HomeMy Public PortalAbout04-14-2009CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY, APRIL 14, 2009
7:00 P.M.
MEDINA CITY HALL
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of March 10, 2009 Planning Commission minutes.
6. Presentation: Low Impact Design — Julie Westerlund, Minnehaha Creek
Watershed District
7. Public Hearing: Holy Name Cemetery — (PIDs 24-118-23-14-0011 & 24-
118-23-14-0006) — Lot Combination, Conditional Use Permit, Site Plan,
Interim Use Permit, and Easement Vacation to expand existing cemetery
and construct a wooded pathway for cremation burials.
8. Public Hearing: Ordinance Amendment — Chapter 8, Sections 825 and
826 of the City's Code— Regulations related to the Public/Semi-Public
zoning district and other regulations related institutional land uses such as
municipal buildings and religious institutions.
9. Public Hearing: Zoning Map Amendment — Rezone the following parcels
to Rural Public/Semi-Public:
a. PID#22-118-23-24-0004 — 2052 County Road 24 (Medina City Hall)
b. PID#23-118-23-23-0001 — 1500 County Road 24 (Woodridge Church)
c. PID#27-118-23-23-0008 — 2300 Cox Trail (First Apostolic Lutheran
Church)
10. Adjourn
Posted in City Hall April 8, 2009
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner
DATE: April 9, 2009
RE: Planning Department Updates for April 14, 2009 Planning Commission Meeting
Agenda Item 5: Julie Westerlund from the Minnehaha Creek Watershed District will make a
presentation regarding Low Impact Development principals. The presentation will be followed
with a question and answer session that will likely take approximately 45 minutes.
Clean -Up Day: Medina Clean -Up Day will be held Saturday, April 25.
Park Tour: The Park Commission has invited Planning Commissioners to attend a tour of City
Parks. The tour will be held on Saturday, May 16th, from 10:30 a.m. to 2:30 p.m.
Update on Current Planning Department Projects
A) CUP Standards for Religious Institutions — staff has prepared an ordinance following
the direction of the Planning Commission and City Council. Staff has sent notices for
Public Hearings regarding the ordinance amendments, and also a re -zoning of three
properties (City Hall, Woodridge Church, and 1st Apostolic Lutheran Church) to
surrounding property owners.
B) Holy Name Cemetery —a Public Hearing at the April 14 Planning Commission meeting.
C) Michael Anderson (and Wallace Anderson) Final Plat — 985 and 995 Medina Road —
The City Council approved this item at the April 7 meeting.
D) Woodridge Church — 1500 County Road 24 — the applicant has provided an extension
that extends 60 days following the completion of the moratorium. They plan to be active
in the discussion regarding the updated ordinance regulations.
E) Wrangler's Restaurant — 32 Hamel Road — the application has been deemed incomplete.
Staff awaits updated plans in order to complete a review.
F) Comprehensive Plan Update — the Met Council has deemed the City's submittal
incomplete for review. Staff received direction from the City Council to make a number
of changes at the April 7 meeting. These changes are mostly technical, and generally
involve adding additional information requested by the Met Council. The City Council
directed staff to resubmit the plan after the changes are made.
G) Private Recreation Zoning District — the ordinance will be placed on a future agenda
after the Council has acted on the Public/Semi-Public zoning ordinances.
H) General Business and Industrial Ordinances — the ordinance will be placed on a future
agenda following Council action on the PREC ordinance.
Planning Dept. Update
Page 1 of 1 Planning Commission — April 14, 2009
Medina Planning Commission Draft March 10, 2009 Meeting Minutes
CITY OF MEDINA PLANNING COMMISSION
Draft Meeting Minutes
Tuesday, March 10, 2009
1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:04 p.m.
Present: Planning Commissioners, Charles Nolan, Robin Reid, Victoria Reid, Michele Litts,
Beth Nielsen, and Jim Simons
Absent: Mary Verbick
Also Present: Associate Planner Dusty Finke, and Planning Assistant Debra Peterson -Dufresne
2. Public Comments on Items not on the Agenda:
No public comments.
3. Update from City Council Proceedings:
Weir updated the Commission that the City Council:
• Accepted donation from Gerry Dykhoff of the Hamel Athletic Association for building a
field house at Hamel Legion Park
• Appointments were made for a task force for planning the field house project in Hamel
Legions Park
• Approved a moratorium for up to one year on CUP's for institutional uses in order to
consider which zoning district larger scale institutions most appropriately belong in, with
consideration to public safety, health and resident welfare.
• Approved an ordinance for a City road and utility improvement assessment policy and
directed staff to make it available to the public on the City web site.
• Updated the Parks and Recreational Facilities ordinance.
• Directed staff to incentivize an integrated development approach that encourages
coordinated over-all design, shared parking and shared storm water management; that
integrates LID practices; requires a CUP for buildings of 50,000 square footage or more
and allows limited outdoor storage if it is fully screened. The Council also followed the
Planning Commission's recommendation to apply the residential tree preservation
ordinance City wide.
• Looked at the Uptown Hamel Tax Increment District cash flow and directed staff to
pursue 1.) An Uptown Hamel sign at Sioux Drive and Highway 55; 2.) The possibility of
purchasing land for a future parking ramp. Council also directed staff to seek approval
from the legislature to extend the five year rule a further five years in order to complete
more public improvements to encourage development. They also informed the
Commission that they are interested in future TIF cash flows being directed to write
down fees to incentivize development in Uptown Hamel.
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
• Approved a County Road 116 Trail Agreement with Hennepin County for Cost
Participation for a trail from Highway 55 to Hackamore.
• Reviewed an attractive new Medina logo. The idea of revising the logo was launched 18
months ago, before the economic turndown. The City ran a contest and resident graphic
designer Lori Dalrymple won. She offers her talents at a minimal cost. When final
design is approved, the logo will be phased in as stationary runs out and signs need
replacing, in order to save costs. A public comment period is planned.
• Directed staff to offer incentives for urban water users to meter irrigation and household
water use separately so sewer fees can be measured more equitably.
4. Planning Department Report:
Finke updated the Commission:
• An Ordinance Amendment for institutional uses will be brought to the next Commission
meeting in April.
• Holy Name Cemetery submitted an application for a Lot Combination, CUP Amendment,
IUP, Easement Vacation, and Site Plan Review to expand the cemetery.
• The ordinance to follow institutional uses will be residential.
R. Reid asked if the cemetery application was impacted by the moratorium. Finke said it was not
impacted by the moratorium.
5. Approval of January 13, 2009 Planning Commission Minutes:
Motion by R. Reid, seconded by Litts to approve the January 13, 2009 minutes with no
changes. Motion carried unanimously.
6. Open Discussion Item: Religious Institutions, Government Facilities, Schools, and
Cemeteries:
Chair Nolan explained to the public that the discussion is not a public hearing, but rather an open
house to discuss institutional type uses. He further explained that specific properties would not
be discussed. The next Planning Commission meeting would be open to the public and a public
hearing would be held allowing the public to voice their concern regarding a specific property.
The open house was to discuss regulations in general and provide direction to Planning staff for
the upcoming ordinance.
Finke provided background details of why the Commission was discussing institutional uses and
how it related to the Comprehensive Plan and ordinance updates. He also mentioned that on
February 3, 2009 the City Council'adopted a moratorium on religious institutions so they can not
build new or expand.
Finke requested the Commission to discuss "preferred locations" for new institutional uses in the
City. Nolan explained the approach he would like to take with the meeting. Simons asked if
staff had more of a historic explanation of the existing churches. Finke explained that St. Anne's
Medina Planning Commission Draft March 10, 2009 Meeting Minutes
is in the hub of the City since it is within the downtown Hamel area. The remaining churches are
more rural in nature which is the character of the community. Simons asked if the map staff
presented identifies all the institutional uses on the map. Finke explained that all were identified
on the map, not just religious uses. Simons said while the focus is religious institutions, he also
felt that decisions the Commission makes will have an impact on other uses within the district.
R. Reid asked if a new church application came into the City if it would be zoned Public/Semi-
Public. Finke explained that a property would have to go through the rezoning process.
R. Reid asked how staffs recommendation impacted existing religious institutions. Victoria
Reid asked how the tiered system was created. Finke explained that he reviewed other
community ordinances and took Medina's religious institutions into account when creating the
recommended criteria.
Alan Wondra, resident at 2045 Tamarack Drive, he thanked Finke for a fine presentation and
said that he liked the recommendation of staff He recommended staff draft an ordinance that
allows both small and large religious institutions within sewered areas.
Paul Johnson, Senior Pastor of Woodridge Church said he appreciates the work done in the past
with previous applications. He thought he could add value to the discussion and inform the
Commission that churches consider their church at full capacity when either the parking lot or
auditorium seating is at 75% capacity. He said once a church gets to 75% capacity they will
implement additional services. Events like Easter and Christmas Eve are exceptions, which are
typically at a higher than 75% capacity of a typical week. He likes the approach of determining
size of the church by seats and square footage. He said that allowing a larger volume of seats has
a lesser impact. Woodridge Church supports the smaller scale churches within the rural areas
and they do not intend to have 1000 seats in the future.
Nielsen asked what triggers the number of services. Paul Johnson said that most people want to
attend church on Sundays between the hours of 9:00 a.m. and 12:00 p.m. Anything outside of
that is less desirable. The positive with Sunday services is that traffic patterns on roadways are
less busy so the impact of the church service isn't added to the daily traffic.
Ann Theis, resident at 1922 Willow Drive, felt schools and churches are not appropriate in a
rural zone. She's not sure about the three tier approach, because a small church will grow over
time. She feels that churches are not appropriate in rural areas that do not have City sewer
services.
Peter Slocum, resident at 1752 County Road 24 and new to the City, said he understands why all
churches are under a conditional use permit (CUP) and would hope churches continue to fall
under a CUP. He didn't feel the City should strictly rely on restrictions based on sanctuary size
alone. He does not want the rural septic systems taken for granted since the soils aren't
necessarily the best in the community. He further stated the soils determine where a septic
system can be installed and he would not like to see a church on a holding tank.
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
Nolan suggested opening the discussion up to the Commissioners. He suggested the
Commission first discuss tiered uses. Simons suggested they first discuss areas with and without
City sewer. Simons said the City has spent a lot of time on ground water and low impact design
and would like to continue to keep that in mind.
Nielsen agrees with Simons since she's seen what negative things can happen in areas with a
private septic system. Litts asked if staff had information on septic systems as they relate to
capacity. Finke explained that septic systems are designed based on the use and size. The
implications of a septic system failing is something to consider, but is not the only factor to
consider.
R. Reid agreed that it is important to fit the use with what is in the surrounding area. She also
felt the City has to be very careful of what is recommended since churches grow over time. She
thinks a maximum size should be established.
