05.b Shoreland Amendment for Public Amenity Wetland Encroachment - PC Packet
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Date of Meeting: November 4, 2025
To: Chair Loeffler and Members of the Planning Commission
From: T.J. Hofer, Consultant City Planner
Re: Shoreland Ordinance Amendment for Public Amenity Impervious Surface
Encroachments
City staff have prepared a Shoreland Ordinance amendment to allow for public amenities to
encroach into the setback of wetlands.
BACKGROUND
In September, the City Council approved the preparation of plans and specification for the
Scandia Heritage Alliance Trail Project. While reviewing the trail alignment, a conflict with the
shoreland ordinance was identified.
Ordinance 198, also known as Chapter 155, Shoreland Management Regulations (“Shoreland
Ordinance”) establishes standards for wetland setbacks that include impervious surface setbacks.
The proposed trail alignment goes between the existing City Hall and the wetland located to the
southwest. This location would create a nonconformity and require a variance. Staff is instead
proposing an amendment to the Shoreland Ordinance to create a definition for “water-oriented
public amenity” and allow for an exception for public amenities to encroach into wetland
setbacks.
Local governments with shoreland must have a shoreland ordinance that complies with the
state’s shoreland rules. The shoreland rules apply to public water bodies and not wetlands, which
are governed under the Wetland Conservation Act. The city’s standards for wetland setbacks are
a higher standard than required by state standards. The DNR Area Hydrologist has stated that the
proposed amendment does not require DNR approval.
OVERVIEW OF DRAFT ORDINANCE
The following language in the ordinance is shown with removed text as red strike through, added
text as red underlined, and moved text as green strikethrough and underlined.
(31) Public amenity, water-oriented. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and
intended for the use and passive enjoyment of a water resource by the general
public. This may include, but is not limited to, trails, gazebos, and docks.
Structures such as office buildings or storage buildings and impervious surfaces
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such as sports courts or outdoor recreation uses shall not be considered a public
amenity.
Section 1 of the ordinance amendment creates the definition for water -oriented public amenity.
This definition was written to be restrictive as to what it can apply to as the intent is not to allow
for improvements on private property to be considered a water-oriented public amenity, so it
must be on public land and available to use by the general public, rather than an improvement
such as a trail within a subdivision restricted to private landowners within the subdivision.
6.4 Placement, Height, and Design of Structures and Impervious Surfaces.
B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment
systems must meet the following setbacks from the delineated boundaries of
wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications
are based on the Wetland Management Classification System defined by the
Minnesota Board of Water and Soil Resources (BWSR) and the application of
the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland
Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be
completed with wetland delineations for determination of setbacks.
Water Body Structure Setback
Requirement
Sewage Treatment
System Setback
Preserve Wetland 100 100
Manage 1 Wetland 75 75
Manage 2 Wetland 50 75
Manage 3 Wetland 25 75
Lake or wetland is a groundwater-
dependent resource 100 100
If a stream is a groundwater-
dependent resource 150 150
(1) Setbacks shall not be required for wetlands that are less than 400 square feet
in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in
area if approved by the City and if the wetland is isolated and determined to
have no direct surficial connection to a public water.
(2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100
square feet, or on up to 5% of the structure setback area, whichever is
greater.
(3) Wetland setbacks shall not be required for water bodies exempted from
wetland replacement requirements in Minnesota Rules 8420.0420, including
public drainage systems, restored or created wetlands, and wetlands impacts
due to utility projects.
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(4) Wetland setbacks shall not be required for structures and impervious
surfaces that meet the definition of a water-oriented public amenity, as
defined by this ordinance, provided that:
(a) The water-oriented public amenity has an approved No-Loss
Minnesota Wetland Conservation Act Notice of Decision.
(b) The public amenity meets all relevant standards related to
stormwater management and control.
(c) The public amenity is issued a permit by the relevant watershed
district, or, the relevant watershed district states a permit is not
required.
Section 6.4 0has been amended exempt structures and impervious surfaces that are public
amenities from wetland setbacks provided standards are met. The standards require a no loss
WCA NOD, that all stormwater management and control standards established by the city are
met, and that the structure or impervious surfaces receive a permit or notice a permit is not
needed, from the relevant watershed district. Combined, these standards mean that the public
amenity will not have an impact on wetlands or the impacts are temporary. The standards also
require approvals that are reviewed by entities outside of the city, to ensure all applicable
standards are met.
