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Home My WebLink About[03] Public Hearing-Rezoning [Notch] CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph MN 56374 320-363-8825 320-363-7201 jweyrens@cityofstjoseph.com Notice of Public Hearing NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the City of St. Joseph will be conducting a public hearing on Tuesday, November 18, 2014 at 7:00 PM in the St. Joseph City Hall, 25 College Ave N. The purpose of the hearing is to consider a request for rezoning from the current Urban Expansion (UE) to Residential 10 (R10). The request for rezoning is in accordance Section 4.10 of the Stearns County Land Use and Zoning Ordinance #439. The property under consideration is the S ½ SW ¼ NE ¼ and the S ½ SE ¼ NW ¼, lying westerly of County Road 2 in Section 3, St. Joseph Township (124/29) containing approximately 40 acres. The property address is 31486 County Road 2, St. Joseph MN, 56374. The request for rezoning th has been submitted by CLC Partners LLC, 427 12 Ave SE; St. Joseph MN 56374 for Roman L. Notch Revocable Trust, St. Joseph MN. Publish: November 1, 2014 Subject Property This page intentionally left blank � , . . ,; OCT Q 6 2�1� �� S� �� APPLICATION FOR REZONING �. '� �.��'-� �� ' • Environmental Services Department �1,.,�„ -< http://co.stearns.mn.us/Environment/LandUseandSubdivision !'�" � Administration Center Rm. 343 -705 Courthouse Square- St. Cloud,MN 56303 320-656-3613 or 1-800-450-0852-Fax 320-656-6484 ��—e.�(,� o� I`�'-l95'Sy Application Fee: $ a0U . File No.�-0 O a a`I ;L_ Receipt No.I y-1�r�Q 9 Property Owner__ �r5'a,m�iif' 1, /�c�� %��.v' r/ludT Phone,3Zc--ZLy- Z��{ Property Owner Email Address of Property 3i�/�� u,�r, i3a.4l� Z c5T,T';�s_.�•'� NJ�✓ �3'7y Mailing Address 2��/iY �%%�-�% ��z4ar Jr ��,y r�s� �G�'�� Applicant(if different from above) L'L G' ��e7.✓�t3' i-�' Phone 3zv--�lz��-ias Z Applicant Email _��y �t11�t � �.�(►.r v,w �-c�t�F-�. C'vm Applicant Mailing Address '`��'7 /�'� /as.� s.�, �5r.�'d�c,r�� ✓ Slv3-7si Parcel i.D.Number(s) ��• �idL3:avc� Township /�.s/ Section a3 Legal Description `/d�c �S`2 <Stv� N,E�{ � s 2 JE ii ��J f� ��E y�, 'Tws° /2 y R aLg ' Staff to Complete Overlay Districts o Floodplain o Airport o Conservation Overlay o Shoreland: Water Bady Narne/Number Classifcation County's Present Zoning District: �r'��3 Proposed Zoning District %?-ia Proposed acreage to be rezoned: S�U,� County's Future Land Use Map District: 1.Proposed use of the land to be rezoned: "T�� /�.�� r�-iu �p.��v 4'rlcicr� i�"�.i.vE 'ir.�u.',�d�..,A �d'�'✓�.a�4�v2s�c��' t'�i�Q 7�iL� �r�o�;o�-o*�� u'.-c�cl c�c �5,'4 Ci f �J��i � ,� . R�Jc� ,�` .c:'.��2�nc, .�.r•�. '�/f e Fx�.s�':ne� ��ly'ca.J�� irlezcl�c0 � Sihj�:`z�c l��f �Ctn�,� A,,f �a��xnn��r �-�5 7�� Ar�csuss' •te �T�i� �.�R��1.�-. 2.Describe how the proposed rezoning will be compatible with the Comprehensive Plan{see attached Goals and Objectives). -�� 1�-?�•,xJv�A �,nr�.,y �� /'�� Z �.� Ti�i� �ur✓f�'r �` •�f�+E �v:�.�c,?..�zz+r�¢ 'T.{�/�y- Zc;,as ��i��c� �n! 2oIZ . -T.�i .�ic�odecd Gc1E it'�' ��7.Ii�r�Cii y' l�v�� .C.o�ld �CFi� %�/ �'.�s� A,¢:E�4- /�-✓.� 77fL J1/�u�h bclZi.-t� �a�j�i2�iEJ. 3.Township Review :(TwpName) i1/,rl�1 i+✓ 4,�D�-y .¢�nt,�-a��n �t�Date (A completed Township recommendation form from the Township stating their comments is required prior to the submittal of this rezoning re uest.) . . Progerty Owner's Signature .� � � �E� Date �-/ Applicant's Signature Date ��- � ��y Sigr►ature of this applica ' au ' es Environmental Services Staff to enter upon the property to perfonn needed inspections. Entry may be without prior notice. WHAT IIAPPENS NEXT? Staff wiIl review your application aud determine if the application is complete. If the application is camplete,the application will be scheduled for a Public Hearing with the County Planning Commission who will recommend action to the Counry Boarc!of Commissioners. It typically takes 2 months from the time a complete application is submitted until the County Board issues final approval or denial of the Rezoning. REQUEST FOR REZONING File No: P-002242 Application Date: 10/6/2014 Parcel No: 31.20623.0000 Owner: Roman L Notch Revocable Trust 29414 Kiwi Ct St.Joseph, MN 56374 Applicant: CLC Partners LLC 42712th Ave SE St.Joseph, MN 56374 DESCRIPTION OF PROPOSAL The applicants are requesting to rezone approximately 40 acres from the Urban Expansion (UE) zoning district to the Residential 10 (R-10) zoning district in accordance with Section 4.10 of Stearns County Land Use and Zoning Ordinance#439. BACKGROUND This rezoning request is phase 2 of the 12 lot Sunset Ridge plat