HomeMy WebLinkAbout20071015 - VIII-B-2
VIII-B-2
Memo
To:
Mayor Hicks and City Council Members
From:
Kari Barker, Associate Planner
Date:
October 15, 2007
Subject:
Special Use Permit #2007-23 - Curt Saunders- Allow for a marina
in the Floodway District - 2 Spiral View
REQUEST
Curt Saunders seeks approval of a Special Use Permit to allow for a marina with fourteen
slips and a parking lot in the Floodw.ay District. The property is located at 2 Spiral View in
Washington County. There are no other buildings or structures being proposed at this
time.
RECOMMENDED ACTION
The Planning Commission met on the aforementioned item on October 8, 2007.
Commissioners discussed the following items:
· Portable restroom facilities
· Lighting that preserves the natural beauty of the river
· Tree preservation
· On site gasoline sales
· Location of the boat launch
· Dredging and the need for a channel
No one from the public spoke for or against the item. Commissioners voted 6-0 to
recommend approval subject to the conditions of the attached resolution.
TREE PRESERVATION PLAN
Staff had placed replacement of trees per the City of Hastings Tree Preservation Plan
as a condition of approval. However, Commissioners voted to remove the
recommendation as the site is heavily wooded and only 24 trees are proposed to be
removed. However, it is still the recommendation of the City Forester that these trees
be replaced in an effort not to set precedence.
Curt Saunders- Marina in the F-W District
City Council Memo- October 15, 2007
2
ATTACHMENTS
. Resolution
· Application
. Site Plans
· Information on the pump out system
· Approval letter from Army Corps
· Letter from Mark Frazier, owner of Hub's Landing and Marina
BACKGROUND INFORMATION
On June 25, 2007, the Planning Commission held a Public Hearing on this item. A
recommendation was not requested at that time due to numerous outstanding issues.
Army Corp of Engineers- Update
The Army Corp of Engineers has approved of the marina, provided the project receives
authorization by the DNR. A letter of approval from the Army Corp of Engineers is
attached.
DNR- Update
DNR rules indicate that the local government should first issue a Special Use Permit or
approval of the land use.
Zoning
The property is zoned F-W - Floodway. Marinas and docks are permitted in the Floodway
District with a Special Use Permit.
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The subject property is classified
Floodway.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction
North
East
South
West
Existin~ Use
Residential
Vacant (Highway 61)
HUBS Landing (marina)
Mississippi River
Zonin~
FW -Floodway
FW -Floodway
WAT- Water
WAT- Water
Comp Plan
Floodway
Floodway
WAT- Water
WAT- Water
SPECIAL USE PERMIT REVIEW
Special Use Permit Requirements- Floodplain
Chapter 13.04, Subd. 3 administers Special Use Permits in the Floodplain District and
requires that the following issues be satisfied:
Curt Saunders- Marina in the F-W District
City Council Memo- October 15, 2007
3
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 fill in a floodway requires further HEC 1/ analysis, which has been
completed.
2) Fill- 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.
The fill to be deposited in the f100dway will be utilized for the parking lot and
will not exceed the amount necessary for this purpose.
(2) Such fill or other materials shall be protected against erosion by rip-rap,
vegetable cover, or bulk heading.
This is a condition of approval.
(3) Dredge spoil sites and sand and gravel operations shall not be allowed in
the floodway unless a long-term site development plan is submitted which
includes an erosion/sedimentation prevention element to the plan.
The City of Hastings Consultant 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 1 DO-year or regional flood but only
after the City of Hastings has received an appropriate plan which assures
the removal of the materials from the floodway based upon the flood
warning time available. The Special Use Permit must be title registered
with the property in the Office of the County 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.
Curt Saunders- Marina in the F-W District
City Council Memo- October 15, 2007
4
(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 parallel 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 shall be elevated on fill or structurally dry flood proofed in
accordance with the FP-1 or FP-2 flood proofing classifications in the
State Building Code. As an alternative, an accessory structure may be
flood proofed to the FP-3 or FP-4 flood proofing classification in the State
Building 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;
(b) Service facilities such as electrical and heating equipment shall be
installed at or above the regulatory flood protection elevation for the
particular area or adequately flood proofed.
There are no structures being proposed on the property. The applicant
would need to obtain a Special Use Permit before placing a structure on
the property.
3.4 Storaqe 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 life 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 Garbaqe 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
floodway at existing sites.
Curt Saunders- Marina in the F-W District
City Council Memo- October 15,2007
5
Not applicable.
3.6 Structural Works for Flood Control.
Structural works for flood control such as levees, dikes, and floodwalls shall be
allowed only upon issuance of a Special Use Permit. A levee, dike or floodwall
constructed in the floodway, 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 5.58. 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.
Not applicable.
NEIGHBORHOOD COMMENTS-
Notification was sent to property owners within 350 feet of the proposed marina. A letter
was received from Mark Frazier, owner of Hubs Landing and Marina, indicating several
concerns regarding the proposed marina. Attached is this letter along with the City's
responses.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A SPECIAL USE PERMIT TO CURT SAUNDERS FOR
A MARINA IN THE FLOODW A Y DISTRICT
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, Curt Saunders has petitioned for a Special Use Permit for a marina in
a floodway as stipulated under Hastings City Code Chapter 151.04 on property legally
described as follows: All that part of Lot 3, Section 7, Township 26, Range 20,
Washington County, Minnesota, lying Westerly of the Hastings and St. Paul Wagon
Road, over and across said Lot 3, according to the Government Survey thereof; and
WHEREAS, on June 25, 2007, a public hearing on the Special Use Permit was
conducted before the Planning Commission of the City of Hastings, said hearing was
preceded by notification as required by state law, city charter and city; and
WHEREAS, the Planning Commission of the City of Hastings recommends
approval of the Special Use Permit to allow a marina in a floodway.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
That the City Council of the City of Hastings concurs with the recommendation of the
Planning Commission and hereby recommends approval with the following conditions:
1) Approval and compliance of requirements from the DNR.
2) Follow the requirements set forth by the Army Corp approval letter dated
September 14, 2007, which includes, but is not limited to: All excavated material
must be placed in the existing parking lot, dewatered within silt fencing, and then
hauled to a permanent upland location. In addition, any additional work within
the property limits would need to be reviewed by the Corps for potential wetland
areas.
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.
6) Such fill or other materials shall be protected against erosion by rip-rap, vegetable
cover, or bulk heading.
7) The applicant shall provide a Tree Preservation Plan approved by the City
Forester which includes identification of trees that will be removed and a plan
indicating how existing trees will be saved or protected during the project. The
City Forester may make a site visit to check on the execution of the Tree
Preservation Plan.
8) 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.
9) The docks must be located pursuant to MN rules regarding mooring facilities
6115.0211 subp. 4a, "a mooring facility shall be approved if the following
conditions are met: A. the mooring facility is designed in a compact fashion and
so that all mooring and maneuvering activities can normally be confined to an
area bounded by the property lines as extended into the public waters while
minimizing the surface area occupied in relation to the number of watercraft to be
served. "
10) All exterior lighting is required to be shielded down and away from adjacent
properties and right-of-ways.
11) Applicant shall submit a photometries plan. Illumination levels are limited to 0.5
foot candles at the property line and two foot candles at the entrances as required
in the Zoning Code.
12) All parking and drive aisle areas shall be constructed to city standards including
concrete curb and bituminous surfacing.
13) The trash and recycling enclosure must be fully enclosed on all four sides.
14) As a condition of approval, the City will need to review and approve any
temporary or mobile structure including, but not limited to, the pump out system.
15) The construction of or movement of any buildings onto the property would
require Site Plan Approval.
16) If any slip is occupied by a boat without an on-site bathroom, an on-site portable
restroom is required.
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 October 15,2007, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Paul J. Hicks, Mayor
Melanie Mesko Lee, City Clerk
(City Seal)
I HEREBY CERTIFY that the above is a true and COlTect copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of
October, 2007, as disclosed by the records of the City of Hastings on file and of record in
the office.
Melanie Mesko Lee, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 5503 3
LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
101 4th St E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082
Address of Property: "2 <5}> 112 ~ l V \ b UI
Legal Description of Property: ( S c &- PiTTA C JJ.. r; I) )
Applicant Name: C vV'+ S'q...v..J-et.>
Address: JkJ J 7\ M ~~.... ~: J,( rI.
fSu"""1 II :J L.... "" '" ~~ 1 0 ~
Phone: '/J..-3<J-x- ~/il:1
Fax:
Email: 5nJL~rct1C.......r..rl.l\.Li
Property Owner: .f" fl'--C-
Address:
Phone:
Fax:
Email:
Description of Request:
H requesting site plan review of multi-family units (three or more attached), are the units
intended to be for sale or rental units?
Check Applicable Line(s)
Rezone $500
Final Plat $600
Variance $250
Vacation $400
House Move $500
.JL Prelim Plat $500 + escrow
Site Plan $500 + escrow
Please Note! All Fees and Escrows are due at time of application.
