HomeMy WebLinkAbout[0000] Memo overview MEMO
TO: St. Joseph City Council
FROM: Susan Kadlec, City Attorney
RE: Notch/Ehlert Rezoning Application
OUR FILE NO.: 31229
DATE: August 24, 2012
I. OVERVIEW OF THE ISSUE.
The Township of St. Joseph — City of St. Joseph Joint Planning Board ( "JPB ") has
recommended approval of the application by Cory Ehlert to rezone 62.5 acres to R -5. The
rezoning will increase the residential density for the property from one single family residential
dwelling unit for the entire site to one residential dwelling unit per acre. The applicant has
identified twelve residential lots of varying sizes to be developed on the property. According to
the applicant, wetlands prevent the development of a greater number of residential lots on the
property.
Under the joint powers agreement, any rezoning prior to annexation must be approved by
both the City Council and the Town Board of Supervisors. The rezoning must be considered at
joint meeting, but each governing body must separately approve the request. Rezoning requires
a simple majority vote by each governing body. Angie Berg of Stearns County Environmental
has confirmed that following rezoning, the subdivision of the property will remain under the
jurisdiction of the JPB because it remains within the boundaries determined under the Orderly
Annexation Agreement.
II. LAND USE CONTROLS.
The following land use controls apply to the property:
(1) Section 9.15 of the Stearns County Land Use and Zoning Ordinance No. 439;
(2) Additional provisions contained in Attachment 2 to the joint powers agreement (the
Memorandum of Understanding);
(3) The City of St. Joseph Comprehensive Plan must be reviewed to determine whether
any proposed uses are in harmony with the plan.
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a. Applying Ordinance Section 9.15
In order to approve the re- zoning, the City Council should first consider whether it will
meet the enumerated purpose of the urban expansion district
9.15.1 Purpose. The purpose of this district is to enable the orderly and efficient
stating of urban services, included wastewater, water, electric, gas, roads
and communications in those areas where cities and townships have
entered into an orderly annexation agreement (OAA). Urban services are
extended more efficiently and land use patterns are more coherent when
cities can grow without being hindered by large lot residential or
commercial development. Residential development may only be allowed
at a low density, not to exceed one residence per forty (40) acres and
agriculture is the primary and preferred land use until annexation.
This district is intended to meet the goals of the Stearns County
Comprehensive Plan by limited barriers to efficient growth of cities and
encouraging joint planning between cities and townships and is
specifically directed by the following Steams County Comprehensive Plan
goals:
A. Manage the impacts of growth and development on the County's rural
character (Land Use Goal 3).
(1) Deter premature development in rural areas and in urban expansion
areas around cities (Objective 3).
B. Use existing infrastructure and resources efficiently (Land Use Goal 5).
(1) Coordinate infrastructure expansion with development; and
encourage development where the infrastructure is adequate to serve
that growth (Objective 1).
(emphasis added).
The property is located within 1000 feet of City sewer and water services. However, the
lots will be developed on private well and private septic systems. The Council should consider
whether a development of this nature will encourage or impair the extension of City services to
the proposed lots in the future, and whether it will encourage or impair the extension of City
services to surrounding or intervening properties.
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The property abuts the location for the further east /west arterial roadway corridor
identified in the St. Joseph Transportation plan. The City Council should consider whether the
proposed development will impair the development of this future east -west arterial roadway.
The Council should also consider whether the proposed development will have an impact on the
extension of other City services, such as fire, police and trash removal, as well as private services
such as electrical, telephone, cable and internet services.
The Council should also consider whether this development is premature. To make this
determination, the Council should consider whether there is a present need for the development
of large residential lots based upon the inventory of available existing residential lots, the
potential time frame for the development of the intervening property, i.e. whether this
development will constitute "leapfrog" or scattered development rather than the staged and
orderly development.
b. Applying the Provisions of the Joint Powers Agreement.
One of the purposes of the Joint Powers Agreement is 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." Section B. 12 of Attachment 2 further sates that
"Any inconsistencies within the OA area will be brought to the attention of the Joint Planning
Board for resolution."