that was approved in 2012. If the rezoning is approved,the applicant intends to plat 4 residential building sites on this property. There are easements recorded on this property for future roads. These would need to be dealt with during the platting process. SITE INFORMATION Location of Property: The property under consideration is the S1/2SW1/4NE1/4 and the S1/2SE1/4NW1/4, lying westerly of County Road 2 in Section 3, St.Joseph Township (124/29). The property address is 31486 County Road 2, St. Joseph MN. Vehicular Access:The property will be accessed from County Road 2. Existing Vegetation: Approximately 30 acres is tillable farmland and the remainder is the existing building site and woods. ADJACENT LAND USES North—Large Lot Residential East—Large Lot Residential South—Agricultural use,The City of St.Joseph is approximately 990'to the south. West—Agricultural use,gravel pit ZONING North—Urban Expansion East—Residential 5 South—Urban Expansion West—Urban Expansion FEEDLOTS There are two registered less than ten animal unit feedlots within 700'of this property. Setbacks to these feedlots do not apply. There are also two registered feedlots to the southeast that are greater than 700'from the property. OVERLAY DISTRICTS/AREAS OF CONCERN The property is within the City of St. Cloud Drinking Water Supply Management Area (priority area A). ISSUES TO CONSIDER/ALTERNATIVES ❑ If the area were rezoned,what uses would be allowed? ❑ Would a zoning change be consistent with the surrounding area? ❑ Would a zoning change be considered spot zoning? ❑ Will rezoning this parcel create additional rezoning requests in this area? RESIDENTIAL DEVELOPMENT OPTIONS UE Options on 40 acres: *Allowed without rezoning Base density: 1 residential dwelling unit(existing) R-10 Development Options on 40 acres: *Proposed rezoning Base density: 4 residential dwelling units PURPOSE STATEMENTS FOR THE URBAN EXPANSION AND R-10 ZONING DISTRICTS 9.15.1 Purpose (Urban Expansion-EXISTING) 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 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). (2) Coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth (Objective 1). 9.6.1 Purpose (R-10- PROPOSED) The purpose of this district is to provide limited residential development opportunity on land that is neither highly valued farmland nor is land located within any growth or expansion area of a municipality. Land within this district is generally closer to a municipal growth area than land within the R-20 district. The R-10 district is located adjacent to agricultural areas and efforts to minimize land use conflict, such as restricting new animal feedlots, shall be a primary decision tool in approving development. The R-10 district meets the following Stearns County Comprehensive Plan goals: B. Minimize land use conflict between agriculture and other and uses (Goal 2 Agriculture). (3) Maintain suitable boundaries for urban, rural residential and agricultural areas (Objective 1). B. Manage the impacts of growth and development on the County's rural character (Agriculture, Goal 3). (4) Discourage incompatible land uses through effective land use controls (Objective 1). (5) Identify appropriate areas for commercial, industrial, and non-farm rural residential developments (Objective 2). C. Provide a variety of residential opportunities (Growth and Development, Goal 6). (6) Provide a diversity of housing prices and styles, meeting the needs of residents of different ages, incomes and lifestyles (Objective 1). CONSISTENCY WITH COMPREHENSIVE PLAN Future Land Use Map: Urban Expansion district The Urban Expansion category is described as: "Areas anticipated to be annexed and provided with municipal services during the time frame of this plan. Also includes areas under Orderly Annexation Agreements. Variety of land uses to be determined through joint city-township planning. Residential uses remain restricted until annexation occurs. Limited commercial/industrial uses may be considered." Policy Area: Metropolitan Growth Area The multi-county St. Cloud Metropolitan area will continue to attract a substantial portion of the region's jobs and population growth. It will also be the location for most major transportation projects, as planned and programmed by the St. Cloud Area Planning Organization (APO). This policy area generally encompasses the boundaries established by the 2000 St. Cloud Area Joint Planning District plan, with some adjustments to the "ultimate service area"for wastewater treatment. Policies: 1. Support and update the policies of the Joint Planning District plan regarding regional coordination of services. 