COMMISSION ACTION
The Planning Commission can do one of the following:
1. Recommend approval, with or without conditions, of the attached resolution.
2. Recommend denial, with findings, of the attached resolution.
3. Table the request for further review/study.
RECOMMENDATION
Staff recommends that the Planning Commission open a public hearing and receive any and all
comments from the public.
Staff recommend the Planning Commission recommend approval of the ordinance amendment
regarding public amenity impervious surface encroachments, with any amendments deemed
necessary:
Motion to recommend the City Council approval of the attached ordinance to amend
Section 2.6 and 6.4 of the Shoreland Management Regulations regarding public amenity
impervious surface encroachments, with the findings and conditions described within the
staff report.
Attachments
A. Draft Ordinance 2025-XX Amendment Ordinance 198 Section 2.6 and 6.4
B. Email from DNR Area Hydrologist Regarding Proposed Amendment
C. City Council “Scandia Heritage Alliance Trail Project Request to Authorize Preparation
of Plans and Specifications” Packet, September 16, 2025
Added Text – Red Underline
Removed Text – Red Strikethrough
Page 1 of 2
CITY OF SCANDIA
ORDINANCE NO.: 2025-XX
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND
DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND
SETBACKS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City
Code, 2.6 Definitions, shall be amended by adding the underlined text and deleting the
stricken text as follows:
(31) Public amenity, water-oriented. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and
intended for the use and passive enjoyment of a water resource by the general
public. This may include, but is not limited to, trails, gazebos, and docks.
Structures such as office buildings or storage buildings and impervious surfaces
such as sports courts or outdoor recreation uses shall not be considered a public
amenity.
Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City
Code, 6.4 Definitions, shall be amended by adding the underlined text and deleting the
stricken text as follows:
6.4 Placement, Height, and Design of Structures and Impervious Surfaces.
B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment systems
must meet the following setbacks from the delineated boundaries of wetlands (defined
in Minnesota Rules 8420.0111). The wetland classifications are based on the Wetland
Management Classification System defined by the Minnesota Board of Water and Soil
Resources (BWSR) and the application of the Minnesota Routine Assessment Method
(MnRAM) for Evaluating Wetland Functions, Version 3.0 or most recent version. The
MnRAM evaluation shall be completed with wetland delineations for determination of
setbacks.
Water Body Structure Setback
Requirement
Sewage Treatment
System Setback
Preserve Wetland 100 100
Manage 1 Wetland 75 75
Manage 2 Wetland 50 75
Manage 3 Wetland 25 75
Lake or wetland is a groundwater-
dependent resource 100 100
Added Text – Red Underline
Removed Text – Red Strikethrough
Page 2 of 2
If a stream is a groundwater-
dependent resource 150 150
(1) Setbacks shall not be required for wetlands that are less than 400 square feet in
area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if
approved by the City and if the wetland is isolated and determined to have no direct
surficial connection to a public water.
(2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square
feet, or on up to 5% of the structure setback area, whichever is greater.
(3) Wetland setbacks shall not be required for water bodies exempted from wetland
replacement requirements in Minnesota Rules 8420.0420, including public
drainage systems, restored or created wetlands, and wetlands impacts due to utility
projects.
(4) Wetland setbacks shall not be required for structures and impervious surfaces that
meet the definition of a water-oriented public amenity, as defined by this
ordinance, provided that:
(a) The water-oriented public amenity has an approved No-Loss Minnesota
Wetland Conservation Act Notice of Decision.
(b) The water-oriented public amenity meets all relevant standards related to
stormwater management and control.
(c) The water-oriented public amenity is issued a permit by the relevant
watershed district, or, the relevant watershed district states a permit is not
required.
Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance
at their November 4, 2025, meeting and held a public hearing on the amendment at a
public hearing at their November 4, 2025, meeting. No comments were made at the
public hearing. The Planning Commission voted to recommend approval of the
ordinance, with amendments.
Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed
and adopted by the City Council of the City of Scandia this 18th day of November 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
1
TJ Hofer
From:Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Sent:Thursday, October 23, 2025 1:43 PM
To:TJ Hofer; MN_Ordinance Review (DNR)
Cc:k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us
Subject:RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance
Amendment
*** WARNING: This email is from outside the company. Proceed with Caution***
Hello TJ,
Yes, you are correct that wetlands that meet the minimum requirements to qualify as DNR Public Waters
are assigned a Public Waters ID number.
