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OFFICE OF COUNTY RECORDER OFFICE OF REGISTRAR OF TITLES
STEARNS COUNTY,MINNESOTA 7"—'" STEARNS COUNTY, MINNESOTA
Document:A1338765 Document:T36820 -=—~
Certified,Filed,and/or Recorded on c
Certified,Filed,and/or Recorded on «, �
March 04,2011313 PM ===
March 04, 20113x23 PM
TN
Torrens
Listed below
DIANE GRUNDHOEFER 1=== Certificate
STEARNS COUNTY RECORDER '-_— == DIANE GRUNDHOEFER,REGISTRAR OF TITLES
•
Certificate Book Page
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• MAR - 4 2011
RANDY COUNTY AUDITOR
31 . 10441( . 00tX)
owr,S D4 S* Jose e. SCR,_ .._of
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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 dear 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 oval such development of muMc al
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. Ordertv Annexation raA .The Town and City desire to designate the
area set forth on the map attached (ExhIit 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. mgg 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 lterationsua 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, of Admka 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 tams of
this Joint Resolution.
5. Piannino a> se 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 pied by
•
So
Minnesota Statutes 1976, Section 471.59, Subdivision 2 through 8, inclusive. The
Town and City have executed a Memorandum of Understanding(MOU)cooperating
with Steams 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 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 officio member of the County Board or the County Planning
Commission
The Joint Planning Board shad serve as the`governing body"and"board of appeals
and adjustments'for purposes of Minnesota Statutes Section 462.357 and 462.368
within the ordery 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 shah
serve as the"governing body.'
7. Tax Rate fair Annexed Pmplity: 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 Offce. 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. Mun I Reimb 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.
•
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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. gegnslitisaralmSbkrixAmson
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 we to be annexed into the City over differing periods
of time. The City and Town desire to maw 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 11-20 Years (2008-2017) Exhibit 3 Exhbit 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 713 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 9B below,and the criteria for annexation as established kr
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 MPCA or any other state or federal regulatory agency.
Unless a petition of property owners for annexation has been fled 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
•
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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 90,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 pates 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 leas 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 shell be card 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 wi,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 kl paragraph 7A above,the City and Township
agree that,unless both the Township and City mutually agree to consider a
specific annexation request,property wiN not be annexed unless aft throe 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 end 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
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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 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•catied 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 Pls n ing
Committee as described In Section 5 of this agreement shall be responsible for
conducting this periodic review,and shaft present a report of said review to both the
City Council and Township Board for their consideration of any
11.Authorization,The appropriate officers of the City and Town are hereby authorized to
carry the terms of this Joint Resolution into effect.
12.Sverabifit and a r. A determination that a provision of this joint Resolution is
unlawful or unenforceable shah not affect the vanity 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
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Town of St. Joseph on December 29, 1997, shall hereby be considere4revoked 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.
,n
Approved the !P
`7 day of f 1, , 2010, by the Town Board of the Town of
St. Joseph.
i Chair 14N.....
Gw/r�1 :2.
• ,
Anna Reischi !7 ► • •'d
•
Anna I�QIaW N, ' •
y�J .......
rid
Approved the t?� .day of C,P.I•Y1f r./ , 2010. by the !� :tt:ts�; c•of
St.Joseph.
Y
Ai Rassier, Mayor ;' 4,
J ...✓. • . ,';.
J w. � .
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Exhibit 1
0-5 Year Urban Service Area
Section 02-124-29
S i4-SW 34 West of CR 133
Section 03-124-29
Sc. 10AofNEY -SE'A
SEX-SE%
So. 30 A of SW 6-SE 14
So. 30 AofSE%-SW14
SW%-SW%
Section 04-124-29 '
SEX-SE%No.of Sly RofReaped
• Section 09-124-29
NE%-NE%No.of Sly of Railroad
E$4 So.Of CSAH 75 Sly RAN Less City
S%-SW:6Eof1-94 Ely RAN
Section 10-124-29
E4-NE 34 No.of NlyRAN of Raikoad Less City
NE%-NW%Less City .
