HomeMy WebLinkAbout[06] Public Hearing, Rivers Bend Plat 2 „ALitt
CITY OF ST. J OSEPH Planning Commission Agenda Item 6
MEETING DATE: September 13, 2010
AGENDA ITEM: Public Hearing, Rivers Bend Plat 2
a. Rezoning, Agricultural to R4
b. Preliminary Plat
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission and City Council
have previously considered and approved a preliminary plat entitled Rivers Bend and on July 11, 2005
the City executed a Development Agreement between the City of St. Joseph and Arcon Development.
The Development Agreement memorialized the development of property known as the Heim /Bechtold
farm. The development included a mix of housing types and in 2006 and 2007 the agreement /terms
were amended, partly due to the severing of a parcel of land for Kennedy School. The plat was modified
when the District purchased the property and the environmental documents were updated.
In 2007 the City completed an improvement project which extended utilities to the Rivers Bend area so
that utilities would be available for the School. Arcon incurred assessments in the amount of $ 1.5
Million in infrastructure costs including utilities and trail and lighting.
BACKGROUND INFORMATION: Staff has been approached by a developer representative who is
considering a small portion development of the Arcon Property. The proposed development would be a
small portion on the east side of CR 121.
In the past, a single plat development included phasing, usually including between 20 and 40 lots. With
today's economic conditions and the real estate climate, plats are smaller to help reduce the individual
lot costs, making the development more viable. In reviewing the proposed development, the utilities
would be available and the development would be consistent with the preliminary plat previously
approved by the City. The City has entered into three different agreements with Arcon, one for the
overall development, one with including the school and improvements and an MOU.
The City has received and is in the process of reviewing the development application for the first
housing plat in the Arcon area. The proposed plan will include 12 single family homes, constructed as
patio homes. The proposal includes rezoning the area from current agriculture to R4 Townhome /Patio
Homes. At the time Arcon was completing the PUD process the City did not have an R4 Zoning district,
but identified the area being platted as medium density, which meets the R4 Zoning requirements.
The staff has reviewed the proposed plat in relation to the PUD approved by the City. The following
facts were determined:
• The environmental documents prepared and analyzed for the Arcon development is still
valid, therefore additional environmental studies are not required.
• The approved PUD identified the subject property as medium density with townhomes,
the plan before the Council has reduced the density, meeting the intent of the original
PUD.
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• Utilities are available to the site and the developer and engineer are researching the
most economical method for continued extension of services to prevent additional costs
in the future.
• The proposed development is consistent with the Comprehensive Plan.
The developer has been working to submit all required documents for fall construction. Therefore at
the time of writing this memo, not all the plans have been reviewed. The matter has however been
published and notices mailed to affected property owners. The City Engineer and City Attorney will be
present at the meeting to help answer any questions you may have. As you may recall the Planning
Commission has waived the need to approve the final plat as long as it consistent with the approved
preliminary plat. This matter will not be placed on the Council agenda until all the information has been
submitted and all issues are addressed.
ATTACHMENTS: Request for Council Action 6:1 -2
Public Hearing 6:3
Application for Planning consideration 6:4 -5
Original Preliminary Plat illustration 6:6
Application for subdivision review 6:7 -13
Rivers Bend Plat 2 6:14
Arcon letter 6:15 -16
Comprehensive Plan Extract 6:17
Notification to Stearns County 6:18
Ordinance Extract, Rezoning 6;19
REQUESTED PLANNING COMMISSION ACTION: Two actions are required by the Planning Commission.
Since this is a public hearing, the hearing must opened and either closed or if additional information is
needed the matter can be tabled. The first action item is the rezoning request, recommending the City
Council approve the rezoning from Agricultural to R4, Townhome /Patio Home. Once the zoning is
complete the Planning Commission must make a recommendation to the Council approving/denying or
tabling action on the Preliminary Plat.
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• ' CITY OF ST. J OSEPH
www.cityofstjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Monday, September 13, 2010 at 7:10PM at the St. Joseph City Hall, 25 College Avenue N. The
Administrator purpose of the hearing is to consider the Planned Unit Development entitled Rivers Bend Plat
Judy Weyrens 2 (Preliminary Plat) and rezoning the property described below from Agriculture to R4,
Townhouse Patio Home. The proposed PUD will allow for the construction of twelve (12)
single family homes.
