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6.b2 Better Place Forests Project NarrativeBETTER PLACE -* FORESTS Date: April 14, 2020 To: The City of Scandia From: Better Place Forests Re: Project Statement (Parcel Nos. 21-032-20-33-0004, 28-032-20-22-0001, 28-032-20-21-0001, 28-032-20-12-0003, and 28-032-20-24-0002) 1.0 Introduction Better Place Forests (BPF) is creating America's first conservation memorial forests. Our mission is to provide a natural, sustainable, and cost-effective alternative to traditional burial options. Through the purchase of a tree dedication in one of our forests, our customers are granted the exclusive right to place their cremated remains (cremains), or those of their family, around a private memorial tree. By doing so, our customers are able to leave a legacy supporting large-scale forest conservation efforts. To achieve this mission, BPF acquires beautiful properties within communities and permanently protects their forests, open spaces, and wildlife habitats. We seek to place conservation easements on all BPF properties, working with local land trusts to ensure that our forests will be protected in perpetuity and never developed. During memorial ceremonies, cremains are mixed with native soil and spread topically under personally dedicated memorial trees. A 3-4" USGS style marker is placed at the foot of each memorial tree. Nothing is interred into the ground and no memorials are placed on the trees themselves. Our vision in the City of Scandia is to preserve a local forest while providing the option of a natural resting place to local residents and the regional population of the Twin Cities Metro area. Through minor site improvements, we intend to facilitate visitation and access to the forest for those choosing our services while effectively managing the property to improve overall forest health. 2.0 Project Overview BPF plans to preserve a 112 -acre property in Scandia, Minnesota, for use as a memorial conservation forest. To meet this objective, BPF is seeking a Conditional Use Permit from the City of Scandia. Located on Lakamaga Trail North, the property is comprised of five contiguous parcels (Parcel Nos. 21-032-20-33-0004, 28-032-20-22-0001, 28-032-20-21-0001, 28-032-20-12-0003, and 28-032-20- 24-0002). An aerial image of the property is provided in Figure 1. Site improvements will include the future construction of an approximate 1,500 square foot operation center which will provide office space, restroom facilities, and a welcome area for guests. An entry driveway and parking area will be constructed to facilitate site access. The proposed site improvements will be low impact and limited to a small portion of the property. BPF has commissioned a Forest Management Plan to guide our efforts in enhancing tree health, increasing biodiversity, and managing non-native species on the property. Under our management, the land will continue to function ecologically, providing watershed and viewshed protection, wildlife habitat and passage, and carbon sequestration. BPF aims to mitigate human impact on the forest as the number of 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 1 rig visitors will be limited, visitation will be restricted to the daytime by appointment, and guests will be guided along a mapped trail system. Figure 1. Project area boundary of the Scandia property under review. 3.0 Zoning Classification and Property Use On December 3, 2019, BPF representatives presented the project to the City of Scandia Planning Commission to establish the appropriate permitting pathway under which to process our Conditional Use Permit application. The subject property is zoned General Rural (GR). BPF's proposed use is not contemplated in the City of Scandia's Development Code and therefore not explicitly listed as a conditionally permitted use in General Rural zoning districts. Upon careful review, the Planning Commission determined that BPF's proposed use is most consistent with that of a Cemetery and therefore will be processed as such. It is important to note that while we may be considered a cemetery for zoning purposes, BPF has no plans to, nor will allow, the practice of traditional or green burials on our properties. BPF only permits the spreading of cremains and no other form of human remains dispersal will be permitted. We will limit this through our rules and regulations and through a partnership with a land trust for a future conservation easement on the 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rig property. We hope to communicate this nuance clearly to the public and would prefer that our business be described as a "memorial forest" rather than a cemetery to prevent misinterpretation. 4.0 Regulations Regarding Spreading of Cremated Remains Minn. Stat. Ann. § 307.08(13)(g) defines a "cemetery" as "a discrete location that is known to contain or intended to be used for the interment of human remains". The word "interment" is standardly defined as "the burial of a corpse in a grave or tomb" which does not describe BPF's proposed use. The concept of a "cemetery" as used in Minnesota statutes does not contemplate a conservation memorial forest. Minnesota law does contemplate scattering cremated remains outside a dedicated cemetery. "'Scattering' means the authorized dispersal of hydrolyzed or cremated remains in a defined area of a dedicated cemetery or in areas where no local prohibition exists provided that the hydrolyzed or cremated remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the hydrolyzed or cremated remains has obtained written permission of the property owner or governing agency to scatter on the property" (Minn. Stat. Ann. § 149A.02(37c). BPF will need to ensure that its contract in Minnesota expressly gives permission for cremated remains to be commingled. BPF's counsel reached out to the Minnesota Department of Health, Mortuary Science Section to confirm our reading of the statutes. As of the date of this report, no official response has been received. 