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. 31 MEMORANDUM DATE: 10/14/04 MEETING DATE: 10/19/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Sunset Memorial Park Rezone Requested Action: On October 19, a public hearing will be held for a rezone of the Sunset Memorial Park cemetery located at 2250 St. Anthony Boulevard. The applicant is requesting to rezone the property from R-1 Single Family Residential to Recreational Open Space (ROS). The Planning Commission's recommendation concerning the request will be forwarded to the City Council'for consideration at their October 26 meeting. - .Background: Currently, the zoning on the subject property is R-1 Single Family Residential. The current zoning classification is considered legal non-conforming. The applicant and owner of the cemetery site, Alderwoods Group, would like to rectify that and are requesting a rezone to Recreational Open Space (ROS) to conform to the City Ordinance. The ROS zoning district allows cemeteries as a permitted use and also allows mausoleums and crypt structures as permitted accessory structures. Sunset Memorial Park has a mausoleum on-site. At the September 21 Planning Commission meeting, Mekus Studios presented plans to demolish the existing administration building on St. Anthony Boulevard and build a new funeral home on the site. At this time, the applicant has informed the City they are studying the funeral home issue further and would only like to discuss the rezone issue. If the applicant were to pursue the funeral home concept on the site in the future, other city approvals would be necessary. The City has made this clear to the applicant on several occasions. Following the change in zoning classification from R-1 to ROS, the applicant would need to request a text amendment to the ROS district to allow funeral homes as a permitted conditional use. A public hearing at the Planning Commission and three readings by the City Council would be necessary for approval of the text amendment. If the City approved this, the applicant would have to apply for a conditional use permit and go through that process with the Planning Commission and City Council. If the Planning Commission and/or City Council are not ready to make a decision on the rezoning request, a 60 day extension would be have to be implemented to conform to Minnesota statute. This is very important because, by not taking action on the application within 60 days of receipt, the City approves the application by default. Attachments: • Petition for Rezoning • Survey