HomeMy Public PortalAbout10-2006MEMORANDUM
TO: Planning Commission
FROM: Rose Lorsung, City Planner through Chad Adams, City
Administrator
DATE OF MEETING: October 10, 2006 (Public Hearing)
SUBJECT: Bancor Group Concept Plan Review: Medina Golf Course
1. DESCRIPTION OF REQUEST:
Bancor Group has requested a Concept Plan for a Multi -Family residential development on the
perimeter of the Medina Golf Course formally known as the Rolling Green Golf Course (see
map). The site is not currently in the MUSA and is scheduled for such in the year 2020. The
property is zoned PS Public/Semi-Public and also guided as such. There are strict provisions, in
the Medina Zoning Administration section 825.61, for which projects can apply for a concept
plan review. Rezoning and Comprehensive Plan Amendment projects meet the criteria for a
concept plan review.
The land use request is for the perimeter of the 18-hole portion of the site, with the remainder
scheduled to remain golf course. The site is 28.45 acres gross with a net development area of
14.00 acres. The proposed number of units is 49 (3.50 units/net acre).
2. SITE DESCRIPTION:
The properties surrounding the site have varying zoning. The properties to the north of the site
are zoned Rural Residential Urban Reserve. The properties to the west are Suburban Residential
(Foxberry Farms) and Business Park. To the east is Wild Meadows as a PUD, and south is
Multi -Family Residential, Urban Commercial and Industrial.
The ground cover on the site includes some poor soils and wetland areas. In the Northeast
corner of the site there is a Maple Basswood forest remnant and considerable low lying wetland
areas and some area just removed from a floodplain (see map).
3. REVIEW:
Staff has had a chance to review the applicant's letter, concept site plan and has the following
comments:
A. The timing of the project is the item of most importance with this request, as with all
concept plans at this time. This project would require a Comprehensive Plan
Amendment to our guiding and a rezoning. The City of Medina is in the process of
reviewing the Comprehensive Plan (which needs to be done by the end of the year 2008)
and therefore has not had the chance to thoroughly review this property for planning,
transportation, utilities etc. The property is guided and zoned for public use and therefore
Medina Golf Course 1 Bancor Group Concept Plan
a change in land use at this time could not be evaluated based on the regional planning
that has yet to occur.
B. Staff has the following specific comments about the proposed project:
i. A development on this site several years premature to the Comprehensive
guiding of the property and availability of sewer and water to the site
could trigger the need for additional premature guiding and development.
ii. A property owner on Shawnee Woods Road has expressed some concern
about premature development in this area as well as the preservation of
trees and additional traffic to the area.
iii. Traffic on County Road 116 is very heavy today and is being studied for
future improvements. Any additional development in this area could
trigger the need for additional improvements.
iv. The site has some attractive open space features and park areas.
v. The density of the development meets the Metropolitan Council
requirement of between 3-5 average units per net acre.
vi. The development of the perimeter of the golf course does bring the City
closer to meeting population forecasts targeted by the Metropolitan
Council.
vii. It is the City's understanding that this proposed development would be in
addition to any potential future development of the 12-acre 9-hole portion
of the golf course which is already in the MUSA and zoned Multi -Family
Residential (guided Urban Residential).
viii. It is the City's further understanding that this Concept Plan application is
to be immediately followed by a request for a Comprehensive Plan
Amendment and that the developer is not looking to wait until the
Comprehensive Plan is complete before initiating the development.
4. RECOMMENDATION:
Staff recommends that the Planning Commission review this project strictly under the
Concept Plan rules, which is a non -binding review of the project. This review may take
longer than most now that the requirements include a 1000-foot notice for resident mailings.
ATTACHMENTS:
1. Applicant's Letter
2. Site Map
3. Site Plan Packet
Medina Golf Course 2 Bancor Group Concept Plan
MEMORANDUM
TO: Planning Commission, through City Administrator Chad
Adams
FROM: Rose Lorsung, City Planner
DATE OF REPORT: October 5, 2006
DATE OF MEETING: October 10, 2006
RE: Rising Sun Memorial Park
Site Plan, Conditional Use Permit
DEADLINE: December 13, 2006 Extended by Applicant
1. DESCRIPTION OF REQUEST
The applicant, Richard Gay, is requesting a Conditional Use Permit and a Site Plan to operate a
cemetery located at 3365 State Highway 55. The property is 28.13 acres in size, is zoned Rural
Residential and guided Rural Residential which does allow a cemetery under a conditional use.