W34-NW%Less City
SE'A-SW's Less City
S14-SEA Less City
Section 11-124-29
W%-NWX Less City •
E%-SW 34 Less City
Section 14-124-29
N -NW i4 Less City
Section 15-12429
N14-NE% Less City
NW a-NW i4 Less City
NE'%-NW IA Less City
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•
Exhibit 2
6- 10 Year Urban Service Area
•
Section 02-124-29
W14-SE%
NE%-SW%
E%-NW14-SW%
Section 03-124-29
Prrr---'9W14-NE%
•T %
NW%-SW%
NE34•SW%
NW 34-SE%
No. 10Ao(SE14-SW%
No. 10 A of SW 14-SE%
Section 04-124-29
NE%-SE 34
• NW%-SE'A E of So. Fork Watab River
SW%-SE:4
SE%-SE 34 So.of Sly RAN of Railroad
Section 09-124-29
E%-NE% So.of Sly RIW of Railroad and No.of Nly RAN of CSAH 75 Less City
Section 11-124-29
W34-E%
Section 14-124-29
NWy4-NE%
W 792 Ft SW'ti-NE 14 Less Triangle,Containing 20 A.
Si4 NWT
N14-NW%-SW's
N34-NE1A-SW%
Section 15.12429
NW 14-NW'A Less City
S14-NW'%
N14-SW%
Section 34-SW%
Section 16-124-29
N 14-NE%Less City
S14-NEYEof Ely RNV1-94
NW%E of Ely RAN 1-94
SE'A of Ely RAN 1-94
•
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Exhibit 3
11 —20 Year Urban Service Area
•
Section 01-124-29
• Entire Section
Section 02-124-29
NE%
MN%
W -NW%-SW%
E14-SE%
Section 03-124-29
VA-NE%
NE IA-SE% Less Sly 10 A
Section 11-124-29
VA-E%
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:
E34-NE%
E 792 Ft SW%-NE% Less Triangle,Contakiing 20 A
SE%
SIS.NW14-SWIA
5%-NE%-SW%
Section 15-124-29
S'14-NE%
SE 1h
SEIA-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
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Exhibit 3-Cont'd
11 -20 Year Urban Service Area
Area added 2006
Section 04-124-29
NW%
NE 34
SW%
NW%of the SE% lying West of the centerline of the Watab Creek
Section 05-124-29
That part tying easterly and northeasterly of the easterly and northeasterly right-of-way
line of
Interstate Highway Number 94
Section 08-12429
That pert tying easterly and northeasterly of the easterly and northeasterly right-of-way
line of
Interstate Highway Number 94
Section 09-12429
NW'A •
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EXHIBIT 4
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EXHIBIT 5
MEMORANDUM OF UNDERSTANDING
•
SCR )',of _
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 Steams County Land Use and Zoning Ordinance Number
439 states that this Ordinance shall apply to all areas in Steams 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 53 of Steams County Subdivision
Ordinance Number 230;or successor co:inane,shall apply within the Town of St.Joseph
orderly annexation areas;and
WHEREAS,Minnesota Statutes,Section 414.0325,subd.S provides that a joint resolution
may provide for the establishment of a board to exercise plamnit g 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,Steams 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 47139 to ensure •
mutual understanding of each party to this Memorandum of their respective duties and
responsibilities related to lalid'use irtsues;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 subdivisicins,.nep nines,,
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 16of 3
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 Steams 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 Marsh 11,2002
Stearns County March 19,2002
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 sat 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 Canny Urban
Expansion District(Section 9.13 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 Arta shall be rued 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.Joseph Code ofQndinsnces.
County of Steams
Date: talal‘tu By: 14(Siisur---,Chair
Stearns • , : • , :f �..,'_
Date: 0 Attest: f��6ara.��, - �'.!
Randy ' -*Ms
Stearns •h; 'Auditor-Treasurer
'Clerk Stearns County
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•
Township of St.Joseph..• •••
Date: /'- �� By: �, r,
le .'- Board Cha
Tow . i ip'Qt St.Joseph
Date: /2//3//4 Attest: ;'%• ,
Anna Reischl .wn;Cleric
Township of St.Joseph
City of St.Joseph
All. ..
Date: /Wi► //a N s . •
7
AI Rassier, ayor ' '. '`■
City of St.Joseph ` '8 T , ';, , .
