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[02] Joe Walz, Administrative Lot Split
NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN that the Joint Planning Committee of the City of St. Joseph — St. Joseph Township will hold a public meeting on Monday, January 25, 2010 at 7:30 p.m. in the Town Hall to consider the petition of Leo F and Theresa H Glatzel to transfer one acre, adjacent to the Ride Share property used by the State of Minnesota East of I -94 and South of CR2, to be attached to the 124 acre parcel owned by the Walz Properties LLC. Ann Reischl Town Clerk NOTE TO ST. JOSEPH PLANNING COMMISSION This involves Jerome Salzer as Chairman Brenda, Hal and Ralph as Planning Commission Members 2:1 TOWNSHIP OF SAINT JOSEPH MEETING DATE: January 25, 2010 CITY OF ST. JOSEPH AGENDA ITEM: Administrative Lot Split— Walz Properties SUBMITTED BY: Administration BACKGROUND INFORMATION: The Orderly Annexation Agreement between the City of St. Joseph and the Town of St. Joseph require action by the Joint Planning Board for all matters that would normally come before the St. Joseph Township Planning Commission. The City and Township have received a request for an administrative lot split. The lot split is being requested by Walz Properties on behalf of Leo Glatzel, and the property is located east of 194 and south of CR 2, adjacent to the Park —n- ride lot. As can be seen from the enclosed email correspondence, the intent of the proposed administrative lot split is to allow for future development. The property owned by Leo Glatzel is a remnant left after 194 was constructed. Walz Properties owns a small portion of property abutting the northern end of the property. In addition, Walz Properties also owns a large tract of land identified as Theresa Anderson. Walz Properties hopes to work with GTI Properties to develop the surrounding property. The City and Township need to submit a jointly signed document (Resolution or Certificate) to the County before the matter can be considered by Stearns County. Included in this packet is also a map illustrating the proposed ROW of CR 2 (yellow lines on exhibit 2:4). The property in question currently has access to CR 2 through the Park —n- Ride lot owned by MnDOT. It is important to note that approving the lot split does not grant any development rights or access /change of access to CR 2. The combining of lots does reduce the number of access points needed to CR 2. Prior to this request two property owners would need access (Glatzel /Walz), after the lot split only one access would be needed so it would simplify matters. The proposed lot split is located in Planning District 4 of the St. Joseph Comprehensive Plan (see attached). Based on the Plan, this area is identified for potential commercial and high density residential. 2:1 Joe Walz, Administrative Lot Split Hearing Notice 2: 1 Staff Recommendation 2: 2 -3 Maps [Right -of -Way) 2:4 -5 Application — City • Narrative 2:6 -9 • Email re: Need for Split 2: 10 -11 • Vicinity Map 2: 12 Application — Stearns County • Application and Procedures for Administrative Subdivision 2: 13 -14 • Warranty Deed 2: 15 -18 • Transfer of Development Rights 2: 19 -23 Zoning /Comprehensive Plan • R -3 Zoning Ordinance 2:24 -28 • Comprehensive Plan 2:29 JOINT PLANNING COMMISSION RECOMMENDATION TOWNSHIP OF SAINT JOSEPH CITY OF ST. JOSEPH SUBJECT: Administrative Lot Split for Property within OA -524. MEETING DATE: January 25, 2010 COMMISSION MEMBERS: City Representatives Present: Al Rassier, Brian Orcutt, Ross Rieke, Dale Wick. Township Representatives Present: Jerome Salzer, Doug Fredrickson, Ralph Eiynck, Brenda Stanger. REQUEST: Joint Planning Commission approval to submit an application to Stearns County Environmental Services for an Administrative Plat. The request for separation is to allow the recording of the purchased property. RECOMMENDATION: Approval of the administrative lot split as requested, attaching approximately 1.19 acres to the property owned by Theresa Anderson. FACTS/REASONS: The Joint Planning Commission has reviewed the proposed lot split as it relates to the long range transportation of the City of St. Joseph. In reviewing the long range plans the following items were considered: 1. The property under consideration is a remnant parcel left after the construction of 1 -94 and is not large enough to develop. 2. Attaching the property to the existing parcel owned by Theresa Anderson reduces the number of accesses needed to CR 2. 3. The property owners abutting the subject property are working together to develop the surrounding property and attaching the property will assist in master planning the property. The Joint Planning Commission has reviewed the proposed lot split as it relates to the future land use in the St. Joseph Comprehensive Plan and condition the recommendation on the following: 1. Approving the attachment does not infer or grant any development rights or access to CR 2. 2:3 2. The Joint City and Township Planning Board must review and approve any building permit issued for the newly created lot. If the property is annexed to the City of St. Joseph prior to development, the City shall review all plans. 3. The newly created parcel must be developed under the regulations of the City of St. Joseph R -3 Zoning Ordinance, only allowing permitted uses on said property. COMMISSION ACTION: Motion: Second: In Favor: Opposed: Excused: This document is a true and accurate statement of findings and recommendations of the St. Joseph Joint City /Township Planning Commission. Chair of Joint Meeting Date Secretary of Joint Meeting Date 2:3.1 E 0 r i « `k j Ah PHONE 320.229.4300 FILE NO. GLATZEL PROPERTY 1200 _ 1200 25TH AVENUE SOUTH EXHIBIT EXHIBIT P.O. BOX 1717 DATE: NO. 1 ST. CLOUD, MN 56302 -1717 EH 01/212010 ST. JOSEPH, MINNESOTA 2:4 m \ a$ p� pi YY 4 p ► Of Z E 0\ N » m N \ • p � rE 1 d db \ LU if} a x \ o < 2 .