking or display of merchandise.
B. Uses permitted.
1) Commercial establishments which are oriented to the motorist
including, but not limited to, eating places, automobile service stations, auto
repair shops, car wash, and motel.
2) Accessory uses incidental to the foregoing principal uses including, but
not limited to, off-street parking.
C. Uses by special permit.
1) Commercial establishments requiring large sites for off-street parking
or for outdoor display and sales such as farm implement sale, auto and truck
dealers, manufactured home sales, and building material sales. Open sales or
rental lots are subject to the site plan review requirements of § 155.51; and
2) Towers as regulated by § 155.07. (Prior Code, § 10.19) Penalty, see
§10.99
§ 155.30 C-3 COMMUNITY REGIONAL COMMERCE.
A Intent. The intent of this chapter in establishing a community-regional
commerce district is in recognition of the existing downtown commercial
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development and of the need for its future expansions, rehabilitation and
redevelopment.
B Uses permitted.
(1) Commercial establishments including, but not limited to, the following:
a) Retail and service establishments excluding automobile repair;
b) Offices;
c) Entertainment and amusement services; and
d) Lodging services including hotel and motel.
(2) Public and semi-public buildings;
(3) Private clubs;
(4) Residential dwellings provided they are located above the first floor level;
(5) Automobile parking lots;
(6) Churches; and
(7) Accessory uses incidental to the foregoing principal uses.
C. Uses by special permit.
(1) Automobile service stations and motor vehicle repair and wash;
(2) Small animal clinics, excluding establishments with outside runs and
non- patient overnight boarding;
(3) Towers as regulated by § 155.07; and
(4) Residential dwellings on the first floor level provided the dwelling is
accessory to a commercial use, less than 50% of the first level floor area and is
located in the rear of the building with a separate outside entrance. (Prior Code, §
10.20A) Penalty, see § 10.99
(5) Brew Pub
(6) Brewery Taproom, provided that a minimum 20 percent of the floor
area devoted to use as retail sales and a brewery production and
distribution area up to 7,500 square feet.
(7) Microdistillery with Cocktail Room, provided that a minimum 20
percent of the floor area is devoted to use as retail sales and a
microdistillery production and distribution area up to 7,500 square
feet.
IX-2 & X-B-2 & X-B-3
(8) Conversion of existing building space of no greater than 10,000 s.f. into
a restaurant, tavern, or lounge per Section 155.09, Subd. F.6.
(Ord. 2015-12, 3rd Series, passed 10-19-15) (Ord. 2017-13, 3rd Series, passed on
12-18-17)
Notice
Property owners within 350-feet were notified of the proposed rezoning. Staff has not
received any comments.
Recommended Action:
Staff finds no issues with rezoning the property to C-2. Most abutting properties are
zoned C-3 with similar intensity uses, which would also be allowed in a C-2 district. The
rezoning will allow for reuse of the property.
If the property is rezoned, staff recommends approval of the SUP with the following
conditions:
4) Development in conformance with the Planning Commission Staff Report and
plans dated April 22, 2019.
5) Provide a photometric plan meeting ordinance requirements for any additional
lighting.
6) Approval is subject to a one year Sunset Clause; if significant progress is not
made towards the proposal within one year of City Council approval, the
approval is null and void.
7) Approval is subject to a three year Sunset Clause; if the proposed use ceases for
a period of three or more years, the approval is null and void.
8) If the proposed use changes significantly or intensifies a new SUP will be
required.
9) Violations of the SUP approval or nuisances shall be grounds for a hearing to
consider revocation of the SUP.
Attachments:
Site Photos
Aerial Map
Zoning map
Site Layout
IX-2 & X-B-2 & X-B-3
Site Photos
Aerial Map
IX-2 & X-B-2 & X-B-3
Area Zoning Map
IX-2 & X-B-2 & X-B-3
General Site Improvements
More Accurate Parking and Display Plan
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