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4. Staff report - Better Place CUP PC 06.02.201 7J 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 1 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: 1 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 1 Better Place Forests CUP 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. 1 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. 1 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 1