The JPB discussed whether the development contemplated by this application was
consistent with the development in the surrounding area. While there are several similarly sized
residential lots in the vicinity, the lots largely lie within St. Wendel Township, and are not the
result of decisions made by the JPB. This is the first R -5 development to be proposed under the
Joint Powers Agreement and accordingly will be considered a precedent for future development
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proposals within the OA area. The Council should consider whether this application is a
desirable precedent within the OA area. In other words, would the Council be in favor of similar
developments within the OA area.
c. Applying the City of St. Joseph Comprehensive Plan.
Under the Joint Powers Agreement, the proposed use must be in harmony with the City
of St. Joseph Comprehensive Plan. The relevant goals of the Comprehensive Plan are:
1. To collaborate with Stearns County and St. Joseph Township to help ensure
land use decisions in areas likely to become urban in the future are not
counterproductive (e.g. development of subdivisions with decentralized
water /sewer facilities in the orderly annexation area). (Goal #1, Objective
A.1.)
2. Prior to making land use decisions, the City should: (a) Consciously review
planned local and regional transportation systems and how they relate to the
type and intensity of both the land uses proposed and existing/planned
transportation system purpose and type; and (b) promote connections between
housing and centers of employment, education, retail and recreation uses.
(Goal #1, Objective B.2.)
3. The City should conserve natural resources — particularly surface and
groundwater resources — and protect vital natural areas when designing and
constructing local infrastructure and planning land use patterns. (Goal #1,
Objective C.1.).
4. Encourage infill development and redevelopment where possible to maximize
the public's investment in infrastructure. (Goal #1, Objective D.)
5. Provide for a diverse array of housing types and housing locations so as to
prevent the polarization of the community into one age or income group.
(Goal #2, Objective A)
6. The City should pursue the development of safe, healthy and attractive
residential environments which offer a broad choice of housing options
including sufficient life -cycle housing options, sizes and values contributing
to a diverse population and various income levels. (Goal #2, Objective A.1.)
7. The City should approve and permit proposed housing developments in light
of population forecasts, existing housing stock and current and future
community and regional needs, as appropriate. (Goal #2, Object A.3.)
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Section 1 and 2 duplicate the factors applied under the Stearns County Ordinance above. The
Council should consider whether the rezoning would advance the goals and objectives set forth
in 2 through 7 above.
The property in question falls within Planning District Three of the Comprehensive Plan.
Future land uses for Planning District 3 are as follows:
Future land use is expected to be a mix of residential, commercial and industrial
use types and intensities. Future commercial use is anticipated in clusters
adjacent to major intersections. The development type /style will be
complimentary to roadway corridor functions and existing development. Future
residential uses are expected to vary in density (R -1, R -2, R -3, R -4) within this
district....
In compliance with this, the future land use plan map shows that the property has been guided to
commercial use along the planned east/ west roadway corridor, tiering northward to medium
density residential and low density residential. The development contemplates only low density
residential. The Council should consider whether the rezoning will provide for uses consistent
with those identified in the Comprehensive Plan for the property.
Approval of the rezone does not technically require the amendment of the
Comprehensive Plan if the uses are inconsistent because the property is not being annexed into
the City. However, the Council should apply the same standard to this rezoning decision that it
would apply to a request to amend the Comprehensive Plan because such an amendment will be
need in the future when the property is annexed.
III. VOTING PROCEDURE.
The Council will need to adopt written findings of fact to support its decision. It is my
recommendation that each councilmember individually state their vote on each of the findings of
fact and state any reasons they may have for their vote on the finding. Once all of the findings
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have been addressed, the Council should vote on the ultimate question of whether to approve the
rezoning request. This will provide the basis from which to create the written findings, as well
as provide an adequate record in the event the decision is reviewed. The ultimate question should
be supported by a majority of the findings, but need not be supported by all of the findings. The
following are suggested questions for the councilmembers to consider in making proposed
findings:
1. Will the proposed rezoning encourage the extension of City services to the proposed lots
in the future?
2. Will the proposed rezoning encourage the extension of City services to surrounding or
intervening properties?
3. Will the proposed rezoning encourage the development of the future east -west arterial
roadway?
4. Will the proposed rezoning encourage the extension of other City services, such as fire,
police and trash removal, as well as private services such as electrical, telephone, cable
and interne services?
5. Is the rezoning likely to result in premature or "leapfrog" development?
6. Is the development allowed under the R -5 Zone consistent with existing development
within the OA area?
7. Is the development allowed under the R -5 Zone consistent with future development
within the OA area?
