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HomeMy WebLinkAbout2000-09-07 NAC Planning ReportN INC PLANNING REPORT FILE: 798.02 — 00.10 INTRODUCTION Attached for Reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Tom Melena FROM: Jason Lindahl 1 Scott Richards DATE: September 7, 2000 RE: Oak Park Heights — Sunnyside Marina Conditional Use Permit (CUP) and Planned Unit Development (PUD) The applicant, Sunnyside Marina, is requesting a conditional use permit and an amendment to their existing planned unit development to allow the reconstruction of their existing marina on the St. Croix River. The subject property is located at 6413 St. Croix Trail North and is zoned R-3, Multiple Family Residential District. A conditional use permit is necessary in this case because private marinas and boat storage facilities are conditionally permitted uses in the R-3 District. Site Location Map Existing SIip Layout Proposed SIip Layout Letter from DNR Regarding Permit Amendment When complete, the reconstructed marina will contain 260 slips and 17 tie-on sites. Of the 260 slips, 90 will be covered. This is within the limits of the marina's Department of Natural Resources (DNR) permit, which allows 278 total slips. Piers two, four, five, and Dock M will extend beyond the boundaries of the existing marina. The DNR has approved the amended permit in that the new facility will still occupy the same square footage as the existing marina. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@ WINTERNET.COM Proposed Timetable for Rebuilding Sunnyside Marina Pier 1 Reconstruction Complete Pier 2 Occupy by Spring 2001 Fueling Dock Usable by Spring 2002 Docks M and N Occupy by Spring 2003 Piers 3 and 4 Occupy by Spring 2004 Piers 5 and 6 Occupy by Spring 2005 The applicant plans a staged reconstruction following the timetable below. The marina members have approved the plans for piers 1 and 2, and the fueling dock. In the future, members wilt need to approve plans for the remaining sections of the marina. Should these future plans vary from the current proposal, the applicant will need to apply for an amended P U D. ANALYSIS Only the fueling dock portion of this proposal will require a building permit. To receive this permit, the applicant will be required to submit detailed plans to the City Building Official for his review and approval. In addition, any permits required from the Minnesota Pollution Control Agency, EPA or fire officials would be required at this time. Some excavation and shoreland stabilization will be necessary as part of the reconstruction of the fuel dock area and pier 6. The applicant has received preliminary permitting for this project from the DNR. Excavation and shoreland stabilization of this area will require detailed plans and wilt meet the guidelines of the DNR permit. Comprehensive Plan. This area is designated as commercial for the marina and high density residential for the Sunnyside Condominiums. The land use designation is consistent with the commercial nature of the marina. Zoning. Section 401.27.E.2 outlines the criteria to weigh when considering a marina as a conditional use in the R ®3 District. These are listed below. 1. Sufficient off - street parking area is available to accommodate all marina facility users on-site in designated and improved Tots. Finding: The marina has an existing bituminous parking area. No changes are proposed for either the number of slips or the number of parking spaces. The parking requirement for the marina is 195 parking spaces. The lot is striped for a combination of boat and vehicle parking. Over 220 stalls currently exist on the site. 2. All off - street parking and outside storage areas are fenced and screened in accordance with Section 401.15.E of this Ordinance. Finding: The applicant is not proposing any changes in screening or landscaping as part of this application. The existing conditions of a high density residential area adjacent to the marina are considered unique in that the views of the marina and water are considered an asset to the residential use. 3. Written approval from the State Fire Marshall, Federal Environmental Protection Agency, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources is obtained for any on or off -water fueling facilities. Finding: According to the applicant, they have a permit from the Minnesota Department of Natural Resources for the new fueling facility. When the fueling dock is constructed, the applicant will be required to receive a building permit from the City and any other state and federal permits that are required. The Fire Chief will require stand pipes for fire protection on the piers. The applicants will work with the Chief on a plan for installing stand pipes on each of the piers. RECOMMENDATION Staff recommends approval of a conditional use permit and amended planned unit development for the reconstruction of the Sunnyside Marina located at 6413 St. Croix Trail North. This recommendation is based on the findings contained in this report and subject to the following conditions. 1. The CUP/PUD approvals are granted based upon the five year timeline for project completion. No additional amendments are required unless the site plan or timeline is substantially revised. 2. The applicant will work with the Fire Chief on locations for fire protection stand pipes on all of the new piers and docks. 3. The applicant will secure, and remain in compliance with, all necessary City, State, and Federal permits. 4. All excavation and shoreland stabilization as part of this project shall be completed as per the DNR permit and specifications for construction. 5. The applicant must submit all plans and specifications for the fueling dock to the City Building Official for his review and approval. pc: Kris Danielson UMW 111111,11111 111111111 1111111M 11111E 11111111 VII 11111111111 1111 1111111 1111111MR 111111111111 1111111111111111111 111111111111 111111= 111111 111111111111 111111111111 111111111111 1111H1111111 11 111111111111 111111M111 11111 11 111111 11 11 M111111111 11111111111 111111111111 S 111111111LI 11191111111 111111 11111 11111111111 11111M1111 1111111M 11 111111 11 11 1111110111 111 11111 i OLI Mitalirnir"" -- igenrek,„, _ pudilmiMummorn 1 unum dim. ..., wol EMU ICIIMINStAirAiite bliko.. ..S mom -1,0 11111111111 \a EXHIBIT A f • 50' Wit) STORM SEWER EXHIBIT B e go 156 e6a ,Eg 0_ a) cv 0Q *2 R f lOcT E r !a , \A ‘\-0 \oil\ % , ' ?V\11:7!\- c\l\''T\ \'`t.M7Til-VV\ 0 �n zp, ffiEF. 0) 0 z d az wg OU1 z 0 0 z [I "L 1•il rw]Cl /L2 /P] oo'(q +.4'1 `2 11111 � {p[LY['L�OY7�'!f Hy EXHIBIT C August 16, 2000 Mr. Todd Butterfield Sunnyside Marina 6413 St. Croix Trail North Stillwater, MN 55082 Re: Amended Permit #79 -6220, St. Croix River, Marina Dear Mr. Butterfield: Enclosed in an amended permit that allows conversion of previously permitted tie- alongs into slip mooring spaces. The docks will be reconstructed over the next 5 years to provide the mooring spaces within the existing footprint of the marina. This permit also authorizes excavation of old fill areas and the construction of shoreline stabilization structures as shown on Attachment B. Please note the Special Provisions carefully. Any maintenance dredging or reconfiguration requires prior approval by the DNR. You are not authorized to begin any of the excavation or shore stabilization structures until detailed plans are approved by the Metro Region office. The City of Oak Park Heights has advised us that they will require an amended P permit. Please contact Jim Butler at the City if you have not already begun their process. If you have any questions, please call Molly Shodeen or Dale Homuth at (651) 772 -7910. Sincerely, Linc Stine, Administrator Water Management Section Minnesota Department of Natural Resources City of Oak Park Heights Washington Soil and Water Conservation District U.S. Army Corps of Engineers, Dan Seemon Middle St. Croix Watershed District Buck Malick, MI-WI Boundary Area Commission Barr Engineering, Len Kraemer 5010 Lafayette Road St. Paul, Minnesota 55155 -4() DNR Information: 651 - 296 - 6157 * 1 888 - 646 - 6367 TTY: 651 An Equal Opportunity Employer Who Values Diversity DNR Conservation Officer, Chad Sherack DNR Fisheries, Dave Zappetillo DNR Wildlife, Bob Welsh DNR Central Waters, Steve Johnson DNR Central Waters, Ron Anderson Lake St. Croix (82 -1) File P on Recycled Paper tor $ Minimum of 1O% Post - Consumer Waste EXHIBIT D MA- *273.3 -05 • RTGIOi■ 6 REV. partintilit of Division of Pursuant to Minnesota Statutes, Chapter 1030, and on the basis of statements and information contained in the permit application, Ietterc, naps, and plans submitted by the !leant and other su data, all of which are made a ' _ hereof reference, PERMISSION IS HEREBY GRANTED to the . ' licant to . orm the work as authorized below Protected Water T i Name of Perrnittee Authorized Work Lake St. Croix (82 -1P) Purpose of Permit Marina Facility d INNESOTA PROTECTED WA1 Natural Resources S unnys ide Marina, coo Todd Butterfield Address (No. & Street, RFD, Box No. City, State, Zip Code) 6413 St. Croix Trail North, Stillwater, MN 55082 PERMIT Maintain marina facility with a watercraft mooring space, and slip total not to exceed 278, in accordance with the slip layout shown on Attachment B of this permit; and in accordance with application materials received May 17, 2000 and the amended Special Provisions of this permit. Property Described as: Section 34, T3ON-R2OW, Washington County Address °Property, if Knower: Government Lot 3 As Indicated in General Provision No. 11: The Ordinary High Water Level: Flat Pool 675.0' (4LJI, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 2. This permit is not assignable by the permlttee except with the written count of the Commissioner of Natural Resources. County Was AMENDED Permit Number ...... ... Telephone Number (include Area Code) (651) 439m2118 Expiration Date of Penn t N/A 1. The pennit#ee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies including, but not limited to, the U.S. Army Corps of Engineers, Board °Mater and Soil Resources, MN Pollution Control Agency, watershed districts, water manages organizations, county, city and township zoning. This permit does not release the permittee of any permit requirements of the St, Paul District, U.S. Army Corps of Engineer, Army Corps of Engineers Centre, 190 Fifth Street East, St. Paul, MN 55101 -1638. 3. The permlttee shall notify the Area Hydrologist at least five days in advance ofthe commencement ofthe work authorized heramder and notify him ofits completion within five days. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. The penult#ee shalt make no changes, without written permission previously obtained from the Comtniss€oxr of Natural Resources, in the dimensions, capacity, or location of any items of work authorized hereunder. 