Minor Subdivision $500 . ,
i Special Use Permit $500
Comp Plan Amend. $500
Lot Split/Lot Line Adj. $50
Annexation $500 plus legal expenses
EA W $500 plus $1,000 escrow
Please see reverse side for escrow amounts required.
Total Amount Due: $
Make Checks payable to City of Hastings.
Please ensure that all copies of required documents are attached. See reverse side of this
application for information.
C4-~
Applicant Signature
ClJr+ ~au""l~rS
Applicant Name and Title - Please Print
OFFICIAL USE ONLY
File #
Fee Paid:
5-} 7-(J 7
Date
(14- ~
S;--/)-.iJ7
Date
Owner Signature
c~#'+ ~ av""J~t'f
Owner Name - Please Print
. Date Rec'd:
App. Complete
03/28/05
Rec'd By:
Receipt #
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\. phone: (800) 900-PUMP (619) 298-3800. fax: (619) 298-3300
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IKd
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DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT. CORPS OF ENGINEERS
SIBlEY SQUARE AT MEARS PARK
190 RFTH STREET EAST. SUITE 401
ST. PAUL MN 55101-1638
REPlYTO
ATTENTION OF
Operations
Regulatory (2007-03535-CCB)
September 14,2007
Mr. Curt Saunders
1601 Timber Ridge Court
Bumsville, Minnesota 55306
Dear Mr. Saunders:
tIf
We have reviewed infonnation about your project to construct 14 slips and excavate 650
cubic yards of accumulated sediment in the Mississippi River. All excavated material must be
placed in the existing parking lot, dewatered within silt fencing, and then hauled to a pennanent
upland location. The project site is in Section 7, T. 26N., R. 20W., Washington County,
Minnesota.
Please note: Any additional,proposed work within the property limits would need to be
reviewed by the Corps for potential wetland areas regulated under Section 404 of the Clean
Water Act
This work is authorized by Department of the Army General Permit GP-OOI-MN. This
permit is for specific kinds of activities that are approved or permitted by the Minnesota
Department ofNaturaI Resources (DNR), and is not valid until your project receives DNR
authorization.
This project is undergoing concurrent review by several other agencies. Should there be
any objection by another agency, initiation of an individual Department of the Army permit
evaluation may be necessary. However, if you do n~t receive notice of an objection within 30
days of this letter, you may proceed with the project when you receive your DNR permit
PLEASE NOTE: No placement of dredged or fill material in wetlands is authorized by
this pennit. To avoid a possible violation of Federal law, you should ensure that your disposal
site is not located in wetlands.
The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
If your project will require off-site till material that is not obtained from a licensed
commercial facility, you must notify us at least five working days before start of work. A
cultural resources survey may be required if a licensed commercial facility is not used.
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DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
SlBlEf SQUARE AT MEARS PARK
110 RFTH STREET EAST, SUITE.w1
ST. PAUL MN 55101-1638
REPtVTO
ATTENTION OF
Operations
Regulatory (2007-03535-CCB)
Mr. Curt Saunders
1601 Timber Ridge Court
Bumsville~ Minnesota 55306
September 14,2007
Dear Mr. Saunders:
tI!
We have reviewed information about your project to construct 14 slips and excavate 650
cubic yards of accumulated sediment in the Mississippi River. All excavated material must be
placed in the existing parking lot, dewatered within silt fencing, and then hauled to a permanent
upland location. The project site is in Section 7, T. 26N., R. 20W., Washington County,
Minnesota.
Please Dote: Any additional proposed work within the property limits would need to be
reviewed by the Corps for potential wetland areas regulated Wlder Section 404 of the Clean
Water Act.
This work is authorized by Department of the Army General Permit GP-OO I-MN. This
permit is for specific kinds of activities that are approved or permitted by the Minnesota
Department ofNaturaI Resources (DNR), and is not valid until your project receives DNR
authorization.
This project is undergoing concurrent review by several other agencies. Should there be
any objection by another agency, initiation of an individual Department of the Army permit
evaluation may be necessary. However, if you do not receive notice of an objection within 30
days of this letter, you may proceed with the project when you receive your DNR permit.
PLEASE NOTE: No placement of dredged or fill material in wetlands is authorized by
this pennit. To avoid a possible violation of Federal law, you should ensure that your disposal
site is not located in wetlands.
The pennittee understands and agrees that, if future operations by the United States
require the removal, relocati~ or other alteratio~ of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
pennittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States.
No claim. shall be made against the United States on account of any such removal or alteration.
