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HomeMy WebLinkAbout5. Zoning Ordinance Text Amendment - Cemeteries � �r City of Rosemount Executive Summary for Action City Couacil Meeting Date: Julv 5, 1994 Agenda Item: Zoning Ordinance Text Ageada Section: Amendment - Cemeteries PUBLIC HEARING Prepared By: Richard Pearson Agenda Assistant Planner ��� � + '��' Attachments: Public Notice; Draft Zoning Approved By: Ordinance. On June 14, 1994 the Planning Commission passed a motion to recommend this zoning ordinance text amendment that will permit cemeteries in the Public/Quasi-Public Zoning District. The proposal for this amendment originated with the Islamic Community of Minnesota when they intended to acquire fifteen acres of land east of Rosemount Woods for development as a cemetery. Due to other considerations, the Islamic Community withdrew their proposal for acquisition of property in Rosemount. However, because staff had completed work on the text amendment it was decided to complete the amendment to facilitate future cemetery development proposals . The attached ordinance includes standards for the development of cemeteries. . Recommended Action: MOTION to adopt AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE that establishes conditions for cemeteries as a permitted use in the City of Rosemount. City Council Action: 7-05-94.002 w � .;�;' �a�a"`�'";�';', . . . . . . . ��,' �� C 1 TY O F RO S E M O U N T z875 C145th SAtreet West �.�� P.O.Box 510 Ever Thin s Comin U ROSet7lOurlt!! Rosemount,MN y 9� 9 /� 55068-0510 ' �" � Phone:612-423-4411 ' "�'��= �"� � � � Fax:61�2-423-5203 � Public Notice TEXT AMEI�TDMENT TO CTTY OF ROSEMOUNT ZONING ORDINANCE (Cemeteries) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the item listed below on Tuesday, July 5, 1994 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The putpose of this hearing is to consider a te�t amendment to Ordinance B - Ciry of Rosemount Zoning Ordinance to permit development of cemeteries within the City of Rosemount creating minimum standards and establishing criteria and conditions for approval in the Public and Quasi-Public District. A copy of the proposed amendment is available for review and comment at City Hall located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m., Monda.y through Friday. Persons wishing to speak on the proposed amendment are invited to"attend this public hearing on Tuesdav, Tuly 5. 1994 at 8:00 p.m. Formai written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the Planning Department. Dated this 21 st day of June, 1994. � � _ ' l %•' � - , ,�,���. Sus M. Wa1sh ity Clerk City of Rosem unt Dakota County, Minnesota � � �;�r�,�,�,��.��,�, �:onrimm¢30"�. :.n:.�unsum.v nr.Ven�k. � t City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ROSEMOUNI', MINNESOTA ORDAINS AS FOLLOWS: SECTIo1v I. Section 3.2 DEFIMTIONS Of OTllltll[�tCC B - City of Rosemount Zoning Ordinance is amended to include: Cemeterv A parcel of land intended for the burial of human dead. A marker or memorial is erected at each gravesite for permanent remembrance of the deceased. Cemeteries may include columbariums, crematories, mausoleums, morivaries, and chapels when operated in conjunction with and within the boundary of such cemetery. Columbarium A building or structura designed with niches for the location of urns to hold the ashes of cremated persons. Crematorium/Crematorv Where bodies are consumed by incineration and the ashes of the deceased are collected for permanent burial or storage in urns. Funeral I�ome A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for prepazation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A funeral home may include family living quarters for the funeral director/owner. Mausoleum A building or structure designed with vaults to hold many caskets or crematory urns. The size of a mausoleum could range from an elaborate grave marker for a single burial to a building erected to house entire families as an alternative to family grave plots. Memorial Park A cemetery developed with gravesite monuments that are flush with the ground surface. Mortuarv An establishment with facilities for preparation of the deceased for burial but not for cremation, for the viewing of the deceased and for funerals. SECTION II. Section 