HomeMy WebLinkAboutX-C-01 (a & b) Interim Use Permit (IUP) - Motor Coach Commerce Facility - Hastings Commons (24xx Vermillion Street)City Council Memorandum
To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: September 19, 2022 Item: Resolution: Motor Coach Commerce Facility - Hastings Commons LLC (24xx
Vermillion St)
Council Action Requested: Consider the following actions related to the approval of an Interim Use Permit (IUP) for the operation 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) Adopt Resolution granting 2022 IUP2)Approve Termination of 2021 IUP and 2021 IUP Agreement; Approve 2022 IUP
Agreement
All actions require a simple majority of City Council.
Background Information:
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.
Advisory Commission Discussion: The Planning Commission voted 3-2 (Teiken and Messina nay) to recommend approval
of the IUP at the September 12th meeting. During the Public Hearing Danielle Hoffman
spoke representing the applicant and provided background on activities over the last year. Champak Bhakta of the adjacent Coratel Inn opposed the project citing negative effects to visibility of his hotel. Dan Mattimiro cited traffic concerns, landscaping and site design. Commissioners discussed the effect of the Highway 61 reconstruction on ingress
and egress of large vehicles, and delays in construction since the original permit.
Messina cited the delay in construction. Teiken stated his vote was consistent with his original nay vote on the past application.
Council Committee Discussion:
N\A
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Attachments:
• Resolution: Interim Use Permit - Motor Coach Commerce Facility
• Interim Use Permit Agreement
• Planning Commission Staff Memo - September 12, 2022
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HASTINGS CITY COUNCIL
RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING APPROVAL OF AN INTERIM USE PERMIT TO OPERATE A MOTOR COACH COMMERCE FACILITY.
Council member ___________________________ introduced the following Resolution and moved its adoption: Hastings Commons LLC has petitioned for an Interim Use Permit approval to operate a 12 unit motor coach commerce facility on property generally located on the east side of Vermillion Street near 25th Street and legally described as legally described as Lots 2 and
3, Block 1, DAKOTA MOTEL 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, on September 12, 2022, 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 Interim Use Permit as presented subject to the following conditions:
1. Conformance with the plans submitted with the City Council Staff Report dated
September 19, 2022.
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
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including No. 4 Interim Use Permit and Exhibit E of the Settlement Agreement -
Rules of Operation - Motor Coach Commerce Facility.
Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on September 19, 2022, by the following vote: Ayes: Nays:
Absent:
ATTEST: __________________________ Mary Fasbender, Mayor
________________________________ Kelly Murtaugh, 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 19th day of September 2022, as disclosed by the records of the City of Hastings
on file and of record in the office. ________________________________
Kelly Murtaugh, City Clerk
(SEAL) This instrument drafted by: City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
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EXHIBIT A - INTERIM USE PERMIT - SETTLEMENT AGREEMENT
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INTERIM USE PERMIT AGREEMENT
BETWEEN THE CITY OF HASTINGS AND HASTINGS COMMONS, LLC FOR A MOTOR COACH COMMERCE FACILITY THIS INTERIM USE PERMIT AGREEMENT (“Agreement”) is made this
day of , 2022 by and between the City of Hastings, a Minnesota municipal
corporation (“City”), and Hastings Commons, LLC, a Minnesota limited liability company (“Owner”). WHEREAS, on May 17, 2021 the City adopted Resolution No. 05-13-21, which granted
approval of an Interim Use Permit (“2021 IUP”) for the Owner to operate a Motor Coach
Commerce Facility at certain real property legally described on Exhibit A (“Property”); and WHEREAS, pursuant to that approval, the Owner entered into an Interim Use Permit Agreement that identified certain terms and conditions for the Motor Coach Commerce Facility,
recorded on October 21, 2021 as Document Number 3499984 in the Office of the Dakota County
Recorder; and WHEREAS, one of the conditions required that the Owner complete construction by September 1, 2022 or the 2021 IUP would be null and void and of no further force or effect; and
WHEREAS, Owner did not complete construction by September 1, 2022, therefore the 2021 IUP is null and void and of no further force or effect; and WHEREAS, Owner applied for a new IUP for the same use as a Motor Coach Commerce
Facility using the same Site Plan dated May 17, 2021, which was considered by the Planning
Commission on September 12, 2022 and recommended to the City Council for approval; and
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WHEREAS, on September 19, 2022 the City adopted Resolution No. , attached hereto as Exhibit B, which granted approval of an Interim Use Permit (“IUP”) for the
Owner to operate a Motor Coach Commerce Facility at the Property; and
WHEREAS, one of the conditions of approval was that the Owner must enter into an agreement with the City containing specific terms and conditions for the IUP that are articulated in a Settlement Agreement dated January 19, 2021 (“Settlement Agreement”).
NOW THEREFORE, the parties hereby agree as follows: ARTICLE I UNIT TYPES, LOCATION AND DURATION
A. Unit Types. The Owner shall only allow the types of units described in Section 4.a. of the Settlement Agreement to be used on the Property. B. Location and Duration of Types of Units. The Owner shall comply with the site location
for specific types of units and the duration of the consecutive days which those units may
occupy the site location, as described in Section 4.b. of the Settlement Agreement. ARTICLE II
TERM OF IUP
A. Initial Term. The Initial Term of the IUP shall commence on November 1, 2022. The Initial Term of the IUP shall be for a period of 10 years.
