5.a Application for conditional use permit for Tii Gavo development to provide for additional boat docks
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
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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
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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
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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
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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
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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
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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
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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
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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.
MNDNR Central Region
Division of Ecological and Water Resources
1200 Warner Road, St. Paul, MN 55106
Date: 4/17/2019
Merritt Clapp-Smith
Planner, City of Scandia
14727 209th Street North
Scandia, MN 55073
RE: Request for CUP by Tii Gavo Community Association to Increase the Number of Slips from 19 to 29
Merritt –
Thank you for the opportunity to comment on this request by the Tii Gavo Community Association to increase the
number of boat slips within the Tii Gavo Planned Unit Development (PUD) by 10 slips, from 19 to 29 slips.
DNR’s recommendation is that the number of slips allowed under the existing Development Agreement (19 slips) remain
the same and that the request to increase the number of slips to 29 be denied by the City of Scandia.
At the time the Tii Gavo PUD was proposed, it was presented to the reviewing agencies as a conservation-minded
development. The developer marketed this development as one that would limit the shoreline impacts within this bay of
Big Marine Lake through the lot layout design, dedicated open space, and a consolidated dock with 19 slips. At the time,
all government parties involved in the decision-making process for approval of the Tii Gavo development (Washington
County, Carnelian Marine Watershed District, DNR) and the developer, agreed to this negotiated approach.
The Development Agreement that is currently in place for this PUD is the document that authorizes the number of slips
at the consolidated dock. This negotiated document is in place as part of the local government approval of the PUD. The
City would need to approve a change to this document in order to increase the number of slips allowed at the
consolidated dock. At this time, it is not the City’s controlled access lot frontage requirements for mooring of watercraft
that are in City’s shoreland ordinance which regulate the number of allowable slips, it is the Development Agreement.
A clarification to Mr. Stalland’s letter: DNR does not approve the number of dock slips at the Veterans Campground on
Big Marine Lake. This dock is regulated by the local government as it is a mooring facility, not a marina (see DNR website
on State Rule Changes Relating to Docks, Moorings, and Commercial Marinas).
Thank you again for your consideration of DNR’s recommendation on this request.
Sincerely,
Jenifer Sorensen, East Metro Area Hydrologist
DNR Central Region
1200 Warner Road, St. Paul, MN 55106
651-259-5754
jenifer.sorensen@state.mn.us