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Home My WebLink AboutN [5a] Township MemorandumCI7'U' OF KT. Ji~SkPH Council Agenda Item 5 a MEETING DATE: January 15, 2009 AGENDA ITEM: Memorandum of Understanding -Requested Action: Authorize the Mayor and Administrator to execute the MOU between the City/Township and Stearns County regarding land use controls. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council in 2004 entered into a Memorandum of Understanding regarding land use authority in the orderly annexation area. When land use issues arise the Joint City/Township Planning Board meet to review and make a recommendation to the County Board for land use matters in the OA area. BACKGROUND INFORMATION: St. Joseph Township is requesting to change a land use control which would require that in Agricultural Zoning districts, principal building must be located on a parcel before an accessory building can be constructed and that an agricultural accessory building must be located either on the side yard or rear yard. This provision is already in place for zoning districts other than Agricultural. BUDGET/FISCAL IMPACT: ATTACHMENTS: MOU with attachments REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the MOU as recommended by the St. Joseph Township Board. MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF STEARNS AND THE TOWNSHIP OF ST. JOSEPH -CITY OF ST. JOSEPH PLANNING BOARD WHEREAS, Stearns County Land Use and Zoning Ordinance, Number 209 was effective April 21, 2000; and WHEREAS, Section 1.46 of Stearns County Land Use and Zoning Ordinance Number 209 states that this Ordinance shall apply to all areas in Stearns County, Minnesota, "except as otherwise provided in law"; and WHEREAS, Minnesota Statutes, Section 414.0325, subd. 5 provides that a, joint resolution may provide for the establishment of a board to exercise planning and land use control authority within any area designated as an orderly annexation area; and WHEREAS, the City of St. Joseph and the Town of St. Joseph have signed such a joint resolution designating the Town of St. Joseph as an orderly annexation area, and in addition,. have created the Township of St. Joseph. --City of St. Joseph Planning Board, which has exclusive authority over land use and zoning issues within the orderly annexation; and WHEREAS, the County and the Township of St. Joseph -City of St. Joseph Planning Board desire to enter into a Memorandum of Understanding in order to provide an opportunity to cooperate in administering zoning within the County for the purpose of ensuring better consistency in land use regulations and in the implementation of those regulations; and WHEREAS, the County and the Township of St. loseph -City of St. Joseph Planning Board desire to enter into a Memorandum of Understanding to ensure mutual understanding of each party to this Memorandum of their respective duties and responsibilities related to land use issues; and WHEREAS, the permitting process may involve provisions enforced by the County, provisions enforced by the Township and provisions enforced by the Township of St. Joseph/ City of St. Joseph Planning Board; and WHEREAS, this Memorandum of Understanding is intended to replace the previous Memorandum of Understanding signed by the Township of St. Joseph -City of St. loseph Planning Board on 5/24/04 and 6/16/04 and the County Board on 8/3/04. NOW THEREFORE BE IT IS AGREED, by the County of Stearns and the Township of St. Joseph -City of St. Joseph Planning Board to cooperate in administering their land use control s as set out in Attachment 1 of this Memorandum of Understanding. Adopted by the Stearns County Board of Commissioners this _ day of , 2009 BY: Chair, Stearns County Board of Commissioners ATTEST BY: Randy R. Schriefels Stearns County Auditor-Treasurer Clerk of Stearns County Board of Commissioners Adopted by the St. Joseph Township Board this day of , 2009. BY: Jeff Janssen, Chair St. Joseph Township ATTEST BY: Anna Reischl St. Joseph Township Clerk Adopted by the City of St. Joseph this day of .2009. BY: Alan Rassier Mayor, City of St. Joseph ATTEST BY: Judy Weyrens Administrator, City of St. Joseph 1_11%1 :~;~ 241F11 15:21 111~iFt2 1~I:~ F':taE i~~, ATTACHMII;NT 1 A. Land Use and Zoning (hdi~a~nce Previsions 1. In residential. or a$tieultural zoned districts; A. No residential accessory buildings or agricultural accessory buildings shall be located on a parcel prior to the construction of a residential dwelling on the same parcel- B. itesidential accessory buildingc and agricultural. accessory buildings shall nneet the toad set-backs and in no case shall they be located closer to the road. than the residential dwelling. 2: Any manufactured home to be used as a residential dwelling unit shall be no less than 20 feet in. width and shall bear the Seal, of Compliance issued by the State of Minnesota. Residential drvell.ing units shall be no less than 20 feet in width- 3. Home extended businesses shall be allowed ax a conditional use in all zoning districts in which they are allowed. 