� 1 \ z 3'1 m \ N �i wp' QD All OIL As \ I 693S NI-1 LS3* —\ ,w iau �pQ` ci kv a� o_. �a I ti �p oop� <JZ m °c Rd � k = E� C Stgo a�e t pC�2 Q VVVVVV c in W. z � tih Y OV021 dIHE lkS w!bp \ LL N i p` +4 I'06 2:5 City of St Joseph and St Joseph Township RECEIVED DEC, 2 9 2009 Walz Properties, LLC 17066 Garden Grove Rd Becker, MN 55308 651 - 454 -0622 X100 CITY OF ST. JOSEPH We are in the process of transferring property into Walz Properties, LLC. Tri- County Abstract and Title Guaranty, Inc provided the legal description. We are requesting that the St Joseph Township and City of St Joseph approve the transfer of this 1 acre to be attached to 124 acre parcel. We would like to get this approve as soon as possible. I attached a drawing of the survey for the 1 acre. The following is a description of what we are planning. Question Please call or email: 651 - 454 -0622 jwalz @unique - software.com I will drop off the $250.00 for the St Joseph Township and the $200.00 for the City of St Joseph on Sat. 12/12/2009 at City hall in St Joseph. Thanks Joseph Iz jV Owner: Leo Glatzel I agree to Splitting this one acre off. Date Piece that is being split off: That part of the Northwest Quarter of the Northwest Quarter (NW1 /4 NW1 /4) of Section 16, Township 124, Range 29, Stearns County, Minnesota lying northeasterly of the highway right of way boundary line designated by right of way boundary corners B14 and B15 on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73 -22 (R /W Plat No. 73 -22) as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota, described as follows: Beginning at the northeast corner of said NW1 /4 NW1 /4; thence South 89 degrees 08 minutes 52 seconds West, assumed bearing along the north line of the Northwest Quarter of said Section 16 for 239.55 to the above described right of way boundary corner B14; thence South 29 degrees 33 minutes 55 seconds East, along the above described right of way boundary line designated by right of way boundary corners B14 and B15 on R/W Plat No. 73 -22 for 492.13 feet to the point of intersection with the east line of said NW1 /4 NW1 /4; thence North 00 degrees 26 minutes 19 seconds West, along the said east line of NW1 /4 NW1 /4 for 431.62 feet to the point of beginning. Being attached to: 2:6 The South half of the Northeast Quarter (S % of NE 1/4) and the Northeast Quarter of the Southeast Quarter (NE % of SE X) of Section Eight (8); ALSO, the Southwest Quarter of the Southwest Quarter (SW X of SW X) of Section Nine (9); ALSO, all that part of the Northwest Quarter of the Southwest Quarter (NW X of SW X) of Section Nine (9), described as follows: Commencing at a point in the South line of said NW X of SW X distant 2 rods East of the Southwest corner thereof; running thence West 2 rods to the Southwest corner of said NW X of SW X; thence running North along the West line of said NW X of SW X a distance of 3 rods; thence in a straight line Southeasterly to the place of beginning, all in Township One- hundred Twenty -four (124), Range Twenty -nine (29). ALSO, the West 10.65 acres of that part of the SE X of SW X of Section 9, lying and being Southerly of the State Road leading from St. Joseph to Cold Spring, being in Township 124, Range 29. ALSO: The East Half of the Northwest Quarter (E % of NW X), less the Southerly 4 rods of the Westerly 40 rods thereof in Section Eight (8), Township One - hundred Twenty -four (124), Range Twenty -nine (29). LESS AND EXCEPT A part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Beginning at the Northeast corner of said quarter quarter; thence along the East line thereof due South 627.03 feet to the Northerly 33 foot right of way line of a public road; thence along said right of way line South 732 00' West 155 feet; thence North 142 21' West 147.58 feet; thence due North 525 feet to a point on the North line of said quarter quarter; thence along said North line North 882 38' East 185 feet to the point of beginning. ALSO LESS AND EXCEPT: A part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Beginning at a point on the North line of said quarter quarter, which point is 185 feet South 882 38' West from the Northeast corner thereof; thence due South 525 feet; thence South 142 21' East 147.58 feet to a point on the Northerly 33 foot right of way line of a public road; thence along said right of way line South 732 00' West 155 feet; thence North 132 15' West 189.4 feet; thence due North 525 feet to a point on the North line of said quarter quarter; thence along said North line North 882 38' East 155 feet to the point of beginning. ALSO LESS AND EXCEPT: That part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Commencing at the Southwest corner of SW X of SW X of Section 9, Township 124, Range 29, which is the point of beginning; thence due North on the West line of said 40 acre tract for 400 feet; thence due East 109 feet; thence due South 400 feet; thence due West 109 feet to the point of beginning and there terminating. ALSO LESS AND EXCEPT: That part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Commencing at the Southeast corner of SW X; thence South 892 47' 27" West (assumed bearing) on the South line of said Section a distance of 1552.56 feet; thence North 002 12' 33" West 405.70 feet to the point of beginning of the land to be described; thence South 692 43' 14" West 207 feet; thence North 162 21' 26" West 196.40 feet to the centerline of old County State Aid Highway No. 2; 2:7 thence Northeasterly 207 feet, more or less on said centerline to