.1 • 1 d$.i;.i..r ..
n -.. " . 410.!HO .
Date: 042/j/ A .. .. ; '`' .
St.Joseph
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ATTACHMENT I
SECTION 9.15
STEARNS COUNTY LAND USE AND ZONING ORDINANCE
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Steams 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(40)acres and •
agriculture is the primary and preferred land use until annexation.
This district is intended to meet the goals of the Steams 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 andin Urban expansion
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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,Industrial 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
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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 9.1 5.14 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 6 and 7 of this
Ordinance:
A. Agricultural operations
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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
C. 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. •
9.13.4 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
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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 building 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
C. 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.
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Stearns County Land Use and Zoning Ordinance This Section last amended Oct.S,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 6 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 6.7 of this Ordinance
D. Single family residential dwelling unit subject to the conditions of Section
Z32 of this Ordinance
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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 •
O. 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 farther subject to the performance
standards and general development standards contained in Sections 6 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
D. Mining`
E. Vacation/private home rental
• F. My interim land use expressly allowed under the tams of the orderly
annexation agreement between the township and the city.
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Stearns 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(I)unit per forty(40)acres if the
Orderly Annexation Agreement specifically provides for a higher density.
9.15.9 Standard for Determining Permitted Residential Dwelling 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 21,2000,but was purchased
under separate deed prior to April 21,2000,shall be considered a
parcel of record pursuant to Section 51.3 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
11.3 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. Non-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 fir(40)acre tract shell 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 ;4,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(35)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 road adjacent
to and included in the description of said tract may be used for the forty
(40)acre calculation.
D. Calculating residential dwelling eligibility. Determining eligibility for a
residential dwelling site shall be as follows:
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Steams 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
Steams 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'prohiibit any additional residential
development of the equivalent land area unless rezoned.No property
conveyance shall occur unless he Declaration of Restriction is first recorded
in the Office of the County Recorder. •
O. 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 7.4.1 of this Ordinance with the fallowing 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 e in residential density. To be eligible for the density
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Stearns County Land Use and Zoning Ordinance This Section last amended Oct.5,2030.
bonus,the provisions of Section 7.4 and 9.15.10 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 10.2.8(4)1 of Ordinance. The
minimum lot size may 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 UED,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 lat'where a future lot line may logically be placed if the
parcel is resubdividexl;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 plat of a subdivision of lots and public
rights-of-ways depicting the future subdivision of the properly 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.
915.11 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)acmes, 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 shall be allowed as a residential building site.
B. Dimensional standards. The following standards shall apply to lots or tracts
created in the Urban Expansion District:
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Steams County Land Use and Zoning Ordinance This Section last amended Oct.5,2010.
(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
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accessory in the R-1 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-1 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 6.7
and 7.16 of this Ordinance.
9.15.12 Setback Requirements
Except as provided in Section 9.15.10 B(5)of this Ordinance,or in the Orderly
Annexation Agreement,the following setback requirements shall apply:
A. Setbacks. Minimum building setbacks are listed below:
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(1) Side 50 feet
(2) Rear 50 feet
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(3) Front
Road Setback from Setback from Road
Classification Road Centerline* Right-of-Way()I.O.W.)*
Principal Arterial 150 75
Minor Arterial 120 60
• Major Collector 100 50
Minor Collector 100 50
Un-Classified Setback from Setback from Road
Roads , Road Centerline* Right-of-Way(R.O.W.)*
County Road 100 50
Township 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.
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Steams 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 9.15.11A 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
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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
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 arc defined in the Stearns County Land Use and
Zoning Ordinance)which are permitted or provisional uses in the Urban
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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 altematc 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 oldie Joint Planning
Board.
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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 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.
1 i.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.
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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 Ao 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
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*mist 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:CitylTownship 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 phut 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
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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 bimonthly 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.
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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 ON 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 arc subject to
• change as the documents are amended. .
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May 20, 2013
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph and the St. Joseph
Township Board met in special session on Monday, May 20, 2013 at 6:30 PM in the St. Joseph City Hall.
City Council Members Present: Mayor Rick Schultz. Councilors Renee Symanietz, Bob Loso, Steve
Frank. Administrator Judy Weyrens.
