HomeMy WebLinkAbout[07] Public Hearing - Benedict Platcrry OF 89: JOS'KPH Planning Commission Agenda Item %
MEETING DATE: March 1, 2010
AGENDA ITEM: Public Hearing — Monastery of St. Benedict
Preliminary/Final Plat - Benedict
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission previously considered and
recommended approval of a plat entitled Benedict. The purpose of the plat was to clarify and redefine
property lines for property owned by the College and Monastery of St. Benedict. During the platting
process it was recommended that the plat include the original cemetery owned by St. Joseph's Catholic
Church. The plat included property located in both the City and Township of St. Joseph, so the plat was
reviewed and approved by both jurisdictions.
BACKGROUND INFORMATION: After the plan was approved by both the City and Township of St.
Joseph, Stearns County recommended that the plat be amended to include the new cemetery owned by
the Parish of St. Joseph. In reviewing the plat, the Stearns County Surveyor noted that a property line
discrepancy between the Monastery property and the new cemetery. To correct the legal description
he recommended that the Benedict plat be amended to include the new Cemetery owned by the Parish
of St. Joseph.
In order to amend the Plat, a public hearing is required. A representative from the Parish will be
present at the meeting and they are supportive of the amendment.
ATTACHMENTS:
HearingNotice ............................................... ...............................
7:2
Monastery Request — Matthews Letter .... ...............................
7:3
Benedict Plat Illustration .............................. ...............................
7:4 -5
VicinityMap ................................................... ...............................
7:6
Extract of PC Minutes —June 1, 2009 ........ ...............................
7:7 -8
Extract of CC Minutes — June 18, 2009 ...... ...............................
7 :9
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council approve the amendment
to the Plat entitled Benedict authorizing the Mayor and Administrator to execute final plat documents.
7:1
\CITY OF ST. JOSEPH
www.cityofstjoseph.com
Councilors
Steve Frank
Bob Loso
Renee Symanietz
Dale Wick
Judy Weyrens
Administrator
Publish: February 19, 2010.
7 :2
zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 66374
Phone 32.o.363.77-01 Fax 3zo.363.034z
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, March
1, 2010 at 7:20 PM. The purpose of the hearing is to consider an amendment to the Plat
Administrator
entitled "Benedict" to include the property formerly known as Lot 1 Block 1, St. Joseph
Judy Weyrens
Cemetery. The purpose of the amendment is to re- establish legal descriptions and
correct property discrepancies.
The proposed amendment has been submitted by the Monastery of St. Benedict, 104
Mayor
Chapel Lane.
Al Rassier
Councilors
Steve Frank
Bob Loso
Renee Symanietz
Dale Wick
Judy Weyrens
Administrator
Publish: February 19, 2010.
7 :2
zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 66374
Phone 32.o.363.77-01 Fax 3zo.363.034z
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A T T O R N E Y S Ai- L A W
February 4, 2010
City of St. Joseph
Attn: Judy Weyrens
25 College Avenue North
St. Joseph, MN 56374
RE: Sisters of the Order of St. Benedict
Plat of Benedict
Our File No.: 104 -00027
Dear Judy:
-;j- y CF c i , JOSEPH
KEVIN J. Hl1GHFS
THOMAS E. MATHEWS
JOHN L. GREER
JAMES P.A. MORRI ,HAN
Enclosed is a full size and reduced size of the revised preliminary plat of Benedict. On behalf of
the Sisters of the Order of Saint Benedict, I request that the consideration of this revised
preliminary plat be presented to the planning commission at the March 1 st meeting.
The revised preliminary plat incorporates the St. Joseph Cemetery that was platted in 1991.
Initially, the St. Joseph Cemetery was not included. On subsequent document review and in
meetings with the Stearns County surveyor and others, it was discovered that there were gaps
around the St. Joseph Cemetery boundaries. The inclusion of the cemetery plat will resolve
potential title issues. One of the goals of the Sisters' platting process is to clear -up gaps and title
issues. The Stearns County Surveyor has encouraged the Sisters to include the cemetery plat
within the Benedict plat.
Please contact me if you need additional information. A PDF version of the preliminary plat is
available and can be provided to you.
Very truly yours,
Thomas E. Mathews
Enclosures
cc: Sister Kara Hennes, OSB
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https: // portal. sehinc. com /sehsvc/html /dvo /mapLayout.htm 2/16/2010
Extract of Minutes — Planning Commission
June 1, 2009
Benedict Plat
Preliminary Plat — Benedict Plat: Weyrens stated that the Planning Commission has previously
conducted a public hearing for the plat entitled Benedict and tabled action until all outstanding items have
been resolved. The following is a summary of issues along with the resolution:
1. Legal Counsel for the St. Joseph Parish had not reviewed the plat and stated that the Parish
could neither support nor oppose the plat until they had time to review such. Since the Parish is a
signing party to the plat, they would need to approve.
Resolution: the City has received a letter of support from the Parish.
2. Bernie Schloemer questioned the hearing process, in particular the legal description used for the
hearing notice.
