HomeMy WebLinkAbout20101018 - VIII-B-2A ,r''
City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: Kari Barker, Associate Planner, AICP
Date: October 18, 2010
Item: Special Use Permit #2010 -34 — Kurt Saunders— Allow for expansion of a marina in
the Floodway District — 2 Spiral View Road
Council Action Requested:
The City Council is asked to adopt the attached resolution approving the expansion of a marina in
the Floodway District.
Background Information:
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.
Financial Impact:
N/A
Advisory Commission Discussion:
The Planning Commission voted (6 -1) to approve the marina expansion at its August 23, 2010,
meeting. Commissioners voted to recommend striking an eighth condition, which stated, "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. "
Council Committee Discussion:
N/A
Attachments:
• Resolution
• Site location map
• Slip Expansion Diagram
• Application
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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 adopted 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.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A SPECIAL USE PERMIT TO CURT SAUNDERS TO EXPAND
A MARINA IN THE FLOODWAY 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 August 23, 2010, 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) 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 maybe 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.
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 18, 2010, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Paul J. Hicks, Mayor
Melanie Mesko Lee, City Clerk
(City Seal)
HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Washington, Minnesota, on the 18 day
of October, 2010, 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 55033
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Land Use Application
Address or PID of Property: D-
Applicant Name: Uvr T Sg � YS
Address: keJ 1 ` , , R.'1 e r-t
rrAsut '4 -,\ 5 S 3 U 6
Phone: 6 DL - SD — T 3
Fax:
Email: 5o „c y�r(� C,) r-,� a s4,, V e.
Property Owner: S a pn-e—
Address:
Phone;
Fax: _
Email:
Description of Request: a I � LZ S' , f S — fa' y" VX-r-
If 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) Please Note: All Fees and Escrows are due at time of application.
Rezone
$500
Minor Subdivision
$500
Final Plat
$600
\ Special Use Permit
$500
Variance
$250
Comp Plan Amend.
$500
Vacation
$400
Lot Split/ Lot Line Adj. $50
House Move
$500
Annexation
$500 plus legal expenses
Prelim Plat
$500 + escrow
EAW
$500 + $1,000 escrow
Site Plan $500 + escrow
Total Amount Due: $ 500 C' } Make checks payable to City of Hastings.
Credit cards also accepted.
Please ensure that all copies of required documents are attached.
Applicant Signature Date Owner Signature Date
C uf+ S G v►" -e rg
Applicant Name and Title - Please Print
Owner Name - Please Print
OFFICIAL USE ONLY
File #
Fee Paid:
Recd By:
Receipt 4
Date Recd:
App. Complete