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HomeMy WebLinkAbout[03] Public Hearing - Honer Excavating CUP TOWNSHIP OF SAINT JOSEPH0,,A.A ....44A,--r-111\._. ` CITY OF ST.JOSEPH PoBOX sss P St.Joseph MN 56374 BOX 320-3634825 St.Joseph MN 5 56374 320-363-7201 jweyrenstrcityofstjoseph.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 Thursday,March 19,2015 at 8:00 PM in the St.Joseph City Hall,25 College Ave N. The purpose of the hearing is to consider a conditional use permit to allow for a contractor yard in the Urban Expansion area. The request for rezoning is in accordance Section 4.08,6.16 and 9.15.6S of the Stearns County Land Use and Zoning Ordinance#439. The property under consideration is Lot 1 Block 1 St.Joe Sand and Gravel, Section 4,lying westerly of County Road 2, St.Joseph Township(124.29). The request for conditional use permit has been submitted by Honer Excavating Inc, St.Joseph MN III I c,0 o✓ Q ,,,,. MIN :1:41,uiimiiii "word ti 4 Subject Propertynl►i. - �'t l5,,, 'u � -tt�,� , *' —1=►\ •s�11N► a$? I� y�`l! 04r� riiillr,V ti• 211 y '_.._±tile. •Ab Falk Reek U..?.,7;4511n%ttio I.Lt 5r' w%Ell a :;r iruw,r+A u1., Co II 1111%L. - S • ii111/ Ill;WO,Owl „� ._ ii milin=1I1 � ›.111 vim DAT,E�'ll W ... rd��► ERI I P�' mss;”--- 's• -It 'II—I,„, lSO so -- f * --._,.. el 5 coo cr , THIS PAGE INTENTIONALLY LEFT BLANK CONDITIONAL USE PERMIT REQUEST Contractor's Yard File No: T-002814 Parcel No.: 31.21399.0000 Owner/Applicant: St.Joe Sand and Gravel LLC PO Box 639 St.Joseph, MN 56374 Honer Excavating Inc. PO Box 242 St.Joseph, MN 56374 DESCRIPTION OF PROPOSAL The applicant is requesting to operate a contractor's yard including construction of a new shop and excavation equipment and vehicle storage. The request is in accordance with Sections 4.8, 6.16 and 9.15.6 S of Stearns County Land Use and Zoning Ordinance#439. The proposed building would be approximately 70'x200' (it would not all be built at one time) with 20,000-30,000 square feet of outdoor storage area and parking. GENERAL SITE INFORMATION Location of Property: The property under consideration is Lot 1 Block 1 St. Joe Sand and Gravel,Section 4, lying westerly of County Road 2, St.Joseph Township (124/29). The property address is 31253 County Road 2 St.Joseph. Zoning District: Urban Expansion Lot Size: 27.91 acres Vegetation: Approximately 80%of the property is a gravel pit with the remaining 20% consisting of grass,trees and wetland. APPLICATION ANALYSIS Building Placement: The applicant is proposing to construct a 70'x200' shop with 20,000- 30,000 square feet of outdoor storage area and parking within the gravel pit on the property. The proposed location of the shop meets all required setbacks. Road Access/Traffic Flow:The access to County Road 2 is existing. No change to the access is proposed. Parking: 7 parking spaces are required based on the proposed size of the building. There is adequate room on the property for parking. Signs:The applicants are proposing add a sign for the contractor's yard on the existing sign for the mining operation near County Road 2. This would be considered an off-premise sign for the contactor's yard and therefore not allowed. The existing sign is not considered an off-premise sign since it is required per Section 7.17 of Ordinance#439 for the mining operation and also required for the asphalt plant per Section 6.15 of Ordinance#439. Screening:The contractor's yard will be located in the center of the property, on the floor of the gravel pit. Due to the topography of the property, no additional screening is proposed. Lighting:The applicants have proposed downward-facing light fixtures attached to the building. There is no other lighting on the property. Lot Coverage: The applicant is proposing to add 35,000-43,000 square feet of new impervious surface. If one acre of new impervious surface is added, a stormwater management plan will be required. Less than 25%of the property will be covered with impervious surface. Wetlands: There are no wetlands within the vicinity of the proposed contractor's yard. Subdivision Agreement: The subdivision agreement for St.Joe Sand and Gravel states that no drinking water well shall not be installed or used within the plat. The applicants have stated that a well and septic will be installed on the property. The subdivision agreement will need to be amended to allow this. A