5.0 Proposed Improvements The development plan proposed in this application includes the construction of an entry driveway, a parking area with approximately 20 parking spaces (including at least two ADA -accessible spaces), and an approximate 1,500 square foot operation facility. This operation center will function as a gathering place for families, containing sitting rooms, equipment and storage areas, employee offices, and restrooms. No food preparation will occur in the operation center. The attached Site Plan includes a footprint for a conceptual building. Detailed drawings of conceptual building designs from a Better Place Forests project in California are also attached. BPF has not engaged a building architect at this phase and plans to do so in preparation of a building permit application. No overnight accommodations are proposed, as the property will be open for day use only as described below in Section 8.0 Program Statement. The proposed development is designed to minimize environmental disturbance. The operation center and parking area are proposed along a pre-existing natural pathway. The proposed driveway follows the existing routing and adheres to all fire access requirements as detailed in the attached Site Plan. The driveway is 20 feet wide and the entry is well over the required 200 feet setback from the intersection of Lakamaga Trail North and Meadow Ridge Lane. The proposed building area is setback over 200 feet from the nearest neighboring property boundaries. The building site was selected and the building layout designed in such a way that minimal tree removal will be required. We plan to install a new well and septic system that will meet the City of Scandia and Washington County requirements. ADA accessibility is a significant consideration for Better Place Forests and our customers. Although all forest trails cannot be made "accessible" given the topography of the natural environment, we have planned for ADA accessibility to the operation center and surrounding areas. We also plan to utilize a small all -terrain vehicle that can transport people with limited mobility to various areas of the forest along the existing trail systems to provide guests with limited mobility an experience comparable to all other visitors. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rig 6.0 Forest Management Plan BPF plans to manage the property to promote a healthy forest ecosystem as detailed in the attached Forest Management Plan. Management will include selective thinning to restore and enhance existing trees and the eradication of invasive species. Through proper management, BPF intends to protect the forest and reduce the risk of disease, pests, and wildfire. All forest management will be directed by an accredited forester or arborist. Implementation of the Forest Management Plan will be an ongoing process, with initial steps including selective thinning, invasive species eradication, and pest management. These items will be rolled out in phases across the 112 -acre property. Due to the size of the property and accumulation of deferred maintenance, it is infeasible to complete a thoughtful management plan in one season. Implementation will occur each year in new zones of the forest to ensure long-term forest health. 7.0 Wetland Determination Due to scheduling constraints and local seasonality, it was not feasible to complete a full wetland delineation for this application package. As recommended by Jay Riggs, District Manager of Washington Conservation District, we have included the attached (7) Preliminary Wetland Locations. This wetland determination was generated by a team of biologists at Midwest Natural Resources (MNR). We have a signed agreement with MNR to perform a full wetland delineation of the property and accompanying report as soon as the growing season begins and plan to share this study with the city upon completion. We understand that wetlands are a valuable ecological resource to the region and will implement a plan for total avoidance of wetland disturbance throughout our development and ongoing operations. 8.0 Program Statement Once improvements are completed, the property will be open to visitors during select daytime hours. Depending on seasonality, and the number of pre -scheduled visits, the forest will receive guests from a minimum of two days a week to a maximum of seven. A Better Place Forests Forest Steward will be present during all public operating hours. BPF plans to employ a minimum staff of three full-time Forest Stewards who will rotate working schedules throughout the week. Once physical site improvements are completed, BPF anticipates daily visitation to be limited, with a maximum of 20 vehicles on site at any time. Experience shows that the majority of visitors arrive at our properties in small groups with most of them carpooling with two to four people per vehicle. Due to family carpooling, the site is likely to experience limited traffic with an average of 22 cars or fewer visiting on weekend days. Further estimates of site visitation are included in the attached Traffic Analysis. People will visit the forest for multiple reasons, including tree selection, memorial ceremonies to rest the cremains of a loved one, walking the trails, or visiting trees dedicated to family and friends. We aim to comfortably host visitors while preserving the natural state of the forest. All visitation to the site will be on an appointment -only basis. This allows BPF to limit the volume of visitors on a daily basis, minimizing human impact, and creating as peaceful as possible experience for guests. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 4 rig Memorial ceremonies are typically limited to close friends and family members only and are not intended to function as large funeral gatherings. Prior to the ceremony, a BPF Forest Steward mixes the cremated remains with local soil at a ratio determined by an independent third -party geologist to ensure the cremains are not visually distinguishable in the mixture and to limit any adverse environmental impacts. Cremains will never be spread within the active bed or banks of any watercourse or in wetland habitats and 50 -foot buffers shall be observed adjacent to watercourses. As part of our application, we have included a memo prepared by a certified soil scientist at WSB Engineering outlining the limited effects a 3:1 soil to cremains mixture may have on the local soil, groundwater, and ecosystem. 