HomeMy WebLinkAbout[04] Rezoning - American National Bank FT:TT RE COLLECTOR ALIGNMENT
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REQUEST FOR REZONING
File No: P-002228 Application Date: 10/3/2014
Parcel No: 31.20943.0000, 31.20940.0000
Owner: American National Bank of MN
3210 W Division St
Saint Cloud MN 56301
Applicant: CLC Properties LLC
7939 Ridgewood Road
St.Joseph MN 56374
DESCRIPTION OF PROPOSAL
The applicants are requesting to rezone 143.6 acres(Tract B from the enclosed survey)
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. If
the rezoning is approved,the applicant intends to plat residential building sites on this
property. They would utilize the 14 building entitlements from Tract B,along with 2 building
entitlements from Tract C for a total of a 16 lot plat.
SITE INFORMATION
Location of Property: The property under consideration is part of the NW1/4 and
NW1/4NE1/4 lying easterly of County Road 121 and northwesterly of the Sauk River in
Section 23, St.Joseph Township (124/29).
Vehicular Access:The property has access from County Road 121. The developer also intends
to access the property from 290th St,which is a private road. An easement will be required in
order to use this.
Existing Vegetation: Approximately 71 acres(half the property)is tillable farmland and the
remainder is wooded floodway, 100 year floodplain and wetland.
ADJACENT LAND USES
North—Agricultural use; approximately 20 smaller residential lots 2000'to the north
East—The Sauk River and its floodplain,agricultural use
South—The Sauk River and its floodplain, agricultural use. There is also a 400 acre mining
operation and a large grain terminal to the south.
West—Kennedy Elementary is across County Road 121, along with agricultural use and a
couple rural residential lots
ZONING
North—Urban Expansion
East—City of Waite Park
South—City of Waite Park and Urban Expansion
West—City of St.Joseph
FEEDLOTS
There is one feedlot within%mile of the property(the Enger feedlot to the south). Setbacks
can be met for new dwellings.
OVERLAY DISTRICTS/AREAS OF CONCERN
Part of the property is within the shoreland overlay district and the floodplain overlay district.
There is a large amount of floodway on the property. Very limited uses are allowed in the
floodway. (see enclosed map)
The property is also 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: 3 residential dwelling units
R-10 Development Options on 143.6 acres: *Proposed rezoning
Base density: 14 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 COUNTY 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 County Comprehensive Plan apply
to the rezoning plan request.
LAND USE PLAN
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.
NATURAL RESOURCES AND ENVIRONMENTAL MANAGEMENT PLAN
Goal 1. Preserve important natural systems.
Objective 1. Identify the suitability of natural systems and resources for
development or use.
Objective 2. Develop strong performance standards to preserve sensitive natural
features and systems.
Objective 3. Preserve watershed functions for high-quality surface waters and
recreation areas, and provide for restoration of watershed function
for impaired waters.
Objective 4. Recognize natural systems as critical infrastructure, equivalent to
other kinds of infrastructure in assuring the health, safety, welfare,
and quality of life for County residents, visitors,and businesses.
Goal 5. Support the goals of the County Water Plan.
Objective 2. Minimize impacts to water quality from development through use of
low impact development techniques, improved management of
buffers and natural resources in shoreland areas, and improve
stormwater management in existing developed areas.
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 60.4
❑ The threshold for non-agricultural conversion is 65.
❑ The LE(land evaluation)score which is based on the soils and their characteristics is 36.4.
❑ The SA(site assessment)score which is based on a site's relative importance for
agricultural use is 24.
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 rezoning:
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:
• Whether or not the proposed rezoning is consistent with present land uses in the area.
• The Land Evaluation Site Assessment score is 60.4,which is below the threshold for non-ag
conversion of land.
• 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:
Location map
Application
Survey
Zoning map
Aerial photo
Floodplain map
LESA Summary
•
oct 03 2014 f- ooaaa?
