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Home My WebLink About3 - Motorcoach Commerce Facility To: Planning Commissioners From: John Hinzman, Community Development Director Date: May 10, 2021 Item: Hastings Commons LLC - Interim Use Permit and Site Plan #2021-17 - Motor Coach Commerce Facility - 24xx Vermillion Street Planning Commission Action Requested Review the following actions for development of a 12 unit Motor Coach Commerce Facility as proposed by Hastings Commons LLC. The 1.13 acre site is generally located east of 25th and Vermillion Streets, between Vermillion and the Coratel Inn and Suites (former Super 8): 1) Interim Use Permit for the operation of a Motor Coach Commerce Facility 2) Site Plan for construction of a Motor Coach Commerce Facility BACKGROUND INFORMATION Comprehensive Plan The property is guided C - Commercial within the 2040 Comprehensive Plan. The proposed use is consistent with the Comprehensive Plan. Zoning The property is zoned C-2 - Highway Auto Sales and Service. Motor Coach Commerce Facilities are allowed through issuance of an Interim Use Permit. Existing Condition The site contains two parcels and is relatively flat and treeless. Two parking lot drive ways providing access to the adjacent hotel bisect the property. Proposed Condition Construction of a 12 pad Motor Coach Commerce Facility including a small (100 s.f.) detailing and commerce center, dump station, and water fill. All utilities would be private. Planning Commission Memorandum Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Hastings Car Wash Commercial C-2 East Coratel Inn Commercial C-2 South Hastings Terrace Mobile Home Park Commercial C-2 West Vermillion Street Nichols Inn, Subway, Old Mill Pawn Commercial C-3 History The applicant and City executed a Settlement Agreement pertaining to law suit filed by the applicant for the proposed Motor Coach Commerce Facility use. The applicant agreed to certain conditions for the use and operation of the facility and City agreed to amend the City Code to allow consideration of the use through issuance of an Interim Use Permit. Interim Use Permit Interim Uses are non-permanent uses that are allowed for a limited period of time. Specific Interim Uses are identified within certain Zoning Districts. Review and approval are conducted before the Planning Commission and City Council, respectively. Certain conditions of operations are established and the City and memorialized within a written agreement executed by both the applicant and City. Public Hearing Notification Notice of the public hearing was mailed to all property owners within 350 feet of the property. The following comments have been received: • Champak Bhakta - Coratel Inn and Suites - Oppose issuance of the permit • Dan Mattimiro - 114 25th Street W - Disapprove issuance of permit. Concern over traffic and appearance. Please see the attached Public Hearing Comments for further information. INTERIM USE PERMIT REVIEW Ordinance Requirements City Code Chapter 155.29, Subd. D(1) allows Motor Coach Commerce Facilities through issuance of an Interim Use Permit Interim Use Permit (IUP) Review City Code Chapter 30.02, Subd. E.3 – Board of Adjustment and Appeals - Interim Use Permits outlines specific rules and review criteria for the issuance of SUPs, including: • Zoning Conformance – IUP’s for Motor Coach Commerce facilities are allowed in the C-2 District. Additional zoning conformance will be included as part of Site Plan review. • Temporary Use – The IUP would be issued for an initial period of 10 years. The applicant may apply for an additional 10 at the conclusion of the original IUP. • Additional Costs Upon Future Taking – Limited building construction would take place upon the property. The City is not aware of any plans for future taking of the property. • Applicant Agreement to Conditions – A written agreement would be executed between the City and Applicant to memorialize conditions consistent with the Lawsuit Settlement Agreement. • Adherence to Interim and Special Use Permit Standards – Specific conformance to Special Use and Interim Use provisions is further documented below. • Ingress and Egress\Off-Street Parking and Loading – The site will utilize two existing private driveways providing access to Vermillion Street and the Coratel Inn. Private drives will provide access to specific pad rental sites. Each rental site will provide for off street parking for those renting the site. • Refuse and Service Areas – Refuse areas must provide for the screening of trash and refuse. • Utilities – Utility access and availability is satisfactory. All interior site connections will be private. • Screening and Buffering – Fencing and landscaping will be installed along Vermillion Street to screen and buffer the site from the roadway. • Signs and Exterior Lighting – Any signage will be approved via an administrative permit at a later date. Lighting adheres to maximum illumination requirements. • Required Yard and Open Space – Yard and open spaces areas are acceptable, there are not prescribed setbacks in the C-2 Zoning District. • General Compatibility with Adjacent Properties and the Surrounding Area – All adjacent properties are zoned commercial. Interim Use Permit Conditions As part of the