HomeMy WebLinkAbout[04] Board Processes TOWNSHIP OF A , P--
SAINT TOSEPH CITY OF ST. JOSEPH
PO BOX 585 PO BOX 668
St. Joseph MN 56374 St. Joseph MN 56374
320 - 363 -8825 320- 363 -7201
Jweyrens @cityofstjoseph.com
MEETING DATE: March 14, 2011
AGENDA ITEM: Update on Board Processes
SUBMITTED BY: Administration
BACKGROUND INFORMATION: The City, Township and County have approved the new process for
handling planning matters in the Orderly Annexation Area. As you may recall, the City and Township
conducted a joint hearing on October 4, 2010 to present the revised process. Land use applications that
would have required planning commission consideration in the previous Orderly Annexation Agreement
area will now be managed by the Joint Planning Board. The Joint Planning Board shall have final say and
an applicant can appeal through district court. The following is an extract of the agreement identifying
the membership:
Three (3) members from the City Planning Board
a. Three (3) members from the Town Planning Board
b. One (1) member of the St. Joseph City Council.
c. One (1) member of the Town Board.
d. One (1) ex officio member of the County Board or the County Planning
Commission
The following individuals have been appointed to serve on the board:
City of St. Joseph St. Joseph Township
Renee Symanietz (City Council) Jerome Salzer (Township Board)
Rick Schultz (Planning Commission) Brenda Stanger (Township Planning)
John Meyer (Planning Commission) Hal Undersander (Township Planning)
Ross Rieke (Planning Commission) Ralph Eiynck (Township Planning)
Stearns County Ex- Officio — To be determined
All applications for consideration will be processed by Stearns County Environmental Services and when
they have all the information and the application is complete the information will be forwarded to the
City and Township along with the recommendation. If a hearing is required, the notice will be prepared
by St. Joseph Township. The Board will have a regular meeting scheduled the 2' Monday of each
month and if no business is the meeting will be canceled. Packets will be prepared for all meetings and
distributed to the members. Stearns County Environmental Services has prepared flow charts to
illustrate the flow for each process. Those charts have been included for your review.
THIS PAGE INTENTIONALLY LEFT BLANK
TOWN OF ST. JOSEPH RESOLUTION NO.
CITY OF ST JOSEPH RESOLUTION NO.
JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE
TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA
WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town ") and the City
of St. Joseph (hereinafter referred to as the "City"), both located entirely within Steams
County, in the State of Minnesota, have agreed that there is a clear need for a
cooperative future planning effort for the land governed by the two jurisdictions; and,
WHEREAS, to this end, have met extensively in discussion and study of future planning
issues as the Greater St. Joseph Area Committee; and,
WHEREAS, the Town Board and City Council have expressed their desire to encourage
future development of land near the City so as to avail such development of municipal
services as much as is practical;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and
conditions that follow, that the City and Town enter into this Joint Resolution for Orderly
Annexation.
1. Designation of Orderly Annexation Area, The Town and City desire to designate the
area set forth on the map attached (Exhibit 4) and the legal descriptions attached
(Exhibits 1,2 and 3) as subject to orderly annexation under and pursuant to
Minnesota Statutes Section 414.0325.
2. Office of Administrative Hearings Jurisdiction_ Upon approval by the Town Board and
the City Council, this Joint Resolution shall confer jurisdiction upon the Chief
Administrative Law Judge of the Office of Administrative Hearings (hereinafter
referred to as the "Office of Administrative Hearings ") so as to accomplish said
orderly annexations in accordance with the terms of this Joint Resolution.
3. No Alterations of Boundaries. The Town and City mutually agree and state that no
alterations by the Office of Administrative Hearings of the stated boundaries of the
area designated for orderly annexation is appropriate.
4. Review and Comment by the Office of Administrative Hearings. The Town and City
mutually agree and state that this Joint Resolution and Agreement sets forth all the
conditions for annexation of the areas designated, and that no consideration by the
Office of Administrative Hearings is necessary. The Board may review and comment,
but shall, within thirty (30) days, order the annexation in accordance with the terms of
this Joint Resolution.
