The Hastings Planning Commission is recommending the owners of the Pine Patch Tree Farm be given some more latitude in playing host to special events on their property near 26th Street and Elm Avenue.
Gathered Tuesday at the Hastings Municipal Airport Terminal for their regular November meeting, commission members conducted a public hearing, then voted unanimously to recommend that the City Council amend the list of 14 conditions attached to the 2021 conditional use permit for Joe and Nikayla Kindig’s operation — a business that includes a tree nursery, seasonal Christmas tree sales in November and December, and year-round rentals for private “assembly” gatherings in the barn on the property at 780 E. 26th St.
The barn, which was built in 2022, can hold up to 99 people.
The recommended changes include allowing people to be on the property in connection with tree nursery operation, Christmas season business and special events from 8 a.m. to 10 p.m., rather than from 8 a.m. to the current cut-off time of 6:30 p.m.
In materials presented to the city prior to Tuesday, the Kindigs indicated they have learned a lot in their first year of facility rentals, and that the extended hours they now are requesting would allow them to better accommodate events like high school graduation receptions and “celebration of life” memorial gatherings that sometimes are planned for the late afternoon or early evening.
The 10 p.m. cut-off would include cleanup after events, so the events themselves would be required to end at 9, they said.
Commissioners also recommended that the council grant the Kindigs’ request to drop the prohibition against consumption of alcohol on the property during special events at the barn. The Kindigs are requesting that customers renting the barn for an event be able to bring their own alcohol, while stipulating that it could not be consumed anywhere outside the barn.
The Kindigs also stipulated that they would have a representative on the property at all times during events to ensure the rental rules were being followed and underage drinking wasn’t allowed. Furthermore, they said they are choosy about what events to book and would anticipate events with relatively small amounts of alcoholic beverages such as wine or champagne, as opposed to parties involving large amounts of beer or hard liquor. The events are private and not open to the general public.
Finally, commissioners recommended that the City Council drop a condition related to use of a secondary driveway onto Elm Avenue for egress from the Pine Patch, as allowed by an easement agreement with the neighboring property owner. The current condition allows use of that driveway during the Christmas season only.
Commissioners said the Kindigs and their neighbor, John Northrop, have a good relationship and can work out their own driveway arrangements. The entrance to the Pine Patch property is off 26th Street.
One longtime Pine Patch neighbor, Roger Duering of 880 E. 26th St., appeared at Tuesday’s public hearing in opposition to allowing alcohol at events there. Duering said he has no problems with the Kindigs and doesn’t object to evening gatherings there, but that rental events involving alcohol don’t belong in a residential neighborhood.
Duering also said he hoped the conditional use permit for the Pine Patch operation isn’t going to be changed repeatedly.
Chad Bunger, city director of development services, recommended that the Kindigs’ request for extended hours be granted but that the request to allow alcohol be denied. He suggested that if the city did choose to allow alcohol, conditions such as requiring the serving to be done by a licensed caterer could help alleviate concerns about neighborhood safety hazards or disruption caused by an out-of-control event.
“As much as I trust the property owners that they want to manage it, you just never know when you allow guests to do what they want,” Bunger said.
Commissioners discussed the pros and cons of requiring a licensed caterer serve the alcohol, but Alternate Commissioner Chuck Rosenberg noted such a condition would limit the number of such events the Kindigs could host in a given year, since the Nebraska Liquor Control Commission allows a total of just 12 alcohol-catered events per year by special designated license in any venue that doesn’t hold its own liquor license. As part of an R-1 single-family residential district, the Pine Patch property couldn’t obtain its own license.
City Attorney Jesse Oswald said the Kindigs will need to follow applicable Nebraska law concerning alcohol no matter what conditions the city might choose to impose on their operation.
Commissioners also discussed the driveway issue at length, and in the end recommended that the City Council drop the condition and let the Kindigs and Northrop work out the arrangement they want.
“All we’re interested in is working with small businesses to make sure they succeed,” Commissioner Lou Kully said.
The City Council isn’t required to follow any of the recommendations sent to it by the Planning Commission.
In other business Tuesday, the Planning Commission conducted a public hearing, then voted unanimously to accept the City of Hastings Affordable Housing Action Plan prepared by Marvin Planning Associates of David City and Community Planning Insights of Dayton, Ohio.
Bunger said the report must be approved and placed on file with the state of Nebraska due to action of the state Legislature in 2020. He said the requirement is “largely an unfunded mandate by the state,” but that the information included in it is relevant to the city’s ongoing update of its Comprehensive Land Use Plan.
The commission also voted 7-0 to recommend that the City Council approve a preliminary/final plat for the Vandeventer Subdivision at 6470 W. DLD Road, west of Hastings. The purpose is to subdivide a 6.17-acre farmstead from 4.9 acres of adjoining farmland.
Lee Vrooman, city director of engineering, presented the draft One- and Six-Year Street Improvement Plan for 2024-29.