If your project will require off-site fill material that is not obtained from a licensed
commercial facility, you must notify us at least five working days before start of work. A
cultwal resources survey may be required if a licensed commercial facility is not used
Operations
Regulatory (2001-03525-DJS)
-2-
This Corps authorization requires that you comply with all conditions of the enclosed
permit and that you satisfy any limits and conditions of the DNR permit
The time limit for completing the work authorized ends upon expiration of the Minnesota
Department of Natural Resources authorization/approval for the work. The general permit
expires on May 15,2012, unless sooner revoked, reissued, or modified.
This letter contains an approved jurisdictional determination for your proposed project.
If you object to this determination, you may request an administrative appeal under Corps
regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP)
fact sheet and Request for Appeal (RF A) form. If you request to appeal this determination, you
must submit a completed RF A form to the Mississippi Valley Division Office at the following
address:
James B. Wiseman, Jr.
Administrative Appeals Review Officer
Mississippi Valley Division
P.O. Box 80 (1400 Walnut Street)
Vicksburg, MS 39181-0080
(601) 634-5820
(601).634-5816 (fax)
In order for an RF A to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by November 14,2007.
It is not necessary to submit an RF A form to the division office if you do not object to the
determination in this letter.
If you have any questions, contact Dan Seemon in our St Paul office at (651) 290-5380.
In any correspondence or inquiries, please refer to the Regulatory number shown above.
Sincerely,
~~S~
f1t/ Robert J. Whiting
Chief. Regulatory Branch
Copy furnished:
Molly Shodeen, MDNR
Summary of concerns from Hub's Landing & Marina,
regarding the proposed marina by Curt Sa unders.
Once again we would like to reiterate that we are in favor of Mr. Saunders
manna.
1. Slip layout. The present dock configuration violates Riparian rights, so that traffic
from the proposed marina will routinely travel across mooring space that is
permitted to Hub's Landing and Marina. In addition, the edge of the slips is only
20 feet from the property line, so no space exists to maneuver boats to turn, and
the passage from the launch to the channel is too tight.
tr12 Dr,lR is plc]cinfj (1 c:C)nciit1()n of
pCJfsuor1"1" lo tv\r\j ru!es regarcHnsJ
S["lCJ!1 be op~)r()vc?(j if i"(€:>
StC1tt;S; ;'The
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2. Boat launch. This is a major alteration to the shoreline, and we ask that it be set
back at least 20 feet.
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3. Proximity. We ask that the layout of the marina be more than 5 feet away from
the property line. In order to maintain a buffer between the properties, it falls
upon Hub's Landing & Marina to maintain a tree line on Hub's property. We also
have concerns about lighting because there is a residence on Hub's property
"..i>
C.~u(({:~n1"
The
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i-r-lc~ lc)ss of treE;S
In
~;rc)r)05c~d C1r()(] is
()f trec:s.
c_~ C'>('J(: E.:rr1S:
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C10f:)(C>VC1! thcd stcJtes,
;lrt\1! enC)f" nghtin~J is rec1L.Jirt-:d .te) be .shiekjed [j()Vvri c~ncl ('lv/oy
f:)rC)f-)(;rties Cir1ej righ t".~c)f -\t\JC1YS.;~
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Q(jJc]cen'
"Applieanr shan subrnit a photometries plcli1- illumination are lirnitedio 0.5
foet candies at the property line ond two foct candles 01 the entrances as
re(~ulred the Zc)ning (:0(18.'~
4. Trash dumpsters. We ask that dumpsters be set on the north side of the parking
lot rather than along the property line.
The is plC1C;!ng a condit1on of approval tt-lc~t stcites, HThe
enclosure must be fuHy enclosed on o!l four sides _"
cAnd recycnng
5. Dredging. The present plan for dredging is unrealistic, and will cause boats to
maneuver towards Hub's because of the more favorable water depths. We ask
that this plan include dredging of the proposed marina harbor, with a channel
cut toward the river. There has been no mention pertaining to the silt caused by
dredging in this area flowing down stream into Hubs Landing and Marina.
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6. Waste pump and tank. These systems put off a strong odor when in operation.
We ask that this system be as far away from the property line as possible.
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7. Increased Electrical. With the amount of electricity needed for the proposed
marina, a transformer and electric poles will be needed. We ask that the plan
include a rerouting of the electric lines to go to the Saunders property and not
be routed through Hub's, as it is presently.
is Cl(-:
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We question why, when Mr. Saunders has 6 acres to work with,
everything is planned to be as close to the south property line as
possible. If the overriding concern is tree removal, new trees could
be planted. We are very concerned with the trees along our two
property's being removed. The forestry diagram presented by Mr.
Saunders does not show these trees.