HomeMy WebLinkAbout2005 [04] Apr 04
I
.. CITY Of ST. JOSEPH
www,cityofstjoseph,com
I St. Joseph Planning Commission
I April 4, 2005
7:00 PM
I Administrdtor
Judy Weyrens
1. Call to Order
I MdYor 2. Approve Agenda
Richdrd Cctrlbom
I 3. Approve Minutes - February and March 2005
Councilors
AI Rdssier 4. 7:00 PM Public Hearing - Zoning Ordinance Amendments
I Ross Rieke
Renee Symdnietz a. Business Sign Regulations
Ddle Wick b. R4 Zoning District
c. Zoning Ordinance regarding development plan approval
I 5. 7:10PM Public Hearing, Variance Request, Lee's Ace Hardware
-- a. St. Joseph Code of Ordinances 52.10 Subd. 5 (b), Parking lot
standards
b. St. Joseph Code of Ordinances 52.10 Subd. 5m, Parking lot design
I c. St. Joseph Code of Ordinances 52.10 Subd. 5(n ), Parking lot
circulation
I 6. 7:30 PM Development Plan Review - College of St. Benedict
7. Discussion - Environmentally Friendly Ordinance
I 8, Other Matters
,. Adjourn
I
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2~ College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd .¡-6)74
I Phone ,20,,6,.7201 Fd x ,20.,6,.0,42
. ST. JOSEPH Pt~NNING COMMISSION ·
~PRlt 4, 2005
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Draft
February 7,2005
Page 1 of 3
. Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, February 7, 2005 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners: Sister Kathleen Kalinowski, Marge Lesnick, Jim
Graeve, Bob Loso, Council Liaison AI Rassier and City Administrator Judy Weyrens.
Others Present: City Engineer Tracy Ekola, Susan Borgert, Ted Schmid, Sid Elyea, Ann Reischl
Approve Aqenda: Loso made a motion to approve the agenda; seconded by Lesnick and passed
unanimously.
Minutes: Kalinowski made a motion to approve the minutes of December 6, 2004 with the following
correction; seconded by Loso,
Pg. 3, 3rd Paragraph - Correction - 50' rather than 50"
Ayes:' Utsch, Kalinowski, Lesnick, Graeve, Loso
Nays: None Abstain: Rassier Motion Carried: 5:0:1
SKN Properties: Weyrens stated that previously the Planning Commissioners received a hearing notice
for a side yard variance for SKN properties. After the notice was published, it was discovered that the
proposed building addition was placed over the main electrical easement. Therefore, that meeting was
cancelled and a new site plan was submitted. Weyrens stated that the proposed addition will add
approximately 3940 square feet to the existing building. When the original building was constructed the
Ordinance requirements were fulfilled. The proposed addition will match the existing facility, meeting the
Ordinance requirements.
~
- Sid Elyea, representing Borgert Products approached the Commission. He stated that the addition is
needed to add another kiln and four bays. The proposed site plan includes construction material of steel
siding and rock, matching the existing facility.
Loso made a motion to accept the site plan as presented, contingent upon approval from the
Building Official. The motion was seconded by Lesnick,
Discussion: Elyea questioned what happens if the building size is reduced to 2700 square feet.
Will he need to re-appear before the Planning Commission? Elyea stated that he needs to verify
that the addition is sized correctly for the equipment. If anything the building will be deeper but
narrower. The Commission agreed that as long as the Building Official reviews the plan and the
Ordinance requirements can be fulfilled, the matter does not need to come back to the Planning
Commission.
The motion passed unanimously.
Upon being questioned by Commissioner Graeve, Sue Borgert approached the Planning Commission,
She stated that Borgert Products is a family owned business and established 82 years ago, Borgert
currently employees 40 and reduces the staff to 20 during the winter months. The additional facility
space will allow the Company to operate two shifts meeting product demand
Northland Heiqhts - Concept Plan: Weyrens stated that the City Staff has been working with Lumber One
to develop a new housing development entitled Northland Heights. The proposed development will
consist of approximately 169 single-family homes. Originally the developer requested to utilize the PUD
process, but as the project does not include a mixed density, that process cannot be used, At this time
the Planning Commission is being requested to review the concept plan as not all the lots meet the
minimum lot requirements. The Planning Commission must determine if they will consider a variance for
the non-conforming lots and if so, how many lots would be allowed. Based on the submitted plan, 41
Draft
February 7,2005
Page 2 of 3
variances would be required, Weyrens stated that the purpose of a concept plan is to review the .
general lot configuration, transportation network and compliance with the Comprehensive Plan,
Ted Schmid, COO of Lumber One, approached the Planning Commission. Schmid stated that Northland
Heights is a new project for Lumber One and they have tried to design a plat that includes a creative
layout. To accomplish this, the development includes curvilinear roads, varied house styles and use of
the varying topography,
City Engineer Tracy Ekola stated that she has reviewed the proposed development and presented the
following concerns:
· A mandatory EAW is required for 100 unattached units in a sewered area, This plat data
indicates 167 lots.
· The North-South neighborhood collector road must include a dedicated ROW of 80 feet and
must connect to CR 133 meeting 15th Avenue SE,
· A single access point in to the development may be considered if the developer agrees to
construct a second access within 3 years of substantial completion of the first phase.
· A sidewalk plan should be included with the preliminary plat.
Lesnick questioned the Parkland Dedication requirement and if they are planning on donating land or
cash in lieu of land, Weyrens stated that this plan is going to go to the Park Board for review, but she
was of the understanding that the developer would provide cash in lieu of land, Northland Heights is in
the general vicinity of Northland Park negating the need for additional land,
---
Kalinowski clarified that they would need variances for the smaller lot sizes, Utsch stated that for a -
variance to be granted must should be a hardship, which he does not see in this case, As a result, he
cannot support the variance request at this time, Utsch further stated that in the past, the Planning
Commission allowed smaller lots with the intention of those housing being considered affordable housing,
Utsch questioned Schmid as to how many of the smaller lots in the last Northland Addition were sold as
affordable. Schmid stated that in Northland Plat 8, 5 lots were set aside as affordable. Three of the lots
abut an existing resident, who is requesting that those lots remain open space at this time, Two of the
five lots have sold and did meet the requirements of the Lifecycle Housing initiative. Schmid stated that
his experience in S~. Joseph indicates a high demand for houses in the price range of $ 135,000 to $
140,000, While he did sell one house for $ 123,000 the property owner finished the basement, raising the
value of the home to $ 179,000.
In reviewing real estate transactions for St. Joseph, he noticed that homes built in Northland on smaller
lots are re-selling at a rapid pace, To him this indicates that people are looking for smaller lots with less
maintenance requirements, Schmid stated that if the City allows the narrow lots, Lumber One will
participate in the Affordable Housing Program. Loso questioned Schmid on the difference in lot prices
based on the narrower lot sizes. Schmid responded that it is about $10,000 difference in price for a
smaller lot.
With regard to connecting the internal network system to 15th Avenue SE, Schmid stated that he cannot
guarantee access, Access cannot be guaranteed as he does not own the property and does not feel he
is required to provide the connection, He stated it is his understanding that he is responsible for assuring
that the connection can happen at some point in the future when the abutting property develops, Schmid
stated that he has provided for five different ingress/egress and does not feel obligated to provide a
complete connection,
Draft
February 15, 2005
. Page 1 of 5
.-..
. Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, February 15, 2005 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch, Commissioners: Sister Kathleen Kalinowski, Marge Lesnick, Jim
Graeve, Bob Loso. Council Liaison AI Rassier and City Administrator Judy Weyrens.
City Representatives Present: City Engineer(s) Joe Bettendorf and Tracy Ekola, City Attorney Tom
Jovanovich
Others Present: Chuck Wocken, Clarence & Marlene Birr, Joe Bechtold, Bill & Dorothy Schulte, Joanne
Bechtold, Gordon Hove, Dennis & LaRau Possil, Ann Reischl, Matt Symalla
Approve Aqenda: Kalinowski made a motion to approve the agenda with the following addition;
seconded by Deutz and passed unanimously.
Add #4 Building Permits in Commercial Districts
Public Hearinq, ARCON Development: Chair Utsch called the hearing to order and stated the purpose of
the hearing is to consider a Planned Unit Development, preliminary plat, rezoning and variance for a plat
entitled Rivers Bend.
Planned Unit Development/Preliminary Plat: The proposed plat is located south of St. Joseph
Township Hall, adjacent to County Road 121 and contains approximately 852 housing units of mixed
density. Development as a PUD will provide for some deviation on setback and lot area.
Rezoning: The property is currently zoned as Agricultural. The developer is requesting to rezone the
- property a mix of R1, Single Family and R3, Multiple Family.
-
Variance: St. Joseph Code of Ordinances 54.16 Subd. 3 (I) Cul-de-sacs shall normally not be longer
than five hundred (500) feet measured along the street centerline from the intersection of origin to the
center point of the turn around. The turn around shall have a minimum curb radius of fifty (50) feet and a
minimum right of way radius of sixty (60) feet. The developer is requesting a 1 OO-foot variance.
St. Joseph Code of Ordinances 54.16 subd. 2: a.) Block Lenqth. In general, intersecting streets,
determining block lengths, shall be provided at such intervals as to serve cross traffic adequately and to
meet existing streets. Where no existing plats control, the blocks in residential subdivisions shall normally
not exceed one thousand-three hundred (1,300) feet in length nor be less than three hundred (300) feet in
length, except where topography or other conditions justify a departure from this maximum, In blocks
longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be
required near the center of the block, Blocks for business or industrial use should normally not exceed six
hundred (600) feet in length. The developer is requesting a 694-foot variance for one block,
Rick Packer of ARCON Development has submitted the proposed plat.
Rick Packer appeared before the Commission and spoke on behalf of ARCON Development. Packer
stated that he has been working on this project for over three years and finally has a plat ready for
approval. Packer stated that he has completed the environmental review process, which expanded over
a twelve-month period. The review process utilized is entitled AUAR and once approved serves as the
Comprehensive Plan for the development.
With regard to the development, Packer stated that the proposed development consists of 852 units
comprised of single family and multiple family, All of the lots meet the required width and depth, however
there are 53 lots that do not meet the required lot area due to the shape of the lot. The average lot size
will exceed 13,000 square feet. Packer stated that he has met with the Park Board and the plat includes
designating 87 acres for parkland. A portion of the land donated abuts the Sauk River, providing for
Draft
February 15, 2005
Page 2 of 5 ,
preservation, Approval of the plat requires issuance of two variances, one for block length and one for .
the length of a cul-de-sac, In designing the plat they tried to minimize cul-de-sacs and meet all the design
standards, However, due to the wetlands and topography the plat could not be designed without the use
of variances,
Chuck Woecken, Stearns County Park Director, addressed the Commissioners and stated that he is in
support of the new development. However, he requested the City consider the development of a canoe
park along the Sauk River,
Their being no one further to comment the public hearing was closed,
City Engineer Tracy Ekola stated that the developer and the City have been working together over the
past months to develop the final plan before the Commission at this meeting, Ekola stated that during the
review process the following items were considered:
~ Trails are provided throughout the plat as well as in the parks. (These are shown on the
preliminary plat)
~ They were asked to have sidewalks on the major collector road and these sidewalks will connect
the trails and park system.
,.. There were some street issues such as the renaming of Jade Road to 12th Avenue, This will be a
collector road and as such should not have driveway accesses,
~ There was some concern with drainage and grading, This is not part of the preliminary plat,
however they have re-routed water through the plat to the Sauk River,
,.. They have completed and provided their storm water analysis and it meets the City's standards,
~ Flood Plain calculations have been submitted to the DNR for review.
,.. They have shown on the preliminary plat the oversized utility mains, They also plan to provide
utility stubs to the existing properties in the area. .
" The current street names will be revised,
,.
Ekola commended the developer for incorporating the comments of the City into the preliminary plat.
Bettendorf discussed the width of Jade Road. The City is in receipt of a letter from the St. Cloud Area
Planning Organization requesting that the City dedicate 100' of right-of-way to accommodate 4 lanes of
traffic, The developer has agreed to dedicate 80' with additional width at each street intersection, The
APO also suggested that the City try and secure an Interstate connection at Jade Road and 194, If that is
the desire of the City, the plat before the Commission at this time does not make sense, An Interchange
provides for commercial and industrial growth and providing housing along an interchange is not the
highest and best use of the property. Bettendorf stated in his opinion the interchange should be located
atCR138, Bettendorf stated that the Commission must decide if an interchange is desired at Jade
Road,
Jovanovich questioned whether or not the developer would be willing to pay the improvement costs for
Jade road to be a minor collector. Packer stated that they are willing to pay for the entire road; which
would be 3 lanes with turn lanes in the middle, provided he is reimbursed as benefiting property develops,
Utsch questioned whether or not the Park Board has approved the Park Plan for Rivers Bend, Lesnick
stated it is her opinion that the Park Board has not approved the final plan and Arcon was instructed to
present a revised plan to the Park Board for consideration, Packer disagreed and stated that it was his
understanding that the Park Board did approve the proposed park dedication but requested to receive a
final plan detailing the changes. Weyrens stated that the matter has already been placed on the next
Park Board agenda at which time the Park Dedication will be finalized.
Utsch also commended Packer for re-designing the plat to remove some of the cul-de-sacs, With regard
to the comments of the APO, Utsch stated that it is not economically feasible for the City to construct an
interchange at Jade Road and questions if that interchange would best serve the residents.
Draft
February 15, 2005
Page 3 of 5
. Utsch stated that he had some questions about the possibility of rezoning the area North of CR 121. The
request before the Commission is to rezone that portion North of CR 121 as R3. As detailed
development plans are not available for that portion, he would not support the rezoning. Utsch stated that
he concurs the aforementioned area should be town homes, but he would prefer to see a plan before
approval. The Planning Commission has been working on adopting a Townhouse Ordinance and once
that is adopted Packer may apply for rezoning. It is the recommendation of Utsch that the portion
identified as R3 on the Preliminary Plat remain Agricultural.
Jovanovich concurred with Utsch and stated that he would recommend that they do not approve the
Preliminary Plat until all their questions have been answered, as it is hard to make changes once the
preliminary plat has been approved.
Packer stated that he has some concerns with the recommendation not to approve the plat at presented.
He stated that he has completed everything asked of him by the staff. He has prepared the detailed
calculations to assure that they meet the Park Dedication Ordinance, They will be dedicating twice the
amount of land required by ordinance.
With regard to the rezoning request, Packer stated that even if the property is rezoned he still does not
have authority to build a structure. The current Ordinance requires that he secure a Special Use Permit
for anything over 12 units. Therefore, the Planning Commission still has an opportunity to review a site
plan. As a result, if they did not like the plan as submitted, it could be denied. Further, Packer stated that
property being discussed is identified in the Comprehensive Plan, as R3, denying a rezoning request that
is compliant with the Comprehensive Plan, in his opinion, does not make sense.
Jovanovich stated that it is not a good idea to rezone the property R3 until they know exactly what will be
- built on that site. Rassier agreed and stated that the reasoning is that the developer may have a different
vision for that property than the City. Packer stated that his plan was to first get the area rezoned as R3
- and then find a developer who builds town homes and have them present a site plan for Packer to bring
before the Planning Commission for approval or denial.
Jovanovich stated that if there are concerns of the Park Board the matter should be tabled until
resolution. Deutz questioned why there is confusion with the Park Board, as the developer is providing
twice the amount of Park Land, Weyrens stated that it was her understanding that the only issue
remaining was whether or not a cash contribution is required. Geographically the park locations have
been approved by the Park Board and will that not change. Lesnick stated that there is some confusion
between useable and non-useable land and some questions about the green space along the river and
whether or not they are considering that as parkland. Utsch was curious as to whether or not the useable
land that they are donating is more than what is required.
Ekola stated that the developer has provided detailed calculations to illustrate that the parkland being
provided is useable. This information will be presented to the Park Board on Monday night. She further
stated that the area along the Sauk River is shown on the Platas green space to comply with the Shore
land Ordinance. Packer stated that they have submitted full revised plans for the Park Board to review
and they have also agreed to grade the parks as part of the development.
Utsch questioned Packer as to why he is requesting a variance on the side yard set back, Packer stated
that rather than the typical setback of 10 feet on both sides of the house; they are seeking a 5-foot
setback for the garage while maintaining the 10-foot setback for the "house side" of the house. This
setback arrangement would allow greater flexibility for the homeowner when trying to locate the house on
the lot, giving the neighborhood a greater variety of setbacks, allows for expansion off the house side
and, discourages the storage of recreational vehicles in the side yards.