Given that this proposed amendment only aƯects WCA-regulated wetlands, the proposed ordinance
amendment does not require DNR approval.
Thank you for giving us the opportunity to review the proposed changes. Should the proposed
amendment be adopted, please send us a courtesy copy of the adopted ordinance amendment.
Best Regards,
Dan Scollan
East Metro Area Hydrologist – Ramsey and Washington Counties
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Phone: 651-259-5732
Fax: 651-772-7977
Email: daniel.scollan@state.mn.us
mndnr.gov
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Thursday, October 23, 2025 1:30 PM
To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; MN_Ordinance Review (DNR)
<ordinance.review.dnr@state.mn.us>
Cc: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us
Subject: RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance Amendment
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 Fax (651) 433 -5112 http://www.ci tyof scandia.com
September 16, 2025
Honorable Mayor and City Council
14727 209th Street N
Scandia, MN 55073
Re: Scandia Heritage Alliance Trail Project
Request to Authorize Preparation of Plans and Specifications
Dear Mayor and Council:
In coordination with City Staff, Bolton and Menk prepared a total project cost estimation for the
attached Scandia Heritage Alliance Trail Project based upon the attached preliminary layout,
with the following scope:
Construct 8’ Wide Bituminous Trail, with Overlook from Olinda Trail (CSAH 3) along the
wetland
Construct 6’ Wide Concrete Sidewalk along Olinda Trail (CSAH 3)
Construct 8’ Wide Boardwalk connecting the bituminous trail to the Scandia Heritage
Alliance Amphitheatre site
Construct Stormwater BMP’s
Remove Tee Ball Field and Construct Gravel Parking Lot
The total project cost estimation totals $1,261,680.00. This cost is intended to cover design,
construction administration, and construction costs. This project will be funded through a
combination of sources including grants, cash commitments from the Scandia Heritage Alliance
Group, and cash commitments from the City of Scandia. The dollars received through grants for
this project must be used prior to June of 2028, requiring construction in the summer of 2026 or
2027.
We request the City Council authorize the preparation of plans and specifications for the
Scandia Heritage Alliance Trail Project.
The anticipated project schedule is as follows:
Authorize Preparation of Plans & Specifications September 16, 2025
Approve Plans & Specifications/Authorize Ad for Bid February 17, 2026
Bid Opening March 11, 2026
Consider Contract Award at City Council Meeting March 17, 2026
Construction May - September 2026
Please do not hesitate to contact me with any questions regarding this project at 651-308-1491.
Sincerely,
Isiah Bubany, P.E.
Project Engineer
Enclosures: Preliminary Project Layout
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MASTER SITE PLAN
SCALE: 1" = 50'-0"
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RYLAUR, LLC
14 PHEASANT LANE
NORTH OAKS, MN 55127
P: 612.868.3636
philger@rylaur.com
Sheet No.:
SHEET TITLE:
Drawn By:
VJH
Project Architect:
Drawing History/Revisions:
Drawing Date:
Checked By:
APH
07.02.2025
A. PETER HILGER, AIA
2025 RYLAUR, LLCC
SP1.1
MASTER SITE PLAN
PROJECT INFORMATION:
CLIENT INFORMATION:
P.O. BOX 159
SCANDIA, MN 55073
SCANDIA WATER TOWER BARN
ARTS & HERITAGE CENTER
20835 OLINDA TRAIL N
SCANDIA, MN 55073
SPLASH PAD (Future): Future splash pad
Refer to 1/SP3.1 & Sheet SP3.3
SITE PLAN KEYNOTES
1
WATER FEATURE: Splash pad creek to
provide daylight drainage from splash pad
into rain garden - Refer to 1/SP3.1
35
PARKING LOT:
Install grey trap rock parking lot
Refer to 1/SP2.1 & 1/SP3.1
RECONSTRCUTED BARN: Stable & Water
Tower Barn structure to be re-assembled &
erected on top of new ICF basment foundation
Refer to 1/SP3.1 & Architectural plan set
PORTABLE TOILET: By SHA
Outdoor Porta-Potty Trailer
Refer to 1/SP3.1 & 1/SP4.1
DRIVE: Install asphalt drive lane down to
front of Amphitheater
Refer to 1/SP4.1
STAGE PLATFORM: Raised Wood Stage
Platform Deck. Rough in electrical to stage.