- PLICATION FOR REZONING
EPv'' +'' Environmental Services Department /1(
httpl/co.steams.mn.uslEnvironment/LandUseandSubdivision
Administration Center Rm.343-705 Courthouse Square-St.Cloud,MN 56303
320-656-3613 or 1-800-450-0852-Fax 320-656-6484
00 P-1 - �9y�3
Application Fee:$ 006 , — File No. 'Pr D1722? S" Receipt No.H -I'le
Property Owner 447,10-0-411/ A4-77on/AL e3,9✓K of 'V' Phone
Property Owner Email C r4-4•71 t C aY►b "no. 4,71
Address of Property 9o9s` t.7 �i ten/ cST �Tas���' T Eme)
Mailing Address
Applicant(if different from above) eL€ i3.1FdV s Az.e. Phone 326-ylc-i06-Z
Applicant Email ene Itch 4:7' to e cQ,n w f.c c1-f y
Applicant Mailing Address '21937 gdiL wc'c4) _
Parcel I.D.Number(s) 31'Zo9s/3, moo 'Township �izy� ' Section 2 3
61.001440i 0�gj
Legal Description -7.e4c r 3 aN ter. evJc o f _L„t if + /ad
Staff to Complete
Overlay Districts
Floodplain o Airport o Conservation Overlay n
Shoreland:Water Body Name/Number S(, 2' Classification, Ck AI'U�"af
County's Present Zoning District: u ik L Proposed Zoning District 1X-/ 0
Proposed acreage to be rezoned: /4/3.(a 41/4F S
County's Future Land Use Map i)istrict: (Ar bait) (�61 D71
1.Proposed use of the land to be rezoned: Ta Z? /? zon/.y 7: t4,Y7/4 c- /0 (R -/6)44,jb
"9"-r1"6 ;Ain /Z/ iZ.s:s,, .✓rock 3e(41,6,7g Lord,.
2.Describe how the proposed rezoning will be compatible with the Comprehensive Plan(see attached Goals
and Objectives).
—The proposed rezoning of the parcel is compatible with the comprehensive plan and the Land
Use Plan. The proposed use falls under the"Limited Residential"and"Moderate Residential"
—land use categories(table 3.1). This requested rezoning change is an excellent use of the land,
—the existing tree lines and wetlands as property borders,while protecting and preserving the
natural areas near the Sauk River. The development methods used will encourage storm water
control measures while promoting buffering and wildlife management areas in the flood
—plains of the Sauk River, The proposed land is on the outer boundaries of the St Joseph
—Township and consistent with larger lot development in the area.
3.Township Review:(Twp.Name) /Yor 4AQfie 444 :W OR { A Date
(A completed Township recommendation foam from the Township stating their comments is required prior
to the submittal of this rezoning r'au,��es.t.)
Property Owner's Signature, e.47--0****-*-
Date /o-3 -/y
.....,,,
Applicant's Signatures.c.: 1.4„:;.r: e„& Date Y'”p_1 - 1,
Signature of this application4„."
horizes Environmental Services Staffto enter upon the property to perform needed inspections.
Entry may be without prior notice.
WHAT HAPPENS NEXT? Staff will review your application and determine if the application is complete.
If the application is complete,the application will be scheduled for a Public Hearing with the County
Planning Commission who will recommend action to the County Board 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.
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American National Bank of MN Rezoning
1 inch=1,250 feet
tf 'il
0 215430 860 1,290 1,720 1
Feet 1Viiiit.,4 yu.400141
Date 10/21/2014 ---....--
Stearns County Land Use and Zoning Ordinance
Site Assessment Summary
Property Owner Al\Wh OJ Date of A} ieati,an 10a.1111-1
Township a Section \I-1)' Acreage a30 ,8 t
SA-1 Factors
Measure of Productivity Maximum points-25/50
1. Compatibility of existing agricultural land with Surrounding Land Uses
a.) Adjacent Pts.Avail.7.5= .1 'j b.) Non-Adjacent Pts.Avail.5.0= a‘C'
2. Percent of Site Suitable to Farm Pts.Available 5.0=
3. Relationship of property to feedlots and animal units
a.)Animal units within 1 mile Pts.Available 4.5= b
b.)Animal feedlots within 1 mile Pts.Available 3.0= .15
SA—1 Total \a
SA-2 Factors
Measure Development Pressures Impacting a Site's Continued Agricultural Use.