2. Support extension of coordinated, centralized wastewater treatment to the ultimate service area. 3. Protect the ultimate service area from premature subdivision by limiting large- lot residential development. Land Use Plan—The following goals and objectives from the Comprehensive Plan apply to the rezoning plan request. Growth and Development . , Goal 3. Manage the impacts of growth and development on the County's rural character Objective 2. Identify appropriate areas for commercial, industrial, and non-farm rural residential developments. Objective 3. Deter premature development in rural areas and in urban expansion areas around cities Goal 4. Sustain the current livability and diversity of Stearns County. Objective 1. Recognize and respond to the differences in community needs and character, development patterns, and natural resources in different regions of the County. Objective 4. Encourage a diversity of housing opportunities meeting the needs of both the cities and the townships. Goal 5. Use existing infrastructure and resources efficiently. Objective 1. Coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth. Objective 2. Provide public services and infrastructure that can be sustained over time. Objective 3. Support the provision of joint services among jurisdictions. LAND EVALUATION SITE ASSESSMENT SCORE(see attached summary) The LESA system was designed specifically to assess where the best farmlands are located locally. They system provides an objective and consistent tool for evaluating the relative importance of specific sites for continued agricultural use. ❑ The LESA(land evaluation site assessment)system score is 72.66 ❑ The threshold for non-agricultural conversion is 65. ❑ The LE(land evaluation)score which is based on the soils and their characteristics is 49.2. ❑ The SA(site assessment)score which is based on a site's relative importance for agricultural use is 23.46. The Joint Planning Board should consider the following questions when making their decision: 1. Does the proposal conform to the County's Comprehensive Plan? Why or why not? (Policy Areas Map figure 3.3, Future Land Use Map figure 3.4 or Goals and Objectives) Future Land Use Map: Policy area map: Goals and Objectives: 2. Is the proposed rezoning compatible with the present and future land uses in the area of the proposal? Present Zoning: Proposed Zoning: Scenic Views/Rural Character: 3. If the property is rezoned, how will the environmental impacts be addressed? 4. What are the potential impacts of the rezoning on the property values of the area in which it is proposed? 5. Is there a potential for public health,safety or traffic generation impacts based on the proposed rezoning and how will they be addressed? 6. How are the potential impacts of the proposal on existing public services and facilities including schools, parks, streets and utilities being addressed and will this rezoning potentially overburden the service capacity? 7. Other issues pertinent to this matter. STAFF RECOMMENDATION The Department recommends that the Joint Planning Board consider the following: • The proposed rezoning is consistent with present land uses in the area. • The Land Evaluation Site Assessment score is 72.66. • Whether or not the rezoning is compatible with the purpose of the Urban Expansion District or will allow for orderly and efficient staging of urban services • The City of St.Joseph's future land use map Attachments: Application Zoning Map Aerial Photo LESA Summary This page intentionally left blank I � ; � ~ I �� i � � x � �� , \ ,,_ _ ��;;;�� - I �� ;�: \ I �\\�� _ � � � o � _,_ ; �-- I ��[ �,�� ,��u j _ �� ,; Z ,�a � O J11 ~ E� <r n �` = � � �.; . � € � - �--�_ C C p � � �! O � I _ � � I z : �� \ aq t..T � .� �{ �� .- � . . _ _—__ _ ` .t.�. 1 i�g . ___ �r �4�f 9 � �"�`'t�� _ � � — — �� . --- �`F W�/� . . __ _ . �� y♦ _—— `z m ' _ — ' :3 N _ _ - _9 �s - -- _ �, _ ,� ,. 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Avail.'1.5= �,�� b.) Non-Adjacent Pts.Avail. 5.0=_� 2. Percent of Site Suitable to Farm Pts.Availat�le 5.0= `i��J 3. Relationship of property to feedlots and aiuina3 units a.) Animal ui�its within 1 mile Pts.Av�ilable 4.5= a-�� v.} Animal feedlots within 1 mile Pts.Available 3:0 = \�5 SA—1 Total �a�1�0 SA-2 Factors Yleas�re DQveiopment Pressures Impacting a Site's Continued Agricultural Use. iVlaximum points-17.5/50 1. Compatible with Land Use Plan Pts. Available 7.5= �� 2. Distance to Public Se�vices a.} Water Pts:Avail.3.0= �`Q b.) Sewer Pts.Avail. 