2. HISTORY AND REVIEW TIMELINE
A. History
The City received the original plans on June 6, 2006 and began the statutory fifteen day review
of the land use application. Upon review of the application and the ordinance language for the
review of such a request, the City began the process of updating the ordinance. The application
did trigger the investigation of the ordinance as the City hadn't applied the ordinance to any
other request for cemetery creation in many years. After over a month of research by staff on the
Development Review Committee, the City presented the research and a draft version of the new
Rising Sun Memorial Park 2 [October 10, 2006 Planning Commission]
ordinance to the Planning Commission on July 11, 2006 for review. After much deliberation, the
Planning Commission recommended additional research to be done and another review which
did take place on August 8, 2006 (minutes from both meetings attached for review). The City
Council then reviewed the recommendations and minutes from both Planning Commission
meetings on August 15, 2006 and September 5, 2006 (minutes attached for review). The end
result of the last Council meeting was the adoption of a new ordinance for review of Conditional
Use Permits for cemeteries. This ordinance was not only for this particular land use application
but also for the existing cemeteries in the city. The final ordinance is as follows, I left in the
changes so you can see how it progressed:
(d) cemeteries:
(i) minimum lot area of ten acres;
(ii) located with direct access to a collector or arterial roadway as identified in
the comprehensive plan;
(iii) all roadways within the cemetery must be paved and 20 feet wide unless
the city determines that a wider road is necessary for public safety;
(iv) direct views from all adjoining residential parcels must be screened by
appropriate means;
(v) buildings, parking areas, mausoleums, columbariums and upright grave
markers that exceed 24 inches in height must be set back a minimum of 50
feet from all property lines;
(vi) all improvements, including grave sites, must be set back a minimum of
50 feet from all wetlands;
(vii) established and operated in compliance with the requirements of
Minnesota Statutes, Chapters 306 and or 307, as amended; and
(viii) sufficient maintenance and perpetual care funds as required by
Minnesota Statutes Chapters 306 or 307 shall be established;
(ix) an underground sprinkler system that has the capability to water all
vegetation within the cemetery shall be required;
f20 monuments or markers within a cemetery shall be placed as shown on the
cemetery's master plan or as directed by the city;
(xi) mausoleums shall not exceed 30 feet in height and monuments shall not
exceed 10 feet in height, with height measured as it is for buildings;
(xii) monuments and markers shall be constructed of natural stone, but no
monument or marker shall be constructed of limestone, sandstone or any
other type of stone that will not maintain relative permanency;
Rising Sun Memorial Park 3 [October 10, 2006 Planning Commission]
(xiii) monuments and markers shall be structurally sound and be placed upon
foundations of solid masonry at a depth and size so as to assure no settling
or movement of the marker or monument;
(xiv) concrete aprons at least four inches in width that are level with the ground
shall be placed around monuments and be affixed to them so as to prevent
grass, weeds or other vegetation from growing in between the monuments
and aprons;
(xv) a site plan acceptable to the city council must be submitted and reviewed
under the city's site plan ordinance;
(xvi) a master plan for the build -out of the property which includes the number
and location of all burial lots; the phasing of selling/filling the burial lots;
the assigned numbers for the burial lots; descriptions and locations of anv
other improvements to be located on the property; and a description of the
cemetery's records retention system must be submitted and approved by
the city council;
(xvii) ground water tests shall be performed prior to city council approval in
order to determine high water tables and any springs located on the site;
(xviii) the city council may require a transportation plan that includes traffic
management for burials, funerals and burial site visits;
(xix) the city council may require an environmental assessment of the proposed
use.
(xx) in addition to the requirements set forth in this provision, the city council
may require compliance with any other conditions, restrictions or
limitations regarding the type, location, size, material, number, the manner
of placement and installation, and removal of monuments, markers,
mausoleums, columbariums and plantings that are permitted within the
cemetery it deems to be reasonably necessary to protect the residential
character of the neighborhood.