5. The permittee shall grant acs to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the intere of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under- this permit shall be completed on or before date specified above. The permittee any request an extension of time to complete the project., stating the reason thereof, upon written request to the Commissioner of Natural Resources` " s. _. in all cases where permit#ee by perforx e work authorized by this permit shall involve the taking, , or damaging of any propedY rigs or ' fany other p e r s o n or persons, or of any publicly owned Ian. or improv is the on or interests therein, the tore proceeding, shall obtain the written cow of all peron& agencies, cc authorities concerned, and shall acquire all pity, rights and interests need for the work. 9. This permit is permissive only. No liability shall be imposed by the State of Mikzesota or any of its officers, agents or empkeyeee, officially or pessonally, on account of the granting hereof or on account of a n y damage to any person or p l y resulting f r o m any actor omission ofthe pernatte or any of its agent , employees, or contracteine This permit shall not be construed as estopping or limiting any legal claims or right of anion of any person other than the state against the personate, its agents, employees, or for any damage or injury resulting from any such act or omission, or u estopping or limiting any legal claim or right °f action of the state against the pertnittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 10. Any extension of the surface of public waters resulting from work authorized by this putt shall become protected waters and left open and unobstructed for use by the public. 11. No material excavated by authority of this permit nor material from any other source, except as spewed besein, shall be placed on any portion of the bed of said waters which lies below (as indicated above.) 12. Where the wd c authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction., the permittee shalt not initiate any work under this permit until the permittee has obtained official approval from the responsible governmental unit u required by the Minnesota Wetlands Conservation Act of 1991. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban Areas Best Mana ement Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re- dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. 2. Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond the construction site. This sediment curtain shall be constructed and maintained as illustrated on the enclosure entitled "6.6 Flotation Silt Curtain." The barrier shall be removed upon completion of the work after the silt has settled. 3. Future maintenance excavation of this project sh ' ll not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, perm ittee shall advise the Department of Natural Resources, in writing, of the volume of material to be removed, the naat er of removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced until the Permittee's recei st, of the De +artment`s a s . royal. 4. Excavated materials :rust be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the protected water by reasonably expected high water or runoff 5. Excavated material shall not be permanently placed within community designated flood plain areas or shoreland areas, unless all necessary local permits and approvals have been obtained. See Attachment A: Special Conditions continued City of Oak Park Heights Washington Soil and Water Conservation District U.S. Army Corps of Engineers, Dan Seeman Middle St. Croix Watershed District Buck Malick, 1\EWI Boundary Area Commission Barr Engineering, Len Kraemer John Line Stine SPECIAL PROVISIONS Administrator, Water Management Section DNR Conservation Officer, Chad Sherack DNR Fisheries, Dave Zappetillo DNR Wildlife, Bob Welsh DNR Central Waters, Steve Johnson DNR Central Waters, Ron Anderson Lake SL Croix (824) File ate 6b SPECIAL PROVISIONS continued ATTACHMENT A AMENDED PERMIT #79 -6220 SIJNNYSIDE MARINA 6. St. Croix River. (MnDOTIThe Contractor/The Applicant) shall ensure that all equipment used for water resource projects in the St. Croix River has been adequately decontaminated for zebra mussels prior to being used. All equipment including but not limited to tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. The (MnDOTIThe ContractorlThe Applicant) shall use the following irispection and removal procedures for decontamination. a. Drain all water from boats, trailers, bilges, live wells, coolers, bait buckets, engine compartments and any other areas where water may be trapped. b. Inspect boat hulls, propellers, trailers and other surfaces, scrape off any attached mussels, remove any aquatic plant material (fragments, stems, leaves, or roots) and dispose of removed mussels and plants in a garbage can prior to transporting any equipment on public roads. c. Flush boats (inside and outside) and all other equipment with hot water of 105 - 110 degrees F for a period of 30 minutes or 140 degrees F for a period of 5 minutes; or, instead of flushing equipment, leave the equipment in a location so that it dries completely for a minimum of at least 5 consecutive full days. 7. No tie-alongs shall be allowed at the ends of piers 1 through 6. S. No activity affecting the bed of the protected water may be conducted between March 15 and June 15, to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager, at 651 - 772 -7950. 9. Any additions or re-configuration of the structures must be authorized by amendment to this permit. (Future dock repair and replacement may be authorized by the Area Hydrologist upon receipt of written request.) Structures shall be maintained in good condition. The structures shall not be constructed with materials that would have a detrimental impact on aquatic organisms or water quality. No increase in over-water mooring will be allowed. 10. Each slip in the marina shall be limited to the mooring of one watercraft. 11. If applicable, closed -cell foam or "tub" type flotation is required. 12. If the St. Croix Rules are amended to allow permanent pilings for off -shore marinas, the proposed pilings may be installed in accordance with the May 17, 2000 plan. 13. Once the detailed plans for the excavated areas are completed, they must be submitted to the DNR fora mudrnum of a 3O review.