Loading...
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