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7.b1 CUP Amendment for Tii Gavo to increase dock slips Memorandum To: Scandia City Council Reference: Tii Gavo Request to Amend Conditional Use Permit - Development Agreement Copies To: Brenda Eklund, Clerk K. Peter Stalland, Applicant for Tii Gavo Community Project No.: 17124.000 Tii Gavo From: Merritt Clapp-Smith, Planner, on behalf of Planning Commission Routing: Date: May 14, 2019 SUBJECT: Tii Gavo Request to Amend its Conditional Use Permit and its Development Agreement to Increase the Number of Dock Slips from 19 to 29 (10 additional slips) MEETING DATE: May 21, 2019 – Scandia City Council LOCATION: Tii Gavo Subdivision PID 28.032.20.43.0002 21080 Olinda Trail North APPLICANT: Peter Stalland (on behalf of Tii Gavo Community Association) 19356 Meadowridge Trail N. Marine on St. Croix, MN 55047 OWNER: Tii Gavo Community Association Inc. 19200 Meadowridge Circle N Marine of St. Croix, MN 55047 ZONING: General Rural (GR) and Shoreland Management District 60-DAY PERIOD: June 8, 2019 ITEMS REVIEWED: Application and supplemental information received April 9, 2019 Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 2 BRIEF DESCRIPTION OF THE REQUEST: Tii Gavo is an Open Space Development that was approved as a Planned Unit Development (PUD/CUP) by the City of Scandia in 2007. At the time of PUD/CUP approval, the Developer requested and the Development Agreement approved 19 boat slips to be installed by the community. The Minnesota DNR Public Waters Permit for the dredging and construction of the Tii Gavo marina included a condition that the number of slips should not exceed 19, and limited each slip to one watercraft. The limit of 19 slips was recorded as a condition of the Development Agreement for the Conditional Use Permit. Applicant Peter Stalland, acting on behalf of the Tii Gavo Homeowners’ Association which owns Outlot D where the marina is located, is requesting to amend the Development Agreement to increase the number of docks from 19 to 29. The amendment would provide a dock slip for each lot in Phase I of the Tii Gavo subdivision. On May 7, 2019, the Planning Commission held a public hearing on the request for additional slips, at which a number of people spoke for and against the proposal. The Planning staff report recommended denial, but based on the testimony and a site visit, the Planning Commission decided to recommend approval. This staff report reflects the Planning Commission’s position and findings on the application. Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 3 Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 4 ANALYSIS OF THE REQUEST AND ORDINANCE STANDARDS Tii Gavo Approvals--Standards and Permits in 2007 Tii Gavo was approved as a Planned Unit Development (PUD/CUP) and Open Space Conservation Development (OSD). It is located within the Shoreland District of Big Marine Lake. When it was approved in 2007, the following requirements applied to the number of boat slips approved for the development: • DNR Regulations. The DNR’s Shoreland regulations at the time of the Tii Gavo application required that the number of docking facilities be limited to the number of riparian lots in the PUD, and that the facilities be centralized. • DNR Permit. The DNR issued Permit #2006-0351 authorizing the excavation of a 900’ long, 4’ deep channel to facilitate navigational access from a back bay area of Big Marine Lake to the proposed marina at Tii Gavo. The permit included a condition that limited the number of slips to a maximum of 19 (consistent with the Shoreland Regulations), and the mooring of no more than 1 watercraft at each slip. • Watershed District Recommendations. The Carnelian-Marine St. Croix Watershed District provided comments to the DNR for the channel excavation permit in a letter dated June 16, 2006. The Districts comments and recommendations included the following: o Big Marine Lake was the highest priority lake in the district, with an overall management strategy of Protection. o The bay where the marina was proposed included high-quality resources and warranted extra effort to protect and preserve them. The Open Space Conservation Subdivisions should be constructed to protect the resources of the property. o The District Managers would typically be opposed to the proposed channel and dockage based on the quality of resources in the bay, but felt that the proposed development design was a reasonable compromise instead of a typical subdivision with individual docs. o The District recommended that the number of docks be limited to the number of Lakeshore owner lots (19), and no boat ramp should be included in the project. The 2007 City approval of the PUD/CUP and Development Agreement for the Tii Gavo PUD limited the number of dock slips in the development to 19 based on the Shoreland regulations, DNR permit requirements, and the concerns about potential impacts to Big Marine Lake and the high