Maximum points-17.5/50
1. Compatible with Land Use Plan Pts.Available 7.5= 1 i 6
2. Distance to Public Services
a.) Water Pts.Avail.3.0= d b.) Sewer Pts.Avail.3.0= 0
3. Type of Road Access Pts.Available 4.0=
SA—2 Total GI .1
SA-3 Factors
Public Values of a Site Supporting Retention in Agriculture. Maximum points-7.5/50
1. Environmentally Sensitive Areas within one(1)mile Pts.Available 2.5= 0
2. Percent of Site mapped on the National Wetland Inventory Pts.Available 2.5= 0
3. Percent of Site located within the Floodplain Pts.Available 2.5= 5
SA-3 Total 'a 5
LE - 3lp.u Total Site Assessment Score=
sv- au
A-4
THIS PAGE INTENTIONALLY LEFT BLANK
April 14,2014
Page 1 of 2
Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St.Joseph
met in regular session on Monday,April 14,2014 at 7:00 PM in the St.Joseph Township Hall.
Members Present: Chair Jeff Janssen. Members Ralph Eiynck, Renee Symanietz, Hal Undersander,
Mike Koltes,Ross Rieke,Gina Dullinger. Steams County Commissioner Mark Brommenschenkl.
Others Present: Brenda Stanger,Jerome Saizer,Ann Reischl, Rich Ramer,Craig Hiltner,Kevin Cox.
Aoarove Minutes: Symanielz made a motion to approve the minutes of March 10,2014;seconded
by Eiynck and passed unanimously by those present.
American National Bank. Proposed Develooment: Weyrens stated that she had been contacted by Rich
Remer of American National Bank regarding the foreclosed property of Bob Herges/Rick Held. The
property is located east of CR 121, north and adjacent to the Sauk River.Ramer was questioning
proposed uses for the property and how the Joint Planning Board envisions the property in the future.
Weyrens stated that she contacted Steams County Environmental Services and based on the acreage,
the property in question would be allowed six development rights under the current zoning,Urban
Expansion(UE). UE allows one dwelling unit per 40 acres.
Remer approached the Board and stated that he has meet with potential developers inquiring the
possibilities for the property. He further stated that the bank also owns the property to the south of the
Sauk River,located in Waite Park. In meeting with Waite Park,they envision the property a combination
of residential and commercial. It is his understanding that the property in the St.Joseph Orderly
Annexation Area is guided for residential development. With that understanding the bank would consider
selling the property to one developer who in turn would sell the oudots. Remer presented the Board will
two different illustrations of development, using a ghost plat to illustrate potential fully serviced lots.
The Joint Planning Board discussed the following:
• The cost of extending city utilities at this time would be cost prohibitive leaving the property
undeveloped.
• The property has considerable wetland impacts,which is visible when reviewing the 500 year
flood plain illustrations. Any development would require an environmental analysis and review by
the Sauk River Watershed District.
• Two different ghost plats were presented with one illustration providing future lots with a 100'
street frontage and the second having a 200'street frontage. The Board generally agreed that
that the wider lots provided a better development.
• Importance of preserving green space in planning, not all developments should be dense
housing.
• Cluster developments are not a product that is easily sold in the market place. The development
would be best served with individual well and septic systems.
• Due to the availability of property for residential development already located in the City and near
the subject property,the subject property is mostly likely in the long range development plan of
the City,not needing or requesting municipal services.