Graeve questioned if the developer is protecting the wetland areas. Packer stated that he has filed a
mitigation plan and some upland will be will be placed in the wetland area at a 2:1 ratio. Graeve stated
Draft
February 15, 2005
Page 4 of 5
that his concern is the dirt and how the developer will contain the dirt from eroding on streets and .
surrounding properties. Packer stated that they will work with the neighbors to assure that silt is not
collecting on the streets, Lesnick asked whether or not there would be a new lift station. Packer stated
that there will be a new lift station and it will be located on the North side across from the Park.
After considerable discussion regarding the preliminary plat for River's Edge, Deutz requested that
Commissioners summarize their concerns so that the meeting can move forward.
y Preliminary Plat Approval: Jovanovich stated that any changes that are requested should be
completed before the Preliminary Plat is approved. Graeve and Lesnick stated that they would
support tabling action on the Preliminary Plat until all unresolved issues are resolved,
y Zoninq Concerns: Kalinowski questioned if they would need to hold another Public Hearing if the
entire parcel is not zoned. Loso stated that the developer has indicated that they will have more
than 12 units in the R3 District, and the Planning Commission has discretion over development of
more than 12 units, Therefore, the developer should not have to wait an additional six months as
the Planning Commission ponders an R4 Ordinance. Utsch stated his support for not rezoning
the R3 portion of the plat at this time. Jovanovich clarified that a new public hearing will be
required for any portion of the plat not zoned at this time,
-,. Variance ¡Transportation Issues: Utsch stated that he does not support reducing the setback
through the PUD process. The developer has the ability to meet the sideyard setbacks and he
should be required to do so. With regard to Jade Road, those present agreed that an
Interchange at 94 is not likely, therefore the developer should not be required to dedicate 100 feet
of ROW. If the Interchange is desired a residential plat should not be approved.
-,. Park Board Issues: Lesnick and Graeve requested that the Park Board resolve any outstanding ~
issues before the plat is approved. Deutz and Rassier disagreed and stated that the outstanding -
Park Board issues will not change the lot/street configuration and do not understand what the
outstanding issues are.
After hearing the concerns of the Planning Commissioners, Packer stated that he began this process
three years ago, Up until this time he has not pushed the City, but he cannot afford to wait another 30
days, He further stated that he was of the understanding that he fulfilled all the requirements of the Park
Board and met the requirements of the Subdivision Ordinance. He has spent six months negotiating for
the Single Family portion of the plat and cannot afford a delay in the project schedule,
Therefore, Packer stated he is withdrawing his R3 Zoning request in an effort to move the plat forward, If
the Planning Commission had approved the R4 Zoning District he would have make application for such,
The lack of a zoning district should not delay his project. Further, Packer stated that he will be attending
the Park Board meeting on Monday night and resolve any outstanding issues.
REZONING RECOMMENDATION
Rassier made a motion acknowledging the withdrawl of the R3 zoning request for River's Bend
and recommend the Council rezone the property identified as R1, Single Family on the plat
entitled River's Send. The motion was seconded by Deutz and passed unanimously.
PRELIMINARY PLAT RECOMMENDATON
Deutz made a motion to recommend the Council approve the Preliminary Plat entitled Rivers Bend
as presented, contingent upon the Park Board resolving all outstanding issues. The motion was
seconded by Kalinowski and passed unanimously.
Draft
February 15, 2005
Page 5 of 5
.
PUD and VARIANCE RECOMMENDATON
Deutz made a motion to recommend the Council approve the request of Arcon Development to
develop River's Bend as a PUD, relieving the side yard setback on minimum lot size for 53 lots.
The motion was seconded by Graeve,
Discussion: Loso stated that he supports the reduced sideyard setback on the garage side to
promote varying house sizes and garage locations. Rassier concurred with Loso. Deutz stated
in the past they have asked the developer to show which lots would be granted the variances,
Packer stated that they have not identified which lots would need the variance, as they want the
homeowner to have more flexibility.
Ayes: Deutz, Graeve, Kalinowski, Loso, Rassier
Nays: Utsch, Lesnick Motion 5:2:0
Buildinq Permits in the Commercial Districts: Weyrens stated that she would like some clarification as to
whether or not there is a point when commercial plans can be approved by City Staff without approval of
the Planning Commission. Last month the Planning Commission considered a minor addition for Borgert
Products which delayed the construction by three weeks. Currently the staff is working with a business
owner wishing to construct a minor addition. The Building Official is working with the builder to assure
that the project will meet Ordinance requirements. The Commission agreed that minor additions should
not need Planning Commission approval provided that they have been reviewed for Ordinance
compliance. Therefore the Planning Commission authorized Weyrens to prepare an Amendment to the
Ordinance allowing staff to approve minor additions. The City Attorney will be contacted to determine if
- the determination for Planning Commission review will be based on the project size or project cost.
- Adjourn: Deutz made a motion to adjourn at 8:30 PM; seconded by Lesnick and passed
unanimously.
Judy Weyrens
Administrator
Draft
March 7, 2005
Page 1 of 2
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular .
session on Monday, March 7, 2005 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners: Sister Kathleen Kalinowski, Marge lesnick, Jim
Graeve, Bob loso, Mike Deutz. City Administrator Judy Weyrens.
Approve Aqenda: Lesnick made a motion to approve the agenda with the following addition;
seconded by Kalinowski and passed unanimously.
Add 3 Update on Projects
Ordinance Amendments:
R4 Ordinance Consideration: (Section 52.30: R4 Townhome/Patio Home Residential District)
Weyrens stated that they discussed the possibility of an R4 in December 2004, At that time, the concern
was whether or not a developer could apply for R4 zoning and then construct "traditional" homes using
small lots, As a result, the provision for detached family homes has been removed, The proposed
ordinance would allow for the following types of structures:
. Patio Homes - 1 level
. Townhomes - Attached Common walls
Weyrens also stated that if the Planning Commission wishes, R4 Zoning can be limited to PUD
Developments, Graeve questioned why a PUD would be needed to allow for this type of zoning as he
was of the understanding that in a PUD the developer could build whatever they wanted, Weyrens stated
that having this type of Ordinance would allow the developer to build on smaller lots, She also stated that
if this is not controlled, an entire development the size of Arcon could be R4 creating a dense
neighborhood.
-
Kalinowski requested that they make the wording consistent rather than having both townhome and -
townhouse listed, The Commissioners came to a conclusion to change it to townhome and rowhome,
Loso stated that he was confused about the sharing of a common wall for townhomes and rowhomes,
Utsch stated that this type of structure is normally build on larger lots rather small parcels combined,
Subd, 5: Lot Area Requirements
Utsch suggested that the minimum lot width be 60' rather than 50' and the minimum depth be 100' rather
than 120', This would still result in a total lot area of 6,000 square ft.
Subd. 6 Setback Requirements
Weyrens questioned if they would like to keep the setbacks at 10', Utsch stated that he recommends
keeping the setbacks at 10',
Subd.11 Yard Cover
Utsch also stated that he has some questions pertaining to the following:
" ,., within 3 months of issuance of the certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials.. ,."
He questioned whether the builder or homeowner is responsible for providing yard cover as required by
ordinance, Weyrens stated that when the Certificate of Occupancy is issued outstanding issues are listed
and the closing company escrows an amount to cover the costs.
Lesnick questioned whether or not patio homes could have a basement. Weyrens stated that they cannot
have a full basement, however, they can have storm shelters or mechanical rooms. Kalinowski stated
that the requirement for this is located under Subd, 7 k.
Amendment to Business Siqn Ordinance: Weyrens stated that the proposed amendment has definitions
of the different business signs as requested at the Decèmber meeting, The amendment also provides for
Draft
March 7, 2005
Page 2 of 2
. landscaping. Lesnick questioned the "wind loading requirement of the Building Code" as discussed in the
Ordinance. Weyrens defined that as how much wind the structure can tolerate before damage will occur.
BuildinQ Permits in Commercial and Industrial ZoninQ Districts: Weyrens stated when discussing the
proposed amendment to not require Planning Commission approval for additions with the City Attorney,
she recommended the Planning Commission determine a percentage of addition be included. For
example, in the Commercial and Industrial Zoning Districts building additions increasing the facility more
than 50% would be required to receive Planning Commission approval. The Planning Commission had
discussed the use of the cost of the addition, but the Attorney indicated that using a cost figure is
subjective.
The Planning Commission agreed that the percentage for the amendment should be 25%. Therefore the
Planning Commission will not review building permits in an B1, B2,B3 or L Zoning district unless the
addition is more than 25% of the existing structure. It is further understood that building permits adding
less that 25% must meet all Ordinance requirements. If they cannot, the matter will be referred to the
Planning Commission.
After discussing all three Ordinance Amendments, Weyrens stated that a Public Hearing will be required
and will be set for April 4, 2005.
Project Updates
Northland HeiQhts: Weyrens stated that it is anticipated that the Preliminary Plat Hearing for Northland
Heights will be held on April 4, 2005.
Liberty Pointe & Graceview Estates: Weyrens stated that the Developers for Liberty Pointe and
- Graceview Estates are requesting to modify their PUD/Preliminary Plat. Both have been having difficulty
-- selling some of the homes that were designed for the developments, as a result, they have decided to try
something different. Weyrens stated that the amendments to the PUD will still meet the original intent of
the PUD when it was first approved, but they are changing housing styles. Graceview Estates will be
removing the ten-plexes and replacing them with Townhomes and Liberty Point will remove the attached
townhomes and construct detached townshomes.
Other Matters
Provision to allow Rental in a B2 Zoninq District: Deutz suggested that the City look at something
different for the B2 district along 75. He stated that the houses that are currently there, and for sale, are
not adequate homes for families and he suggested the possibility of allowing rental houses along 75 on
an interim basis. If the rentals do not end up as a good idea, the City would simply take away the rental
license, Weyrens stated that she would contact the City Attorney on this matter and report back to the
Planning Commission. Any change to the B2 Zoning District will require a public hearing.
Adjourn: Utsch made a motion to adjourn; seconded by Lesnick and passed unanimously.
Judy Weyrens
Administrator
. I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Public Hearing - Zoning Ordinance Amendments
DATE: April 4, 2005
AGENDA ITEM
Public Hearing - Zoning Ordinance Amendments
PREVIOUS ACTION
The Planning Commission in March reviewed the draft amendments at the March meeting and agreed to
formalize the amendments and move them forward to the Public Hearing. The same Ordinances were
provided to the Council for review and comment and I have not had a response.
. RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Council authorize the Mayor and Administrator to execute the Zoning Amendments,
causing the same to be published.
COMMENTS/RECOMMENDA TIONS
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE REGARDING BUSINESS SIGNS .
-
The City COlll1cil for the City of St. Joseph hereby ordains that Ordinance 52 is amended as
follows:
1. That section 52.11, Subd. 3 shall be amended by the addition of subparagraph m)
'which shall read as follows:
"m) Monument SÜm. A free standing sign in \vhich the entire base of the sign structure
is in contact with t he ground, providing a solid and continuous background for the sign face that is
the same width as the sign n-om the ground to the top of the sign. The base of the sign shall be
constructed of a pelmanent material such as concrete block or stone. The sign face shall occupy at
least 50% of the monument sign. Signs should be constructed of materials either the same as the
principal structure or that appear the sanle."
') That section 52.11, Subd. 5 shall be amended to read as follO\\'s:
"Subd. 5: Business Sisms. Business or industrial signs may be erected, attached or painted
onto a structure, and maintained in conjunction \vith a commercial or industrial use provided the
Business Sign meets the minimum standards as stated in each zarling district. The maximum
height of a Business Sign shall be 15 feet. All freestanding Business Signs shall be landscaped .
around the base. Except for monument signs, the surface area of the base of any Business Sign
shall not exceed 25% of the face area unless structural engineering illustrates the face carmot meet
the wind loading requirement of the Building Code."
2. That Section 52.30, Subd. 9.a. is amended by the addition of subparagraph 4 which
reads as follO\\'s:
"4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business Sign shall not exceed
25% of the face area unless structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code."
3. That Section 52.31, Subd. 10.b. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
"4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business Sign shall not exceed
25% of the face area unless structural engineering illustrates the face cannot meet the \vind loading
requirement of the Building Code.
5. The maxinlUlll height of a Business Sign shall be 15 feet. "
4. That Section 52.32, ,Subd. l1.b. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
1
· "4, All fì'eestanding Business Signs shall be landscaped around the base. ,
Except for monument signs, the surface area of the base of any Business Sign shall not exceed \
25% of the face area unless structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
5. The maximum height of a Business Sign shall be 15 feet. "
5. That Section 52.33, Subd. II.c. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
"4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business Sign shall not exceed
25% of the face area unless structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
5. The maximum height of a Business Sign shall be 15 feet. "
These amendments are adopted the _ day of , 2005, and
shall be effective upon publication.
CITY OF ST. JOSEPH
-
By {
-
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
These amendments were published on , 2005
L:\city\stjoe\2005
;
2
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE REGARDING DEVELOPl\1ENT PLAN .
APPROVAL FOR ADDITIONS IN B-l. B-2, B-3 AND L-l DISTRICTS
The City Council for the City of St. Joseph hereby ordains that Ordinance 52 is amended as
fo11o'\,"s:
1. That section 52.30, Subd. 10, shall be amended to read as follows:
"Subd. 1 0: Development Plan Requirements. No building pemÜt shall be issued until the
Plmming Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which will
increase the size of the building by 25% or less. Upon the request of the Planning Commission,
the City Council will make the final detennination on site plan approval. The developer shall
provide the following items to the Planning Commission for any development located in the
Central Business District:"
[All subparagraphs shall remain the same.]
'/ That section 52.31, Subd. 9 shall be amended to read as follows:
"Subd. 9: Deyelopment Plan Requirements. No building pennit shall be issued until the .
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings '\",hich \\lill
increase the size of the building by 25% or less. Upon the request of the Planning Commission,
the City Council will make the final determination on site plan approval. The developer shall
provide the following items to the Planning Commission for any development located in the
Highway 75 Business District:"
[All subparagraphs shall remain the same.]
3. That section 52.32, Subd. 10 shall be amended to read as follo\1-.'s:
"Subd. 1 0: Development Plan Requirements. No building permit shall be issued until the
Plamung Commission revie'\Vs the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent v,/ith the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which will
increase the size of the building by 25% or less. Upon the request of the Planning Commission,
the City Council \vill make the final detennination on site plan approval. The developer shall
provide the following items to the Planning Commission for any development located in the
General Business District:"
[All subparagraphs shall remain the same,]
1
· 4. That section 52.33, Subd. 10 shall be amended to read as follows:
\
"Subd. 1 0: Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and cO'nsistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which will
increase the size of the building by 25% or less. Upon the request of the Planning Commission,
the City Council will make the final determination on site plan approval. The developer shall
provide the following items to the Planning Commission for any development located in the
Light Industrial District:"
[All subparagraphs shall remain the same.]
This amendment is adopted the day of March, 2005, and shall be effective upon
publication.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
-
By i
- Judy Weyrens, Administrator/Clerk
This amendment was published on , 2005
L:\ClTY\STJOE\2005
2
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE .
The City Council for the City of Waite Park HEREBY ORDAINS:
That Ordinance 52.30 (R-4 TovvnhouselPatio Home Residential District) of the St. Joseph
Code of Ordinances is revoked in its entirety and the following enacted in its place:
"Subd. 1: Intent: It is the intent of the R-4 Tmvnhouse/Patio Home District to
,accommodate a variety of single-family housing types, including patio homes and single-family
common wall attached housing units such as to\vnhouses or rowhouses at 10\"/ to moderate
residential densities. The R-4 District is intended for those areas designated as medium and/or
high density residential areas or residential planned unit developments under the Comprehensive
Plan. The R-4 District shall be developed by Plmmed Unit Development in accordance \vith the
provisions of Ordinance 52.09. For the purpose of this ordinance, the following definitions vl'Ìll
apply:
a) Patio home: A single-family attached or detached unit constructed on a separate
relatively small lot consisting of one level living area with open space setbacks
on two (2) sides.
b) Rowhouse: One of a series of essentially identical single fmaily residential
structures situated side by side and joined by common walls. .
c) TO\vnhouse: A single-family d\velling in a row or at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located
over another unit, and each unit is separated from any other unit by one or more
- common fire resistant walls.
