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HomeMy WebLinkAbout2010 Amended Orderly Annexation Agreement6 OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA Document: A1338765 Certified, Filed, and /or Recorded on 100 March 04,20113:23 PM �- DIANE GRUNDHOEEER STEARNS COUNTY RECORDER OFFICE OF REGISTRAR OF TITLES STEARNS COUNTY, MINNESOTA Document: T36820 Certified, Filed, and /or Recorded on v March 04, 20113:23 PM 0 Torrens Listed Beim Certificate: DIANE GRUNDHOEFERr REGISTRAR OF TITLES Certificate Book Page -4088 13 268 4094 13 274 4386 14 257 5072 16 312 5436 L17 359 5467 18 5 5628 18 166 6236 20 155 6481 21 100 6632 21 251 7481 24 200 7482 24 2010 7485 24 204 7492 24 211 7493 24 212 7+494 24 213 L - 4 2011 CHREIFELS AUDITOR �1`1 ast�►. SC of.,6L TOWN of ST. JOSEPH RESOLUTION NO. 2010-001 CITY OF ST JOSEPH RESOLUTION NO. 2010-038 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 govemed 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 Hearin s 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. Rev' wand omment by _tb2 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. Plannin g and Land Use Control Authorily. 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 J�IX�SW.�DF S7• SCttAOf 31 e i 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 M o U as referenced above the Town and City will create a Joint Planning Board which shall have exclusive authority over land 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 "governing body" and "board of appeals and adjustments" for purposes of Minnesota Statutes Section 462.357 and 452.358 within the orderly annexation area. The Joint Planning Board shall have all of the. powers contained in Minnesota Statutes Section 462.351 to 452.354, and shall have the authority to adopt and enforce the Uniform Fire code promulgated pursuant to Minnesota Statutes Section 29917.011. The responsibilities of the Joint Planning Board are those identified in the Moll referenced above and attached as Exhibit 5. 5. 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 "goveming body." 7. Tax Rate for Annexed Pro a 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 Stearns county Recorder's office. Until that time the Town tax rate for the Urban Expansion District shall be used. All other properties annexed sham 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 414.035, 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. .3J SCR -3 CJ- - 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, Zone 1 0 -1 Year (1997-2002) Exhibit 1 Zone 2 6-10 Years (2003 -2007) Exhibit 2 Zone 3 11 -20 Years (2003 -2017) Exhibit 3 MAP Exhibit 4 Exhibit 4 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 f led with the City pursuant to paragraph 9B below, and the criteria for annexation as established in paragraph 9C 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 M PCA 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 9B below, and the criteria for annexation as established in paragraph 9C below of this agreement is met, the City agrees not to petition for SCR y of �?� 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 9B, Annexation Petition Requirements, and the Criteria for Annexation as established in paragraph 9C 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 less 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 • SCR__ of - r 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 building 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 50% 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. Severabilily 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 �0 SCR of. ova' Town of St. Joseph on December 29, 1997, shall hereby be con side redirevoked 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 20109 by the Town Board of the Town of St. Joseph. !1101 dF qs • Je reyJ ns if n, chair Anna Reischl, Clerk, ON • 1 *asst+'' r Approved the day of �� , 2010, by the City counc' a City of St. Joseph. r • 1 Al Rassier, Mayor �• ..: rti ti a Ju VN revs, Adm' istFa .