Mayor The proposed development site is legally described as that part of Outlot G, RIVERS BEND,
Al Rassier according to the recorded plat thereof, Stearns County, Minnesota, described as follows:
Commencing at the northwest corner of said Outlot G; thence South 36 degrees 03 minutes 37 seconds
Councilors East, record bearing, along the southwesterly line of said Outlot G, a distance of 106.62 feet; thence
Steve Frank southeasterly and continuing along said southwesterly line, a distance of 710.82 feet along a tangential
Bob Loso curve concave to the northeast having a radius of 1382.39 and a central angle of 29 degrees 27 minutes
41 seconds; thence South 65 degrees 31 minutes 17 seconds East tangent to said curve and continuing
Renee Symanietz along said southwesterly line, a distance of 19.28 feet to the point of beginning of the tract of land to be
Dale Wick described; thence North 67 degrees 25 minutes 16 seconds East, a distance of 220.77 feet; thence North
60 degrees 48 minutes 45 seconds East, a distance of 325.20 feet; thence South 83 degrees 52 minutes 25
seconds East, a distance of 198.06 feet; thence South 08 degrees 47 minutes 07 seconds West, a distance
of 189.23 feet; thence southeasterly a distance of 65.71 feet along a non - tangential curve concave to the
southwest having a radius of 430.00 feet, a central angle of 08 degrees 45 minutes 19 seconds, and a
chord which bears South 79 degrees 24 minutes 46 seconds East; thence North 11 degrees 57 minutes 29
seconds East non - tangent to said curve, a distance of 212.10 feet; thence South 67 degrees 50 minutes 41
seconds East, a distance of 316.92 feet; thence South 24 degrees 57 minutes 30 seconds West, a distance
of 215.63 feet; thence South 06 degrees 08 minutes 42 seconds West, a distance of 63.39 feet; thence
South 24 degrees 57 minutes 30 seconds West, a distance of 140.00 feet; thence North 65 degrees 02
minutes 30 seconds West, a distance of 193.32 feet; thence North 21 degrees 06 minutes 44 seconds East,
a distance of 140.32 feet; thence North 65 degrees 02 minutes 30 seconds West, a distance of 11.92 feet;
thence northwesterly a distance of 142.52 feet along a tangential curve concave to the southwest having
a radius of 370.00 feet and a central angle of 22 degrees 04 minutes 13 seconds; thence South 02 degrees
53 minutes 17 seconds West, non - tangent to said curve, a distance of 83.89 feet; thence South 26 degrees
41 minutes 24 seconds West, a distance of 161.60 feet to said southwesterly line of Outlot G; thence
North 65 degrees 31 minutes 17 seconds West along said southwesterly line, a distance of 605.53 feet to
the point of beginning.
The request for Planned Unit Development has been submitted by Dean and Bryan Virnig,
17717 275 Avenue, Pierz MN 56364.
Judy Weyrens
Administrator
Publish: September 3, 2010
Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance,
special /interim use or rezoning request.
zS College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374 6.3
Phone 320.363.7zoi Fax 32.0.363.0342
APPLICATION FOR PLANNING CONSIDERATION - REZONING
City of St. Joseph SC41VNED
25 College Avenue N Fee $
PO Box 668
St. Joseph, MN 56374 Paid
Phone (320)363 -7201 or Fax (320)363 -0342
Date
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
NAME: E/ L` A-0✓ WRA/r 47 PHONE 310 -4 yo - 3 y/Z
ADDRESS: /7 7 / 7 Z 75 Q � ? " /7 2 4 15 - 14 .4y EMAIL: dean@ Vi 2 n i1/43 ei,7,
I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph,
Steams County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application
and complying with the ordinance requirements.)
