3. 2020-22 Better Place Forests LLC CUP Resolution1
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 2020-xx
APPROVING CONDITIONAL USE PERMIT FOR PARCELS 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
LOCATED ON LAKAMAGA TRAIL NORTH
WHEREAS, Liam McNally made an application for a Conditional Use Permit to
establish a conversation memorial forest on property along Lakamaga Trail North; and,
WHEREAS, the property is legally described in Attachment A to this Resolution; and,
WHEREAS, the Planning Commission reviewed the Applicant’s request for the
Conditional Use Permit (CUP) at a duly noticed Public Hearing on June 2, 2020, and
recommended unanimously that the City Council approve the CUP with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, MINNESOTA that the Council approves a Conditional Use Permit for a
conservation memorial forest on Lakamaga Trail for parcels legally described in Attachment A
to this Resolution, PID 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, based on the following findings:
1. The proposed use of the conservation memorial forest is forest management that will
allow for the scattering of ashes of the deceased at the bases of existing trees by families
and will provide those families a place of respite, meditation and quiet reflection when
visiting the resting place of a loved one.
2. The proposed use will retain and preserve a large area of land in its natural state. The
preservation of existing forest and natural lands promotes and enhances public welfare
and public health. The proposed use will not be detrimental to public safety, morals, or
comfort.
3. The proposed use has limited visual impacts. The conversation memorial forest will be
barely visible to neighbors and passersby and the overall landscape and vegetation on-site
will be largely untouched and unchanged as part of this use, apart from the addition of a
driveway, small approximately 20-car parking lot, and an approximately 1,500 square-
foot Welcome Center. As such, the proposed use does not diminish or impair the value of
neighboring properties.
4. The proposed use, which will largely preserve the land as it presently exists, will not
impede the normal and orderly development and improvement of surrounding properties
for permitted uses.
5. Small numbers of visitors will be on site at any one time. Visitation will be by
appointment. The Welcome Center will have water and sanitary facilities available for
visitors. Access to the site is provided by the addition of a driveway, which will connect
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with and access Lakamaga Trail North. Adequate public facilities and services are
available or can reasonably be provided on site, and the traffic impacts on Lakamaga
Trail North will be minimal.
6. The proposed use is consistent with the applicable regulations of the General Rural
zoning district. Cemeteries are allowed conditional uses in the General Rural zoning
district. The internment of human remains is not requested by the Applicant nor permitted
by the City, further minimizing the impact of the proposed use.
7. The parcels to which this CUP applies are partially located within the Shoreland Overlay
zoning district. The proposed use is permitted within the Shoreland Overlay as Forest
Management. There are no potential negative impacts to shoreland management as part
of this proposed use, which will ensure the site is maintained in its natural and now-
existing state. No natural vegetation will be removed from the site, apart from only what
is necessary to add the driveway, approximately 20-car parking lot, and the
approximately 1,500 square foot Welcome Center. Neither the parking lot nor the
Welcome Center will sit within the Shoreland Overlay zoning district. Section 5.3 of
Chapter 5 of the Scandia Development Code, Shoreland Management Regulations,
governs Forest Management Standards in the City.
8. The conditional use meets the general and specific performance standards of the
Development Code.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met by
the Applicant:
1. Prior to the City issuing final building permit, the Applicant shall secure and submit to
the City:
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; and,
h. A City-approved final Site Plan showing parking lot design and lighting.
2. Prior to site improvements and new trails commencing, the Applicant shall complete a
wetland delineation plan and provide the City proof of County approval of the plan.
3. Construction equipment and material trucking shall avoid Maxwill Avenue due to its
condition.
4. The driveway shall be designed as follows:
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a. The first 50 feet of driveway off of Lakamaga Trail North shall be bituminous
pavement to help prevent visiting vehicles from dragging gravel material onto
Lakamaga Trail North;
b. Radius of driveway apron onto Lakamaga Trail North shall be a minimum of 20
feet;
c. Width of driveway from right-of-way to Lakamaga Trail North shall be a
minimum of 24 feet;
d. Driveway location shall be determined from a field review to determine
appropriate sight distance during the driveway access permit process.
5. The Applicant shall comply with all local, state, and federal permits and requirements for
the new use on the parcels.
6. The Applicant shall pay all fees and escrow costs related to the application.
Adopted by the Scandia City Council this 1st day of July 2020.
___________________________________
Christine Maefsky, Mayor
ATTEST:
________________________________
Ken Cammilleri, City Administrator