• Questioned whether the property could be developed under the current zoning classification of
Urban Expansion or if it would have to be rezoned to some residential district. This determination
would be made by Steams County Environmental Services.
• The proposed road within the development as illustrated on the exhibits does not match the City
of St.Joseph Transportation Plan. If a preliminary plat is submitted the road plan should be
reviewed and adjusted.
• Any development of the property would require platting which includes additional requirements
such as park dedication,storm water management and engineering review.
• The OA requires ghost platting for property located within the OA area.
April 14,2014
Page 2 of 2
Remer stated that he would review the information discussed at this meeting and review potential
development plans.
Other Matters: Janssen stated that he and Mayor Schultz had a discussion about the location of the Joint
Planning Board and that according to the OA,the location should be rotated. He questioned the Board as
to their thoughts. Rieke stated that he is fine with the meetings at St Joseph Township as it might
present a logistical issue for the Township if the moved since the Township meeting is scheduled for 8:00
PM the same night. Janssen stated that if the meeting were moved to City facility,the meeting night
would need to be changed. By consensus the Board agreed to continue holding the Joint Planning Board
meetings at the St Joseph Township Hall.
AdiQum, Undersander made a motion to adjourn at 8:00 PM;seconded by Symanletz and passed
unanimously by those present
/ati .1 Zak. ,409
Jeffre'J / J • :yrens
Joint Board C r J,s•-rd Secretary
CERTIFICATE OF SURVEY
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THIS PAGE INTENTIONALLY LEFT BLANK
LAND USE
District Fourteen
Approximate Location Portion of District 'Developed'
District Fourteen is located in the south eastern portion of the city
and most of the district is external to the current corporate limits. The
approximate boundaries include:
• Projection of 12th Avenue SE (western boundary)
• CSAH 75 on the north
• Sauk River
Total Acres in District: This district contains 1,126 acres of land.
Number of Acres Platted: 51 acres have been subdivided; 1,075
acres have not yet been subdivided.
Number of Acres with Potential Development Considerations: 772 sibdnidedAc ■NorFs.ea.Ac.
acres within this district contain considerations for development
(flood plain/shoreland, wetland, public water, hydric soils, and cultural resources).
Areas of Stability and Areas of Change: A relatively small area of change and a very small of stability
have been identified within this district. Areas of change are located within the River's Bend Subdivision
and adjacent to 20th Avenue near existing commercial development. A small area identified as an 'area of
stability' is located adjacent to the Liberty Pointe development. 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 Fourteen include a potential regional transportation corridor
(southwest beltway), the projection of 20th Avenue, the easterly projection of Field Street, and a large
wetland complex in the eastern portion of the district.
Existing Land Use
Existing land uses in this district include large lot residential, vehicular oriented commercial, and
agricultural.
Proposed Future Land Use
Proposed future land uses within this district are general in nature. The district is including in this planning
effort as a means of providing sufficient guidance in planning and designing future utility sizes, placement,
and location.
A small area of change has been identified adjacent to the projected extension of 20th Avenue. The area
of change is primarily guided for future commercial development; however, such development must
respect the mobility function of 20th Avenue with commercial development either clustered around high
functioning intersections or provided access through 'backage' roads (no direct access from 20th Avenue).
This district is also impacted significantly by a corridor study for a regional arterial (i.e. southwest
beltway). If it is decided the regional corridor will be placed in the 20th Avenue corridor, maintaining
mobility will be even more of a priority. In the event the regional arterial roadway follows 20th Avenue the
city should provide for larger commercial lots suitable for large retailers and 'big box' clusters. Such high
intensity commercial uses should be surrounded by higher density residential uses (R-2, R-3, R-4) which
allow for a meaningful transition to low density residential development.
2008 City of St.Joseph Comprehensive Plan Chapter 4, Page 44
LAND USE
Areas within the River's Bend Subdivision are guided to future residential development. Remaining
portions of this district are severely impacted by a significant wetland complex; as such they are guided
toward future low density residential and open space use.
