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HomeMy WebLinkAbout2010-10-20 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10120/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider amending the zoning ordinance to allow columbariums as a conditonal use in agricultural and residential zoning districts. 2. Consider authorizing the publication of this zoning ordinance amendment by title and summary. 1. Adopt the zoning ordinance amendment to allow columbariums as a conditional use in agricultural and residential zoning districts. 2. Adopt the resolution authorizing the publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE ® PLANNING 9/27/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV, AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ,❑ MEMO /LETTER: Memo from John McCool dated 10,15/10 ® RESOLUTION: Draft ❑ ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: Excerpt from 9127/10 Planning Commission Minutes CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool. Senior Planner DATE: October 15, 2010 RE: Proposed Zoning Ordinance Amendment — Columbariums • • • The City has initiated an amendment to the City Zoning Ordinance that allows columbariums as a conditional use in various agricultural and residential zoning districts. The Planning Commission held a public hearing at their regular meeting on September 27, 2010. Pastor Jules Erickson from All Saints Lutheran Church supported the proposed ordinance amendment and briefly explained their columbarium project. The Commission discussed the im- portance of a written document that addresses the policies and operating rules for the church's columbarium. The Commission unanimously (8 -to -0 vote) recommended that this proposed zoning ordinance amendment be approved. It was noted that the proposed ordinance requires a detailed site plan showing the location of the columbarium, landscaping plan, a copy of the ap- plicant's policies and operating rules, and details of the columbarium to be submitted by the proposer. The Planning Commission will hold a public hearing on each future application and make a recommendation to the City Council for the final decision. A copy of the ordinance amendment as recommended by the Planning Commission and an excerpt from the Planning Commission's unapproved minutes are attached. All Saints Lutheran Church filed an application to amend the City Code to allow columbariums in various zoning districts. The Church is contemplating constructing a columbarium on their prop- erty at 8100 Belden Boulevard and has approved a design for the columbarium. An article was published in the September 16, 2010 issue of the South Washington County Bulletin about their columbarium proposal. A copy of this article is attached. A columbarium is usually a brick or stone structure (indoor or outdoor) with niches in which urns containing ashes from deceased persons are inurned. They can be part of an interior wall of a church building (usually in the worship space) or constructed in the churchyard. They are designed in various shapes and sizes. The name of the deceased is usually inscribed into the face of the front panel. Two examples of an outdoor columbarium are shown below. Honorable Mayor, City Council, and Ryan Schroeder Zoning Ordinance Amendment - Columbariums October 15, 2010 Page 2 of 2 Discussion Columbarium is not a use listed in the Zoning Ordinance, but is a similar use as cemeteries, which are permitted through the conditional use process. The proposed ordinance amendment includes a definition for cemetery and columbarium and will allow columbariums in all agricultural and resi- dential zoning districts. The space required to build a columbarium at a religious institution may have certain site im- pacts (e.g., parking, lighting, visiting hours, etc.). These potential impacts are similar to those associated with religious institutions and can be avoided through the discretionary review process. The location, size, capacity, appearance, and coverage of a project can be limited based on site characteristics, needs of the applicant, and concerns of the surrounding com- munity. Other information to be considered is the applicant's policies and operating rules for the colum- barium. Aside from conventional rules that ensure that the procedures for inurnment and memo- rializing are carried out in an orderly and consistent manner, their policies should address liability issues caused by malicious mischief, vandals, thieves, unavoidable accidents, weather, civil disturbances, or by natural elements. A record listing all inurnments must be maintained by the applicant. The applicant's policies must include information or plan in the event that the church disbands, decides to move, or relocates the columbarium. The city attorney researched this topic and reported that the provisions of Minnesota Statutes, Chapter 306, Public Cemeteries, also apply to columbariums. The attorney suggested that the trustees should have a plan and consider using a purchase contract that describes what will happen if the church or columbarium ever need to be relocated or if the church disbands. 1. That the City Council amend the Zoning Ordinance regulations to allow columbariums as a conditional use in agricultural and residential zoning districts; and 2. Adopt a resolution authorizing the publication of this Zoning Ordinance amendment by title and summary. ORDINANCE 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING 4 TITLE 11, CHAPTER 9 OF THE CITY CODES TO ALLOW COLUMBARIUMS AS A 5 CONDITIONAL USE IN CERTAIN ZONING DISTRICTS 6 7 8 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 9 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 1, Section 10 3, Rules of Word Construction; Definitions by adding cemetery and columbarium definitions to 11 read as follows: 12 13 11 -1 -3: Rules of Word Construction; Definitions: 14 15 Ceme tery; A parcel or tract of land used or _intended t o be used as the final resting plac of 16 the dead. i ncl -udin b urial grounds and mausoleums. 17 - -- 18 Colu mbari , — A place such as a vault for the_re_s and usually public storage of 19 cremated hu a n remains within cinerary urns. Columb to places of 20 assembly for worship. cemeteries or mausoleums. 