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HomeMy WebLinkAbout3 - CUP Hubs landing Marina To: Planning Commission From: Justin Fortney, City Planner Date: June 27, 2022 Item: Conditional Use Permit 2022-45 – Marina – 6 Spiral View Loop Planning Commission Action Requested: The Planning Commission is asked to hold a public hearing and review the CUP (Conditional Use Permit (essentially the same as a SUP) request for a marina in a Floodway District (Chapter 151.04) 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 CUP on January 5, 2009 and reauthorizing on November 1, 2010 authorizing the marina with the addition of 30 new slips. Between then and now, about 2/3 of the slips were installed. The applicant is proposing to locate the last 11 slips closer to the shore to the south. This modification to the operation requires a new CUP. The original location of the final 11 slips was to be located on the south end of the long double sided dock, but that section takes a great deal of strain due to river conditions. Comprehensive Plan Classification The 2040 Comprehensive Plan designates the property as Commercial Zoning Classification The subject property is zoned Floodway. The proposed use is allowed with a CUP, as outlined below. 151.03A.1.Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Maps. 151.04 C. Conditional Uses. Planning Commission Memorandum 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. D. Standards For Floodway Conditional Uses. 1. All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. All floodway conditional uses shall be subject to the procedures and standards contained in §151.10(D) of this Ordinance. 3.The conditional use shall be permissible in the underlying zoning district if one exists. (floodway is currently considered “the” zoning district of the official zoning map) 4.Fill. a. Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. b. 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. c. As an alternative, and consistent with Subsection (b) 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 has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder. Review The proposed use is being reviewed due to the configuration change of a previously approved marina expansion CUP. The use is still allowable with possible conditions. The amount of capacity (11 slips are proposed to complete the original plan) is limited to parking capacity and assuring no adverse flooding impacts. Additionally, the DNR and Army Corps of Engineers will assure the proposal will not interfere with navigability, flow, flood related impacts, necessary dredging operations, etc. All of these items were reviewed and approved for the original proposal. The modification of the slip layout could have an impact on the original findings. The applicant’s engineer has stated and provided some calculations showing that the proposed layout will have less of an impact than previously proposed. His contention is that the location of the relocated dock will have less of an impact on flood levels and flow in the river than previously approved because it will be moved further from the flow line and protected by the existing upstream structures. The DNR Floodplain (NFIP) Manager agrees that the proposed layout adequately supports that the proposal won’t cause a rise in the flood elevations, as previously determined. The Minnesota Department of Transportation reviewed the proposal and stated they have no concerns since the project is outside their right-of-way and at least 40-feet from the bridge. 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 Commercial East Triplex FW-Floodway Commercial South Mississippi River WAT- Water WAT- Water West Mississippi River WAT- Water WAT- Water Conditional Use Permit Review The purpose of reviewing CUPs are to determine if any special conditions are necessary to assure safe and consistent operation in the area. Parking The current parking areas are unimproved. There is not a specific number of spaces defined for cars. The original CUP to add the 30 slips onto the existing 50 was approved without requiring additional parking because they were discontinuing the fee based public launch. They still have no launch available to the public, but do sell 12 launch passes per year and have 25 possible marina members with trailered boats parked at the site for launching as they wish. Not all of those storage/ launch memberships are sold. There have been many cars parking on the street in front of the two marinas. This had caused an issue with getting boat trailers in and out of the site, so the city installed some no parking signs near the subject marina entrance at the request of the applicant. The applicant states the vehicle parking on the street are not affiliated with the subject property. Staff raised concerns about parking with the applicant who responded as follows: - We have space available for car parking related to the future 11 slips and even more if needed. If at any time we feel that parking is moving off site, besides reconfiguring, we will limit the number of season passes and store and launch even more. - There are 84 cars approximately (not counting space for store/ launch or season pass parking) Does the city have a parking requirement for number of slips? Staff: No, there is nothing specific to slips and some other situations that arise, but all vehicles should be parked on site for normal business operations. - We stack our parking at the marina so each party uses a single parking slot for the cars they bring down that day. We have parking slots that stack up to 3 (a couple even 4) vehicles. Not all our boaters are at the marina at one time; over the past 20 years we have had adequate parking on our property for our boaters and guests. In the past, we had issues on Rivertown days when people not affiliated with the marina use the street and our facilities to watch the fireworks, but now that the fireworks are located near the railroad bridge, we do not have that problem. Staff believes if all parking is occurring on site, 11 additional slips shouldn’t cause an issue if the number of the two launching passes can be lowered, as may be needed. Building improvements None proposed Notice Notice was published and sent to property owners within 350-feet of the subject property. No comments have been received at this time. Recommendation Staff recommends approval of the request as presented, subject to the following conditions: 1) City (and state when applicable) review and approval of any utility expansion or work. 2) 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. 3) 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. 4) Such fill, temporary dredging spoils, or other materials shall be protected against erosion by rip-rap, vegetable cover, or bulk heading. Such fill or other materials to receive and comply with all required city and DNR requirements and permits. 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) Use of the property shall be limited to no more than 80 slips. No more than 12 launch passes and 25 marina storage and launch memberships shall be granted. Public launching beyond shall be prohibited. 7) Parking that cannot be accommodated on site will require the reduction of existing services until off street parking becomes adequate. parking expansion with approval may also be allowed. Attachments: • Aerial Map • Photographs • Proposed plans Dock Location Parking Prior to stockpiling the dredge material in the dewatering area, silt fence or a gravel berm will be installed between the dewatering area and the river to prevent sediment from entering the river (see red line in Figure 1). Once the dredge material has dried sufficiently, it will be loaded to trucks and hauled as stated above. Dredging is anticipated to be completed yet this year if water level conditions allow. Originally proposed slip layout from 2009 application approval Current explanation of change from applicant