8. Is the rezoning in keeping with the goals of the City of St. Joseph Comprehensive Plan?
a. conservation of natural resources,
b. encourages infill development and redevelopment to maximize the public's
investment in infrastructure,
c. provides for a diverse array of housing types and housing locations
d. is desirable in light of population forecasts, existing housing stock and current and
future community and regional needs, as appropriate
9. Will the rezoning provide for uses consistent with those identified in the Comprehensive
Plan for the property?
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JOINT PLANNING COMMISSION
ROMAN L NOTCH REVOCABLE TRUST
Rezoning Hearing
August 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, August 13, 2012 in the St. Joseph Township Hall.
MEMBERS PRESENT:
TOWN BOARD: Jerome Salzer
TOWNSHIP PLANNING COMMISSION: Brenda Stanger, Mike Koltes and Hal Undersander
TOWNSHIP CLERK: Ann Reischl
CITY Council: Renee Symanietz
CITY PLANNING COMMISSION: Rick Schultz, Gina Dullinger and Ross Rieke
STEARNS COUNTY COMMISSIONER: Mark Bromenschenkel
OTHERS PRESENT: Sue Kadlec (City Attorney), Judy Weyrens, Dan Thielman, Cory Ehlert, Marcia & Tom
Thompson, Mary Brutger, Randy & Sue Reischl, Gerry& Jerry Gohmann, Maxine & Bob Prom, Chris Hensel,
Mark Terhaar, Will Huston, Mike Deutz, Craig Hiltner, Darla & Richard Schwegel, Dan Rassier and
Ron Schroden
Variance Hearing: Jerome Salzer, St. Joseph Township Chairman, called the hearing to order at 7:30 p.m.
The Clerk read the Notice of Public Hearing as published and posted:
NOTICE IS HEREBY GIVEN that the Joint Planning Committee of the City of St. Joseph /St. Joseph Township will
hold a public hearing on Monday, August 13, 2012 at 7:30 p.m. in the Town Hall to consider the petition of
Cory Ehlert and Daniel and Darlene Thielman, trustee of the Roman L Notch Revocable Trust, to rezone
approximately 62.5 acres from the Urban Expansion (UE) zoning district to the Residential 5 (R -5) zoning .
district in accordance with Section 4.10 of Stearns County Land Use and Zoning Ordinance #439. The
property in question is described as follows:
The SE'. NE 1/4 and part of the NE X NE 1/4, lying S of 320` St. in Sec 3, St. Joseph Twp (124/29).
The Joint Planning Board, County Commissioner Bromenschenkel, Township Clerk and City Administrator
introduced themselves.
Cory Ehlert stated that Randy Savort, City Engineer on this project, can address all of his requirements and
the purpose of the large cul -de -sac. They are not opposed to dedicating the cul -de -sac or hammer head, but
would prefer it to be on the west of the property for future snow removal.
Rich Schwegel said he has the 2 lots on the east side and it is pretty much wetland.
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Cory Ehlert replied that approximately 8 acres are wetland. The plans are for 12 homes and two septic
locations have been located for each lot.
Sue Reischl wants it on the record that she feels 320 Street has to be added on to, especially by the hill.
Salter stated that is an issue this Board cannot make a decision on as it is a townline road and would involve
the St. Wendel Township.
Chris Hensel asked if the developer had discussed this development with the City of St. Joseph and
questioned if the City can take on the additional services and cost factor.
Cory Ehlert replied that this development is not intending to need city services and the two septic locations
on each lot should be good for 25 years each totaling 50 years. Tim Haeg has worked with the developer on
the location of the septic systems and determined the soil is clay and would require mound systems.
Mark Thompson said they have been looking hard for two years for a lot and could not find lots like these.
The Clerk read the attached letter from Avon Lumber.
Cory Ehlert responded to the letter from Avon Lumber stating Northland Heights involved 84 lots and this
development would only involve 12 lots.
Rich Schwegel questioned the need for another development. Rice, Avon and Sartell thought another
development looked good at the time too. If the development is not successful, it will not go back into
woods and farm land with the road and infrastructure.
Randy Reischl questioned the plans for restructuring wetlands and how it would affect the other area
wetlands.
Cory Ehlert answered they will not reduce or change the wetlands, but will be adding ponding.
Mike Deutz stated he is representing Pete Rothfork and himself and they want no part of dysfunctional
people. They are happy with the Township taxes and want no part of the City.
