HomeMy Public PortalAbout2011-026 Resolution Approving Site Plan Review and CUP for Holy Name CemetMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2011-26
RESOLUTION APPROVING A SITE PLAN REVIEW AND
CONDITIONAL USE PERMIT FOR HOLY NAME CEMETERY
LOCATED AT 52 COUNTY ROAD 24
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'), owns property at the northeast
corner of County Road 24 and Holy Name Drive which is legally described on Exhibit A, attached
hereto (the "Property"); and
WHEREAS, on May 19, 2009, the City adopted Resolution 2009-31, which granted
approval of a smaller expansion of the existing cemetery, subject to certain terms and conditions;
and
WHEREAS, the Applicant has not expanded the cemetery nor constructed the
improvements as approved by Resolution 2009-31; and
WHEREAS, the Applicant has requested approval from the City of a Site Plan Review
and Conditional Use Permit to allow a larger expansion of the existing cemetery located on the
Property; and
WHEREAS, the current proposed expansion includes 536 traditional in -ground burial
sites, 64 in -ground cremation niches, 484 cremation niches within structures above -ground as
well as various accessory improvements such as a columbaria structure, a new access drive,
landscaping, paths, and stormwater improvements; and
WHEREAS, on January 11, 2011, the Planning Commission held a duly noticed public
hearing where testimony was heard from the Applicant, city staff, and other interested parties;
and
WHEREAS, on March 1, 2011, the City Council reviewed the request for conformance
with City ordinances, considered the recommendations of the Planning Commission and heard
comments from interested parties.
WHEREAS, the City Council has determined that, subject to the terms and conditions
contained herein, the proposed Site Plan is consistent with relevant City regulations; and
WHEREAS, the City Council has considered the effect of the proposed use upon the
health, safety, morals, and general welfare of surrounding lands and determined that, subject to
the terms and conditions contained herein, the approval of the Conditional Use Permit is
consistent with the criteria of Section 825.39 and other relevant City regulations.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of a Site Plan Review and Conditional Use Permit, subject to the
following terms and conditions:
1) The Applicant shall construct all improvements and burials shall be located as described in
substantial conformance with the plans received by the City on March 31, 2011, except as
modified in this resolution.
2) The Applicant shall enter into a development agreement with the City, which is acceptable
to the City, related to the improvements and requirements described herein.
3) All burials and cremation niches shall be a minimum of 50-feet from all property lines.
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.
4) Burial vaults installed shall be a minimum weight of 2500 pounds consistent with the
Applicant's geotechnical engineer's recommendation, unless an alternative specification is
approved by the City.
5) The base of the access drive, stormwater improvements, and all landscaping and upland
buffers shall be installed prior to any burials occurring in the expanded cemetery.
6) The new access drive shall be designed and installed to a standard acceptable to the City
Engineer and Fire Marshal. The access drive, both the new portion and the existing portion,
shall be paved within two years of installation of the base of the new portion of the access
drive.
7) The access drive shall be signed as one-way, with the direction to be determined by the City
in consultation with Hennepin County.
8) No parking signs shall be installed on one side of the access drive. Additionally, parking
shall be prohibited on both sides of the access drive at certain locations determined by City
staff to allow adequate emergency vehicle access. The applicant shall install "No Parking"
signage as approved by the City.
9) The Applicant shall provide traffic control for large processions or other larger events.
Specific traffic control plans may be required at the discretion of the Police Chief.
10) The Applicant shall be required to actively encourage parking on the Holy Name Church
site for burials and other large events.
11) Cemetery parking shall not be permitted on public streets.
12) The Applicant shall identify proof -of -parking locations on the cemetery site. In the event
parking, circulation and emergency access to the cemetery parcel become a concern, or if a
Resolution No. 2011-26 2
April 19, 2011
parking agreement with the property across the street is not in place, the City retains the
right to require the Applicant to construct some or all of the proof -of -parking.
13) The path along the east and north of the cemetery expansion shall not be utilized by
motorized vehicles with the exception of maintenance vehicles, hearses, or vehicles carrying
persons with mobility limitations or disabilities. Gates and signage shall be installed to limit
other vehicular usage. The path shall be one-way with "Do Not Enter" signage installed at
the western end.
14) The upland buffer downgradient from proposed construction shall meet the requirements of
Section 828.43 of the City Code, including signage requirements.
15) The cemetery shall continue to be operated in compliance with the requirements of
Minnesota Statutes, Chapters 307 and the cemetery shall continue to provide sufficient
maintenance and perpetual care funds as required by Minnesota Statutes, Chapters 307.
16) The Applicant shall address the comments of the City Engineer comments dated April 7,
2011 and the Building Official comments dated 12-23-2010.
17) The Applicant shall obtain necessary permits from the City, Minnehaha Creek Watershed,
Hennepin County, Minnesota Pollution Control Agency and any other relevant agency prior
to commencing construction activity on the property.
18) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the site plan and conditional review and other relevant documents.
BE IT HEREBY FURTHER RESOLVED, that this resolution shall supersede
Resolution 2009-31, adopted May 19, 2009, in its entirety and that Resolution 2009-31 shall
therefore be considered null and void.
Dated April 19, 2011.
Attest:
Chad M. Adams, City Administrator -Clerk
BY T 4
T. M. Crosby, Jr., a or
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:
Crosby, Martinson, Pederson, Siitari, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2011-26 3
April 19, 2011
Exhibit A
Legal Description of the Property
Lot 1, Block 2, Holy Name Church and 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
Resolution No. 2011-26 4
April 19, 2011