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HomeMy WebLinkAbout[02] Orderly Annexation Area Land ManagementCTW OF ST. JOSEPH MEETING DATE: April 19, 2010 Agenda Item 2 AGENDA ITEM: Orderly Annexation Area Land Management SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: During 2009 the St. Joseph Planning Commissions for the City and Township met several times to discuss land use applications in the Orderly Annexation Area. The purpose of the discussions were to review the existing OA Agreement and establish review processes for land owners that was not confusing and redundant. The first step in the process identified the annexation process which resulted in a flow chart of process. The chart simply illustrated the verbiage in the OA. Once this was completed the discussion centered on applications for land use development in the OA area and the role the City has or should have in that process. In addition, there was a desire to formulate a process that is efficient and not redundant. The planning Commissions reviewed a proposed draft to the OA Agreement that redefined the process and would establish one oversight board comprised of City, Township and County officials. The OA Agreement has not been reviewed since the City and Township executed the MOU. The MOU delegates Stearns County as the Zoning Administrator and identifies roles. Since the MOU was adopted portions of the OA Agreement are obsolete. PREVIOUS COUNCIL ACTION: The City and Township entered into an Orderly Annexation Agreement in 1992 identifying potential service areas. This agreement was amended in 2005. As stated above the City also executed a Memorandum of Understanding with Stearns County and St. Joseph Township. BACKGROUND INFORMATION: At the same time that the St. Joseph Planning Commissions were reviewing the OA agreement, the City of Waite Park was meeting with Ann Reischl and Angie Berg about the processing of land use applications identifying a more efficient process. Since St. Joseph Township had a desire to have one process for OA management, St. Joseph was invited to the discussion to review a proposed process. This discussion resulted in refining of the process and development of a flow chart of how development plans will be managed. Stearns County will continue to be the Zoning Administrator for the OA area but it will function in a different manner. (See flow chart) The meeting at this time is to present to all the officials the proposed process, soliciting feedback to see if staff should keep advancing the revisions. Under the new proposal the Joint Planning Board would have final authority over land use matters in the Orderly Annexation Area and their decision would be final. The appeal process would be district court. The last meeting held between staff of St. Joseph (both City and Township) and Waite Park included the attorneys for the Cities and Township. Since both Waite Park and St. Joseph use Rajkowski Hansmeier, Sue Dege is representing both. Kirby Dahl represents St. Joseph Township The City has a desire to be involved in the land use process so that as property develops non conforming land uses are not created in the Orderly Annexation Areas. Future development should be guided consistent with the long range plans. This was the intent when the oversight boards were created in the Orderly annexation agreement. ATTACHMENTS: Attorney Letter — Sue Dege .............................. ............................... 2:1 -3 Flow Chart — Development Process ................. ............................... 2:4 Flow Chart — Annexation ................................... ............................... 2:S REQUESTED COUNCIL ACTION: There is no action required or requested at this meeting, as stated above this is the beginning of dialogue to improve the delivery of service with regard to land use management. MEMO TO: Judy Weyrens and Shaunna Johnson FROM: Susan M. Kadlec RE: Joint Planning Issues with St. Joseph Township OUR FILE NO.: 29393 DATE: April 15, 2010 ISSUE ONE: Whether a joint planning commission is required in addition to the joint planning board under an orderly annexation agreement ( "OAA "). SHORT ANSWER: No. A joint planning commission is not required. ANALYSIS: Under the existing Orderly Annexation Agreements, each City and the Township have established both a joint powers board and a joint planning commission, with the planning commission empowered to review land use applications and make recommendations to the joint powers board. Traditionally the joint planning commission has met immediately prior to the joint powers board, which has caused some confusion in the roles of each board in relation to zoning decisions. The Cities and the Township desire to eliminate the joint planning commission and have the duties of the commission assumed by the joint powers board. The joint powers board is authorized to exercise planning and land use control within the orderly annexation area pursuant to Minn.Stat. §414.0325, Subd. 5 and Minn. Stat. §471.59. The joint powers board established under an orderly annexation agreement has all of the powers designated in Minn. Stat. §462.351 to §462.364, the Municipal Planning statute. Therefore, the board can act similarly to a municipality in its planning and land use controls. Under Minn.Stat. §462.354, the creation of a planning commission is permitted, but it is not mandatory. The annexation statute does not require a joint powers board to establish a separate planning commission. Accordingly, the joint powers board may act on land use applications without a planning commission to avoid unnecessary duplication of efforts. The planning commission must be abolished by a 2/3 vote of the members of the joint powers board. NOTE: The creation of a board of adjustment and appeals is mandated by statute. As with a city council, the joint planning board may sit as the board of appeals and adjustments. The OAA with the City of St. Joseph does not expressly name the joint powers board as the board of adjustment and appeals. I recommend that this be addressed in the revised OAA or the Memorandum of Understanding ( "MOU "). 