Subd.2: Permitted Uses:
a) Patio homes.
b) Townhouses of not more than two stories each.
c) Row Houses of not more than two stories each.
Subd.3: Uses Under Special Use Pelmit: The following uses shall require a Special Use
Pennit based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons
1
d) Licensed residential group care facilities with seven or more boarders.
. e) Nursing Homes and Board "and Care Homes, provided that adequate parking is (
\
provided and the site is accessible to commercial service areas,
f) Public Libraries
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses,
k) Planned Unit Residential development
1) Bed and Breakfast
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental provided the housing is elderly housing. ,
--
0) Manufactured homes as defined by tIns Ordinance.
p) Manufactured Home Parks, in accordance with Section 52.14
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 52.16.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Sv,limming Pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 52.12 Subd. 2.
e) Fences
!
2
f) Accessory building (s) and/or private garage (s), either attached or detached, shall
be subject to the following limitations and the general requirements of Section .
52.12, Subd. 1.
1. One or two accessory buildings covering a combined area not greater than
1,350 square feet are pelmitted.
2. The combined area of the lot covered by the accessory buildings
authorized in subparagraph 1 above shall not exceed ten (10) percent of
the total lot size fordetached patio homes. The combined area of the lot
covered by the accessory buildings authorized in subparagraph 1 above
shall not exceed fifteen (15) percent of the total lot size for townhouse,
group or yovvhouses.
3. Accessory buildings ofless than 50 square feet shall not be considered
\vhen computing the limitations of subparagraphs 1 and 2 above; but the
combined area of accessory building ofless than 50 square feet shall not
exceed a total of 100 square feet.
4. The principal building shall be constructed prior to or at the same time as
any accessory building or structme.
5. Accessory buildings not specifically pennitted by this paragraph shall be
prohibited unless authorized by a variance granted pmsuant to Ordinance
52.07.02.
Subd. 5: Lot þ"..rea Requirements.
í I : I I
I, I Land Use Minimum Lot I Mininmm Lot ! Minimum Lot I
Area I Width I Depth ,
II. a) II Detached Patio I· II' I I
, , Home ,6,000 60' I 100' I
ì b) I Townhouse, group I I I I
I I or row houses I 12,000 75' ¡ 120' I
II c) I Chmches, chapels, i I I 1
j temples, synagogues j 22,000 100' !
1 d) I Public Buildings I 40,000 1 100' I I
Ie) 'I' Day care facilities I I II I
serving 15 or more I I
I persons and ' ¡
I residential facilities 9,000 75' 120'
I serving more than 6
persons I
i f) Schools I 22,000 100' 120'
g) The minimum lot area per townhouse, group or ro\},,' house unit shall be fom
thousand square feet (4,000 sq. ft,)
....r,j
h) The net housing density within the district is six (6) units per acre of net buildable
. area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than (
twelve (12) percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
Setback
a) Patio Home*
30' 10' 20' 20'
b) To~ouse, group
or row houses 30' 10' 25' 20'
c) Churches, chapels,
temples, synagogues 30' 20' 30' 35'
d) Day care facilities
serving 15 or more
persons and 30' 10' 25' 35'
residential facilities
serving more than 6
persons
-
e) All other uses 50' 50' 50' 50' (
- f) Accessory Uses- Same as Same as Same as
principal principal principal 10'
* Attached patio homes would be relieved from the setback requirements where
attachments occur at the lot line.
Subd.7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances.
d) All dwelling units shall have a minimum roof pitch of 4: 12 as defined by the
building code.
e) All dwelling units shall have a frost free foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
f) The exterior of townhouse and rowhouse dwelling units shall include a variation
in building materials, which are to be distributed throughout the building facades i
and coordinated into the architectural design of the structure to create an
4
architecturally balanced appearance. The preferred materials are: brick, stucco,
stone, steel/vinyl/aluminum and fiber-cement siding. In addition, a minimum of .
25 percent of the combined area of all building facades of a structure shall have
an exterior finish of brick, stucco and/or natural or miificial stone. For the
purpose of this section, the area of the building façade shall not include the area
devoted to wìndo'ws, entrance doors, garage doors or roof areas.
g) Buildings shall be designed to prevent the appearance of straight, unbroken lines
in their horizontal and vertical surface. There shall be no more than hvo
contiguous townhouse dwelling units without a break in the horizontal and/or
veliical elevations of at least thirty-two (32) inches.
h) \\'here more than one (1) principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty (40) feet.
i) Provision shall be made for possible decks, porches or additions as part of the
initial dwelling unit building plans. The site plan for each dwelling unit shall be
configured and sized to include decks, patios or porches,
j) All dwelling units shall have a minimunl floor area of 676 square feet.
k) Provisions for shelter in the event of severe \\leather for each dwelling unit shall
be demonstrated either in the foml of the construction of a free-standing severe
v'leather structure, a reinforced concrete safe room within each dwelling unit .
and/or basement/era-wI space sufficient to house four (4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or alierial road.
Subd. 8 Parking Provisions. All driveways and parking areas shall be hard surfaced and
each d\velling unit shall be provided "vith a minimum of two parking spaces one of which shall
be in an attached garage.
Subd. 9 Site Coverage. On lots developed for townhouse or rO\vhouse or attached patio
home units, no structure or combination of structures shall occupy more than 50% of the lot area.
On lots developed for detached patio home units, no structure or combination of structures shall
occupy more than 35% ofthe lot area.
Subd. 10 Signs.
a) No sign shall be placed closer than ten (10) feet to any propeliy line, except
directional signs \vhich have a zero (0) foot setback.
6. No sign shall be placed in any interior side yard.
7. No sign shall be mounted on the roof of a building.
8, No signs shall violate the front, side or rear yard requirements.
9. Signs shall not be placed in the public right-of-way or easements.
5
· 10. Flashing or rotating signs resembling emergency vehicles shall not be
permitted. (
II. Illuminated signs are not allowed.
c) One unlighted sign per vehicle entrance identifying a dwelling unit complex shall
be allowed. Such signs may indicate the name and address of the building and
rental or management offices.
I. Such signs shall have a surface area of all faces not exceeding an
aggregate offifty (50) square feet. For complexes of three or more
structures, the aggregate surface area shall not exceed 100 square feet if
double faced.
2. The height of the sign shall not exceed eight feet (8').
3. Landscaping must be provided around the base of the sign.
d) Wall sign: One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal: All signs not maintained and kept in good repair or otherwise not
~ in compliance with the St. Joseph Code of Ordinances shall be subject to removal
upon direction of the City Building Inspector.
-~
Subd. 11 Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of the certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so as not to exceed a
height of 6 inches.
Subd. 12. Additional Requirements. Uses may be subject to additional requirements
contained in tIns Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs.
Subd. 13. Regulation of Activities Adiacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For pUl1Joses of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water Of erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75-foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or tra,iler.
6
Subd. 14. Common Areas. All common areas within an R-4 development, including but
not limited to, open space, wetlands, greenways, drainage ponds, driveway, parking areas, play .
areas, etc., shall be oV'll1ed and maintained by a condominium, association, cooperative or other
common interest community created pursuant to Minnesota Statute, Chapter 5l5Band approved
by the City Attorney. The agreement shall provide for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private drive\vays and other areas owned in common.
Subd. 15. Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. Upon
request of the Plam1ing Commission the City Council will make the final detennination of site
plan approval. The developer shall provide the following items to the Plaru1Ìng Commission for
any development located in the R-4 Townhouse Residence District.
a) Building location on the lot, dra\vn to scale.
b) Building elevation.s; front, rear and side
c) Building eÀ1:erior materials and color
d) Locations of ingress and egress points
e) Dumpster and solid waste pick-up areas and proposed screening material .
f) Sign location and dimensions
g) Lighting standard and hood detail
h) Parking and loading areas identified
i) Drainage by the use of alTOWS and/or contours
j) Screening of heating, ventilation and air-conditioning equipment
k) Landscaping material including location, type of plan and size.
1) Fire hydrant and fire lane locations
m) Utility locations
n) A description of provisions which shall be made on site for adequate open space,
recreational areas, transit options, etc. to properly serve residents of the facility
including a discussion of the perceived needs of the residents (i.e, senior citizens,
students, families with children)
0) A copy of proposed covenants and/or homeov·mer's association agreement (s).
7
p) Any other fencing, screening, or building accessories to be located in the
. development area.
\
q) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
r) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and 110ise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
s) Required Fee / Agreement
1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan review
shall be in the amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
- petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or (
~' professional planners, or any other costs including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City Officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
. the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property ovmer (s) and/or developer (s) enter into a development
agreement with the City. The Development Agreement shall stipulate the
conditions for approval and the City's authority to inspect the
development. The agreement shall further require the owner or developer,
as the case may require, furnish a cashier's check, escrow amount or
in-evocable letter of credit in favor of the City in an amount equal to 125%
of all costs associated with the City's review of the development,
including but not limited to, engineering, legal, fiscal and administrative,
as estimated by the City. Such escrow or letter of credit shall be in the
form approved by the City Attorney, shall be conditioned upon the
approval of the development plan."
8
This amendment is adopted the _ day of ,2005, and shall be
effective upon publication. .
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on ,2005
L:\city\s0oe\2005
-
-
9
CITY OF ST. JOSEPH
. ORDINANCE 52 (ZONING ORDINANCE) (
SUMMARY PUBLICATION
The City of S1. Joseph has adopted an amendment to Section 52.30 of the Zoning
Ordinance. This amendment governs the R-4 TownhouselPatio Home Residential District within
the City.
The Ordinance: (1) establishes the intent ofthe R-4 District; (2) defines patio homes,
rowhouses and townhouses; (3) sets forth the qualifications for a special use permit, (4) describes
the permitted accessory uses within the R-4 District, (5) establishes the lot area, setback and
buildings requirements; (6) outlines the parking provisions, site coverage, signage, yard cover,
and regulations of activities adjacent to wetlands requirements within the R4-District; (7)
describes the common areas of the district; and (8) sets f01ih the development plan requirements
. of the City.
I,
This matelial is a summary of Ordinance 52, Section 52.30 (R-4 TownhouselPatio Home
Residential District). The full text of Section 52.30 is available for inspection by any person
during regular office hours at the office of the S1. Joseph City Administrator-Clerk.
This Ordinance was adopted by the City Council of St. Joseph on the day of
,2005, 8..a.l1d shall be effective upon publicatiol1.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This summary publication was published on , 2005
L:\citylstjoe\2005
-.. I Attachment: Yes or No I
.
REQUEST FOR PLANNING COMMISSION ACTION
Public Hearing - Lee's Ace Hardware
DATE: April 4, 2005
I
AGENDA ITEM
Public Hearing - Lee's Ace Hardware, Variance Request for parking lot standards
PREVIOUS ACTION
The City staff has been working with Craig Wolf and DM Building on a development plan to construct a
small addition to Lee's Ace Hardware. Throughout the discussion, the parking became the major issue.
The Ordinance requires that parking provisions meet current Ordinance requirements at the time a
Building Permit is requested. The angle parking in the front did not provide for adequate circulation
based on Ordinance requirements. Finally, it was agreed that they did not want to modify the plans to
meet the Ordinance and requested a variance hearing.
. On Monday of this week it was determined that the plans submitted included wrong property
measurements and circulation requirements could be met. Therefore, it appears as though a variance is
not needed. However, the plans have arrived today (Thursday) and the Building Official has not had time
to review the revised site plan. If the Building Official concurs that a variance is no longer needed the
only approval needed is site plan.
RECOMMENDED PLANNING COMMISSION ACTION
Since the property owner did not complete the required forms for a variance we have not made a
recommendation on a variance. The property owner must provide why a variance is warranted and
without the property owner making a statement we cannot process the application. Hopefully the new
plan eliminates the need for a variance.
V Rajkowski .
11 Seventh Avenue North ~~~~~A~~~ Ltd.
Iy~
P,O, Box 1433 /i14R [) CS'IVl.:ñj
St, Cloud, MN 56302-1433 U() --
March 29, 2005 C/Jr Of:' ¿OO'}
Sì '
'JQ
O'¿:-þ
320·251-1055 17
Toll Free 800-445-9617
Judy \Veyrens
Fax 320-251-5896 City Administrator
P.O. Box 668
rajhan@rajhan.com St. Joseph, ~1]\T 56374
w\^^v.rajhan,com RE: Ace Hardware
Our File No: 24252
Dear Judy:
I have reviewed the Memorandum dated March 19,2005 by Ron Wasmund regarding the
expansion of Ace Hardware and the resulting parking lot issues. I concur with Mr.
Wasmund's reading of the ordinance. The proposed addition does trigger compliance .
with the ordinance provisions, including the requirement that the parking lot circulation
not depend upon use of a public street. Ordinance Section 52.10, Subd. 5 CD and en).
Frank J, Rajkowski"
Gordon H. Hansmeier The applicant will have to apply for a variance in order to develop the south side parking
area as shown in the plan.
Frederick L. Grunke
Thomas G, Jovanovich' If you have any questions, please give me a call.
Paul A, Rajkowski' Very truly yours,
Kevin F, Gray
William ), Cashman RAJKOWSKI HANS MEIER LTD.
Richard W. Sobalvarro r~
By A,~J
Susan M, Dege
LeÀnne D. Miller ~usan M. Dege
(
Sarah L, Smith-Larkin' SMD/maj \ /
V
Troy A. Paetz
Joseph M. Bromelanò
Gregory J. Haupert
Laurei j. Pugh
J2S0r~ T. Bretto
Fr3;ìl~.i. R¿;¡_~:(:''',-5í:i and Pirferd V/ Soba;~'arIo are àÒ¡¡ittf:'d in! ;',],'1.1; [;2~C¡2. Gordon H. H3n~freìçr in N~,'(n DDkcta å'ìG ~'~,'i5C0n5i".
,D2:l!,:o_ RaÚ;m':-ski and Sarah L if' :-ViSCO.'ìSir,_ 2')(; t",-'ir;,'srn J (ashm¿:!1 In Sf);;th Da·'-:n;2.
!': ;',12Tt,E'r 0-: ¿:u:,"':f¡:2r~ 0C2,,-; c; T<_,;' _:'-'.': :0(,:,t-:o::._ t: CL"';¡;>2< _ic_::r: f.~,--,t~c,
~
- SEH MEMORANDUM RECE~VED
MAR 3 0 Z005
TO: Judy Weyrens, St. Joseph City Administrator CITY OF ST. JOSEPH
FROM: Tracy L. Ekola, PE
DATE: March 28, 2005
i RE: Ace Hardware Site Plan
SEH No. ASTJOE050 1 D58
I have reviewed the revised Site Plan for Ace Hardware site and have the following comments:
l. Ordinance 52.10 requires adequate ingress and egress to be provided for parking areas and
internal circulation to be provided without utilizing the public street. The parking arrangement in
front of the building does not provide a defined ingress/egress. Based on the location of the street
curb shown on the site plan, this parking arrangement allows vehicles to back out into the street.
2. Per Ordinance 52.18, a Surface Water Management Plan or application for waiver of this
requirement shall be submitted. In addition, the following issues shall be addressed:
. Due to proposed changes and additional roof area, concentrated flows of water from the roof
-. valley should be evaluated to determine how this water would be managed (i.e. so erosion
potential and changes in runoff rate are negligible.)
--- . If the disturbed area is less than 1 acre, a construction NPDES permit is not required.
However, site erosion control practices should be utilized during construction to minimize
runoff during construction.
c: Ron Wasmund, Building Official
Dick Taufen, Pubic Works Director
Joe Bettendorf, SEH
x:\s\stjoe\common\d58 ace hardware\m -judy ace revised plan.doc
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P,O. Box 1717, St, Cloud, MN 56302-1717
SEH is an equal opportunity employer I www,sehinc,com I 320,229.4300 I 800,572,0617 I 320.229.4301 fax
City of St. Joseph
Development Routing Form
.