� or r r• ti SCR_.! of -S I Exhibit 1 0 — 5 Year Urban Service Area Section 02- 124-29 S '/z - SW '/ West of CR 133 Section 03- 124-29 So. 10 A of NE 'I - SE 'I SE'I -SEY So. 30 A of SW - SE So. 30AofSE'I -SW 1/ SW '4 - SW V4 Section 04- 124-29 SE Y4 - SE % No. of Sly R of Railroad Section 09- 124-29 NE l - NE '/ No. of Sly of Railroad E '/2 So. Of CSAH 75 Sly R1W Less City S % - SW '/ E of I -94 Ely RNV • Section 10- 124-29 E Y2 - NE % No. of Nly R/W of Railroad Less City NE '/ - NW % Less City . W' /z - NW % Less City SE % - SW '4 Less City S % - SE '4 Less City Section 1 1 - 124-29 W % - NW Y4 Less City E % - SW '/ Less City. Section 14- 124-29 N '/s - NW '/ Less City Section 15- 124-29 N Y2 - N E Y4 Less City NW 1/ - NW !Less City NE V4- NW X Less City SCR 8 of w3j._ Exhibit 2 6 —10 Year Urban Service Area Section 02- 124-29 WI % - SE 'r NE SW E% NWY4 -SW Y4 Section 03- 124-29 r r T'T-----2> W '/2 - N E '/ FT r '/ NW 'I - SW '/ NE '/ - SW '/ NWT -SEr No. 1gAofSE -SINX No. 10AofSW1/ -SE% Section 04 -12429 NE' / - SE 1/ NW 4 - SE '/ E of So. Fork Watab River . SW' / -SE'/ SE 'r - SE '/ So. of Sly RIW of Railroad Section 09- 124-29 E % - NE r So. of Sly RfW of Railroad and No. of Nly RIW of CSAH 75 Less City Section 11- 124-29 INS -E 2 Section 14- 124 -29' NW'/ -NE'/ W 792 Ft SIN '/ - NE '/ Less Triangle, Containing '24 A. S ' NW 1/ N NW '/ - SW '/ NY2- NE' / -SW% Section 15- 124-29 NW '/ - NW % Less. City S % -NW'/ N% - SIN 1/ Section '/ - SW '/ Section 15 -12429 N Y2 NE Y4 Less City S- NE '/ E of Ely R/W 1 -94 NW '/ E of Ely RAIV 1 -94 SE % of Ely RIM 1 -94 SCR of ?I Exhibit 3 11 — 29 Year Urban Service Area Section 01-124-29 Entire Section Section 02- 124-29 NE '/ NW W'/2 - NW 'l - SW '/ Erb - SEA Section 03- 124-29 EY2 -NE'/ - NE % - SE '/ Less Sly 10 A Section 1 -1- 124-29 EY2 -EY2 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 Y E.792 Ft -SW Y4- NE '/ Less Triangle, Containing 20 A SE S+ ' - Sill) % SY2- NW14 -SW "I S f2 -NE's -SW Section 15- 124-29 SY2 -NEVI SE '/ SE Y4- SW Y 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 I -94 and North of the Sauk River Section 23- 12429 That part of Section 23 North of the Sauk River SCR P l ufftm-l- 1 Exhibit 3 - Cont'd 11 - 20 Year Urban Service Area Area added 2006 Section 04- 124-29 NW Y NE '/ SW '1 NW 'I of the SE '/ lying West of the centerline of the Watab Creek Section 08- 124-29 That part lying easterly and northeasterly of the easterly and northeasterly right -of -way line of Interstate Highway Number 94 Section 08-124-29 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 '/ NY2 EXHIBIT 4 MAP SCR-LQ�-oL 31 fiC° 13 d.41 EXHIBIT 5 MEMORANDUM OF UNDERSTANDING SCR Of zi. MEMORANDUM OF UNDERSTANDING Revised December 2, 2010 SCR of. 3L 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 WTHMAS, 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 471.53 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 inh+d'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 subdivisivns,.rezaning, 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 Stearns County Ordinances; or successor ordinances within the OA area of the OA area that are not SCR-J 60 f ��� 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 March 11, 2002 Township of St. Joseph March 11, 2002 Stearns County March 19, 2002 shalt 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: I . The land use controls for the OA Area shall be the Stearns County Urban Expansion District (Section 9.15 of the Stearns County Land Use and Toning Ordinance loo. 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 is identical to the uses allowed in the City of St. Jos h Code of Ordinances. County of Stearns Date: I'Alalllo By: 1. Chair Steams Co Boaz of nets or Date: A*atilo Attest: Racidy R. ifels Stearns 0 Auditor - Treasurer Clerk Stearns County • SCR 1-7 of 31 I Date.- Hate: 2// ILe Date: /"A/,h 1/D Date: Township of St. Joseph.. . y 1 ~ I S • r By: • i4ffey ! r: en Board Chai Towns i "bf.St. Joseph Attest. Anna Reischl ro.�o Clerk Township of St. Joseph City of St. Joseph By: ... t Al Rassier, Mayor City of St. Joseph 1 Atte ...- = C dy a s, dminist tar City o St. Joseph ' ScR__ IF 0 f431 10 ATTACHMENT 1 SECTION 4.15 STEARNS COUNTY LAND USE AND ZONING ORDINANCE ,t r w r r a - r t 1 r• ti - 1 i ob SCR of Stearns County Land Use and Zoning Ordinance - This Section last amended Oct. 5, 2010. 9.15 Urban Expansion District (UE District) 9.15.1 Purpose The purpose of this 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 (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 (4o) 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 limiting barriers to efficient growth of cities and encouraging joint planning between cities and townships and is specifically directed by the following Stearns 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). 9.15.2 Relationship to orderly Annexation Agreement The Urban Expansion District regulates areas of Stearns County adjacent to incorporated municipalities in areas also subject to an Orderly Annexation Agreement (OAA) except those areas within Commercial, Industridl and Residential Manufactured Home districts. If an Orderly Annexation Agreement has been formally adopted by a township and city, the provisions of the OAA shall supersede the provisions of Section 9 of this Ordinance if they cover the same subject matter. For example, if the OAA specifically defines permitted uses to be allowed, the OAA listed uses supersede the permitted uses in Section 9.15.3 of this Ordinance; or, if the OAA is silent on lot coverage requirements, then the provisions in Section 9.15.14 of this Ordinance shall apply. All subdivision applications in the UED district shall be reviewed for consistency with the OAA by both the Township and the City affected. 