V. Reid supports a tiered system.
Simons reminded the Commission that they are talking about more than just religious
institutions. V. Reid asked for clarification on types of schools. Finke said the City could apply
standards such as seats for both churches and schools.
Simons asked if staff looked at occupancy. Finke said it is less common to use maximum
occupancy. He said it's more common to use square footage and feels it covers the more
intensive times within the building. Occupancy gets more specific of what is possible. Simons
said that building tenants can change over time. He said even though it's standard to only have a
75% full church, there are not regulations to control it. Nolan does not support the rural type
institutions. He said the soils are sensitive and the natural environment is impacted. He doesn't
favor the use of the rural residential areas for religious uses. He said he would like to discuss
tiering in sewered areas with the Commission.
Simons agreed with Nolan. Nolan said churches are not small anymore like they use to be. The
City has to assume most, if not all, will be high intensity. He felt that if we didn't look at it that
way, we'd run into issues.
Nolan asked if Finke's explanation was the consensus. The Commission agreed.
The general consensus was a tier approach. Nolan said they should look at some level of tiering.
Finke reviewed floor area and asked about what makes sense with rural areas.
Finke asked for clarification of the Commission, whether they wanted to establish a threshold for
public semi-public. Simons asked how Holy Name fit within the threshold. Finke said they have
accessibility to urban services. Simons asked for clarification of how staff wanted to handle
existing uses. He asked if the City was going to make properties nonconforming. Finke said the
threshold was established to not bring the existing uses into nonconformity, yet the Commission
could change staff s recommendation.
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
R. Reid asked if First Apostolic had urban services. Finke stated that he didn't think they had
urban services available to them. R. Reid further asked if they'd differentiate between urban
residential and urban commercial. Finke explained he wanted the Commission to discuss things
in general, in more broader terms and at a separate meeting discuss more specifically. Finke
asked if the Commission wanted to set thresholds. Nolan raised concern with uses that are not
religious institutions, such as the Hennepin County building. Finke explained that Hennepin
County is under a Planned Unit Development and would be treated differently.
Simons said he liked the notion of breaking down urban services into more than one tier. He
said they should look at what would be covered under urban services, such as commercial and
residential.
Nolan summarized the Commissions opinion stating there was support for a tiered system and
the larger the facility the more activity would be expected. They felt the regulations should take
the number of seats and size of the facility into consideration.
Simons suggested breaking urban services down to more than one tier.
Nolan asked for direction on areas that have City sewer. Finke clarified Residential versus
Commercial in that more intensive uses should be near commercial and less intensive uses near
residential, with roadways and traffic a consideration.
Nolan said the larger the facility the more activity to the site. He likes the recommendation of
the number of seats and square footage of building. Simons also suggested the number of trips
per day. The Commission would like to have additional research on the levels established, but
would like it to be looked at further.
Nielsen asked what is done with events that are large. Johnson clarified the church has four
services on that day rather than just one service. Nielsen asked if the use exceeded the
regulation, does the City receive complaints. Nolan said yes, the City would expect to receive
complaints from area neighbors.
Nolan asked if the Commission was comfortable with a dual tier system (seats and floor area).
V. Reid said she really liked the idea. R. Reid asked which would be required. Nolan said that
both seats and floor area would be required. The consensus was an applicant would have to meet
both requirements.
The Commission requested further research to determine maximum square footage and
maximum seating. R. Reid said the capacity shouldn't be limited to just the sanctuary, but also
the spaces within the building. Nolan raised concern that the Commission needed to think about
other uses besides religious institutions.
Brent Nolby of Woodridge said if the City used the concept of the tier system, existing churches
would be close to the 500 seat regulation already.
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Medina Planning Commission Draft March 10, 2009 Meel:ing Minutes
V. Reid raised concern of rural residential properties not being allowed to hold gatherings
according to the regulation, and asked Planning staff to research further to avoid such a conflict.
Alan Wondra stated that the Woodridge representative addressed how a church is run, and other
uses such as schools may need to be looked at differently with their own set of parameters.
Churches, schools and other uses would have individual regulations.
Nolan stated that no one wants a nonconforming use or to allow nonconforming uses to expand
in the rural residential zoning district. Finke asked the Commission if they were in favor of
rezoning the rural properties to public/semi-public.
R. Reid asked for clarity to set limits on the public/semi-public district. Finke explained that if a
property is in rural residential it could no longer be zoned rural residential, but rezoned with new
regulations. Finke explained that intensity of use was one of the reasons for the moratorium.
Consensus of the Commission was to eliminate rural residential zoning of religious institutions,
create public policy, avoid nonconformity, and make sure it's clear where thresholds fall. The
Commission was open to more than one tier in the urban services area if Planning staff found it
necessary.
Finke said staff would move forward with the public/semi-public specifically to deal with
specific institutional uses. Finke explained it's difficult to compare other uses since the City has
not yet established regulations for the various districts, which would come later in the process.
Alan Wonder spoke to the Commission noting the new City logo looked great. He said the items
being discussed were mainly religious uses and wondered how it would impact other uses. He
asked if the tier system regulates schools, churches and all other uses the same, or would they
each be regulated differently. Nolan agreed that it is an important distinction.
Nolan asked Finke what level of detail he expected from the Commission. Finke said the
direction that had already been provided helped to clarify. Finke explained that currently the
City had specific standards. He stated the Council is not satisfied with the current regulations
and would like them modified. Nolan asked what the focus should be as their next discussion
point. Simons clarified that the staff report had the current regulations and that it should be used
as a benchmark. Finke explained that the City had already enacted the Rural Residential
standards which are what they are looking at in their report. The Commission requested staff to
analyze existing churches with the recommended standards.
Finke asked the Commission to review the existing churches and to decide what thresholds they
would like to see. He said if there wasn't enough information to make a determination,
identifying what was needed would be appreciated, and it would be brought back to the next
Commission meeting.
V. Reid asked if the standard was lowered, would existing structures be able to expand. Finke
explained that the uses would be able to make internal modifications and maintenance, but would
not be able to expand. V. Reid said it would bring the properties into nonconformity and asked
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
what the point would be to have the public/semi-public district. Finke explained that making a
property nonconforming is always a concern due to the impacts. He said if the intention was not
to allow others to develop in the future, it would be a reason for setting the regulation. Nolan
said it was a goal everyone embraced, to not create nonconforming properties. Simons felt that
to be more specific would bedifficult without additional information. Nolan asked the public if
the concerns were traffic and on -site lighting.
Nolan further asked the public what issues are of concern, especially those that live near a
religious institution.
Martha VandeVen, resident at 1765 Medina Road, said they live on top of the hill and they look
over the Woodridge Church and its parking lot. They see the church from their kitchen and
family room. She said she'd like to update the Commission on the Comprehensive Plan
objectives. She said a building should compliment the character of the surrounding land uses
and preserve wetlands. She said behind Woodridge is a huge wetland. She doesn't think a large
institutional use compliments the character of a rural residential area and that it is not appropriate
to allow a big box structure. She said the definition of a church is a place of gathering. She has
lived at their home prior to Woodridge Church developing and since the church developed, the
wildlife has reduced. She's not sure if it's the church, or if it's the light pollution, increased
activity into the later hours, or if its water quality. She further feels religious institutions do not
belong in an area that is not serviced by City sewer services. She is concerned with the over
burdening of their septic system. In her opinion a religious institution should be located near
transit. If it is not near transit then a church needs a significant number of parking spaces and
hard coverage. She asked that the Commission not only look at seats, but also the capacity
within the building and its adjoining rooms for overflow from the sanctuary. She realizes the
City doesn't want nonconforming uses, but encourages the Commission to adopt regulations to
not allow expansions up to 50,000 square feet as suggested. She said bigger means busier. It
may be more days per week and more hours per day.
Nolan asked if any of the churches were out of compliance based on the recommended standards.
Finke said that staff does not know at this time, but it could be provided at a future meeting.
Paul Johnson of Woodridge church stated the parking lot run-off goes into a holding tank and is
cleaner than prior to it being developed.
Nolan provided clarification of existing uses.
Nicole Thompson of Station 19 Architects offered insight on churches. She said when they
design a church they look at a churches specific needs. Lighting is regulated by City standards
and perhaps the ordinance should be looked at for revision if it is an issue. Lights are typically
set up on timers, so the solution may be to turn off the lights earlier. It also may be worthwhile
for the City to talk to a septic designer to help clarify issues the Commission may have regarding
septic systems in rural areas.
Simons asked Nicole what the typical size of a church is in relationship to the sanctuary size.
She said it really depends on affordability. The trend is that people do not want to walk more
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
than 300 feet, and 500 seats in a sanctuary is typically a 50,000 square foot building. The size
also depends on classrooms and how many services the church provides. A lot of churches
develop in phases.
Madeleine Linck, resident at 1762 Morgan Road, said she has a concern with the traffic
increasing. She likes to think of traffic being lighter on Sundays so she can ride her bike. She
thinks bigger means busier.
Stephanie Siitari, resident at 1795 Medina Road, congratulated the Commission on the
Comprehensive Plan. She asked if the Comprehensive Plan had been in place prior to the first
religious institution being approved and if the Commission knew then what they know now,
would they have allowed the use. She further stated that more people create more problems and
asked what happens at a facility when an emergency occurs. With 296 parking spaces at
Woodridge Church and three people per car, it creates the potential for 888 people to attend the
church. She asked who pays for emergency services to the church. At a time when the City is
trying to reduce its budget and is talking about getting rid of a police officer, she wasn't sure of
the capacity a City could handle as far as public services. She raised the question since the City
is in a time of financial crisis and felt that whether the City could provide services was a valid
concern.
Finke stated that Target in Medina is closer to 120,000 square feet.
V. Reid said that until she knows about implications of existing uses, it's difficult to know.
Nielsen said at first blush the numbers look reasonable, but would like to get more public
comment and additional research before making a decision.
R. Reid asked if the City was considering sewer service availability to Holy Name Church.
Finke said yes, staff is considering making services available to them. Finke clarified that three
religious institutions were currently zoned rural residential, and one property urban commercial.
He further explained that two properties (St. Anne's and Holy Name) had urban services
available. Only two religious institutions would be rezoned to public/semi-public. R. Reid felt it
was inconsistent. Finke clarified that was consistent, since larger churches would have urban
services and the smaller churches would have private sewer and water. He felt it was consistent
since uses such as schools have a higher demand for services.
The Commission discussed a church with 500 seats and the amount of square footage it would
take for the sanctuary, as well as what the balance of space would remain for the rest of the
church for a 50,000 square foot building. Nolan said the conversation of doubling the intensity
of the use is more than he was thinking. Neilson said that with the exception of church services,
churches generally don't have a lot going on at the same time. Woodridge may be an exception
with their activities.
Nielsen stated her church typically doesn't have anything else going on during the time of
services. Johnson stated that Woodridge has Sunday school for youth during their services.