3.0= tt0 __ 3. Type of Roacl Access Pts.Available 4.0= Gl�� SA—2 Tot11 �� SA-3 Fact�rs Public Values of a Site Supporting Retention in Agricalture. Maximunl points-7.5/50 1. Environmentally Sensitive Areas within one(1) mile Pts.Avail�Ule 2.5= � 2. Percent of Site mapped on tl�e National Wetland Inventory Pts. Available 2.5= U` 3. Percent of Site l�cated within tlie Floodplain Pts.Avnilable 2.5=�_ SA-3 Total � �,C � ��l - � Totai Site Assessrnent Score =��l�.P 1 � �� a� .� � A-4 This page intentionally left blank LAND USE District Three Approximate Location Portion of District 'Developed' District Three occupies an area north of the existing corporate limits. The approximate boundaries include: • North of CSAH 75 and existing corporation limits (north of Northland Plats) • West of CSAH 133 • South of 320th Street Total Acres in District: 1,760 acres in district. Number of Acres Platted: 331 acres subdivided; 1,429 not subdivided Number of Acres with Potential Development Considerations: 452 o SubvidedAc./Nonsubd.Ac. acres (flood plain/shoreland, wetland, public water, hydric soils, and slopes greater than 15%) Areas of Stability and Areas of Change: Areas of stability and areas of change have been identified within this district. Portions of the district occupied by Millstream Park and the South Fork of the Watab River in the vicinity where it flows under CSAH 75 have been identified as areas of stability wherein the planning emphasis will be focused on protecting existing development from intrusion by incompatible uses. Areas identified with potential for change include those parcels adjacent to the re-routed CSAH 2 corridor and areas adjacent to the future east-west arterial roadway especially in the vicinity of CR 133. Areas of change are sites where the city expects to direct resources (either new development or redevelopment, public and/or private resources) as available and/or requested. Land area not labeled as 'change' or 'stability' are not expected to be serviced by municipal utilities in the near term, however, conditions leading to utility extension and/or subdivision can change. Prominent Features Prominent features within Planning District Three include CSAH 2 North, CSAH 3, South Fork Watab River, future northern east-west arterial roadway, Millstream Park, and the Wobegon Trail. Existing Land Use Existing land uses primarily include agricultural and low density rural residential uses but a few industrial uses are also present. Proposed Future Land Use Portions of this district have been identified as 'areas of change'. Future investment, public and private, is expected within this district during the scope of this plan. Future land use within this district is substantially impacted by a future east-west arterial roadway corridor. The pace and timing of development within this district is subject largely to the establishment of the roadway corridor. Roadway and right of way corridor establishment and construction will likely depend on regional funding assistance and participation by land owners as subdivision is contemplated. Future land use is expected to be a mix of residential, commercial, and industrial use types and intensities. Future commercial use is anticipated in clusters adjacent to major intersections. The development type/style will be complimentary to roadway corridor functions and existing development. Future industrial uses are expected in areas adjacent to existing industrial uses (light and heavy industry). Future residential uses are expected to vary in density (R-1, R-2, R-3, R-4)within this district. Residential uses with higher intensities (R-3, R-4) will be primarily suitable adjacent to existing or future commercial or light industrial uses, employed as a transition between said uses and low density residential uses. 2008 City of St. Joseph Comprehensive Plan Chapter 4, Page 30 LAND USE t Residential uses, especially multiple family us providing superior petar public ' (i.e. affordable housing), or superior on site amHies (euque scenicorecreaonalameniyor facility) in perpetuity may be allowed on-site density transfers or increases as provided under a planned unit development. 