CYM05-24

Request of Tivoli Cemetery Association for a Conditional Use Permit to allow for an expansion of the existing cemetery on the abutting North-facing property. The subject property is described as Tracts A and B, Section 25, Township 108, Range 26 West, Blue Earth County (59698 203rd Street, Blue Earth County PID R430925200008). 

Tivoli Cemetery Association are the applicants and property owners.

Request of Tivoli Cemetery Association for a Conditional Use Permit to allow for an expansion of the existing cemetery on the abutting North-facing property. The subject property is described as Tracts A and B, Section 25, Township 108, Range 26 West, Blue Earth County (59698 203rd Street, Blue Earth County PID R430925200008).

The subject property is described as a 1.87-acre Tracts A and B, Section 25, Township 108 North, Range 26 West, Blue Earth County (59698 203rd Street, Blue Earth County PID R430925200008).

The land consists of two parcels, R430925200008 and R4309252000016, consisting of 1.87 acres and 2.5 acres. The first parcel, ending in 0008, currently has the existing cemetery on the land and the second parcel, ending in 0016, will be used as the expanded cemetery.

The site is zoned Agricultural by the Mankato Township Zoning Ordinance.

There are environmentally sensitive areas in both parcels of land. There is an Archaeological site Ghost Town and a ravine showing on the environmental sensitive map for parcel R430925200008. The second most northern parcel (R4309252000016) and is the proposed extension for the cemetery showing an Archaeological site, Ghost Town. While the maps represent this as the location of a historic town, it does not appear to indicate any potential known barriers to the proposed development. 

Tivoli Cemetery Association is requesting a Conditional Use Permit to allow for an expansion of the existing cemetery on the abutting North-facing property.

The subject property is legally described as Tracts A and B, Section 25, Township 108 North, Range 26 West, Blue Earth County. The address is 59698 203rd Street, Blue Earth County PID R430925200008. It is located south of State Highway 83 and northwest of the Le Sueur River. The site is bordered by agriculturally zoned districts with mainly open land or farmland.

A previous plat for Tivoli Cemetery was completed in 1986 and shosw cemetery development plans that include gravesites and driveways for sections A and B.

The applicant is proposing to extend the current Tivoli cemetery lot which contains 1.87 acres (R430925200008) to the north parcel, which is a 2.5-acre parcel (R4309252000016). The plans submitted show a shared access point centrally located on the existing parcel ending in 0008; coming off of 203rd Street.

The subject site is located in the Agricultural District where Mankato Township Code section 0100.062 Agricultural Districts Uses Subpart 2. Conditional uses Part D states Cemeteries are a conditional use within the district.

The plans show a centrally located access point from 203^rd Street that continues northbound to the proposed additional lot. The submitted document depicts the driveway going through gravesites 3 and 21 on existing Lot A. The applicant has indicated gravesites 3 and 21 are not being utilized and have not been sold. A condition herein states Lot 3, 21, and any other impacted gravesites shall be removed from the plat.

The current and extended cemetery must comply with Blue Earth County ordinances surrounding wells, wetlands and septic systems. The applicant has indicated that there are no facilities proposed on the site, and so a sewage treatment system is not necessary. A condition has been added that if, in the future, plans include facilities which require sanitary systems, the applicant will need to request for a permit through Blue Earth County and shall adhere to county code standards for addressing sewage treatment systems.

Any future refuse and garbage disposal services on the property shall be conducted in accordance with Blue Earth County’s code (Chapter 16 Solid waste management) to create no health hazards, rodent, harborage, insect breeding areas, accidents or fire hazards, or air pollution.

Maintenance, updates, or changes to current signage shall adhere to the Mankato Township Ordinances found in Section 15. The applicant will be required to apply for a construction permit prior to the placement of any additional signage desired.

Currently, parking during events, visits, and funerals is available either along 203^rd Street or within the cemetery along the interior roads. This is the current arrangement and the applicant has indicated that with the expansion, the current parking arrangement will continue. While occasional increases in traffic may occur, it will be for a short period of time and should not create any traffic congestion or traffic hazards.

The landscaping of Tivoli Cemetery shall adhere to the standards listed in Section 100.1303 Performance Standards Subpart 1 landscaping standards. All required yards shall either be landscaped or be left in a natural state. Any areas left in a natural state shall be properly maintained in a well-kept condition.

Any exterior lighting shall be directed away from adjoining properties, according to Section 100.1303 Performance Standards subpart 5 Exterior lighting.
 

Staff respectfully submits the following findings of fact for the proposed Conditional Use Permit:

1. The proposed use conforms with the Township Land Use Plan. Cemeteries are considered conditional uses in the Agricultural District. The applicant is requesting to expand the existing cemetery use to the abutting property.
2. The applicant has demonstrated the need for the proposed use.
3. The proposed use will not degrade the water quality of the Township since there are no existing wells, septic systems, or wetlands within the proposed parcels.
4. The proposed use will not adversely increase the quantity of water runoff. There are no known adverse impacts from water runoff.
5. The soil conditions are adequate to accommodate the proposed use. There are no known soil issues with the current cemetery use.
6. The proposed use does not create a potential pollution hazard. There are no known pollution hazards with the proposal.
7. Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
8. Adequate measures have been taken by the applicant to continue to provide sufficient off-street parking and loading space to serve the cemetery during funerals, events, and visits.
9. The proposed conditional use permit is not proposed to increase traffic congestion or traffic hazards. With infrequent activity and the general nature of a cemetery, the expansion should not create traffic congestion or hazards.
10. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. The proposed use will be the same as the current; an extension of the current cemetery.
11. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses of agricultural and conservation districts in the area.
12. Adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance. The applicant will control any lighted signs and other lights in such a manner that does not cause a disturbance to neighboring properties.
13. Site-specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare have been established and are included herein.

Staff recommends approval of the conditional use permit to allow for an expansion of the existing cemetery with the following conditions:

1. A construction permit from Mankato Township shall be in place prior to the start of the work for the new access route.
2. The development of the cemetery shall be according to the submitted cemetery plat. Any changes shall be requested and submitted to the Mankato Township.
3. The applicable plat(s) shall be updated to remove gravesites number 3, 21, and any other impacted gravesites from the plat to accommodate the proposed accessway.
4. For future developments with septic, well, or sewage treatment systems, the applicant shall comply with Blue Earth County standards and apply for permits when applicable.
5. The applicant shall comply with Blue Earth county standards surrounding solid waste management services if any additions occur in the future.
6. If the applicant installs exterior lighting, signage, or fencing, it shall conform to the Mankato Township Zoning Ordinance.