Resolution: Weyrens stated that all persons within 350 feet of the proposed plat received
notification. Therefore the hearing process meets the statutory requirements.
3. The Commission questioned the process for approval for the portion of the plat that lies in the
Township.
Resolution: Weyrens stated that the Benedict Plat is a plan that contains both City and
Township property. Each jurisdiction must complete their respective processes before
the plat can be recorded. For the Township, Stearns County Environmental Services will
conduct the hearing and by the OA between the City and Township of St. Joseph, the
matter should considered by the Joint Planning Commission and Joint Planning Board.
S. Kara Hennes approached the Commissioners on behalf of the Monastery. She stated that when this
process started, the goal was to transfer some land between the College and the Monastery because
some of the college buildings are on Monastery property. To continue with the land transfer, they needed
to plat the property. It was also discovered during the platting process that some of the St. Joseph Parish
property encroached the Monastery land. The Benedict Plat clarifies these boundaries as well. In
addition the plat includes a small portion of the Pfannenstein property near 1 -94 and the land purchased
from Anita Walz. Vern Bartz, SEH, also addressed the Commissioners. He stated that the plat
incorporates the entire College campus west of CR121.
Deutz asked the Commissioners for their comments
Meyer stated his concern with the number of outlots on the plat, as typical platted property includes
defined lots and blocks. He also added his concern with the number of variances that are going to be
required. Bartz stated that the plat has been developed utilizing outlots for vacant areas and lots and
blocks for property where buildings are located. In addition, the outlots had to be laid out so as not to
include both City and Township land. With reference to the numerous outlots, Deutz questioned whether
or not this has been laid out for development. Bartz re- stated that the purpose is to straighten out land
lines and address gaps and overlaps. Although a portion of this could be developed as commercial in the
future, right now there is no intent to develop.
Wick stated that he had no questions; however, this plat is different than most plats reviewed by the City
as it is platted as outlots. He was curious about the variances referred to by Meyer. Weyrens stated that
outlots have been utilized to plat vacant property. The City Ordinance does not allow development on
outlots, therefore, the City would still have control if the property is to be developed in the future. She
added that this is more administrative in nature as the current legal descriptions are a nightmare. Platting
it as outlots is the best method to not allow development. Wick questioned whether the taxes will be
different for outlots. Meyer stated that he sees a definite possibility for development. Bartz restated that
this plat is not for development rather to clarify property lines.
rk1
Extract of Minutes — Planning Commission
June 1, 2009
Benedict Plat
Sabart added that he has seen other plats with multiple outlots. The Parkway Business Center is one
example. According to Sabart, it is not uncommon to designate the property as outlots if the property
owner is not clear about the future use of the property. In previous discussions with staff, he stated that
Lot 4 Block 1 is intended as a future advance to the College for a parking lot. He added that there may be
a future development, but there are no definite plans.
McDonald questioned the annexation of the entire property. Weyrens stated that there has been some
dispute between the City and the Township. She added that the City can pursue this annexation request
and then the entire Benedict Plat would be within the City. They have previously talked about the Orderly
Annexation. The Township is not taking any initiative to approve this plat. Bartz stated that the fact that it
is not being annexed has caused them problems as well. They do not care either way.
Deutz questioned the delineation of the wetlands. Bartz stated that they have the information on the plat
and they will have the wetlands marked once the plat is approved. Weyrens reminded the
Commissioners that the Public Hearing was opened and closed at the last meeting.
Meyer made a motion to recommend Council approval of the Preliminary Plat entitled Benedict.
The platting is being completed for administrative purposes only, clarifying and establishing legal
descriptions. Approval of the plat does not convey development rights. The motion was
seconded by Deutz.
Ayes: Deutz, Wick, McDonald, Rieke, Meyer, Orcutt
Nays: None Motion Carried 6:0:0
7:8
Extract of Minutes — City Council
June 18, 2009
Benedict Plat
Benedict Plat: Weyrens stated that the Planning Commission recently considered a plat entitled Benedict.
The purpose of the plat was to plat the property and clear up legal descriptions for the St. Benedict
Monastery, College of St. Benedict and Church of St. Joseph. The lots containing no buildings were
labeled as outlots and all those with a building are identified by a lot and block.
Loso made a motion to approve the Preliminary Plat and authorize the Mayor and Administrator to
execute the Final Plat entitled Benedict.
Discussion: Weyrens advised the Council that this plat will be approved by both the City and
Township as some of the property is outside the City limits.
The motion passed unanimously.
During the platting process, an error was found relating to the assessments for a small portion of land
which is part of the Benedict Plat and a piece of property in Foxmore Hollow. In order to fix the error, the
City needs to transfer the assessment to the correct parcel. In order to transfer the assessment, it must
first be paid or abated. Although the City will not receive the delinquent interest; they will receive the full
assessments within the original terms.
Frank made a motion to abate the assessments as they are currently recorded and re- astess the
amount payable to the correct parcel. The motion was seconded by Symanietz and passed
unanimously.
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