HomeMy WebLinkAbout2015-591�
W-10"Nal
1TELIUMPYAND FINAL PEATFOR THE #
CEAMTERY AS ORDERED BY ME DISIMT COURT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the Mate of Minnesota and
WHEREAS,
DevelopmentC'Applicant") 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
(PillWHEREAS, the proposed Final Plat includes a cemetery on one parcel of land
Area;01.029.21.33.0003) in the Rural Planning
WHEREAS, the Lake Elmo Manning Commission held a public hearing can July 13,
015 to consider the Preliminary and Final Plat application; and
Council for the July 21, 2015 Council Meeting; and
# ♦ t
WHEREAS, the City Council further reviewed the Halcyon Cemetery Preliminary and
Final Plat at its meeting held on October 6, 2015 and denied the request based on findings of fact
as outlined in Resolution
WHEREAS, the Applicant sued the District Court, challenging the denial of the
Applicant's Preliminary and Final Plat applications, alleging the denial was arbitrary, capricious and
without sufficient factual or legal basis.
WHEREAS, the District Court granted sumnaryjudgment to the City and dismissed the
Applicant's complaint.
WHEREAS, the District Court's decision was appealed to the State of Minnesota Court of
Appeals, and the Court remanded the case to the district court with instructions to issue an Order
directing the City to approve the plat.
Resolution 01-59
WHEREAS, The Supreme Court denied the petition by the City of Lake Elmo to further
review the LeRoy J. Rossow, Jr. vs. The City of Lake Elmo, Minnesota on February 20, 2018.
WHEREAS, The District Court ordered on March 21, 2018 for the City to approve the
preliminary and final plat within 30 days of the Order in accordance with the proposed Resolution
No. 2015-59.
WHEREAS, the findings of fact of proposed Resolution 2015-59 made the following
findings of fact:
1) That the Halcyon Cemetery Final Plat is consistent with the Lake Elmo Comprehensive
Plan and the Future Land Use Map for this area.
2) That the Halcyon Cemetery complies with the City' s RR — Rural Residential zoning
district.
4) That the Halcyon Cemetery Final Plat meets other City zoning ordinances, such as
landscaping, tree preservation, erosion and sediment control, off-street parking and other
ordinances, except where noted in this report herein.
5) That the Halcyon Cemetery Final Plat is consistent with the City's engineering standards,
except where noted, provided the plans are updated to address the City Engineer's
comments documented in a letter dated July 8, 2015 and the Fire Chief s comments
documented in a letter dated July 7, 2015.
6) The applicant has committed to establishing a permanent care trust fund consistent with
the requirements established under State Statute.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
1) The applicant §11allrevise the Final Plat to accommodate all required right-of-way 01
Lake Elmo Avenue and 5 011 Street Noi th as documented in review memorandums
submitted by Washington County and the City Engineer.
2) All required modifications to the plans as requested by the City Engineer in a review
letter dated July 8, 2015 shall be incorporated into the plans prior to the City's execution
of the Final Plat.
3) The developer shall follow all of the rules and regulations spelled out in the �e
Conservation Act, and abide by all conditions of approval established in the p
Valley Branch Watershed District Permit,
4) The applicant shall be responsible to address all review comments sub by
Washington County described 'in the review memorandum received from the County
dated July 7, 2015. In addition, the applicant shall obtain all necessary right-of-way
permitting from Washington County,
2
Resolution 2015-59
5) The Landscape Plan shall be revised to include 6 additional trees to fulfill the City's
Landscaping Requirements. In addition, the plant material that is on top of utilities shall
be moved to comply with the direction of the City Engineer per his memorandum dated
July 8, 2015. Finally, prior to installation of plant material, the plan shall be reviewed by
the City's Landscape Consultant for final approval.
6) The applicant must enter into an agreement with the City to own, operate and maintain
the private store i water facilities on the property. The storm water maintenance
agreement must be recorded with the Final Plat.
7) Prior to the issuance of grading/building permits, all review cormnents of the Fire Chief
must be addressed by the applicant.
8) The applicant shall obtain the necessary pennitting from Washington County to install a
new septic system to serve the property prior to the City issuing and building permits for
the remodel of the home.
9) All lighting installed on the Halcyon Cemetery site must comply with the City's dark
skies ordinance.
10) Any alterations to the existing single fainily home shall be reviewed for conformance to
the City's design standards.
11) All trees transplanted on the site shall include a two-year warranty period to ensure
survival. Any trees that do not survive the two-year period shall be replaced.
12) The Landscape Plan shall be amended to add plantings along the Eastern and Northern
property lines consistent with screening requirements specified in 154.258.F of the City
Code,
Passed and duly adopted this 17'h day of April by the City Council of the City of Lake Elmo,
Minnesota,
Mike Pearson, Mayor
ATTEST:
j , Jo nsoClerk
n 4Cy
3
Resolution 2015-59