B. Review Timeline
The applicant has given the City an extension for the review of the application which will run out
on December 13, 2006. The reason staff is highlighting this is that the plans are still insufficient
for review and as of the date of the Planning Commission meeting, there is only one additional
Planning Commission meeting and then two City Council meetings to review and make a final
determination on the project. There is not a long review period left for such a project which
normally the City has the liberty of taking 120-days to review. If the Planning Commission
reviews the lack of details and can't make a determination and needs another meeting, the City
will require another extension from the developer to sufficiently review the project through to the
City Council.
Rising Sun Memorial Park 4 [October 10, 2006 Planning Commission]
3. REVIEW AGENCIES
This application, especially being on a public water and state highway, has several agencies
reviewing it for permitting. The city has multiple staff reviewing and the other agencies include
the Department of Natural Resources, the Minnesota Department of Transportation, the Pioneer -
Sarah Watershed District, and because of the wetland impacts proposed, several other agencies
will have to provide a technical review of the impacts upon receipt of the permit for the work.
4. CONTEXT
A. Level of City Discretion in Decision -Making: Site Plan and CUP
The City has a relatively low level of discretion in approving or denying Site Plans and
Conditional Use Permits. The proposed zoning and use of the property must be consistent with
the City's Comprehensive Plan and Zoning Ordinance. In granting a conditional use permit, the
Medina City Council shall consider the advice and recommendations of the Planning Commission
and the effect of the proposed use upon the health, safety, morals, and general welfare of occupants
or surrounding lands. Among other things, the City Council shall consider the following:
(a) That the conditional use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the immediate vicinity.
(b) That the establishment of the conditional use will not impede the normal and orderly
development of surrounding vacant property for uses predominant in the area.
(c) That adequate utilities, access roads, drainage and other necessary facilities have been or
are being provided.
(d) That adequate measures have been or will be taken to provide sufficient off-street parking
and loading space to serve the proposed use.
(e) That adequate measures have been or will be taken to prevent or control offensive odor,
fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to
control lighted signs and other lights in such a manner that no disturbance to neighboring
properties will result.
(f) The use, in the opinion of the City Council, is reasonably related to the overall needs of the
City and to the existing land use.
(g) The use is consistent with the purposes of the zoning code and the purposes of the zoning
district in which the applicant intends to locate the proposed use.
(h) The use is not in conflict with the policies plan of the City.
(i) The use will not cause traffic hazard or congestion.
(j) Existing businesses nearby will not be adversely affected by intrusion of noise, glare or
general unsightliness.
Rising Sun Memorial Park 5 [October 10, 2006 Planning Commission]
(k) The developer shall submit a time schedule for completion of the project.
(1) The developer shall provide proof of ownership of the property to the Zoning Officer.
B. Additional New CUP Requirements
The applicant did submit several rounds of plans to the City after the final ordinance was adopted by
the City Council on September 5, 2006. Staff has reviewed and routed those plans to the outside
review agencies each time the applicant has submitted additional information. The latest set of
plans were delivered on Monday, October 2, 2006, just a few days before this report was due for the
Planning Commission's review. Because of this, City engineers, building officials and all the
outside agencies have yet to make their formal comments on the project. It does appear however
that the applicant has submitted all the additional requirements but that the plans are incorrect or
insufficient for review.
C. Surrounding Land Use and Zoning
The site is zoned Rural Residential. The adjacent properties to the east, west and south are also
Rural Residential. The properties to the immediate north over Highway 55 are Rural
Commercial Holding, see below.
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Rising Sun Memorial Park 6 [October 10, 2006 Planning Commission]
D. Natural Characteristics of Site
The site has significant natural features including Peter Lake and its surrounding wetlands and
marshes. The topography of the site is typical of a property near a water basin and has steep
slopes near the water and around the west and south side of the property. These two sides are
very steep traveling up towards the south and west side and are much flatter near the center of
the site and low near the lake. The Minnesota Land Cover Classification System data shows
swamps, marshes and some mixed scrub trees throughout the southwest corner of the site and in
between those features are emergent grasses and mixed disturbed vegetation.