site evaluation report from a licensed septic designer and a water test for nitrates should also be submitted. Accessibility: The proposed building and parking area will need to meet the handicap accessibility code. CONSISTENCY WITH COMPREHENSIVE PLAN This proposal is compatible with the Goals and Objectives of the Comprehensive Plan. Land Use Plan: Growth& Development Goal 3. Manage the impacts of growth and development on the County's rural character. Objective 1. Discourage incompatible land uses through effective land use controls. Objective 2. Identify appropriate areas for commercial, industrial, and non-farm rural residential developments. Future Land Use Map: Urban Expansion district The Urban Expansion district 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: Metro 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. 4. Support transit improvements, including the Northstar Commuter Rail extension. STAFF RECOMMENDATION Staff recommends the Joint Planning Board consider the following condition for the conditional use permit according to Sections 4.8, 6.16 and 9.15.6 S of Ordinance 439 with the following conditions: 1. Submit documentation from a licensed building official that the shop was constructed to meet the State Accessibility Code. 2. If the total new impervious surface exceeds 1 acre, a stormwater management plan according to Section 7.25 of Stearns County Land Use and Zoning Ordinance#439 shall be required. 3. Amend the subdivision agreement for the plat St.Joe Sand and Gravel to allow for a septic system and well to be installed on the property. In addition to the subdivision agreement amendment, submit a site evaluation report from a licensed septic designer identifying primary and alternate septic sites and submit a water test for nitrates from a well within the plat or within 300' of the plat boundary. 4. A maximum of twenty (20) commercially licensed motorized vehicles associated with the contractor's yard (including trucks and trailers) are allowed. 5. The Joint Planning Board should decide whether the outdoor storage area should be more clearly defined. It is recommended that members of the Joint Planning Board conduct a site visit. THIS PAGE INTENTIONALLY LEFT BLANK STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS CONDITIONAL USE PROCEEDINGS Honer Excavating, Inc. In the matter of: St. Joseph Sand and Gravel The Joint Planning Board considered a request for Conditional Use submitted by Honer Excavating, Inc. to consider issuance of a conditional use permit to allow the operation of a contractor’s yard including construction of a new shop with excavation equipment and vehicle storage. The matter was duly published and notice was provided to property owners within 1000 feet of the above referenced property and the Joint Planning Board conducted a public hearing on March 19, 2015. PROPERTY ADDRESS: 31253 County Road 2 PARCEL NO.: 31.21399.0000 PROPERTY LEGAL DESCRIPTION: Lot 1, Block 1, St. Joe Sand and Gravel Findings of Fact The St. Joseph Joint Planning Board acknowledged the following in consideration of the request for Conditional Use to allow for the operation of a contractor’s yard including construction of a new shop with excavation equipment and vehicle storage: 1. The subject property is currently zoned Urban Expansion 2. The properties contain a gravel mining pit, which existed prior to the County Land Use and Zoning Ordinance 209. The gravel pits were registered as pre-ordinance mining operations in 2004. Mining and processing activities are allowed under the registration. 3. The adjacent land uses to the subject property are agricultural in addition to some rural residential lots. The City of St. Joseph is south and south east of the subject property. 4. Consistency with the Stearns County Comprehensive Plan a. Chapter 3, Land Use Plan: i. Objective 1: Discourage incompatible land uses through effective land use controls. ii. Objective 2: Identify appropriate areas for commercial, industrial, and non-farm rural residential developments. b. Future Land Use Map – Urban Expansion allows for limited commercial and industrial development. 5. Consistency with the City of St. Joseph Comprehensive Plan, Transportation Plan, and Utility Plans a. The subject property is located in Planning District three which identifies this area a low density residential. The mining operation is permitted as a pre-existing use and at some point in the future when the mining is completed the property could be developed as low density. b. Utility Planning – The conditional use permit will not impact future utilities. c. Transportation Plan – The conditional use permit will not impact future roadways. 6. As Zoning Administrator for the Orderly Annexation Area, Stearns County Environmental Services prepared and forwarded a staff report which included review of the application in relation to the standards for granting a conditional use permit to allow the operation of a contractor yard (Land Use and Zoning Ordinance #439 Sections 4.8, 6.16, and 9.15.6S). The following are the review comments: a. Building Placement – The applicant is proposing to construct a 70’ x 200’ shop with 20,000 to 30,000 square feet of outdoor storage area and parking within the gravel pit on the property. The proposed location of the shop meets all required setbacks. b. Road Access/Traffic Flow: The access to County Road 2 is existing. No change to the access is proposed. c. Parking – Based on the proposed site plan, seven (7) parking stalls will be required. d. Signs – The contractor yard will not have any signage. e. Screening – The contractor’s yard will be located in the center of the property, on the floor of the gravel pit. Due to the topography of the property, no additional screening is proposed. f. Lighting – The building will have exterior lighting with downward facing fixtures. No other lighting is proposed. g. Lot Coverage – The applicant is proposed to add 35,000 – 43,000 square feet of new impervious surface. If one acre of new impervious surface is added, a storm water management plan will be required. Less than 25% of the property will be covered with impervious surface. h. Accessibility - The proposed building will be required to meet the handicap accessibility code. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the Conditional Use Permit (CUP) to allow the operation of a contractor’s yard, as requested by Honer Excavating with the following conditions: 1. Hours Operation: Monday – Friday: 6 AM to 8 PM Saturdays: 7 AM to 8 PM Sundays and Holidays: Operation not allowed 2. Signage: The CUP does not include provisions for signage and if at some point in the future, signage be requested, the property owner will be required to go the planning process. 3. Screening: The property owner has indicated that the storage of material will be kept on the floor of the gravel pit, so additional screening is not required. If at some point in the future the property owners changes the located of the outdoor material the property owner shall meet with the Joint Planning Board to determine if additional screening is required. 4. Equipment: A maximum of twenty (20) commercially licensed motorized vehicles associated with the contractor’s yard (including trucks and trailers) are allowed. 5. Accessibility Code: Prior to receiving a certificate of occupancy, the property owner shall provide Stearns County Environmental Services with documentation from a Licensed Building Official that the shop was constructed to meet the State Accessibility Code. 6. Storm Water: If the total new impervious service exceeds one (1) acre, a storm water management plan according to Section 7.25 of the Stearns County Land Use and Zoning Ordinance #439 shall be required. 7. Required Permits: The applicant is responsible for obtaining all required permits and provide a copy of the same to Stearns County Environmental Services. Adopted this day of , 2015 ST. JOSEPH JOINT PLANNING BOARD By Jeffrey Janssen, Chair Drafted by: City of St. Joseph PO Box 668 By St. Joseph MN 56374 Judy Weyrens, Secretary 320.363.7201 This page intentionally left blank — = 'V'' 3 ATION FOR CONDITIONAL USE PERMIT General Application P- p a a / ` 2 7 2015 Stearns County Environmental Services Department /� I h ://co.stearns.mn.us/Environment/LandUseandSubdivision ENVIRONMEtCenter Rm 343 - 705 Courthouse Square- St.Cloud,MN 56303 0-656-36113 or 1-800-450-0852 -Fax 320-656-6484 x Application Fee: $ File No. I 0()D,F/ Receipt No. L5 -0 9? / Property Owner S t. Joe Sand and Gravel LLC Phone 320-240-2000 Property Owner Email Address of Property 31253 County Road 2, St. Joseph Mailing Address P.O. Box 639, St. Joseph, MN 56374 Applicant(if different from above) Honer Excavating Ihc. Phone 320-250-6465 Applicant Email Applicant Mailing Address P.O. Box 242, St. Joseph, MN 56374 seph Parcel I.D.Numbers 31.21399.0000 Townshi S24t. �R29) Section 3 ( ) p (Ti 29) Legal Description Lot 1, Block 1, St. Joe Sand and Gravel plat Structures and facilities may be required to meet the Handicap Accessibility Code portion of the State Building Code,Minnesota Rules,chapter 1341. Primary Zoning District Urban Expansion District Section of Ordinance OAA + 9.15 Proposed Use Contractor Yard Section of Ordinance OAA + 6.16 Staff to Complete `4 Overlay Districts o Floodplain o Airport o Conservation Overlay o Shoreland:Water Body Name/Number Classification 1. Detailed Description of Request. Include current and proposed uses and structures you plan on building; number of employees and hours of business. See attached. 2. What road do you access? Are you proposing a)any changes to the access or b) a new access? CSAH 2. No changes or new accesses are proposed. 3. Describe existing and proposed fencing and screening, including vegetation. See attached. 4. How will you manage erosion and storm water on your property? See attached. Will you be disturbing over one acre of land?Y Will your project end up with more than one acre of new impervious surfaces? Y/© 5. Describe existing and proposed lighting on the property. See attached. 6. Describe existing and proposed parking and loading facilities on the property? Include the type of surface (gravel, concrete, asphalt) and the number of parking spaces. Explain or show on site plan the general traffic circulation. See attached. 7. Describe existing and proposed signage on the property. For signs on a structure, a building elevation is required. See attached. 8. Describe existing and proposed outdoor storage and display areas. See attached. Building and Setbacks(As shown on site plan) 9. Dimensions 70'x200 15. Lot Size 664'x1883'-27.91 acres 10. Total Height 35' 16. Lot Coverage Less than 3% 11. Sidewall Height 16' 17. Front(OHWL) Setback N/A 12. ROW Setback More than 650' 18. Rear Setback More than 750' 13. Centerline Setback More than 650' 19. Side Setback More than 50' 14. Feedlot Setback N/A Note: In order to fully evaluate the proposed use,please suppl a site plan map that shows all applicable distances, setbacks,buildings,roads,parking,display atlas,lighting,et Property Owner's Signature Date Applicant's Signature v Date Signature of this application au rizes Environ ntal Services Staff to 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 CUP. wsi► Stearns County Planning Commission Worksheet for Findings of Fact—Conditional/Interim Use Permits Findings shall be made in either granting or denying an application, and should reference specific sections of ordinances that apply to the project. Questions which you could be asking include, but are not limited to: 1. Is the proposal consistent with existing County ordinances(performance standards)? Specify the applicable section of the ordinance and discuss why or why not. Zoning District Yes. The proposal is consistent with the amendment to the St. Joseph City/Township OAA and Section 6.16 of the County Ordinance. 2. Are there any other standards, rules or requirements that the proposal must meet? Setbacks in OAA amendment. Section 6.16 performance standards for "contractor yard". 3. Is the proposed use compatible with the present and future land uses in the area or can it be separated by distance or screening from adjacent land uses? Why or why not? How will any scenic views be impacted by the proposed use? The use is consistent with the mining operation that has existed for many years and will continue for decades. The contractor yard will be located in the middle of the site. 4. How are the potential environmental impacts(ground water, surface water, air quality, wellhead protection areas)of the proposal being addressed? There will be no environmental impacts. 5. How will the potential impacts of the proposal affect the property values of the area in which it is proposed? The contractor yard will increase the property value of the site and will not affect the value of neighboring property. 6. What potential public health, safety or traffic generation impacts will the proposal have in relation to the area and the capability of the roads serving the area, and how are they being addressed by the proposal? There will be no impacts to public health or safety. Only minimal additional traffic will be generated. 7. How does the proposal affect the general health, safety and welfare of the residents? The contractor yard will improve the welfare of the public by relocating the use to a more appropriate area. 8. Does the proposal conform to the goals and objectives of the County's Comprehensive Plan? Specify which goals and objectives apply. The proposed use will not impede orderly growth of the City and maximizes the use of the property. 9. How will the proposal potentially impact existing public services and facilities including schools, parks, streets and utilities and what potential is there for the proposal to overburden the service capacity? How will these issues be addressed by the proposal? The use will not impact public services or facilities. The use will not connect to sewer or water. 10.Has the applicant provided financial assurance to guarantee reclamation or cleanup? Not applicable. 11.Other issues pertinent to this matter. Note: The Planning Commission is a recommending body to the County Board, any motion relating to the conditional/interim use permit should be made in that context. %.2,....5, ..-111F- _... _ 1V.:?4,„ og ` .Y f IP v�4' s �� co4,111° A g J g I O�NF� N T t s . t ICai GTO ADZ Q irl (E) ..., v GI 0 ° g v Q. f m m = = v► = 1 .°OA♦ ii 0) E f1toDy j CD u u u I !-` +ter Q , m m v i II u n ♦ 1 to I.- 4, O o N O p; O » 11 / rd St.N rf_-.) } r N Mi N ti r Z I. ; ;Z x N 0 ,.- „ , ' . '^ Lamr cI w U Id al TS RINKE NOONAN attorneys at law February 27, 2015 R .g- 0 Direct Dial:320-257-3868 Aripple@RinkeNoonan.com FEB 2'7 2015 ENVIRONMENTAL SERVICES Angie Berg Land Use Division Supervisor Stearns County 705 Courthouse Square, Rm 343 St. Cloud, MN 56303 HAND DELIVERED Re: St. Joe Sand & Gravel LLC/Honer Excavating Inc. CUP Application Our File 25628-0001 Dear Ms. Berg: Our office represents St. Joe Sand & Gravel LLC. This letter accompanies application materials for a Conditional Use Permit within the St. Joseph Orderly Annexation Area and a check (no. 74959) in the amount of$700.00 for the application fee. Background St. Joe Sand &Gravel LLC has executed a letter of intent to sell the property at 31253 County Road 2 (the "Property") to Honer Excavating Inc. One of the contingencies of the sale is securing the ability to put a contractor's yard on the Property. The Property is currently an active mining operation and St. Joe Sand & Gravel LLC also owns property adjacent to the North that is also an active mining operation. This Application for a Conditional Use Permit is submitted in anticipation of a revision to the Orderly Annexation Agreement between the City of St. Joseph and St. Joseph Township that would amend the agreement to allow a contractor's yard as a conditional use. Honer Excavating Inc. currently uses a site within the city limits, which the City has indicated must cease by July. CUP Application The CUP application is a joint application signed by St. Joe Sand & Gravel LLC, which currently owns the Property, and Honer Excavating Inc. which intends to purchase the Property. The following provisions relate to the "See Attached" lines in the application: ,ou l Jc Farr r 12;';l (1987841)Letter to Angie Berg with CUP App 02 26 2015.docx 2/26!201.5 3 45 PM 101',W SI Gern3 '•,t 20 25! 6700 Angie Berg February 27, 2015 Page 2 1. DETAILED DESCRIPTION. The Property is currently an active gravel and sand mining operation. The operation is a pre-existing use that has been grandfathered under the County's and joint planning board's regulations. The Property has also been issued IUPs for asphalt plant operations in the past. Much of the proposed information related to the contractor's yard is preliminary until a purchase is completed and soils can be tested for building location suitability. A building is proposed on the site to facilitate a contractor's yard where excavation equipment and vehicles can be stored and repaired. While the proposed building is listed as 70' x 200', this is based on the proposed ultimate build-out, but the initial building will be significantly smaller. Materials would also be stockpiled as part of the contractor's yard use, although stockpiling is also currently occurring as part of the existing mining use. Employees on site would not exceed four, as provided in Section 6.16.1H. of the County ordinance. The hours of operation of the contractor's yard would mirror the operations of the mining operation and may fluctuate seasonally. The contractor's yard will not serve as an office or be open to customers. 3. SCREENING. The Property is large; it is nearly 28 acres. The contractor's yard will be located near the center of the Property. It will be more than 1,000 feet from CSAH 2 and more than 900 feet from the nearest residential home. The contractor's yard will also be located in the mining pit as opposed to the higher elevated portions of the Property. Access to the Property is currently gated and that is not proposed to change. The Property is currently screened from public right of way by large turkey barns to the North and East and vegetation around the perimeter of the Property. Due to the size of the property and location of the proposed building, together with the existing topography and screening, no additional screening or vegetation is proposed. Section 6.16.1E. of the ordinance indicates fencing for outdoor storage. Fencing does not make sense for the Property and is not being proposed since the Property is also an active mining operation, materials are already stockpiled on site, the site is very large, and the contractor's yard will be significantly set back from any public road or residential property. 4. EROSION AND STORM WATER. All stormwater on the Property currently utilizes existing topography and grading and flows to one of the two mining pits where it is contained onsite. This is not proposed to be altered. The contractor's yard will disturb less than one acre of land. The contractor's yard will create less than one acre of impervious. 5. LIGHTING. The Property currently has no permanent lighting. The only proposed lighting would be downward-facing fixtures attached to the building. 6. PARKING AND LOADING. The Applicant proposes approximately 20,000 to 30,000 square feet of compacted gravel area adjacent to the building for parking of equipment and vehicles. The exact location and size will be dependent on the location of the building and septic system. Formal demarcated parking spots are not proposed due to the need for flexibility with ongoing mining operation and outdoor storage needs. Handicap parking stalls, if required, would be marked. [25628-0001/1987841/1] • Angie Berg February 27, 2015 Page 3 7. SIGNS. A sign for the mining operation is currently located near County Road 2 within the access easement for the Property. This sign will remain. An additional sign for the contractor's yard would be placed on the existing sign in accordance with any sign regulations. 8. OUTDOOR STORAGE. Aggregate materials and soils are currently stockpiled outside on the Property. This will not change. In addition to such stockpiles, vehicles,equipment, and excavation supplies such as culverts or pilings will be stored outside in the contractor's yard. The Applicant proposes approximately 20,000 to 30,000 square feet of compacted gravel area adjacent to the building for outdoor storage. The exact location and size will be dependent on the location of the building and septic system. Site Plan If an effort to provide as much detail as possible, a site plan based on County GIS mapping is attached, rather than a hand-drawn sketch in the box provided on the application. While the site plan was not been prepared by an engineer, every effort has been made to draw things as close to scale as possible. All measurements are GIS approximations since a survey was not performed. Setbacks: Side yard= 115' from the North property line, 475' from South property line; Rear yard= 1,200' from West property line; Front yard=450' from East property line; County Rd 2= 1,200' from centerline. Distance to Residential Structures: Measurements have been provided to the two nearest homes. Both homes are more than 900 feet from the contractor's yard. Building Site: The total building site, including the building and surrounding gravel area, will be 35,000 to 43,000 square feet. The site plan shows the gravel area surrounding the building, but the building may be shifted within that envelope. Well and Septic: Although soils have not been tested, proposed well and septic locations are noted. The well is proposed to be located just West of the building and the septic is proposed to be