Site Plan Submitted (Date):
Developer: [\flit &,.\t¿tvt¿l
Planning Commission (Date): '4-fN .. ( Lf
(Anticipated agenda date)
Date Plan is Routed to 0ítvd/l IÇc
appropriate departments
Comments to be returned by: ¡el Iív'C'w 2-ç/
,
Proj ect Type
Preliminary Plat ,B 1 Development Industrial
Final Plat ý/ R2 Development
B2 Development
PUD B3 Development R3 Development
Depmiments for which comments are requested: ,/
r/City Engineer V/Public Works 1/' Building Inspector --
'\// City Attorney / Fire Chief EDA -..-
Please review the attached development plans and submit written comments by the date indicated above,
This form must be returned to the City Offices by the date stated above. If you do not have any concerns
please indicate so on the lines provided below.
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JOTE: Small car dimensions should be used only in RECOMMENDED RANGE OF STALL WIDTHS (SW)
~ts designated for small cars or with entrance controls WI DTH (ft) 8 9 10 11
hat admit only small ~ars, Placing small car stalls into Small car use
standard car layout IS not recommended, Standard
ar parking dimensions will accommodate all normal
,assenger vehicles, Large car parking dimensions make
arking easier and faster and are recommended for
JXury, a high turnover, and use by the elderly, When
he parking angle is 60" or less, it may be necessary to
dd 3 to 6ft to the bay width to provide aisle space
~r pedestrians walking to and from their parked
ars, Local zoning laws should be reviewed before
roceeding.
<t.
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W3 W4
WALL DOUBLE LOADED WALL DOUBLE LOADED ,.. OF' BAY ç
TO <t. (WITH SAWTOOTH ct TO ct (OR ct "'- EDGE OF'
CONCRETE CURS) TO WALK EDGE)
4" PARI<ING TWO SIDES 8'-0"
1'-4" 1'-4" 4" EACH
. .1...1.. .1. J.. J. L .1...1.
SW=WIDTH OF STALLS I, " : I "
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4' 0"
DETAIL "T" MARKER TY~ICALV IJ,ls£fff-~EL .
STALL 4'-0" ,
'ARKING DIMENsIONS IN FEET AND INCHES PARALLEL PARKING STALLS AND "Tn MARKER '
<:1> e ANGLE OF' PARK
SW W 45" 50" 55" 60" 65" 70" 750 80" 85"
ìroup I: 8',0" 1 25'-9" 26'·6" 27'·2" 29'·4" 31'·9" 34'-0" 36'·2" 38'·2" 40'·0"
nail cars~i,;f~' 40'·10" 42'·0" 43'·1" 45'-8" 48'·2" 50'·6" 52'·7" 54'-4" 55'·11"
3 38'-9" 40"2" 41'·5" 44'·2" 47'·0" 49'·6" 51'-10" 53'-10" 55'·8"
4 36',8" 38'·3" 39'·9" 42'·9" 45'·9" 48'-6" 51'·1" 53'·4" 55'-5"
roup II: 8'-6" 1 32'·0" 32'-11" 34'-2" 36',2" 38'·5" 41'·0" 43'·6" 45'-6" 46'·11"
and'ard cars ~~'2f,1i! 49',10" 51"9" 53',10" 56'·0" 58'-4" 60'·2" 62'·0" 63'·6" 64'-9"
3 47'-8" 49'-4" 51 '·6" 54'-0" 56',6" 59'·0" 61'·2" 63'·0" 64'·6"
4 45'-2" 46'·10" 49'·0" 51'·8" 54'·6" 57'·10" 60'·0" 62'·6" 64'·3"
9'·0" -..1~~, 32'·0" 32',9" 34'·0" 35'-4" 37'·6" 39'·8" 42'·0" 44'-4" 46'-2"
U\·;"'''",<' 49'.4" 51'·0" 53'·2" 55'·6" 57',10" 60'-0" 61',10" 63'·4" 64'·9"
3 46'-4" 48'·10" 51'·4" 53'·10" 58'·0" 5B'·B" 61'-0" 63'·0" 64'·6"
4 44'·8" 46'·6" 49'·0" 51'·6" 54'·0" 57'-0" 59'-8" 62'·0" 64'·2"
9'·6" 1 32'-0" 32'·8" 34'·0" 35'·0" 36'·10" 38'·10" 41'·6" 43'·8" 46'-0"
'::;:",0:' 49'·2" 50'-6" 51'·10" 53'·6" 55'-4" 58'-0" 60'·6" 62'·8" 64'-6"
3 47'-0" 48'·2" 49'·10" 51'·6" 53',11" 57'-0" 59'·8" 62'·0" 64'·3"
4 44'·8" 45'-10" 47'·6" 49'·10" 52'·6" 55'-9" 58'-9" 61'·6" 63'·10"
roup III: 9'·0" 1 32'·7" 33'·0" 34'·0" 35'·11" 38'·3" 40'-11" 43'·6" 45'-5" 46'-9"
¡rge cars ;t~~i'0I; 50'-2" 51'·2" 53'-3" 55'·4" 58'·0" 60'·4" 62'·9" 64'·3" 65'.5"
3 47'-9" 49'·1" 52'-3" 53'·8" 56'·2" 59'·2" 61'-11" 63'·9" 65'·2"
4 45'·5" 46',11" 49'·0" 51'·8" 54'·9" 58'-0" 61'·0" 63'-2" 64'-10"
9'-6" 1 32'·4" 32'·8" 33'·10" 34'·11" 37'·2" 39'·11" 42'·5" 45'·0" 46'-6"
r';:;~~;':~' 49'·11" 50"11" 52'·2" 54'·0" 56'·6" 59'-3" 61'·9" 63'·4" 64'-8"
3 47'·7" 48'·9" 50'·2" 52'-4" 55'-1" 58'·4" 60'·11" 62'-10" 64'·6" ~
....f II 4 45'-3" 46'·S" 48'·5" 50'-S" 53'·S" 57'-0" 59'· 10" 62'-2" 64'·1"1
~~I'Moe 10'.0" _ J~::^,:, 32'·4" 32'·S" 33'-10" 34'·11" 37'-2" 39',11" 42'·5" 45'-0" 46'·6"-
:;¡A.\"~ ~:~:t'~~f' 49'-11"\ 50'·11" 52'-2" 54'·0" 56'·6" 59'-3" 61'·9" 63'·4" 64'·8"
;ì-P'W'~ðf...I 3 47'·7" J 48'·9" 50'·2" 52'·4" 55'-1" 58'·4" 60'·11" 62'·10" 64'·6"
4.ANS I 4 45'·3'1 46',8" I 48'-5" 50'-8" I 53'-8" 57'-0" 59'-10" 62'-2" 64'-1"
JTE: e angles greater than 70° have ais '\l6.
.. _.., ... ~ _. _'" 32'-4" REQUIRED - 38'-6" SHOWN ON PLANS
CITY Of ST. JOSEPH
~ www,cityofstjoseph,com
.
Public Hearing
City of St. Joseph
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Administrdtor Monday, April 4, 2005 at 7: 1 0 PM. The purpose of the hearing is to consider three variances
relating to parking lot standards. The variance is being requested to allow an addition to
Judy Weyrens Lee's Ace Hardware. The property is legally described as Lot 3; Block 1 Miller East Cedar
and is located at 207 Cedar Street East.
MdYor St. Joseph Code of Ordinances 52.10. subd 5 (b): states that parking lots existing on or
Richdrd Cctrlbom before January 1, 1996 do not have to be brought into compliance with (Ordinance
Standards) until such time as any of the following events occur: b) an addition is constructed
Councilors to any existing structure located on the property served by the parking lot.
AI Rdssier
Ross R.ieke St. Joseph Code of Ordinances 52.10. subd 5 (j): states that except in the case of single
Renee Symdnietz family, two family and townhouse developments, parking areas shall be designed so that the
circulation between parking aisles or driveways occurs within the designated parking lot and
Ddle Wick does not depend upon a public street or alley and such does not require backing onto the
public street.
St. Joseph Code of Ordinances 52.10. subd 5 (n): states lots shall be so designed that
internal circulation shall be available without utilizing the public street.
. Lee's Ace Hardware, 207 Cedar Street East, St. Joseph MN 56374, has submitted the
request for Variance,
Judy Weyrens
Administrator
Publish: March 25,2005
,~:~~':~,!:! ~-'_._,-,_."'-,-,--,_._,_..
Note: State Law requires mailed ','i'·'.,..·J ~-
notice to all property owners ¡ ""..·,"'1 []II] \
ILl·" X¿L;,,~~
within 350' of a variance, COUNTY ROAD 75 E
75 E
special use, or rezoning '"
request. 2illBffi ~g
:ill]
r-Tlr\\ c::rTl
Lee's Ace
Hardware
-
-
2) College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd t;6,74
Phone ,20.,6,.7201 Fd x ,20,,6,,0,42
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iIIIIIIIIìo. I Attachment: Yes or No I
.
REQUEST FOR PLANNING COMMISSION ACTION
Development Review - Benedicta Arts Center
DATE: April 4, 2005
AGENDA ITEM
Development Review - Benedicta Arts Center
PREVIOUS ACTION
None
RECOMMENDED PLANNING COMMISSION ACTION
. Recommend the City Council authorize the Administrator and Mayor to execute a Development
Agreement between the College of St. Benedict and the City of St. Joseph for the construction of a 17,000
square foot addition to the Benedicta Arts Center.
COMMENTS/RECOMMENDATIONS
~
Benedicta Arts Center Addition .......
Project Narrative .
History
The College of Saint Benedict was the first institution to bring leading artists and performers to
Central Minnesota, building and operating the Benedicta Arts Center (BAC) (173,000 square
foot facility) in 1964. Hosting the Minnesota Orchestra, Dance companies, and performers from
around the world, it continues to serve as the region's premiere facility for performance and
instruction.
Project Definition
Three smaller rehearsal venues are proposed to accommodate the burgeoning enrollment in
performing arts. With a growing schedule of public performances of the Main Stage and the
Forum theaters - and with the acoustical limitations of the back-to-back theaters - there is a need
for suitable space to rehearse theater, dance, and larger music ensembles and to stage smaller
performances for more intimate audiences.
A music rehearsal hall will provide much needed state-of-the-art space for small ensembles and
will free the Main Stage for the demands of Fine Arts Programming. A small black box theater
will provide the needed space for theater instruction, free the Forum Theater for Fine Arts .
Programming and offer a smaller performance venue. A dance rehearsal space will make more
visible the burgeoning dance program and create partnership opportunities with national dance
compames,
Context
The Benedicta Art Center is the gateway building to the campus. As such it is a defining
element, along with the mall, of the student, faculty and visitor's arrival experience. The
expansion of the BAC will serve to strengthen the experience of the campus. While the design
of the Center is revered and has served the arts programs well, its opaque monastic walls hide the
activity and the identity of departments within. It is intended that the expansion provide a more
visible presence for the arts on campus while respecting the original architecture.
Concept
The program requirements for the expansion have been organized to the north of the existing
BAC, creating a bridge to the campus and further defining the edge of the mall. The new Music
Rehearsal Hall, Black Box Theater and Dance Rehearsal space are arranged to have a highly
visible and accessible presence. The co-location of music, theater and dance provides an
opportunity to bring a new energy to the BAC by bringing people together in a space that
showcases the arts. All three rehearsal venues will offer technical and acoustical high
performance space for students.
--
-
New public space extends the capacity of an undersized main theater lobby and provides a box
. office serving the entire Center. A two-story gallery space connects the expansion program to
existing classroom and department space creating a loop through the Center and bringing much
needed natural light to lower level. The lobby extension and gallery spaces provide views to the
campus, the architecture of the main theater and to a new landscaped courtyard that is accessible
and ideal for events.
Exterior
On the exterior, the new performance and rehearsal spaces are composed as rectangular volumes
complimentary of each other and of the original architecture. These volumes are punctuated by
transparent glass windows that glow from the activity within and connect the art forms of the
Center to the campus. A grass amphitheater becomes an extension of the black box theater with
large doors opening up the theater to the outdoor space providing a venue for student activities
and performances, including a summer series of events. The interior courtyard, forrhed between
new construction and the existing Center will allow for views and daylight, and will host
receptions and events when weather allows.
The exterior materials, in addition to glass, will be anodized metal panels in a range of dark red
and sepia colors; rich, warm and with a patina that is distinctive yet is similar to the brick tones
of the Center. Accent areas will be an off-white stucco.
-
-
-
Inspectron Inc.
....
.
Memo
To: St. Joseph Planning Commission
Judy Weyrens, City Administrator
From: Ron Wasmund, Building Official
Date: 3/31/2005
Re: College of Saint Benedict Site Plan Review
Backaround
The College of St. Benedict is proposing an addition of approximately 17,000 square feet to the
Benedicta Arts Center. The space being added consists of a main and lower level. The addition will
contain a theater and a music rehearsal studio, both areas will be open to both levels. There will also
be a dance practice floor, offices for faculty, changing rooms, restrooms, storage rooms and
mechanical rooms. -
The building will be constructed of a mixture of masonry and steel. -
The addition will be constructed on the north side of the existing of the existing Arts Center, The project
has an alternate bid item for the construction of an open-air amphitheater located on the north side of
the proposed addition.
The exterior finishes will consist of stucco EFIS and individual metal panels, each measuring 2' x 6",
Landscaping under this contract will be grass lawn area and over story trees. The college grounds
keepers will do planting beds and more detailed landscaping after completion of the addition,
Sidewalks and paths will match the existing theme of paver bricks throughout the campus,
The height of the addition is 39 feet at the highest point. This is considerably less than the existing Arts
Center,
The site plan does not detail the parking arrangement, however discussions with the architect reveals
sufficient parking exists on the campus to accommodate the needs of the expanded facility,
The building parapets will screen roof top mechanical equipment.
Findinas
Upon review of the site plan and building exteriors I find the addition to the Benedicta Arts center to be
in compliance with Ordinance Section 52,34 for the EE District and Ordinance Section 52,10 for off
street parking.
~
. Page 1
j¿
~
. SEH MEMORANDUM
....,.
TO: Judy Weymes, St. Joseph City Administrator
FROM: Tracy L. Ekola, PE
DATE: March 28, 2005
RE: Benedicta Arts Center Addition
SEH No. ASTJOE 0501 D59
I have reviewed the Site Plan and Stormwater Management Plan for the Benedicta Arts Center Addition
and have the following comments:
l. Notify the Public Works Director prior to dewatering activities.
2. Provide a copy of the Construction Stormwater NPDES permit application and permit to City
Engineer when permit is issued.
3. All proposed utility extensions included in the site plan are owned and maintained by CSB.
c: Ron Wasmund, Building Official
Dick Taufen, Pubic Works Director
Joe Bettendorf, SEH
- Jim Fredricks, CSB
x:\<;\stjoc\common\dS9 benedìcta arts center\m-jweyrens síte plan review.doc
.
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.com I 320,229,4300 I 800,572,0617 I 320,229.4301 fax
City of St. Joseph
Development Routing Form
a
fJ¡ âÝ ch It 200~- .
Site Plan Submitted (Date):
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Developer: ~IOc,r
Planning Commission (Date): Â\D;~\ \ '-j'
(Anticipated agenda date) ,
Date Plan is Routed to (VI a ý(h ---
appropriate departments Il¡, loes-
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Comments to be returned by: z...~, ¿âO~'
,
Project Type
Preliminary Plat B 1 Development Industrial
Final Plat B2 Development R2 Development
/,£<;'(:
POO B3 Development 'v ~ Development
Depaliments for which comments are requested:
/ ,
/ -/ /
V' City Engineer L- Public Works V Building Inspector -
City Attorney V Fire Chief EDA -
Please review the attached development plans and submit written comments by the date indicated above,
This form must be returned to the City Offices by the date stated above. If you do not have any concerns
please indicate so on the lines provided below,
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· I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Environmentally Sensitive Ordinance
DATE: April 4, 2005
AGENDA ITEM
Discussion on Environmentally Sensitive Ordinance
PREVIOUS ACTION
None
RECOMMENDED PLANNING COMMISSION ACTION
· Determine whether or not the Planning Commission is interested in pursing adoption of a similar
Ordinance.
COMMENTS/RECOMMENDATIONS
Jim Graeve requested that this matter be placed on the agenda for discussion. At this time it is
informational only. If you are interested in pursuing this matter I can forward the information to the staff
for review and comments. After receiving the comments a revised draft would be presented for
consideration. If you would like to pursue a similar Ordinance guidance as to what you would like to see
in the Ordinance would be helpful.