B. Renewal Term. Provided the IUP is in effect at the end of the Initial Term, the Owner shall
have a right to renew the IUP for an additional 10 years, provided there is no violation of any the material terms and conditions of the IUP, and Owner has corrected any existing violations. In order to renew the IUP, the Owner must file a renewal application on a form provided by the City at least 60 days before the end of the Initial Term and provide
information reasonably requested by the City. Upon receipt of a renewal application the
City shall schedule a hearing on the renewal before the City Council. Notwithstanding any contrary provision in the Zoning Ordinances or state statute, the permit term of the IUP shall not terminate as a result of any change in zoning regulations, including any zoning changes or amendments to the section governing the IUP that is the subject of this IUP. It
is agreed and acknowledged that the Owner may make application to use the Property
consistent with City Ordinances then in effect. C. Completion of Construction. The Owner shall complete construction of the facilities needed for the IUP no later than September 1, 2023. If construction is not completed by
September 1, 2023, the IUP shall be null and void and of no further force or effect.
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ARTICLE III VIOLATIONS
A. Notice and Opportunity to Cure. Should the City contend that there has been a violation of the terms and conditions of the IUP at any time, the City shall give the Owner 30 days’ written notice of the alleged violation and an opportunity to cure.
B. Revocation without a Hearing. The City may revoke the IUP if the Owner fails to comply
with the material terms and conditions of the IUP upon 30 days’ written notice and failure to cure the alleged violation within the 30-day notice period and failure to timely demand a hearing before the City Council. Failure to timely demand a hearing shall be considered a waiver by the Owner of any right to a hearing and the City Council may order the
revocation without a hearing.
C. Right to Demand a Hearing. The Owner shall be entitled to a hearing before the City Council if the Owner demands the same within 30 days of the issuance of the written notice of revocation. Provided, however, that within the 30-day notice period the Owner may
correct the violation and provide evidence of the correction to the City. The Owner may
present evidence of the correction of the alleged violation that the Owner has undertaken within 30 days at the hearing before the City Council, if a hearing is requested. The Owner shall have the right to appeal a revocation to district court or any other appropriate reviewing body.
ARTICLE IV EXPIRATION OR REVOCATION OF IUP If the IUP expires, is revoked, or is otherwise terminated, the Owner shall cease operations related to the IUP and all motor coaches and travel trailers shall be removed the Property upon completion
of the City hearing process as described herein subject to stays that may be imposed. The Owner
shall require that customers vacate within 7 days of the expiration, revocation or other termination of the IUP and that all trailers, coaches and personal property must be removed within 7 days. Any use of the Property after the expiration, revocation, or other termination shall conform to the then-current zoning, land use and other regulations of the City and the Owner shall not have any non-
conforming use rights based on prior use of the Property.
ARTICLE V OTHER TERMS AND CONDITIONS
A. Rules of Operation. The Owner agrees to comply with the Rules of Operation for
conducting the use, as contained in Exhibit E to the Settlement Agreement. B. On-Site Manager. The Owner agrees to comply with the terms and conditions of having an on-site manager, as outlined in Section 4.g. to the Settlement Agreement.
C. Site Plan. The Owner agrees to construct the site as approved by the City Council in the Site Plan on May 17, 2021.
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D. Termination of 2021 IUP. The Interim Use Permit Agreement, recorded as at the Office of the County Recorder as Document Number 3499984 is hereby terminated, rescinded an of
no further force and effect.
ARTICLE VI GENERAL PROVISIONS
A. Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows:
If to the City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033
If to the Owner: Hastings Commons, LLC Attn: Mark Lambert 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082
Email: mlambert@summitre.net
B. Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party.
C. Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of
the Property and shall run with the Property herein described.
D. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
E. Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner.
F. Counterparts. This Agreement may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same instrument.
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G. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations.
H. Recording. This Agreement shall be recorded against the Property. [remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY: CITY OF HASTINGS
By:
Mary Fasbender Its Mayor
By: Kelly Murtaugh Its City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )
On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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OWNER: HASTINGS COMMONS, LLC
By: Mark Lambert
Its:
STATE OF MINNESOTA ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2022 by Mark Lambert, the ________________ of Hastings Commons, LLC, a Minnesota limited
liability company, on behalf of said limited liability company.
Notary Public
THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Dr. #300
Eagan, MN 55121 (651) 451-1831
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EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
Real property in Dakota County, Minnesota, legally described as follows: Lots 2 and 3, Block 1, Dakota Motel 2nd Addition, Dakota County, Minnesota.
PIDs: 19-19551-01-020 and 19-19551-01-030
Abstract Property
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EXHIBIT B RESOLUTION
HASTINGS CITY COUNCIL RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING APPROVAL OF AN INTERIM USE PERMIT TO OPERATE A MOTOR COACH COMMERCE FACILITY. Council member ___________________________ introduced the following Resolution
and moved its adoption: Hastings Commons LLC has petitioned for an Interim Use Permit approval to operate a 12 unit motor coach commerce facility on property generally located on the east side of Vermillion Street near 25th Street and legally described as legally described as Lots 2 and 3, Block 1, DAKOTA
MOTEL 2ND ADDITION, Dakota County, Minnesota; and
WHEREAS, on September 12, 2022, 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 Interim Use Permit as presented subject to the following
conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated September
19, 2022.
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.
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Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on September 19, 2022, by the following vote: Ayes: Nays:
Absent:
ATTEST: __________________________ Mary Fasbender, Mayor
________________________________ Kelly Murtaugh, 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 19th day of
September 2022, as disclosed by the records of the City of Hastings on file and of record
in the office.
________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by: City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
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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
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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:
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• 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.
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• 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
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LOCATION MAP
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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
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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
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