quality natural resources of the bay identified by the DNR and the CMSCWD. Current Ordinance Standards and Agency Comments 1. Shoreland Ordinance Section 10.0 of the City’s Shoreland Ordinance governs PUDs. Item 10.6 (E) specifies the standards for the design of Shore Recreational Facilities within PUDs. The standards are consistent with MN Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 5 Rules chapter 6120.3800 that governs Planned Unit Developments in Shoreland areas. The standards include: • Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. • The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit in the first geographic tier of the PUD. • The “first tier” lots are riparian lots defined as being within 267 feet of the ordinary high water level (OHWL) of the lake. The OHWL of Big Marine Lake is 942.2 feet above mean see level. • Launching and ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. Based on the City’s Shoreland Ordinance and on the configuration of lots as developed, only 17 lots qualify as “first tier” (lots within 267 feet of the Ordinary High Water Level of Big Marine Lake, as measured from the 942 foot contour). See image below. However, the original CUP used a maximum first tier lot density configuration to identify the potential for 19 first tier lots, which became the basis for the 19 slip limit for the Development Agreement. Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 6 As an alternative, the City could permit a launching ramp and small dock for the loading and unloading of equipment for use by the non-riparian residences at Tii Gavo, based on the last provision of the City’s Shoreland Ordinance governing shore recreation facilities for PUDs, under 10.6 (E). 2. DNR Permit and Comments The DNR sent its comments regarding the Tii Gavo application to the City (see attached). The agency recommended that the number of dock slips be limited to 19, and that the requested increase in slips be denied. The DNR’s rationale included: • Tii Gavo was approved as a conservation-minded development. The lot layout and single consolidated dock with 19 slips for the riparian lots was designed specifically to limit the shoreline impacts and to be consistent with the Open Space Conservation Development. • All government parties involved in the decision-making process for the 19 slips at the Tii Gavo marina (Washington County, Carnelian Marine Watershed District, DNR) and the developer, agreed to the negotiated approach for a limited and clearly defined number of slips. 3. Carnelian-Marine-St. Croix Watershed District (CMSCWD) Comments The CMSCWD opposes the boat slip expansion, as noted in its letter and background materials of May 16, 2019. The CMSCWD feels strongly that the request to increase the number of slips should be denied. The letter provides context on the original negotiation and decision to allow only 19 slips for the development, and argues that any increase of slips will negatively impact the environmental quality of the bay. The CMSCWD letter highlights a few key items: • Big Marine Lake is the District’s premier high quality, deep water lake. The District worked with the Developer to negotiate the original permit requirements for Tii Gavo under District and DNR rules to protect the quality of the lake and its resources. • The District’s permit P06-019 for Tii Gavo included the single dock with a maximum of 19 slips, boardwalk, and fishing pier. • The original discussions and permit did not include an agreement for future consideration of additional boat slips. The assumption at the time of the permit was that any benefit for additional boat slips was considered and conceded by the Developer. • Painted Turtle Bay is a shallow depth, sensitive ecosystem that is compromised by any boat activity and by the annual vegetative management undertaken by Tii Gavo to maintain a weed free marina area. 4. Big Marine Lake Association In August 2018, the Big Marine Lake Association discussed whether it should comment on applications from Tii Gavo for additional boat slips. The Association determined that it did not wish to provide formal input. They indicated that the Association avoids individual property owner issues, and that its mission Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 7 is focused on water quality of the lake, which is reviewed and addressed by the DNR and watershed district. 