the intersection with a line which bears North 169 21' 26" West from the point of beginning; thence South 169 21' 26" East 195 feet to the point of beginning. LESS AND EXCEPT That part of Tract A described below which lies Southwesterly of Line 1 described below. Tract A: That part of the West Half of the Southwest Quarter of the Southwest Quarter of Section 9, Township 124, Range 29 lying Northwesterly of County State Aid Highway No. 2 and Northeasterly of Trunk Highway No. 94 as now [Oct. 7, 19751 located and established by State Right of Way Plant No. 73- 22 which lies Southwesterly of Line 1 decribed below. Line 1: From the west quarter corner of said Section 9, run southerly on the west line of said section on an azimuth of 180 degrees 48 minutes 19 seconds (azimuth oriented to Minn. State Plan Coordinance System, Central Zone) for 1761 feet; thence on an azimuth of 131 degrees 09 minutes 34 seconds for 156.64 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 49 degrees 05 minutes 05 seconds for 99.66 feet; thence on an azimuth of 139 degrees 05 minutes 05 seconds for 100 feet; thence on an azimuth of 229 degrees 05 minutes 05 seconds for 85.74 feet and there terminating. Residual piece (after split): The Northwest Quarter of the Northwest Quarter of Section 16, Township 124, Range 29; LESS AND EXCEPT the following 3 parcels: 1. Parcel 25 of STATE HIGHWAY RIGHT OF WAY NO 73 -22 2. That portion thereof platted as GLATZEL ADDITION 3. That part of the Northwest Quarter of the Northwest Quarter (NW1 /4 NW1 /4) of Section 16, Township 124, Range 29, Stearns County, Minnesota lying northeasterly of the highway right of way boundary line designated by right of way boundary corners B14 and B15 on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73 -22 (R /W Plat No. 73 -22) as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota, described as follows: Beginning at the northeast corner of said NW1 /4 NW1 /4; thence South 89 degrees 08 minutes 52 seconds West, assumed bearing along the north line of the Northwest Quarter of said Section 16 for 239.55 to the above described right of way boundary corner B14; thence South 29 degrees 33 minutes 55 seconds East, along the above described right of way boundary line designated by right of way boundary corners B14 and B15 on R/W Plat No. 73 -22 for 492.13 feet to the point of intersection with the east line of said NW1 /4 NW1 /4; thence North 00 degrees 26 minutes 19 seconds West, along the said east line of NW1 /4 NW1 /4 for 431.62 feet to the point of beginning. 2:8 i, C L �+ � z• J j d E v •;,av � � ��• O .•i >, O L � •LLB u L~ ° C 3Z u'aa ow o s�'" CO 0 C �• Z" �' � •� Z .fl V C Q% W• e \ d C G. 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[cstrack @municipaldevelopmentgroup.com] Sent: Thursday, January 21, 2010 2:49 PM To: Judy Weyrens Subject: Fwd: City of St Joseph Attachments: jwalz.vcf Cynthia Smith - Strack Municipal Development Group, Inc. 888- 7MDG -INC (toll free) 952- 758 -7399 (Metro) 888 - 763 -4462 (fax) 25562 Willow Lane New Prague, MN 56071 www.municipaldevelo np ientgroup.com - - - -- Forwarded message from - - - -- Date: Thu, 21 Jan 2010 07:41:13 -0600 From: Joe Walz Reply -To: Joe Walz Subject: City of St Joseph To: cstrack( a :;municipaldevelopmentgroup.com Cynthia, Are you still working for the City of St Joseph? We are in the process of purchasing my brother part of the farm and we need to split one acre off the Leo Glatzel and add it onto our 124 acre property. We purchase this about 4 years ago. The city and the township need to approve this split before we add it onto our property. Then we are transfer all the property into Walz Properties, LLC and hopefully start developing the land. Joseph Walz - - - -- End forwarded message - - - -- 2:10 Judy Weyrens From: Joe Walz Dwalz @unique - software.com] Sent: Wednesday, January 20, 2010 3:31 PM To: Judy Weyrens Subject: Re: meeting material Attachments: jwalz.vcf Judy, Leo Glatzel wanted to sell the land due to the fact that he did not have access to the property. (Road Access) So we decided to purchase the one arce. This one acre land is east of 1 -94 and was cut off by the 1 -94 Interstate development. Walz property has access to the 1 acre. We are in the process of clearing up property issue and transferring the property under Walz Properties LLC, so that we can move forward on developing the Walz Property. Joseph Walz Judy Weyrens wrote: I realize you purchased the property, but why was that additional land necessary and how will it be used. From: Joe Walz [ma i Ito: jwalzCa unique- software.com] Sent: Wednesday, January 20, 2010 1:29 PM To: Judy Weyrens Subject: Re: meeting material We purchase the one acre from Leo Glatzel. This needs to be split off of Leo's Glatzel parcel and then be attached to our 124 acre parcel so that we can record this in the Stearns County Assessors Office. The property is on the east side of 1 -94 next to our 124 acre parcel. Donald Kluempke at Stearns County told us we need to do this. Joseph Walz Judy Weyrens wrote: Joe — I am going through all the information and do not see a reason as to why this lot split is necessary. Can you please provide me with that information. Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363 -7201 (320) 363 -0342 (Fax) iweyrens(�cityofstjoseph.com 2:11 DataViewOnline Map 1143.3 11313 T Walz Properties 11126 ANDERSON,THERESA M h�. mss 51 n� O r� 'Po 11255 1 CC7S4 n �: SE 2003 CITYOFSTJOSEPH Page 1 of 1 1137-0 I WALZ,STEVEN R& NANCY R 33171 BEGHTOLD,NORBERT ETAL SCHNEIDER,KYLE M& LORI E t. ti� I •. WALZ,ANITA M 1112=1 7112651 n GLATZEL,LEO & THERESA P GTI PROPERTIES LLC 0 3 1112 1 Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. ¢C� 2:12 https:H portal. sehinc. com /sehsvc /html /dvo /mapLayout.htm 1/20/2010 Staff Contact: NY) Kw<,i ^r ri'- -C- Date: APPLICATION AND PROCEDURES FOR ADMINISTRATIVE SUBDIVISION Environmental Services Department Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN 56303 320 - 656 -3613 or 1 -800 -450 -0852 - Fax 320 - 656 -6494 * *It is strongly recommended that applicants meet with staff to discuss proposed land subdivisions. ** Property Owner �" ����° (✓�� �� Phone 3 '22 � Mailing Address �ZIC� L� S "� jL)C h � G Parcel I.D. Number �� Z �l 9-73- U ty �-� Township Legal Description ,.>e ,j( - -Ntn CA Submission Requirements: Certificate of Survey -2 copies required Boundary line survey of tract to be subdivided Legal description of tract to be subdivided Calculate the area of the tract to be subdivided Calculate the tillable acreage of the tract to be subdivided Calculate the tillable acreage within the residual tract Show the location of all buildings relative to the tract to be subdivided Show distances of buildings to property lines Other Certificate of Compliance— Some Stearns County townships require a certificate of the compliance for administrative subdivisions. Township requirement? Y` YES NO S TOS -2 V k Township. Declaration of'Restriction —A samrl-?le format will be provided. ZONING: Declaration of Restriction for Conveyance for Non - Residential Purposes %,/~ Certificate of Transfer of Development Rights and Declaration of Restriction SUBDIVISION: Declaration of Restriction for Conveyance for Non - Building Purposes �– Declaration of Restriction for Conveyance for Attachment Purposes Declaration of Restriction for Conveyance for Sewage System Installation Declaration of Restriction for Conveyance for Mortgage Purposes Declaration of Restriction for Conveyance for Life Estate Purposes Other Deed —One or more deeds will be required for all land transactions. A deed that conveys a lot, parcel or tract for attachment purposes must state the following: (1) the legal description of the lot, parcel or tract that Neill be attached; (2 ) the legal description of the lot, parcel or tract that (1) will be attached to; and 0 The deed shall state, "the subdivision is for the purpose of attachment, and the lot, parcel or tract to be attached, together with the lot, parcel or tract to which it is being attached shall, upon attachment, be considered as one lot, parcel or tract." Other 2:13 Submit all required documents to Environmental Services. Allow 7 to 10 business days for application review. Documents do not need to be signed and notarized before staff review. If one or more documents do not meet ordinance requirements, the application will be considered incomplete. The document(s) will be returned to the applicant for revision. If the subdivision will create a new residential building site, then the application shall be reviewed by the Assessor's Department. The Assessor shall determine if a $250 park dedication fee will be assessed. When all documents meet ordinance requirements and, if applicable, the park dedication fee is paid, administrative subdivision approval can be issued. RECORDER'S OFFICE • Submit all required documents. Deeds and Declarations of Restrictions must be signed and notarized • Submit the administrative subdivision approval • Submit a copy of the Certificate of Survey (if a survey is required) • Pay recording fees AUDITOR'S OFFICE Reviews all documents, the subdivision approval and the Certificate of Survey (if one was required) Certifies that all property taxes are paid in frill for the parcel subject to the subdivision Establishes parcels in the tax system "Administrative subdivisions in Le Sauk Township are not subject to Envirorunental Services review unless the proposed subdivision is within the shoreland overlay district.'"* I, the undersigned, agree that I am the owner of the above - described property or am a representative of the owner of the property. Additionally, I have submitted all the required documents with this application. is a Applic is Signature (or Representative) Date 2:14 iWOOCS' Miller /Davis Company © - Minneapolis, MN - (612) 312 -1570 WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity (Top 3 inches reserved for recording data) Form 10.1.3 (2006) (3 -M) DEED TAX DUE: $ DATE: f-A / ��sto�'i (month /day/year) FOR VALUABLE CONSIDERATION, Len F Glatzel and Theresa 14 Glstzel, husband and wife (insert name and marital status of each Grants) hereby conveys and warrants to Walt Properties, I LC (insert name of each Grantee) ( "Grantor "), , ( "Grantee "), a Limited Liability ompany under the laws of Minnesota , real property in Stearns County, Minnesota, legally described as follows: See Attached Schedule A Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, Conditions, Restrictions, Easements, Declarations of Record, if any. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor (signature) Leo F. Glatzel F:�gla (signature) Theresa H. Glatzel WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 2:15 Page 2 State of Minnesota , County of Stearns This instrument was acknowledged before me on Minnesota Uniform Conveyancing Blanks Form 10.1.3 /t2 /aC1 /Aat'7i (month /day /year) ,by T eo F Gilatzel and Theresa H Glatzel huchand and wife (insert name and marital status of each Grantor) (Seal, if any) '.'ARY SCNNEIDER ".JTARY PUBLIC AAINNESOTA My Comm. Exp. Jan. 