1. Application is hereby made for: (Applk:ant must check any/ all appropriate items)
Rezoning r Zoning Ordinance Amendment r Home Occupation Unit
r Surface Water Management Plan r PUD r Building Mover's Permit
r Building Moving - Owner's Permit r Development Plan Approval r Other, Please specify:
2. Legal description of land to be affected byapplicationi, including acreage or square footage of land involved, and street address, lfany
(attach additional sheet if necessary): nl
E 4 • 4C// �(i1ENr / Ls.t , eon; J�j 61 4, (/s/ 4
usz 4l/4rni ij L4 M,c, 4N ,4v JE
3. Present zoning of the above described property is: 1 4'
4. Proposed zoning- Pfease describe the zoning redassification you are requesrngand astatement/narratWeas to why your request
should be granted.
- Lr.t00 -1 " �6 / 'S / /Za,J,hp e/a.W ea-7
7e !,44441:. 7 •G�rT,74. ✓e4.4 /.4y 777.4 e-9 4€ d[�t f; a-4.7 ..7irtvevCTo9N 7Z
Akre- — "owl" 77, 6k'.i.✓s+c f�LR,- oTxb,r i a� / 2401 t/ f J ` ) ' ,f 4e1...9
As ,{ S/ 204/7 Q 'Wit %S a, ris4 - ' u?/ - t - A4 Alb, /e ,,p4 • 1414
5. Comprehensive Plan - is the proposed rezoning consistent with the future land use map in the Comprehenshve Plan?
Yes r No
6:4
6. Name and address of the present owner of the above described land:
/Th 0�1� Z2 U G7G�. ��.✓T �iv (�
r7y4/ ✓ A e vss r /03
jt d2/ i LL.£ , /YIN S,5 3v Ca
7. Persons, Arms, corporations, other than the applicant and present owner, who mayor will be interested in, the above described land or
proposed improvements within one year after issuance of permit applied for, if granted, are:
&Ql/4"/ � .¢.J / C
Attached to this applcation, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: ] Date: p — Z6 0
Property Owner Signature: Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
Planning Commission Action: r Recommend Approval r Recommend Disapproval Date of Action:
City Coundl Action: r Approved r Disapproved Date of Action:
Date Applicant/Property owner notified of City Coundl Action:
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APPLICATION FOR SUBDIVISION REVIEW
CITY OF ST. JOSEPH SCANNED
25 College Avenue North
St. Joseph, MN 56374
PH: (320) 363 -7201 FAX: (320) 363 -0342
APPLICANT(S) NAME: Def4T oiad ckr Virni3 DATE: t> "
ADDRESS: 2 ✓ Ve .. , • •
PHONE NUMBER(S): , 32b (o f C ? 1- 7 1 2 FAX: 320 - 3(o3 — 75151
320 - (Q2 - Ross
PROPERTY OWNER(S) NAME (If different from Applicant): igrcOY) Pevelop t flL Inc.
ADDRESS: / i N 6534
PHONE NUMBER: 152 - z2(0 (e FAX: 952- - g30 22 X9
PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY
OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS IN SAID LAND.
I/We, the undersigned, hereby make the following application to the Planning Commission and City
Council of the City of St. Joseph, Steams County, Minnesota. (Applicants have the responsibility o°
checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
A. Application is hereby made for: (Applicant must check anylall appropriate items)
7( Preliminary Plat Review
Final Plat Review
Planned Unit Development Plan Review
Minor Subdivision Review
B. Parcel Identification Number(s) of Property: .1 m ..6/49 •
Legal Description of Property: (Please Attach Metes & Bounds Description)
S- - Ail. iI',/I i
C. Required information: 1 \ o ��
1. Name of Plat NeJ �ona 2--
2--
City of St. Joseph APPticWion for Subdivision Review Pepe 1
6:7
2. Location: Z v /4/
3. Gross Area: 4'. //eze s
4. Number of Lots: /Z
5. Current Zoning Classification(s): , l2/&t.6a4
6. Desired Zoning Classification(s): R-5/
7. Current Zoning Classification(s) of Adjacent Parcels: 4yri64-6 E
8. Name of Pending Street Name(s) Included in Development:
2.44/,'44 4v4 �.
9. Name & Address of Land Surveyor /Engineer: I)EsriJaoi6, Ss'.
D. Does the proposed preliminary plat require rezoning?
)C Yes, Explain 4riwulig.44
No
E. Is the proposed preliminary plat consistent with design standards and other requirements of
the City of St. Joseph Subdivision Ordinance, Zoning Ordinance and Comprehensive
•
Planning documents?