Refer to Sheet SP4.1 & SP4.2
TRAIL: Construct south portion of trail linkage
as an 8'-0" wide asphalt path
Refer to 1/SP2.1
FUTURE AMPHITHEATRE: Concrete seating,
steps and stage area to be under separate
design.
FUTURE OVERLOOK DECK: (2) Wood
framed decks overlooking wetland area to be
constructed in the future
FIKA KIOSK (FBO): Coffee Kiosk Furnished
By Others - Install water & sewer line &
electric power to this location
GATE W A Y T R A I L L I N K
2
2
3
3
4
5
PRIVACY FENCE: Install 8'-0" tall double
plane welded wire fabric living screen wall
fence at plaza toilets & food truck - Rough in
electrical to fence line w/2 weatherproof outlets
6
5
38
7
7
8
8
9
9
53
53
54
54
54
12
13 STAGE RAMP:
ADA accessible wood ramp from dance pad
up to stage elevation - Refer to 1/SP4.1
14 TRAIL: Construct wetland view portion of
asphalt trail along east side of water tower
barn. Refer to 1/SP2.1 & SP3.1
15
BERM: Mound grade around north west
corner of splash pad to buffer from parking
lot - provide view into west weland meadow
Refer to 1/SP2.1 & SP3.1
15
16
ENTRANCE SIGN & BERM:
Install "Scandia Heritage Center" sign within
Native American Landscaping Berm - Refer to
1/SP2.1 & 1/SP3.1 & Landscape Design
16
17
YARD:
Native prairie grasses - see Landscape plans
17
17
18
SCULTURE YARD:
Open Yard Area for Scuplture Istallation
18
19
PLAZA:
Modular Concrete pavers in Plaza area
20
FUTURE Side Stage Area:
5" thick Conc pad adjacent to stage for
drive path & for theatre portable toilet
13
26
19
PLAZA
30
17
17
21
LANDSCAPE PLANTING BED:
Landscaped bed area w/plantings
Refer to Landscape design plans
21
21
21 21
21
17
22
DANCE PAD & REMOVABLE THRUST STAGE:
Hardscape in front of stage at grade w/Space
for removable Thurst Stage platform by Owner
Refer to 1/SP3.1
23
INTERPRETIVE TRAIL:
5'-0" wide wood chip path meandering trail
thru landscaped area
Refer to 1/SP4.1
23
24
ACCESS AISLE:
Handicapped Accessible Access aisle from
parking lot to front sidewalk
Refer to 1/SP3.1
1
24
25
LANDSCAPE ISLAND:
Curbed parking lot island w/Landscaping
Refer to Landscape design plans
26
SCULPTURE ENTRY ARCH:
Archway Scuplture Installation at entrance to
Amphitheatre - Rough in electrical to scuplture
base - Refer to 1/SP4.1
27
BENCH: Benches to be furnished by Owner
bolted down by G.C. - Exact bench design &
locations T.B.D. (10) Shown
Refer to 1/SP3.1 & B/SP3.2
28
SURMOUNTABLE CURB:
Curbline along (7) east parking stalls to be
driveover / surmountable edge w/wheel stops
Refer to 1/SP2.1
28
29
ARTOWRK BIKE RACKS:
Dero Brand "Helix" or similar bicycle rack
2) locations - Refer to 1/SP3.1, 1/SP4.1 &
C/SP3.2
29
29
SETBACK ENCROACHMENT: (347 sf)
Wetland setback encroachment building
area shown hatched as =
30
HAND PUMP:
Water well hydrant w/hand pump
Connect into Splash Pad System
31
COURTYARD:
Fine aggregate yard & plaza trees. Install
steel edging around perimeter of (4)
Courtyard trees
31
17
45
17
17
32
PEDESTRIAN RAMP:
Provide ADA compliant pedestrian ramp
32
33
CURB EDGE:
Along north parking row, install 18" wide flat
conc. curb edge
34
BOULDER EDGING:
2'-0" wide river cobbles over filter fabric
surface drainage edge
35
LIGHT POLE:
20'-0" high, Historic Style LED low cutoff light
pole. Quantity = (3)
33
25
34
36
SPLASH PAD PERIMETER:
7'-6" wide Colored Conc. perimeter
around splash pad
37
NO PARKING SIGN:
Stripe off end stall & install
No Parking" sign at head of stall
37
38
CONC. PAD:
Install 2'-0" x 2'-0" concrete pad
for trailer hitch support surface
21
LEGEND
CRUSHED LIMESTONE TRAIL, 8'-0" wide
BITUMINOUS TRAIL SECTION
GATEWAY TRAIL LINK
CONNECTION TO PARKING / TRAIL SYSTEM
BOARDWALK / FLOATING WALKWAY
BITUMINOUS PAVEMENT
AMPHITHEATRE HARDSCAPE
CRUSHED TRAP ROCK, GREY
CONCRETE SIDEWALK
CRUSHED LIMESTONE
14
35
35
39
40
TRAIL INFO SIGN:
Interpretive sign F.O.B., installed by G.C.