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Medina Planning Commission Draft March 10, 2009 Meeting Minutes
Nolan said the existing religious institutions serve a need. He's concerned with increasing the
intensity in the rural area from what they are currently. He doesn't have an issue with increasing
the usability within a building, but to create more intensity such as traffic and the number of
people, he doesn't know where that limit is. In theory, doubling the intensity of a use that we
really see more suited for a different area of the City doesn't seem consistent with what we are
trying to accomplish. When it comes to more intensity he wants to be careful.
R. Reid said she wants to allow for some growth, but 50,000 square feet seems too large. She
thinks the City should allow for growth and would feel more comfortable with around 40,000
square feet. Finke said using square footage does have an impact on the intensity inside the
building. R. Reid said size is something that can be measured, but traffic is all theoretical. She
said she drives by First Apostolic every day and has only seen cars there once. She said the City
can't predict what they're going to do in the space, but the space can be measured. Nolan asked
if there is any type of traffic information out there.
Pastor Johnson said when they originally built Woodridge Church they were required to
complete a traffic study, which assisted in placing the current driveway entrance location. He
said Sundays are the only day the church has two services/events.
Nolan asked what can be put into a 50,000 square foot building, or how many students can fit in
a 50,000 square foot school. Finke explained that Holy Name had 90,000 square feet for K-6a'
grade. R. Reid asked if lighting and signage apply in residential zoning districts and Finke
replied yes. Finke said the City could have different standards for a school than a religious
institution. The Commission consensus was that 50,000 square feet appears to be too much.
Finke stated that he would bring other examples (square footage) to the Commission at their next
meeting.
7. Adjourn: Motion by R. Reid, seconded by Simons to adjourn at 10:02p.m. Motion
carried unanimously (absent Verbick).
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Agenda Item: 7
MEMORANDUM
TO: Planning Commission
FROM: Debra Peterson -Dufresne, Planning Assistant
DATE: April 10, 2009
MEETING: April 14, 2009 Planning Commission
SUBJ:
Holy Name Cemetery Lot Combinations, CUP, Site Plan Review, IUP, and
Easement Vacation — Public Hearing
Background
The existing Holy Name Cemetery site is at the NE corner of Holy Name Drive and County
Road 24. The cemetery is currently 4.71 acres in size. The applicant proposes combine the
existing cemetery with the 1.81 acre parcel (52 County Road 24) to the east. The church
purchased this parcel to 1995 for future expansion of the cemetery. The property has a single
family home on -site that is occupied by the former owner under a life estate agreement. The
applicant proposes to leave the home in place until a further expansion of the cemetery.
The applicant proposes to add 344 in -ground burial sites with markers flush to the ground and a
separate wooded pathway cremation burial area. The majority of the burial sites are proposed to
be located near the single family home and woodland pathway cremation burial area would be
placed in the existing wooded area between the existing burials and the proposed new burials.
The wooded pathway would provide an alternative to traditional burial sites. One hundred
twelve above ground cremations are proposed to be integrated in a natural setting by placing
benches and stones along the path as part of Phase I. See the attached site plan for locations.
Staff researched the history of the cemetery and could not find a CUP for the existing cemetery.
Both the cemetery and residential lot are zoned Suburban Residential (SR) and guided Rural
Residential (RR) in the 2000-2020 Comprehensive Plan.
Site Plan Review Process
The Planning Commission shall review the proposed site plan on the basis of the information and
documentation submitted by the applicant and any other information available. The review may
occur separately or in conjunction with any other city hearing or review required under state
statute, this ordinance or other applicable law regarding the same property or development and
occurring at the same time.
The Planning Commission shall review the proposed site plan to determine whether it is
consistent with the requirements of the ordinance, including the applicable development
standards and the purpose of the zoning district in which the property is located. Following the
review, the Planning Commission shall recommend that the site plan be approved, approved with
conditions or denied. The Planning Commission shall forward its recommendation to the city
council. Staff recommends approval of the Site Plan Review with the recommended conditions
at the end of this staff report.
Interim Use Permit
The applicant requests an IUP for the single family home to be used on the newly combined
cemetery parcel. Section 825.73 of the ordinance allows the establishment or continuation of an
interim use under specific and regulated conditions. Interim uses may be allowed by permit if
the following conditions are met:
a) The use conforms to the zoning regulations;
The use of the single family residence is permitted in the SR zoning district. The house
meets all setback requirements from all property lines. The purpose of the IUP is to
allow the single family residence to continue to be occupied by the former owner under a
life estate or in the future a cemetery caretaker or priest. The City would likely not wish
to permit both uses on the same lot indefinitely.
b) The date or event that will terminate the use can be identified with certainty;
It is recommended the IUP terminate when Phase II is initiated or in 15 years, whichever
occurs first. An IUP Amendment would be required to extend the period of years.
c) The user agrees to any conditions that the city council deems appropriate for permission
of the use.
Staff has recommended conditions of approval on the IUP application at the end of the
staff report.
Site Details
Site Area
Existing Cemetery Site Area:
Lot Added to Cemetery (ROW Dedicated):
Total Site Area:
4.71 acres
1.81 acres (Lot area with ROW is 2 acres)
6.52 acres
In -Ground Burial Sites
Existing In -ground Burial Sites: 857
Proposed In -ground Burial Sites: 344
Total In -ground Burial Sites: 1201
Wooded Pathwav/Cremation Burials
Proposed In -Bench Cremation Niches: 12
Cremation Stones: 100
Total Above Ground Burials: 112
Benches and Stones
Twelve cremation benches and 100 cremation stones are proposed to be installed along the
Woodland Path. All benches and stones along the path will be granite. The stones are 20 inches
by 20 inches in diameter and the benches are roughly four feet across, 14 inches in depth and 16
inches high. An illustration of these structures is attached.
Holy Name Cemetery 2
Lot Combination/Easement Vacation
Holy Name of Jesus Church is the fee title owner of both lots proposed to be combined. New
drainage and utility easements are proposed along the north, south, and east property lines of the
land being added to the cemetery. The lot combination meets all minimum lot size requirements
of the SR zoning district. The applicant has also requested vacating existing drainage and utility
easement adjacent to the property line that will disappear as a result of the combination. This
request will be reviewed by the City Council.
Right -of -Way Dedication
The certificate of survey does not show right-of-way dedication along County Road 24. Staff
recommends a condition requiring a 40-foot right-of-way dedication. The applicant does not
have an issue with the condition.
Impervious Surface
Existing Cemetery Impervious Surface:
Existing Residential Lot Impervious Surface:
Proposed Phase I Impervious Surface:
9.8%
9.1%
10.2%
Septic System/Water
The single family home lot is on its own private well and septic. The septic system was pumped
in September of 2008 as part of the septic pumping program the City initiated last year. The
system was noted as not watertight. The Building Official has indicated that a failing ISTS shall
be upgraded, replaced, repaired or its use discontinued within three (3) years. City sewer is
along County Road 24 and has the ability to hook-up. The system shall either be brought into
compliance or hooked up to city sewer.
Setbacks
The Single family home meets all front, side and rear setback requirements. The 344 new in -
ground burials meet the 40 foot setback requirement to all lot lines. A small portion of the
wooded pathway/cremation burial area encroaches within the 40 foot setback area. In -ground
and above ground burials including cremations are required to be set back 40 feet from all
property lines. The wooded pathway may encroach within this setback area but the cremations
should not be placed within this area. Staff has brought this to the attention of the applicant and
they have agreed to not place benches or stones within the 40 foot setback area. This is placed as
a condition which will prohibit cremations to be located along the north side of the path.
Staff also reviewed the plans for Phase II and found them to be in compliance with setbacks.
The applicant will need to get separate approval for Phase II at a future date. If the setback
requirements for cemeteries change it could have an impact on the plans for Phase II.
Parking
The cemetery is not proposing a separate parking area other than the existing gravel road. Staff
requested the applicant to evaluate the cemetery's needs for parking spaces. The applicant felt
visitations at the cemetery are very minor and, in their estimation, would not justify the need for
a parking area. The applicant agrees to re -visit parking needs during Phase II.
Holy Name Cemetery 3
Tree Inventory/Preservation/Replacement Plan
The applicant does not propose to remove significant trees as part of the project. The significant
trees in the wooded pathway/cremation burial area should have little to no impact from the
installation of benches and woodchip path. Staff feels that five significant trees will be impacted
by the new burials due to digging within the dripline. The applicant is allowed to remove 15%
of significant trees without replacement and the trees impacted by the new burial sites fall below
the allowable threshold.
Landscaping/Planting within Easements
The applicant proposes to plant 74 black hills spruce trees 3-4 feet in height and four American
linden 8-10 feet in height, one inch in diameter. The planting plan places the majority of the
black hills spruce trees along the north property line and a portion along the east property line.
The CUP criteria for cemeteries require overstory trees be planted in a park -like design. Staff
has recommended the tree layout be redesigned.
The planting plan shows trees within the drainage and utility easements, which is not allowed.
The applicant does not have an issue planting the trees outside of the easement area.
Wetlands
A wetland delineation report was provided to the City Engineer January 9, 2009. Reports
submitted outside the growing season are considered incomplete since determination of wetland
boundaries isn't feasible. The applicant is aware that the wetland report can not be reviewed
until after May 1st. Bonestroo does not think the wetland boundary has an impact on setbacks for
Phase I but Phase II may be impacted by setback requirements and will be reviewed separately.
Engineering Considerations
Engineering did not have additional comments regarding Phase I of the cemetery expansion.
Building Official/Fire Marshal
The Building Official/Fire Marshal recommended the new road be a minimum of 16 feet wide
when installed. The roadway expansion is part of Phase II and the applicant has agreed to revisit
the roadway width and location of trees along the road in Phase II.
Police Considerations
The Police Department does not have issues with the cemetery expansion.
Hennepin County Transportation Department
Hennepin County finds Phase I acceptable.
Department of Natural Resources (DNR)
The DNR does not have any comments.
Holy Name Cemetery 4
Conditional Use Permit Standards for Cemeteries
In addition to general CUP standards specified in section 825.39 of the city's ordinance, no
conditional use permit shall be granted unless the city council determines that all of the specific
standards below are met:
a) Maximum lot area of ten acres;
The cemetery, as proposed, would be 6.52 acres in size.
b) Located with access to a collector or arterial roadway as identified in the comprehensive
plan;
Access is off of County Road 24 and Holy Name Drive, in compliance with the
ordinance.
c) 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;
The existing roadway going east/west is 15 feet wide and the section going
north/south narrows to 10 feet. Staff does not recommend improving the road with
Phase I. However, staff recommends that the existing road be upgraded and the
new road meet the requirements of the ordinance when Phase II is proposed.
d) Direct views from all adjoining residential parcels must be screened by appropriate
means;
The applicant has proposed significant plantings adjacent to the new burials.
e) A11 burial sites must be set back the greater of the following distances from all property
lines. Identified future burial sites within existing cemeteries which are on file with the
city prior to December 31, 2007 shall not be subject to this setback:
1) A distance equal to the structure setbacks that are required by the applicable zoning
district; or
2) Twenty (20) feet.
