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HomeMy WebLinkAbout[03] Approve Minutes /05/2012 14:10 111002 1AD F'H'E 01 P.62 February 13, 2012 JOINT PLANNING COMMISSION Melrose Associates, Melrose MN Administrative Subdivision and Rothfork Associates, Melrose MN & St. Joe Sand and Gravel, St. Joseph MN "ST. JOE SAND AND GRAVEL PLAT" February 13, 2012 7:30 p.m. St. Joseph Township Hall Pursuant to due call and notice thereof, the Joint Planning Board for the St. Joseph Township /City of St. Joseph met in regular session on Monday, February 13, 2012 In the St. Joseph Township Hall. MEMBERS PRESENT: TOWN BOARD: Jerome Salzer TOWNSHIP PLANNING COMMISSION: Michael Kokes, Ralph Eiynck and HM Undersander TOWNSHIP CLERK: Ann Reischl CITY Council: Renee Symanietz CITY PLANNING COMMISSION: Rick Schultz, John Meyer and Ross Rieke STEARNS COUNTY COMMISSIONER: Mark Bromenschenkel OTHERS PRESENT: Jeff Janssen, Dan Kron, Judy Weyrens, Lisa & Duane Pfannenstein, Michael Deutz, Paul Rothfork and Gene Lange Administrative Lot Split: Jerome Salzer, St. Joseph Township Chairman, called the hearing to order at 7:30 p.m. to consider the request of Melrose Associates to obtain an administrative lot split to attach approximately 5.45 acres from parcel number 31.20633.0000 to parcel number 31.20636.0000. A second hearing is being conducted to consider the petition of Rothfork Associates and St. Joe Sand and Gravel to approve a preliminary plat, "St. Joe Sand and Gravel ". Surveyor Dan Kron spoke on behalf of the property owners. Kron state that the purpose of the plat is to create a separate parcel for the turkey barns and gravel operation; however, in doing so, the parcel with the turkey barns exceeds the maximum impervious surface regulations. The purpose of the lot split is to add additional acreage to the parcel containing the turkey barns so that the lot is conforming to the Stearns County Zoning regulations. Kron state that he did meet with Stearns County Environmental Services to process the application and it is his understanding that information has been forwarded to the Board for consideration. Board members questioned the process to which Weyrens stated that the Board has two separate actions at this meeting. The first action is to approve /disapprove the administrative lot split which requires a survey of the final parcels. This process does not require a public hearing and once approved, a certificate of compliance will be prepared so that the property division can be recorded. The split before the Board does not have any outstanding items or conditions. 03/05/ 2012 14:10 1111.1012 1AD PAGE [12 P.63 M.elrose Associates, Melrose MN Administrative Subdivision, and R.othfork Associates, Melrose MN & St. Joe Sand and Gravel, St. Joseph MN "ST. JOE SAND AND GRAVEL PLAT" 2/13/2012 Motion was made by John Meyer, seconded by Jerome Sulzer and carried unanimously to authorize execution of a Certificate of Compliance severing 5.45 acres from parcel number 31.20633.0000 and attaching that acreage of 5.45 acres to parcel number 31.20636.0000 to bring that lot in conformance with the Stearns County Zoning Ordinance. Preliminary Plat — St. Joe Sand and Gravel: Chairman Salzer opened the public hearing to consider the preliminary plat entitled: St Joe Sand and Gravel'. Kron stated that the Board previously considered an administrative subdivision split for this parcel and at that time, one of the conditions included a provision that additional property divisions would require the property owner to plat the property. Michael Deutz stated that he would prefer not to plat the property, but he needs an additional lot split. Kron was questioned if the Stearns County Highway Department has reviewed the plat to which he replied they have not yet, but he will contact them before submitting the final plat. Deutz clarified that he is not developing the property as the plat is only being completed for ownership. Selzer questioned Weyrens as to the process, to which she stated that the matter before the Board is a preliminary plat and included in the meeting material is Stearns County's recommendation whereby they recommend the execution of a development agreement along with five other recommendations. Deutz objected to the Development Agreement as he again stated that he is not developing the property, only trying to record a land transaction. He further questioned why be would have to come back to a subsequent meeting. Weyrens state that she has not seen the development agreement and if the Board is comfortable authorizing execution of the agreement without seeing the document, they could approve the final plat and agreement, but that is a decision of the Board. Reischl stated that she did check with the Township attorney and he would be comfortable executing such a document. Motion was made by Rieke to approve the preliminary plat, St. Joe Sand and Gravel, contingent upon the followings 1. Execution of a Subdivision /Development Agreement to include: • a. In order to avoid future impacts to the wetlands within the plat oat. Joe Sand and Gravel the developer agrees that the deminimus exemption found in Minnesota Rules 8420.0420 subpart 8; or successor rules, shall not be used for the purpose of draining or filling wetlands located within the plat. b. A drinking water well shall not be installed or used within the plat, St. Joe Sand and Gravel. c. Property use shall be non - residential only. 2. An ingress /egress easement is required to provide Lot 1 Block 1 access to County Road 2. 3. A. current title opinion or title commitment shall be submitted with the final plat. 4. Complete re- vegetation consisting of working up the soil, adding a .minimum of four (4) inches top soil and seeding. 5. Submittal of a financial guarantee to assure the site is re- vegetated according to the approved plan. 6. The administrative subdivision to attach 5.45 acres to the residual parcel shall be recorded with the final plat. The motion was seconded by Eiynck. /05/2012 14:10 111002 1AE PAGE 0 P.o4 Melrose Associates, Melrose MN Administrative Subdivision, and Rothfork Associates, Melrose MN & St. Joe Sand and Gravel, St. Joseph MN "ST. JOE SAND AND GRAVEL PLAT" 2/13/2012 Discussion: Deutz slated that he is not intending to provide a letter of credit for the re- vegetation nor is he responsible for the completion of such. The last three items listed are matters for the property owner requesting the administrative lot split. Board Members questioned the contingencies listed in the meeting material. Weyrens stated that the contingencies are a recommendation of Stearns County who serves as the Zoning Administrator. It is not uncommon to request an agreement memorializing the terms of the land use action, regardless if the property is to be developed. When questioned who will draft the agreement Reischl and Weyrens were uncertain but they would follow -up so Mat it would be readyfor the March meeting. After considerable discussion 11 was agreed that all the contingencies will be satisfied as if the last three are the requirement of the property owner requesting the administrative lot split they must be completed before the plat is finalized. The motion carried unanimously. Selzer clarified that the next meeting of the Joint Planning Board is March 13, at which time the Final Plat can be executed provided all the documentation is received_ Kron requested clarification as to who will be the signing parties on the plat to which Weyrens stated that she would check and get back to him. He also requested a copy of the draft agreement prior to the meeting so that his client may review and comment. Motion was made by Meyer, seconded by Eiynck and carried unanimously to adjourn. Ann Reischl Town Clerk Jerome Salzer Rick Schultz Ralph Eiynck Renee Symanietz Hal Undersander John Meyer Michael Koltes Ross Rieke