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HomeMy WebLinkAbout3 - City Code Amendment - C-2 and Interim Uses To: Planning Commission From: John Hinzman, Community Development Director Date: December 28, 2020 Item: Public Hearing: Amend City Code Chapter - C-2 Zoning and Interim Uses Planning Commission Action Requested Hold a public hearing and consider the attached draft amendment to Hastings City Code Chapter 30 (City Organizations) and Chapter 155 (Zoning) pertaining to the establishment of regulations for Interim Use Permits and the C-2 Zoning District. Objective of Amendment 1) Eliminate ambiguities within the existing C-2 Zoning District by adding further definition to allowable uses. 2) Remove uses that are not presently utilized within the C-2 District and are inconsistent with the Vermillion Street Corridor Study. 3) Clarify application of Site Plan Review Requirements for site modifications. History • February 10, 2020 Planning Commission - Commission voted 7-0 to recommend denial of the proposed ordinance changes. The Commission discussed the effect of the amendment on a motor coach commerce facility proposed on property owned by Mark Lambert located within the district that is the subject of an ongoing lawsuit. • January 27, 2020 Planning Commission - Commission held a public hearing and discussed the changes. The item was tabled to provide further information on the effect off the amendment on sales of existing manufactured homes within the district. Changes from February 2020 Proposed Ordinance The current ordinance amendment includes the following changes from the 2020 proposed ordinance amendment: • Inclusion of “Motor Coach Commerce Facilities” as an Interim Use within the C-2 District. See §155.29(D) • Creation of Interim Use Permit (IUP) regulations. IUP regulations mirror the existing language for Special Use Permits within the Code. Interim Uses are intended for Planning Commission Memorandum uses within a limited lifespan. The operational term of individual IUP’s would be established on each permit issued and an agreement between the City and applicant reflecting conditions on a permit is required. See §30.02(E)(3) • Added Definitions for Equipment Sales and Rental Facilities, Motor Coach, Motor Coach Commerce Facility, and Travel Trailer. See §155.02 • Definitions for Camping Areas, and Lodging Facilities unchanged from the February draft amendment. See §155.02 • Change in the name of the C-2 District to Highway Auto Sales and Service remains unchanged from the February draft amendment. See §155.29 • Uses permitted under the C-2 District and Uses by Special Use Permit are unchanged from the February draft amendment. See §155.29(B) and (C) • Camping Areas listed as a prohibited use. See §155.29(E) C-2 Zoning District The C-2 District consists of 13 parcels located in various areas of Vermillion Street between 22nd Street and 36th Street. Uses allowed within the district are broad. This is the only district in which automobile sales may occur (with a special use permit) and many of the establishments within the district sell automobiles. The language of the C-2 Zoning District is essentially unchanged since original adoption in 1970. C-2 Properties Location Business Name Owner Type 2128 Vermillion St Deals with Wheels 6250 Concord LLC Auto Sales 2401 Vermillion St Hastings Car Wash Arndts Investments Car Wash 24xx Vermillion St PIN 191955101020 Summit Management LLC Vacant Land 25xx Vermillion St PIN 191955101030 Summit Management LLC Vacant Land 2450 Vermillion St Asteria Inn Sarju Hastings LLC Lodging 26xx Vermillion St - PIN 198170001230 Hastings Terrace Summit Management LLC Mobile Home Park 26xx Vermillion St - PIN 190340055010 Hastings Terrace Summit Management LLC Mobile Home Park 29xx Vermillion St PIN 198170006102 MN DOT Vacant - TH 61 and 316 Intersection 2980 Vermillion St Hastings Chrysler DEAE LLC Auto Sales 2929 Red Wing Blvd Valley Chevrolet Valley Development Auto Sales 3175 Vermillion St Pro Power Rental Leggo Management Equipment Rental and Auto Repair 3575 Vermillion St Suzanne Werner Residence 3625 Vermillion St Hastings Ford DEAE LLC Auto Sales Attachments: • Draft Ordinance Amendment DRAFT PLANNING COMMISSION PUBLIC HEARING DECEMBER 28, 2020 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2020-___, THIRD SERIES An Ordinance of the City of Hastings Amending City Code Chapter 30: City Organizations, and Chapter 155: Zoning Code BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 30, SECTION 30.02 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): § 30.02 (E)(3) Interim use permits. (a) Conditions governing applications procedures. To decide the questions as are involved in determining whether interim use permits should be granted, and to grant interim use permits with the conditions and safeguards as are appropriate under Chapter 155, or to deny interim use permits when not in harmony with the purpose and intent of Chapter 155. The Planning Commission of the city shall hold public hearings on applications for interim use permits in the manner required under M.S. § 462.357, subd. 3, as it may be amended from time to time, unless the City Council or the Board of Adjustment order that the required public hearings be held by the Council or the Board of Adjustment, in which case the Planning Commission may hold supplemental public hearings in the cases. (b) Granting permit. An interim use permit may be issued for a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. An interim use permit shall not be granted by the Board of Adjustment unless and until: 1. A written application for an interim use permit in a form provided by the City is submitted indicating the section of Chapter 155 under which the interim use permit is sought and stating the grounds on which it is requested; 2. Published notice shall be given at least 10 days in advance of public hearing. The owner of the property for which the interim use permit is sought or his or her agent shall be notified by mail as well as all owners of property within 350 feet. Notice of the hearing shall be posted at City Hall at least 10 days prior to the public hearing; 3. The public hearing shall be held. Any party may appear in person, or by agent or attorney; 4. Prior to any decision made by the Board of Adjustment, the matter shall be referred to the Planning Commission for review and a report. The Planning Commission shall review and report to the Board of Adjustment. The Planning Commission shall report in a timely manner so the Board of Adjustment can act on the application within 60 days of its receipt. The Board of Adjustment shall find that it is empowered under the section of Chapter 155 described in the application to grant the interim use permit and that the granting of an interim use permit will not adversely affect the public interest; and 5. Before any interim use permit shall be issued, the Board shall make written findings, certifying compliance with the specific rules governing the individual interim use permit and that satisfactory provision and arrangement has been made concerning the following where applicable: a. The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein; b. Identification of the date or event that will terminate the use; c. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; d. The user agrees to any conditions that the City Council deems appropriate for permission of the use; e. The use meets the standards set forth in the zoning regulations herein governing interim use permits and special use permits; f. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenient traffic flow and control, and access in case of fire or catastrophe; g. Off-street parking and loading areas where required, with particular attention to division (E)(3)(b)(5)(f) above, and the economic, noise, glare, or odor effects of the interim use on adjoining properties and properties generally in the district; h. Refuse and service areas, with particular reference to items divisions (E)(3)(b)(5)(f) and (E)(3)(b)(5)(g) above; i. Utilities, with reference to locations, availability, and compatibility; j. Screening and buffering with reference to type, dimensions, and character; k. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; l Required yards and other open space; m. The use will not be detrimental to the health, safety and welfare of the public; and n. Compatibility with adjacent properties and other property in the district. 6. The Board of Adjustment and Appeals shall establish conditions for issuance of any interim use permit. The applicant and the City shall enter into a written agreement by which the applicant expressly agrees to those conditions and the consequences that may result from the violation of any conditions, including revocation of the interim use permit. (c) Limitations. 1. Except as otherwise approved by the City, in any case where a use permitted by an interim use permit has not been established within one year from approval by the Board of Adjustment and Appeals, the permit shall be null and void. 2. In any case where a use authorized by an interim use permit is discontinued for a period of more than three years or longer, the permit shall be null and void. (d) Termination. Except as otherwise approved by the City, any interim use permitted may be terminated upon the effective date of any change in zoning regulations, including any amendment to this section, that results in the interim use being no longer permitted. (e) Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of the review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked at any time for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. (f) No non-conforming rights conferred. Upon expiration, termination or revocation of any interim use permit, the future use of the property must conform to the then current zoning regulations and no non-conforming rights shall be conferred upon the property or the owner as a result of the interim use permit. HASTINGS CITY CODE CHAPTER 155, SECTIONS 155.02 AND 155.29 ARE AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): § 155.02 DEFINITIONS. CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five or more tents, recreational camping vehicles, as defined by M.S. § 327.14, subd. 7, as it may be amended from time to time, free of charge or for compensation. EQUIPMENT SALES AND RENTAL FACILITIES. A sales or service establishment which may offer a wide variety of large-sized or bulky materials and equipment for sale or rental. LODGING FACILITIES. A building used as, maintained as, advertised as, or held out to be a place in which sleeping accommodations are furnished to the public for temporary periods, and having five or more beds to let to the public. Including and limited to hotels, motels, and bed and breakfast facilities. MOTOR COACH. A Type A Motor Home, as defined in M.S. § 168.002, subd. 17(d)(1), as it may be amended from time to time, and having an overall length of no less than twenty (20) feet, being no more than fifteen (15) years old at the time of use and with all essential components in M.S. 168.002, subd. 17 (b), (1-5) for classification as a motor home having been installed by a first-stage or final-stage manufacturer. MOTOR COACH COMMERCE FACILITY. A facility consisting of parking pads, and utility hook-ups, and in some cases water pumps, lift stations, and facilities necessary to provide vehicle washing and waxing, or maintenance, designed and operated to serve transient users of motor coaches and travel trailers. TRAVEL TRAILER. A Travel Trailer as defined in M.S. § 168.002, subd. 36, as it may be amended from time to time, and having an overall length of no less than twenty (20) feet, being no more than fifteen (15) years old at the time of use, and with all essential components in M.S. 168.002, subd. 17 (b), (1-5) for classification as a Travel Trailer having been installed by a first-stage or final-stage manufacturer. § 155.29 C-2 HIGHWAY AUTO-SPECIALIZED COMMERCE SALES AND SERVICE. (A) Intent. The intent of this chapter in establishing a highway-auto-specialized commerce sales and service 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 for sale. (B) Uses permitted. (1) Commercial establishments which are oriented to the motorist including, but not limited to, eating places, Food and beverage establishments, automobile service stations, auto repair shops, car wash, and motel lodging facilities. (2) Accessory uses incidental to the foregoing principal uses including, but not limited to, off-street parking. (C) Uses by special use permit. (1) Commercial sales establishments requiring large sites for off-street parking or for outdoor display and sales limited to such as farm implement sale, auto and truck dealers, and equipment sales and rental facilities 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 (D) Uses by interim use permit. (1) Motor Coach Commerce Facility. (E) Prohibited uses. (1) Camping Areas. All other sections shall remain unchanged. This Ordinance shall be effective seven (7) days after its passage and publication. Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this _____ day of _______, 2020, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS 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 _____ day of ___________________ 2020, 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 (JH) 101 4th St. East Hastings, MN 55033 4840-9540-4754, v. 2