22 23 SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of 24 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 8A, Section 25 4, Subsection 1 to read as follows: 26 27 11 -8A -4: CONDITIONAL USES: 28 29 1.. r'hurGhes Reliaious institutions and columbariums 30 31 32 SECTION 3. AMENDMENT "The Code of the City of Cottage Grove, County of 33 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 9A, Section 34 4, Subsection 3 to read as follows: 35 36 11 -9A -4: CONDITIONAL USES: 37 38 3. Churches Religious ins titutio ns and columbariums including those related structures 39 located on the same site which are an integral part of the church proper; convents or homes 40 related to a religious function on the same site; provided, that no more than ten (10) persons 41 shall reside on the site, and no building shall be located within fifty (50) feet of any lot line. 42 43 44 SECTION 4. AMENDMENT "The Code of the City of Cottage Grove, County of 45 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 913, Section 46 4, Subsection 2 to read as follows: 47 48 11-913-4: CONDITIONAL USES: 49 50 2. Churches Religious_ institution and columbariums, including those related structures Page 1 1 located on the same site which are an integral part of the church proper; convents or homes 2 related to a religious function on the same site; provided, that no more than ten (10) persons 3 shall reside on the site, and no building shall be located within fifty (50) feet of any lot line. 4 5 6 SECTION 5. AMENDMENT "The Code of the City of Cottage Grove, County of 7 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 9C, Section 8 4, Subsection 2 to read as follows: 9 10 11 -9C -4: CONDITIONAL USES: 11 12 1. Ohurelhes R eligious institution an columbariums including those related structures 13 located on the same site which are an integral part of the church proper; convents or homes 14 related to a religious function on the same site; provided, that no building shall be located 15 within fifty (50) feet of any lot line. 16 17 18 SECTION 6. AMENDMENT 'The Code of the City of Cottage Grove, County of 19 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 9D, Section 20 4, Subsection 3 to read as follows: 21 22 11 -913-4: CONDITIONAL USES: 23 24 3. Churches R eliaio_u s i nstitutions and columbariums including those related structures 25 located on the same site which are an integral part of the church proper; convents or homes 26 related to a religious function on the same site; provided, that no more than ten (10) persons 27 shall reside on the site, and no building shall be located within fifty (50) feet of any lot line. 28 29 30 SECTION 7. AMENDMENT "The Code of the City of Cottage Grove, County of 31 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 9H, Section 32 4, Subsection 1 to read as follows: 33 34 11 -91-11-4: CONDITIONAL USES: 35 36 1. C,huFGhes Religious institutions and colum including those related structures 37 located on the same site which are an integral part of the church proper; convents or homes 38 related to a religious function on the same site; provided, that no building shall be located 39 within fifty (50) feet of any lot line. 40 41 42 SECTION 8. AMENDMENT "The Code of the City of Cottage Grove, County of 43 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 91, Section 44 2, Table 1, Principal, Accessory, and Conditional Uses Permitted in Zones by adding 45 columbariums as follows: 46 47 Cemeteries and columbariums 49 Page 2 2 3 4 5 6 7 8 9 10 11 Section 9. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this day of 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. Page 3 WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Title 11 -1 -3; Title 11 -8A -4, Subsection 1; Title 11 -9A -4, Subsection 3; Title 11 -913-4, Subsection 2; Title 11 -9C -4, Subsection 2; Title 11 -9D -4, Subsection 3; Title 11- 9H-4, Subsection 1; and Title 11 -91 -2, Section 2, Table 1, to allow columbariums as a conditional use in certain zoning districts; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 11, Chapters 1, 8A, 9A, 913, 9C, 9D, 9H, and 9H, to allow columbariums as a conditional use in certain agricultural and residential zoning districts. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 20th day of October 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk 6.1 Columbarium Text Amendment —Case TA10 -023 All Saints Lutheran Church has applied for a zoning text amendment to allow outdoor columbaria, a structure with small recesses for the placement of urns containing cre- mated remains, as a conditional use in residential zoning districts where cemeteries are allowed. McCool summarized the staff report. He stated that the draft resolution does not contain a definition of columbarium and proposed incorporating the following definition into the ordin- ance: "A place such as a vault for the respectful and usual public storage of cremated human remains within cinerary urns. Columbaria are accessory to places of assembly for worship, cemeteries, or mausoleums." He recommended approval of the proposed text amendment with the addition of the definition of columbarium. Messick asked if the defini- tion would be added to Title 11 -1 -3. McCool responded yes. Messick asked about the process for amending the city code by adding the proposed definition. McCool explained that the recommendation for approval or deny would include the definition of columbarium in the text amendment. Linse asked if the city would become responsible for maintaining the columbaria and urns if the church becomes defunct. McCool responded that as part of the conditional use permit application process, those policies that would be reviewed and that would not be the city's responsibility. Messick opened the public hearing. Jules Erickson, Senior Pastor at All Saints Lutheran Church, 8100 Belden Boulevard South, clarified the policy question noting that according to the company that they are working with, columbaria are movable objects. She stated that she has talked with the two cemete- ries in the area (Old Cottage and Newport), and both stated that they could take the colum- baria in the event the church would be dismantled. Rambacher asked how many urns are in these columbaria. Erickson responded that the one they are looking at has 72 niches which can each hold two urns. Rostad asked if they foresee having multiple columbaria on their site. Erickson responded that if they filled the entire columbarium, they could develop outside reservoirs. She stated that over 50 percent of the people she has had the privilege to escort to the gates are cremations. Linse asked how tall the columbarium would be at All Saints. Erickson responded 48 to 52 inches tall. Pearson noted that there was space for two urns in each niche. Erickson stated that two singles could go together, a married couple could go together, a son and father could share a space, or other combinations. She stated that all of these would have to be prepaid in order for them to go forward with it. She thanked the Commission for considering this proposal. No one else spoke. Messick closed the public hearing. Willhite made a motion to recommend approval of the text amendment allowing colubaria, including the definition of columbarium as proposed. Linse asked for clarification on when the Planning Commission would determine size, height, and location requirements. McCool responded when applications are received. Rostad seconded. Motion passed unanimously (8 -to -0 vote).