Chairman Salzer recessed the meeting at 8 p.m. He called the St. Joseph Township regular meeting to order
and recessed it to follow the two public hearings.
Salzer reconvened the public hearing.
Renee Symanietz stated the proposed North Corridor will abut this property.
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Ross Rieke said the Planning Committee would request a second access.
Cory Ehlert responded that the cul -de -sac would provide safety, privacy and community to the residents of
the development. He had talked to Jeff Taufen, St. Joseph Fire Department Fire Chief, and he was OK with
the cul -de -sac.
Mark Bromenschenkel, Stearns County Commissioner, stressed the fact that if this Board has the authority
to make the final decision of rezoning, he would like a second access to this property.
Rick Schultz would like an access out to CR2.
Cory Ehlert pointed out that to the North — St. Wendel Township's Tots are 1 % acres + and to the West there
are 1, 3, 7 and 15 acres. This development would be consistent with the lot sizes. This is the end of the St.
Joseph Township.
Judy Weyrens stated that the City of St. Joseph has an agreement with the City of St. Cloud that they have to
take St. Wendel Township if services are needed.
Jerome Selzer thought it was a good mix as the Rassier area is 1- 2 acres plus and it would be a good fit in
the area.
Brenda Stanger appreciated the concerns of the city and some of the residents, but felt it is a great gift and
it would not be over populating.
Hal Undersander agreed as it fits in and puts a little variety in the area.
Mike Koltes said it a fairly populated area, there is interest in that specific lot size and the layout would have
very little impact of trees.
Renee Symanietz agreed with the City and would require an easement to CR 2.
Rick Schultz said 30 years from now is actually the present planning. 320` Street is only single lanes and is
busy now; therefore right turn lanes should be on the Township's radar now.
Gina Dullinger thinks R -5 would work, but it misses the transitional piece between Pleasant Acres and the
development. The sewer needs would derive from that area. She agreed with Ross Rieke not to nail down a
definite area, but would need a letter of commitment for an easement to the West to CR 2 for a second
access.
Cory Ehlert said if Pleasant Acres would need services he would expect the services would run down the
CR 2 corridor. He doesn't see it coming from CR 133 and then to Pleasant Acres.
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Roman L Notch Revocable Trust Rezoning Hearing
The St. Joseph Joint Planning Board acknowledged the following information in consideration of the request
for Rezoning to allow for the development of a residential subdivision:
1. In 1997 the City of St. Joseph and St. Joseph Township entered into an agreement for Orderly
Annexation (OA) to provide for cooperative future planning of land within the OA area. The
agreement states "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, while encouraging the retention of land in agricultural use.
2. The subject property is currently governed by the OA between the City/Town of St. Joseph and
currently zoned Urban Expansion (UE).
3. The purpose of the Urban Expansion district is to enable the orderly and efficient staging of urban
services, including wastewater, water, electric, gas, roads and communications in those areas
where cities and townships have entered into an orderly annexation agreement. Urban services
are extended more efficiently and land use patterns are more coherent when cities grow without
being hindered by large lot residential or commercial development.
4. The UE district is intended to meet the goals of the Stearns County Comprehensive Plan by
limiting barriers to efficient growth of cities and encourage joint planning between cities and
townships and is specifically directed by the following Stearns County Comprehensive Plan
Goals:
a. Mange the impacts of growth and development on the County's rural character — deter
premature development in rural areas and in urban expansion areas around cities.
b. Use existing infrastructure and resources efficiently
5: On July 2, 2012, Cory Ehlert, developer, and Daniel Thielman representing the Roman L. Notch
Revocable Trust, submitted an application to Steams County Environmental Services to change
district boundaries (rezone) of parcel no. 31.20623.000. The request for rezoning was submitted
to allow the development of a residential subdivision and request R5 Zoning classification. The
request for rezoning was accompanied with an application for concept plan approval, allowing a
cul -de -sac length exceeding the maximum 1320 feet.
6. The application for rezoning was submitted as the proposed development is not consistent with
the Urban Expansion Zoning classification; therefore, R5 Zoning was requested.
7. The purpose of the R5 Zoning district is to provide somewhat limited residential development
opportunity on land that is not highly valued farmland and is located in close proximity to
Lakeshore and municipal expansion areas. The R5 district is a transitional district, and in order to
minimize future land use conflicts, new animal feedlots shall be prohibited and in order to
maintain the area's rural characteristics, cluster development shall be encouraged.