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VIN psw'ELPIONIW1oN\9ZLEL L\301'1S\SUd\-d 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(40)acres and agriculture is the primary and preferred land use until annexation. This district is intended to meet the goals of the Stearns County Comprehensive Plan by 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 • 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 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 6 and 7 of this Ordinance: A. Agricultural operations • 9-85 SCRs ..of a. f ab 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 landluse 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 performancestandards and general development standards contained in Sections 6 and 7 of this Ordinance: A. Accessory agricultural buildingd 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. • 9-86 SCR. t (if 31 • •, 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 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 • 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 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 further 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. Any interim land use expressly allowed under the terms of the orderly annexation agreement between the township and the city. • 9-87 SCR aia of 31 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(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 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 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. 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 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(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: 9-88 SCR- ' of.. 31 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 1 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 7.4.1 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_iof 31 . • Stearns County Land Use and Zoning Ordinance This Section last amended Oct.5,2010. 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(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 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 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 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 •9-90 SCR o� f o 31 Stearns 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 • 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: (1) Side 50 feet • (2) Rear 50 feet • (3) Front Road Setback from Setback from Road Classification Road Centerline* Right-of-Way(R.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 maybe placed ten(10)feet from the side lot line and ten(10)feet from the rear lot line. • 9-91 N. 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 9.15.11A 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. • • • 9-92 SCR, a7 ,of 3_.1 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. 9.6 Residential District R-10(R-10 District) 9.6.1 Purpose The purpose of this district is to provide limited residential development opportunity on land that is neither highly valued farmland nor is land located within any growth or expansion area of a municipality. Land within this district is generally closer to a municipal growth area than land within the R-20 district. The R-10 district is located adjacent to agricultural areas and efforts to minimize land use conflict, such as restricting new animal feedlots, shall be a primary decision tool in approving development. The R-10 district meets the following Stearns County Comprehensive Plan goals: A. Minimize land use conflict between agriculture and other and uses (Goal 2 Agriculture). (1) Maintain suitable boundaries for urban,rural residential and agricultural areas (Objective 1). B. Manage the impacts of growth and development on the County's rural character(Agriculture, Goal 3). (1) Discourage incompatible land uses through effective land use controls (Objective 1). (2) Identify appropriate areas for commercial, industrial, and non-farm rural residential developments (Objective 2). C. Provide a variety of residential opportunities (Growth and Development, Goal 6). (1) Provide a diversity of housing prices and styles,meeting the needs of residents of different ages, incomes and lifestyles(Objective 1). 9.6.2 Permitted Uses The following uses are permitted subject to any applicable performance and general development standards contained in Sections 6 and 7 of this Ordinance: A. Antennas subject to the conditions of Section 7.27 of this Ordinance B. Essential services,transmission services and utility substations C. Family day care D. Group family day care E. licensed nonresidential programs F. licensed residential programs G. Limited agricultural uses H. Public and private forest and game management areas I. Public parks and trails J. Signs—non-commercial, on premise, subject to the conditions of Section 7.24 of this Ordinance K. Single family residential dwelling units L. Wind energy conversion system(less than 6 KW) 9-37 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. 