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Tri -County Title and Abstract Guaranty, Inc. 122 12th Avenue North St. Cloud, MN 56303 320 - 253 -2096 File# 98880 (signatur'r-of hotarTal officer) Title (and Rank): My commission expires: (month /daybear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Walz Properties, LLC WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 2:16 Schedule A That part of the Northwest Quarter of the Northwest Quarter (NW1 /4 NW1 /4) of Section 16, Township 124, Range 29, Stearns County, Minnesota lying northeasterly of the highway right of way boundary line designated by right of way boundary corners B14 and B15 on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73 -22 (R /W Plat No. 73 -22) as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota, described as follows: Beginning at the northeast corner of said NW1 /4 NW1 /4; thence South 89 degrees 08 minutes 52 seconds West, assumed bearing along the north line of the Northwest Quarter of said Section 16 for 239.55 to the above described right of way boundary corner B14; thence South 29 degrees 33 minutes 55 seconds East, along the above described right of way boundary line designated by right of way boundary corners B14 and B15 on R/W Plat No. 73 -22 for 492.13 feet to the point of intersection with the east line of said NW1 /4 NW1 /4; thence North 00 degrees 26 minutes 19 seconds West, along the said east line of NW1 /4 NW1 /4 for 431.62 feet to the point of beginning. TO BE ATTACHED TO THE FOLLOWING LEGAL DESCRIPTION FOR ATTACHMENT PURPOSES: The South half of the Northeast Quarter (S % of NE 1/4) and the Northeast Quarter of the Southeast Quarter (NE X of SE X) of Section Eight (8); ALSO, the Southwest Quarter of the Southwest Quarter (SW % of SW X) of Section Nine (9); ALSO, all that part of the Northwest Quarter of the Southwest Quarter (NW X of SW X) of Section Nine (9), described as follows: Commencing at a point in the South line of said NW X of SW % distant 2 rods East of the Southwest corner thereof; running thence West 2 rods to the Southwest corner of said NW X of SW %; thence running North along the West line of said NW % of SW Y4 a distance of 3 rods; thence in a straight line Southeasterly to the place of beginning, all in Township One- hundred Twenty -four (124), Range Twenty -nine (29). ALSO, the West 10.65 acres of that part of the SE % of SW % of Section 9, lying and being Southerly of the State Road leading from St. Joseph to Cold Spring, being in Township 124, Range 29. ALSO: The East Half of the Northwest Quarter (E % of NW %), less the Southerly 4 rods of the Westerly 40 rods thereof in Section Eight (8), Township One- hundred Twenty -four (124), Range Twenty -nine (29). LESS AND EXCEPT A part of the SW % of SW X of Section 9, Township 124, Range 29, described as follows: Beginning at the Northeast corner of said quarter quarter; thence along the East line thereof due South 627.03 feet to the Northerly 33 foot right of way line of a public road; thence along said right of way line South 732 00' West 155 feet; thence North 142 21' West 147.58 feet; thence due North 525 feet to a point on the North line of said quarter quarter; thence along said North line North 882 38' East 185 feet to the point of beginning. ALSO LESS AND EXCEPT: A part of the SW % of SW X of Section 9, Township 124, Range 29, described as follows: Beginning at a point on the North line of said quarter quarter, which point is 185 feet South 882 2:17 38' West from the Northeast corner thereof; thence due South 525 feet; thence South 149 21' East 147.58 feet to a point on the Northerly 33 foot right of way line of a public road; thence along said right of way line South 739 00' West 155 feet; thence North 139 15' West 189.4 feet; thence due North 525 feet to a point on the North line of said quarter quarter; thence along said North line North 889 38' East 155 feet to the point of beginning. ALSO LESS AND EXCEPT: That part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Commencing at the Southwest corner of SW X of SW X of Section 9, Township 124, Range 29, which is the point of beginning; thence due North on the West line of said 40 acre tract for 400 feet; thence due East 109 feet; thence due South 400 feet; thence due West 109 feet to the point of beginning and there terminating. ALSO LESS AND EXCEPT: That part of the SW X of SW X of Section 9, Township 124, Range 29, described as follows: Commencing at the Southeast corner of SW X; thence South 899 47' 27" West (assumed bearing) on the South line of said Section a distance of 1552.56 feet; thence North 009 12' 33" West 405.70 feet to the point of beginning of the land to be described; thence South 699 43' 14" West 207 feet; thence North 169 21' 26" West 196.40 feet to the centerline of old County State Aid Highway No. 2; thence Northeasterly 207 feet, more or less on said centerline to the intersection with a line which bears North 169 21' 26" West from the point of beginning; thence South 169 21' 26" East 195 feet to the point of beginning. LESS AND EXCEPT That part of Tract A described below which lies Southwesterly of Line 1 described below. Tract A: That part of the West Half of the Southwest Quarter of the Southwest Quarter of Section 9, Township 124, Range 29 lying Northwesterly of County State Aid Highway No. 2 and Northeasterly of Trunk Highway No. 94 as now [Oct. 7, 1975) located and established by State Right of Way Plant No. 73- 22 which lies Southwesterly of Line 1 decribed below. Line 1: From the west quarter corner of said Section 9, run southerly on the west line of said section on an azimuth of 180 degrees 48 minutes 19 seconds (azimuth oriented to Minn. State Plan Coordinance System, Central Zone) for 1761 feet; thence on an azimuth of 131 degrees 09 minutes 34 seconds for 156.64 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 49 degrees 05 minutes 05 seconds for 99.66 feet; thence on an azimuth of 139 degrees 05 minutes 05 seconds for 100 feet; thence on an azimuth