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08.b1a Resolution No. 2020-23 CUP on Better Place Forests Final as CC approved 7-1-20CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 2020-23 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, Better Place Forests, Corp. made an application for a Conditional Use Permit to establish a conservation 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 conservation 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. The majority of 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 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 prescribed by the forest management plan and 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: 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. Construction equipment and material trucking shall avoid Maxwill Avenue due to its condition. 4. The driveway shall be designed as follows: 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. 0 . , t -LA L- - Christine Maefsky, Mayor ATTEST: wjk"'v-v-- Ken Cammil i, City Administrator Attachment A Legal Description of the Property Real property in the City of Scandia, County of Washington, State of Minnesota, described as follows: Parcel 1: (21.032.20.33.0004) Government Lot 5, Section 21, Township 32 N, Range 20 W, EXCLUDING therefrom that part of Government Lot 5 in Section 21, Township 32 N, Range 20 W, Washington County, Minnesota, described as follows: Beginning at the southwest corner of Section 21; thence easterly along the south line of Section 21, a distance of 800', thence northerly, parallel with the west line of Section 21, a distance of 300'; thence westerly parallel with the south line of Section 21, a distance of 800' to the west line of Section 21; thence southerly along the west line a distance of 300' to the point of beginning; EXCEPT that part platted as Woodland Valleys, Washington County, Minnesota. Abstract Property Parcel 2:(28.032.20.12.003) Those parts of Government Lots 1 and 2, of the SE 1/4 of the NW 1/4, and of the SW 1/4 of the NE 1/4, all in Section 28, Township 32 N, Range 20 W, Washington County, Minnesota described jointly as follows: Beginning at the southeast corner of said Government Lot 1; thence westerly along the south line of said Government lot 1, a distance of 250'; thence northerly, parallel with the east line of said Government Lot 1 to the south shore of Fish Lake; thence northwesterly along the southwesterly shore of said Fish Lake to the north line of said Section 28; thence westerly along the north line to the east line of the west 24 rods of said Government Lot 2; thence southerly along with east line and the east line of the west 24 rods of said SE 1/4 of the NW 1/4 to the center line of Lakamaga Trail north; thence easterly along said center line to the east line of said SW 1/4 of the NE 1/4; thence northerly along the east line to the point of beginning; Except Those parts of Government Lots 1 and 2, the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described jointly as follows: Commencing at the East Quarter corner of said Section 28, thence North 53 degrees 58 minutes 27 seconds West, (based on the east line of the Northeast Quarter of said Section 28 having an assumed bearing North 00 degrees 05 minutes 30 seconds West) a distance of 3337 feet, to the hereinafter referred to "Point A"; thence South 89 degrees 30 minutes 26 seconds East to the southwesterly shoreline of Fish Lake and the point of beginning; thence North 89 degrees 30 minutes 26 seconds West retracing the last call, to said Point A", thence South 32 degrees 08 minutes 28 seconds West 286.36 feet; thence South 0 degrees 30 minutes 29 seconds West 386.43 feet; thence South 27 degrees 10 minutes 28 seconds East to the center line of Lakamaga Trail North; thence easterly along said center line to the east line of said Southwest Quarter of the Northeast Quarter; thence north along said east line of the Southwest Quarter of the Northeast Quarter to the southeast corner of said Government Lot 1; thence westerly along the south line of said Government Lot 1 a distance of 250.00 feet; thence northerly parallel with the east line of Government Lot 1, to the southwesterly shoreline of Fish Lake; thence northwesterly along said southwesterly shore line to the point of beginning. Abstract Property Parcel 3:(28.032.20.22.0001) The east 20 rods of the NW 1/4 of the NW 1/4 of Section 28, Township 32 N, Range 20 W, Washington County, Minnesota. Abstract Property Parcel 4:(28.032.20.21.0001) The west 24 rods of Lot 2 of Section 28, Township 32 N, Range 20 W, Washington County, Minnesota. Abstract Property Parcel 5:(28.032.20.24.0002) The west 24 rods of all that part of the SE 1/4 of the NW 1/4 of Section 28, Township 32 N, Range 20 W, Washington County, Minnesota, lying north of the public highway now running over and across said tract.