9.6.3 Provisional Uses The following uses are provisional uses subject to the performance and general development standards contained in Sections 6 and 7 of this Ordinance: A. Animal feedlots subject to Section 6.7 of this Ordinance B. Bed and Breakfast Inns C. Cemeteries D. Government administrative and service buildings E. Greenhouses and nurseries F. Home extended businesses G. Home occupations H. Outdoor recreational facilities I. Temporary use sites in licensed resorts and campgrounds J. Temporary uses/special events 9.6.4 Permitted Accessory Uses and Structures The following accessory uses and structures are permitted subject to the performance and general development standards contained in Sections 6 and 7 of this Ordinance: A. Agricultural buildings that are accessory to a limited agricultural use B. Residential accessory buildings C. Seasonal produce sales stands D. Solar energy systems—accessory E. Swimming pools 9.6.5 Conditional Uses The following uses may be allowed as a conditional uses following the procedure 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. Antennas subject to the conditions of Section 7.27 of this Ordinance B. Churches C. Community buildings D. Golf courses, golf club houses,country clubs,public swimming pools E. Limited rural businesses F. Recreational vehicle parks and campgrounds G. Schools—public and private H. Transmission services I. Wastewater treatment facilities J. Wind Energy Conversion Systems (6KW-40KW) 9.6.6 Interim Uses The following uses may be allowed as an interim use following the procedure set forth in Section 4.18 of this Ordinance and further subject to the performance and general development standards contained in Sections 6 and 7 of this Ordinance: A. Concrete(ready mix)or asphalt mixing facility, temporary 9-38 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. B. One(1) temporary single family residential dwelling unit for supportive care C. Vacation/private home rental 9.6.7 Residential Density Requirements A. Density standard. Except as otherwise provided in Section 9.6.8 A or B of this Ordinance,only one(1) single family residential dwelling unit shall be allowed per ten(10)acres. B. Density transfers allowed within a contiguous proposed development. Residential development rights may be transferred from one 10 acre tract to another contiguous tract. C. Density transfers from non-contiguous lots. Residential development right transfers from lots that are not contiguous within a proposed residential development must be consistent with Section 11 of this Ordinance unless both the sending and receiving lots have been in the same ownership at all times for a minimum of three(3)years. D. Inter-Township transfers. The transfer of residential development rights from one Township to another Township shall be approved by the sending Township and the receiving Township. E. Inter-district transfers. In instances where a property owner has ownership of land in more than one zoning district,residential development rights from the R-10 district may only be transferred to a district which permits a higher residential density. 9.6.8 Standards for Determining Permitted Residential Dwelling Sites A. Parcels of Record. Certain parcels of record recorded under separate deed and not containing ten(10) 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 recorded 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 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 recorded 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. B. Any tract or parcel that is in common ownership and was recorded under the same deed with any other tract or parcel shall not be considered a parcel of record unless one or more of the following apply: (1) Parcels were non-contiguous prior to April 21,2000; or (2) A residential dwelling unit existed on each parcel prior to April 21, 2000; or 9-39 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. (3) Total consideration of the most recent property transfer was less than $1000. C. Residential dwelling site eligibility. An eligible ten(10) acre tract shall be any tract that does not contain any existing residential dwelling and meets either of the following: (1) The tract contains ten(10) acres more or less and is described for example, as the NW 1/4, according to the Government Land Office survey grid system; or (2) The tract contains ten(10)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 ten (10)acres calculation. D. Density calculation. Determining eligibility for a residential dwelling site on a parcel or parcels within the R-10 district shall be as follows: (1) The property owner's total acreage owned on the parcel or parcels all within the R-10 district, less and except any land under the OHWL, shall be calculated. 