HomeMy WebLinkAbout20090105 - VIII-B-1VIII-B -1
Memo
To: Mayor Hicks and City Council Members
From: Karl Barker, Associate Planner
Date: January 5, 2009
Subject: Special Use Permit #2008~2fi ~- Mark and Monica Frazer-Allow for
expansion of a marina in the Ffoodway District - fi Spiral View
Road
REQUEST
Mark and Monica Frazer, owners of Hub's Landing and Marina, seek approval of a Special
Use Permit to allow for expansion of a marina in the Ffoodway District. Hub's Landing and
Marina proposes to add 30 slips. The current launch business will be discontinued with the
addition of these slips. The addition of slips does not interfere with the proposed bridge
expansion area.
The property is located at 6 Spiral View in Washington County. There are no other
buildings or structures being proposed at this time.
BACKGROUND INFORMATION
On August 8, 20Q8, the City Council adopted a resolution recording a negative declaration
cn the need for an Environmental Impact Statement for Hubs Landing. The conclusion was
based on the findings of an Environmental Assessment Worksheet (EAW), which was
completed at the request of the Minnesota Department of Natural Resources.
The Planning Commission held a public hearing at its December 22, Zoo8, meeting. No
members of the public spoke to the issue. The Planning Commission voted 6-0 to approve
the Special Use Permit for Mark and Monica Frazer for the expansion of a marina in the
Ffoodway District.
ATTACHMENTS
• Resolution
• Application
Site Location Map
Slip expansion diagram
Mark and Monica Frazer- Expansion of Marina in the F-W District
City Council Memo- January 5, 2409
2
Zoning
The property is zoned F-W ~ Fooodway. Marinas and docks are permitted in the Fooodway
District with a Special Use Permit.
Comprehensive Plan Classification
The use conforms to the 2424 Comprehensive Plan. The subject property is classified
Floodway.
Parking
Parking upgrades are not triggered under the ordinance. The expansion will actually
decrease the number of parking stalls as the launching dock will be removed.
Lighting
There is no exterior lighting proposed at the marina.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existin Use Zonin Com Plan
North Captain's Cove marina} FW-Fooodway Fooodway
East Highway 61 vacant} FW-Fooodway Fooodway
South Mississippi River WAT- Water WAT- Water
West Mississippi River WAT- Water WAT- Water
SPECIAL USE PERMIT REVIEW
Special Use Permit Requirements- Floodplain
Chapter 13.04, Subd. 3 administers Special Use Permits in the Flo4dplain District and
requires that the following issues be satisfied:
1 } All Uses- No structure, fill, deposit, obstruction, storage of materials or equipment, or
other uses may be allowed as Special Uses which, acting alone or in combination
with existing or anticipated future uses, adversely affect the capacity of the floodway
or increases flood heights.
Any ftll to a flooafwa y requires further HFC ll analysts, which has been
completeaf.
2) Fifl- Any fill proposed to be deposited in the floodway
(1) Any fill proposed to be deposited in the floodway must be shown to have
some beneficial purpose and the amount thereof must not exceed that
necessary to achieve the intended purpose, as demonstrated by a plan
submitted by the owner showing the uses to which the filled land will be put
and the final dimensions of the proposed fill or other materials.
Thr"s is not applicable to ~hts phase of development plans.
Mark and Monica Frazer- Expansion of Marina in the F-vV District
City Council Memo- January 5, 2009
3
~2} Such fill or other materials shall be protected against erasion by rip-rap,
vegetable cover, or bulk heading.
Phis is a condition of approval.
~3} Dredge spoil sites and sand and gravel operations shall not be allowed in
the f[oodwayunless along-term site development plan is submitted which
includes an erosionlsedimentation prevention element to the plan.
The City of Hastings Consultanf Engineer is requiring this as part of his
plan review.
~4} As an alternative, and consistent with Subsection ~3}immediately above,
dredge spoil disposal and sand and gravel operations may allow
temporary, on-site storage of fill or other materials which would have
caused an increase to the stage of the ~ 00-year or regions[ flood but only
after the City of Hastings has received an appropriate plan which assures
the removal of the materials from the f[oodway based upon the flood
warning time available. The Special Use Permit must be title registered
with the property in the Uffice of the Gounty Recorder.
Not applicable.
3.3 Structures (temporary or permanent).
(1) Structures shall not be designed for human habitation.