9.0 Conformance with General Criteria for Conditional Use Permit The proposed use conforms with the General Criteria for a Conditional Use Permit as defined in Chapter One, Section 8.4 of the City of Scandia's Development Code as follows: (1) The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan. Please see Section 10.0 Compliance to the City of Scandia's Comprehensive Plan. (2) 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 public health, safety, morals or comfort. The establishment, maintenance, and operation of the proposed use will promote and enhance public welfare by preserving a natural local landscape, maintaining a variety of ecological features. The proposed use does not pose any threats to public health, safety, morals, or comfort. (3) 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. BPF will avoid and mitigate any negative impacts to neighboring properties through a variety of practices, so none can be anticipated. The proposed site improvements will be small in scale and set back appropriately from property lines, having negligible impacts on surrounding areas. The remainder of the property will remain primarily undeveloped and BPF plans to work with a local land trust to hold a conservation easement on the property. For these reasons, the proposed use is anticipated to be both complementary and compatible with surrounding land uses. (4) 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 is a non -intensive land use which will not impede the development and improvements on surrounding properties. (5) Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. An on-site well and septic system will be introduced to accommodate site operations. No food preparation will occur on site and drinking water will be provided by well water or water coolers. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rig (6) The conditional use shall conform to the applicable regulations of the district in which it is located. The proposed use conforms with all applicable regulations of the General Rural District (GR) as defined by Chapter Two, Section 2.6 of the Development Code. "Cemetery" is a conditionally permitted use within this district. All applicable lot area and setback requirements will be observed. (7) The conditional use complies with the general and specific performance standards as specified by Chapter One, Section 8. Please see Section 11.0 Conformance with Performance Standards. 10.0 Compliance to the City of Scandia's Comprehensive Plan The proposed use is consistent and conforms with the goals and objectives of the City of Scandia Comprehensive Plan. A detailed review of this project's compliance with several of the Plan's goals are as follows: Land Use Goals Conduct development in a manner that is sensitive to The proposed project includes limited development the impact upon natural features and to environmental and minimal disturbance of the property and constraints, including but not limited to scenic views, natural features. The majority of the site's natural surface water, wetlands, slopes, woodlands, vegetation, resources and open spaces will be preserved and drainage ways, shorelands, and flood plain areas. remain undeveloped. Explore programs and development concepts that The proposed project presents a unique encourage creative methods to preserve rural opportunity to diversify conservation efforts in character and natural resources. Scand ia. Natural Resources Goals Preserve high quality natural areas. The property is located within an area identified by Washington County as a Top 10 Priority Conservation Area. BPF plans to work with a local land trust to hold a conservation easement on the property, protecting it in perpetuity. Eliminate, reduce or mitigate the negative effects of BPF will engage a local licensed forester to create a invasive species on natural areas Forest Management Plan which will be implemented on an ongoing basis by BPF staff. This work will include efforts to combat invasive species on the property. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rl rig Economic Competitiveness Goals Promote appropriately -sized new businesses that The proposed project presents a unique business create synergy with existing businesses and venture which will expand and diversify the city's overarching goals. current economy while also preserving natural resources. Forest Stewards will be local residents and will draw people to the City of Scandia that otherwise may not visit. 11.0 Conformance with Performance Standards The proposed use conforms with the Performance Standards for a Conditional Use Permit as defined in Chapter One, Section 8.5 of the City of Scandia's Development Code as follows: (1) The use and site in question shall be capable of supporting the wastewater disposal needs of the proposed use and shall meet all applicable standards and regulations necessary to protect public health and to protect surface and groundwater resources. BPF has commissioned a septic designer to ensure that development will be in compliance with all applicable wastewater standards. No negative impacts to public health or water resources will occur. (2) Adequate parking shall be provided, and the site design for access, circulation, parking and loading areas shall minimize internal and external traffic conflicts. BPF will provide adequate parking to prevent overflow onto neighboring roadways. Traffic to and from the site will be minimal, so no significant operational impacts are anticipated. (3) An adequate pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. No formal pedestrian circulation system is proposed. A network of pedestrian trails will be utilized throughout the property. These walking trails will be distanced from vehicular areas, mitigating any risk of encroachment. (4) All landscaping, screening, woodland, and tree preservation requirements shall be met. BPF has commissioned a landscape architect to ensure that our development will be in compliance with all applicable landscaping standards. (5) All exterior lighting shall be so directed as to not cast glare toward or onto the public right-of-way or neighboring property and be in compliance with all city lighting requirements. Because our site will operate during daytime hours, BPF does not anticipate the use of exterior lighting. If exterior lighting is proposed in the future, BPF will ensure compliance with all city lighting requirements. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rig (6) Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be provided to ensure compliance with the city's noise ordinance. Due to the low -intensity nature of our business operations, it is not anticipated that our project will generate any significant noise beyond that expected from initial site construction. Our construction phase will be short-term, limited to daytime hours, and utilize industry -standard best practices to mitigate noise and ensure compliance with the city's noise ordinance. (7) The site drainage system shall meet all applicable standards for management of water quality and water quantity. BPF has commissioned a civil engineer to ensure that our development will be in compliance with all applicable drainage requirements. Please see the attached (7) Stormwater Management Memo and Worksheet. (8) The architectural appearance and functional design of non-residential buildings and sites shall be in harmony with the Scandia Architectural Design Guidelines and with the character of the surrounding buildings and sites. BPF will commission an architect for our building permit to ensure our building concept will be in compliance with the Scandia Architectural Design Guidelines. (9) All signs and informational or visual communication devices shall be in compliance with applicable regulations. As part of our application package, BPF has provided a signage plan to demonstrate our compliance with this standard. (10) The use and site shall be in compliance with any federal or state laws or regulations which are applicable and any other required permits are obtained and documented to the city. Prior to the development of the site, BPF will ensure any necessary federal or state permits that are required are obtained and shared with the city. (11) Any applicable business licenses that may be mandated by city ordinance are approved and obtained. Upon receiving an approved CUP, BPF will apply for any applicable business licenses that are required by the city. (12) The hours of operation may be restricted when there is potential negative impact upon the surrounding area or neighboring uses. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 8 rig No negative impacts to the surrounding area or neighboring uses are expected, so hourly restrictions should not be necessary. (13) Any costs that may be incurred by the city to monitor compliance with the conditions of the Conditional Use Permit shall be paid by the applicant and/or owner of the property. BPF accepts responsibility for any costs that may be incurred pursuant to this performance standard. 12.0 Community Outreach Community engagement is a cornerstone of Better Place Forests' business model. We actively seek input from the community to inform our decision-making process. As part of implementing what we consider "Real Estate Best Practices", we commit to holding a community meeting to introduce ourselves to our neighbors, discuss our project and hear input from the various stakeholders. Prior to the public hearing, BPF plans to hold a community meeting for the neighbors and interested community members in the immediate vicinity of our property to discuss the project. This will allow any comments or ideas generated by neighbors to be included in our business model prior to the public hearing. Due to the current COVID-19 outbreak, BPF is uncertain whether it will be possible to hold an in-person meeting for neighbors within the timeframe of our application process. BPF had reserved the Scandia Community Center for a neighbor meeting on March 27, 2020, however shortly thereafter the outbreak of the pandemic escalated and we were forced to postpone the meeting. Depending on the duration of shelter in place policies, BPF plans to hold a community meeting prior to the public hearing. If this is not feasible, BPF will do independent outreach to all neighbors within 1,320 feet of the property boundary in addition to the required noticing of the public hearing. Separately, we received multiple support letters from the neighbors in the community of our first forest in Point Arena which are included in the attached Customer Testimonials and Neighbor Letters. It has been a pleasure to establish our first location there, and incredibly meaningful to have such strong support within the local community. We plan to extend this positive relationship and approach to our neighbors and the local community in Scandia. 13.0 Benefits to the City of Scandia Cremation rates are at 62% in Minnesota and rising, with more than 80% of baby boomers planning to choose cremation at the end of their lives nationwide. In Scandia, 42% of the population is over the age of 55 and there are extremely limited (legal) end of life memorial options. Our project will provide an affordable, beautiful, and protected resting place for Scandia's local population, their families, and future generations to come. Our project will also provide an economic benefit to the greater region as we plan to hire three to six full time Forest Stewards from within the region for this project and spend several million dollars with numerous local consultants and contractors for the design, construction, maintenance and operations of the property. Our Forest Steward roles would provide an exciting opportunity to retain local talent in Scandia and integrate our site with the local community. Our customers will also increase commerce at local businesses, restaurants, and accommodations in the surrounding community. 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 rig 14.0 Closing Statement We are encouraged by the feedback we received from the City of Scandia in their pre -application review worksheet and in various correspondence with city staff. We are very excited by the prospect of a Better Place Forest in Scandia and respectfully request a conditional use permit for this purpose. If there is any additional information staff may need to process this request, please do not hesitate to reach out at any time. Sincerely, Liam McNally Land Specialist 801712 2607 I iamObetterDlaceforests.com BETTER PLACE # FORESTS Gia DeBartolo Land Analyst 630 2721013 giaC@betterDlaceforests.com BETTER PLACE J* FORESTS 3717 Buchanan Street, Suite 400, San Francisco, CA 94123 10