Proposed burial sites abide by setback requirements.
f) Buildings, parking areas, mausoleums, columbarium's and upright grave markers that
exceed 24 inches in height must be set back a minimum of 50 feet from all property lines;
Phase I and II comply with the minimum setback requirements.
All improvements, including grave sites, must be set back a minimum of 50 feet from all
wetlands;
Phase I meets the minimum requirement.
h) Established and operated in compliance with the requirements of Minnesota Statutes,
Chapters 306 or 307, as amended;
g)
Holy Name Cemetery 5
The church stated they adhere to the statutes insofar as they represent best practices
and insofar as the sale of all burial lots is governed by law.
i) Sufficient maintenance and perpetual care funds as required by Minnesota Statutes
Chapter 306 or 307 shall be established;
J)
The maintenance and care of the cemetery is done by volunteers and the church
funds any operational expenses. A separate care fund account is set aside for future
needs of the cemetery.
Landscaping shall include overstory trees and be designed to promote a park -like setting;
The applicant is proposing American linden trees. The trees proposed to be planted
north of the new burial area and staff recommends planting them south of the new
burial area in a park -like setting rather than in a row.
k) Monuments or markers within a cemetery shall be placed as shown on the cemetery's
master plan or as directed by the city;
The monuments and markers are in compliance.
1) Mausoleums shall not exceed 15 feet in height and monuments shall not exceed 10 feet in
height, with height measures as it is for buildings;
Proposed burial markers will be flush to the ground. No structures are proposed in
Phase I.
m) 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;
Markers, stones, and benches will be granite which will maintain relative
permanency.
n) 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;
The benches, stones and markers will be installed securely, according to the
manufacturer's recommendations and the best practices of the trade. Concrete
slabs will be provided in a manner that is structurally sound and maintenance free.
o) 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;
Concrete slabs will be provided in a manner that is structurally sound and
maintenance free.
Holy Name Cemetery 6
p)
q)
A site plan acceptable to the city council must be submitted and reviewed under the city's
site plan ordinance;
The applicant has submitted a site plan acceptable for review.
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 any 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;
The applicant has submitted a Phase II plan for future development of the site.
r) 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;
Stork Twin City Testing Corporation completed a geotechnical exploration program
and water tests which have been reviewed and approved by the City Engineer.
s) The city council may require a transportation plan that includes traffic management for
burials, funerals and burial site visits;
Staff has recommended that the driveway width and parking be re-evaluated during
Phase II.
t) The city council may require an environmental assessment of the proposed use;
Stork Twin City Testing Corporation completed a geotechnical exploration program
and soil tests which have been reviewed and approved by the City Engineer.
u) 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, columbarium's and plantings that are permitted
within the cemetery it deems to be reasonably necessary to protect the residential
character of the neighborhood;
Staff has provided conditions of approval within the staff report.
v) The city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character of the
neighborhood.
Staff has provided conditions of approval within the staff report.
Holy Name Cemetery 7
While reviewing Conditional Use Permits, City ordinances (Section 825.39) state that the
City should consider the following:
Subd. 1. 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.
Staff believes that the expansion of the cemetery will not be injurious to the
neighboring properties.
Subd. 2. 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.
Not applicable.
Subd. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being
provided.
The City s engineer has reviewed the plans and does not bring forward any major
issues. The property is served off of a County Road, and has an individual sewage
treatment system. Drainage and utility easements are being dedicated as part o f the lot
combination.
Subd. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and
loading space to serve the proposed use.
A parking area will be evaluated during Phase H.
Subd. 5. 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.
The expansion of the cemetery should have no additional noise or lighting than what is
currently exists. The cemetery currently experiences 20 burials per year and continues to
anticipate the same volume.
Subd. 6. 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.
Staff believes that the expansion of the cemetery is a response to the need of the
residents.
Subd. 7. 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.
Cemeteries are a conditional use in the Suburban Residential zoning district. This
application is a request to expand an existing cemetery.
Subd. 8. The use is not in conflict with the policies plan of the City.
Staff believes the use is not in conflict with the City s policies.
Subd. 9. The use will not cause traffic hazard or congestion.
Holy Name Cemetery 8
Staff believes that the expansion will not cause significant traffic concerns above what
already exists.
Subd. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general
unsightliness.
Staff believes there is no conflict or concerns.
Subd. 11. The developer shall submit a time schedule for completion of the project.
The applicant anticipates installation of the woodland path in 2009. The new burials
area will take approximately 10 years.
Subd. 12. The developer shall provide proof of ownership of the property to the Zoning Officer.
Property ownership has been provided.
City Discretion
The City has a relatively low level of discretion when it comes to reviewing Conditional Use
Permits, Interim Use Permits, Site Plan Reviews, and Lot Combinations. If the application meets
City ordinances, the CUP should be approved. However, the City may impose conditions on the
approval that protect the best interests of the surrounding community and the city as a whole.
Recommendation
Staff recommends approval of the Lot Combination, CUP, Site Plan Review, IUP, and Easement
Vacation to allow for expansion of the existing cemetery. Staff recommends the following terms
and conditions:
1) A 40 foot right-of-way shall be provided along County Road 24.
2) All trees shall be planted outside drainage and utility easements.
3) Cremation stones and benches shall not be placed within 40 feet of the rear property line
(north).
4) The American Linden overstory trees shall be relocated to the front of the property and
placed in more of a park -like setting.
5) A wetland delineation report shall be completed and submitted to staff for approval prior
to work commencing.
6) Within the next three years the single family home shall be hooked up to City sewer or
the existing private septic system shall be upgraded, replaced, repaired or its use
discontinued.
7) The IUP for the single family home terminates and will be required to be demolished or
moved from the property when Phase II is initiated or 15 years, whichever occurs first.
8) The cemetery shall continue to be operated in compliance with the requirements of
Minnesota Statutes, Chapters 306 or 307.
9) The cemetery shall continue to provide sufficient maintenance and perpetual care funs as
required by Minnesota Statutes, Chapters 306 or 307.
10) This approval shall only apply to the proposed Phase I improvements. A CUP
Amendment shall be required prior to any additional burial sites or improvements.
11) The roadway width and parking shall be evaluated in Phase II.
12) Detailed grading plans will be required for Phase II review.
Holy Name Cemetery 9
13) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the application to amend the Conditional Use Permit.
Attachments
1) Applicant Narrative dated March 5, 2009
2) Woodland Path Cremation Bench
3) Woodland Path Cremation Stone
4) Phase II Pre -Assembled Columbarium specifications
5) Bonestroo letter dated January 12, 2009 —Wetland
6) Department of Army letter dated January 26, 2009
7) Bonestroo letter dated March 18, 2009
8) Hennepin County Transportation Department
9) Plans stamped March 10, 2009 (6 pages)
10) Tree Inventory/Preservation Plan stamped March 31, 2009
Holy Name Cemetery 10
Narrative: March 5, 2009
REQUESTS ASSOCIATED WITH THE
PROPOSED EXPANSION OF AND IMPROVEMENTS TO
HOLY NAME OF JESUS CEMETERY F. MEDINA, MN
PROJECT OVERVIEW
Holy Name of Jesus Cemetery has served the residents of Medina and the surrounding area
since the 1860s. The existing 4.71-acre cemetery has 857 burial lots, of which roughly 411 lots
contain burials, roughly 396 lots have been sold for future burials, and roughly 50 lots are
available for purchase. The cemetery experiences approximately 20 burials per year.
Consequently, there is a strong need to provide additional burial lots. In 1995, Holy Name of
Jesus Catholic Church (the owner of Holy Name of Jesus Cemetery) purchased the 1.82-acre
parcel immediately east of the existing cemetery for future expansion of the cemetery.
The proposed cemetery expansion and improvements will occur in two phases. Phase 1
involves the creation of burial lots for conventional burials and the creation of a woodland path
for cremation burials. Work on Phase 1 will occur in 2009. Phase 2 involves the creation of a
mausoleum, additional conventional burial sites, and several other improvements. Phase 2
would likely not occur for ten or more years. A concept plan for Phase 2 has been included with
this application for general reference. However, the Church is asking for approval to proceed
with Phase 1 only.
The following describes the various requests associated with the proposed Phase 1
development.
REQUEST FOR APPROVAL OF A LOT COMBINATION
Holy Name of Jesus Church is proposing to combine the 4.71-acre existing cemetery parcel and
the 1.82-acre residential parcel to the east of the cemetery. The Church is the fee title owner
of both parcels. The proposed lot combination will allow logical expansion of the cemetery to
occur. This lot combination request also includes the vacation of the existing drainage and
utility easement along the common parcel line (to allow for the logical placement of new burial
lots) and dedication of new drainage and utility easements. Refer to the Certificate of Survey
prepared by Otto Associates and signed by Paul E. Otto on January 19, 2009.
REQUEST FOR APPROVAL.. OF A CONDITIONAL USE PERMIT
The subject property is in the Suburban Residential (SR) Zoning District. Cemeteries are a
conditional use in the zoning district. The proposed expansion is consistent with the provisions
for cemeteries as described in 825.39 of the City Code. The following summarizes key aspects
of the proposed cemetery expansion as it relates to the requested conditional use permit:
Phasing Plan
Holy Name of Jesus Cemetery Expansion — March 5, 2009
Page 1 of 4
The Church is asking for approval to proceed with the proposed Phase 1 development only. The
Phase 1 development will involve placing flush to the ground identification pins for 344 new
conventional burial lots. The Church anticipates roughly 20 burials a year, some of which will
occur in the existing part of the cemetery and some of which will occur in the proposed Phase 1
development of the cemetery. As burials occur in the Phase 1 development area, the new
burial lots will be marked with flush to the ground grave markers.
The proposed Phase 1 development also includes the creation of a woodchip-surfaced path in
the existing wooded area in the existing portion of the cemetery. Roughly 100 cremation urns
will be integrated in a natural setting in benches, stones, and in -ground vaults along the path as
part of the Phase 1 development. All cremation burials will meet the required setbacks. Refer
to Sheet xx, dated xxx for a general illustration of the benches and niches.
Holy Name of Jesus Catholic Church keeps detailed cemetery records (including maps) of the
ownership and existing burials in the cemetery.
Landscaping
The proposed cemetery expansion is screened by the existing wooded areas to the north, east,
and west. In addition, the Church will provide a significant amount of additional landscape
plantings along the north and east property lines adjacent to the proposed expansion (see
Sheet 2: Planting Plan, prepared by Sanders Wacker Bergly, Inc., dated 03/02/09). Because the
proposed Phase 1 development will involve flush grave markers only, the view of the Phase 1
development will be similar to that which exists today.