(2) Structures shall have a low flood damage potential.
(3) The structure or structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow of
flood waters.
(a) Whenever possible, structures shall be constructed with the
longitudinal axis paral4el to the direction of flood flow, and
(b) So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
~4} Structures shalt be elevated an fits or structurally dry flood proofed in
accordance with the FP-~ or FP-2 flood proofing classifications inthe State
Building Code. As an alternative, an accessory structure may be flood
proofed to the FP-3 or FP-4 flood proof ng classification in the State
tuilding Code provided the accessory structure constitutes a minimal
investment, does not exceed 500 square feet in size, and for a detached
garage, the detached garage must be used solely for parking of vehicles
and limited storage. All flood proofed accessory structures must meet the
following additional standards, as appropriate:
(a) Structures shall be adequately anchored to prevent flotation
collapse or lateral movement of the structure and shall be designed
to equalize hydrostatic forces on exterior walls; and;
Mark and Monica Frazer- Expansion of Marina in the F-W District
City Council Memo- January 5, X009
4
(b) Service facilities such as electrical and heating equipment shat! be
installed at or above the regulatory flood protection elevation for the
particular area or adequately flood proofed.
There are no new structures being proposed on the property. The
applicant would need to obtain a Special Use Permit before placing a
struc#ure on the property. The DNR is requiring an elevation certificate
signed by a PF or registered land surveyor documenting the low floor of
the exis#ing #railer.
3.4 Storage of Material and,,.Equipment
~1 } The storage or processing of materials that are in time of flooding buoyant,
flammable, explosive, or could be injurious to human, animal, or plant fife
is prohibited.
(2) Storage of other material or equipment may be allowed if not subject to
major damage by floods and firmly anchored to prevent flotation or readily
removable from the area within the time available after flood warning.
This is a condition of approval.
3.5 Gage and Solid Waste Disposal.
(1} No Special Use Permits for garbage and waste disposal sites shall be
issued for floodway areas.
(2) Provided further, there shall be no further encroachment upon the
ffoodway at existing sites.
Not applicable.
3.6 Structural Works for Flood Cantral.
Structural works for flood control such as levees, dikes, and fioodwalls shall be
allowed only upon issuance of a Special Use Permit. A levee, dike or floodway
constructed in the ffoodway, shall not cause an increase to the 100 year or
regional flood and the technical analysis must assume equal conveyance of
storage loss on both sides of a stream. Flood control works shall also be subject
to the provisions of Section 5.55. Any proposed work in the beds of public waters
which will change the course, current, or cross-section of the waters shall be
subject to the provisions of Minnesota Statutes 1969, C.105 and other applicable
statutes. Large scale community wide structural works for flood control intended
to remove areas from the regulatory flood plain shall not be allowed in the
floodway.
Mark and Monica Frazer- Expansion of Marina inthe F-vV District
City Council Memo- January 5, 2009
5
No! applicable.
NEIGHBORHOOD COMMENTS
Notification was sent to property owners within 350 feet of the proposed marina. No
comments have been received.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT T4 ALLOW FOR THE EXPANSION OF A MARINA IN
THE FLOODWAY DISTRICT FOR HUB'S LANDING LOCATED AT
6 SPIRAL VIEW ROAD, HASTINGS, MN
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, Mark and Monica Frazer have petitioned for approval to expand Hub"s
Landing and Marina located in the Floodway District generally located at b Spiral View Road,
legally described as follows:
Sect-07 Twp-026 Range-020 PT GOV LOT 4 LYING W OF CENT LINE OF ST HWY
61 THE COURSE OF WHICH CROSSES SD LAND IS DESC AS FALL: BEG AT PT
ON THEEAST & WEST 114 LINE OF SD SECA DIST 51.SFT NEST FROM THE
CEN OF SD SEC 7 THN RUNNING SELY AT AN
WHEREAS, on December 22, 2005, review was conducted before the Planning Commission
of the City of Hastings, as required by stato law, city charter, and city ordinance; and
WHEREAS, The Planning Commission recommended approval subject to the conditions of
this resolution; 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 Special Use Permit as presented subject to the following
conditions:
1) Approval and compliance of requirements from the DNR, including the preparation of an
emergency and evacuation plan.
2) An elevation certificate signed by a PE or registered land surveyor documenting the low
floor of the trailer.