2008 City of St.Joseph Comprehensive Plan Chapter 4, Page 45
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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 Steams County Comprehensive
Plan by limiting bathers to efficient growth of cities and encouraging joint
planning between cities and townships and is specifically directed by the
following Stearns County Comprehensive Plan goals:
A. Manage the impacts of growth and development on the County's rural
character(Land Use Goal 3).
(1) Deter premature development in rural areas and,in urban expansion
areas around cities(Objective 3).
B. Use existing infrastructure and resources efficiently(Land Use Goal 5).
(1) Coordinate infrastructure expansion with development;and encourage
development where the infrastructure is adequate to serve that growth
(Objective 1).
9.15.2 Relationship to Orderly Annexation Agreement
The Urban Expansion District regulates areas of Stearns County adjacent to
incorporated municipalities in areas also subject to an Orderly Annexation
Agreement(OAA)except those areas within Commercial,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 SCR_ ._of �
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 landuse expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
9.15.4 Provisional Uses
The following uses are provisional uses subject to the performance standards and
general development standards contained in Sections 6 and 7 of this Ordinance:
A. Bed and Breakfast Inns
• B. Government administrative and service buildings
C. Greenhouses and nurseries
D. Home extended businesses
E. Home occupations
F. Outdoor recreational facilities
G. Temporary use sites in licensed resorts and campgrounds
H. Temporary uses/special events
I. Any provisional land use expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
9.15.5 Permitted Accessory Uses and Structures
The following accessory uses and structures are permitted subject to the.
performance standards and general development standards contained in Sections 6
and 7 of this Ordinance:
A. Accessory agricultural 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.
9-86
SCR SU of 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 as 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_a3'of_ a
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 SCK �`t of 31
Steams 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(4)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
M.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.a of 3l
•
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
• 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 providedin 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 may be placed ten(10)feet
from the side lot line and ten(10)feet from the rear lot line.
•
9-91 SCR of _
. w,
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..Z_7 .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 Steams 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-l0
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
OB/27/2012 14:04 111002 1AD PAGE 02
MEMO
TO: St.Joseph City Council
FROM: Susan Kadlec,City Attorney
RE: Notch/Ehlert Rezoning Application
OUR FILE NO.: 31229
DATE: August 24,2012
I. OVERVIEW OF THE ISSUE.
The Township of St.Joseph—City of St.Joseph Joint Planning Board("JPB")has
recommended approval of the application by Cory Mart to rezone 62.5 acres to R-5. The
rezoning will increase the residential density for the property from one single family residential
dwelling unit for the entire site to one residential dwelling unit per acre. The applicant hes
identified twelve residential lots of varying sizes to be developed on the property. According to
the applicant,wetlands prevent the development of a greater number of residential lots on the
property
Under the joint powers agreement,any rezoning prior to annexation must be approved by
both the City Council and the Town Beard of Supervisors.The rezoning must be considered at
joint meeting,but each governing body must separately approve the request. Rezoning requires
a simple majority vote by each governing body.Angie Berg of Stearns County Environmental
• has confirmed that following rezoning,the subdivision of the property will remain under the
jurisdiction of the JPB because it remains within the boundaries determined under the Orderly
Annexation Agreement.
II. LAND USE CONTROLS:'`
The following land use controls apply to the property:
(1) Section 9.15 of the Stearns County Land Use and Zoning Ordinance No.439;
(2) Additional provisions contained in Attachment 2 to the joint powers agreement(the
Memorandum of Understanding);
(3) The City of St.Joseph Comprehensive Plan must be reviewed to determine whether
any proposed uses are in harmony with the plan.