Soil Borings, Ground Water, and Grading
Holy Name of Jesus Catholic Church had Stork Twin City Testing Corporation conduct a
geotechnical exploration of the site relating to the proposed Phase 1 and Phase 2 development
of the cemetery. The soils and water level in the Phase 1 area are suitable for the proposed
conventional burials. For additional information, refer to the Geotechnical Exploration Program
prepared by Stork Twin City Testing Corporation, dated October 16, 2008. The existing grades
associated with the proposed Phase 1 development will not require alteration.
Compliance with Minnesota Statute, Chapter 307
The cemetery has been established, is operated, and has sufficient maintenance and perpetual
care funds in accordance with Minnesota Statutes, Chapter 307: Private Cemeteries.
REQUEST FOR APPROVAL OF A INTERIM USE PERMIT
The existing 1.82-acre parcel (which will be added to the existing cemetery through the lot
combination process) contains a single-family residence that is occupied by the former owner
under a life estate. When the former owner chooses to reside elsewhere, the house will
continue as a single-family residence for the cemetery caretaker or a priest. The existing garage
on the site will remain and may be used for cemetery maintenance equipment and materials.
The existing house is intended to remain in use until Holy Name of Jesus Church deems it
necessary to proceed with Phase 2 of the proposed cemetery expansion, at which time the
Church will remove it. The house will likely remain in use for at least ten (10) years, unless
Holy Name of Jesus Cemetery Expansion — March 5, 2009 Page 2 of 4
unanticipated demand hastens the need to commence with the Phase 2 development. The
existing doghouse will be removed before, or at the time, the former owner of the house
chooses to reside elsewhere. The interim residential use will terminate on the date that the
church proceeds with expansion of conventional burial graves associated with the proposed
Phase 2 development.
Refer to the attached Topographic Survey prepared by Otto Associates, dated December 12,
2008 for the location of the existing house, garage, and doghouse.
REQUEST FOR SITE PLAN APPROVAL OF PHASE
The proposed site improvements for Phase 1 involve the creation of conventional burial lots
and the creation of a woodland path for cremation burials. The following describes the Phase 1
improvements in more detail.
Conventional and Cremation Burials
Pursuant to Section 826.98, Subd. 2, (d) of the City Code, all proposed conventional and
cremation burials will be at least twenty (20) feet from the property lines and they will meet or
exceed the minimum setback requirements for buildings in the district: 35-foot front yard, 15-
foot side yard, and 40-foot rear yard. The burial lots will also be a minimum of 50 feet from the
existing well and septic tank associated with the existing house. The conventional burial lots
will have flush (as opposed to upright) markers. See the attached sheets for a general
illustration of the proposed cremation benches and stones that would be integrated into the
existing woodland area.
Wetland Delineation
In the fall of 2008, Holy Name of Jesus Catholic Church hired Kjolhaug Environmental Services
Company to delineate wetlands on the site. The delineated wetlands are shown on the
Topographic Survey prepared by Otto and Associates, dated 12/02/08. The proposed work
associated with the Phase 1 development will be outside the required wetland setbacks.
Storm Water
Because the flush grave markers are the only impervious coverage associated with the
proposed Phase 1 development, a complete drainage study and ponding is not required at this
time. The proposed Phase 2 development will require a complete drainage study and ponding
to meet City and Watershed requirements. Refer to a letter from Paul Otto of Otto Associates,
dated January 19, 2009.
Tree Preservation
The Phase 1 development will preserve the existing trees on the site.
VAR -IA CE REQUEST TO MAINTAIN THE EXISTING DRIVE
The proposed Phase 1 •ev• .: - t will maintain the existing drive . • - site. However, the
existing drive is inconsistent with the wi n• setback requirements of the City
Code. Consequently, Hol ► _ . esus Catholic Church is reques nces from the
width, : ing, and setback requirements of the Code to maintain the existing drive -is—The
Holy Name of Jesus Cemetery Expansion — March 5, 2009
Page 3 of 4
ex : drive will adequately serve the needs of the current and fut . - etery as they relate
to the prop• - 'hase 1 development. The d. ' - ' . -nned to be improved as part of the
Plaas.asievelepmerri..
CONCEPT PLAN FOR POTENTIAL PHASE 2 DEVELOPMENT -VERY
Holy Name of Jesus Church is requesting approval of Phase 1 only. However, for reference
purposes, a concept plan for Phase 2:development is included with this application. The Church
does not anticipate implementing Phase 2 for ten or more years. When the need arises to
implement part or all of the Phase 2 development plan, the Church will request the necessary
approvals at that time. Refer to the sheet entitled Master Plan/Phase 2, prepared by Sanders
Wacker Bergly, Inc., dated August 21, 2006. The future mausoleum will be part of the Phase 2
development.
Holy Name of Jesus Cemetery Expansion — March 5, 2009 Page 4 of 4
STEVEN
P.
-
R1V4-8325 CARNELIAN GRANITE
VI (3 fah') Wia
OCg 614d -1111
January 12, 2009
Mr. Dan Garry, Parish Administrator
Holy Name of Jesus Parish
155 County Road 24
Wayzata, MN 55391
RE: Wetland Delineation Submittal Holy Name of Jesus Parish Site
City of Medina
Project #: 190-09000 Holy Name of Jesus Parish Site
Dear Mr, Dan Garry:
On behalf of the City of Medina, I am writing to inform you that the City received the Wetland
Delineation Report for the Holy Name of Jesus Parish Site in the City of Medina. This report was
received by our office on January 9, 2009 from Kjolhaug Environmental Services Company. Due
to the wetland delineation report being submitted outside the growing season, approval of the
wetland boundary is not feasible, and at this time we consider the wetland delineation report
incomplete.
A formal wetland delineation review can occur during the growing season that starts around May
1st. Please have your consultant contact me to schedule a delineation review in the Spring.
If you have any questions please contact me at (651) 604-4708.
Sincerely,
John Smyth, CWD'�
WCA Agent
cc: Dusty Finke, City of Medina
Tom Kellogg, Bonestroo
Kelly Kunst, Kjolhaug Environmental Services Co., 26105 Wild Rose Lane,
Shorewood, MN 55331
2335 Highway 361dU
St- Paul, MN 55113
Tel 651-636-4600
Fax 651-636.1311
WWW,bonestroo.corn
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REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
SIBLEY SQUARE AT MEARS PARK
190 FIFTH STREET EAST, SUITE 401
ST. PAUL MN 55101-1638
Operations
Regulatory (2008-00080-BLW)
January 26, 2009
Ms. Kelly Kunst
Kjolhaug Environmental Services Company
26105 Wild Rose Lane
Shorewood, Minnesota 55331
Dear Ms. Kunst:
This is in response to your letter dated January 7, 2009, requesting Corps concurrence
with the wetland delineation you completed on the 7-acre property of Holy Name of Jesus Parish
in the City of Medina. The project site is located in SE'/4 Sec. 24, T. 118N., R. 23W., Hennepin
County, Minnesota.
We have reviewed the wetland delineation report you provided and concur that the
wetland boundary on the property has been established in accordance with the Corps of
Engineers Wetland Delineation Manual (1987 Manual) and is adequate to establish the limits of
Corps of Engineers Clean Water Act jurisdiction. This wetland delineation shall remain valid for
a period of five years from the date of this letter, unless new information warrants revision of the
delineation before the expiration date.
Pursuant to Section 404 of the Clean Water Act, the Corps of Engineers has regulatory
jurisdiction over the discharge of dredged and fill materials, including discharges associated with
mechanical land clearing, in all waters of the United States, which includes most wetlands.
Please note that work performed below the ordinary high water mark in waters of the United
States, or the discharge of dredged or fill material into wetlands, without a Department of the
Arrny permit could subject your client to enforcement action. Receipt of a permit from a state or
local agency does not obviate the requirement for obtaining a Department of the Army permit.
This letter is valid only for the project referenced above. If any change in design,
location, or purpose is contemplated, contact this office to avoid doing work that may be in
violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER
DOES NOT ELINHNATE THE NEED FOR STATE, LOCAL, OR OTHER
AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL
RESOURCES OR COUNTY.
March 18, 2009
Ms. Debra Peterson -Dufresne
Planning Assistant
City of Medina
2052 County Rd 24
Medina, MN 55340
Re: Holy Name Cemetery
Bonestroo File No. 000190-09000-1
Plat No. L-08-032
Dear Deb,
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
Bvnestraa
We have reviewed the plans for the proposed lot combination and cemetery expansion at Holy Name
of Jesus Cemetery, located at 52 County Road 24, dated 3-2-09. We have the following comments
with regards to engineering matters:
• The survey should be submitted to Hennepin County for review and approval.
• It is our understanding that only Phase 1 is being considered for approval at this point and
Phase 1 requires no site grading. When Phase 2 proceeds, detailed grading plans will be
submitted for review and comment.
• A wetland delineation has been submitted and its review is pending on the upcoming
growing season. Please see the attached letter from John Smyth.
If you have any questions please feel free to contact me at (651) 604-4894.
Sincerely,
BON ESTROO
Darren Amundsen
Cc: Tom Kellogg
Dusty Finke
John Smyth
Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
March 19, 2009
MS. Debra Peterson -Dufresne
Planning Assistant
City of Medina
2052 County Road 24
Hamel, MN 55340
Re: Holy Name Cemetery CUP
Site Plan Review
CSAH 24
Section 23, Township 118, Range 23
Review and Recommendations
Dear Ms. Peterson -Dufresne:
612-596-0300, Phone
763-478-4000,FAX
763-478-4030, TDD
www.hennepin.us
Thank you for this submittal. Hennepin County Transportation finds it acceptable, especially the long-
term concept eliminating the current cemetery driveway onto Count State Aid Highway (CSAH) 24.
Consolidating this access with the existing residential driveway reduces traffic conflict points thereby
enhancing motorist safety and roadway efficiency, and appears to provide substantially greater on -site
circulation and parking.
Again, thanks for the timely submittal and please call me at 612-596-0355 with further questions or
discussion.
Sincerely,
I
r
David K. Zetterstrom
Entrance Permit Coordinator
DKZ/sew
cc: Plat Review Committee — Byers / Lindgren / Holtz / Drager / Zetterstrom / Lemke / Fackler/ Neby
An Equal Opportunity Employer Recycled Paper
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner
DATE: April 7, 2009
MEETING: April 14, 2009 Planning Commission
SUBJ: Rural Public/Semi-Public Zoning District regulations
Summary
Staff recommends approval of the attached ordinance, which creates regulations for a new
zoning district called "Rural Public/Semi-Public" (RPS). The ordinance also removes
government buildings, schools, and religious institutions from the list of allowed uses in the
Rural Residential (RR) zoning district.