located Northeast of the building. Driveways: No new driveways or approaches are proposed. Access to the site would utilize the existing private access easement shown in green on the site plan. Access to the Property from the existing private access easement is currently controlled with a gate and the gate will remain. Access to the contractor's yard from the existing private access agreement would utilize an existing driveway which is shown in brown on the site plan. [25628-0001/1987841/1] Angie Berg February 27, 2015 Page 4 Site Visit To the extent a site visit is helpful or necessary, both St. Joe Sand & Gravel LLC and Honer Excavating Inc. are more than willing to facilitate such a visit. If you have any questions or concerns as you review this application, please do not hesitate to contact me. My direct dial is (320) 257-3868 and my email address is aripple@rinkenoonan.com. I look forward to reviewing a copy of the County's staff report in advance of the public hearing. Sincerely, Adam A. Ripple AAR/mjr Enclosures: -CUP Application -Check no. 74959 cc: St. Joe Sand & Gravel LLC (via email—w/encls.) Honer Excavating Inc. (via email —w/encls.) [25628-0001/1987841/1J THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA Document: A1365406 0 Certified, Filed,and/or Recorded on 3 co March 28, 2012 11:38 AM DIANE GRUNDHOEFER STEARNS COUNTY RECORDER SUBDIVISION AGREEMENT FOR ST. JOE SAND AND GRAVEL THIS AGREEMENT IS MADE AND ENTERED INTO this 12th day of March, 2012,by and between the St. Joseph Joint Planning Board, a public body pursuant to MN Statutes 414.0325,hereinafter referred to as"JPB"and Rothfork Associates,Inc.,a Minnesota corporation,hereinafter referred to as "Developer", fee owners of the property described in Exhibit A. WHEREAS,a proposed plat of ST.JOE SAND AND GRAVEL has been approved conditionally by the JPB; and WHEREAS,the conditions of approval of said plat are stated in this agreement; and WHEREAS,the request for plat approval is only for transactional purposes and does not grant or infer development rights; and WHEREAS,the subdivision severed an existing parcel, Steams County Parcel ID#31-20636.0000, requiring a second administrative subdivision from Steams County Parcel# 31-20633.0000, so that the lot could meet impervious surface requirements; and WHEREAS, the final plat cannot be recorded without the completion of the aforementioned administrative subdivision; and WHEREAS,the Developer shall provide the JPB with a current title opinion or title commitment at the time of final plat; and WHEREAS,the Developer is providing the assurances herein to induce the JPB to provide final plat approval; and WHEREAS,the JPB has the power and right to enter into this Agreement to approve the final plat of the subdivision known as ST.JOE SAND AND GRAVEL. NOW THEREFORE,in consideration of the mutual promises and agreements contained herein,the parties do agree as follows: • The purpose of this Agreement is to define the rights and obligations of the Developer with respect to the final approval,by the JPB, of the subdivision known as ST.JOE SAND AND GRAVEL. The Developer agrees as follows: I. The term of this Agreement shall be from the date of execution by all parties and shall continue in effect until terminated by mutual consent of the parties hereto,unless earlier terminated by law. 2. In order to avoid future impacts to wetlands within the plat of St. Joe Sand and Gravel,the developer agrees that the deminimus exemption found in Minnesota Rules 8420.0420 subpart 8;or successor rules, shall not be used for the purposes of draining or filling wetlands located within said plat. 3. Provide an ingress/egress easement is required to provide Lot 1 Block 1 access to County Road 2 and the easement documents must be provided with the final plat. 4. Provide a financial guarantee in the form of letter of credit, cash deposit or bond equal to 125% of the re-vegetation plan(Exhibit B)which requires adding a minimum of 4 inches top soil and seeding. Said re-vegetation plan must be completed no later than June 1, 2012. 5. A drinking water well shall not be installed or used within the plat St. Joe Sand and Gravel. 