HomeMy WebLinkAboutResolution 2015-059A Halcyon Cemetery Final Plat Denial 10-6-151 Resolution 2015-59A
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2015-059A A RESOLUTION DENYING A PRELIMINARY AND FINAL PLAT FOR THE HALCYON CEMETERY
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Mr. Lee Rossow, 11050 50th Street North, Lake Elmo MN 55042 has
submitted an application to the City of Lake Elmo (“City”) for a Preliminary and Final Plat for a
cemetery to be called Halcyon, a copy of which is on file in the City of Lake Elmo Community
Development Department; and
WHEREAS, the proposed Final Plat includes a cemetery on one parcel of land (PID:
01.029.21.33.0003) in the Rural Planning Area; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 13,
2015 to consider the Preliminary and Final Plat application; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat subject to 14 conditions of approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary and Final Plat as part of a memorandum to the City
Council for the July 21, 2015 Council Meeting; and
WHEREAS, the City Council reviewed the Halcyon Cemetery Preliminary and Final
Plat at its meeting held on July 21, 2015 and tabled taking action at that time; and
WHEREAS, the City Council further reviewed the Halcyon Cemetery Preliminary and
Final Plat at its meeting held on October 6, 2015 and made the following findings of fact:
1) That the Halcyon Cemetery Final Plat is not consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. The site under
consideration is located within the City’s Rural Development Area land use
classification, which allows for: large areas of rural residential development within the
City. Common uses found in these areas include working farms, alternative agricultural uses as defined by City Code, and rural single family detached residences. Development in these areas requires 10+ acres, or a conditional use permit to authorize a cluster
development meeting the City’s Open Space Preservation regulations. The establishment
of a private cemetery and related gathering space, administrative activities, funeral
2 Resolution 2015-59A
services, and large parking area is not consistent with the City’s land use plan for this
area.
2) That the Halcyon Cemetery does not comply with the City’s RR – Rural Residential zoning district because it includes uses and activities that are not allowed under the definition of a “Cemetery” in Section 154.102 of the Zoning Ordinance. Specifically, the
proposed site plan includes an administration building, a proposed expansion of this
structure to add room for public gathering space, and parking lot that will accommodate
59 parking stalls. The definition of “Cemetery” offers no provisions for the conduct of services on the premises. The proposed buildings and parking areas exceed the activities allowed for “land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes”.
3) That the combined size of over 6,000 square feet for the proposed administration building, expansion area, and maintenance garage is not proportional to the size of the proposed cemetery. The re-use and expansion of the existing single family structure far
exceeds what would otherwise be required to provide for the car and maintenance of the
cemetery.
4) The Zoning Ordinance does not allow for two principle uses to exist on property that is zoned Rural Residential. Specifically, the continued occupation of a single-family
residence on the property is in conflict with the proposed platting of a cemetery on the
same property. Because the site is 10 acres in size and is at the minimum requirement of
the Zoning Ordinance for lot size in a RR zoning district, the applicant would not be able to separate the home from the cemetery use.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny
the Halcyon Cemetery Preliminary and Final Plat.
Passed and duly adopted this 6th day of October, 2015 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk