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HomeMy WebLinkAboutProposed AmendmentMEMORANDUM OF UNDERSTANDING Revised September ___, 2010 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF STEARNS THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH (JOINT POWERS AGREEMENT) WHEREAS , Stearns County Land Use and Zoning Ordinance, Number 439 was effective June 22, 2010; and WHEREAS , Section 1.4 of Stearns County Land Use and Zoning Ordinance Number 439 states that this Ordinance shall apply to all areas in Stearns County, Minnesota, "except as otherwise provided in law"; and WHEREAS , Section 9.15 of Stearns County Land Use and Zoning Ordinance Number 439 (Attachment 1 hereto) addresses land use controls applicable in areas subject to orderly annexation areas; WHEREAS , the final plat requirements of Section 5.4 of Stearns County Subdivision Ordinance Number 230; or successor ordinance, shall apply within the Town of St. Joseph orderly annexation areas; and WHEREAS , Minnesota Statutes, Section 414.0325, subd. 5 provides that a joint resolution may provide for the establishment of a board to exercise planning and land use control authority within any area designated as an orderly annexation area; and WHEREAS , the City of St. Joseph (“City”) and the Town of St. Joseph (“Town”) have signed such a joint resolution designating the Town of St. Joseph as an orderly annexation area (“OA area”), and in addition, have created the Township of St. Joseph - City of St. Joseph Joint Planning Board (“Joint Planning Board”), which has exclusive authority over land use and zoning issues within the OA area; and WHEREAS , the County and the Township of St. Joseph and the City of St. Joseph desire to enter into a Memorandum of Understanding in order to provide an opportunity to cooperate in administering zoning within the OA area for the purpose of ensuring better consistency in land use regulations and in the implementation of those regulations; and WHEREAS, Minnesota Statutes Section 462.371 provides that any two or more counties, cities or towns may enter into an agreement under Minnesota Statute Section 471.59 for the conduct of regional planning activities under the Municipal Planning Act; and WHEREAS , the County and the Township of St. Joseph and the City of St. Joseph desire to enter into this Memorandum of Understanding as a joint powers agreement under Minnesota Statute Section 471.59 to ensure mutual understanding of each party to this Memorandum of their respective duties and responsibilities related to land use issues; and WHEREAS , the County and the Township of St. Joseph and the City of St. Joseph desire to streamline processes and provide efficient level of services to its residents by allowing the County to administer the applications in the orderly annexation area for items involving platting, rezoning, variance/administrative appeals, and conditional use permits. The County will review applications for compliance, collect application fees, publish required legal notices, and will provide recommendations to the Joint Planning Board for consideration herein described in the attachment 1; and WHEREAS, the County will act as the Zoning Administrator, reviewing and overseeing all relevant zoning related matters in the OA area. They will administer and enforce all provision of Stearns County Ordinances; or successor ordinances within the OA area of the OA area that are not specifically administered or enforced by the Town through this memorandum of understanding; and WHEREAS , the Township of St. Joseph will provide building, fire, and electrical code inspection services in the OA area; and WHEREAS, all applicable Stearns County Regulations apply to the OA area unless otherwise specified through the Orderly Annexation Agreement or Memorandum of Understanding; and WHEREAS, the Joint Planning Board will be a nine-member board, consisting of one member from St. Joseph Town Board, three members from St. Joseph Town Planning Commission, one Stearns County Commission representative, and the one member from City of St. Joseph City Council, and three members from the City of St. Joseph Planning Commission consisting of four members from St. Joseph Township, four members from the City of St. Joseph and one Stearns County Commission representative who will be a non-voting member, will have final authority on all zoning matter described in Attachment 2 in the OA area; and WHEREAS , upon adoption of this Memorandum of Understanding by the City of Joseph, St. Joseph Township and Stearns County, the previous MOU executed by the participating entities on the following dates: City of St. Joseph March 11, 2002 Township of St. Joseph March 11, 2002 Stearns County March 19, 2002 shall hereby be considered rescinded and superseded by the provisions of this agreement. NOW THEREFORE IT IS AGREED , by the County of Stearns, the Township of St. Joseph and the City of St. Joseph to cooperate in administering their land use controls as set out in Attachment 2 of this Memorandum of Understanding. In considering land use applications the following additional provisions will apply: 1. The land use controls for the OA Area shall the Stearns County Urban Expansion District (Section 9.15 of the Stearns County Land Use and Zoning Ordinance No. 439) (Attachment 1), except as limited in Attachment 2. 2. No property within the OA Area shall be rezoned prior to annexation without the approval of both the City and Township. 3. Additional uses that may be allowed in the OA Area by Conditional Use Permit or Interim Use Permit, shall be those as identified in Attachment 3 which are identical to the uses allowed in the City of St. Joseph Code of Ordinances. County of Stearns Date: ____________ By: _______________________________ , Chair Stearns County Board of Commissioners Date: _____________ Attest:_____________________________ Randy R. Schreifels Stearns County Auditor-Treasurer Clerk Stearns County Township of St. Joseph Date: _____________ By: _________________________________ Township of St. Joseph City of St. Joseph Date: _____________ By: _________________________________ City of St. Joseph ATTACHMENT 1 SECTION 9.15 STEARNS COUNTY LAND USE AND ZONING ORDINANCE ATTACHMENT 2 A. Land Use and Zoning Ordinance Provisions 1. Residential accessory buildings shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. 2. No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 3. Any manufactured home to be used as a residential dwelling unit shall be no less than 20 feet in width and shall bear the Seal of Compliance issued by the State of Minnesota. Residential dwelling units shall be no less than 20 feet in width. 4. The transfer of residential development rights within the Township is prohibited in the OA area. 5. The transfer of residential development rights from another Township into St. Joseph Township is prohibited in the OA area. 6. The transfer of residential development rights from St. Joseph Township into another Township is prohibited in the OA area. 7.The following uses (as such are defined in the Stearns County Land Use and Zoning Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require a conditional use permit in the OA Area: a.Antennas – TV/Radio Receiving, Short Wave/Private Transmitting b.Essential Services, Transmission Services and Utility Substations c.Animal Feedlot expansions d.Bed and Breakfast Inns e.Government administrative and service buildings f.Home extended businesses g.Home occupations h.Outdoor recreational facilities i.Accessory agricultural buildings that are accessory to an Agricultural Operation j.Accessory residential buildings k.j.Kennels – private k.Solar systems l.Contractor yards provided they are not visible from the Public ROW m.Structures related to public airports n.Any other uses determined by the Joint Planning Board to be similar in nature and impact to the permitted or conditional uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan. 8. The following uses as such are defined in the Stearns County Land Use and Zoning Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require an interim use permit in the OA Area: a.Temporary uses/Special Events b.All uses under Section 9.15.7 of the Stearns County Land Use and Zoning Ordinance c.Any other uses determined by the Joint Planning Board to be similar in nature and impact to the conditional or interim uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan B. Administrative Roles & Responsibilities 1.The County shall review all applicable Ordinances, in the OA area, determining the appropriate levels of approval necessary for the applicant to proceed. They will review the applications for compliance and determine whether there is sufficient information for them to proceed. 2.The County will administer the applications in the OA area for items involving platting, rezoning, variance/administrative appeals, and conditional use permits. The County will review applications for compliance, collect application fees, publish required legal notices, and will provide recommendations to the Joint Planning Board for consideration. The County will collect the entire application fee and will reimburse the Town and the City their portions of the fee. The County’s fee will consist of staff time and materials. 3.The County City will set the public hearing for the Joint Planning Board by sending out property owner notifications. The County City will send the notification to the County’s official newspaper and to the St. Cloud Time for publications. The Town and the City will post the public hearings in their respected jurisdictions. 4.The County will review any preliminary plat application with the Stearns County Platting Committee. The committee will provide the notice of the meeting to the City and the Township. 5.The County will forward the application and the Department’s review to the City and Township for consideration at the Joint Planning Board public hearing. 6.The County will forward recommendations to the Township and the City. Recommendations will based on the County’s review of applicable regulations that apply to the OA area. Additional recommendations from the Township and the City can also be included based on any additional applicable regulations they have that would potentially impact the OA area. 7.The Township and the City will schedule bi-monthly meetings to be held on an as needed basis for the Joint Planning Board. The Town Board and the City Council shall establish fees for regular and special meeting of the Joint Planning Board. 8.The Joint Planning Board will serve as the Board of Adjustment in the OA area and shall hold the public hearings on all applications for conditional us/interim use permits, variances, rezoningsrezoning’s, platting, and administrative appeals. Except for rezoningsrezoning’s, the Joint Planning Board who will have final authority on all matters listed above except that any aggrieved person or persons shall have the right to appeal within thirty (30) days, after receipt of notice of the decision, to the Stearns County District Court. The Joint Planning Board shall serve as an advisory board and shall make recommendations on rezoningsrezoning’s which shall be submitted to the Township and the City for final decision. RezoningsRezoning’s shall require the approval of both the Township and the City at a joint meeting. 9.The City and the Township will alternate will staffing the Joint Planning Board meetings. Each party will agree to rotate the responsibility on an annual basis and The City will prepare agendas, take the minutes of the meetings, and handle the appropriate paper work associated with the meeting including notifying and recording the necessary permits associated with the action of the Joint Planning Board. 10.The County will issue site construction permits, and will issue preliminary enforcement letters to anyone not in compliance with the provisionsthe provisions set forth in zoning regulations or any other additional restrictions established by the Joint Planning Board. Further enforcement actions will be brought before the Joint Planning Board. Any relevant information will be forwarded to the Township and the City. 11.The Town shall issue all building permits, and conduct buildingconduct building inspections for each permit issued. The Township will provide the County and the City with copies of permits and inspection reports for any permit issued therefore on a monthly basis. 12.Any inconsistencies within the OA area will be brought to the attention of the Joint Planning Board for resolution. 13.Any ordinance revisions affecting the OA area shall be reviewed by the Joint Planning Board prior to adoption. 14.The Joint Planning Board shall regularly review the City of St. Joseph Comprehensive Plan. 15.This Memorandum of Understanding may be terminated by mutual agreement, however, if the parties are unable to mutually agree, then any party can unilaterally without cause terminate the Memorandum of Understanding on ninety (90) days written notice. 16.The parties shall obtain liability coverage for the activities to be conducted by the Joint Planning Board. The cost of such coverage shall be split equally by the City, the County and the Town. ATTACHMENT 3 The purpose of this attachment is to identify future land uses for property in the OA Area. The areas have been identified with a Planning District Number which corresponds to the City of St. Joseph Comprehensive Plan. The uses allowed in the district are the same uses identified in the City of St. Joseph Code of Ordinance. When reviewing a land use application in the OA Area, the documents listed above should be reviewed to assure that permitted uses have not changed. This attachment is an illustration of uses at the time of execution of this agreement and are subject to change as the documents are amended. This page intentionally left blank