1
08/27/2012 14:04 111002 1AD PAGE 03
a. Applying Ordinance Section 9.15
In order to approve the re-zoning, the City Council should first consider whether it will
meet the enumerated purpose of the urban expansion district
9.15.1 Purpose. The purpose of this district is to enable the orderly and efficient
stating of urban services,included wastewater,water,electric,gas,roads
and communications in those areas where cities and townships have
entered into an orderly annexation agreement(OAA). Urban services are
extended more efficiently and land use patterns are more coherent when
cities can grow without being hindered by large lot residential or
commercial development. Residential development may only be allowed
at a low density,not to exceed one residence per forty(40)acres and
agriculture is the primary and preferred land use until annexation.
This district is intended to meet the goals of the Stearns County
Comprehensive Plan by limited barriers to efficient growth of cities and
encouraging joint planning between cities and townships and is
specifically directed by the following Stearns County Comprehensive Plan
goals:
A. Manage the impacts of growth and development on the County's rural
character(Land Use Goal 3).
(I) Deter premature development In rural areas and in urban expansion
areas around cities(Objective 3).
B. Use existing infrastructure and resources efficiently(Land Use Goal 5).
(1) Coordinate infrastructure expansion with development;and
encourage development where the infrastructure is adequate to serve
that growth(Objective 1).
(emphasis added).
The property is located within 1 000 feet of City sewer and water services. However,the
lots will be developed on private well and private septic systems. The Council should consider
whether a development of this nature will encourage or impair the extension of City services to
the proposed lots in the future,and whether it will encourage or impair the extension of City
services to surrounding or intervening properties.
2
08/27/2012 14:04 111002 1AD PAGE 04
The property abuts the location for the further east/west arterial roadway corridor
_ identified in the St.Joseph Transportation plan. The City Council should consider whether the
proposed development will impair the development of this future east-west arterial roadway.
The Council should also consider whether the proposed development will have an impact on the
extension of other City services,such as fire,police and trash removal, as well as private services
such as electrical,telephone,cable and internet services.
The Council should also consider whether this development is premature. To make this
determination,the Council should consider whether there is a present need for the development
of large residential lots based upon theinventory of available existing residential lots,the
potential time frame for the development of the intervening property,i.e.whether this
development will constitute"leapfrog";or scattered development rather than the staged and
orderly development.
b. Applying the Provisions of the Joint Powers Agreement.
One of the purposes of the Joint Powers Agreement is to"cooperate in administering
zoning within the OA area for the purpose of ensuring better consistency in land use regulations
and in the implementation of those regudatlons." Section B. 12 of Attachment 2 further sates that
"Any inconsistencies within the OA area will be brought to the attention of the Joint Planning
Board for resolution."
The JPB discussed whether the development contemplated by this application was
consistent with the development in the surrounding area. While there are several similarly sized
residential lots in the vicinity,the lots largely lie within St.Wendel Township,and are not the
result of decisions made by the JPB. This is the first R-5 development to be proposed under the
Joint Powers Agreement and accordingly will be considered a precedent for future development
3
08/27/2012 14:04 111002 lAD PAGE 05
proposals within the OA area. The Council should consider whether this application is a
desirable precedent within the OA area. In other words,would the Council be in favor of similar
developments within the OA area.
c. Applying the City of St.Joseph Comprehensive Plan.
Under the Joint Powers Agreement,the proposed use must be in harmony with the City
of St.Joseph Comprehensive Plan. The relevant goals of the Comprehensive Plan are:
1. To collaborate with Steams County and St.Joseph Township to help ensure
land use decisions in areas likely to become urban in the future aro not
counterproductive(e.g.development of subdivisions with decentralized
water/sewer facilities in the orderly annexation area).(Goal#1,Objective
A.l.)
2. Prior to making land use decisions, the City should:(a)Consciously review
planned local and regional transportation systems and how they relate to the
type and intensity of both the land uses proposed and existing/planned
transportation system purpose and type;and(b)promote connections between
housing and centers of employment,education,retail and recreation uses.