X Yes, skip to F.
No, if 'No' applicant must complete items below in italicized print.
The request(s) which 1/we desire for our property require a variance from the following section(s) of the
St Joseph City Code:
Section Section Section
Proposed variance(s):
•
•
What special conditions and circumstances exist which are particular to the land, structure or building(s)
involved which do not apply to the land, structures or building(s) in the same zoning classification (attach
additional pages as needed)?
Do any of the special conditions and circumstances result from your own actions (if the answer is yes, you
may not qualify for a variance)?
City of 8t. Joseph Application for Subdivision Resew Pape 2
6:8
What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code
or other City code/plan would deprive you of rights commonly enjoyed by other properties in the same
district under the terms of the zoning code (attach additional pages as needed)?
State your reasons for believing that a variance will not confer on you any special privilege that is denied
by the code to other lands, structures or buildings in the same district:
State your reasons for believing that the action(s) you propose to take is/are in keeping with the spirit and
intent of the code?
State your reasons for believing that a strict enforcement of the provisions of the code would cause undue
hardship. Undue hardship means that the property in question cannot be put to a reasonable use if used
under the conditions allowed by the code. Economic considerations alone shall not constitute an undue
hardship under the terms of this code as referenced in state statutes:
F. Describe the physical characteristics of the site, Including but not limited to, topography;
7 7 i / . S ' e , S efer i 1 i/y ? - e X✓c 5 > 440 -pie a -3,h
&i J vita f- r S ao-7.. 'i iGwf Lc' -. '- t ®7 t /+irt ecei 72,9^f JC.ea2
v4/4 134rvO, 77,I ar,Gie 64 4 J IAJ. �a+�� c.`twxrr»�%U +' J'
Pie -1 4^/ f 14 Rirrio r7'7n9 . E' �i1� /i1EE•2 � /AN'}‘j
O 6 :9
G. Describe the fiscal and environmental impact the proposed development will have on adjacent
• property owners and the City of St. Joseph.
Tt/ aCpC 1 ‘31 ✓s zrer2 a. fat ,Lr »Jrwo r ,3/4 ( r, 7 �zc� c� �i . t J ' l/ 6c
/`t wosc k. 7f/OS C'goinzaa` Ain !/i. / Z;Lie?7t/ 744 I`7 7
Otca�J Arn� el V.. irs7 7 s are
wit
H. if Application Is for a PUD, provide a statement that generally describes the proposed
development and the market which it intends to serve and its demand In relation to the city's
Comprehensive Plan and how the development Is designed, arranged and operated in order to
permit the development and use of neighboring property in accordance with the regulations
and goals of the city.
I. Applicants for preliminary plat review must provkde with this application the names and
addresses of all adjoining property owners within 350 feet of the subject property.
J. Attach completed copy of applicable submittal checklists) with application.
INVe understand that any work to be done will require reimbursement to the city for any engineering, consulting, mapping
or studies that may have to be done in conjunction with this subdivision. This includes any fees in conjunction with
preliminary or final plats. In addition a check for the appropriate fee(s) must be submitted along with the application. By
signing this application below, IIWe are hereby acknowledging this potential cost.
_ 2 0 /D
Applican natu
Date
Property Owners Signature Date
City of St. Joseph Applostion for Subdivision Rsviw Pao 4
6:10
erosion and flooding potential; soil limitations; and, suitability of the site for the type of
development or use contemplated.
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—
City of St. Joseph
Required Material Submission
Rezoning Material
Completed applications for Rezoning requests and required fees shall be submitted the City of St. Joseph Zoning Administrator at
least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application,
forward the application to other entities for review as required and notify the public as required. Only completed applications will be
accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be incomplete,
notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following
submission of the application.
REQUIRED MATERIALS - The applicant shall provide the following:
MATERIAL REQUIRED COMPLETE COMMENTS
1. Additional written or graphic data reasonably required by y' Yes 1 //
the Zoning Administrator or the Planning Commission as N o # C m f aE: asz t,V
described below: r �
h6 4 �? Zc j. -rxiz 5/ 4Ior✓S
All appli cations must include a narrative of the zoning 91,.. 4, 2E 24 P,r s,e a, ,c y &
request. The Rezoning application must be completed in
its entirety induding the reasons as to why the Planning Gt.St of /4.00 c 7::4111
Commission and City Coundl should approve the request.