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. (2) Ten(10) acres for each existing residential dwelling and any equivalent land area previously restricted under provisions of this Ordinance or Stearns County Subdivision Ordinance 230; or successor ordinance, shall be subtracted from the total acreage owned. (3) The results from 1 and 2 above shall be divided by ten(10)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. Non-residential subdivisions. 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 9.6.8 of this Ordinance. F. Declaration of Restriction required. 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 ten(10)acre equivalent land area which is defined as ten(10) 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. Equivalent land area access. The equivalent land area shall have frontage on a public road,or must be held in common ownership with contiguous land 9-40 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. that has public road frontage. Any residual lot or parcel shall have access to a public road. H. Combining eligible density from multiple parcels. The intent of the R-10 district is to restrict residential density to an average of one residential dwelling per ten(10) acres. In order to provide an opportunity to landowners that own large tracts of land to combine their eligible density into a cluster development,the transfer of residential development from one ten(10)acre tract to another contiguous ten(10)acre tract shall be allowed subject to the following: (1) Residential dwelling site transfers that are exempt from the subdivision requirements of this Ordinance shall be approved by the Director. (2) When the cumulative number of Residential Dwelling site transfers totals two(2)or more,the sites shall be clustered and meet the cluster development standards of Section 7.4 of this Ordinance. (3) Requests for residential dwelling site transfers shall not be approved unless accompanied by a Declaration of Restriction prohibiting any residential development on the ten(10)acre tracts from which the residential development rights were transferred unless rezoned. No property conveyance involving a transfer of a residential dwelling site shall occur unless the Declaration of Restriction for the equivalent land area is first recorded in the Office of the County Recorder. 9.6.9 Density Bonus No density bonuses are allowed in the R-10 district, except as allowed under the provisions of Sections 7.4, 7.6 and 10.2 of this Ordinance. 9.6.10 Lot Requirements A. A parcel of record that is determined as such pursuant to Section 9.6.8 A or B of this Ordinance that is less than ten(10)acres in size shall be allowed as a residential building site. B. The following standards shall apply to lots or tracts created in the R-10 district: (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 9.6.11 of this Ordinance, and the sewage treatment system standards of Ordinance 422; or successor ordinance. Lots or tracts with an animal feedlot shall meet the standards as provided in Section 6.7 of this Ordinance when the animal feedlot is located in an agricultural zoning district. (4) The location of any lot in the R-10 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 Sections 6.7.5 and 7.16 of this Ordinance. 9-41 Stearns County Land Use and Zoning Ordinance This Section last amended January 28,2014. C. In the R-10 zoning district,only those uses that are allowed as permitted, provisional,interim,conditional or accessory in the R-1 zoning district shall be allowed on a lot or tract less than five(5)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. 9.6.11 Setback Requirements The following setbacks shall apply: A. Minimum Building Setbacks (1) Side 20 feet (2) Rear 50 feet (3) Front Road Setback from Setback from Road Classification Road Centerline* Right-of-Way(R.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. (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 and manure storage facilities shall meet the setback provisions of Section 6.7.5 of this Ordinance. C. All residential dwellings, in addition to meeting the minimum building setback requirements of Section 9.6.11 A of this Ordinance, shall also comply with the residential setbacks from an A-160,A-80 or A-40 zoning district as provided in Section 6.7.5 A of this Ordinance. 9.6.12 Height Requirements A. 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 buildings shall be exempt from the height requirements. 9.6.13 Lot Coverage The maximum lot coverage shall be twenty five(25)percent. 9-42