9.15.3 Permitted Uses The following uses are permitted subject to any applicable performance standards and general development standards contained in Sections d and 7 of this Ordinance: A. Agricultural. operations 9 -85 SCR of�i Stearns County Land Use and Zoning Ordinance This Section last amended Oct. 5, 2010. B. New animal feedlots, if not prohibited under the orderly annexation agreement, and subject to the provisions of Section 6.7 of this Ordinance G. Antennas - TV /radio receiving, short wave /private transmitting D. Essential services, transmission services and utility substations E. Family day care B. Group family day care F. Licensed residential program G. Licensed nonresidential program H. Public and private forest and game management areas I. Public parks and trails J. Seasonal produce stands which are accessory to agricultural operations K. Single family residential dwelling unit subject to the conditions of Section 7.32 of this Ordinance L. Wind energy conversion systems (less than 6kw) M. Any permitted land'use expressly allowed under the terms of the orderly annexation agreement between the township and the city. 9.15,4 Provisional Uses The following uses are provisional uses subject to the performance standards and general development standards contained in Sections 6 and 7 of this Ordinance: A. Bed and Breakfast Inns B. Government administrative and service buildings C. Greenhouses and nurseries D. Home extended businesses E. Home occupations F. Outdoor recreational facilities G. Temporary use sites in licensed resorts and campgrounds H. Temporary uses/special events I. Any provisional land use expressly allowed under the terms of the orderly annexation agreement between the township and the city. 9.15.5 Permitted Accessory Uses and Structures The following accessory uses and structures are permitted subject to the performance standards and general development standards contained in Sections 6 and 7 of this Ordinance: A. Accessory agricultural buildings subject to the conditions of Sections 6.1 and 7.32 of this Ordinance B. Accessory residential buildings subject to the conditions of Sections 6.2 and 7.32 of this Ordinance G. Kennels — private D. Solar energy systems — accessory. E. Structures related to public airports F. Swimming pools G. Any accessory uses expressly allowed under the terms of the orderly annexation agreement between the township and the city. 9 -86 S CR bi= of? Stearns County Land Use and Zoning Ordinance This Section last amended Oct. 5, 2010. 9.15.6 Conditional Uses The following uses may be allowed as conditional uses following the procedures set forth in Section 4.8 of this ordinance and further subject to the performance and general development standards. contained in Sections d and 7 of this Ordinance: A. Accessory structures subject to the conditions of Section 6.1, 6.2 and 7.32 of this ordinance B. Agriculturally oriented businesses C. Animal feedlot expansions and modifications permitted by and subject to the provisions of Section d. 7 of this ordinance D. Single family residential dwelling unit subject to the conditions of Section 7.32 of this ordinance E. Cemeteries F. Churches G. Community buildings H. Commercial businesses, if allowed under the terms of the orderly annexation agreement. I. Concrete (ready mix) or asphalt mixing facility, permanent J. In- vessel composting facility or mortality incinerator K. Limited rural business L. Motor vehicle repair — accessory M. Schools - public or private N. Storage facilities, accessory agricultural building D. Transmission services P. Truck terminal — small Q. wastewater treatment facilities R. wind energy conversion systems (6kw to 40 KW) S. Any conditional land use expressly allowed under the terms of the orderly annexation agreement between the township and the city. 9.15.7 Interim Use Permits The following uses may be allowed as interim uses subject to the procedures set forth in Section 4.18 of this ordinance and further subject to the performance standards and general development standards contained in Sections d and 7 of this ordinance: A. Concrete (ready mix) or asphalt mixing facility, temporary B. One (1) temporary single family dwelling unit that is to be located in the existing farmyard C. Migrant and/or seasonal worker housing Da Mimng E. Vacation/private home rental F. Any interim land use expressly allowed under the terms of the orderly annexation agreement between the township and the city. 9 -87 SCR of 3� Steams County Land Use and Zoning Ordinance This Section last amended Oct. 5, 2010. 