2:1 ISSUE TWO: Whether the Cities, County and Township can jointly establish zoning controls in the OAA area? SHORT ANSWER: Yes. ANALYSIS: The proposed zoning for the OAA area is the Stearns County Urban Overlay District which will be adopted by the County Board prior to the effective date of the amended OAAs. The Overlay Zoning will be incorporated into the OAA by the MOU. It is anticipated that the County, the Township and the applicable City will be represented on the joint powers board, with the City and Township each having four representatives, and the County having one representative. The OAA delegates various duties and obligations among the parties to the agreement. Allowable uses within the OAA area will be established in the MOU. While there is no one statutory authority which encompasses all of the issues being addressed in the OAA and MOU, there are separate statutes authorizing each part of it. The county is authorized to enact zoning controls applicable in the township pursuant to Minnesota Statutes Chapter 394, and such controls shall prevail over a Town board's less restrictive controls. Minn.Stat. §394.33. A municipality may establish a joint planning district with a county, the purpose of which is to adopt a single plan for the district. Minn.Stat. §462.3535, Subd. 3. The city may delegate its authority to adopt official controls to the board of the joint planning district. In addition, a municipality may contract with the county for planning and zoning services to be provided by the county, including the adoption of zoning controls Minn. Stat. §394.32. A city and township may, in an OAA, designate what land use controls will be applicable in the OAA area. Minn.Stat. §414.0325, Subd. 5(c). The joint powers board is empowered to adopt its own land use controls within the OAA area, as it has the same authority as a municipality in regards to enacting zoning ordinances. Minn.Stat. §414.0325, Subd. 5(a). And finally, the joint powers statute allows for two or more governmental units to "jointly or cooperatively exercise any power common to the contracting powers or any similar powers, including those which are the same except for the territorial limits within which they may be exercised." Minn.Stat. §471.59, Subd. 1. There is an unpublished Minnesota Court of Appeals case regarding a joint powers board which included one representative from the County. Gold Nugget Development, Inc. v. City of Monticello, 2001 WL 683488. The appellants argued that the member appointed by the County violated the statutory requirement that the board be representative of the parties to the agreement. The Appellate Court did not agree, but instead applied broad definition of "representative." Because this case is unpublished, it does not constitute binding authority. It is likely, however, that the reasoning would be followed if the issue came before the Court for review. In my opinion, the various statutes provide sufficient authority for the acts contemplated by the OAA and the MOU. NOTE: To the extent that the MOU is establishing allowable uses in the OAA area, which differ from the uses allowed under Township zoning, and which are not expressly stated in the Overlay District, it is my recommendation that the MOU be adopted by the joint powers board, following notice and public hearing consistent with the adoption of a zoning ordinance. This may be 2:2 overly cautious, but the established uses will not be subject to later contest if adopted with the same safeguards as any other zoning ordinance. 2:3 Land Use Management of Orderly Annexation Area ICity of St. Joseph / City of Waite Park Platting Application received by County. County reviews to determine completeness and conformance to County Ordinance and City/Twp land use. County sets public hearing, prepares notice, mails, publish County forwards staff report to City/Twp. City responsible for preparing meeting material City prepare final findings of fact and record action Orderly Annexation Agreement & MOU Zoning Administrator Stearns County Environmental Services Interim /Special Uses Variances Application received by County. County reviews to determine completeness and conformance to County Ordinance and City/Twp land use. County sets public hearing, prepares notice, mails, publish Rezoning Application received by County. County reviews to determine completeness and conformance to County Ordinance and City/Twp land use. County sets public hearing, prepares notice, mails, publish Township of St. Joseph Lot Split Administrative Division of a split for the quarter purpose of section attachment Administrative split for the purpose of treatment system County forwards staff County forwards staff report to City/Twp. report to City/Twp- Joint Planning Board Membership: City —1 Council, 3 Planning Twp —1 Board, 3 Planning County — District Commissioner Township Responsible for minutes Conduct Public Hearing IAdopt final findings of I fact Boundary line adjustment Administrative split for the purpose of securing a mortgage County staff review with consultation of the City and Twp Note: The Joint Planning Board has flnol authority on land use matters. 2:4 The application is complete, criteria met, fee, legal description and tax statement received. The petition is placed on the Council agenda for approval and a copy is forwarded to St. Joseph Township. Resolution is prepared and forwarded to MN Planning, copy to St. Joseph Township. City Receives notification from MN Planning that annexation has been ordered. The City map is updated with the new boundary. Annexation Illustration Adopted .2010 Annexation Petition received Administrator reviews petition to see if the request meets the criteria for annexation Application does not meet criteria —Joint Planning Board meeting scheduled. Joint Planning Board makes recommendation to Joint Powers Board :1 Joint Powers — authorize Joint Powers — public hearing for annexation is annexation H I premature and denied The public hearing results in the Joint Powers Board approving the request. Each jurisdiction must act separately on the request. Upon verification the Township has approved the annexation request the City Council approves the annexation and forwards to MN Planning, copy to St. Josenh Townshin City Receives notification from MN Planning that annexation has been ordered. The City map is updated with the new boundary. The public hearing results in the Joint Powers denying the request. Each jurisdiction must separately act on the request. Upon verification the Township has denied the annexation request the City Council denies the annexation and the property owner is notified. The matter is considered closed. 2:5