HomeMy WebLinkAboutResolution 2015-59ACITY OF LAKE ELMO
A RESOL UTION:DENYING A PRELIMINARY AND F17VAL PLA T FOR THE H LCY iN
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 Ros ow, 11050 5 0' Street North, Lake Elmo MN 55042 has
submitted an application to the City of Lake Elmo ("City") for a Preliminary and Final Flat for a
cemetery to be called Halcyon, a copy of which is on file in the City of Lake Elmo Conu-nunity
Development Department; and
WHERE AS, the proposed Final Plat includes a cemetery on one parcel of land {PID:=
}1, 029.21.33.0003) in the Rural Planning Area; and
WHEREAS, the Labe 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,,2 115 and tabled taking action at that time; and
VVHEREAS, 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 FinalPlat 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 qf rural residential development lopment ithin the
City. Common rases found in these areas include workingfaarms, alternative agricultural
rases as defined by City Corte, and rural single, anvil = detached residences. Development
in these areas requires 10+ acres, or as conditional use permit to authorize as cluster
development meeting the City spear Space Preservation regulations. The establishment
of a private cemetery and related gathering space, administrative activities, funeral
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Resolution 2015-5 A
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 Cernetery 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
Ju4liohnsoOity Clerk
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Resolution 2015-59A