8. The applicant has indicated that the surrounding properties have homes constructed on one (1) to
twenty (20) acre lots, which is similar to the proposed development. The applicant further
indicates that the development will allow the property to remain rural in nature served with rural
section roads and designs. The lots will range from four (4) to eight (8) acres with one residential
home per lot. The proposed development will include higher end housing with protective
covenants. The property proposed for development has previously served as pasture land with a
small portion used agriculturally.
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9. The southern boundary of the proposed development is located within 1000 feet of a residential
subdivision (Northland Heights), located within the City of St. Joseph. Northland Heights is
served by municipal water and sewer.
10. In 2008 the City of St. Joseph, Stearns County and Town of St. Joseph participated in a
transportation study to define a north east/west corridor. The end result of the study identified
alternatives for a corridor between CR 2 and CR 133. The alignment abuts the southern edge of
the property as described above and is classified in the St. Joseph Transportation Plan as a
potential minor arterial.
11. A minor arterial road is characterized as one of regional importance as they relieve, expand, or
complement the principal arterial system. The nature of land uses adjacent is typically medium to
high density. The Transportation Plan includes recommended geometrics for the proposed minor
arterial of a four lane divided roadway with a ROW of 120 — 150 feet with an accompanying trail.
12. The property for which rezoning is requested, is located within Planning District 3 of the St.
Joseph Comprehensive Plan. Due to the proposed minor arterial, the proposed future land uses
are commercial tiering back to medium density residential and then low density residential.
13. In 2009 the St. Joseph City Council authorized the preparation of a Comprehensive Sewer Study.
The purpose of the plan is to identify locations of future sewer sheds and collection facilities for
future annexation areas; provide long range planning for wastewater systems upgrades/expansion
so that proposed construction projects include properly sized sanitary sewers to allow for future
development in a cost effective manner. The proposed development falls within this study
document.
14. In 2006 the City Council authorized and accepted a Water Distribution Model Study. Like the
Sewer Study, the purpose of the document was to plan the future water system for future
annexation areas in a cost effective and efficient manner. The proposed development falls within
this study document.
DECISION AND CONCLUSION
Rick Schultz moved, based on the following Findings of Fact, to recommend approval of rezoning the
aforementioned property from the current Urban Expansion to R5 to the St. Joseph Township Board and the
St. Joseph City Council:
1. The rezoning is requested to allow a large lot residential development and the proposed
development is compatible with adjoining land uses and retains the rural character of the area.
2. The proposed large lot residential development preserves the natural resources of the area such as
wetlands and trees.
3. The rezoning is compatible with the purpose of the Urban Expansion Area managing the impact
of growth and development of the rural area.
4. The proposed development includes a single access for the proposed twelve lots and the
developer indicated that he has discussed the matter with the Fire Chief and he supports the
development with one access point. However, in planning for the future, the developer is
required to provide an easement allowing for a second ingress/egress. The easement shall be at
least 66' in width and located in the southwest quadrant of the proposed plat.
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5. The proposed development may have impacts from the future east/west corridor as identified in
the St. Joseph Transportation Plan. In addition, the proposed development may require
modifications to 320 Street to accommodate the additional traffic.
Jerome Salzer seconded the motion. The motion carried unanimously.
Motion was made by Renee Symanietz, seconded by Rick Schultz and carried unanimously to extend the 60
day period Land Use requirement to an additional 60 days. Cory Ehlert and Dan Thielman agreed to this 60
day extension. The motion carried unanimously. The rezoning material, minutes and recommendation will
be forwarded to the Town Board and City Council for action on August 29 @7:30 p.m. at the Town Hall.
Renee Symanietz moved to table the cul -de -sac request until after the City Council and Town Board have
acted on the rezoning request. Rick Schultz seconded the motion. The motion carried unanimously. The
Board affirmed they will act on the cul -de -sac request immediately after the action of the City Council and
Town Board on the rezoning issue.
Jerome Salzer declared the meeting adjourned at 8:50 p.m.
(1 (c „ ? .4.02427,2
Ann Reischl
Town Clerk
Jerome Salzer Renee Symanietz
Brenda Stanger Rick Schultz
Hal Undersander Ross Rieke
Michael Koltes Gina Dullinger