6. The property is limited to non-residential only. 7. These restrictions shall run with the land and shall be binding on all parties and all persons claiming under them. • IN WITNESS.WHEREOF,the parties have executed this Agreement on the date and year first above written. DEVELOPER: Rothfork y.s oci. s c • 1F Ail b : Ir Peter Ro ork,-President SC!R. a of y State of Minnesota ss County of Stearns The foregoing instrument was acknowledged before me this 12th day of March, 2012 by Peter Rothfork,the president of Rothfork Associates,Inc., a Minnesota corporation, on behalf of the corporation. SCOTT EDWARD°YMOKE `iJ ',/ , NOTARY PUMC•MMNrESOTA Com'='' \, __.r My Conn.Exp.Jan.31,2015 Signa A e of Notary Notarial Stamp or Seal ST. JOSEPH JOINT PLANNING BOARD By t.c..._.._ 2.+1 .g aic... Chair St. Joseph Joint Planning Board --1.1',W'iiiirl A86g y r. , 1.g,^s `EST'4. : iy . . 'y" ' Ann Reeis hl Cler f"•;Te 4;St:,Josep�,Joint Planning Board This instrument was drafted by: City of St.Joseph / PO Box 668 St.Joseph MN 56374 • crnr, .Z _r LI • Exhibit A The North Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 124, Range 29, Stearns County,Minnesota. -and— That part of the North Half of the Southwest Quarter of the Southwest Quarter of Section 3, Township 124, Range 29, Stearns County, Minnesota, lying westerly and northerly of the following described line: Commencing at the northwest corner of said North Half; thence North 89 degrees 24 minutes 52 seconds East, assumed bearing,along the north line of said North Halt 566.01 feet,to the point of beginning of the line to be described; thence South 00 degrees 05 minutes 48 seconds East, 347.81 feet, to the north line of the South 315.00 feet of said North Half; thence South 89 degrees 23 minutes 14 seconds West, along said north line of the South 315.00 feet, a distance of 102.27 feet, to the west line of the East 859.33 feet of said North Half; thence South 00 degrees 28 minutes 55 seconds East,along said west line of the East 859.33 feet,a distance of 315.00 feet,to the south line of said North Half and said line there terminating. SCR `i of `7� co o xz � w J J HVS > Q Q CL O < 0 2 Z z z Q Z 1011111.010 ','?1 Q O w J O -D U) (n N S..i•.1. `,� o W . O ..�.�i Z W 1 o � • O _+ d F cn � S • O 1.11 s• If 01. • S 8 Y THIS PAGE INTENTIONALLY LEFT BLANK AMENDMENT TO SUBDIVSION AGREEMENT FOR ST. JOE SAND AND GRAVEL This Amendment is made this ___ day of March, 2015, by and between the St. Joseph Joint Planning board, a public body pursuant to Minnesota Statutes § 414.0325 (the “JPB”) and St. Joseph Sand & Gravel, LLC, a Minnesota limited liability company (“Owner”). RECITALS A. Owner is the owner of property located in St. Joseph Township, Stearns County, Minnesota, legally described as: Lot 1, Block 1, ST. JOE SAND AND GRAVEL, according to the plat thereof on file and of record in the Office of the Stearns County Recorder. (the “Property”). B. The Property is subject to restrictions contained in a Subdivision Agreement for St. Joe Sand and Gravel, dated March 12, 2012 and recorded on March 28, 2012 as Document Number A1365406, by and between Owner’s predecessor in interest and the JPB (the “Agreement”). C. The parties now desire to amend the Agreement as set forth herein. Based upon the above recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. Paragraph 5 of the Agreement is hereby amended to allow for a well (including drinking water) and septic system to be installed within the Property. 2. Except as expressly modified herein, all other terms and conditions contained in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date set forth above. 1 St. Joseph Joint Planning Board St. Joseph Sand & Gravel, LLC By_________________________________ By_____________________________________ Its Chair Michael Deutz, Its Chief Manager ATTEST: By _________________________________ St. Joseph Joint Planning Board Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2015, by_____________________________ and ______________________, the Chair and Clerk of the St. Joseph Joint Planning Board, a public body pursuant to Minnesota Statutes § 414.0325on behalf of said entity. ___________________________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2015, by Michael Deutz, Chief Manager of St. Joseph Sand & Gravel, LLC, a Minnesota limited liability company, Owner herein, on behalf of said company. _____________________________________________ Notary Public DRAFTED BY: Susan M. Kadlec -0290385 Jovanovich, Kadlec & Athmann, P.A. 1010 W. St. Germain, Suite 420 St. Cloud, MN 56301 2