3) Final approval of the development and utility plans by the City of Hastings Engineering
Consultant. The applicant will be liable for any costs involved in the consultant review of
the plans.
4} The storage or processing of materials that are in time of flooding buoyant, flammable,
explosive, or could be injurious to human, animal, or plant life is prohibited.
5) Storage of other material or equipment may be allowed if not subject to major damage by
floods and firmly anchored to prevent flotation or readily removable from the area within the
time available after flood warning.
b} Such fill or other materials shall be protected against erosion byrip-rap, vegetable cover, or
bulk heading.
7} Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction of the proposal within one year of City Council approval, the approval is null
and void.
8) Any trash and/or recycling enclosures must be fully enclosed on all four sides.
9) The construction of or movement of any buildings onto the property would require Site Plan
Approval.
Council member moved a second to this resolution and upon
being put to a vote it was unanimously adopted by all Council Members present.
Adopted by the Hastings City Council on January 5, 2409, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Paul J. Hicks, Mayor
Melanie Mesko Lee
City Clerk
~ 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 5'h day of January, 2009, as
disclosed by the records of the City of Hastings on ~Ie and of record in the office.
Melanie Mesko Lee
City Clerk
This instrument drafted by:
City of Hastings (KSB)
101 4th St. E.
Hastings, MN 55033
(SEAL}
LAID USE AI'PLZC~.~'I~JN ~ CI'~'~C ~E HA~T~~~ ~'LAN~~~ DEED
~D~ 4f~~ St E, ~as~ings, MN 55Q33 ~ Phone: G51.4~Q.2350 ~ Fax: ~5~.437.748Z
Address of Property: la Sp+Y~ ~i ct t,! ~a-c.~
Legal Description of Property:.. ,5~_.e. c~^~iP.(~(
Appiican~ Name: u.~~a ~ c4 ~ ~~~
Address; ~~~7 ...: ~cax. Z~ ..`._._.._. _~_~....,.. .~
~ ~~~ 3~
Phone: ~O ~ ~ ~ 5~• ~ ~ ~ ~
Fax: ~'t • ~~ • ~ ~.~ ~
E~naii: ~ . . ~~~ao~, ~;ca~
Property Qwner: ~~ ~ ~r~t'~ ~' ~
Add,~ess: ~+n
Phone:
Fax:
Email:
Description of Request ~t tb~ Ic~'1d+ ~tc~ b Nta+-,'Yta, v~'3u,td tike,.-~ dr~e,-~~ c,,,~t,~-#i~ c~.~
e sharbt'~ ~n c~ -t~bi~~- ~ t.~ its- ou~-~ -t
G c~ d ~ `ice ~.~+N/ ~ i i'tG~~' 5 ~f! '"
l'~'~t}~ . ~~S • w~.iC.f~~a~YL~i~{ nG r'~'0'V~'h`an -}~ Pr~t.~'~ irX~xti+ -1YiG-
If requesting site plan review of multi-family units (three or more attached), are the uni
intended to be for sale or rental units? _ t't/2
Check Applicable Line~s~ Please ?~ote~ All Fees and Escrows are due at time of applxcatron.
Rezone $500 _ Minor Subdivision $500
Final Play $60Q Special Use Pernut
k $500
~lariance $25Q Comp Plan Amend. $500
~laca Lion $400 _--~ Lod Splx.t/Loft Line Adj. $50
~-Iouse Move $50o Annexation $50o plus legal expenses
Prelim Plat $50Q + escrow EAw $500 plus $~,00Q escrow
Site Plan $50Q + escrow
Please see reverse side for escrow arnoun~s rewired.
Total Amount Due: $
Please ensure ghat alI copies cif rewired
ap~~ . at~.on Qr information.
!;/ 1 .~}
r, v~ ,; ~,~.•,.
.A ~ licant ~i afore Date
~ ~
~~ ~
Applicant I4~ame and Title -Please Print
~FF~CIAL UHF. ONLY
Fide # _ I~ec'd By:
Fee Paid; _~ Peceip~ ~
Make Checks payable to City of Has~ngs.
documents are attached. See reverse side of this
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l ;ff y~~ l'~,f fl''~
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~~wn~r Si' afore Dat
owner Nara e ~ Please Print
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Dafe Ree' d: _..__
App. Complete
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