9.15.8 Residential Density Requirements A. One unit per forty (40) acres. Only one (1) single family residential dwelling unit shall be allowed per forty (40) acres. B. Residential density may be greater than one (1) unit per forty (40) acres if the Orderly Annexation Agreement specifically provides for a higher density. 9.15.9 Standard for Determining Permitted Residential Dweiling Sites A. Determining Parcels of Record. Certain parcels of record purchased under separate deed and not containing 40 acres may be allowed as residential building sites and shall be determined as follows: (1) Any contiguous tract or parcel that is in common ownership with .any other contiguous tract or parcel on April 21, 2004, but was purchased under separate deed prior to April 21, 2004, shall be considered a parcel of record pursuant to Section 5.1.3 A of this Ordinance and shall be eligible as a residential building site. At the owner's option, any tract or parcel determined herein as a parcel of record may be combined with other tracts or parcels for the purpose of determining the number of permitted residential dwelling sites. (2) Any non - contiguous tract or parcel that is in common ownership on April 21, 2000, but was purchased under separate deed prior to April 21, 2000, shall be considered a parcel of record pursuant to Section 5.1.3 A of this Ordinance and shall be eligible as a residential building site. At the owner's option, any tract or parcel determined herein as a parcel of record may be combined with any other tract or parcel for the purpose of determining the number of permitted residential dwelling sites. B. Ton- contiguous parcels under common ownership. Any non - contiguous tract or parcel that is in common ownership on April 21, 2000, and was purchased under the same deed prior to April 21, 2000, with any other tract or parcel shall not be considered a parcel of record. C. Eligible forty (40) acre parcels. An eligible forty (40) acre tract shall be any tract that does not contain any existing residential dwelling and meets one of the following: (1) The tract contains forty (40) acres more or less and is described, for example, as the SW %, SW '/< according to the Government Land Office survey grid system. (2) The tract is described as an entire Government Lot and contains at least thirty five (3 5) acres. (3) The tract contains forty (40) acres or more and is described by metes and bounds description. The right of way of any public mad adjacent to and included in the description of said tract maybe used for the forty (40) acre calculation. D. Calculating residential dwelling eligibility. Determining eligibility for a residential dwelling site shall be as follows: 9 -88 SCR D3, or_ Stearns County Land Use and Zoning Ordinance This Section last amended Oct. 5, 2010. (1) The property owner's total acreage owned within the Urban Expansion District, less and except land under the OHwL, shall be calculated. (2) In the absence of a certificate of survey, the acreage listed in the Stearns County Auditor- Treasurer's Office property transfer records shall be used. (3) Forty (40) acres for each existing residential dwelling and any equivalent land area previously restricted under provisions of this Ordinance and/ or Stearns County Subdivision Ordinance Number 230; or successor ordinance, shall be subtracted from the total acreage owned. (4) The results from I and 2 above shall be divided by forty (40) acres and the quotient will be the number of eligible divisions that are permitted for the parcel. Decimals of less than .8 shall be reduced to the nearest whole number and decimals of .8 or greater shall be increased to the nearest whole number. E. Subdivisions that are for agricultural or other purposes and do not increase the density of the number of residential building sites shall be allowed. The deed shall be accompanied by a Declaration of Restriction stating that the conveyance is for agricultural or other purposes which do not increase residential dwelling site density and that the property being conveyed shall not be used in the calculation of any permitted residential dwelling site division pursuant to Section 9.15.8 of this Ordinance. F. The owners of an eligible parcel who execute a residential division for use as a residential dwelling site shall execute a Declaration of