6.17 P PUBLIC AND INSTITUTIONAL DISTRICT of Ordinance B - City of Rosemount Zoning Ordinance is amended to include: C. Uses Permitted by Planned Unit Development fPUD) 1. Cemeteries. SECTION III. Section 14 ADiVIINISTRATION AND ENFORCEMENT of Ordinance B - City of Rosemount Zoning Ordinance is amended to include: CEMETERIES: A. A�plication, Public Hearing, Notice. and Procedure: The application, public heazing, public notice, and procedure requirements for cemeteries shall be the same as for Planned Unit Development (PUD)as provided in Section 12 of this Ordinance. At the time of plat approval, a security in the form of a performance bond, letter of credit or other such form as deemed necessary to secure the landscape improvements and perpetual maintenance for the platted portion of the cemetery will be required. July 5, 1994 Page 1 of 2 ! . . . . . . . . . l. All cemeteries must be platted so that each gravesite will have a lot and block number. 2. Cemeteries must have a minimum acreage size of five acres. 3. All gravesites must be setback a minimum of fifty (50) feet from any cemetery property boundary. 4. All gravesites must be setback a minimum of one hundred fifty (150) feet from any potable water we1L 5. No gravesite shall be located in a flood hazard area within a 500-year flood event boundary. 6. Any cemetery not completely enclosed by a secured fence after closing, nor staffed by on-site personnel during daylight hours sha11 be developed as a memorial park with no above ground gravesite markers. 7. All cemeteries must have planting strips or bufferyards adjacent to residential districts or uses, public uses and public rights-of way. In the absence of a planting strip along a property line, boulevard trees are required to be planted at fifty foot intervals. The interior of the cemetery must have a minimum of one tree per five thousand square feet to break up the large expanse of turf area. 8. All gravesites must be within two hundred (200) feet of interior access drives, if the cemetery is to be open to public access. All interior driveways must be paved in ' accordance with standards specified in Section$.l of the Zoning Ordinance. 9, All gravesites must have minimum direct frontage to a six (6) foot wide lane , containing no gravesites to provide access to gravesites for equipment. 'i 10. All burials must utilize a concrete vault to avoid risk of caue-ins, buried to a minimum � depth of six (6) feet so that no portion of the grave is above the frost line during winter months. 11. Cemeteries must have direct access to a collector or arterial street. 12. All cemetery development will require site plan review approval and will be subject to the conditions for grading permits as specified in Section 14.7 of the Zoning Ordinance. In addition, soil borings will be required to determine the depth of the water table and the soil structure appropriateness for burials. 13. All gravesites shall be setback a minimum of one hundred (100) feet from any wetland. SECTION IV. This ordinance shall be effective immediately upon its passage and publication according to law. Enacted and ordained into an Ordinance this da of 1994. Y , CITY OF ROSEMOUNT E.B. McMenomy, Mayor ATTEST: Susan M. walsh, City Clerk Published in the Rosemount Town Pages this day of , 1994. July 5, 1994 Page 2 of 2 ( � ' �,�� � �,�„ � � � �����m C I TY O F RO S E M O U N T z875 C145tHSAtreet West �;� � � � � � � � � � � � P.O.Box 510 � EVeI' thin s Comin U Rosemount!! Rosemou�t,MN y g� g p 55068-0510 � ' � Phone:612-423-4411 �� ° ,�,� �� �, _o `"� �e���e���� � � � � � Fax:612-423-SZ03 � Affidavit of Posted Hearing Notice � TEXT AMENDMENT TO ORDINANCE B - CITY OF , ROSEMOUNT ZONING ORDINANCE �'I (Cemeteries) '�, STATE OF MINNESOTA ) I',� COUNTY OF DAKOTA ) SS ' CITY OF ROSEMOUNT ) ', Susan M. Walsh, being first duly sworn, deposes and says: ' I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On June 24, 1994, acting on behalf of the said City, I posted at the City Fiall, 2875 145th Street West, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of a text amendment to Ordinance B - City of Rosemount Zoning Ordinance and regarding specific requirements for the permitting of cemeteries in the City of Rosemount as outlined in said notice. � .� '� -'�_:.