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5. ANALYSIS: Site Plan Review
A. General Notes
The most recent site plan has been colored by the applicant to show all the areas of
improvements on the site (see below). The site plan sheets are all labeled "Concept" and should
be changed as this isn't a concept but a formal approval of what will take place on the property
and the developer will be required to implement all the plans including any additional
requirements that the City Council deem necessary. The site plan shows burial sites, Mausoleum
Crypts and Niches, Columbarium, Private Estates and Pet Burial areas. There is also a memorial
garden, walking paths, house converted to main office, maintenance shed and two sign areas.
The developer states in the his letter to the City that there are a total of 8,000 burial sites, 1,440
Rising Sun Memorial Park 7 [October 10, 2006 Planning Commission]
Mausoleum Crypts and 7,500 Columbarium Cremation Niches. Staff calculates a different
number for burial sites which derives from the site plan which is a total of 6,956 (the same for
the other types). There doesn't appear to be a label as to the number of pet burials and there is a
label near the center of the site directly outside of the parking area that says "burials" but doesn't
state the total number.
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Building Elevations
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The building elevations for all new burial structures have been provided in the submittal but not
of the existing house (converted to an office) and not that of the maintenance shed. All
structures will have to follow the newly -adopted ordinance for setbacks and height.
Setbacks
The house does not meet the setback of 50 feet for all sides. This is an existing house however
and may be grandfathered in for the requirement. The old setback was 20 feet which they do
meet (25 feet from the side lot line). The new 50 foot setback from lot lines for all structures is
being followed with this site plan with the exception of the entry monument and sign which is
around 5 feet off the property line near Highway 55. The other setback that is not being
followed which is the most significant item that is incorrect about this submittal is the 50 foot
setback from wetlands requirement. The applicant shows the setback only on certain parts of the
site plan but not all. Several improvement areas are within this setback and will have to be
removed before consideration of the project. Also, the updated site plan must show the 50-foot
setback from all sides to illustrate that no upright headstones can be located in this area.
Rising Sun Memorial Park 8 [October 10, 2006 Planning Commission]
Buffering of Structures and Outside Storage
The site has heavy tree cover in the southwest corner which you can see from the site plan and
from the aerials of the site. The lake also acts as a natural buffer on the east side (residential
across the lake). There is one house on the south side of the property, and one on the west side
of the property for which the applicant shows some new trees for screening purposes. The
pictures below show the view from the site across the lake and the view of the property across
the highway for which there isn't any additional screening provided. This could be difficult
though as the house sits high on a berm.
Rising Sun Memorial Park 9 [October 10, 2006 Planning Commission]
Landscaping/Tree Preservation
The site shows minimal formal landscaping for a cemetery. The applicant refers to a "Memorial
Flower Garden" near the lake but the landscaping plan doesn't show any details. The property
does have some tree areas that are not going to be disturbed for this project but a cemetery
generally has quite a bit of formal landscaping. The City doesn't have any landscaping
requirements for a residential Site Plan other than those used for screening and staff will
recommend additional screening and berming as necessary. The City does have a tree
replacement ordinance but the removal of trees for a street and driveway (and under 1 acre in
size) are exempted and therefore the applicant does not have to mitigate the tree loss which staff
calculates to be 85 caliper inches of trees.
Wetland Assessment/Impacts
There is a significant contiguous wetland on the site from Peter Lake. The applicant had the
wetland delineated and updated on the survey and site plan for review. The boundary was
approved by the City's wetland scientist per the Wetland Conservation Act and the City Council
determined that there should be a 50-foot setback for all structures from wetlands. This exhibit
below depicts the site plan that staff marked up to show the encroachments into the setback. The
developer has not complied with this requirement and therefore must remove all structures from
this area unless a variance is applied for and hardship can be met. The wetland buffer areas will
also need to be highlighted on the next submittal and the landscaping plan should be updated to
show the planting schedule for the buffer and the grading plan should show this area as included
for easement.
