HomeMy WebLinkAboutX-C-01 Conditional Use Permit - Hubs Landing (6 Spiral View Loop)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: July 5, 2022
Item: Resolution - Conditional Use Permit 2022-45 – Marina – 6 Spiral View Loop
Council Action Requested:
Review the CUP (Conditional Use Permit) request for a marina in a Floodway District
(Chapter 151.04) and act on the attached resolution, acting as the Board of Adjustment
and Appeals.
Approval of the CUP requires a simple majority of present Councilmembers.
Background Information:
This request is to finish improvements (the last 11 boat slips) from an approved CUP in
2008. The review of a new CUP is required because the layout of the proposed slips has
changed from the original approval.
A CUP is essentially the same as SUP (Special Use Permit). The term CUP was included
in the model Floodplain Ordinance we adopted from the DNR.
Please see the attached Planning Commission staff report for additional information.
Financial Impact: N/A
Advisory Commission Discussion: The Planning Commissions recommend approval of
the CUP by a three to two vote (Nay: Peters & Teiken) at their June 27, 2022 meeting.
Some commissioners expressed concern over parking, possible drainage issues, and lack
of a site plan review.
Council Committee Discussion: N\A
Attachments:
• Resolution – CUP Marinas in a Floodway District.
• Planning Commission Staff Report, June 27, 2022
• Letter of Concern
• Marina Slip Owners Association Supporting the
Proposal.
• Supplemental Information from the Applicant
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF A MARINA IN THE FLOODWAY DISTRICT FOR HUB’S
LANDING LOCATED AT
6 SPIRAL VIEW LOOP, HASTINGS, MN
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Mark and Monica Frazer have petitioned for approval for expanding Hub’s Landing and Marina located in the Floodway District as regulated in City of
Hastings Chapter Section 151.04C.3. Floodway District, Conditional Uses generally
located at 6 Spiral View Loop, legally described follows; and
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 THE EAST & WEST 1/4 LINE OF SD SEC A DIST 51.5FT WEST FROM THE
CEN OF SD SEC 7 THN RUNNING SELY AT AN ANG OF 86DEG30' WITH SD E & W 1/4 LINE FOR A DIST
OF 1322.9FT M/L TO A PT ON NORTH LINE OF GOV LOT 4 SEC 7 WHICH PT IS THE BEG OF CEN LINE
HEREIN DESC THN CONT ON LAST ABOVE DESC COURSE FOR A DIST OF 150.6FT M/L THN DEFL TO
THE RT ON A 01DEG33' CURVE DELTA ANGLE 03DEG53' FOR A DIST OF 388.3FT THN ON A TANGENT
TO SD CURVE A DIST OF 735FT TO HEIGHT OF MISS RIVER & THERE TERMINATING EXC TO HWY EXC:
PARCEL 204 SP 8205 (61-3- 46-1) DESC AS TRACT A BEING THAT PART OF GOV LOT 4 SD SEC7 LYING
WLY OF WLY R/W LINE OF HWY 61 NOW LOC & EST WHICH LIES NELY OF LINE RUN PAR WITH &
DIST 50 FT SWLY OF LINE 1 DESC BELOW: BEG AT PT ON N LIN SD SEC7 A DIST 197.72 FT W OF N 1/4
COR THEREOF THN RUN SLY AT AN ANG 94DEG15'39" FROM SD N SEC LINE (MEAS FROM WEST TO
SOUTH) FOR 3034.23FT THN DEFL TO RT ON TANG CURVE HAVING A RADIUS 818.51FT A DELTA ANG
28DEG30'00" FOR 407.1FT THN ON TANG TO SD CURVE FOR 53.2FT THN DEFL TO L ON TANG CURVE
HAVING A RADIUS 818.51FT A DELTA ANG OF 38DEG03'00" FOR 543.6FT THN ON TANG TO SD CURVE
FOR 700FT AND THERE TERM SECTION 07 TOWNSHIP 026 RANGE 020
WHEREAS, on June 27, 2022 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 the City Council hereby approves the Conditional Use Permit 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,
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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.
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 July 5, 2022, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
__________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 5th day of July,
2022, as disclosed by the records of the City of Hastings on file and of record in the office.
________________________________
Kelly Murtaugh
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. E.
Hastings, MN 55033
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Planning Commission Memorandum
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(floodway is currently considered “the” zoning district of
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applicant’s engineer has stated and provided some calculations showing that the
that the proposed layout adequately supports that the proposal won’t cause a rise
Captain’s Cove
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Staff believes if all parking is occurring on site, 11 additional slips shouldn’t cau
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Letter was dropped off anonomously at City Hall
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Background:
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0 100'
SCALE IN FEET
196'
SET DOCKAT 40'
CLUB HOUSE
AREA TO BE DREDGED12,800 sf X 4' SEDIMENT1900 CY
EXISTING DREDGE SPOILAREA FOR DEWATERING (SEEEXISTING DREDGE PERMIT)
DNR PROTECTED WATERSLINE FROM WASHINGTONCOUNTY DRAWING
EXISTING 69 SLIPS
REMAINING 11 SLIPSTO BE INSTALLED
FIGURE 2 HUB'S LANDING AND MARINA LAYOUT2022-04-15 JWT
MAP PREPARED FROM ORIGINAL PERMIT ANDEAW DRAWINGS. HASTINGS BRIDGE LOCATIONFROM MNDOT DRAWING.
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Additional information:
• ~ Please see Figure 3 which depicts Hub’s parking lot configuration
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Parking lay out
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Emergency vehicle access
Storm water runoff:
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• Parking for slips
• Store-n-launch
• Season pass parking
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