Settlement Agreement the City and Applicant agreed to certain terms of approval for an IUP. The specific conditions are listed in Exhibit A and include the following: • Type and Age - Type A Motor Homes and Travel Trailers only with an overall length of no less than 20 feet and no more than 15 years old. • Vermillion Street Sites - The four sites fronting Vermillion Street shall be occupied by Motor Coaches only. Occupancy limited to more than 30 days in a 90 day period. • Non-Vermillion Street Sites - Remaining eight sites may be used by Motor Coaches or Travel Trailers. Occupancy limited to no more than 120 days in a 180 day period. Any time period a Motor Coach occupies one or more of the four sites along Vermillion Street shall be counted against the allowed time the Motor Coach can occupy the remaining eight sites. • Term of IUP - 10 years with the right to renew for an additional 10 years. • Deadline for Construction - Construction of the Facility shall be completed by September 1, 2022. • Commencement of IUP - November 1, 2022 or upon completion of construction, whichever is earlier. • Violations - Applicant given 30 days upon written notice to cure any alleged violations of the IUP. City may revoke IUP if applicant fails to comply with the material terms and conditions within 30 days of receipt of the written notice. Applicants may request a hearing before City Council. • Expiration or Revocation of IUP - Applicants must cease operation and remove all Motor Coaches and Travel Trailers within seven days. Future uses must conform to current zoning requirements. • Non-Conforming Rights - Applicant shall not have any non-conforming use rights based on prior use of the property. • Rules of Operation - Operation of the Facility shall conform to the Rules of Operation attached in Exhibit A. Rules shall be provided in writing to each customer. • On-Site Manager - The Facility shall be managed by an on-site manager who shall enforce rules and restrictions of the IUP. • Site Plan - Applicant shall provide a Site Plan; operation and maintenance shall conform to the Site Plan. Rules of Operation As part of the Settlement Agreement the City and Applicant agreed to certain rules of operation including but not limited to noise, conduct, duration of stays, fires, pets, visitors, condition and modifications of vehicles, camping, external structures, and storage of personal property. The specific conditions are listed in Exhibit A and include the following Recommendation Approval of the Interim Use Permit to operation of a Motor Coach Commerce Facility is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated May 10, 2021. Building height shall be no greater shown on the plans. 2. Execution of an agreement between the Applicant and City memorializing the terms and conditions of Settlement Agreement between the City and Hastings Commons, LLC and Summit Management, LLC as identified on Exhibit A including No. 4 Interim Use Permit and Exhibit E of the Settlement Agreement - Rules of Operation - Motor Coach Commerce Facility. 3. Site Plan approval of the Motor Coach Commerce Facility. 4. 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. SITE PLAN REVIEW Proposal Construction of a 12 pad Motor Coach Commerce Facility including a small (100 s.f.) detailing and commerce center, dump station, and water fill. All utilities would be private. Streets No new public streets. All access drives would be privately owned and maintained. No new access points to Vermillion Street. Private drives would be paved with surmountable curb and gutter. Vehicular Access and Circulation Vehicles utilizing the waterfill and dump stations shall not block ingress and egress of the site. Building Setbacks Minimum building setbacks are not prescribed in the C-2 Zoning District. The location of the 100 s.f. Detailing and Commerce Center in excess of 10 feet from the western property line and 30 feet from the front property line is acceptable. Pedestrian Access A public sidewalk abuts the site along Vermillion Street. Internal private drives will be low volume and proviede for pedetrian movement. Parking Each rental space would include room for the parking of one vehicle in addition to the space for the Motor Coach or Travel Trailer. Architectural Design Design information for the proposed commerce center has been requested of the applicant and not received at this time. Fencing A six foot durable composite white fence will be constructed along Vermillion Street to screen activities of the facility. Landscape Plan A variety of trees and shrubs will be planted along the perimeter of the site. Along the Vermillion Street fence, landscaping will be planted on the Vermillion Street side to enhance visual interest from Vermillion Street. The applicant will also need to add four more trees to meet minimum landscaping requirements as stipulated below: Required Proposed One tree per 4,000 s.f. of paved surface – 15,400 s.f. 4 Trees 4 Trees One tree per 50 feet of lot perimeter – 926 feet 19 Trees 15 Trees One shrub per 40 feet of lot perimeter – 926 feet 23.2 shrubs 24 Shrubs Lighting Plan Proposed exterior lighting levels are acceptable. Lighting must be no greater than 0.5 footcandle of illumination when abutting residential propeorty and 1.0 footcandles when facing commercial. Grading, Drainage, Erosion Control and Utility Plan Review The Public Works Department is reviewing the the Grading, Drainage, Erosion Control, and Utility Plans. Site Plan approval shall be conditioned upon final approval of the Grading, Drainage, Erosion Control and Utility Plan by the Public Works Director. RECOMMENDATION Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated May 10, 2021 2. Interim Use Permit Approval for a Motor Coach Commerce Facility. 