'°4"" ire_( /Yet t4A /3 Snais 407 74 !./
VJ+. 02 if -' f /4T 4-hi,6 ed 7`n
7/7e y gin/ Zoos
2. Petition for fifty percent (50%) or greater of the property r y
owners affected by the proposed amendment and fifty A� /A .
percent (50%) of those property owners within three hundred r No ry
fifty (350) feet of the proposed change.
3. Required Fee. $500.00 p Yes
r No
4. Payment of Additonal Fees. •
Vwe understand thad/we are responsible for reimbursing the City for any additional legal, engineering, building inspection or
planning fees associated with my request.
r--
--
Applicant Signature: j 0 �i Q — /D
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1 .ld0.7 .LdYYO
ARCON
att -
DEVELOPMENT, INC.
744 SOUTHCROSS DRIVE WEST • SUITE I03 • BURNSVILLE, MINNESOTA 55306 • PHONE 952/898 -2266 • FAX 952/898 -2289
E -mail: arcon@arcondevelopment.com • www.arcondcvelopmem.com
July 30, 2010
Judy Weyrens, Administrator
City of St. Joseph
25 College Ave. N., P.O. Box 668
St. Joseph, MN 56374-0668
RE: Rivers Bend
Dear Ms. Weyrens,
In response to your question on the existing AUAR for Rivers Bend, I have been in
contact with Westwood Professional Services and they have provided me with the
following information (it is my understanding that William Houston called and gave you
this same information):
• The AUAR for Rivers Bend was updated January 12, 2006 when the school
site was added to the plans for the development and it is good through January
12, 2011. Arcon Development, Inc. will request Westwood Professional
Services to extend the AUAR this fall.
In regards to parkland dedication, we would request the City of St. Joseph grant an
extension for parkland improvements to coincide with development of specific phases in
Rivers Bend as the market improves. We look forward to meeting with the city and park
committee in the future to discuss this issue.
Sincerely,
Larry F
Lar Frank
Project Manager
WE DO MORE THAN DEVELOP LAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS - CONTRACTORS
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\ CITY OF ST. J OSFPH
' ww.cityoJstjoseph.com
September 1, 2010
Jeff Miller
Stearns County Highway Department
Administrator Po Box 246
Judy Veyrens St. Cloud MN 56302 -0246
RE: Rivers Bend Plat 2
Mayor
Al Rassier
• Dear Jeff:
Councilors
Steve Frank Please find enclosed the preliminary plans for a plat entitled Rivers Bend Plat 2. This property
Bob Loso is part of the property owned by Arcon Development adjacent to CR 121 and the Sauk River. It
Renee Symanietz is the intent of the developer to plat a 12 lot single family development on the east side of CR
Dale Wick 121, across from Jade Road. The public hearing for the preliminary plat is scheduled for
September 13, 2010.
Upon review of the materials please submit your written comments to me no later than
September 13 so they may be included with the preliminary plat hearing discussion.
If you have any questions or need additional information feel free to contact me at •
320.363.7201 or by email at iwevrens @citvofstioseoh.com.
Sincerely,
CITY OF ST. JOSEPH
Ilk
J •dy a ens •
d inistrator
•
as College Avenue North PO Box 668 Saint Joseph, Minnesota 5
Phone 3zo.363.7zot Fax 32.o.363.o34z 6.18
•
ORDINANCE 52 — ZONING ORDINANCE
3. A change in the City's zoning regulations which render the use
nonconforming.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six (6)
months from the date of its denial, unless a decision to reconsider such matter is
made by not less than four -fifths (4/5) vote of the full City Council.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court."
Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning
Map.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50 %) or greater of the property owners
affected by the proposed amendment and fifty percent (50 %) of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City's Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
to the Commission for study and report, and the Council shall not act on
the amendment until it has received the recommendation of the Planning
Commission or until sixty (60) days have elapsed from the date of
reference of the amendment without a report by the Planning Commission.
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