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ORDINANCE NO. 1871
ST. CLOUD ENVIRONMENTALLY SENSITIVE AREAS ORDINANCE
THE COUNCIL OF THE CITY OF ST. CLOUD HEREBY ORDAINS:
ARTICLE 1 - TITLE
This Ordinance as amended from time to time shall be known as the "Environmentally
Sensitive Areas Ordinance" of the City of St. Cloud, Minnesota, and shall be known,
cited and referred to herein as "this Ordinance."
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ARTICLE 2 - PURPOSE
SECTION 1
1.1 The intent of this Ordinance is to pursue two equal goals:
1.1-1 To provide and encourage measures of protection to those properties
identified as Environmentally Sensitive Areas (ESA).
1.1-2 To provide for equitable economic return in consideration of protection and
preservation of ESA.
SECTION 2
2.1 This Ordinance creates a process through which the City can comply with the
Comprehensive Plan's pledge to support orderly growth and development while
protecting environmentally sensitive resources within the City of St. Cloud.
The goals of the Comprehensive Plan furthered by this Ordinance include the
need to:
2.1-1 "Protect, conserve, and enhance natural resources within and adjacent to
. the St. Cloud area for the community's long-term environmental and
economic benefit."
2.1-2 "Support the orderly growth of residential, commercial and industrial areas
in accordance with reasonable market projections."
2.1-3 "Identify sensitive environmental areas and prioritize their inclusion in a
regional open space system."
2.1-4 "Create and sustain a favorable climate for economic development in the
City."
SECTION 3
3.1 This Ordinance requires that all future development occurring in areas identified
as environmentally sensitive be guided by a concern to protect; conserve and
enhance those resources. To accomplish this goal, this Ordinance creates a
process to aid, support and promote development that achieves these
environmental goals. This process will:
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3.1-1 Identify and prioritize environmentally sensitive areas;
3.1-2 Aid developers in the creation of their development plans;
3,1-3 Aid City staff, the Planning Commission and City Council in their
assessment of development plans in environmentally sensitive
areas;
3.1-4 Provide flexibility in the planning process when needed to balance
environmental and economic goals.
SECTION 4
4.1 Rationale for Protecting Environmentally Sensitive Areas:
Environmentally Sensitive Areas (ESA's) are areas that contain native
vegetation and natural features and/or natural resources that contribute to
the health, welfare and quality of life of the people of St. Cloud. The City
of St. Cloud has a right and the responsibility to protect and conserve
these areas for a variety of reasons, including:
4.1-1 Some areas contribute to community health (e.g., wetlands that
function to filter and purify water); .
4,1-2 Some areas are valued for historical and symbolic reasons (e.g.,
the few remaining examples of pre-settlement prairie or granite
outcrops that symbolize St. Cloud's heritage);
4,1-3 Some areas contribute to community safety (wetlands and riparian
corridors contribute to flood control):
4.1-4 Some areas are valued as habitat for wildlife and/or natural
communities (some of which include rare native plant or animal
species);
4,1-5 Some areas are valued for recreational (hiking, skiing, walking)
purposes;
4,1-6 Some areas are valued on the grounds of aesthetics and quality of
life (as open areas and woodlands provide solitude and quiet
amidst the noise and crowds of modern life);
4.1-7 Some areas function as educational resources for scientific
research and teaching (especially by providing our children with
convenient and local access to learn about their natural
surroundings and their history).
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ARTICLE 3 - FINDINGS
The Council for the City of St. Cloud finds that:
-Natural areas, such as native prairies, forests and woodlands, rare species
habitat, sensitive geological and hydrological features, wetlands, riparian (river
and stream) and wildlife corridors, and other unique and sensitive natural
features within the City are parts of the natural ecosystem (see Appendix A -
Description of Environmentally Sensitive Resources and Rationale for
Protection).
- This natural ecosystem and its interconnected network should be protected in
the development of the City for the present and future health, safety and general
welfare of the people within the City.
- The St. Cloud Environmentally Sensitive Areas Ordinance identifies and
prioritizes these environmentally sensitive natural areas.
-The continued strength of our community, our economic security and the health
of our natural environment are interdependent. Sustainable development
maintains or enhances economic opportunity. Therefore, our community's well
. being and quality of life is enhanced by protecting, conserving and enhancing
environmentally sensitive areas.
- This Ordinance also furthers the goals of the following:
City of St. Cloud 1993 Comprehensive Plan
City of St. Cloud Home Rule Charter
Community Based Planning Act of 1997 (CBPA) Minnesota
Statutes 4A.08, particularly the goals of economic development,
conservation, land-use planning and sustainable development
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ARTICLE 4 -IDENTIFICATION OF ENVIRONMENTALLY SENSITIVE AREAS
SECTION 1 - GOALS
Environmentally Sensitive Areas are identified to:
1,1 Protect, conserve and enhance the City's natural resources including the City's
inventoried and identified native prairies, forests, woodlands, sensitive geological
and hydrological features, wetlands, riparian (river and stream) corridors, wildlife
corridors and other sensitive natural features.
1,2 Develop a priority system for guiding protection of environmentally sensitive
areas.
1,3 Promote open space, including an interconnected system of trails for people and
corridors for wildlife where appropriate and feasible,
1.4 Provide for the orderly growth and development of the City including commercial,
industrial and residential areas.
1.5 Promote flexible site planning.
1.6 Allow for a mix of housing types, .
1.7 Promote protection of steep slopes and sensitive soils.
1.8 Encourage coordination between city, county, state and federal agencies
concerned with natural resources.
1,9 Encourage cooperation through joint planning and development with neighboring
communities to protect, preserve, and enhance our shared natural environment.
1,10 Encourage early cooperative planning between landowners/developers, the City
and individuals with scientific expertise in natural communities and resources.
SECTION 2 - ENVIRONMENTALLY SENSITIVE AREAS
Environmentally Sensitive Areas (ESA's) are areas that contain native vegetation and
natural features and/or natural resources, ESA's contain natural communities, i.e.,
naturally-occurring associations of plants and animals whose existence and extent are
determined by factors such as soil composition, hydrology, climate, solar conditions and
a site's unique history. Natural communities are named for the dominant plant species
within them or for characteristic environmental features. Examples are oak forest and
wet meadow. ESA's may also contain rare species or protect natural resources of
concern. ESA's are sensitive in that further fragmentation, disturbance and
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development will adversely affect and may destroy the natural processes operating
within them, as well as the composition, structure and function of the natural
communities they contain.
SECTION 3 - CRITERIA FOR DESIGNATING LAND AS AN ENVIRONMENTALLY
SENSITIVE AREA
Properties designated as environmentally sensitive have one or more of the following
characteristics:
3.1 Contains much native biodiversity and few exotics.
3.2 Is of adequate size and cohesiveness to be biologically sustainable,
3.3 Is a remaining example of a pre-permanent settlement natural community for
Minnesota.
3.4 Is considered significant because it is rare in the St. Cloud area.
3.5 Contains or is adjacent to a rare species site, and is critical in preserving the rare
plant species or in conserving the rare animal species present. (See MN Statute
84.0895, Protection of Threatened and Endangered Species.)
. 3.6 Contains sensitive geological and hydrological features.
3.7 Contains or is adjacent to a wetland, river or stream and is critical in maintaining
water quality, rare species habitat, or flood control.
3.8 Contributes significantly to biological or hydro-geological functions such as
wildlife habitat, air purification, and erosion control.
These criteria, when ecologically significant, are used in designating new properties as
environmentally sensitive areas through the amendment process. (See Article 7,
Section 4.)
SECTION 4 - CRITERIA FOR PRIORITIZATION OF ENVIRONMENTALLY
SENSITIVE AREAS
Areas designated as environmentally sensitive are prioritized for planning purposes.
Prioritization is based on the presence of one or more of the following characteristics:
4.1 Quality of the area as determined by the degree of human disturbance on the
ecosystem (the less the disturbance, the higher the quality).
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4.2 Local and/or state rarity.
4.3 Biodiversity of native species.
4.4 Interconnectedness: corridors and complexes that form interconnected
and contiguous areas and which allow for movement of species from one
Environmentally Sensitive Area to another.
4.5 Part of a riparian (river and stream) corridor; part of a wildlife corridor.
4.6 Size: each type of Environmentally Sensitive Area has its own size
requirements that contribute to continued viability for that natural
community.
4,7 Provides an environmental service: purification system for drinking water
and surface waters; a groundwater recharge area; an air purification
system that fosters human health; a low cost stormwater management
and flood control system; noise abatement, natural wind and snow break,
etc.
4.8 Ecological sensitivity, i.e. the ability of the natural community to tolerate
development and/or recover from human disturbance.
SECTION 5 - DETERMINATION OF LOCATION OF ENVIRONMENTALL Y .
SENSITIVE AREAS
5.1 Preliminary determination of the location of an ESA will be made by the
Planning Office and Engineering Department using the maps as denoted
in Sections 5.1-1 and 5.1-2 below. ESA's as denoted on the maps in
Sections 5.1-1 and 5.1-2 below and their impact zones shall be the only
properties regulated by this Ordinance; except that the land area regulated
also applies to any land area that is added, and does not apply to a land
area deleted, as an ESA under the land area amendment process as
outlined in Article 7, Section 4.
5.1-1 S1. Cloud Natural Areas Inventory and Planning Framework (1996)
and 2001 Addendum (including the S1. Cloud Natural Areas and
Rare Species Sites map and 2001 Addendum maps),
5,1-2 Minnesota County Biological Survey Map entitled Natural
Communities and Rare Species, S1. Cloud Metropolitan Area
(1997).
5,2 The City and the Environment and Development Team may use other
pertinent reference maps, reports and documents, etc. in dealing with
property that contains an ESA (see Appendix F for examples of other
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resources the City may use). The use of other resources is only for
reference and does not create new ESA's. The process for amending the
designation of land as an ESA is described in Article 7, Section 4.
5.3 Final determination of the specific boundaries of an ESA will be made by
qualified scientists through the Site Planning Process (see Article 6,
Section 3).
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ARTICLE 5 - GENERAL PROVISIONS
SECTION 1 - PURPOSE
The following provisions are designated to encourage land and development planning
which help insure that sensitive areas are protected.
SECTION 2 - ACTIVITIES WHICH ARE SUBJECT TO THIS ORDINANCE
The following activities are subject to this Ordinance unless exempted under Section 3
of this Article.
2.1 Subdivision of land.
2.2 Any new construction or building additions within the boundaries of ESA and its
impact zone,
2.3 The following land alterations within the boundaries of ESA and its impact zone:
clear cutting, removal of native vegetation, fills and excavations, grading, and
modification of drainage patterns or other destruction or alteration having a
negative impact on the viability or survival of the environmentally sensitive areas,
2.4 New roads, bridges, road expansion projects and/or public or private utilities ·
above or below ground.
SECTION 3 - EXEMPTIONS
The following are exempt from the regulations of this Ordinance.
3.1 That portion of property regulated by any of the following ordinances: St. Cloud
Flood Plain Management Ordinance, St. Cloud Scenic Rivers Ordinance, St.
Cloud Shoreland Management Ordinance, and activities regulated by the
following acts: Minnesota Wetland Conservation Act and Section 404 of the
Clean Water Act, not including contiguous impact zones. At the request of the
owner/developer of property mentioned above in this section, the ESA portion of
said property may be included in the site planning process.
3.2 Property that has received preliminary or final plat approval prior to the effective
date of this Ordinance.
3.3 Building projects for which a valid building permit exists that was issued prior to
the effective date of this Ordinance,
3.4 Public street, bridge, trail and utility construction projects that have been
approved for construction prior to the effective date of this Ordinance,
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3.5 Public right-of-way dedication and improvement projects that are subject to the
National Environmental Policy Act (NEPA) of 1969 and/or the Minnesota
Environmental Review Program (MERP) and comply with the Comprehensive
Plan.
3.6 Stormwater retention, groundwater recharge and discharge, groundwater
monitoring, water purification, nutrient retention and removal, and pollution
control facilities that have been approved for installation by county, state and/or
federal regulatory agencies.
3.7 Customary dredging and channel maintenance of existing drainage facilities, This
includes vegetative maintenance for access and stormwater/flood control
purposes within and adjacent to drainageways.
3.8 Activities associated with the repair, maintenance, or replacement of pipeline and
utility lines within existing utility rights-of-way.
3.9 Activities associated with the repair, maintenance or replacement ot public
highways, roads, trails and bridges within existing street rights-ot-way.
. 3.10 Activities associated with the routine maintenance of existing public road, utility
and pipeline rights-ot-way (this exemption is tor the maintenance, but not the
expansion, of rights-of-way in which roads and utilities are located).
3.11 Temporary emergency procedures necessary for the satety or protection of
property,
3,12 Single utility poles required to provide service to the local area.
3.13 Ongoing customary agricultural operations.
3,14 Unplatted property that is two acres or less in size, in its entirety, that is occupied
by a single family residential dwelling unit prior to the effective date of this
ordinance.
SECTION 4 - HIERARCHY OF PROTECTION AND DEVELOPMENT GUIDELINES
In developing and reviewing plans tor a property that has an Environmentally Sensitive
Area, City staff, Environment and Development Team, Planning Commission and City
Council shall take into account the following hierarchy of protection and development
guidelines.
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4.1 Hierarchv of Protection
The hierarchy of protection as listed in Sections 4.1-1 and 4.1-2 of this Article are
listed in descending order from the highest to the lowest level of protection, In
general, higher priority areas should receive more protection than lower priority
areas, The preservation of rare species, riparian and wildlife corridors and
complexes of the Environmentally Sensitive Areas will receive priority treatment
in each category.
4,1-1 Natural Heritage Areas and Rare Species. The goal is that any
development and alterations take place outside these areas.
4.1-2 Natural Resource Areas
4,1-2,1 High Priority Areas (Level I) - The goal is to protect these
areas and avoid any deterioration.
4,1-2.2 Medium Priority Areas (Level II) - The goal is to conserve the
quality of these areas while allowing minor encroachment or
disturbance.
4,1-2,3 Low Priority Areas (Level III) - The goal is that design,
placement and construction techniques used in these areas ·
will enhance the general ambiance and character of the
natural resource area.
4.2 Development Guidelines
4.2-1 Maximize the protection of the Environmentally Sensitive Areas,
4,2-2 Provide for an equitable economic return for the development.
4,2-3 Maintain viable riparian and wildlife corridors, rare species, and
connections between Environmentally Sensitive Areas,
4.2-4 Keep undeveloped Environmentally Sensitive Areas large enough
to maximize sustainability and minimize fragmentation.
4,2-5 Maintain a buffer adequate to the health and viability of the
Environmentally Sensitive Area,
4,2-6 Minimize adverse construction impacts on the Environmentally
Sensitive Areas.
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ARTICLE 6 - SITE PLANNING PROCESS
SECTION 1 - PURPOSE
The intent of this planning process is to protect, conserve and enhance Environmentally
Sensitive Areas and to provide for equitable economic return in consideration of
protection and preservation of ESA's. Allowing flexibility in the development design is
crucial and will be worked out on a case by case basis for the property under
consideration. The historical differences in development and use of land, based on the
underlying zoning (Le., agricultural, commercial, industrial, or residential), will be
considered in the process. Furthermore, it is the intent of this Ordinance to discourage
requests for rezoning purely for the purpose of evading compliance to the goals,
standards and requirements of this Ordinance.
SECTION 2 - ENVIRONMENT AND DEVELOPMENT TEAM (EDT)
2.1 Function of the Environment and Development Team
The EDT will work together sharing perspectives on how development might
proceed on the property to accommodate development and stewardship of the
ESA. Staff and scientific members will work in an advisory capacity to the
. owner/developer regarding the development of a Concept Plan and Natural
Resource Management Plan. The EDT may discuss various tools and incentives
for protection (see Appendix C and Article 6, Section 3,6). With this information,
the owner/developer will then proceed to take the sketch plat and formulate the
Concept Plan and preliminary plat for the development. Staff and scientific
members will review and comment on the preliminary plat.
2.2 Composition of the Environment and Development Team
The Environment and Development Team consists of the following:
The owner/developer.
Another designated person of the owner's/developer's choice.
Staff representative of each: Planning Office, Engineering Department, and Park
Department.
Two volunteers with scientific expertise in natural resources. (See Appendix D
for qualifications.)
