HomeMy Public PortalAbout2009-031 Resolution Approving CUP & Site Plan Review for Holy Name CemetaryMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2009-31
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN
REVIEW FOR HOLY NAME CEMETERY, LOCATED AT THE NORTHEAST
CORNER OF COUNTY ROAD 24 AND HOLY NAME DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation,
organized and existing under the laws of Minnesota; and
WHEREAS, Holy Name of Jesus Church (the "Applicant') is the owner of
property, legally described in Exhibit A attached hereto (the "Property"); and
WHEREAS, the Applicant has requested approval of a conditional use permit
and site plan review to expand the cemeteries in -ground burial lots from 857 to 1201 and
a wooded pathway for above -ground cremations on the Property as part of Phase I; and
WHEREAS, the conditional use permit, and site plan of the Property was
reviewed by the Planning Commission on April 14, 2009 and following a public hearing
thereon as required by law, the Planning Commission recommended approval thereof,
subject to certain terms and conditions; and
WHEREAS, the City Council on May 5, 2009 reviewed the request for
conformance with city ordinances, considered the recommendations of the Planning
Commission and heard comments from the applicant and other interested parties; and
WHEREAS, the City Council finds the Applicant has successfully demonstrated
they meet the criteria necessary to approve a conditional use permit and site plan review;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina, Minnesota, that it should and hereby does approve the request by Holy Name of
Jesus Church, for a conditional use permit and site plan review of the Property, subject to
the following terms and conditions:
1. The conditional use permit and site plan review approval shall be contingent on
approval of the lot combination approved by the City under resolution 2009-30.
2. Improvements shall be constructed as described in the plans received by the City
on March 10, 2009, except as modified in this resolution.
3. This approval shall only apply to those improvements identified as Phase I on
Sheet P1 of the plans received by the City on March 10, 2009. An amended
conditional use permit shall be required prior to any additional burial sites or
improvements on the Property.
Resolution No. 2009-31
May 19, 2009
4. Cremation stones and benches shall not be placed within 40 feet of the north
property line.
5. The wooded pathway and cremation niche benches and stones shall be installed in
a way to limit the impact on adjacent significant trees.
6. Tree that do not survive or are removed shall be limited to 15 percent of the
significant trees on the Property otherwise replacement shall be required
consistent with the City's tree preservation ordinance.
7. All proposed trees shall be planted outside drainage and utility easements.
8. New overstory trees shall be relocated to the front of the property and placed in
more of a park -like setting.
9. A mix of coniferous tree species shall be planted in place of the proposed 74
black hills spruce trees.
10. A wetland delineation report shall be completed and submitted to staff for
approval prior to work commencing.
11. 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.
12. The cemetery shall continue to be operated in compliance with the requirements
of Minnesota Statutes, Chapters 306 or 307.
13. The cemetery shall continue to provide sufficient maintenance and perpetual care
funds as required by Minnesota Statutes, Chapters 306 or 307.
14. Phase I shall only permit the residential use on the property.
15. Circulation, parking, grading and site drainage shall be evaluated with Phase II.
16. Phase I shall not require parking to be installed on the cemetery site. Parking is
satisfied by the cemetery having access to the parking lot at 155 County Road 24,
which is under the same ownership as the cemetery. If common ownership ceases
in the future, parking for the cemetery shall be provided to the satisfaction of the
City.
17. The Applicant shall pay to the City a fee in the amount sufficient to pay for all
costs associated with the review of the conditional use Permit and site plan
review.
Dated: May 19, 2009
T.M. Crosby, Jr., Mar
ATTEST:
Chad M. Adams, City Administrator -Clerk
Resolution No. 2009-31 2
May 19, 2009
The motion for the adoption of the foregoing resolution was duly seconded by member
Weir and upon vote being taken thereon, the following voted in favor thereof:
Smith, Weir, Crosby
and the following voted against same: (Absent: Johnson and Siitari)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-31 3
May 19, 2009
EXHIBIT A
LEGAL DESCRIPTION:
The West 202.00 feet of the East 404.00 feet of the South 431.20 feet of the Southeast Quarter of
the Northeast Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota,
subject to easement: the south 40.00 feet of the West 202.00 feet of the east 404.00 feet of the
Southeast Quarter of the Northeast Quarter.
AND
Lot 1, Block 2, HOLY NAME CHURCH, Hennepin County, Minnesota, according to the record
plat thereof.
Resolution No. 2009-31 4
May 19, 2009