�'? �% su M. w�s � City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn ta before me this �da of 1994. Y � Notary Public .�:��v�hnnrwv�+w�'w�' ■ . s�°'^e DQNNA L.4UIh1TUS ����� N(3TA.RY PUELiC-MiNNESOTA �'�� QAtCOTA CO!1NTY Miy Commi�sior Expires June 7�1999 x�n.w�nnnnA.��:.��nR.v.:.�s�nn�v�vwn�wx � v «e o�,�Y����a�, co taining 30,-� . . . p t-mnsun mareri.ils. � r � CITY OF ROSEMOU NT Za�S-`;TMt""eetWen P.O.Box 510 � ��� fVE'i" t1'111'1 S ��01711t1 U �ROS('1710U�tlt�� � �Rosemount,�MN � � y g� g p 55068-0510 � ���„��'� � � � � � � Phone:612-423-4411 ����' Fax:612-423-5203 Public Notice TEXT AMENDMENT TO CITY OF ROSEMOUNT ZONING ORDINANCE (Cemeteries) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the Ciry Council of the City of Rosemount will hold a public hearing to consider the item listed below on Tuesday, July 5, 1994 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.rn. or as soon thereafter as possible. The purpose of this hearing is to consider a teYt amendment to Ordinance B - City of Rosemount Zoning Ordinance to permit development of cemeteries within the City of Rosemount creating minimum standards and establishing criteria and conditions for approval in the Public and Quasi-Public District. A copy of the proposed amendment is available for review and comment at City Hall located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m., Monday through Frida.y. Persons wishing to speak on the proposed amendment are invited to attend this public hearing on Tuesday,_Tuly 5. 1994 at 8:00 p.m. Formal written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the Planning Department. Dated this 21st day of June, 1994. 1 i,F , , .� Sus M. Walsh ity Clerk Ciry of Rosem' unt Dakota County, Minnesota � � r, r�o�,���i�e�,�, . nninmg 30" r�onsumer ureriaLa. ;i ,,� ' Farmington Independent AFFIDAVIT OF PUBLICATION � Diane Berge, being duly swom, on oath says tbat she is an autl�orized agent and employee of[he publisher of the newspaper, known as Tlze Farmington Lutependent , and has full I�owledgc of the fac[s �vhich ttre City of Rosemount runn�rrou� P S[1ICC1 bC10W: TeuAmendmenteo (A)The newspaper has complied with all of tlie requirements constitu[in�� �1°������T��o�� qualification as a legal ne�vspaper, as provided by Minnesota Statues ��"�`� TO WHOM If MAY CONCE[tN: 331A.02,331A.07 and other applicable laws,as amended. (B)The printed� A Q.�,(.� '�(')-�}-�C.� "' C��y�p O a /4,p N01TCE IS HEREBY GNEN.t6e City Council of the m=�—•� Qty oP�Roecmaunt will Lo1d a poblic Leaziag to caasidec ' � . � . � � the itGm liatad below on Tueaday,July 5,�1994 in the . Council Cbambera of the aty Hall,2875 145W Street . � � � . Weat,Ue.ginuiug at 8:00 p.m.or as eoon thereafkr as � . . posa�bk. � � � � � . � which is attached was cut from the columns of said news a er and was '""°p°rP°°`°`m"h`e"°8"`°`°°�a"$""` � P P � �endme�a Omrimncs B-C'uy ojRaumowu Zo,ring printecl and published once each week for � (�-�-� o'd"""�°'°,��a�,�1°��°f°�°����m°u� Ciry of Roaemount creating minimum standarda and. � $UCCL'$S1Ve WCCZCS;it was fust published on Thursday���}1C ��� establis6ing criteria and conditiona for apptova�in the day of ��.��g_ ,..J.9�j_and was thereafter rinted and �°bh`��"�''�'"'�D1°"` Q� �P A�.�py of the proposed amendment is available For published on every Thursday, to and including Thursday, t�]C ��'�dcommentatCityHalllocamdat2875I45W Street Wea4 between�6e hoao of 7:30 a.m.w 4:OO�p.m., _� __day of _ , 19=; and printed ��u��,�a�. below is a copy of the lower case alphabet from A to Z, bokl� inclusir•e, �°OO�w�°O��O�°n th�°pz°pc�sed A�++���°� ' me intimd W altwd tLis public heming on T�•.Inro 5. which is hereby acl;nowledged as beinb t1�e size a�id }:ind of lype used in 1994 at 8:00 o.m.Formal wriUrn camme�a will aLto be accepted�prior to Wo meeUng dste.Ptease foswud all � the composition u�d publication of the notice: ���a��,,�a,u�p,,�ngn�p��. Daoed this 21 st day of Juoe.1994. abc'�:yNj:ltmopqr:t�.�xyz� . Sosau M.Wa1sh.City Ckrk By; �)C7./lR.- .��'I�PSL� a�x��m� , n��c� Hu�� �u Title: Administrator for the Publisher Subscribed and sworn to before me on this a� � day of - , 19 ���� � Notary Poblic AFFIDAVIT �'" . DEANtVF K El8ER7� �_+� � �u4:ary P�bl�C Mmn � " y�'+ DaKota C� �sr.ra ;� ' � �e. unry a• � i �Y'l,:Omm � Exp j-15._.a.c; d y°