5. Planning and Land Use Control Authority. The Town and City mutually agree and
state that within thirty (30) days of the effective date of the order establishing the
Orderly Annexation area, a board will be established to exercise planning and land
use control authority within the designated orderly annexation area pursuant to
Minnesota Statutes, Section 414.0325, Subdivision 5c, in the manner prescribed by
Minnesota Statutes 1976, Section 471.59, Subdivision 2 through 8, inclusive. The
Town and City have executed a Memorandum of Understanding (MOU) cooperating
with Stearns County to administer zoning regulations for the purpose of ensuring
better consistency in land use regulations and in the implementation of the same.
In accordance with the executed MOU as referenced above the Town and City will
create a Joint Planning Board which shall have exclusive authority over and use and
zoning issues within the OA area. Any issues that would normally come before the
Planning Commissions of either the City or the Town that involves land within the
boundaries of the orderly annexation area described in Section One prior to
annexation will be heard by a Joint Planning Board.
Membership of this Joint Planning Board shall be as follows:
A. Three (3) members from the City Planning Board
B. Three (3) members from the Town Planning Board
C. One (1) member of the St. Joseph City Council.
D. One (1) member of the Town Board.
E. One (1) ex officio member of the County Board or the County Planning
Commission
The Joint Planning Board shall serve as the "goveming body" and "board of appeals
and adjustments" for purposes of Minnesota Statutes Section 462.357 and 462.358
within the orderly annexation area. The Joint Planning Board shall have all of the
powers contained in Minnesota Statutes Section 462.351 to 462.364, and shall have
the authority to adopt and enforce the Uniform Fire Code promulgated pursuant to
Minnesota Statutes Section 299F.011.
The responsibilities of the Joint Planning Board are those identified in the MOU
referenced above and attached as Exhibit 5.
6. Applicable Land Use Controls: Prior to annexation, land use controls for the area
designated for orderly annexation shall follow the terms and conditions outlined in
the MOU referenced above and attached as exhibit 1; following annexation and upon
the Town and City receiving notification from MN Planning that the annexation has
• been ordered, the ordinances of the City shall control. At this time the City shall
serve as the "governing body."
7. Tax Rate for Annexed Property: When undeveloped land is annexed for the purpose
of development, the City tax rate shall not apply until a plat has been recorded at the
Steams County Recorder's Office. Until that time the Town tax rate for the Urban
Expansion District shall be used. All other properties annexed shall be taxed at the
City tax rate upon completion of annexation.
8. Municipal Reimbursement. The City and Town mutually agree and state that,
pursuant to Minnesota Statutes 414.036, a reimbursement from the City to the Town
shall occur for the taxes collected on land annexed into the City, according to the
following conditions:
A. All reimbursement will be based on the valuation and tax capacity of the land
as it exists in the Town at the time of its annexation.
B. The reimbursement on said land shall be based on a five (5) year schedule
with a percentage of base taxes reimbursed to the Town as follows:
Year 1 60%
Year 2 50%
Year 3 40%
Year 4 30%
Year 5 20%
C. At the sixth year, and every year thereafter, all pertinent tax revenues will be
the property of the City.
D. Any circumstances of extreme undue hardship may be cause for re-
negotiation of this section on a case -by -case basis.
9. Conditions for Orderly Annexation.
A. • Zones 1, 2 and 3 in Prior Annexation Agreements.
The December 18, 1997 Annexation Agreement between the City and Town
contain three zones which were to be annexed into the City over differing periods
of time. The City and Town desire to maintain the zones for purposes of this
Agreement. The zones are designated as:
ZONE PROJECTED LIFE LEGAL DESC. MAP
Zone 1 0-1 Year (1997 -2002) Exhibit 1 Exhibit 4
Zone 2 6-10 Years (2003 -2007) Exhibit 2 Exhibit 4
Zone 3 11 - Years (2008 -2017) Exhibit 3 Exhibit 4
The City will continue to make reasonable efforts to provide and plan for the
possible extension of services into each zone within the projected life of each
zone. Once the projected life of a zone has expired, such as is the case for Zone
1, the City may annex the property on the City's own petition for annexation and
the annexation shall not be subject to the annexation petition requirements in
paragraph 7B below, and shall not be subject to the Criteria for Annexation in
paragraph 7C [1] below. The Township shall not object to such annexation
petition by the City.