St.Joseph Township Board Present: Township Supervisors Jeff Janssen and Jerome Salzer. Township
Clerk Ann Reischl.
Others Present: Ross Rieke, City Planning Commissioner.
Schultz and Janssen opened the meeting and stated the purpose of the meeting is to continue the
discussion of the management of the Orderly Annexation (OA)Agreement. Since the last meeting the
OA map has been updated to reflect the current city boundaries. The following is a summary of the
discussion:
• The intent of reviewing the OA at this time is to make sure the document provides for responsible
leadership and managed growth.
• The OA map can be amended to combine the expired zones into one zone and to consider
reviewing the timeline for the zone that expires in 2017. What happens after 2017?
• Weyrens questioned if dates are even needed in the OA given the criteria for annexation which
were not part of the original OA. The annexation is driven by development and the ability to
extend sewer. Loso stated that the purpose of the agreement is not to land grab and dates
should be included.
• In reviewing the OA the following needs to be considered: how to respond to developer and to
development; how can the City initiate action; how are the island pockets managed?
• If timelines are removed from the OA map, what are the pros and cons?
• Each entity has to decide what they are looking for in updating the plan. Janssen elaborated that
for the Township issues include: providing a date for when residents can reasonably
expect to be annexed;financial viability of the Township with the loss of tax base; how is
growth handled in the OA area such as whose ordinances or regulation apply; how is
conflict resolution handled; provisions that allow the township to develop.
for the City issues include: identifying areas where growth can occur; planning for
efficient expansion of utilities; Schultz added making sure that development in the
Township is consistent with the approved documents and do not create financial burdens
in the future.
Schultz discussed the property adjacent to CR 2 and the City has been working on extending utilities to
for development. He suggested that the City and Township begin to explore an expansion area for the
Orderly Annexation so that the City can adequately plan for infrastructure development. Weyrens stated
that at one point the City and Township had discussed an expansion area west of 1-94, recognizing that it
was for long range planning. Janssen stated that he agrees that the boundaries should be reviewed but
the Township needs to be able to expand its tax base and does not want to feel that the City can limit
their potential.
With regard to the land use management process the following issues of concern where identified:
• Board representation. Salzer requested that consideration be given to adding the County as a
voting member to eliminate tie votes. Schultz stated that he is okay with four members from the
City and four from the Township as it forces both entities to find a compromise. In the case of the
Notch development, neither the City nor the Township received everything they would have like,
but each entity found a middle ground that was acceptable. In addition, adding the County as the
tie breaking vote would not be fair to the representative as they would feel they would have to
pick sides.
May 20, 2013
Page 2 of 2
• Land Use Process. Janssen stated that one of his goals would be to assure that the Township is
made whole for the cost of the planning process. Last year the Township did not cover costs with
the revenue received. Weyrens stated that same issue is true for the City and costs should be
reviewed. Discussion included the timeliness of receiving applications and that sometimes the
City/Township does not receive the applications until 30 to 45 days of the 60 day land use action
required has been exhausted. Those present agreed that the timeline can be extended if
additional time is needed.
• Land Use Documents. Schultz and Janssen discussed the applicability of Zoning Ordinances
and plans and whose documents take precedence. Salzer stated that he is concerned when the
City can implement their plans in land that is not even located within the City. Schultz stated that
this goes back to finding a compromise in the decision. Each jurisdiction needs to review their
plans and decide how the matter before the board applies and then work together to find a
compromise.
Janssen stated that communication is key to the continued process. While the City and Township have a
good working relationship, the Township is guarded due to the recent actions of the City of Waite Park.
The Board and Council has identified areas that need improvement and at some point the City and
Township should provide direction to the Planning Commission of each entity to research and
recommend an update to the Orderly Annexation Agreement. Loso suggested that Bob Heim be
contacted to see if he could facilitate the process. Janssen stated that it is his opinion that the Planning
Commissions can manage the changes that are needed as the Township is not looking to revise the
entire document.
Those present agreed to continue the discussion on June 25, 2013 at which time a revised map will be
prepared illustrating the expired zoning districts and zoning district that expires in 2017.
Adjourn: The meeting was adjourned at 8:00 PM
Judy Weyrens
Administrator
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