4. The transfer of residenial development rights within the Township is allowed in all zoning districts with approval of the 3oim Planning Board_ 5. The transfer of residential development rights from an+o~ther Township into St. Joseph Township is prohibited i.n all zoning districts. d. The transfer of residdentia! development rights from 5t. Joseph Township into another Township is aiiawed in al.l zoning districts. -~. Adminiatr~artir~e Amvisians 1. The Town shall conduct public hearings and act on conditional use permits for home extended businesses. 2. The Town shall issue all permits, and. conduct site inspections for each permit issued for any stnlcture or use allowed in item B l above and provide the County with copies of permits and inspection reports for any permit issued therefore on a monthly basis. t=~1;~ 1'~ %~F=n_~~~ 15: ~1 111F~F~~ 1hI! F'~~:~E ~~~ 3. The Town shall conduct public hearings and act on all variances for structures for. which the Town issues permits, unless otherwise noted in this memorandum of understanding. 4. "C'he Town shall conduct public hearings and act on all variances for the purposes of considering variance applications relating to setbacks from "fownship roads. _5. The Town shall not act on any permit or variance within the Shoreland Overlay District unless the sewage system has first been. certified. 6. The County shall conduct public hearings and act on all. variances far the purposes of considering variance applications relating to setbacks froran County highways. 7. The Town. shall conduct public .hearings a»d act on all variances from the Town prohibition relating to the transfer of development rights. 8: The County shall administer and enforce all provisions o£ Stearns County Ordinance Number 209; or successor ordinances within the orderly annexation. areas of the 'Town that are not. specifically administered or enli.'ozced by the Town through this mennurandum of understanding. 9. fn the orderly annexation areas, public hearings for. subdivision approvals a>nd rezoning approvals shall be acted upon by the County, lQ. Areliminary plat approval. from St. Joseph. Township and the City of St. Joseph, or from the Township n£ St. Joseph ^ City of St_ Joseph planning Board, shall be required prior m the County Plat#iang Committee review of a preliminary piat_ l 1. ,A recommendation from St. 3oseph Township sand the City of St. 7aseph, ar from the 'Township of St. Joseph -City of St: Joseph. Planning Board, shall be required prior to the County Plann%ng, Com~x~ission cottducti.»g a public hearir>~ on a proposed rezoning. 12, The plat review committee regturernents contained in Sections 5.3.5 and 5.3.7 of Stearns County Subdivision Ordinance Number 230; or successor ordinance, shall, be appl.i.ed to all plats proposed in the Town of St. Joseph orderly annexation areas: 13. Tlae final plat requirements of Section 5.4 of Stearns County Subdivision Ordinance Number 230; or successor ordinance, shall apply within the Town of St. Joseph- 1.4: The County shall issue al! permits and act on all variances nvt specifically enumerated in sub-items 1 through 13 herei.n_ Additionally, the County shall administer and enforce all provisions of Stearns County Ordinance Number '~09; or stiiccessor ordinances that are riot specifically administered or enforced by the Town through this memorandum ofunderstanding. C~1f12{'~~=~i~9 15:'1 111Fn=i•~ 1~I.~ F'~~_~E E~5 C". R¢specrive. Duties grid Responsibilities 1. The Town shall provide the County with written notice oi" any public hearing regarding a conditional use permit, interim use permit or variance and a cagy of the conditional. u~ permit, interim use permit or variance application at least 7 days prior to the public hearing. 2. The County shall provide the Town with written notice of any public hearings regarding a conditional use permit, interim use permit, rezoning request or variance and a copy of the conditional use permit, iriterim use permit, retorting request or variance application at least 10 days prior to the public hearing, 3. The Town shall provide the County with copies of variances, canditianai use permits, or interim. use permits granted pursuant to St. Joseph. Township Land Use and Zonistg Ordinance Nbmber 2 and the related findi.hgs of fact at the time the applicable document is recorded with the County Recorder. 4. ~'he County shall provide tine Town with copies of all construction site permits, variances, conditional use permits ar interim use permits granted pursuant to Stearns County Land Use and ?oning drdinance Aiumber 209; or successor ordinance, including related findings of fact, on a monti-ty basis. 5. The 't'own shall provide the County with copies of all construction site permits, along with the inspection report, issued pursuant to St. Joseph Township Land Use and. Zoning Ordinance Number 2; or successor ordinance on a monthly basis. 6. The County shall provide the Town wish copies of all. Qrovisianal Uses registered by the County on a monthly basis. 7. The Town shall notify the County of all proposed ordinance changex prior to holding a public hearing. 8. The County shall. notify the Town of all proposed ordinance changes prior to holding a public hearing. 9. ~.f an ordinance change or rezoning occurs, the County and Town shall review this memorandum of underst$nding for potential changes. 10. This Memorandum of Understanding may b~ terminated by mutual. agreement, however, if the parties are unable to mutually agree, then any party can unilaterally without cause terminate the Memorandum of Understand on ninety (90) days written nati.ce,