Zone 2 will expire on December 31, 2007. Zone 3 will expire on December 31,
2017.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 78 below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 2 until December 31, 2007, or unless it is
ordered to provide sanitary sewer and/or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 7B below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 3 until December 31, 2017, or unless it is
ordered to provide sanitary sewer and /or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
For all areas within the annexation area between the City and Town which are
not a part of Zone 1, Zone 2 and Zone 3, the City agrees not to petition for
annexation of any area unless a petition of property owners for annexation has
been filed with the City pursuant to paragraph 7B, Annexation Petition
Requirements, and the Criteria for Annexation as established in paragraph 7C of
this Agreement has been met.
B. Annexation Petition Requirements.
Subject to the exceptions in paragraph 7A above, the owners of at least sixty (60)
percent of the parcels of property in the affected area must petition in order for
the annexation to be considered.
If the owners of sixty (60) percent or more, but Tess than one hundred (100)
percent of the parcels of property in the affected area petition for annexation, a
joint hearing of both the Town Board and the City Council shall be called to
consider the petition. The petition shall not be approved unless both the Town
Board and City Council, voting as separate boards, approve the petition seeking
annexation.
If the owners of one hundred (100) percent of the parcels of property in the
affected area petition for annexation, the City Council will, as an agenda item at
their next regular Council meeting, review the petition for consideration of
annexation.
C. Criteria for Annexation.
Subject to the exceptions set forth in paragraph 7A above, the City and Township
agree that, unless both the Township and City mutually agree to consider a
specific annexation request, property will not be annexed unless all three of the
criteria stated below are satisfied:
1. A petition for annexation has been received and either 100% of the
property owners have petitioned to do so, or the subject property
has completed the hearing process as hereinafter set forth, with
approval of the proposed annexation being obtained from both the
City and Township; and
2. The property for which annexation is sought is contiguous to the
City Limits. For the purposes of this requirement, "contiguous" shall
mean:
a. That the property is sought to be annexed abuts
property within the City; or
b. That the property sought to be annexed would abut
property within the City, but for the existence of an
intervening road right -of -way, the existence of the body
of a river or the existence of the body of a lake. A road
right -of -way (other than as if traversed across its width
to get to the property to be annexed as provided for in
this paragraph) shall not be used as a basis for a
finding that said property abuts or is contiguous to
property within the City; or
c. If only an apex of the property sought to be annexed
abuts property within the City; and
3. The City has immediate ability to extend water and sewer services
to the subject property and the property owner has a good faith
intent to immediately plat the property for which annexation is
sought. That following annexation, but before a building permit is
issued by the City for the construction of any structures thereon,
City water and sewer services must be provided to the structure for
which any budding permit is sought.
In the event that the City and Township mutually agree to consider an
annexation request that does not meet all three (3) criteria established above,
•
at least 60% of the affected property owners must submit a petition for
annexation. In that event, a joint hearing of both the Town Board and the City
Council shall be called to consider and act on the petition. The petition for
annexation shall not be approved unless both the Town Board and the City
Council, voting as separate bodies, approve the petition seeking annexation.
10. Periodic Review. The City and Town mutually agree and state that a periodic review
of this agreement is to be conducted beginning three (3) years after the effective
date of this agreement and every three (3) years thereafter. The Joint Planning
Committee as described in Section 5 of this agreement shall be responsible for
conducting this periodic review, and shall present a report of said review to both the
City Council and Township Board for their consideration of any recommendations.
11. Authorization. The appropriate officers of the City and Town are hereby authorized to
carry the terms of this Joint Resolution into effect.
12. Severability and Repealer. A determination that a provision of this joint Resolution is
unlawful or unenforceable shall not affect the validity or enforceability of the other
provisions herein. Any prior agreement or joint resolution existing between the
parties and affecting the property described in the attached Exhibits shall be
considered repealed upon the effective date of this Joint Resolution.
Upon adoption of this Orderly Annexation Agreement by the City of St. Joseph and
Township of St. Joseph, and approval by the Office of Administrative Hearings, the
Joint Resolution as to Orderly Annexation, City of St. Joseph and Township of St.