3. Approval of architectural elevations for the commerce facility building by the Community Development Director. 4. All drive aisles shall be paved with surmountable concrete curb and gutter on drive aisles as indicated on the Low Profile Concrete Curb and Gutter Plan. The concrete curb shall be 12 inches wide, 3 inches dep, raising vertically 2 inches from the street to the lot (or downward as required by site drainage) 5. A six-foot durable composite white fence must be constructed along Vermillion Street to screen site activities. The City Planner shall approve the final plan and materials. 6. Four additional trees are needed to meet minimum quantity requirements in locations and species approved by the City Planner. 7. A landscape surety must be provided in the amount of 125% of the value of proposed landscaping and the applicant shall enter into an agreement drafted by the City with respect to the surety and its use. The surety shall be effective for one growing season. 8. A stormwater plan has been submitted to the City Engineer. The Plan has been preliminarily reviewed by the City Engineer and no on-site treatment of storm water is required. It is the parties’ intentions that the site drain property and that the drainage plan meet City requirements and the parties agree to work together in developing plans that would accomplish this goal. The storm water improvements as approved by the City Engineer with modifications, must be installed prior to site occupancy. 9. All disturbed areas on the property shall be stabilized with rooting vegetative cover to eliminate erosion control problems. 10. Disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 11. 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. ATTACHMENTS • Site Location Map • Public Comments • Site Plans • Civil Engineering Plans • Exhibit A - Settlement Agreement Terms • Application LOCATION MAP PUBLIC COMMENTS Champak Bhakta - Coratel Inn & Suites Mr. Hizman, As I talk to you on the phone today regarding the public hearing for interim use permit for motorcoach. We,Coratel Inn & Suites are opposing for this permit use. It's not going to look good for our business. In the past they used the lot for the RV / mobile homes. City denied the use of that space at that time. So for better visibility of the motel (Coratel Inn & Suites), we are opposing this permit. Dan Mattimiro - 114 25th Street W Planning commission: The drawing shared with stakeholders does not give additional warranties about upkeep of landscape, proper drainage, environmental impact, length of stay permitted, required upkeep of renters must maintain, penalties for failure to maintain, enforcement of codes, etc. An explanation of what is meant by "interim" in the context used? Is it for the business or for the proposed renters? Please consider an alternative site, similar to where the new Villas at Pleasant are being located. How is it that equity seems to be tossed out when it comes to this end of town? On Sun, Apr 25, 2021, 6:49 PM MN Mattimiro <mnmattimiro@gmail.com> wrote: Planning Commission: I would like to express my disapproval of Hastings Commons, LLC for having an Interim Use Permit for the purpose of operating luxury RV/Motor Coach/Travel Trailer rental lots. 1. Adds to congestion at an already precarious point along the Highway 61 corridor just north of the Highway 316 turn. 2. Does not provide an alternate route to mitigate #1. 3. Adds to an existing lot/business that does not appear to function to its fullest extent [the current business has changed names/hands/managers(?) repeatedly over the past 2+ decades without what appears to be any increase in clientele] and gives the impression that this time, this new venture will make something happen. 4. No additional planning for upgrading the current appearance (e.g. landscaping, signage) to enhance and/or limit the current business to bring in more business has been attempted. 5. The city has not established any concrete long term plan for the Highway 61 corridor to bring real change to traffic. I would suggest that the city, at the very least, take out the option of a left turn from 61 onto 25th street and from 25th street onto 61, before any further talk about changes to business in this area. � c-:.:-�.:11V/tit:./-.:;::/.,·t::i /} ::..,,.". -.. .,..�li:r�4.�i�=.}�1:--�•;{.1w-.�..,.·-�-��--·fft.: ✓--. I -�-·-· .-... �• /� . -/'9'�' . ,IT II ["': I ,�D-RAIN�f AND· .LlTI.LffY -s�SENd-ENI DETAIUNG AND COMMERCE CENTER DUMP STATION AND WATER ftLL <e NORTH � 56" i r . -•' � � '"'Ir'" I0'X2O' I ,. }Q�;,25� I -�Ya'C t � jzo• ROAD _,_ 1�-, .J PARKING m·xss· 1 ST.e.u. LOT DETAIL NTS LANDSCAPE BUFFER �· 60 SCA!.E: t. = .30• Representative photos of Class A motor coaches EXHIBIT A - INTERIM USE PERMIT - SETTLEMENT AGREEMENT