Background
The Planning Commission and City Council held policy discussions regarding religious,
municipal, and other institutional uses at meetings during March. The attached ordinance was
based on direction from these discussions.
At this time, staff is recommending that three properties be zoned into this district after it is
created: City Hall, Woodridge Church, and First Apostolic Lutheran Church. The Planning
Commission is scheduled to hold a Public Hearing for the rezoning after the hearing on the text
of the ordinance.
Comprehensive Plan Information
As with previous ordinances discussed by the Planning Commission, the City's Comprehensive
Plan gives guidance in the creation of regulations for the various types of uses.
The 2010-2030 Comp Plan update describes the Public Semi -Public land use within Chapter 5:
"Public Semi -Public includes governmental, religious, educational, and cemetery uses."
The Comp Plan identifies the following Objectives for the Public Semi -Public land use:
1. Achieve a balanced framework of public uses and private development.
2. Set aside land for parks and preservation of ecologically significant natural resources to
meet a wide variety of recreational, educational and functional needs as defined and
discussed in the Park, Trails, and Open Space chapter and the Open Space Report.
3. Provide a trail system connecting parks, open space and other public uses.
4. Provide space for some public and semi-public uses in urban areas. These could include:
churches, recreation areas, and public service facilities such as post office, fire stations,
libraries and utility structures.
Rural Public/Semi-Public Page 1 of 6 April 14, 2009
Zoning District Regulations Planning Commission Meeting
5. Continue to pursue conservation and preservation of wetlands, woodlands, ecologically
significant natural resources and other open space, as appropriate.
6. Protect wetlands, as they provide wildlife habitat, preserve open space, improve water
quality and provide water storage areas for the City's storm drainage system.
7. Protect the shoreline of lakes, creeks and wetlands from development.
8. Utilize existing regulatory tools and supplement as necessary to allow these types of lands
to be preserved or protected for public use.
9. Require public and semi-public zoning to complement the character of surrounding land
uses.
Since the Met Council has not yet acted on the City's latest Comprehensive Plan update, the RPS
district regulations should also be consistent with the Rural Residential designation in the current
(2000-2020) Comp Plan. Staff believes that there are many similarities between these policies
and those identified above:
Rural Residential Land Use Policies:
Al. Maintain an overall density of one unit per 10 acres.
A2. Maintain the rural residential area as a permanent land use.
A3. Require rural residential development in areas not zoned for urban
development.
A4. Urban services (sewer, water and storm sewer) will not be provided.
A5. Allow innovative arrangements of homes to preserve open space, natural
resources, and biologically significant areas without decreasing the overall ten
acre per unit average.
A6. Determine lot sizes by soil types and conditions as defined in the City's on -site
system requirements.
A7. Allow construction of one dwelling on each existing vacant lot if adequate soils
are available to meet the City's on -site system requirements including the
location of a secondary sewer treatment site.
A8. Protect property within the City's 2040 MUSA from urban service expansion and
development that will hinder further division.
A9. Plan interconnections between separate developments to make certain shared
road use is possible, thereby reducing costs and minimizing the amount of road
surface required.
A10. Encourage land owners to voluntarily participate in the protection and
conservation of the City's significant natural resources.
Rural Public/Semi-Public Page 2 of 6 April 14, 2009
Zoning District Regulations Planning Commission Meeting
Broad Regulation Framework
Consistent with the Planning Commission and City Council direction last month, the attached
ordinance will create regulations for the existing institutional uses in the rural area of the City.
The ordinance also removes this uses as permitted with the Rural Residential district. This is the
first step of many changes which will be made to address institutional uses as we progress.
These include:
■ Including institutional uses, with certain regulations, as allowed uses in some of the new
sewered residential zoning districts.
■ Including institutional uses, with certain regulations, as allowed uses in one or more of the
zoning districts related to the General Business land use.
■ Creating a Public/Semi-Public district for the sewered area of the City.
■ Updating the commercial zoning regulations to allow institutional uses. The largest and
most intensive uses will only be allowed in the commercial and general business districts.
Recommended District Regulations
The following sections of this report will summarize the regulations which staff is
recommending in the attached ordinance. Staff has also provided similar comments throughout
the text of the ordinance.
The ordinance proposes to delete a district called "Rural Industrial" and utilize this space in the
Code Book for the new regulations. No property in the City is zoned as Rural Industrial, so this
will also help clean up the Code Book.
Staff generally attempts to present information on comparable districts in other communities as
part of the background. In this case, the Rural Public/Semi-Public district is fairly unique. A
number of communities have institutional zoning districts, but they have access to city sewer and
water. Lake Elmo has a comparable district called Public/Quasi-Public which is in their rural
area. Staff has included information from this ordinance throughout the tables in this staff
report.
Allowed Uses
The following uses would be allowed in the district:
Permitted Uses
Conditional Uses
Accessory Uses
(1) Parks and Open Space
(2) Essential Services (utility
uses)
(3) Conservation uses
(1) Governmental or
Municipal Buildings
(2) Religious Institutions
(3) Cemeteries
(1) Off-street parking and
loading
(2) Signs
(3) Daycare or Early Childhood
Educational uses (CUP)
Consistent with the direction of the Commission and Council, staff did not include schools as
allowed uses in this district. The consensus was that this type of use was better suited for a
sewered district.
Rural Public/Semi-Public Page 3 of 6
Zoning District Regulations
April 14, 2009
Planning Commission Meeting
Lot Standards
The table below summarizes the standards recommended by staff. The table also provides
comparison to the City's existing regulations in the Rural Residential zoning district, to the
existing three properties that are proposed to be zoned into the RPS district, and to Lake Elmo's
Public/Quasi-Public district. Existing situations which would not conform with the
recommended regulation are highlighted.
Regulation
Recommended
Existing
Rural
Residential
City Hall
Woodridge
First
Apostolic
Lake Elmo
P/QP
District
Rural Public/
Semi -Public
Lot Size
10 acres;
5 acres
suitable soils
5 acres
suitable
soils
10.0 acres;
8.6 acres
suitable
19.7 acres;
10.7 acres
suitable
10.3 acres;
all suitable
20 acre
maximum
Lot Width
500 feet
300 feet
1360 feet
665 feet
595 feet
100 feet
Lot Depth
500 feet
200 feet
550 feet
1285 feet
740 feet
150 feet
Front
Setback
75 feet
50 feet
62`feet
(salt shed)
143 feet
115 feet
50 feet
Rear
Setback
100 feet
50 feet
(double
frontage)
908 feet
428 feet
50-150
feet
Side
Setback
75 feet
50 feet
154 feet
211 feet
83 feet
50-150
feet
Parking
Setbacks
Front
Side/Rear
50 feet
100 feet
N/A
N/A
50 feet
136 feet
123 feet
92 feet
55 feet
133 feet
50-150
feet (dep.
on lot size)
Hardcover
40%
40%
33%
19%
29%
35%
Building Design Regulations
Maximum Building Size
The ordinance limits the total floor area of buildings to 50,000 square feet. The City Council
provided direction that more compact construction is preferred, so the draft ordinance limits the
ground level footprint of buildings to 35,000 square feet.
Building Height
Building height is limited to 35 feet, if the structure is sprinkled. Building height is measured
from the average grade around a building (which accounts for a "walk -out" building design) to
the midpoint between the peak and eave of the roof.
Exterior Building Materials
Staff utilized the recently adopted commercial zoning ordinance for a list of allowed building
materials. EIFS was added to the list as a permitted building material. The ordinance does not
mandate a certain percentage of brick/stone/glass as does the commercial zoning ordinance.
However, the building material list excludes metal and vinyl sidings. This regulation will place a
number of structures into non -conformity including 1st Apostolic Church and the City's Public
Works Building.
Rural Public/Semi-Public Page 4 of 6 April 14, 2009
Zoning District Regulations Planning Commission Meeting
Multi -Sided Architecture
Similar to the commercial zoning ordinances, the draft RPS ordinance requires any building
elevation that is not completely screened to be of a similar quality to the front fa9ade.
Landscaping/Screening Requirements
Parking Lot Landscaping
The draft includes similar standards as were included in the commercial zoning ordinance. A
minimum of 8% of the parking area must be landscaping. The ordinance includes a requirement
for a headlight screen at least 36 inches in height in order to reduce glare onto neighboring
properties. None of the properties proposed to be zoned into this district would likely comply
with these requirements. However, staff believes that this regulation makes sense for future
applications.
Tree Planting Requirements
The draft requires a minimum of one tree per 50 feet of site perimeter, similar to the commercial
zoning ordinance. The ordinance allows an applicant credit for existing significant trees on a
property.
Tree Preservation
The ordinance references the City's existing tree preservation ordinance. Generally speaking,
the ordinance allows up to approximately 15% of the significant trees on a site to be removed
without replacement. Additional removal may be allowed for utility/street construction.
Outdoor Lighting Regulations
The draft ordinance requires that no light is detectable within 25 feet of all property lines. The
regulations require the applicant to provide specific practices to limit the impact of lighting in
terms of intensity and timing.
Utilities/Mechanical Equipment Regulations
The ordinance requires screening of all equipment and trash enclosures. City Hall will not
comply with this requirement if adopted.
Specific Standards for Conditional Uses
Uses which are permitted through a conditional use permit are required to abide by standards in
addition to those described above. Staff has summarized some of the regulations recommended
in the ordinance below. Please see pages 8-11 for the full list.
Religious Institutions
■ Access to an arterial or major collector roadway
■ Sanctuary seating capacity limited to 500 persons
■ 500 is maximum persons on the site at one time (except 4 larger events per year)
Rural Public/Semi-Public Page 5 of 6 April 14, 2009
Zoning District Regulations Planning Commission Meeting
Governmental Buildings
■ Access to an arterial roadway
■ Largest meeting room capacity limited to 500 persons
■ 500 is maximum persons on the site at one time (except 4 larger events per year)
Cemeteries
Staff utilized the existing regulations for cemeteries, which were amended approximately a year
ago. Changes were made to some of the setbacks for grave sites, in order to be consistent with
the setbacks of this district.
Daycare/Early Childhood Education
■ Only allowed as an accessory use
■ Limited to 30 children
■ Hours limited to 7:00 a.m. to 6:00 p.m.
■ 100 foot setback required for recreational areas (playground equipment at Woodridge
,does not meet this setback)
Potential Regulation: Limitations on Potential Wastewater Production
Lake Elmo's Public/Quasi-Public zoning district includes a regulation which places limitation on
the capacity of a septic system which may be installed on a property. Working backwards, this
places a limitation on the activities which may be conducted on a property.