Joseph, dated October 2, 1975 and subsequently amended by joint resolution
approved by the City of St. Joseph on April 16, 1987, and approved by the Town of
St. Joseph on April 27, 1987 and subsequently amended by joint resolution
approved by the City of St. Joseph on December 18, 1997 and approved by the
Town of St. Joseph on December 29, 1997, shall hereby be consideredlrevoked by
the provisions of this Agreement.
13. Effective Date. This Joint Resolution shall be effective upon adoption by the
governing bodies of the City and Township and approved by the Office of
Administrative Hearings.
Approved the day of , 2010, by the Town Board of the Town of
St. Joseph.
Chair
Clerk
Approved the day of , 2010, by the City Council of the City of
St. Joseph.
Mayor
Clerk/Administrator
Exhibit 1
0 — 5 Year Urban Service Area
Section 02 -124-29
S'Y - SW' /. West of CR 133
Section 03-124-29
So. 10AofNE % -SE' /.
SE % -SE
So. 30AofSWY, -SE%
So. 30AofSE /. -SW' /.
SW'/ - SW'/
Section 04-124-29
SE'/ - SE % No. of Sly R of Railroad
Section 09 -124-29
NE % - NE'/ No. of Sly of Railroad
E'A So. Of CSAH 75 Sly RIW Less City
S - SW %Eof1- 94 Ely RIW
Section 10 -124-29
E i4 - NE % No. of Nly R/W of Railroad Less City
NE % - NW Y, Less City
W 4- NW % Less City
SE ''A - SW 1/4 Less City
S'A - SE 1/4 Less City
Section 11- 124-29
W'h - NW' /. Less City
E'/z -SW'' %Less City
Section 14 -124-29
N % - NW 'A Less City
Section 15- 124-29
N' ,4- NE % Less City
NW % -NW %Less City
NE'/ -NW %Less City
Exhibit 2
6 —10 Year Urban Service Area
Section 02 -124-29
W% -SE'/.
NE'/. - SW'/.
E%- NW % -SW'/.
Section 03-124-29
WY -NE%
NW '/
NW'/. - SW' /.
NE'/. -SW%
NW' - SE %
No. 10AofSE'A -SW' /.
No. 10AofSW'A. -SE'/.
Section 04-124-29
NE'/ -SE%
NW % - SE'/ E of So. Fork Watab River
SW% -SE%
SE % - SE % So. of Sy R/W of Railroad
Section 09-124-29
E'A - NE % So. of Sy R/W of Railroad and No. of Ny RNV of CSAH 75 Less City
Section 11 -124-29
W'A -E'
Section 14-124-29
NW'/ - NE'/
W 792 Ft SW % - NE 'A Less Triangle, Containing 20 A.
S% -NW'/.
N'r2- NW'/+ -SW'/.
N'r4- NE % -SW'/
Section 15 -12429
NW'/. - NW'/. Less City
S'A - NW%
N% -SW' /.
Section'/. - SW 'A
Section 16 -124-29
N Y - NE 1/4 Less City
S''A - NE'A E of Ey RNV I -94
NW '/ E of Ely R/W 1 -94
SE % of Ely R/W 1 -94
Exhibit 3
11— 20 Year Urban Service Area
Section 01- 124-29
Entire Section
Section 02- 124-29
NE%
NW Y
W%- NW% -SW%
E'4 -SEY4
Section 03- 124-29
E'r4 -NE34
NE %- SEA Less Sly 10A
Section 11 -124-29
E % - E'A
Section 12- 124-29
Entire Section
Section 13- 124-29
That part of Section 13 North of the Sauk River
Section 14- 124-29
That part of Section 14 North of the Sauk River described as follows:
E % -NE%
E 792 Ft SW % - NE' Less Triangle, Containing 20 A
SE %
S% -SW' /,
S%- NW% -SW
S%- NE% -SWY4
Section 15- 124-29
S'A -NEY4
SE'/
SE % -SW%
Section 21- 124-29
That part of Section 21, Northeast of Interstate Highway 1 -94
Section 22- 124-29
That part of Section 22, Northeast of Interstate Highway 1 -94 and North of the Sauk
River
Section 23- 124-29
That part of Section 23 North of the Sauk River
Exhibit 3 - Cont'd
11 - 20 Year Urban Service Area
Area added 2006
Section 04-124-29
NW'/
NE %
SW%
NW % of the SE'/ Tying West of the centerline of the Watab Creek
Section 05-124-29
That part lying easterly and northeasterly of the easterly and northeasterly right - of-way
line of
Interstate Highway Number 94
Section 0 8-12429
That part lying easterly and northeasterly of the easterly and northeasterly right - of-way
line of
Interstate Highway Number 94
Section 09- 124-29
NW "/.