5. Statutory Authority Minnesota Statutes 459.20 gives the governing body of a statutory city or town all powers to improve and regulate the use of the body of water, subject to powers that are given to county boards or lake improvement districts under other statutes. If a water body is located wholly within the contiguous boundaries of two or more cities or towns, the city councils and town boards may jointly exercise the powers granted in the statute to improve and regulate the water body. Minnesota Statutes 459.20 gives the City and May Township the authority to regulate the use of Big Marine Lake. EVALUATION OF THE REQUEST BASED ON THE CRITERIA FOR APPROVING OPEN SPACE DEVELOPMENT PUDS AND AMENDMENTS Open Space Development PUDs are approved with Conditional Use Permits. The criteria for approving amendments to Open Space Development PUDs are the same as the criteria for approving the original PUD/CUP. The criteria include 1) the general criteria for approving CUPs in the City’s Development Code and 2) meeting the goals for Open Space Developments. The sections below include the criteria for evaluating the proposed amendment to the Conditional Use Permit and associated Development Agreement. On May 7, 2019, the Planning Commission considered the criteria below in light of the Planner’s staff report, a site visit, and extensive public hearing comments supporting and opposing the boat slip expansion. The criteria considered by the Planning Commission follow and are noted in italics, with the Planning Commission’s evaluation in standard text and conclusions underlined. The criteria for evaluating a CUP or a CUP or amendment are the following: • Compliance with the Comprehensive Plan The Land Use chapter of the City’s 2030 Comprehensive recommends permitting Open Space Developments to implement the plan’s goals to preserve land for agriculture and open space, and to protect natural resources, natural habitats, and viewsheds. The Plan also supports the protection of surface waters and natural resources by implementing the requirements of the City’s Shoreland Ordinance. The applicant submitted an environmental report from Jacobson Environmental, PLLC, regarding the potential environmental impacts of boat slip expansion. The report concludes that the increased boat traffic in the bay will be minimal, relative to what it experiences today from Tii Gavo residents and anglers on Big Marine Lake, and will not negatively impact the bay habitat or water quality. Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 8 The proposed expansion of the number of dock slips is not inconsistent with the goals cited in the Comprehensive Plan for Open Space Developments and the protection of natural resources. • The proposed use will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed expansion of dock slips will not endanger public health, safety, morals or comfort. • The use will not be injurious to the use and enjoyment of adjacent properties, or substantially diminish and impair property values or scenic views. The proposed expansion would not be injurious to the use of adjacent properties. An extension of the docking facilities to add 10 boat slips may modestly impact the scenic views of the lake from the shoreline and adjacent properties. • The use will not impede the normal and orderly development and improvements of surrounding properties for permitted uses. The proposed expansion would not impede the development and improvement of surrounding properties for permitted uses. • Adequate public facilities and services are available or can be provided. The proposed expansion will not require additional public facilities and services. • The use shall conform to the regulations of the zoning district and Development Code. The proposed expansion would allow more boat slips than permitted under the design standards for PUDs in the Shoreland Management Ordinance, a part of the Development Code. The PUD design standards for shore recreational facilities (Shoreland Ordinance Section 10.61 part E) permit one boat slip for each “first tier” (or riparian) lot in the development. “First tier” lots are defined as those within 267 feet of the lake’s ordinary high water level. When the original Tii Gavo CUP was reviewed, a yield plan for maximum first tier lot density showed 19 lots possible and this became the basis for a 19 slip limit in the CUP Development Agreement. The subdivision as built utilizes a cluster development approach and has 17 lots that qualify as “Tier 1”. • The use complies with the general and specific performance standards in the Development Code. The proposed expansion complies with the other performance standards for shore recreational facilities in the Shoreland Ordinance, a part of the Development Code. The goals for Open Space Developments listed in the Development Code include the following: • Preserve large blocks of land for agricultural use and open space. Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 9 The proposed expansion will not impact the area dedicated as permanent open space within the Tii Gavo development. • Preserve natural resources as identified in the Comprehensive Plan. The proposed addition to ten (10) boat slips to the end of the existing marina will not have a noticeable impact on the natural resources of the bay. The DNR’s comments on the proposed expansion stated that the original CUP – PUD condition that limited the number of dock slips to 19, was intended to protect the ecological resources in the bay from overuse, including the high- value aquatic plants, fish and wildlife habitat in the Bay. However, use of the bay cannot be limited to Tii Gavo residents. The bay is open to visiting boats from Big Marine Lake, who come and go with regularity to access the good fishing in the bay. The visitation impacts exceed anything to be experienced from an additional ten (10) boat slips at Tii Gavo. • Preserve permanent natural habitat and vegetated corridors for the long-term health of plan and animal communities. The Tii Gavo developer and residents value the natural environment and condition of the bay and wish to see the natural condition and quality maintained. Tii Gavo employs an environmental consultant to manage weeds under an annual DNR permit for “aquatic plant management.” • Preserve viewsheds for scenic enjoyment and rural identity. The application does not include information that permits analysis of the potential impacts of the dock expansion on the scenic and rural qualities of the Tii Gavo and surrounding area. • Allow innovation and greater flexibility in the design of residential developments. Not applicable to this request. • Provide for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties. Not applicable to this request. • Create cohesive neighborhoods to establish local identify and encourage community interaction. Not applicable to this request. • Reduce the costs of constructing and maintaining public facilities, infrastructure, and services. Not applicable to this request. ACTION REQUESTED: The City Council can do one of the following: 1. Approval Tii Gavo CUP Amendment - Development Agreement Scandia City Council May 21, 2019 Page 10 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval, under the following conditions: 1. The additional boat slips shall be constructed off the end of the existing marina structure, per the marina expansion plan submitted with the application. 2. The Conditional Use Permit for Tii Gavo and the associated Development Agreement shall be amended to reflect permission for 29 boat slips at the Tii Gavo marina. 3. The applicant is responsible for payment of all fees (legal fees capped at $500). Memorandum To: Scandia Planning Commission Reference: Tii Gavo Request to Amend Conditional Use Permit - Development Agreement Copies To: Neil Soltis, City Administrator Brenda Eklund, Clerk K. Peter Stalland, Applicant for Tii Gavo Community Project No.: 17124.000 Tii Gavo From: Merritt Clapp-Smith, Planner Routing: Date: April 30, 2019 SUBJECT: Tii Gavo Request to Amend its Conditional Use Permit and its Development Agreement to Increase the Number of Dock Slips from 19 to 29 (10 additional slips) MEETING DATE: May 7, 2019 – Scandia Planning Commission LOCATION: Tii Gavo Subdivision PID 28.032.20.43.0002 21080 Olinda Trail North APPLICANT: Peter Stalland (on behalf of Tii Gavo Community Association) 19356 Meadowridge Trail N. Marine on St. Croix, MN 55047 OWNER: Tii Gavo Community Association Inc. 19200 Meadowridge Circle N Marine of St. Croix, MN 55047 ZONING: General Rural (GR) and Shoreland Management District 60-DAY PERIOD: June 8, 2019 ITEMS REVIEWED: Application and supplemental information received April 9, 2019 Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 2 BRIEF DESCRIPTION OF THE REQUEST: Tii Gavo is an Open Space Development that was approved as a Planned Unit Development (PUD/CUP) by the City of Scandia in 2007. At the time of PUD/CUP approval, the Developer requested and the Development Agreement approved 19 boat slips to be installed by the community. The Minnesota DNR Public Waters Permit for the dredging and construction of the Tii Gavo marina included a condition that the number of slips should not exceed 19, and limited each slip to one watercraft. The limit of 19 slips was recorded as a condition of the Development Agreement for the Conditional Use Permit. Applicant Peter Stalland, acting on behalf of the Tii Gavo Homeowners’ Association which owns Outlot D where the marina is located, is requesting to amend the Development Agreement to increase the number of docks from 19 to 29. The amendment would provide a dock slip for each lot in Phase I of the Tii Gavo subdivision. Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 3 ANALYSIS OF THE REQUEST AND ORDINANCE STANDARDS Tii Gavo Approvals--Standards and Permits in 2007 Tii Gavo was approved as a Planned Unit Development (PUD/CUP) and Open Space Conservation Development (OSD). It is located within the Shoreland District of Big Marine Lake. When it was approved in 2007, the following requirements applied to the number of boat slips approved for the development:  DNR Regulations. The DNR’s Shoreland regulations at the time of the Tii Gavo application required that the number of docking facilities be limited to the number of riparian lots in the PUD, and that the facilities be centralized.  