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Home My WebLink About#4 Special Use Permit Captain's BayMemo To: Planning Commission Members From: Kari Barker, Associate Planner, AICP Date: August 23, 2010 SubjectSpecial Use Permit #2010-34 – Kurt Saunders– Allow for : expansion of a marina in the Floodway District – 2 Spiral View Road REQUEST Kurt Saunders, owner of Captain’s Bay, seeks approval of a Special Use Permit to allow for expansion of a marina in the Floodway District. Captain’s Bay proposes to add 4 slips to ad existing 14 slips. The addition of slips does not interfere with the proposed bridge expansion area. The property is located at 2 Spiral View in Washington County. There are no other buildings or structures being proposed at this time. BACKGROUND INFORMATION In 2007, the City of Hastings granted a Special Use Permit for fourteen slips and a parking lot at the site. On September 7, 2010, the City Council will be asked to adopt a resolution recording a negative declaration on the need for an Environmental Impact Statement for Captain’s Bay. 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. 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 2030 Comprehensive Plan. The subject property is classified Floodway. Parking Parking upgrades are not triggered under the ordinance. Lighting There is no new exterior lighting proposed at the marina. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Residential FW-Floodway Floodway East Vacant (Highway 61) FW-Floodway Floodway South HUBS Landing (marina) WAT- Water WAT- Water West Mississippi River WAT- Water WAT- Water SPECIAL USE PERMIT REVIEW Special Use Permit Requirements- Floodplain Chapter 151.04, Subd. C (3) administers Special Use Permits in the Floodplain District and requires that the following issues be satisfied: (D)Standards for floodway special uses. (1)All uses. No structure (temporary or permanent) fill, (including fill for roads or levees), 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 affects the capacity of the floodway or increases flood heights. Consideration of the effects of a proposed use shall be based on the reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all floodway special uses shall be subject to the standards contained in this chapter and the following standards. This is not applicable to this phase of development plans. (2)Fill. (a) 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. (b) The fill or other materials shall be protected against erosion by rip-rap, vegetable cover, or bulk heading. (c) 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. (d) As an alternative, and consistent with division (D)(2)(c) 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 100-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. This is not applicable to this phase of development plans. (3)Structures (temporary or permanent). (a) Structures shall not be designed for human habitation. (b) Structures shall have a low flood damage potential. (c) 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: 1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and 2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (d) 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: 1. 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 2. 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 new structures being proposed on the property. The applicant would need to obtain a Special Use Permit before placing a structure on the property. (4)Storage of material and equipment. (a) 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. (b) 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. (5)Garbage and solid waste disposal. (a) No special use permits for garbage and waste disposal sites shall be issued for floodway areas. (b) Provided further, there shall be no further encroachment upon the floodway at existing sites. Not applicable. (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 Not applicable. NEIGHBORHOOD COMMENTS Notification was sent to property owners within 350 feet of the proposed marina. One comment has been received supporting the expansion. RECOMMENDED ACTION Approval of the site plan is recommended subject to the following conditions: 1) Approval and compliance of requirements from the DNR. 2) 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. 3) 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. 4) 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. 5) 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. 6) The construction of or movement of any buildings onto the property would require Site Plan Approval. 7) Recording a Negative Declaration on the Need for an Environmental Impact Statement by the City Council. 8) The area identified on the Slip expansion diagram as “existing gravel area for overflow parking” cannot be used for parking of cars or boats unless it is brought up to City parking lot standards. The Special Use Permit can be revoked if the gravel area is used as a parking lot. ATTACHMENTS Application Site Location Map Slip expansion diagram