Bonestroo has also prepared some preliminary comments on the wetland impacts and has
determined that a full wetland permit for impacts must be submitted (see memo dated October 5,
2006).
i
Rising Sun Memorial Park 10 [October 10, 2006 Planning Commission]
Engineering: Drainage/Grading
The applicant has provided a geotechnical report for review and the City has commented that
there may be areas of perched groundwater throughout the site. The City will need more
information detailing what steps will be taken when groundwater is encountered. In the same
memo (see attached) the City's engineer illustrates many details still needed and/or changes that
need to be made for stormwater management, grading and erosion control, street details and
highway improvement details, all will be conditions of approval. After consideration of the site
and the comments already provided by MnDOT for the entrance, staff did not feel as though a
transportation study needed to be performed at this site. Similarly, staff did not feel that an
environmental study was needed as the applicant provided the geotechnical report and the
wetland delineation as well as the receipt of preliminary approvals from the DNR.
Pioneer -Sarah Watershed District and DNR (Shoreland Overlay District)
The Pioneer -Sarah Watershed District and DNR are still in the process of reviewing the latest
submittal. The preliminary memo from the watershed is attached for review as well as
correspondence from Tom Hovey with the DNR about the Ordinary High Water Level which has
been established as 964.14 for this public water basin. Peter Lake, 27-147P, is a RD
Recreational Development lake in the Shoreland Overlay District. The lot width requirement at
the Ordinary High Water Level is 150 feet and the structure setbacks are 75 feet from this mark.
The applicant is in compliance with these requirements. Total impervious surface can not
exceed 50% of the site per zoning district but 25% per the Shoreland Overlay District. The
current impervious surface is 0.19 acres and proposed is 1.58 acres, obviously well below the
either amount.
Lighting
This property is in Zone E1 of the city's lighting ordinance. This is an area with intrinsically
dark landscapes. This zone includes rural areas, including rural residential areas, where
preservation of natural darkness has been identified as a high priority. The ordinance doesn't
have any standards for residential lighting. The Site Plan ordinance requires a lighting plan and
the applicant has provided one that shows some new lighting at the site and the foot candles.
The applicant doesn't show any lighting near the entrance sign area. The plans shall be updated
to show additional lighting if implemented in this area.
Parking
There are not any ordinance requirements for parking for a cemetery. There are 17 parking stalls
shown at the site including one handicap stall. Staff feels because the road width has been
increased to 24 feet that this number of parking stalls is adequate. Staff further feels that there
should be an area of proof of parking so as to accommodate any future parking issues that may
arise.
Rising Sun Memorial Park 11 [October 10, 2006 Planning Commission]
Access/Service Road/Fire Access
The development of a cemetery will cause the access area on State Highway 55 to be improved.
MnDOT has weighed in on this development and all the correspondence and recommended
specifications are attached for your review. MnDOT has given the applicant two choices for the
improvements related to the left and right turns into the site and the City engineer also needs to
approve the improvements to not only the entrance but throughout the site. The submittal before
this one showed a private road through the site ending in a cul-de-sac. The Fire Marshal wrote a
memo to the applicant detailing why this was a poor design and thusly the site plan now shows
the drive as a 24-foot wide loop road. When funeral processions come through they will have to
pull over to one side to allow for a fire truck to navigate through the site in case of an
emergency. The city will also take an easement over this area and will post one side as no
parking fire lane (see attached memo from Fire Marshal).
Signage
There are two proposed sign areas for the site. The detail of the front entrance is found on the
last sheet of the submittal with the pictures of the site and typical monuments and structures.
The scale on the drawing equates to roughly 32 square feet of signage on the north side of the
property abutting Highway 55. The site plan however shows in print that there is additional
signage inside the entrance for which we do not have any details. Also, if there is to be lighting
of either of these sign areas, the lighting plan will need to be updated to reflect that.
Trash Enclosure
The site does not show any trash receptacles on the property nor does it show a trash enclosure.
Staff will need the details of refuse maintenance for the site.
Additional Items: Easements
The city will require easements over areas of drainage and utility, wetlands and buffers and
roadway areas for the entire site. The City will need the legal descriptions from the applicant's
surveyor for all easements for the property as part of the approvals. The City is in the process of
reviewing the title work for the property for consideration of the easements. There are two
easements that show up as recorded against the property and only one is shown on the survey.
The city will need the survey updated to reflect both easement areas.
