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HomeMy WebLinkAbout4 - IUP - Motor Coach Commerce Facility To: Planning Commissioners From: John Hinzman, Community Development Director Date: September 12, 2022 Item: Hastings Commons LLC - Interim Use Permit #2022-51 - Motor Coach Commerce Facility - 24xx Vermillion Street Planning Commission Action Requested Review the following request 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 (IUP) for the operation of a Motor Coach Commerce Facility BACKGROUND INFORMATION Previous Approval A similar application for an IUP by the applicant on the subject property was reviewed by the Planning Commission on May 10, 2021 (minutes attached) and approved by the City Council on May 17, 2021. The 2021 IUP established a September 1, 2022 deadline for construction completion which did not occur, requiring submittal of a new IUP application. Site Plan approval for construction of the facility remains valid and is not part of this application. 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. Planning Commission Memorandum 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. 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 a lawsuit 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. No comments have been received at this time. 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 of Approval As part of the Legal Settlement Agreement the City and Applicant agreed to certain terms of approval and rules of operation for an IUP. The specific settlement conditions are attached 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. This will need to be modified • Commencement of IUP - November 1, 2022 or upon completion of construction, whichever is earlier. This will need to be modified • 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. Recommendation Approval of the Interim Use Permit for operation of a Motor Coach Commerce Facility is recommended subject to the following condition: 1. 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. ATTACHMENTS • Site Location Map • Settlement Agreement Terms • Minutes - Planning Commission - May 10, 2021 • Application LOCATION MAP Hastings Planning Commission May 10, 2021 - Regular Meeting Agenda The Hastings Planning Commission of the City of Hastings, Minnesota met in a regular meeting on Monday, May 10, 2021 at 7:00 p.m. via Zoom video conference. 1. Call Meeting to Order Planning Commissioners Present: Best, Halberg, Matzke, Messina, Peters, Romens and Teiken Staff Present: Community Development Director John Hinzman 2. Approval of Minutes The minutes were approved as presented. PUBLIC HEARINGS 3. Hastings Commons LLC - Interim Use Permit #2021-17 - Motor Coach Commerce Facility - 24xx Vermillion Street Hinzman defined interim use, summarized the ordinance change and settlement agreement with Hastings Commons LLC, and discussed the Interim Use Permit (IUP) request, proposed site plan, conditions for the Interim Use Permit and received public comments. He explained why staff supported the applicant’s request to remove IUP conditions #3 and #4 as listed in the staff memo. Commissioner Teiken asked for clarification on the length of the motor coaches and travel trailers. Hinzman indicated that they cannot be less than 20 feet. Commissioner Messina opened the public hearing and hearing no comments closed the public hearing. Commissioner Peters expressed concerns of site management, turning left out of facility and asked how the term length of the IUP was determined. Hinzman indicated that the applicant also owns the adjacent mobile home property and the two properties will share the on-site manager position. He noted turning left onto Vermillion Street may be difficult and detailed how the term length was established. Commissioner Messina and Hinzman discussed MnDot’s involvement in the project. Commissioner Matzke inquired about an easement agreement between Hastings Commons LLC and the hotel property to allow hotel guests to use the driveways through the motor coach facility. He stated yes there were easement agreements between the two properties. They also discussed signage for the hotel and possibly how traffic may be affected. The Commissioners and Hinzman discussed the history of the utilization of the site and the legal dispute and resolution. Commissioners Romens and Teiken specified why they were apprehensive about this project. Commissioner Halberg, Romens and Teiken commented on the current aesthetics of the property and the aesthetics after the completion of the motor coach facility. Commissioner Halberg echoed Commissioner Peter’s concern of traffic. Commissioner Messina inquired if the proposed lighting would illuminate into the hotel or onto Vermillion Street. Hinzman explained why the lighting would not have any affect to the hotel or the street. Commissioner Teiken and Hinzman discussed the definitions of interim use permits and special use permits and why these requests are brought before the Planning Commission and City Council. They also talked of provisions for violated rules. Commissioner Romens and Hinzman discussed the two driveways through the site for cars going to the hotel. Hinzman stated that the hotel does not have any other access. Commissioner Messina asked if the neighborhood would be adversely affected by the campers at the motor coach facility. Hinzman stated the rules of operation were listed in the settlement agreement. Commissioner Peters commented that a manager was required to be onsite during normal business hours; however, there would not be a manager onsite to enforce rules after business hours. Hinzman indicated that complaints may be directed to the onsite manager of the mobile home park. Mark Lambert, owner of Hastings Commons LLC, stated that an onsite manager does live at the mobile home park. Lambert also stressed that they will adhere to the rules set forth in the settlement agreement. The Commissioners Lambert discussed winterization plans and snowplowing for the motor coach facility. Commissioner Matzke motioned to approve the Interim Use Permit as amended and the Site Plan as presented, seconded by Commissioner Teiken. Roll call vote: Ayes 5; Nays 2 – Romens and Teiken. Motion approved. Hinzman noted that this item will be on the May 17, 2021 City Council Agenda. OTHER ACTIONS 4. Other Business Hinzman updated the Commissioners of Planning items approved by the City Council and detailed items anticipated to be on the upcoming Planning Commission Agendas. 5. Adjourn Commissioner Teiken motioned to adjourn at 7:50 p.m., seconded by Commissioner Romens. Roll call vote: Ayes 7; Nays 0. Motion approved. Next Meeting – May 24, 2020 Respectively Submitted: Erica Henderson Deputy City Clerk