Lake Elmo's limitation is 235 gallons/net acre/day. Following are some examples of wastewater
production for different uses which are relevant in the RPS district:
Office = 15 gallons/person/day
School (w/ cafeteria) = 18 gallons/person/day
Meeting Space = 4 gallons/seat/day of usage
Food Service = 5 gallons/person/meal
Staff is concerned that this type of regulation may be a bit complicated. However, there are
certainly positive aspects as well. This type of regulation helps account for different uses
throughout a week, balancing heavy usage during limited time period with less intensive
activities that occur more commonly throughout the week. For example, City Hall would have
office use (15 gallons x 15 people=225 gallons/day), perhaps a larger assembly twice a week (4
gallons x 50 people x 2 days=57.14 gallons/day). These calculations already need to be
completed in order to design the septic system. It should be noted that it would be possible to
design systems large enough to handle more intensive uses. However, wastewater limitations are
another potential tool to limit the intensity of a use.
At this time, this regulation is not included in the ordinance. Staff recommends that the Planning
Commission discuss the potential of adding it, however.
Attachment
1. Draft ordinance
Rural Public/Semi-Public Page 6 of 6 April 14, 2009
Zoning District Regulations Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE RELATED TO INSTITUTIONAL LAND USES, CREATING THE
RURAL PUBLIC/SEMI-PUBLIC ZONING DISTRICT, AND
REMOVING THE URBAN INDUSTRIAL ZONING DISTRICT;
AMENDING SECTIONS 826.21, 826.64 et. seq.; AND.
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section 826.01 of the Medina code of ordinances is amended to add the
underlined language and delete the kti-ock € i im language as follows:
Section 826.01. Zoning Districts. For the purpose of this Section, the City is hereby divided into
the following use districts:
Subd.12. [Ti Urban Industrial. RPS - Rural Public/Semi-Public (Sections 826.64 — 826.67)
SECTION II. Section 826.21 of the Medina code of ordinances is amended to add the
underlined language and delete the struek-tkw-eugn language as follows:
Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or
land shall be used for the following uses except by conditional use permit:
eubd. 2 (a) of this ordinance.
$-2�.no ,.c.,� � ir.� ,.�+tea ,a•
tAiance with the condi-ie~ ri
Subd. 1 3. Home occupations in compliance with the conditions of Section 826.98, Subd. 2
(c) of this ordinance.
Subd. 2 4. Cemeteries in compliance with the conditions of section 826.98, subd. 2 (d) of
this ordinance.
Subd. 3 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and
driving ranges in compliance with the conditions of section 826.98, subd. 2 (g) of this
ordinance.
Comment [DF1j: No longer an active
zoning district
Comment [DF2j: Removes
institutional uses as allowed in RR
Subd. 4 6. Wind Energy Conversion Systems (WECS) in compliance with the conditions of
section 826.98, subd. 2 (e) of this ordinance.
any portion theree#
conditions of section 826.98, subd. 2 (f) of this ordinance.
Subd 5 8. On parcels of 40 acres or larger, a second principal residential dwelling structure.
SECTION III. Sections 826.64 through 826.67 of the Medina code of ordinances are
hereby deleted in their entirety as follows:
Subd.1. All conditional uses in RC.
Subd. 2. Railroad operations.
Subd. 3. Truck Maintenance.
Subd. 4. Manufacturing, fabrication, or processing of: lumber and wood products, paper
products, rock and stone products, tex
machinery and spas, >
pette
Subd. 6. Meat or fish packing.
Subd. 7. Rock crushing or gravel work.
Subd. 8. Concrete and Ready mix plants.
Subd. 9. Foundry, forge, casting, metal products.
the Medina City Code.
2
e..etion 496 6'7 /T T7\ 7 t Area 14-ei ht T „t -Widt . _. d v..._d n _ ___n______
Subd.1. No building shall exceed 30 feet in height.
Subd. 2. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and FnedificaHens, set ferth in other sections of this ordinance:
(a) Minimum Lot Ar a: 1 Acre
(b) Front setback: 50 feet
(c) Side and rear setback: 20 feet
u :d. For ~••-~ese , c*I.: subd:.,ini ... et acres equals the total area of the lot, minus
appxep}iate in order to ensure compliance with these standards.
rnhd 4—Miniffl niside- a t c. a , f di
� y
required parking.
Subd. 6. Curb cuts shall not exceed 21 fcet in width.
requirements.
drainage.
SECTION IV. The Medina code of ordinances is amended to add new Sections 826.64
through 826.68 as follows:
Rural Public/Semi-Public (RPS) District
Section 826.64. Rural Public/Semi-Public (RPS) — Purpose. The purpose of the Rural
Public/Semi-Public (RPS) is to provide a zoning district for facilities that offer public services such
as governmental, educational, religious, recreational, conservation, open space and cemetery uses.
Property in the district is not served by City sewer and water services and is within close proximity
of low -intensity rural residential uses. As a result, limitations are established on the intensity of
uses within the Rural Public/Semi-Public (RPS) district and development regulated in a way which
limit impacts on the surrounding properties.
3
Section 826.65. (RPS) Permitted Uses. The following shall be permitted uses within the RPS
district, subject to applicable provisions of the city code:
(1) Parks and Open Space
(2) Essential Services
(3) Conservation uses including drainage control, forestry, wildlife sanctuaries, and facilities
for making same available and useful to public.
Section 826.66. (RPS) Conditional Uses. The following shall be permitted within the RPS
district, subject to conditional use permit approval, the specific requirements established in Subd.
6 of Section 826.68, and other applicable provisions of the city code:
(1) Governmental or Municipal Buildings
(2) Religious Institutions
(3) Cemeteries
Section 826.67. (RPS) Accessory Uses. The following accessory uses shall be permitted within
the RPS district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(1) Off-street parking and loading
(2) Signs, subject to the requirements of the sign ordinance
(3) Daycare or Early Childhood Educational uses, subject to a conditional use permit and
the requirements established in Subd. 6 of Section 826.68.
Section 826.68. rRPS) Lot Standards and Desien/Develoument Standards. The following
standards shall be observed, subject to additional requirements, exceptions and modifications set
forth in the city code:
Subd. 1. Lot Standards.
(a) Minimum Lot Size: Ten acres. Additionally, the lot must contain at least five acres of
contiguous soils suitable for a standard sewage disposal system as defined in section
720 Individual Sewage Treatment Systems and in section 826.25 subd. 2. The lot
must contain a primary and secondary site for an on -site sewage disposal system and
both sites must be protected during construction.
(b) Lot Width: 500 feet
(c) Lot Depth: 500 feet
(d) Minimum Front Yard Setback: 75 feet
4
(e) Minimum Rear Yard Setback: 100 feet
(f) Minimum Side Yard Setback: C75
(g) Minimum Parking Setbacks:
(i) Front Yard: Parking stalls, parking aisles, and fire lanes may encroach within
the required front yard setback, but shall be a minimum of 50 feet from a
property line abutting a street.
(ii) Side and Rear Yard: 100 feet
(h) Maximum Impervious Surface: Impervious surface coverage shall not exceed 40
percent of the entire lot.
Subd. 2. Building Design
(a) Maximum Building Size: No structure shall exceed 50,000 square feet of floor area.
Additionally, the footprint area of all structures on a parcel shall not exceed 35,000
square feet.
(b) Maximum Building Height: Building height shall not exceed 35 feet. In the case that
a structure is not equipped with a compliant fire sprinkler system, the maximum
building height shall be 30 feet.
(c) Exterior Building Materials
(i) Primary exterior building materials shall consist of the following materials: brick,
natural stone, stucco, Exterior Insulation and Finish System or similar
product, copper, glass, decorative concrete, split face (rock face) decorative
block, and/or decorative pre -cast concrete panels. Decorative concrete shall
be color impregnated in earth tones (rather than painted) and shall be
patterned to create a high quality terrazzo, brick, stucco, or travertine
appearance.
(ii) A maximum of 20 percent of the vertical building exterior may be metal, vinyl, or
fiber cement lap siding, if used as accent materials which are integrated into
the overall building design.
(iii) Exterior materials shall not include galvanized/unfinished steel or
galvalum/unfmished aluminum.
(d) Multi -sided Architecture:
(i) Rear and side building elevations shall include design and architectural elements
of a quality generally associated with a front fa9ade.
(ii) The elevation(s) shall be compatible with the front building elevation.
(iii) Multi -sided architecture shall not be required in situations where the rear or side
building elevation is fully screened from view from the adjacent street or
residential property.
Subd. 3. Landscaping and Screening. Provisions shall be made for landscaping and
screening because of the proximity of property in the RPS district to low -intensity rural
5
Comment [DF3]: Staff originally
considered 100 feet, but this would put
1"Apostolic into non-conformance
Comment [DF4]: Same as RR district
regulation
Comment [DF5]: Rural Residential
homes can be 30 feet in height (up to 40
under certain conditions)
residential uses. Such landscaping shall abide by the following:
(a) General requirements: The entire lot shall be landscaped, except for areas occupied
by buildings, walks, trails, parking lots, drives, loading docks, plaza space,
wetlands, wetland buffers, and woodlands. Landscaping shall include trees,
shrubs, plantings, and sod. Areas may be seeded if determined to be practically
necessary by the city. Properly maintained natural vegetation may also be
utilized. Integrated storm water management practices, such as vegetative swales,
vegetated filter strips, bioretention, and raingardens, shall be considered
landscaping.
(b) Parking Lot Landscaping
(i) A minimum of eight percent of the total land area within parking areas shall be
landscaped.
(ii) Landscaping at least 12 feet in width shall separate parking lots into cells of no
more than 120 stalls.
(iii) Landscaping shall break up rows of parking approximately every 20 spaces.
(iv) Shade trees shall be included within the landscaping. Species selection shall be
guided by soils conditions and trees shall be planted in a way which
increases the likelihood of long-term survival.
(v) Where practical, the landscaping areas shall be designed to receive storm water
runoff from the adjacent parking area.
(vi) A headlight screen with a minimum height of 36 inches shall be installed along
the exterior of parking lots, unless the city determines that the headlight
glare has been sufficiently addressed by another means.
(c) Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per
50 feet, or fraction thereof, of lot perimeter shall be 'required.
(i) Size. Deciduous trees shall not be less than 2.5 caliper inches measured four
feet off ground, and coniferous trees shall not be less than six feet in height.
(ii) Location. Tree location shall be approved by the city prior to planting.
(iii) Type. Trees shall be suitable for the soil and site conditions and compliment
others in the area. Native species, as listed within the tree preservation
ordinance are required unless otherwise necessary. No more than 25 percent
of trees may be of a single species.
(iv) Credit for Preserved Trees. The city may reduce the required number of
overstory trees if an applicant preserves more existing trees than required by
Subd. 3(f) of Section 826.68. The trees shall satisfy the requirements of
Subd. 3(c) of Section 826.68. The city shall determine the amount of credit
granted for such existing trees.