2.3 Appointment of Scientific Members
2.3-1 The Mayor shall appoint a group of volunteers with training and
experience in one or more of the following areas: Natural History, Ecology,
Geology, Hydrology, Wildlife Biology or Botany. The City Council shall be
advised of these appointments.
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2.3-2 The Planning Director shall select two persons from the group who have
expertise appropriate to the natural resources on the proposed project to
serve as members of the Environment and Development Team for that
specific proposal.
2.3-3 Residency in the City of St. Cloud is not required when residents with
appropriate scientific expertise are not available within the city.
SECTION 3 - ENVIRONMENT AND DEVELOPMENT TEAM REVIEW PROCESS (see
Appendix G - Flow Chart)
3.1 Activation of the Environment and Development Team
3.1-1 If the Planning Office and Engineering Department determine that a
proposed development will occur on an environmentally sensitive area or
its impact zone, then the Planning Office will activate the Environment and
Development Team.
3,1-2 The Planning Office will convene the initial meeting of the Environment
and Development Team.
3,1-3 The Planning Office will provide to the Environment and Development .
Team all material pertinent to the proposal as it becomes available,
3,2 Existinq Features
The following information may be helpful for the initial meeting with the EDT and
for the development of the Concept Plan and Natural Resource Management Plan.
3.2-1 A contour map based at least upon topographical maps published by the
U.S. Geological Survey.
3.2-2 The location of severely constraining elements such as wetlands,
watercourses, intermittent streams and 1 DO-year flood plains, and existing
or proposed rights-of-way and easements.
3.2-3 The location of features such as woodlands, tree lines, prairies, wildlife
habitat, open and/or active fields or meadows, watershed divides and
drainage ways, fences or stone walls, rock outcrops, and existing
structures, roads, tracks and trails.
3,3 On-site Visits
The EDT may elect to conduct on-site visit(s) to familiarize themselves with the
property.
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3.4 Verification of an ESA
3.4-1 Scientific members of the EDT will help determine more accurately the
boundaries of the ESA, connections of the natural communities present on
and adjacent to the property, and the quality and significance of the
identified environmentally sensitive area.
3.4-2 Major development that would require a substantial amount of work/time
for the scientific members may require the owner/developer to hire a
consultant.
3.4-3 The scientists will report their findings to the EDT.
3.5 Concept Plan
A Concept Plan is a non-engineered plan for a property proposed for
development. The Concept Plan will provide information in sufficient detail to
analyze the proposed development and its relation to the environmentally
sensitive areas located on the property. This plan may be required to be
completed prior to any development or alteration to the property.
· 3.5-1 Staff and scientific members will work in an advisory capacity to the
owner/developer proposing the project regarding the development of a
Concept Plan and Natural Resource Management Plan.
3.5-2 Owner/developer prepares Concept Plan and submits it to the Planning
Office which provides it to other members of the EDT.
3.5-3 Owner/developer presents Concept Plan to other members of the EDT for
discussion.
3.6 Incentives
3.6-1 To provide for equitable economic return in consideration of protection and
preservation of Environmentally Sensitive Areas covered by this
Ordinance, incentives include, but are not limited to, the following:
- variance from subdivision regulations, such as allowing
- n~rrower public right-of-way
- reduced sidewalk requirements
- reduced street widths
- reduced setback requirements
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- acceptance of donation of an ESA in lieu of park dedication
- preservation of an ESA through conservation easement or Natural
Resource Management Plan in lieu of park dedication
- assessment on storm drain to exclude the square footage that is in
the protected area
- use of the wetlands as a storm drain alternative
- allowance for wetlands. If incentives are given for a wetland on
property that has other ESA's, development should occur outside
said other ESA's.
- other assessment relief
- allowance of increased density and smaller lot size
- clustering of development outside the ESA
- variance from lot coverage regulations
- waiver of application fees ·
land swaps
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3,6-2 In commercial and industrial districts, additional incentives include, but are
not limited to, the following:
- reduction of the required area for paved parking
- waiver of standard height restrictions
- variance from standard setback requirements
- variance from landscaping requirements
- use of unpaved, dust free parking surfaces
3.6-3 Incentives that increase impact pressures on other ESA's should be
avoided,
3.6-4 Environmental Planned Unit Development (EPUD)
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3.7 Natural Resource Manaaement Plan
In conjunction with, or following, the Concept Plan, the owner/developer (with
help from other members of the EDT) will provide for a Natural Resource
Management Plan to help protect the composition, structure and function of the
natural communities and wildlife habitat within the environmentally sensitive
areas which is to be protected within the project and (if appropriate) adjacent
buffer areas.
This plan outlines specific management and protection measures and how they
.~-..-- .
will be accomplished for the environmeritàl1y sensitive area and (if appropriate)
for the buffer areas. (See suggested guidelines in Appendix B - Best
Management Practices.)
This plan outlines by whom and how implementation takes place, If platting is
required, this plan, upon approval by the City Council, is included in the
subdivision agreement and/or the deed, if appropriate.
SECTION 4 - REVIEW PROCESS (REQUIRING PLATTING) FOR AN ESA NOT
INVOLVING ZONING ISSUES
. The development process for a project which includes an ESA but does not require
rezoning or where the property owner/developer opts not to request a rezoning to an
EPUD follows the EDT review process as outlined in Article 6, Section 3 and the
following.
4.1 Owner/developer prepares preliminary plat in accordance with the Concept Plan
and submits it to the Planning Office along with the Natural Resource
Management Plan (Article 3, Section 3.7). The Planning Office provides these to
the other team members,
4.2 Scientists assess the effects of the preliminary plat and Natural Resource
Management Plan on the ESA(s) included in the project and submit report to the
Planning Office, which provides the report to other members of the EDT.
4.3 The Planning Office provides its findings and recommendation (considering EDT
analysis) on the preliminary plat and Natural Resource Management Plan to the
Planning Commission.
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4.4 Final plat is submitted in accordance with the preliminary plat.
4.5 Preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, are reviewed by the Planning Commission and City Council.
4.6 Conditions of the plat approval are included in the subdivision agreement
for the final plat.
SECTION 5 - REVIEW PROCESS (REQUIRING PLATTING) FOR AN ESA
INVOLVING ZONING ISSUES (ENVIRONMENTAL PLANNED UNIT
DEVELOPMENT)
The purpose of the Environmental Planned Unit Development (EPUD) is to offer
an alternative to residential, commercial, industrial and agricultural zones, as
outlined in the Zoning Ordinance, for development of parcels containing
Environmentally Sensitive Areas (ESA's) and/or their impact zones as designated
in this Ordinance. (See Article 4, Section 2.) The EPUD is similar to a PUD
except that it pertains only to these parcels, and it follows the planning and
review process as outlined in this Ordinance,
Deviation from the definitive and precise requirements of the single purpose
zones is to be conditionally allowed as an EPUD if the particular areas to be
developed can offer greater value to the community and better meet the .
community's health, welfare and safety requirements and the goals of this
Ordinance.
The EPUD may be multi-purpose in nature so that it may contain several
classifications for residential use as well as a combination usage which could
include appropriate commercial and/or industrial uses.
The development process for ESA's involving zoning issues (EPUD) follows the
EDT review process as outlined in Article 6, Section 3 and the following,
5.1 Owner/developer requests EPUD zoning.
5.2 Owner/developer prepares preliminary plat and EPUD in accordance with
the Concept Plan, and submits it to the Planning Office along with the
Natural Resource Management Plan (Article 3, Section 3,7). The
Planning Office provides these to the other team members.
5,3 Scientists assess the effects on the ESA(s) of the EPUD, preliminary plat
and Natural Resource Management Plan and submit report to the
Planning Office, which provides the report to rest of team.
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5.4 The Planning Office provides its findings and recommendation
(considering EDT analysis) on the EPUD, preliminary plat and Natural
Resource Management Plan to the Planning Commission.
5.5 The Planning Commission holds a public hearing and reviews the EPUD,
preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, and makes a recommendation to the City Council,
5.6 The City Council holds a public hearing and reviews the EPUD,
preliminary plat, Natural Resource Management Plan and if appropriate,
the final plat, and makes the final determination on the EPUD and plat.
5.7 Conditions of the approval are included in the EPUD.
5.8 The final plat shall be consistent with the EPUD.
SECTION 6 - REVIEW PROCESS FOR AN ESA NOT REQUIRING PLATTING
The review process for activities occurring on property where platting is not
required will follow the EDT review process as outlined in Article 6, Section 3 and
the following,
. 6,1 Property owner/developer will provide information to the Planning Office
detailing what activities are proposed for the property.
6.2 If the EDT is activated, the EDT may decide to visit the property.
6.3 The EDT may work on developing a Concept Plan, and if appropriate, a
Natural Resource Management Plan for the property.
6.4 The Planning Director will give final approval of the Concept Plan and
Natural Resource Management Plan.
6.5 Any activities on the property shall follow the Concept Plan and Natural
Resource Management Plan.
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ARTICLE 7 - ADMINISTRATIVE REGULATIONS
SECTION 1 - ADMINISTRATION
The Planning Director shall administer and enforce this Ordinance.
SECTION 2 - PERMIT REQUIREMENTS
A building permit shall not be issued or any alterations to the property allowed unless it
is in conformity with this Ordinance.
SECTION 3 - ZONING BOARD OF APPEALS
3.1 The Zoning Board of Appeals shall hear and decide appeals where it is alleged
there is an error in any order, requirement, decision, or determination made by
the Planning Director in the enforcement or administration of this Ordinance,
3.2 The Zoning Board of Appeals shall hear and decide request for variance from the
literal provisions of this Ordinance in instances where strict enforcement would
cause undue hardship because of circumstances unique to the individual
property under consideration.
3,3 The procedure for appeals and variances shall follow the procedures as denoted ·
in Article 28, Sections 4.4, 4,5, 4.6 and 4.7 of the St. Cloud Zoning Ordinance.
SECTION 4 - AMENDMENTS TO THE ENVIRONMENTALLY SENSITIVE AREAS
ORDINANCE
4.1 Subject to the procedure as prescribed in the Zoning Ordinance, Article 28,
Administration and Enforcement, Section 5.2, Procedure, the Council may on its
own motion, or at the request of the Planning Commission or on the petition or
appeal of the affected property owner(s):
4,1-1 Remove land that has been designated on the maps if it is found that an
error was made in that said property fails to meet the criteria as outlined in
Article 4, Sections 3 and 4 of this Ordinance.
4.1-2 Add land to the maps if it is found that said land meets the criteria as
outlined in Article 4, Sections 3 and 4 of this Ordinance to be classified as
an environmentally sensitive area,
4.1-3 Change any of the regulations or requirements of this Ordinance by
amendment to this Ordinance.
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4.1-4 In the event that any land not previously inventoried is annexed to
the City after the effective date of this Ordinance, said land shall be
inventoried as soon as feasible for inclusion on the Environmentally
Sensitive Areas Maps, said inventory period not to exceed 9
months.
4.1-5 For purposes of a petition to change this Ordinance, map, etc., the
word "owner" shall be deemed to include any person having a
freehold interest or a contractual interest which may become a
freehold interest.
SECTION 5 - VIOLATION - PENAL OFFENSE
5,1 Upon a determination that probable cause exists to indicate a violation of
any of the provisions of this Ordinance has been committed or shall exist,
the owner or lessee of the building or premises, or the owner or lessee of
any part of the building or premises constituting the violation shall be
served by certified mail, return receipt requested, with the appropriate
written order to remove the violation, and if necessary, to restore the site
to its status prior to the existence of the violation. If the violation continues
to exist ten (10) days from receipt of such written order, the owner or
· lessee shall be guilty of a penal offense punishable upon conviction as a
misdemeanor.
5,2 Upon conviction of a violation under the provisions of paragraph 5.1 of this
section, the continued violation of such provision shall constitute a
separate offense for each day such violation shall continue to exist.
SECTION 6 -INTERPRETATION
In interpreting and applying the provisions of this Ordinance, they shall be held to
be the minimum requirements for the promotion of public safety, health,
convenience, comfort, prosperity and general welfare. It is not the intent of this
Ordinance to interfere with or abrogate or annul any easement, covenant, or
other agreement between parties; provided, however, that where this Ordinance
imposes a greater restriction upon the use of building or premises, the provisions
of this Ordinance shall govern.
SECTION 7 - SEVERABILITY
Should any section, clause or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the validity of
the Ordinance as a whole or any part thereof, other than the part so declared to
be invalid.
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ARTICLE 8 - DEFINITIONS
Biodiversity -The variety of life forms that inhabit the earth. Biodiversity includes a) the
number of different species of living things found in an area; b) the number of
different ecosystems found in an area.
Buffers - Located within an impact zone. Buffers are areas of secondary protection
established on a case-by-case basis for each environmentally sensitive area,
The width of a buffer is anticipated to vary around the perimeter of each
environmentally sensitive area.
Cluster development - A development design technique that concentrates buildings in
specific areas on a site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive areas.
Complex - Two or more environmentally sensitive areas adjacent to each other.
Concept Plan - A non-engineered plan for a property proposed for development. For
properties containing an Environmentally Sensitive Area, the Concept Plan is
more than a Sketch Plat since it must include enough detail to analyze the
proposed development and its relation to the environmentally sensitive areas
located on the property. .
Corridors - Corridors are strips or blocks of land that form connections between two
separated areas of similar habitat. These corridors allow plants and animals to
disperse and travel from one "island" of suitable habitat to another.
Equitable Economic Return - Return to landowner guaranteed by the takings clauses of
the Minnesota and United States Constitutions.
Exotic species - A species that is foreign or introduced into an area due to European
settlement.
Impact zones - Zones assigned around the perimeter of environmentally sensitive
areas,
The Environment and Development Team review process shall be initiated
whenever an activity that is regulated by this Ordinance is proposed to occur
within an ESA or its impact zone.
For purposes of this Ordinance impact zones shall extend the following distances
outward from the ESA,
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DNR Protected Waters, Riparian 1 00 feet
Corridors, Rock Outcrops and Native Prairies
Natural Heritage Sites, High Priority Natural 100 feet
Resource Sites and all Wetlands
Medium and Low Priority Natural 50 feet
Resource Sites
Native species - A species that existed in an area prior to European settlement.
Natural community - A group of native plants and animals that interact with each other
and their abiotic environment in ways not greatly altered by modern human
activity or by introduced organisms. They are classified and described by
considering vegetation, hydrology, landforms, soils, and natural disturbance
regimes (such as wildfires, windstorms, normal flood cycles and normal
infestation by native insects and microorganisms).
Natural Heritage Areas - Natural Heritage Areas, as designated in this Ordinance, are
those environmentally sensitive areas that have been identified by the MN-DNR's
Natural Heritage and Nongame Research Program and Minnesota County
Biological Survey as having not only local, but state-wide significance. These
· areas are largely unaltered by modern human activity and have native vegetation
distributed in naturally-occurring patterns. Natural Heritage Areas are the few
remaining examples of native vegetative communities present prior to European
settlement. As such, they are of unusually high quality, may contain rare or
endangered species, and represent remnants of St. Cloud's history and
heritage.
Natural Resource Areas - Natural Resource Areas, as designated in this ordinance,
possess and/or protect important natural resources. These areas may contain
rare species, important wildlife habitat and/or remnants of rare or uncommon
natural communities. They may protect groundwater, rivers, lakes, streams and
wetlands, or otherwise support natural resource functions. Natural Resource
Areas are designated as high, medium or low priority, based on the quality, rarity
and interconnectedness of the resources (Natural Areas Inventory and Planning
Framework, SEH, pp. A-2 to A-3).
High Priority Areas - Natural resource areas slightly disturbed by human
activity; in a complex (adjacent to another environmentally sensitive area
or areas); uncommon state-wide; very rare or unique locally.
Medium Priority Areas - Natural resource areas in a complex with
moderate to severe human disturbance or not in a complex with only slight
human disturbance. Although common statewide, many are experiencing
widespread threats and are of poor quality while others are more secure,
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Low Priority Areas - Natural resource areas with moderate to severe
human disturbances; not part of a complex.
Open space - An area that is intended to provide light and air and is designed for either
environmental, scenic, or recreational purposes. Open space may include, but is
not limited to, lawns, walkways, active and passive recreation areas,
playgrounds, wooded areas and water courses. Open space shall not be deemed
to include driveways, parking lots, or other surfaces designed or intended for
vehicular travel.
Overburden - The loose soil, silt, sand, gravel, or other unconsolidated material
overlying bedrock, either transported or formed in place.
