4. Staff report - Better Place CUP PC 06.02.201
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TKDA
MEMORANDUM
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
To: Scandia Planning Commission
Ken Cammilleri, Administrator
Copies To: Brenda Eklund, Clerk
Liam McNally, applicant
From: Merritt Clapp -Smith, City Planner
Date: May 27, 2020
Reference: Better Place Forests request for an CUP
for a conservation memorial forest
Proj. No.: 17722.000
Routing:
SUBJECT: Better Place Forests request for a Conditional Use Permit (CUP) to establish a
conservation memorial forest
MEETING DATE: June 2, 2020
LOCATION: Lakamaga Trail North [PIDs 21.032.20.33.0004; 28.032.20.22.0001;
28.032.20.21.0001; 28.032.20.12.0003; 28.032.20.24.0002]
APPLICANTS: Liam McNally
3717 Buchanan Street Suite #300
San Francisco, CA 94123
OWNERS: Janice Riermann
ZONING: General Rural (GR) and Shoreland Overlay Zoning Districts
60 -DAY PERIOD: June 12, 2020 (120 -day period ends on Augustll, 2020)
ITEMS REVIEWED: Application and Plans received April 13, 2020
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting a Conditional Use Permit (CUP) to establish a conservation memorial forest on a
mostly wooded 112 -acre parcel. This type of use is not defined in the Scandia Development code, so for
purposes of review, the Planning Commission determined that it is most similar to a 'Cemetery' use, as defined
in the code.
An employee -owned company promoting affirmative action and equal opportunity.
Better Place Forests CUP
Scandia Planning Commission Page 2 June 2, 2020
[Scandia Development Code, Chapter 1, Section 4.0 Rules and Definitions]
(50) Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery
purposes and including, but not limited to, columbariums, mausoleums and chapels when operated in
conjunction with and within the boundaries of such cemetery.
Cemeteries are allowed as a Conditional Use in the General Rural District and Better Place will be reviewed
accordingly.
PROPERTY INFORMATION:
The property for consideration
is 112 -acres of largely wooded
area. It is comprised of five (5)
parcels under single
ownership. The entire
property is within the
Shoreland Overlay District,
abuts Fish Lake and a bay of
Big Marine Lake, and has a
number of wetlands. There are
some existing informal trails
on the property, some of
which will be used for the
proposed use.
The property is undeveloped.
CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP)
The City's Development Code identifies the general and specific criteria that should be considered for
evaluating a CUP request and granting a CUP or amendment. The Code indicates that the criteria that the
Planning Commission shall consider:
• Compliance with the Comprehensive Plan.
• Compliance with the Development Code.
• Compliance with the required criteria for issuance of a Conditional Use Permit.
EVALUATION OF COMPREHENSIVE PLAN COMPLIANCE:
Comprehensive Plan
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Better Place Forests CUP
Scandia Planning Commission Page 3
June 2, 2020
The General Rural (GR) Zoning District was established to provide for a rural residential area of mixed lot sizes.
Cemeteries are allowed as a Conditional Use in the GR District. The Better Place Forests use would retain 112
acres in its natural wooded form, which is less intensive on the land than a cemetery. The proposal for the
property is consistent with the policies of the Comprehensive Plan.
EVALUATION OF DEVELOPMENT CODE COMPLIANCE:
Lot Size and Frontage
The minimum lot size in the General Rural (GR) District is 2.0 acres and the minimum frontage is 160 feet. This
property is 112 acres, with around 500 feet of frontage on Lakamaga Trail North. The request meets the lot
size and frontage requirements.
Setbacks
Structure setback requirements in the GR District are:
• front yard — 40 feet
• side yard - 20 feet
• rear yard - 50 feet
The proposed visitor building will have setbacks of:
• front yard setback of approximately 1,000 feet from the roadway
• side yard setback of approximately 200 feet from the nearest property line
Septic tanks must be 50 feet from adjacent property lines. The submitted plans show a proposed area for the
septic that is at least 200 feet from the nearest property line.