N 14
EXHIBIT 4
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EXHIBIT 5
MEMORANDUM OF UNDERSTANDING
MEMORANDUM
OF
UNDERSTANDING
Revised November_, 2010
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STEARNS
THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH
(JOINT POWERS AGREEMENT)
WHEREAS, Stearns County Land Use and Zoning Ordinance, Number 439 was
effective June 22, 2010; and
WHEREAS, Section 1.4 of Stearns County Land Use and Zoning Ordinance Number
439 states that this Ordinance shall apply to all areas in Stearns County, Minnesota,
"except as otherwise provided in law"; and
WHEREAS, Section 9.15 of Stearns County Land Use and Zoning Ordinance
Number 439 (Attachment 1 hereto) addresses land use controls applicable in areas
subject to orderly annexation areas;
WHEREAS, the final plat requirements of Section 5.5 of Stearns County Subdivision
Ordinance Number 230; or successor ordinance, shall apply within the Town of St. Joseph
orderly annexation areas; and
WHEREAS, Minnesota Statutes, Section 414.0325, subd. 5 provides that a joint resolution
may provide for the establishment of a board to exercise planning and land use control
authority within any area designated as an orderly annexation area; and
WHEREAS, the City of St. Joseph (the "City") and the Township of St. Joseph (the
"Township") have signed such a joint resolution designating a portion of the Town of St.
Joseph as an orderly annexation area ("OA area "), and in addition, have created the Township
of St. Joseph - City of St. Joseph Joint Planning Board ( "Joint Planning Board"), which has
exclusive authority over land use and zoning issues within the OA area; and
WHEREAS, Stearns County (the "County") the Township and the City desire to enter into a
Memorandum of Understanding in order to provide an opportunity to cooperate in
administering zoning within the OA area for the purpose of ensuring better consistency in land
use regulations and in the implementation of those regulations; and
WHEREAS, Minnesota Statutes Section 462.371 provides that any two or more counties,
cities or towns may enter into an agreement under Minnesota Statute Section 471.59 for
the conduct of regional planning activities under the Municipal Planning Act; and
WHEREAS, the County, the Township and the City desire to enter into this Memorandum of
Understanding as a joint powers agreement under Minnesota Statute Section 471.59 to ensure
mutual understanding of each party to this Memorandum of their respective duties and
responsibilities related to land use issues; and
WHEREAS, the County, the Township and the City desire to streamline processes and
provide efficient level of services to its residents by allowing the County to administer the
applications in the OA area for items involving platting, administrative subdivisions, rezoning,
variance/administrative appeals, and interim use and conditional use permits. The County will
review applications for compliance, collect application fees, publish required legal notices, and
will provide recommendations to the Joint Planning Board for consideration herein described
in the Attachment 2; and
WHEREAS, the County will act as the Zoning Administrator, reviewing and overseeing all
relevant zoning related matters in the OA area. They will administer all provisions of Steams
County Ordinances; or successor ordinances within the OA area of the OA area that are not
specifically administered or enforced by the Township through this memorandum of
understanding; and
WHEREAS, the Township will provide building, fire, and electrical code inspection services
in the OA area; and
WHEREAS, all applicable Stearns County Regulations apply to the OA area unless otherwise
specified through the Orderly Annexation Agreement or Memorandum of Understanding; and
WHEREAS, the Joint Planning Board will consist of eight members and one ex- officio
member as follows: one member from St. Joseph Town Board, three members from St. Joseph
Town Planning Commission, one member from City of St. Joseph City Council, and three
members from the City of St. Joseph Planning Commission, and one ex- officio member from
the Stearns County Board or Stearns County Planning Commission, will have final authority
on all zoning matter described in Attachment 2 in the OA area; and
WHEREAS, upon adoption of this Memorandum of Understanding by the City, the Township
and Stearns County, the previous MOU executed by the participating entities on the following
dates:
City of St. Joseph , 20
Township of St. Joseph ,20_
Stearns County , 20 _
shall hereby be considered rescinded and superseded by the provisions of this agreement.