Rare species site - A documented historic location of a species that is listed on federal
or state lists for rare, threatened and endangered species.
Riparian corridors - The complex assemblages of organisms and their environment
existing adjacent to and near flowing water. Such corridors have two essential
characteristics: 1) laterally flowing water that rises and falls at least once within a
growing season; 2) a high degree of connectedness with other ecosystems, As
such, riparian corridors act as natural buffers between the fiowing water and
adjacent land uses, i.e. agriculture, urban areas, etc. ·
Rock outcrop - Bare exposure of bedrock without soil cover and regardless of plant
association, These outcrops may indicate presence of sensitive soils, sensitive
hydrological features, sensitive geological features, and/or unique biotic
communities,
Scientist - A person with a professional degree or training in one or more of the
following areas: Natural History, Ecology, Geology, Hydrology, Wildlife
Biology or Botany, and as set forth in Appendix D.
Sensitive geological areas - Any geologic feature easily modified or destroyed by
human activity. Examples include glacially-polished bedrock, open fractures and
residual clays. Sensitive geological features are areas included within
designated Natural Heritage and Natural Resource Areas,
Sensitive hydrological areas - A surface or groundwater feature where minor human
disturbances will change water movement, water level or water quality, Sensitive
hydrological features are areas included within designated Natural Heritage and
Natural Resource Areas,
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Sensitive soils - Soil where soil structure or function is easily lost with minor
disturbance. For example: thin soils underlain by shallow bedrock or a
high water table.
Sketch Plat - A sketch preparatory to the preliminary plat (or final plat in the case
of minor subdivisions) to enable the subdivider to save time and expense
in reaching general agreement with the Planning Commission as to the
form of the plat and the objectives of these regulations. All existing
buildings and site improvements must be shown on the sketch plat.
Steep slopes - Slopes that are unstable enough so that downslope movement is
likely. An unstable condition can occur because of a combination of
steepness, material, hydrologic conditions, and human disturbance,
Subdivision - Any land, vacant or improved, which is divided or proposed to be
divided into two (2) or more lots, parcels, sites, units, plots, tracts, or
interested for the purpose of offer, sale, lease, or development whether
immediate or future, either on the installment plan or upon any and all
other plans, terms, and conditions. Subdivision includes the division or
development of residential and nonresidential zoned land, whether by
deed, metes and bounds description, devise, intestacy, lease, map, plat or
. other recorded instruments. Subdivision includes resubdivision.
Wildlife corridor - Swath of habitat (land, water, air) through which
undomesticated organisms may move. Such corridors can be discrete
linear vegetated areas along rivers (riparian corridors) and fence lines
(hedge rows) or broad connected patches of vegetated land.
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THE APPENDICES IN THIS ORDINANCE ARE GUIDELINES AND RESOURCES,
APPENDIX A - DESCRIPTION OF ENVIRONMENTALLY SENSITIVE RESOURCES
AND RATIONALE FOR PROTECTION
All vegetative community types are defined in Minnesota's Native Vegetation - A Key to
Natural Communities, MN-DNR, Natural Heritage Program, Transition vegetative
communities may appear in more than one category. (See Appendix B for best
management practices,)
(1) Native Prairies
For the purpose of this Ordinance, Central Minnesota remnant native
prairie communities include mesic (moist) oak savannah, xeric (dry) oak
savannah, mesic prairie, dry prairie, wet brush prairie, wet meadows, wet
prairies, and rock outcrops.
The protection of remnant prairie tracts is of vital importance to the City of
S1. Cloud. In Minnesota, less than 1 % of the original prairie remains.
Undisturbed prairie is one of the rarest ecological community types.
Hundreds of grass and wildflower species comprise a native prairie, The
least disturbed prairies contain the most diverse plant and animal species,
Small unique remnant native prairies occur in and near the City of S1. .
Cloud. Many of these are rare and fragile.
Prairies of all types are so rare that attempts to preseNe them are recommended
for all sites, Areas of concern may be small prairie remnants on already partially
developed sites. All of the above should be managed as prairie and preseNed
and enhanced if possible,
(2) Forests and Woodlands
For the purpose of this Ordinance, forest and woodland communities
include oak forest, lowland hardwood forest, floodplain forest, aspen
woodland, aspen forest, oak woodland, oak savannah and tamarack
swamp.
The protection of forests and woodlands is important to the City of St.
Cloud. These vegetative communities often occur on steep slopes,
unstable soils and poor soils where they stabilize the soil and prevent
erosion, control runoff and promote the percolation of rainwater, In
uplands and in lowlands, forests and woodlands aid in the control of
flooding, prevent sedimentation in and cool streams for fish reproduction,
decrease temperature and provide shade from solar radiation, provide
wind protection, improve air quality and provide habitat and food sources
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for numerous forest, woodland and savannah plant and animal species.
Large unfragmented tracts of forests and woodland are especially
important for interior forest species and for wildlife corridors.
(3) Sensitive Geological and Hydrogeological Features
Included in this category are rock outcrops, steep slopes, unstable and
sensitive soils, high groundwater table, etc.
Sensitive Geological Areas - Sensitive geological areas consist of
materials or structures that are easily modified by human activity, where
such modification may result in 1) a loss of scientific or historic
significance or value, or 2) an increase in environmental or geologic
hazards. Examples would include removal of covering material from
granite bedrock permitting easier contamination of ground water or use of
private sewage systems in areas where thin sediment lies above granite
bedrock.
Sensitive Hydrological Areas - Sensitive hydrological areas include areas
where changes in land use which result in changes in the ratio of
infiltration to runoff can easily increase the amount or frequency of
flooding. Such flood intensification may occur near or at the site of the
. landscape alteration or may affect the larger streams in the region,
including the Sauk and Mississippi Rivers. Also included are areas where
ground water is easily contaminated or where changes in the water table
(the level of the top of the ground water) can cause side effects like
surface subsidence and damage to foundations or utilities.
Rock Outcrops - Rock outcrops in the inventory were rated solely on the
plant species invading their surfaces. As crucial for development and
planning purposes is their hydrogeological significance. Rock outcrops in
central Minnesota are visible "flags" that signal an underlying bedrock
system. In the 1990's, there was a growing awareness that fractures and
faults in the crystalline basement rocks have influenced erosion deposition
and fluid migration patterns in overlaying sediments and sedimentary
rocks. There are linkages between bedrock and overburden patterns.
These links are borne out by patterns in vegetation, human economic
development and human environmental impact. In addition, the geology
and topography influence current movement of surface and groundwater.
All these affect biotic communities. To help guide development and
stewardship, any property with outcrops should be carefully evaluated
hydrogeologically.
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(4) Rare Species Sites
Rare species sites include State and Federally listed endangered,
threatened and rare species and species of special concern. Each
species contains its own unique genetic pool which can prove beneficial to
us in a number of ways. Over the past two centuries, loss of habitat has
become the single most important factor threatening the survival of
species. Because oak savannahs, prairies and prairie wetlands have
suffered the greatest alteration of all Minnesota habitats, their indigenous
species are under the greatest threat. The future of Minnesota's
endangered species depends upon adequate habitat preservation,
(5) Riparian Corridors (River and Stream Corridors)
Riparian corridors - Riparian corridors are vegetated zones ( often
forested) along the edge of a river, river segment or stream, They include
floodplains, shorelands, and may include floodplain forest, lowland
hardwood forest, tamarack swamp, willow swamp, cattail marsh, mixed
emergent marsh, oak woodland and wet prairie, These zones act as
buffers that provide and help sustain resource values for the river or
stream, These values can be fit into one of four functional categories:
- water quality .
- wildlife
- aesthetics and recreation
- flood control
How wide a riparian corridor should be will depend on the functional value
one is interested in conserving. As a general rule, the wider the buffer, the
better. However, this is often not practical due to social, economic and
political factors.
(6) Wetlands
For the purpose of this Ordinance, included in this category are: cattail
marsh, willow swamp, wet meadow, wet prairie, mixed emergent marsh,
tamarack swamp, floodplain forest and lowland hardwood forest.
Wetlands are essential habitat for many fish and wildlife species, They
serve as storage areas for excess water during flooding. Wetlands act as
a filter for sediments and nutrients as water travels through them before
reaching lakes, rivers and streams, Wetlands also function as ground
water recharge areas. They are often used for public recreation, and
some types have commercial value.
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Wetland means land transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water (as defined by the Wetland
Conservation Act Rules Chapter 8420; 8420.0110 subpart 52).
Wetland Type means a wetland type classified according to
Wetlands of the United States, United States Fish and Wildlife
Service Circular 39 as summarized in 8420.0110 subpart 54.
Since wetlands within Minnesota are protected by the Wetland
Conservation Act (WCA), and Section 404 of the Clean Water Act,
development within those areas would have to follow WCA Rules
8420 as well as working within the confines of this Ordinance,
(7) Wildlife Corridors
This category includes riparian corridors, flightways, migration
routes, nursery and nesting habitats, roosting sites, other wildlife
habitat. Functions of such corridors include: 1) places where plants
and animals can live and reproduce; 2) places where animals can
move from one place to another in relative safety to find food,
. water, or mates, either on a daily or seasonal basis.
Corridors for animals and plants are important for the following
reasons:
1) To avoid excessive inbreeding, small populations of a species in
one habitat island need to have some contact with a population
of the same species in another habitat island.
2) Species loss from a habitat island is less likely when that island
is connected to a similar habitat island, i.e. maintaining corridors
between areas of similar habitat helps sustain species diversity.
.
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APPENDIX B - BEST MANAGEMENT PRACTICES
NATIVE PRAIRIES:
- Prescribed burning at appropriate times. Rotational burning should occur at two
to ten year intervals, depending upon prairie type and condition, A healthier,
more diverse prairie and the protection of prairie animals results from burning
only a portion of a prairie each year. Fire promotes the growth of grasses and
reduces weeds and tree species. A year of no burn promotes flowers and
provides overwintering for butterfly and insect larvae and pupae, Burning in
spring, after cool season exotics have grown and before warm season native
prairie species have emerged, promotes the native species, Late summer and
fall burning, after dormancy of prairie species, is more effective in controlling
brush. Burning regimes should vary over time so that tracts are eventually
burned at varying times of the year and varying intensities.
In conjunction with burning, or if burning is not suitable, the following measures may
be options:
- Controlled (managed rotational) grazing at appropriate times. Overgrazing can
result in the loss of prairie species and diminish the quality of the prairie. Grazing
should begin mid to late June. Plants should not be grazed below six inches,
Rotational grazing allows for prairie flowers and seed production in non-grazed ·
areas.
- Mowing and removal of plant material at appropriate times (once a year),
Mowing for haying (once in a year, every two to several years) should follow the
end of nesting time for ground nesting birds (about July 15) and allow flower and
seed production of prairie species in late summer and fall. To discourage cool
season exotic species and encourage warm season native species, mowing can
occur two times a year: spring, after cool season species have emerged, but
before warm season native species; and fall after dormancy of native species,
- Removal of exotics (through cutting, spot treatments of herbicide, and stump cut
treatment with herbicide) to remove nuisance species such as Siberian Elm,
Buckthorn and Honeysuckle.
- Removal of trees. Non-natives, such as Siberian Elm, have been mentioned,
Sometimes native trees, such as box elder, green ash, and aspen need to be
removed also. This can be done by cutting, girdling and cut stump treatment as
appropriate to species.
- Physical disturbance of the soil should be avoided, including compaction due to
use by vehicles, heavy foot traffic, as well as plowing, cultivating, and scraping.
- Maintain solar radiation during the growing season.
29
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- Maintain natural hydrology (zero change in runoff), especially for wet prairies and
meadows.
- Enhancement by seeding or planting native species from local seed sources, if
appropriate.
- Recommended buffers.
High priority sites should have no development. Recommended buffers for all
prairie is 100 feet. Very little is known about the requirements of prairies and
prairie remnants to maintain viability and diversity of species.
The above was based on U.S. Department of Agriculture, Soil Conservation Service
Program Aids Numbers 1452, 1405, 1453 and 1410 (1988 and 1990), as well as
recommendations from Ellen Fuge, Natural Area Management Specialist from the MN-
DNR and Fred Bengtson, Assistant Area Wildlife Manager from the MN-DNR.
FORESTS AND WOODLANDS:
1. Forest or woodland tracts of 40 acres or more should be considered for forest
preserves (or reserves), particularly examples of high quality forest ecosystems or
. rare forest communities. If different forest communities exist within the city, such as
oak forest, maple basswood forest, tamarack swamp, floodplain forest, a good
example (the best?) of each community type should be preserved,
2. Oak savannah tracts of 10 acres or more should be considered for oak savannah
preserves. Oak savannah is a very rare natural community.
3. Wooded floodplains, wooded streams corridors, wooded slopes, and wooded
environmentally fragile areas should be considered for preservation.
4. Trees that provide buffers, such as those separating housing from busy roads or
commercial areas, and trees aesthetically important to the community should be
considered for preservation.
5. Particularly large or historic trees should be considered for preservation.
6. Within smaller tracts of wooded areas being developed, measures to minimize tree
loss and woodland degradation should be considered. Guidelines might include:
a, Placing roads and structures so that the development does not fragment the
forest or woodland or sever connections to adjacent wooded or environmentally
sensitive areas. Development along the periphery is preferred.
b. Clustering development near the edge of a woodland or in existing clearings is
another possibility to maximize the amount of woodland, including native
. 30
.
understory, that is preserved as development takes place, Innovative site
designs which accomplish this same goal should be encouraged,
c, Placing roads, driveways, the "footprint" of structures and construction activity,
etc., to minimize removal and death of the largest and most valuable trees. Both
size and species of trees need to be considered. Some native tree species are
more uncommon and/or more difficult to replace.
d. Requiring tree protection measures during construction. In general trees need to
be protected from compaction, taking away or piling of dirt, materials, etc" and
physical damage to bark or root systems. (See Appendix E, References,
regarding tree protection during construction.)
e, In order to prevent the spread of oak wilt, avoiding construction activities
involving oak trees during those months when oak wilt is most likely to spread
(April through July).
f. Retaining natural "duff' (decaying vegetative matter) under trees and groups of
trees, The duff layer cools soil temperature, provides mulch, nutrients and
moisture to keep trees healthy.
g, Maintaining natural understory, including native shrub and herb layers. Native
vegetation harbors more plant and animal species diversity and might allow for .
the natural regeneration of trees and related species and the sustainability of the
forest.
h. Control of exotic species, especially buckthorn, should be encouraged.
i. Tree replacement with the same or similar species should be considered in
cases where trees of significant size or number must be removed.
The above was based on information from the MN-DNR Forestry Division and Natural
Heritage and Non-Game Research Program, the City of Burnsville (MN) Woodland
Protection Ordinance and consultations with Dennis Ludivig, City of St. Cloud Forester,
Tim Edgeton, Sherburne County Forester, and Jeff Haws, MN-DNR Forester.
RARE SPECIES:
Best Management Practices will vary with species. See appropriate management and
protection guidelines from appropriate state and federal agencies including: MN-DNR
County Biological Survey data sheets and maps. Any development projects proposed
in the vicinity of a rare feature identified on the map should trigger an inquiry to MN-
DNR Natural Heritage Program,
31
.
.
RIPARIAN CORRIDORS:
Plans for avoiding fragmentation of corridors need to be made prior to major alteration
of the vegetation on the property or land to be developed.
The following recommended widths have been identified: (Source: A Citizen's Guide to
Conservinq Riparian Forests: by Susan C. Peterson and Kenneth D. Kimball.)
1) To protect water quality - 25' to 100'
Within this range is an appropriate buffer footage to prevent erosion and
sedimentation run-off, provide streambank stability, assimilate pollutants, and
shade the stream adequately as a mechanism to control water temperature and
light levels.
2) To provide an adequate buffer needed by plants and wildlife - 100' to 600'
This width is quite variable as it accommodates numerous wildlife species and
plant communities.
Examples: - Most of the streamside flora occur within 100 feet of the water
. interface zone.
- reptiles/amphibians - 100' to 200'
- small mammals - 0' to 200'
- larger mammals and raptors - 0' to 400'
To adapt to wildlife needs, the following is worth considering: a "string and
beads" type of pattern. The "beads" are wider areas which represent unique
habitat or a special location, such as a bald eagle nesting site. The "string" is an
attempt to prevent fragmentation of the travel corridors used by various species.