DNR Permit. The DNR issued Permit #2006-0351 authorizing the excavation of a 900’ long, 4’ deep channel to facilitate navigational access from a back bay area of Big Marine Lake to the proposed marina at Tii Gavo. The permit included a condition that limited the number of slips to a maximum of 19 (consistent with the Shoreland Regulations), and the mooring of no more than 1 watercraft at each slip.  Watershed District Recommendations. The Carnelian-Marine St. Croix Watershed District provided comments to the DNR for the channel excavation permit in a letter dated June 16, 2006. The Districts comments and recommendations included the following: o Big Marine Lake was the highest priority lake in the district, with an overall management strategy of Protection. o The bay where the marina was proposed included high-quality resources and warranted extra effort to protect and preserve them. The Open Space Conservation Subdivisions should be constructed to protect the resources of the property. o The District Managers would typically be opposed to the proposed channel and dockage based on the quality of resources in the bay, but felt that the proposed development design was a reasonable compromise instead of a typical subdivision with individual docs. o The District recommended that the number of docks be limited to the number of Lakeshore owner lots (19), and no boat ramp should be included in the project. The 2007 City approval of the PUD/CUP and Development Agreement for the Tii Gavo PUD limited the number of dock slips in the development to 19 based on the Shoreland regulations, DNR permit requirements, and the concerns about potential impacts to Big Marine Lake and the high quality natural resources of the bay identified by the DNR and the CMSCWD. Current Ordinance Standards and DNR Recommendations 1. Shoreland Ordinance Section 10.0 of the City’s Shoreland Ordinance governs PUDs. Item 10.6 (E) specifies the standards for the design of Shore Recreational Facilities within PUDs. The standards are consistent with MN Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 4 Rules chapter 6120.3800 that governs Planned Unit Developments in Shoreland areas. The standards include:  Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis.  The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit in the first geographic tier of the PUD.  The “first tier” lots are riparian lots defined as being within 267 feet of the ordinary high water level (OHWL) of the lake. The OHWL of Big Marine Lake is 942.2 feet above mean see level.  Launching and ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. Based on the City’s Shoreland Ordinance and on the configuration of lots as developed, only 17 lots qualify as “first tier” (lots within 267 feet of the Ordinary High Water Level of Big Marine Lake, as measured from the 942 foot contour). See image below. However, the original CUP used a maximum first tier lot density configuration to identify the potential for 19 first tier lots, which became the basis for the 19 slip limit for the Development Agreement. Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 5 As an alternative, the City could permit a launching ramp and small dock for the loading and unloading of equipment for use by the non-riparian residences at Tii Gavo, based on the last provision of the City’s Shoreland Ordinance governing shore recreation facilities for PUDs, under 10.6 (E). 2. DNR Permit and Comments The DNR sent its comments regarding the Tii Gavo application to the City (see attached). The agency recommended that the number of dock slips be limited to 19, and that the requested increase in slips be denied. The DNR’s rationale included:  Tii Gavo was approved as a conservation-minded development. The lot layout and single consolidated dock with 19 slips for the riparian lots was designed specifically to limit the shoreline impacts and to be consistent with the Open Space Conservation Development.  All government parties involved in the decision-making process for the 19 slips at the Tii Gavo marina (Washington County, Carnelian Marine Watershed District, DNR) and the developer, agreed to the negotiated approach for a limited and clearly defined number of slips. 3. Carnelian-Marine-St. Croix Watershed District (CMSCWD) Comments At the time of this staff report, the CMSCWD had not submitted comments on this application. The CMSCWD had commented last summer on a similar request for dock and boat slip expansion at Tii Gavo; an application which was ultimately withdrawn. In its letter dated August 9, 2018, the District recommended that the City deny the request to increase the number of slips based on the following:  Big Marine Lake is the District’s premier high quality, deep water lake. The District worked with the Developer to negotiate the original permit requirements for Tii Gavo under District and DNR rules to protect the quality of the lake and its resources.  The District’s permit P06-019 for Tii Gavo included the single dock with a maximum of 19 slips, boardwalk, and fishing pier.  