of 229 degrees 05 minutes 05 seconds for 85.74 feet and there terminating. THE SUBDIVISION IS FOR THE PURPOSE OF ATTACHMENT, AND THE LOT, PARCEL OR TRACT TO BE ATTACHED, TOGETHER WITH THE LOT, PARCEL OR TRACT TO WHICH IT IS BEING ATTACHED SHALL, UPON ATTACHEMENT, BE CONSIDERED AS ONE LOT, PARCEL OR TRACT 2:18 Grantor Parcel Identification Number Grantee Parcel Identification Number CERTIFICATE OF TRANSFER OF DEVELOPMENT RIGHTS AND DECLARATION OF RESTRICTION THIS Certificate of Transfer of Development Rights and Declaration of Restriction is executed this Aq day of Decej-1,hp 2009 by Leo F. Glatzel and Theresa H. Glatzel, husband and wife hereinafter referred to as " Grantor(s)" for the purpose of transferring residential development rights to by Leo F. Glatzel and Theresa H. Glatzel, husband and wife, hereinafter referred to as "Grantee(s) ". Grantor(s) hereby transfer to the Grantee(s) the residential development rights for _1_ residential dwelling sites from the following described property which shall be referred to as the "Grantor Site ": See Attached Exhibit A The residential development right are transferred to the following described property which shall be referred to as the "Grantee Site ": See Attached Exhibit B 2:19 DECLARATION WHEREAS, Section Stearns County Zoning Ordinance Number 209, or successor ordinances requires that the Grantor Site area of acres be restricted from additional residential development. NOW, THEREFORE, the Grantors make the following Declaration of Restrictions. The restrictions described below shall apply to the Grantor Site and shall run with the land and shall be binding on all parties and all persons claiming under them: That use of the property described herein as the Grantor Site, or any part thereof, for a residential dwelling site shall be prohibited. 2. That use of the property, described herein as the Grantor Site, for the determination of additional residential dwelling site density under the provisions of Stearns County Zoning Ordinance Number 209; or successor ordinances, shall be prohibited. BE IT FURTHER RESOLVED that: This Declaration of Restriction shall remain in effect so long as Stearns County Land Use and Zoning Ordinance Number 209, or successor ordinances, is not amended to affect the status of the Grantor Site for use as a residential building site. 2. This Declaration of Restriction shall be enforced by Stearns County. IN WITNESS WHEREOF, the Grantors have executed this Transfer of Development Rights and Declaration of Restriction on the date and year above written. 2:20 i GRANTORS: Leo F. Glatzel Theresa H. Glatzel State of Minnesota I ss County of Steams The foregoing instrument was acknowledged before me this V'' day of Or'61" , 02 09 Leo F. Glatzel and Theresa H. Glatzel, husband and wife MARY SCHNEIDER NOTARY PUBLIC-MINNESOTA My Comm. Exp. Jan. 31, 2015 Drafted by: Tri County Abstract 122 12`h Avenue North St. Cloud, MN 56303 File# 98880 Signature of Notary 2:21 Exhibit A That part of the Northwest Quarter of the Northwest Quarter (NW 1 /4 NW 1 /4) of Section 16, Township 124, Range 29, Stearns County, Minnesota lying northeasterly of the highway right of way boundary line designated by right of way boundary corners B 14 and B 15 on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-22 (R/W Plat No. 73 -22) as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota, described as follows: Beginning at the northeast corner of said NW1 /4 NW1 /4; thence South 89 degrees 08 minutes 52 seconds West, assumed bearing along the north line of the Northwest Quarter of said Section 16 for 23 9.5 5 to the above described right of way boundary corner B14; thence South 29 degrees 33 minutes 55 seconds East, along the above described right of way boundary line designated by right of way boundary corners B 14 and B 15 on R/W Plat No. 73 -22 for 492.13 feet to the point of intersection with the east line of said NW1 /4 NW1 /4; thence North 00 degrees 26 minutes 19 seconds West, along the said east line of NW 1/4 NW 1 /4 for 431.62 feet to the point of beginning. 2:22 Exhibit B The Northwest Quarter of the Northwest Quarter of Section 16, Township 124, Range 29; LESS AND EXCEPT the following 3 parcels: 1. Parcel 25 of STATE HIGHWAY RIGHT OF WAY PLAT NO 73 -22 2. That portion thereof platted as GLATZEL ADDITION 3. That part of the Northwest Quarter of the Northwest Quarter (NW 1A NW 1/4) of Section 16, Township 124, Range 29, Stearns County, Minnesota lying northeasterly of the highway right of way boundary line designated by right of way boundary corners B 14 and B15 on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73 -22 (R/W Plat No. 73- 22) as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota, described as follows: Beginning at the northeast corner of said NW1 /4 NWIA; thence South 89 degrees 08 minutes 52 seconds West, assumed bearing along the north line of the Northwest Quarter of said Section 16 for 239.55 to the above described right of way boundary corner B14; thence South 29 degrees 33 minutes 55 seconds East, along the above described right of way boundary line designated by right of way boundary corners B 14 and B 15 on R/W Plat No. 73 -22 for 492.13 feet to the point of intersection with the east line of said NW 1 A NW 1 A; thence North 00 degrees 26 minutes 19 seconds West, along the said east line of NWIA NWI /4 for 431.62 feet to the point of beginning. 2:23 ORDINANCE 52 — ZONING ORDINANCE Section 52.33: B -3 GENERAL BUSINESS DISTRICT Subd. 1: Intent. The General Business District provides space for specialized business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. The intent of the B -3 district is to create attractive commercial and business activities through standards including, but not limited to, larger lot sizes, greenspace and landscaping requirements. Subd. 2: Permitted Uses. The following uses shall be permitted within the General Business District: a) Appliance stores. b) Apparel shops. c) Barber and beauty salons. d) Bicycle sales and repairs. e) Business /professional offices. f) Financial institutions, including insurance companies. g) Florist. h) Fruit, vegetable and meat stores. i) Government buildings. j) Grocery and drug stores. k) Hardware stores. 1) Interior design services, including floor and wall covering stores. m) Retail malls. n) Medical, optical and dental clinics. o) Office parks. P) Parks and Open Spaces. 2:24 ORDINANCE 52 — ZONING ORDINANCE q) Photograph sales and repair. r) Record and video stores. S) Restaurants, coffee shops, excluding drive -in service. t) Sporting goods stores. U) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: Special Uses. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance. f) Transportation terminals, public utility and transfer stations, without storage yards. b) Eguipment Services. f) Radio and television shops 2. Appliance repair shops 3. Appliance show rooms C) Recreational Services. fl Theaters 2. Bowling establishments 3. Clubs and lodges d) Hotels/Motels e) Drive - through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. f) Commercial car washes (drive through, self - service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. 2:25 d) Convenience Store with fuel services, provided that: ORDINANCE 52 — ZONING ORDINANCE d) The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. 2. The approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application. 3. Motor fuel facilities are installed in accordance with state standards. 4. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 5. Wherever fuel pumps are to be installed, pump islands shall be installed. 6. A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained. 7. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. d) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 4: Permitted Accesso , Uses. The following uses shall be permitted as an Accessory Use in the General Business District. feet. d) Commercial or business buildings for a use accessory to the principal use, not to exceed thirty percent (30 %) of the square footage of the principal structure. b) Temporary buildings for construction purposes for a period not to exceed construction. c) Off - street loading and parking areas. d) Signs which meet the criteria in Subd. 11 of this Section. Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 2:26 ORDINANCE 52 — ZONING ORDINANCE Subd. 6: Setbacks. a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot landscaped setback from the highway right -of -way line. All structures shall have a twenty (20) foot setback from the highway right -of -way. b) Front yard. Setback shall be twenty (20) feet from the lot line. C) Side yard. Setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. e) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coveraae. No structure or combination of structures shall occupy more than 60 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.13. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in Section 52.13 Subd. 6. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities shall consist of pre -cast or cast tip up concrete walls, concrete block (painted or decorative), post frame /steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8 ") above the final grade, and stick built construction. Pre - finished architectural metal panels, with a minimum twenty (20) year manufacturer color -fast warranty, may be used as a construction material. The exterior building finish of fifty (50 %) percent of all four sides of the structure, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre -cast or cast in place 2:27 ORDINANCE 52 — ZONING ORDINANCE concrete buildings shall provide as much adornment as is possible considering their exterior finish limitations. Any buildings undergoing renovation, repair or an addition, so as to require the issuance of a building permit, shall be brought into conformance with this subsection at the time the repairs, renovations or additions are completed. This does not include re- shingling or re- roofing. d) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. e) Li tin . All lighting shall be hooded and no light may directly strike any streets/highways or areas outside of the development. f) Stops and Curbs. Concrete curb to B -612 specifications shall be used for all automobile stops and for all drive and parking areas. g) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. h) Sims. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the Subd. 11 of this Ordinance. i) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 10: Development Plan Requirements. No building permit shall be issued until the Planning Commission reviews the development plan to determine that the use and development is compatible with adjacent land uses, and consistent with the stated intent of this zone. The requirements of this Subdivision shall not apply to additions to existing buildings which will increase the size of the building by 25% or less. Upon the request of the Planning Commission, the City Council will make the final determination on site plan approval. The developer shall provide the following items to the Planning Commission for any development located in the General Business District: 52.33, Subd. 10 amended 4/2005 ( *section subsequently renumbered) a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick -up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. 2:28 ORDINANCE 52 — ZONING ORDINANCE h) Parking and loading areas identified. i) Drainage by the use of arrows and /or contours. j) Screening of heating, ventilation and air - conditioning equipment. k) Landscaping material including the location, type of plant and size. 1) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee /Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the signs. ORDINANCE 52 — ZONING ORDINANCE property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City's review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 11: Signs. In the B -3 General Business district the general provisions apply to all a) Business and Wall signs may be erected, attached or painted on to a structure and advertising signs shall be prohibited. They are defined as follows: 1. Business Sign. A sign that is related to the business located on the same property to which it is located. 2. Wall Sign. A sign painted or placed against or attached to the exterior wall surface of a building or structure. 3. Advertising Sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered on a premise other than that on which the sign is located. b) Business signs may be erected, attached or painted on to a structure, and maintained in conjunction with a commercial use provided: 1. Signs shall have a surface area not exceeding one hundred square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premise on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. ORDINANCE 52 — ZONING ORDINANCE For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a Business Sign shall be 15 feet. 52.32, Subd. l Lb. amended 4/2005 (*section subsequently renumbered) c) Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. That the wall sign does not exceed one and one -half (1 V2) square feet per lineal lot front foot or fifteen percent (15 %) of the building frontage area or seventy five (75) square feet, which ever is the greatest. 2. Wall signs shall not project above the roof. d) Advertising or pylon signs shall not be permitted. Subd. 12: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. ORDINANCE 52 — ZONING ORDINANCE 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. Subd. 13: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R -1, Single Family Residential District. b) The interim use as a rental unit shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4 — Interim Use Permit. C) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. 52.33, Subd. 13, added 1/07 LAND USE District Four Approximate Location District Four occupies an area north of 1 -94. A portion is within the corporate limits and a portion within the Orderly Annexation Area. The approximate boundaries include: • South of CSAH 2 • East of CR121 • Northwest of Foxmore Hollow Subdivision and the St. Joseph cemetery • North of Walz's Hilltop Acres • East of Interstate 94. Total Acres in District: 443 acres in this District. Portion of District `Developed' Number of Acres Platted: 147 have been subdivided, 296 have not M SubdividW Ac. ■Non- Subd.Ac. been platted. Number of Acres with Potential Development Considerations: 416 acres have potential considerations for development (shoreland, public water, and cultural resource). Areas of Stability and Areas of Change: Areas of stability and areas of change have been identified within this district. Portions of the district adjacent to CSAH 2 have been identified as areas of change, primarily due to previous development interest as demonstrated concept plan submittals from property owners. A second area of change was identified for lots abutting Minnesota Street in the 'downtown' as defined in downtown redevelopment efforts. The majority of the district has been identified as an area of stability. Prominent Features Prominent features within Planning District Four include the College of St. Benedict campus, St. Benedict's Monastery, Lake Sarah, the proposed "Gateway Commons" development, and a large land area determined to be eligible for listing in the National Register of Historic Places. Existing Land Use Existing land uses primarily include agricultural, educational (private), and ecclesiastical uses. Proposed Future Land Use Portions of this district have been identified as 'areas of change'. Future investment, public and private, is expected within this district during the scope of this plan. The substantial portion of non - subdivided area within this district has been determined to be eligible for listing within the National Register of Historic Places. A second substantial portion of this district includes area developed by the College of St. Benedict or the St. Benedict's Monastery. The College of St. Benedict has conducted master planning efforts, the results of which are illustrated in Figure 4.1 on the following page. The master planning efforts are acknowledged here but have not been reviewed for consistency with this plan, land use, or subdivision standards. A final portion of this district is guided toward future commercial and /or commercial /high density residential (R -3, R -4) development. The location of this property adjacent to 1 -94 and CSAH 2 make future land use planning extremely important. The city has an excellent opportunity to provide for substantial `gateway' commercial and high density residential development within this portion of this district. Future development patterns will respect the mobility function of 1 -94 and CSAH 2; therefore, the development of future collector streets is imperative. Commercial and /or high value industrial nodes will be afforded excellent access from collector streets. Commercial and mixed commercial high density residential 2008 City of St. Joseph Comprehensive Plan 2:29