(d) Maintenance. Provisions shall be made to irrigate landscaping areas as necessary,
consistent with the water usage regulations. The property owner shall be
responsible to see that the approved landscaping plan is maintained in an
attractive and well -kept condition and to replace any landscaping that does not
survive.
(e) Landscaping Guarantee. The owner shall guarantee the growth and maintenance of
all plants for a minimum of two growing seasons following an inspection of all
completed plantings. The owner shall submit a financial guarantee, in a form
acceptable to the City, prior to issuance of a building permit to ensure the planting
and survival of the plantings. Any plant which does not survive or has severely
declined (for example, 25% of the crown has died in the case of trees) shall be
replaced, and the replacement should be guaranteed for an additional two growing
seasons. The City shall retain financial guarantee in an amount necessary for any
replacements.
(f) Tree Preservation. Removal of significant trees and any construction activity within
commercial districts shall be subject to the requirements set forth by the City's
Tree Preservation Ordinance Section 828.41.
Subd. 4. Outdoor Lighting. Property in the RPS district is intended as an intrinsically dark
landscape. The preservation of natural darkness has been identified as a high priority.
Lighting shall be limited to the amount necessary for public safety. Unless otherwise
specified herein, outdoor lighting shall abide by the requirements specified in the Outdoor
Lighting Ordinance. Lighting shall be abide by the following requirements:
(a) Lighting levels at property lines and 25 feet inside of the property lines shall be
limited to 0.0 foot-candle.
(b) Specific measures shall be implemented to limit the intensity of lighting and also the
amount of time extensive lighting, such as parking lot lighting, is utilized.
(c) Parking and Walkway lighting fixtures shall utilize full cut-off luminaries with no
more than 10 percent of light output above the horizontal plane through the light
source.
(d) Landscape and architectural lighting shall be aimed directly at the area of focus. Spill
light shall be minimized through the use of narrow distribution luminaries and
control devices such as louvers, refractors, barn doors, and glare shields.
!Subd. 5. Utilities, Mechanical Equipment, and Trash and Recycling Facilities.
(a) All utilities shall be placed underground. To the extent possible, all utility
equipment, meters and transformers shall be placed either inside of the building or
within an outside mechanical court formed by walls. If not located within the
building, these items shall be fully screened from view from adjacent property and
streets through the use of opaque landscaping or walls constructed of materials
which are compatible with the building.
(b) All HVAC and other mechanical equipment shall be designed, located, and/or
screened so they are not visible from adjacent property or public streets.
(i) Rooftop Equipment. Equipment shall be screened through the use of
architectural elements and materials which are compatible with the overall
design of the building. Wood fencing or chain link fencing with slats shall
not be permitted.
7
Comment [DF6]: All required to be
screened
(ii) Ground Equipment. Equipment shall be screened with walls which are
constructed of materials which are compatible with the building or with
landscaping which is opaque during the entire year.
(c) All trash and material to be recycled shall be stored within the principal building,
within an accessory structure, or within an enclosed outdoor area adjacent to a
structure. The accessory structure or enclosed area shall be constructed of similar
materials and have compatible architecture as the principal structure and shall
abide by yard setback requirements.
Subd. 6. Supplemental Requirements for Specific Uses within the RPS Zoning
District. In addition to the general standards specified for conditional uses in section
825.39 of the City Code and other requirements of this ordinance, the following uses shall
not be permitted unless the city council determines that all of the specific standards
contained in this subdivision will be met:
(a) Governmental or Municipal Buildings
(i) located with direct access to an arterial roadway as identified in the comprehensive
plan;
(ii) no exterior bells or loudspeakers; and
(iii) direct views of parking lots and structures from surrounding residential properties
shall be screened by appropriate means. This may include the requirements for
additional trees than required in the landscaping requirements above;
(iv) the seating capacity of the largest meeting room shall not exceed 500 persons;
(v) the number of persons on -site at any given time shall not exceed 500 persons,
with the exception of larger events no more than four times per year or in
response to an emergency situation (ie. natural disaster);
(vi) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the neighborhood. •
(b) Religious Institutions
(i) located with direct access to a major collector or an arterial roadway as identified
in the comprehensive plan;
(ii) no exterior bells or loudspeakers; and
(iii) direct views of parking lots and structures from surrounding residential properties
shall be screened by appropriate means. This may include the requirements for
additional trees than required in the landscaping requirements above;
(iv) sanctuary seating capacity shall not exceed 500 persons;
8
}
(v) the number of persons on -site at any given time shall not exceed 500 persons,
with the exception of larger events no more than four times per year;
(vi) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the neighborhood.
(c) Cemeteries
(i) the area of the lot utilized for burials, parking, maintenance and administration shall
not exceed ten acres;
(ii) shall be located with direct access to a collector or arterial roadway as identified in
the comprehensive plan;
(iii) all roadways within the cemetery shall be paved and the width shall be as the City
deems necessary for public safety;
(iv) direct views from all adjoining residential parcels shall be screened by appropriate
means. This may include the requirements for additional trees than required in
the landscaping requirements above;
(v) all burial sites must be set back a minimum of 50 feet from all property lines.
Identified future burial sites within existing cemeteries which are on file with
the city prior to December 31, 2007 shall not be subject to this setback
requirement;
(vi) upright grave markers that exceed 24 inches in height shall meet the setback
requirements of the district;
(vii) all improvements, including grave sites, shall be set back a minimum of 50 feet
from all wetlands;
(viii) established and operated in compliance with the requirements of Minnesota
Statutes, Chapters 306 or 307, as amended;
(ix) sufficient maintenance and perpetual care funds as required by Minnesota Statutes
Chapters 306 or 307 shall be established;
(x) landscaping shall include overstory trees and be designed to promote a park -like
setting;
(xi) monuments or markers within a cemetery shall be placed as shown on the
cemetery's master plan or as directed by the city;
(xii) mausoleums shall not exceed 15 feet in height and monuments shall not exceed 10
Comment [DF7]: Current RR
regulations require 20 feet in width. Staff
recommends adding flexibility in order to
reduce hardcover
feet in height, with height measured as it is for buildings;
(xiii) 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;
(xiv) 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;
(xv) 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;
(xvi) a site plan acceptable to the city council must be submitted and reviewed under
the city's site plan ordinance;
(xvii) 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 any 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;
(xviii) 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;
(xix) the city council may require a transportation plan that includes traffic
management for burials, funerals and burial site visits;
(xx) the city council may require an environmental assessment of the proposed use;
(xxi) 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;
(xxii) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential
character of the neighborhood.
(d) Daycare or Early Childhood Educational uses,
(i) the use shall be clearly accessory to a use permitted on the property;
10
(ii) drop-off and pick-up areas shall be located outside of the public right-of-way and
designed to enhance vehicular and pedestrian safely;
(iii) the number of children shall not exceed 30;
(iv) hours of operation shall be limited to 7:00 a.m. through 6:00 p.m., Monday
through Friday;
(v) recreational areas designed for group sports activities set back a minimum of 100
feet from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(vi) no lighted playing fields shall be permitted;
(vii) proof of compliance with relevant state and county licensing requirements shall
be provided;
(viii) the city council may require compliance with any other conditions, restrictions
or limitations it deems to be reasonably necessary to protect the residential
character of the neighborhood.
SECTION V. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this day of , 2009.
ATTEST:
Chad M. Adams, City Administrator -Clerk
T.M. Crosby, Jr., Mayor
Published in the South Crow River News this day of , 2009.
11
Comment [13F8]: Similar to parking
setbacks; equipment at Woodridge
church would not abide by this
requirement
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner
DATE: April 9, 2009
MEETING: April 14, 2009 Planning Commission
SUBJ: Zoning Map Amendment — Rezone the following to Rural Public/Semi-Public:
a. PID#22-118-23-24-0004 — 2052 County Road 24 (Medina City Hall)
b. PID#23-118-23-23-0001 — 1500 County Road 24 (Woodridge Church)
c. PID#27-118-23-23-0008 — 2300 Cox Trail (First Apostolic Lutheran Church)
Background
The parcels referenced above are the Public/Semi-Public uses in the rural area of the City (see
map below). The proposed zoning map amendment would place these three parcels into the
Rural Public/Semi-Public (RPS) zoning district after the district is created.
Parcels Proposed for
Zoning Change to Public/Semi-Public
M
Parcels Proposed for Zoning Change
1st Apostolic Lutheran Church (2300 Cox Trail)
RPS Rezoning
Page 1 of 2
April 14, 2009
Planning Commission Meeting
Following is information on the parcels proposed for rezoning:
Address
Owner
Current Zoning
2000-2020
Comp Plan
Guiding
2010-2030
Comp Plan
Guiding
2052 CR 24
City of Medina
Public/Semi-
Public
Public/Semi-
Public
Public/Semi-
Public
1500 CR 24
Woodridge Church
Rural Residential
Rural Residential
Public/Semi-
Public
2300 Cox Trail
1st Apostolic
Lutheran Church
Rural Residential
Rural Residential
Public/Semi-
Public
All of the properties are surrounded by land which is guided and zoned as Rural Residential.
These surrounding parcels are already developed for single-family residential uses.
Criteria for Granting Zoning Amendments
According to Section 825.35 of the City Code, the City shall only amend the zoning map "as a
means to reflect changes in the goals and policies of the community as reflected in the
Comprehensive Plan or changes in conditions in the City."
Staff Recommendation
Staff believes that the rezoning of these parcels after the Rural Public/Semi-Public zoning district
is created is necessary in order to carry out the policy changes that the Commission and City
Council have been discussing over the past two months with regards to institutional uses. As a
result, staff recommends approval of the zoning map amendment
Attachment
Ordinance Rezoning the Parcels
RPS Rezoning
Page 2 of 2 April 14, 2009
Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE REZONING CERTAIN PROPERTY TO
RURAL PUBLIC/SEMI-PUBLIC
The City Council of the City of Medina Ordains as follows:
SECTION I
The property identified on Exhibit A, attached hereto, and having the following property
identification numbers, on record with Hennepin County, Minnesota be hereby rezoned to Rural
Public/Semi-Public (RPS):
a. PID# 22-118-23-24-0004
b. PID# 23-118-23-23-0001
c. PID# 27-118-23-23-0008
SECTION II
This ordinance shall become effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this day of , 2009.
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this ! day of 2009.
Ordinance No. ttftit
DATE
EXHIBIT A — Map of Property to be Zoned Rural Public/Semi-Public
Parcels Proposed for
Zoning Change to Rural PublicSemi•Public
�n�wvY is:u., n f, ti }
PID# 23-118-23-24-0004 (2052 County Road 24)
Parcels Proposed for Zoning Change
741
a PID# 23-118-23-23-0001 (1500 County Road 24;
PID# 27-118-23-23-00
8 (2309 Cox Trail)
I
Ordinance No. ###
DATE