The original discussions and permit did not include an agreement for future consideration of additional boat slips. The assumption at the time of the permit was that any benefit for additional boat slips was considered and conceded by the Developer. 4. Big Marine Lake Association In August 2018, the Big Marine Lake Association discussed whether it should comment on applications from Tii Gavo for additional boat slips. The Association determined that it did not wish to provide formal input. They indicated that the Association avoids individual property owner issues, and that its mission is focused on water quality of the lake. They noted that water quality issues related to the application would be adequately reviewed and addressed by the DNR and watershed district. 5. Statutory Authority Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 6 Minnesota Statutes 459.20 gives the governing body of a statutory city or town all powers to improve and regulate the use of the body of water, subject to powers that are given to county boards or lake improvement districts under other statutes. If a water body is located wholly within the contiguous boundaries of two or more cities or towns, the city councils and town boards may jointly exercise the powers granted in the statute to improve and regulate the water body. Minnesota Statutes 459.20 gives the City and May Township the authority to regulate the use of Big Marine Lake. EVALUATION OF THE REQUEST BASED ON THE CRITERIA FOR APPROVING OPEN SPACE DEVELOPMENT PUDS AND AMENDMENTS Open Space Development PUDs are approved with Conditional Use Permits. The criteria for approving amendments to Open Space Development PUDs are the same as the criteria for approving the original PUD/CUP. The criteria include 1) the general criteria for approving CUPs in the City’s Development Code and 2) meeting the goals for Open Space Developments. The sections below include the criteria for evaluating the proposed amendment to the Conditional Use Permit and associated Development Agreement. The criteria are in italics and the Planner’s evaluation is in standard text. The criteria for evaluating a CUP or a CUP or amendment are the following:  Compliance with the Comprehensive Plan The Land Use chapter of the City’s 2030 Comprehensive recommends permitting Open Space Developments to implement the plan’s goals to preserve land for agriculture and open space, and to protect natural resources, natural habitats, and viewsheds. The Plan also supports the protection of surface waters and natural resources by implementing the requirements of the City’s Shoreland Ordinance. The developer of Tii Gavo specifically noted in the original materials that described the development that the number of dock slips was limited to 19 to “preserve the shoreline in keeping with the clustering theme of the project” and to protect the existing aquatic vegetation near the proposed marina. The DNR’s permit that permitted the excavation of the channel for the marina also notes that numbers of slips and watercraft were limited to be consistent with the Conservation Subdivision and to protect the aquatic vegetation of the bay. The proposed expansion of the number of dock slips is not consistent with the goals cited in the Comprehensive Plan for Open Space Developments, or the City, DNR and original OSD development goals for the conservation purposes of the subdivision and protection of natural resources. The proposed expansion does not comply with the standards in the City’s Shoreland Ordinance. Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 7  The proposed use will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed expansion of dock slips is unlikely to endanger public health, safety, morals or comfort.  The use will not be injurious to the use and enjoyment of adjacent properties, or substantially diminish and impair property values or scenic views. The proposed expansion would not be injurious to the use of adjacent properties. An extension of the docking facilities to add 10 boat slips may modestly impact the scenic views of the lake from the shoreline and adjacent properties. The applicant has not provided graphic materials that show the views of the proposed dock expansion from adjacent properties or from the lake.  The use will not impede the normal and orderly development and improvements of surrounding properties for permitted uses. The proposed expansion would not impede the development and improvement of surrounding properties for permitted uses.  Adequate public facilities and services are available or can be provided. The proposed expansion will not require additional public facilities and services.  