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City Council Memorandum
To:Mayor Hicks & City Councilmembers
From:Kari Barker, Associate Planner, AICP
Date:November 1, 2010
Item:Reauthorize Resolution 01-09-09:–Mark and Monica Frazer–Allow for expansion
of a marina in the Floodway District –6 Spiral View Road
Council Action Requested:
The City Council is asked to reauthorizethe attached resolution allowing the expansion of a
marina in the Floodway District at 6 Spiral View Road.
Background Information:
On August 8, 2008, the City Council adopted a resolution recording a negative declaration on 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 City Council approved the Special Use Permit at its January 5, 2009 meeting. Due to the
uncertainty of the scope of the bridge work, the project was not completed. The owner of Hub's
desires to complete the work at this time in conjunction with some of the work being completed
on the bridge.
Mark and Monica Frazer, owners ofHub’s Landing and Marina, seek approval of a Special Use
Permit to allow for expansion of a marina in the Floodway District. Hub’s Landing and Marina
proposes to add 30 slips. The current launch business will be discontinued with the addition of
these slips.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
The Planning Commission held a public hearing at its December 22, 2008, meeting. No members
of the public spoke to the issue. The Planning Commissionvoted 6-0 to approve the Special Use
Permit for Mark and Monica Frazer for the expansion of a marina in the Floodway District.
Attachments:
Resolution
Application
Site Location Map
Slip expansion diagram
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. 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 Existing Use Zoning Comp Plan
North Captain’s Cove (marina) FW-Floodway Floodway
East Highway 61 (vacant) FW-Floodway Floodway
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 Floodplain 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 fill in a floodway requires further HEC II 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.
This is not applicable to this phase of development plans.
(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 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.
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 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 new structures being proposed on the property. The
applicant would need to obtain a Special Use Permit before placing a
structure on the property. The DNR is requiring an elevation certificate
signed by a PE or registered land surveyor documenting the low floor of
the existing trailer.
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 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 Garbage 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.
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.
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
REAUTHORIZINGRESOLUTION 1-09-09 FOR ASPECIAL USE PERMITTO
ALLOW FOR THE EXPANSION OF A MARINAIN THE FLOODWAYDISTRICT
FOR HUB’S LANDINGLOCATED AT6 SPIRAL VIEW ROAD, HASTINGS, MN
Council member ___________________________ introduced the following Resolution and
moved its adoption:
WHEREAS
,Mark and Monica Frazerhavepetitioned for approval to expand Hub’s
Landing and Marina located inthe Floodway District generally located at 6 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 FOLL: BEG AT PT
ON THEEAST & WEST 1/4 LINE OF SD SECA DIST 51.5FT WEST FROM THE
CEN OF SD SEC 7 THN RUNNING SELY AT AN
WHEREAS
,onDecember 22,2008,review was conducted before the Planning Commission
of the City of Hastings, as required by state 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 theCity 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 prohibitedunless it is
removed or anchored in case of a flood.
5)Storage of other material or equipment may be allowedif 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)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 November 1,2010,by the following vote:
Ayes:
Nays:
Absent:
ATTEST:__________________________
Paul J. Hicks, Mayor
________________________________
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
st
adopted by the City of Hastings, County of Dakota, Minnesota, on the 1day of November 2010,as
disclosed by the records of the City of Hastings on file and of record in the office.
________________________________
Melanie Mesko Lee
(SEAL)
City Clerk
This instrument drafted by:
City of Hastings (KSB)
101 4th St. E.
Hastings, MN 55033