Accessory Structures
The Development Code permits one accessory structure per parcel for commercial uses, provided it is used for
storage related to the principal use on the property. The accessory building must be placed to the rear of the
primary structure and may not exceed 35 feet in height. The plans do not show any accessory buildings at this
time.
Lot Coverage
The maximum allowable lot coverage is 25% in the GR District. The road and small building will create
impervious surface coverage of 0.69 acres, which is less than 1% coverage for the property. The proposed
impervious cover meets the ordinance requirement.
Access and Traffic
The proposed project will add a driveway onto Lakamaga Trail North, a city street. Before installation of the
driveway occurs, a driveway permit will be required from the City of Scandia.
The application included a traffic study of estimated trips to and from the property for the use. The Conclusion
from the Spack consulting report states:
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Better Place Forests CUP
Scandia Planning Commission Page 4 June 2, 2020
"Using trip generation forecasts based on data provided by Better Place Forests, the expected increases
in traffic volumes on the surrounding transportation network are:
• 44 daily trips
• 12 a.m. peak hour trips
• Six p.m. peak hour trips
Though the trip generation from this site will cause a slight increase in area traffic volumes, the site is
not forecast to be a high traffic generator. No significant operational impacts are anticipated for the
surrounding roadways and intersections due to trips from this site."
Parking and Loading
Fourteen (14) parking spaces are proposed. Chapter 2, Section 3.10 of the Development Code regulates
parking design standards and the required number of spaces for different uses. Cemeteries and uses similar to
Better Place Forests are not identified in the parking requirements. In such cases, it is up to the Zoning
Administrator to evaluate the expected demand and supply of parking.
The traffic study estimations for this project were based on examining trip data for two other Better Place
Forests sites. The traffic study found that the highest vehicle counts at one time was nine (9) for Memorial Day
on the other sites. Therefore, 14 parking spaces should be plenty to meet demand.
The design and maintenance of the off-street parking spaces shall meet all General Requirements for parking
in the Scandia Development Code. Curbs and gutters are not required for parking lots with fewer than 15
spaces.
Lighting
This proposal does not have a level of detail that includes lighting. All future lighting at the site shall meet the
lighting standards identified in Development Code, Chapter 2, Section 3.9.
Building Standards
One (1) building of modest size is shown in the center of the turn around and parking area. Design and
elevations for this building are included in the application. The building is intended to provide shelter and
sanitary facilities for visitors, which shall be in accordance with all local, county and state codes for the
intended building uses. The location and size of the building meet all setback and height requirements of the
Development Code. Detailed building plans shall be submitted to the city for review and permitting before any
construction proceeds.
Landscaping and Screening
This proposal does not include a detailed landscape plan. Such a plan shall be required to accompany the
building plan when submitted. The proposal does include details for driveway and parking lot design, as well
as raingardens to accommodate stormwater runoff. The location of the building and retention of existing trees
provides adequate screening from adjacent properties and the public right of way.
Wastewater Treatment
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Scandia Planning Commission Page 5 June 2, 2020
A septic system will be required to support the visitation building on the property. The area for the future
drain field is indicated on the map and meets setback requirements from buildings, the well and property lines.
The applicant must receive a Septic Permit from Washington County before any city permits for grading and
construction are issued.
Land Alteration, Grading, and Stormwater Management
The application includes a detailed Stormwater Management plan prepared by Loucks Engineering and
submitted to the local watershed district. The Watershed District had not commented at the time of this staff
report.
A preliminary wetland map in the application shows the location of known and potential wetlands. All
building and structures shall comply with wetland setback requirements.
Signage
The application does not include details about signage. When plans are ready, they shall be submitted to the
city for review and issuance of a sign permit.
Requirements for a Cemetery Use
[Per Scandia Development Code, Chapter 2, Section 4.0 Standards for Uses, 4.5 Cemeteries.]