NOW THEREFORE IT IS AGREED, by the County, the Township and the City to
cooperate in administering their land use controls as set out in Attachment 2 of this
Memorandum of Understanding. In considering land use applications the following additional
provisions will apply:
1. The land use controls for the OA Area shall be the Stearns County Urban
Expansion District (Section 9.15 of the Steams County Land Use and Zoning
Ordinance No. 439) (Attachment 1), except as limited in Attachment 2.
2. No property within the OA Area shall be rezoned prior to annexation without the
approval of both the City and the Township.
3. Additional uses that may be allowed in the OA Area by Conditional Use Permit or
Interim Use Permit, shall be those as identified in Attachment 3 which are
identical to the uses allowed in the City of St. Joseph Code of Ordinances.
County of Stearns
Date: By:
, Chair
Stearns County Board of Commissioners
Date: , Attest:
Randy R. Schreifels
Stearns County Auditor - Treasurer
Clerk Steams County
Township of St. Joseph
Date: By
Board Chair, Township of St. Joseph
Date: Attest:
Town Clerk, Township of St. Joseph
City of St. Joseph
Date: By
Mayor, City of St. Joseph
Date: Attest
City Administrator /Clerk, City of St. Joseph
•
ATTACHMENT 1
SECTION 9.15
STEARNS COUNTY LAND USE AND ZONING ORDINANCE
ATTACHMENT 2
A. Land Use and Zoning Ordinance Provisions
1. Residential accessory buildings shall meet the road setbacks and in no case
shall they be located closer to the road than the residential dwelling.
2. No residential accessory building shall be located on a lot prior to the location
of a residential dwelling on the same lot.
3. Any manufactured home to be used as a residential dwelling unit and located
within the Urban Expansion Zone shall be no less than 24 feet in width and
shall bear the Seal of Compliance issued by the State of Minnesota. Residential
dwelling units shall be no less than 24 feet in width.
4. The transfer of residential development rights within the Township is
prohibited in the OA area.
5. The transfer of residential development rights from another Township into St.
Joseph Township is prohibited in the OA area.
6. The transfer of residential development rights from St. Joseph Township into
another Township is prohibited in the OA area.
7. The following uses (as such are defined in the Stearns County Land Use and
Zoning Ordinance) which are permitted or provisional uses in the Urban
Expansion District shall require a conditional use permit in the OA Area:
a. Antennas — TV/Radio Receiving, Short Wave/Private Transmitting
b. Essential Services, Transmission Services and Utility Substations
c. Animal Feedlot expansions
d. Bed and Breakfast Inns
e. Government administrative and service buildings
f. Home extended businesses
g. Home occupations
h. Outdoor recreational facilities
i. Accessory agricultural buildings that are accessory to an Agricultural
Operation
j. Accessory residential buildings
k. Kennels — private
1. Solar systems
m. Structures related to public airports
n. Any other uses determined by the Joint Planning Board to be similar in
nature and impact to the permitted or conditional uses enumerated
herein and which are in harmony with the City of St. Joseph
Comprehensive Plan.
8. The following uses as such are defined in the Stearns County Land Use and
Zoning Ordinance) which are permitted or provisional uses in the Urban
Expansion District shall require an interim use permit in the OA Area:
a. Temporary uses /Special Events
b. All uses under Section 9.15.7 of the Stearns County Land Use and
Zoning Ordinance
c. Any other uses determined by the Joint Planning Board to be similar
in nature and impact to the conditional or interim uses enumerated
herein and which are in harmony with the City of St. Joseph
Comprehensive Plan
B. Administrative Roles & Responsibilities
1. The County shall review all applicable Ordinances, in the OA area, determining
the appropriate levels of approval necessary for the applicant to proceed. They
will review the applications for compliance and determine whether there is
sufficient information for them to proceed.
2. The County will administer the applications in the OA area for items involving
platting, rezoning, variance/administrative appeals, administrative subdivisions,
interim use and conditional use permits. The County will review applications
for compliance, collect application fees, develop the required legal notices,
send the notification labels to the Township, and will provide recommendations
to the Joint Planning Board for consideration. The County will collect the
entire application fee and will reimburse the Town and the City their portions
of the fee. The County's fee will consist of staff time and materials.
3. The Township will set the public hearing for the Joint Planning Board by
sending out property owner notifications on joint City/Township letterhead.
The County will send the notification to the official newspaper for publications.
The Town and the City will post the public hearings in their respected
jurisdictions.
4. The County will review any preliminary plat application with the Stearns
County Platting Committee. The committee will provide the notice of the
meeting to the City and the Township.
5. The County will forward the application and the Department's review to the
City and Township for consideration at the Joint Planning Board public
hearing.
6. Th e County will forward recommendations to the Township and the City.
Recommendations will be based on the County's review of applicable
regulations that apply to the OA area. Additional recommendations from the
Township and the City can also be included based on any additional applicable
regulations they have that would potentially impact the OA area.
7. The Township and the City will schedule bi- monthly meetings to be held on an
as needed basis for the Joint Planning Board. The Town Board and the City
Council shall establish fees for regular and special meeting of the Joint
• Planning Board.
8. The Joint Planning Board will serve as the Board of Adjustment in the OA area
and shall hold the public hearings on all applications for conditional use /interim
use permits, variances, rezonings, platting, administrative subdivisions and
administrative appeals. Except for rezonings, the Joint Planning Board who
will have final authority on all matters listed above except that any aggrieved
person or persons shall have the right to appeal within thirty (30) days, after
receipt of notice of the decision, to the Steams County District Court. The Joint
Planning Board shall serve as an advisory board and shall make
recommendations on rezonings which shall be submitted to the Township and
the City for final decision. Rezonings shall require the approval of both the
Township and the City at a joint meeting.
9. The City and the Township will alternate staffing the Joint Planning Board
meetings. Each party will agree to rotate the responsibility on an annual basis
and will prepare agendas, take the minutes of the meetings, and handle the
appropriate paper work associated with the meeting including notifying and
recording the necessary permits associated with the action of the Joint Planning
Board.
10. The County will issue site construction permits, and will issue preliminary
enforcement letters to anyone not in compliance with the provisions set forth in
zoning regulations or any other additional restrictions established by the Joint
Planning Board. Further enforcement actions will be brought before the Joint
Planning Board. Any relevant information will be forwarded to the Township
and the City.
11. The Township shall issue all building permits, and conduct building
inspections for each permit issued. The Township will provide the County and
the City with copies of permits and inspection reports for any permit issued
therefore on a monthly basis.
12. Any inconsistencies within the OA area will be brought to the attention of the
Joint Planning Board for resolution.
13. Any ordinance revisions affecting the OA area shall be reviewed by the Joint
Planning Board prior to adoption.
14. The Joint Planning Board shall regularly review the City of St. Joseph
Comprehensive Plan.
15. This Memorandum of Understanding may be terminated by mutual agreement,
however, if the parties are unable to mutually agree, then any party can
unilaterally without cause terminate the Memorandum of Understanding on
ninety (90) days written notice.
16. The parties shall obtain liability coverage for the activities to be conducted by
the Joint Planning Board. The cost of such coverage shall be split equally by
the City, the County and the Town.
ATTACHMENT 3
The purpose of this attachment is to identify future land uses for property in the OA
Area. The areas have been identified with a Planning District Number which
corresponds to the City of St. Joseph Comprehensive Plan. The uses allowed in the
district are the same uses identified in the City of St. Joseph Code of Ordinance.
When reviewing a land use application in the OA Area, the documents listed above
should be reviewed to assure that permitted uses have not changed. This attachment is
an illustration of uses at the time of execution of this agreement and are subject to
change as the documents are amended.
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