The use shall conform to the regulations of the zoning district and Development Code. The proposed expansion does not conform to the regulations of the Shoreland Management Ordinance, a part of the Development Code. The PUD design standards for shore recreational facilities (Shoreland Ordinance Section 10.61 part E) permit one boat slip for each “first tier” (or riparian) lot in the development. “First tier” lots are defined as those within 267 feet of the lake’s ordinary high water level. When the original Tii Gavo CUP was reviewed, a yield plan for maximum first tier lot density showed 19 lots possible and this became the basis for a 19 slip limit in the CUP Development Agreement. The subdivision as built utilizes a cluster development approach and has 17 lots that qualify as “Tier 1”. Note: There is an allowance in Shoreland Ordinance Section 10.61 part E to provide boat access for lots not in Tier 1, “Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or site located in other tiers.” This option would allow lot owners not in Tier 1 to transport and launch watercraft from a common access ramp and small dock.  The use complies with the general and specific performance standards in the Development Code. The proposed expansion does not comply with the performance standards for shore recreational facilities in the Shoreland Ordinance, a part of the Development Code. Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 8 The goals for Open Space Developments listed in the Development Code include the following:  Preserve large blocks of land for agricultural use and open space. The proposed expansion will not impact the area dedicated as permanent open space within the Tii Gavo development.  Preserve natural resources as identified in the Comprehensive Plan. The proposed expansion of the dock area could negatively impact the natural resources of the site. The DNR’s comments on the proposed expansion state that the condition that limited the number of dock slips was intended to protect the ecological resources in the bay from overuse, including the high-value aquatic plants, and the fish and wildlife habitat in the Bay. The developer’s analysis of the number of slips permitted stated that the number was limited to 19 to achieve shoreline preservation and protect aquatic plans in the bay. Note: The application includes a natural resource impact analysis and report dated 9/17/2018, prepared by environmental consultant Jacobson Environmental, PLLC who was hired by the applicant to evaluate the potential impact of a dock slip expansion. The report did not identify any natural resource or habitat impact concerns related to the proposed expansion.  Preserve permanent natural habitat and vegetated corridors for the long-term health of plan and animal communities. The DNR permit, CMSCWD comments, and the Developer’s original plans for Tii Gavo state that proposed expansion of the dock area beyond 19 slips could impact natural habitats and vegetation within the Bay.  Preserve viewsheds for scenic enjoyment and rural identity. The application does not include information that permits analysis of the potential impacts of the dock expansion on the scenic and rural qualities of the Tii Gavo and surrounding area.  Allow innovation and greater flexibility in the design of residential developments. Not applicable to this request.  Provide for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties. Not applicable to this request.  Create cohesive neighborhoods to establish local identify and encourage community interaction. Not applicable to this request.  Reduce the costs of constructing and maintaining public facilities, infrastructure, and services. Not applicable to this request. Tii Gavo CUP Amendment - Development Agreement Scandia Planning Commission May 7, 2019 Page 9 ACTION REQUESTED: The Planning Commission can recommend one of the following to the City Council: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend denial based on the following findings: Findings The evaluation of the proposed amendment to the Tii Gavo Conditional Use Permit for the Development Agreement to expand the number of dock slips from 19 to 29 based on the criteria in the Development Code finds that the proposed expansion does NOT meet the criteria for approval:  It is not consistent with the goals and policies of the City’s Comprehensive Plan.  It does not comply with the regulations of the Shoreland Management District and the Development Code.  It does not comply with the performance standards for shore recreational facilities in the Shoreland Ordinance, a part of the Development Code.  It does not preserve natural resources as identified in the Comprehensive Plan, including Big Marine Lake and its natural habitats.  It has the potential to negatively impact natural habitats and vegetation communities in Big Marine Lake. Based on the design standards in the Shoreland Management Ordinance, the Planning Commission could recommend to the City Council that it consider an amendment to the Development Agreement to permit the addition of launching ramp facilities and a small dock for the loading and unloading of equipment at the marina for use by the non-riparian dwellings at Tii Gavo.