6. RECOMMENDATION
Staff recommends that the applicant update the plans and then bring the correct plans that meet
all City ordinance and engineering specifications to the City for review and consideration at the
next Planning Commission scheduled for November 14, 2006. Staff further recommends that the
applicant provide to the City an extension for reviewing the project for January 31, 2007. This
extension should be received by November 6, 2006. Without further detail, staff is unable to
make a recommendation at this time.
Rising Sun Memorial Park 12 [October 10, 2006 Planning Commission]
The following conditions relate to the overall project at this time:
1. The word "Concept" should be removed from all the plan sheets.
2. The true number of burial sites shall be updated on the site plan for all burial areas
and types.
3. The entry monument and sign near Highway 55 shall be moved to meet the 50-
foot setback from property line.
4. The 50 foot setback from wetlands requirement needs to be delineated and shaded
on the site plan.
5. The existing septic system shall be reviewed by the City's Building Inspector for
compliance.
6. All the improvements that are within the wetland setback area shall be relocated
throughout the site.
7. The updated site plan must show the 50-foot setback from all sides to illustrate
that no upright headstones or structures can be located in this area.
8. The landscape plan shall be updated to show the types and amounts of plants in
the "Memorial Flower Garden" near the lake.
9. Additional screening and berming shall be shown in all areas with proximity to
residential single-family homes.
10. The final landscaping plan shall show trees in no less than 10 gallon containers.
11. The landscaping plan shall be updated to show the planting schedule for the
wetland buffer with a recommended MnDOT seed mix.
12. The lighting plan shall be updated to show additional lighting if implemented in
any of the sign areas.
13. Proof of parking shall be shown on the site plan so as to accommodate any future
parking issues that may arise.
14. The signage for both locations needs to be included, to scale, on the site plan.
15. A separate plan shall be created to show all areas for easement purposes.
16. There are two easements that show up as recorded against the property and only
one is shown on the survey. The city will need the survey updated to reflect both
easement areas.
17. The City will need more information detailing what steps will be taken when
groundwater is encountered during excavation of the site.
18. A letter of credit for an amount approved by the City engineer for the site
improvements shall be required.
19. A development agreement prepared by the City shall be required.
20. All conditions in the City engineer memo dated October 5, 2006 shall be
requirements for the development.
21. All final conditions of the Fire Marshal and Building Inspector shall be
requirements for the development.
22. All final conditions of the Minnesota Department of Transportation shall be
requirements for the development which will include a permit and financial
guarantee for the construction.
23. All final conditions of the Minnesota Department of Natural Resources shall be
requirements for the development.
24. All final conditions of the Pioneer -Sarah Watershed District shall be requirements
for the development.
25. The applicant shall show one side of the private road as dedicated for the fire lane
and posted no parking.
Rising Sun Memorial Park 13 [October 10, 2006 Planning Commission]
26. The applicant shall pay to the City all fees associated with the review of the
Conditional Use Permit application.
ATTACHMENTS:
1. Applicant letters dated June 5, 2006 and September 25, 2006.
2. 350-foot notice to residents map
3. Development Plans
4. Planning Commission Minutes from July 11, 2006 and August 8, 2006
5. City Council Minutes from August 15, 2006 and September 5, 2006
6. Bonestroo, Rosene, Anderlik & Associates Memo dated October 5, 2006
7. Metro West memo dated September 25, 2006
8. MnDOT memo and illustrations dated July 7, 2006 and follow up email dated july
28, 2006
9. Pioneer -Sarah Watershed District Memo dated July 24, 2006
10. DNR email dated June 6, 2006
CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY October 10, 2006
7:00 P.M.
MEDINA CITY HALL
1. Call to Order
2. Public Comments
3. Update from City Council proceedings
4. Discussion of Comp Plan Neighborhood Meetings October -November (Not
Special Meeting)
5. Reminder of Joint Meeting October 24, 2006 (Call for Special Meeting)
6. City Planner's Report
7. Approval of September 13, 2006 Planning Commission minutes
8. Bancor Group Inc., Concept Plan for Medina Golf Course (Public Hearing)
9. Rising Sun Memorial Park, Conditional Use Permit, Site Plan Review (Public
Hearing)
10. Adjourn
Posted in City Hall September 27, 2006