These must be maintained in order for the corridor to remain viable.
3) To meet local aesthetic objectives - 25' to 800'
The corridor width varies with the vegetation type, degree of understory and
whether the management objective is visual or noise control. For rivers with
outstanding recreational resource values, corridor buffer widths of 500 feet to
one-quarter mile are recommended.
4) Flood control
Riparian forests within floodplains deserve special recognition. Floodplain
regulations are useful for preserving riparian corridors from development. But to
protect the riparian forest within the floodplain, one must also develop the
rationale for water quality and wildlife protection.
32
.
5) Waters designated as DNR Protected Waters and designated as Trout Streams .
and their tributaries. (Source: DNR Division of Waters)
For all waters falling in this category, a minimum impact zone of 200 feet from the
ordinary high water level, as established by the DNR Division of Waters, is
recommended. Clearcutting is discouraged anywhere in this area. From 200
feet to 100 feet, selective cutting is the preferred harvest method.
ROCK OUTCROPS:
In order to steward the hydrological and geological functions provided here, an impact
zone of a least 100 feet (or a greater distance) from the outcrop is recommended, The
distance from the outcrop needs to provide a minimum of 10-12-15 feet of
unconsolidated material. On-site evaluation by the Environment and Development
Team can help identify the specifics for the outcrop in question.
The plant communities found on rock outcrop areas are often unique as they are
species specially adapted to survive under any of the following conditions: a) little soil
that may contain chemicals produced by the bedrock substrate; b) great fluctuations in
temperature; c) extreme droughts, In the St. Cloud Natural Areas Inventory conducted
by SEH, the three rock outcrop communities identified in Stearns County (sites 104,
116, 118) and the one in Sherburne County (site 119) appear to be unique compared to
rock outcrop communities in other areas of the state. To steward these special plant
communities, fire is a recommended management tool. Planned periodic burns help
prevent invasion by various tree species from the adjacent landscape. Two species to .
watch out for are eastern red cedar and red oak. Selective cutting of any invading tree
species is also an appropriate management tool.
The above was prepared in consultation with the Earth Sciences Department, St. Cloud
State University.
WETLAND PROTECTION STRATEGIES:
The following standards recommended for protecting wetlands were developed in
consultation with Stearns County Environmental Services Wetlands Specialists:
- Delineation by a qualified wetland delineator be completed for the site and should
include proper documentation as described in Army Corps of Engineers Public
Notice 96-01078-SDE, This delineation should be completed and its accuracy
verified by the county and Army Corps of Engineers prior to the final plat
approval.
- The wetland boundary should be surveyed and shown on the final plat. The
delineation report should be filed together with a Notice of Restriction so that
future buyers, through the abstract, are put on notice that their lot contains
jurisdictional wetlands.
33
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.
- Wetland boundaries and the implications of owning wetland areas should be
made clear to all individual homeowners. This could be accomplished through
subdivision agreements between the City of St. Cloud and the owner/developer.
- Within the wetland boundary, the following activities should be restricted:
Chemical applications (herbicides, pesticides, fertilizers).
- Within the wetland boundary, the following activities should be prohibited:
vegetative removal and cutting (except for exotic and invasive species), filling,
grading, drainage, deposition of soil, location of actual structures.
- The Wetland Conservation Act deminimus exemption should not be allowed for
individual lot owners upon approval of the development.
In order for the above standards to be met, the following methods may be used:
- Cluster development pattern; mix of housing types
- Dedication of easements to protect wetlands
. - Modifications of project design to ensure continued water supply to the wetland
and free flow of water
- Minimize soil compaction (compaction decreases infiltration and promotes run-
off)
- Using buffers in conjunction with other structural and non-structural best
management practices as pretreatment when handling storm water discharge
with high flow rates or high concentrations
. 34
.
- The MPCA's best management practices should be followed to avoid
erosion and sedimentation during the construction phase. Buffer zones
should be protected by silt fencing during construction, and the fence
should remain in place until the vegetation is established. During the first
two years, the owner/developer should replant any buffer vegetation that
does not survive,
- Creation or restoration of an area wetland
- Development of a plan to guide actions involving the creation of a new
wetland or the restoration of damaged or degraded wetlands
Factors to consider when determining the width of the vegetative buffer zone
adjacent to the protected wetland boundary:
- Slope: as slope increases, width of the buffer increases.
- The use of a meandering buffer strip to maintain a natural appearance is
encouraged but not required in areas of flat topography,
- Depth to groundwater: as depth increases, buffer width can be reduced.
- Soil type: as percolation rate increases, width of buffer can be reduced, .
Type of vegetative cover, Le, its ability to hold soil and slow run-off
-
- Buffer width should not fall below 20 feet.
.
35
.
APPENDIX C - TOOLS FOR PROTECTION (Source: Natural Areas: Protectinq
a Vital Community Asset, A Sourcebook for Minnesota Local Governments and
Citizens, Laurie AI/mann, Minnesota Department of Natural Resources, 1997.
TOOL APPLICABILITY FOR LOCAL RESOURCES AND
GOVERNMENTS REFERENCES
Perpetual Conservation Easement -To provide a greater degree of -The Minnesota Land Trust (ML T)
A legally binding agreement between protection for high quality natural is a private, nonprofit organization
a landowner and a qualifying features found within existing parks that specializes in establishing
government agency or nonprofit and on other public lands. conservation easements with
organization, in which the landowner -To establish development buffers willing public and private
voluntarily agrees to specified terms on and around the perimeter of landowners. Contact ML T at
that permanently limit the use and environmentally sensitive sites. (612) 522-3743.
development of a given property for -To promote volunteer landowner -Easements were used in
the purpose of protecting conservation measures while conjunction with protection of a
agricultural, open space, cultural, or keeping land in private ownership city-owned natural area known at
environmental values. The and on the tax rolls. "Coon Hill" in Red Wing, MN,
easement may be sold by the -To ensure permanent protection of Contact Brian Peterson,
landowner, or donated (in which required open space in subdivisions Community Development Director
case there may be significant income and other developments. at (612) 385-3617,
tax benefits). An easement runs with -The DNR Local Grants Program
. the land's title and is binding on all (described under Outright
future owners. Purchase) also funds perpetual
easements,
Locally-Enacted Preservation -Preservation Overlay Zones are -Lake Elmo, MN has established
Overlay Zone appropriate for communities that an open space/agricultural
Often referred to by different names, retain quality natural features such preservation and development
a Preservation Overlay Zone is a as undeveloped watersheds, forest overlay district that includes
geographic area demarcated within a or other native plant communities, environmental analysis among its
city, township, or county, the or geographic features, such as parameters. For more
boundaries of which are based on bluffs, that occur over areas of information, contact Ann Terwedo,
concentrations of highly valued divided ownership. City Planner at (612) 777-5510.
natural features as identified through - The process of identifying and -"Conservation Corridors" have
a planning process involving ranking natural features to been incorporated into numerous
extensive background studies. A determine reasonable boundaries county and city planning efforts in
combination of conservation tools for the zone will require the services Wisconsin. For more information,
may be utilized to protect natural of professional ecologists as part of contact Jay Tappen, Senior
features within the zone, including the planning process. Ecologists Planner, West Central WI
(but not limited to) acquisition of land should also be consulted as to the Regional Plann ing Commission at
by a public agency, restrictions on determination of appropriate (715) 836-2918.
utilities and transportation controls to effectively minimize
development, encouragement of threats to the integrity of natural
"best management practices" in use features within the zone.
of chemicals/pesticides, reduce
housing densities, and other land
use controls. Compliance may be
voluntary or mandatory.
.
36
.
Transfer of Development Rights -To work effectively, TOR programs -Although now used in Maryland
(TDR) require: (1) a high demand for and a number of other states,
In the TOR program, two zones are housing or other development in the Minnesota state statues, as
established in a given geographic receiving zone, (2) capability of the generally interpreted, do not allow
area, a "sending" (preservation) administering government unit to set for TOR programs - a situation
zone and a "receiving" zone. up and oversee the program on an that may be shortly remedied,
Landowners with property in the ongoing basis, (3) residents in For an update on the status and
sending zone may sell their (unused) receiving zone amenable to higher availability of TOR programs in
development rights on the open density, Minnesota, contact The Land
market to land developers and -Appropriate for large-scale efforts Stewardship Project at
brokers, who then use the where keeping land in private (612) 653-0618,
purchased rights to increase their ownership is considered desirable.
allowable building density in the
receiving zone,
Purchase of Development Rights -POR programs require: (1) the -The Land Stewardship Project
(PDR) capability of the administering (LSP) is spearheading a
A POR program typically involves government unit to set up and, conservation project in the east
the purchase of development rights oversee the program on an ongoing Metro area and is involved in the
by a local government unit or basis, (2) a funding mechanism to use and development of tools
nonprofit organization in order to finance the acquisition of including POR. For more
accomplish protection of natural development rights. A POR program information, contact LSP at (612)
features, open space, or agricultural mayor may not be set up to require 653-0618, .
values, POR programs are willing participation of the seller.
generally applied as part of a formal Willing participation of the seller is
program with specific criteria used to considered preferable, in that it
select acquisitions. A POR program makes the program more effective.
may be viewed as a systematic use -Appropriate for large-scale efforts
of conservation easements. where keeping land in private
ownership is considered
Registry Programs -Local governments may either start - The MN Chapter of The Nature
Registry programs are a way to their own registry program (if they Conservancy administers a
acknowledge and encourage the have qualified natural resource staff) registry program, Contact Lisa
voluntary protection of natural or may instead educate citizens Mueller, Land Protection
features by private citizens. about the availability of registry Specialist at (612) 331-0733,
Landowners make a non-binding programs offered by other -"Friends of the Minnesota Valley"
agreement to protect their land by government agencies or private, administers a Heritage Registry
enrolling in a registry. In turn, they nonprofit conservation organizations. for landowners in the Lower
are provided with information and Minnesota River Valley,
technical assistance regarding
appropriate conservation practices
for their particular site,
37 .
.
Special Designation -Special designation may increase -If a natural area has historic or
High quality natural areas may legal protection and potential for cultural significance, call the State
qualify for special designation under financial support for acquisition and Historic Preservation Office at
a state or federal program, such as management of selected sites. (612) 296-5434.
the National Register of Historic -With sites appropriate for special -To find out whether a natural
Places or the state Scientific Natural designation, an outside agency may area might qualify for designation
Areas Program, administered by the be interested in acquiring the as a state Scientific and Natural
Department of Natural Resources. property and managing it for Area, call (612) 297-2357,
Special designation generally protection of its natural features.
requires public access to land. This allows the local community to
benefit from protection of a site
without being obligated for the cost
of acquisition or management.
-Appropriate options only for natural
areas with features of state/national
significance.
Outright Purchase -Outright purchase by a unit of -Washington County, MN used a
Also known as "fee simple government requires: (1) the lease-purchase arrangement to
acquisition," the outright purchase of determination that the land serves a finance an acquisition of park land
land gives a local government unit public purpose. Natural areas can in the St. Croix Valley, For more
. full control over all rights to a be said to serve public purposes information, contact Dave
property. Local governments may (e.g. flood control, enhancement of Engstrom, County Commissioner
choose to exercise the power of air and water quality) even when at (612) 430-6215.
eminent domain or to operate under public access to a site is not -The Minnesota Department of
a "willing seller" policy for acquisition feasible, desirable, or practical, (2) Natural Resources administers a
of natural areas. provision of necessary funding to matching grant program to assist
finance the purchase. Acquisition local governments with
may be financed through general acquisition of natural and scenic
revenue funds, bond referenda, areas. For more information
lend-lease programs, special about the Natural and Scenic
taxation, government grants, trust Area Grant Program, contact Tom
funds, and matching programs. Kranz, Local Grants Program at
Cost of acquisition may be reduced (612) 297-3168.
by use of "bargain sale," in which the -The Trust for Public Land (TPL)
seller agrees to sell at below market is a nonprofit land conservation
value (the difference is recognized organization that applies its
by the IRS as a charitable expertise in negotiation, public
contribution for the seller's income finance, and law to help local
tax purposes), (3) financial and governments acquire public open
staffing resources to provide for site space. For more information,
management and maintenance. contact TPL at (612) 338-8494,
-
-
38
.
APPENDIX D - QUALIFICATIONS OF SCIENTIFIC MEMBERS
To serve as a scientific member for the Environment and Development Team,
one or more of the following qualifications must be satisfied:
- Professional degree in one of these areas: Hydrology, geology, botany,
wildlife biology, ecology, or natural history
- Documented training in the area of natural resources with demonstrated
field experience
- Knowledgeable and trained in applying methodologies associated with
stewarding natural communities
.
~
39 -
.
APPENDIX E - REFERENCES
Allmann, Laurie. Land Protection Options: A Handbook for Minnesota Landowners.
The Nature Conservancy, Minneapolis, MN, 1996.
Allmann, Laurie. Natural Areas: Protectina a Vital Community Asset: A Sourcebook for
Minnesota Local Governments and Citizens. Natural Heritage and Nongame
Research Program, Minnesota Department of Natural Resources, St. Paul, 1997.
Bates, Robert and J. Jackson. Glossary of Geoloav, 3rd Edition. American Geological
Institute, 1987.
Bolin, Eric G. and William L. Robinson. Wildlife Ecoloav and Manaaement. Prentice
Hall, Englewood Cliffs, New Jersey 07632, pp, 461-462, 1995.
Coffin, Barbara and Lee Pfannmuller (eds.). Minnesota's Endanaered Flora and Fauna.
Minnesota Department of Natural Resources, University of Minnesota Press,
Minneapolis, 1988.
Fargo, J.R., ed. "How to Save Trees During Construction." Tree City USA Bulletin #7,
The National Arbor Day Foundation, Nebraska City, Nebraska, 1989.
. Green, Janet C. Birds and Forests: A Manaaement and Conservation Guide.
Minnesota Department of Natural Resources, 1995.
Miller, Nancy L" David M. Rathke and Gary R. Johnson. "Protecting Trees from
Construction Damage: A Homeowner's Guide." Minnesota Extension Service,
University of Minnesota, St. Paul, Minnesota, 1993.
Minnesota Department of Natural Resources, Natural Heritage Program, Minnesota's
Native Veaetation: A Kev to Natural Communities, 1991, 1993.
Peterson, Susan C. and Kenneth D. Kimball. A Citizen's Guide to Conservina Riparian
Forests: Identifvina and Protectina the Value of Riverside Forests in the
Northeastern United States. River Network, Box 8787, Portland, Oregon 97207-
8787,1995,
Short Elliott Hendrickson, Inc. St. Cloud Natural Areas Inventorv and Plannina
Framework, 1996.
Weicherding, Patrick J. "Protecting Shade Trees from Construction Damage."
Minnesota Tree Line No. 21-1978. Agricultural Extension Service, University of
Minnesota, 1978.
. 40
.
Wovcha, Daniel, Barbara C, Delaney and Gerda E, Nordquist. Minnesota's St.
Croix River Vallev and Anoka Sandplain: A Guide to Native Habitats.
Minnesota Department of Natural Resources, University of Minnesota Press,
Minneapolis. 1995.
.
41 .
.
APPENDIX F - RESOURCES
-The St. Cloud Natural Areas Inventory, completed by Short, Elliott and
Hendrickson, Inc. (SEH) in March 1996.
-Map developed from the St. Cloud Natural Areas Inventory Report, showing the
location of high, medium and low priority natural areas and rare species sites
(1996),
-The U,S. Fish and Wildlife Service's National Wetlands Inventory (1982).
-Minnesota County Biological Survey (Department of Natural Resources)
information for Sherburne County (1989-1990), and Benton and Stearns
Counties (1995-1997). Data available through the Natural Heritage Information
System, Natural Heritage and Nongame Research Program, Minnesota DNR,
St. Paul.
- The Minnesota Geological Survey Geologic Atlas (1995).
- The Report on the Geology of the Neighborhood around Quarry Park (1994).
. -The USDA Soil Survey,
-A Citizen's Guide to Conserving Riparian Forests.
-Floodplains, Shoreland, and Scenic River Ordinances.
-Aerial photos of the St. Cloud area.
-SCSU Earth Science Dept. work on Sensitive Geological and Hydrological
Areas.
-USGS topographic maps.
-Field notes of scientists who conducted the St. Cloud Natural Areas Inventory
and Planning Framework.
-
- 42
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