(Goal#1,Objective B.2.)
3. The City should conserve natural resources—particularly surface and
groundwater resources—and protect vital natural areas when designing and
constructing local infrastructure and planning land use patterns. (Goal#1,
Objective C.1.).
4. Encourage infill development and redevelopment where possible to maximize
the public's investment in infrastructure.(Goal#1,Objective D.)
5_ Provide for a diverse array of housing types and housing locations so as to
prevent the polarization of the community into one age or income group.
(Goal#2, Objective A)
6. The City should pursue the development of safe,healthy and attractive
residential environments which offer a broad choice of housing options
including sufficient life-cycle housing options,sizes and values contributing
to a diverse population and various income levels. (Goal#2,Objective A.I.)
7. The City should approve and permit proposed housing developments in light
of population forecasts,existing housing stock and current and future
community and regional needs, as appropriate. (Goal#2,Object A.3.)
4
08/27/2012 14:04 111002 lAD PAGE 06
•
Section 1 and 2 duplicate the factors applied under the Steams County Ordinance above. The
Council should consider whether the rezoning would advance the goals and objectives set forth
in 2 through 7 above.
The property in question falls within Planning District Three of the Comprehensive Plan.
•k'
Future land uses for Planning District 3 are as follows:
Future land use is expected to be a mix of residential, commercial and industrial
use types and intensities. Future commercial use is anticipated in clusters
.- adjacent to major intersections'. The development type/style will be
complimentary to roadway corridor functions and existing development. Future
residential uses are expected to vary in density(R-1,R-2,R-3,R-4)within this
district....
In compliance with this,the future land'use plan map shows that the property has been guided to
commercial use along the planned cast/west roadway corridor,tiering northward to medium
density residential and low density residential.The development contemplates only low density
residential. The Council should consider whether the rezoning will provide for uses consistent
with those identified in the Comprehensive Plan for the property.
Approval of the rezone does not.technically require the amendment of the
Comprehensive Plan if the uses are inconsistent because the property is not being annexed into
the City. However,the Council should apply the same standard to this rezoning decision that it
would apply to a request to amend the Comprehensive Plan because such an amendment will be
need in the future when the property is annexed.
III. VOTING PROCEDURE.
The Council will need to adopt written fundings of fact to support its decision. It is my
recommendation that each councilmember individually state their vote on each of the findings of
fact and state any reasons they may have for their vote on the finding. Once all of the findings
5
08/27/2012 14:04 111002 lAD PAGE 07
have been addressed, the Council should vote on the ultimate question of whether to approve the
rezoning request. This will provide the basis from which to create the written findings,as well
as provide an adequate record in the event the decision is reviewed. The ultimate question should
be supported by a majority of the findings,but need not be supported by all of the findings. The
following are suggested questions for the councilmembers to consider in making proposed
findings:
I. Will the proposed rezoning encourage the extension of City services to the proposed lots
in the iitture?
2. Will the proposed rezoning encourage the extension of City services to surrounding or
intervening properties?
3. Will the proposed rezoning encourage the development of the future east-west arterial
roadway?
4, Will the proposed rezoning encourage the extension of other City services,such as fire,
police and trash removal,as well as private services such as electrical,telephone,cable
and Internet services?
5. Is the rezoning likely to result in premature or"leapfrog"development?
6. Is the development allowed under the R-5 Zone consistent with existing development
within the OA area?
7. Is the development allowed under the R-5 Zone consistent with future development
within the OA area?
8. Is the rezoning in keeping with the goals of the City of St.Joseph Comprehensive Plan?
a. conservation of natural resources,
b. encourages infill development and redevelopment to maximize the public's
investment in infrastructure,
c. provides for a diverse array of housing types and housing locations
d. is desirable in light of population forecasts,existing housing stock and current and
future community and regional needs,as appropriate
9. Will the rezoning provide for uses consistent with those identified in the Comprehensive
Plan for the property?
6