(1) The minimum area of a cemetery shall be 5 acres unless associated with a house of worship.
This requirement is met. The property is 112 acres.
(2) The site proposed for a cemetery or cemetery expansion shall not interfere with the development of a
system of collector or larger streets in the vicinity of such site.
This requirement is met. There are no plans for development of collector or larger streets on or near the
property.
(3) Burial plots, grave markers, monuments, columbaria and buildings operated in connection with a cemetery
shall meet the building setbacks and structure height requirements of the zoning district.
This requirement is met. The memorial markers planned for Better Place Forests are 3 to 4 inch diameter
and flush to the ground.
(4) Graves and structures used for interment shall be setback 50 feet from wells.
This requirement is met. There is no interment proposed. Cremains are mixed into the soil in accordance
with Minnesota State Statute regulating the scattering of cremains. [MN Stat 149A.02(37c)]
EVALUATION OF THE CUP CRITERIA
The general criteria for evaluating Conditional Use Permits are listed in italics and the Planner's evaluation of
the proposed use based on the conditions follows in standard text.
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Better Place Forests CUP
Scandia Planning Commission Page 6 June 2, 2020
• The conditional use will be in compliance with and shall not have a negative effect upon the
Comprehensive Plan, including public facilities and capital improvement plans.
The proposed use is consistent with the goals and policies for uses in the General Rural area. It will not
require new public facilities or impact the City's capital improvement plan.
• The establishment, maintenance or operation of the conditional use will promote and enhance the
general public welfare and will not be detrimental to or endanger the public health, safety, morals or
comfort.
The proposed conservation memorial forest will retain a large area of land in its natural state, which
benefits the health and welfare of nearby residents, wildlife and the environment. Visitation and
traffic at the site is expected to be low and the proposed activities will be low volume and create no
odor. The use will not create adverse impacts on the public health safety, morals, comfort or general
welfare of the public.
• The conditional use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair property values or
scenic views.
The use will barely be visible or noticeable to people outside of the property. It is intended as a quiet,
sanctuary space for people to find peace and quiet while visiting deceased loved ones. It will not
substantially diminish or impair nearby property values or scenic views.
• The establishment of the conditional use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
The proposed use will not noticeably change the site from what it is today, and therefore will not
impede development or improvement of surrounding properties.
• Adequate public facilities and services are available or can be reasonably provided to accommodate the
use which is proposed.
Small numbers of visitors will be on site at any one time. A visitor building with water and sanitary
facilities will be available, as well as a finished driveway and parking spaces to accommodate vehicles.
Adequate public facilities and services will be available and able to accommodate the expected volume
of visitors.
• The conditional use shall conform to the applicable regulations of the district in which it is located and
all other applicable standards of this Chapter.
The proposed use is consistent with the applicable regulations of the General Rural District, as outlined
previously in this report.
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Better Place Forests CUP
Scandia Planning Commission Page 7 June 2, 2020
• The conditional use complies with the general and specific performance standards as specified by this
Section and this Chapter.
As outlined in this report and in the application, the conditional use meets the general and specific
performance standards of the Development Code.
ACTION REQUESTED:
The Planning Commission can recommend the following:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING STAFF RECOMMENDATION:
Recommend approval of a Conditional Use Permit for a memorial conservation forest on Lakamaga Trail North,
as described in the application from Better Place Forests, subject to the following conditions:
1. Prior to City issuance of final building permits, the applicant shall submit:
a. Documented County approval for the new well.
b. Documented County approval for the new septic system.
c. An approved permit from the local Watershed district for stormwater management.
d. A City approved permit for the new driveway access onto Lakamaga Trail North.
e. A City approved grading and erosion control permit.
f. A City approved sign permit.
g. A City approved final Landscape Plan.
h. A City approved final Site Plan showing parking lot design and lighting.
2. The applicant shall comply with all local, state, and federal permits and requirements for the new uses
on the parcel.
3. The applicant shall pay all fees and escrow costs related to the application
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