Restriction for a forty (40) acre equivalent land area which is defined as forty (40) acres less the acreage of the residential dwelling site that is to be conveyed. The Declaration of Restriction shall prohibit any additional residential development of the equivalent land area unless rezoned. No property conveyance shall occur unless -the Declaration of Restriction is first recorded in the Office of the County Recorder. G. The equivalent land area shall have frontage on a public road, or must be held in common ownership with contiguous land that has public road frontage. Any residual lot or parcel shall have access to a public road. 9.15.10 Cluster Development Cluster development is allowed in the Urban Expansion District as provided for in Section 7.4.10, of this Ordinance with the following additional requirements. A. Purpose. The purpose of cluster development in the UED is to encourage residential subdivision design that concentrates small residential lots in a specific area and is therefore more conducive to future development at urban densities. In the UED, land area in cluster developments that is not developed for residential sites remains in agricultural production or open space uses until the area is annexed and developed at urban densities. B. Density Bonus. Cluster developments in the UED district are eligible for a fifty (50) percent increase in residential density. To be eligible for the density 9 -89 SCR_ of 31 Stearns County Land Use and Zoning Ordinance This Section last amended Oct. 5, 2010. bonus, the provisions of Section 7.4 and 915.1 0 of this Ordinance shall be met. C. Lot Area Requirements. All residential lots within a cluster development in the Urban Expansion District shall be one (1) to one and one -half (1.5) acres in size, unless the lot is within the shoreland overlay district of a Natural Environment Lake. If the lot is within the shoreland overlay district of a Natural Environment Lake, the lot size shall be a eighty thousand (80,000) square feet as required by Section 1 0.2.8 (A)1 of this Ordinance. The minimum lot size may be reduced, except within the shoreland overlay of a Natural Environment or Recreational Development Lake, to one -half (0.5) acre if a community subsurface sewage treatment system is installed. Lots created pursuant to Section 9.15. 10 of this Ordinance after January 27, 2005 shall not be increased in size by means of an administrative subdivision or plat to exceed the maximum allowable lot size as specified in this paragraph. D. Location of structures. In the LIED, consideration shall be given to the location of residential structures on lots in a cluster development. The location of structures shall be such that they will blend in to future urban development and not impede future resubdivision of the lot when urban services are available. For example, residential structures shall not be placed in the middle of a lot'where a future lot line may logically be placed if the parcel is resubdivided•, and residential structures shall be placed near the minimum front yard setback line in a manner similar to urban development. E. Ghost platting required. Ghost platting is required in cluster developments to facilitate the conversion of subdivisions from the UED district to urban development after annexation. The preliminary plat for a cluster development in the UED shall include a sketch plan of a subdivision of lots and public rights -of -ways depicting the future subdivision of the property at urban densities. The ghost plat sketch plan shall be consistent with the OAA. Lot sizes shall be similar to lot sizes planned in the OAA or with existing lot sizes of similar uses within the municipality. Public rights -of -ways shall be shown to, connect with existing rights -of -ways or as extensions of the municipal street grid and shall connect to ghost - platted rights -of -way on adjacent parcels. See Appendix F of this Ordinance for an illustration of this requirement. F. Deed covenants. All lots within a cluster subdivision .shall include a deed covenant disclosing that the reserved agricultural land or open space is intended for future development. 9.15.11 Lot Requirements for Non - Cluster Development The following lot requirements shall apply unless expressly modified by the Orderly Annexation Agreement: A. Lots of Record less than forty (40) acres. A parcel of record that is determined as. such pursuant to Section 5.3.1 A of this ordinance that is less than forty (40) acres in size shalt be allowed as a residential building site. B. Dimensional standards. The following standards shall apply to _tots or tracts created in the Urban Expansion District: 9 -90 SCR asof 3l Stearns County Land Use and Zoning Ordinance . This Section last amended Oct. 5, 2410. (1) The minimum lot size for a single family residential dwelling shall be one (1) acre. (2) The minimum median lot width shall be one hundred fifty (150) feet. (3) For uses other than residential uses, the minimum lot size shall be sufficient to meet the applicable performance standards of this Ordinance for the proposed use and setback requirements of Section 9.15. 