Refer to 1/SP4.1 (Quantity = 6)
17
41
WETLAND INFO SIGN:
Interpretive sign F.O.B., installed by G.C.
along south trail
Refer to 1/SP4.1 (Quantity = 3)
42
LIGHT BOLLARD:
Light Bollards at HC Parking Sign locations
at front walk (Qnty = 2)
Shown on plans as
WETLAND
BOARDWALK
CONSTRUCTED
UNDER SEPARATE
CONTRACT
PUBLIC
SIDEWALK
INSTALLED BY
CITY OF SCANDIA
39
LANDSCAPE BOLLARD:
Light Bollard among various landscape areas
Qnty = 10) Shown on plans as
Refer to 1/SP4.1
43
40
41
42
48
44
OUTDOOR CONTROLS PLATFORM:
Stone Platform for Drinking Fountain, Splash
Pad Controls, & Landscape Irrigation &
Hose Bib - Refer to 1/SP3.1
44
45
46
SCREEN WALLS:
Wood Screen Wall Panels along east side of
Amphitheatre - Provided by Owner, Installed
by G.C. Refer to 1/SP4.1
46
10
LIGHTING TREE: (Rough In)
Install Rough-In Power & Controls Conduit for
Future high-hung Stage Lighting "Tree"
Structure- (2) Locations. Refer to 1/SP4.1
10
FUTURE SITE DESIGN ELEMENTS (N.I.C.)
TIERED STONE AMPHITHEATRE SEATING:
Grade as sloped yard
Stone bench seating and stairs to be future construction
PROSCENIUM, ROOF & BACKDROP WALLS:
Stage Platform structure is the extend of construction for
amphitheatre stage at this point in time.
Overhead structures and Walls to be constructed in the future
6
45
FENCE ENCLOSURE:
6'-0" high screen fence & lockable gate
12
OVERLOOK DECKS:
Deck 1 & Deck 2 to be future construction
20
21
21
21
21
22
21
21
27
36
10
11
BACKSTAGE PATH: (Future)
Future 3'-0" wide crushed limestone pathway
trail to run behind stage
11
47
SPLASH PAD DRAINAGE:
Splash Pad drainage via rock creek bed to
stormwater pond, see Civil & Landscape plans
4
47
48
SCULPTURE BERM:
Bermed Area w/Dala Horse or other Sculpture
Feature
49
SPLASH PAD BENCHES:
Limestone block benches or similar as
determined by onwer at Splash Pad area
Installed by G.C. (Qnty = 4)
49
50
SPLASH PAD TABLES:
Outdoor Picnic Tables as Selected by Owner
Bolted Down by G.C. (Qnty = 4)
50
51
WATER WELL BORE:
Drilled Water Well Location
51
BACKSTAGE PATH:
5'-0" wide crushed limestone path
Refer to 1/SP4.152
52
55
56
ELECTRICAL TRANSFORMER:
Install Electrical Transformer on Conc. Pad
NEW TERMINATION POLE:
New Pole to be 20'-0" south of last
existing pole - general vicinity shown
56
55
57
BRICK BORDER:
Walkway between Parking Lot & Plaza to
receive brick boards, shade in pink
57
DRINKING FOUNTAIN w/DOG DISH:
Install Outdoor Drinking Fountain
w/Dog Dish
57
43