11 of this Ordinance and the sewage treatment system standards of this Ordinance•, or successor ordinance. (4) The location of any lot in the Urban Expansion District that is to be used as a residential dwelling site shall be located so that the Residential Dwelling can meet the animal feedlot setback provisions of Section 6.7.5 of this Ordinance. C. Land uses restricted on small lots. In the Urban Expansion District only those uses that are allowed as permitted, provisional, interim, conditional. or accessory in the R -I zoning district shall be allowed on a lot or tract less than ten (10) acres in area, except that a home extended business shall be allowed as a provisional use pursuant to Section 4.22 of this Ordinance. Setbacks for the R -I zoning district shall be applicable to these lots or tracts. Lots or tracts with an animal feedlot shall meet the standards as provided'in Sections d. 7 and 7.16 of this Ordinance. 9.15.12 Setback Requirements Except as provided in Section 9.15. 1 0 B (S) of this Ordinance, or in the Orderly Annexation Agreement, the following setback requirements shall apply: A. Setbacks. Minimum building setbacks are listed below: (1) Side 50 feet _ (2) Rear 50 feet _ (3) Front Road Classification Setback from Road Centerline* Setback from Road Right-of-W! o.w. * Principal Arterial 150 75 Minor Arterial 120 50 - Major Collector 100 50 Minor Collector 100 50 Un- Classifled Roads Setback from Road Centerline* Setback from Road Ri t -of -Wa .o.W.)* County Road 100, 50 .TownLhip Road 63 30 Private Road Esmt. 63 30 *THE MORE RESTRICTIVE SETBACK SHALL APPLY. (4) Detached garages and accessory buildings may be placed ten (10) feet from the side lot line and ten (10) feet from the rear lot line. 9 -91 SCR af�._ y. Stearns County Land Use and' Zoning Ordinance This Section last amended Oct. 5, 2010. (5) For lots created after January 27, 2005, setbacks from Types 3, 4 and 5 wetlands shall be fifty (50) feet and twenty five (25) feet from all other wetlands. B. Animal feedlots. If allowed under the Orderly Annexation Agreement, new and expanded animal feedlots and manure storage facilities shall meet the setback provisions of Section 6 7.5 of this Ordinance and all setbacks described in the OAA. C. Residential setbacks from feedlots. All residential dwellings, in addition to meeting the minimum building setback requirements of Section 9.15.11 A of this Ordinance, shall also comply with the residential setbacks from an Animal Feedlot as provided in Section 6 7.5 A of this ordinance. 9.15.13 Height Requirements A. Building height limited. Buildings, other than agricultural buildings, shall not exceed thirty five (35) feet in height except as provided in Section 7.14 of this ordinance. B. Agricultural exemption. Agricultural buildings shall be exempt from the -height requirements. 9.15.14 Lot Coverage The maximum lot coverage shall be twenty five (25) percent. 0 9 -92 S . 7 ATTACHMENT 2 A. Lang[ Use and Zoning Ordinance Provisions l . 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. 5. The bmsfer 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 Lund 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 C. 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 SCR_ 'V of -3t 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 A Responsibilx'ties 1. The County shalt 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. I 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 nonce 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. The 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. 6 SCR a9 of 31 s a , ' 9 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 Stearns 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 CAA 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 maybe 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 writtezi 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. S CR - of31 _ , " 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 Dumber which corresponds to the Qy o St. Jose h Comprehensive Plan. The uses allowed in the district are the same uses identified in the City of St. Joseph Code of Ordinance. r rrM �w 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, . SCR? of 31 * , .