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HomeMy WebLinkAbout[02] Twp Requested DocumentMEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH (JOINT POWERS AGREEMENT)RESOLUTION RE ORDERLY ANNEXATION AREA LAND USE REGULATIONS Whereas, Stearns County Land Use and Zoning Ordinance, Number 439 was effective June 22, 2010; Whereas, Section 1.4 of Stearns County Land Use and Zoning Ordinance Number 439 states that this Ordinance shall apply to all areas in Stearns County, Minnesota, “except as otherwise provided by law”; Whereas, Section 9.15 of Stearns County Land Use and Zoning Ordinance Number 439 (Attachment 1 hereto) addresses land use controls applicable in areas subject to orderly annexation areas; Whereas, the final plat requirements of Section 5.4 of Stearns County Subdivision Ordinance Number 230, or successor ordinance, shall apply within the Town of St. Joseph orderly annexation areas; Whereas, Minnesota Statutes, Section 414.0325, subd. 5 provides that a joint resolution may provide for the establishment of a board to exercise planning and land use control authority within any area designated an orderly annexation area; Whereas, the City of St. Joseph (“City”) and the Town of St. Joseph (“Town”) have signed such a joint resolution designating a portion of the Town of St. Joseph as an orderly annexation area (“OA Area”), and in addition, have created the Township of St. Joseph-City of St. Joseph Joint Planning Board (“Joint Planning Board”), which has exclusive authority over land use and zoning issues within the OA Area; Whereas, the Town and the City desire to enter into this Memorandum of Understanding as a joint powers agreement under Minnesota Statute Section 471.59 to ensure mutual understanding of each party to this Memorandum of their respective duties and responsibilities related to land use issues; Whereas, all applicable Stearns County Regulations apply to the OA Area unless otherwise specified through the Orderly Annexation Agreement or Memorandum of Understanding; Whereas, the Joint Planning board is an eight-member board, consisting of four members from St. Joseph Township and four members from the City of St. Joseph and has final authority on all zoning matters described in Attachment 2 in the OA Area; and Whereas, the Township of St. Joseph (“Township”) and the City of St. Joseph (“City”) (collectively the “Parties”) entered into an Orderly Annexation Agreement in 2006, which agreement was amended by the parties in 2010 and 2015 (the “OAA”); Whereas, the OAA provided for the establishment of a Joint Planning Board to serve as the “governing body” and “board of appeals and adjustments” within the orderly annexation area; Whereas the OAA established the zoning to be applied by the Joint Planning Board in a Memorandum of Understanding between the Parties; Whereas the Parties desire that the Joint Planning Board shall enact Land Use Regulations as set forth in Exhibit A hereto; and Whereas, the Parties desire that the terms of this Joint Resolution shall replace the Memorandum of Understanding.upon adoption of this Memorandum of Understanding by the City and the Town, the March 19, 2015 Memorandum of Understanding shall hereby be rescinded and superseded by this Memorandum of Understanding. NOW, THEREFORE IT IS AGREED, BE IT RESOLVED, by the City and the Township as followsto cooperate in administering their land use controls as set forth herein. In considering land use applications, the following additional provisions will apply: 1. The land use controls for the OA Area shall be the Stearns County Urban Expansion District (Section 9.15 of the Stearns County Land Use and Zoning Ordinance No. 439) (Attachment 1), as the same may be amended from time to time, except as limited, amended or enlarged upon in Attachment 2, as the same may be amended from time to time.The City and Township establish this resolution as their joint powers agreement under Minnesota Statutes Section 462.371 and Section 417.59 to conduct regional planning under the Municipal Planning Act in accordance with the terms of the OAA. 2. No property within the OA Area shall be rezoned prior to annexation without the approval of both the City and the Township. 3. Additional uses that may be allowed in the OA Area by Conditional Use Permit or Interim Use Permit shall be those identified in Attachment 3, which are identical to the uses allowed in the City of St. Joseph Code of Ordinances. Approved the ___ day of _______________, 2017, by the Town Board of the Town of St. Joseph. __________________________________ Chair __________________________________ Anna Reischl, Clerk Approved the ___ day of _______________, 2017, by the City Council of the City of St. Joseph. __________________________________ Rick Schultz, Mayor __________________________________ Judy Weyrens, Administrator ATTACHMENT 1 SECTION 9.15 STEARNS COUNTY LAND USE AND ZONING ORDINANCE ATTACHMENT 2 A.LAND USE AND ZONING ORDINANCE PROVISIONS Insert here B.ADMINISTRATIVE ROLES AND RESPONSIBILITIES 21. The Joint Planning board is an eight-member board, consisting of four members from St. Joseph Township and four members from the City of St. Joseph and has final authority on all land use matters in the orderly annexation area. 3. The City shall review all applicable Ordinances in the OA Area determining appropriate levels of approval necessary for the applicant to proceed. They will review the applications for compliance and determine whether there is sufficient information for them to proceed. The City will administer the applications in the OA Area for items involving platting, rezoning, variance/administrative appeals, administrative subdivisions, interim use and conditional use permits. The City will review applications for compliance, collect application fees, develop the required legal notices, and will provide recommendations to the Joint Planning Board for Consideration no later than 10 days prior to the meeting of the Joint Planning Board. The City will act as the Zoning Administrator, reviewing and overseeing all relevant zoning related matters in the orderly annexation area. The City will review applications for sufficiency, determine the level of approval necessary for the application, collect application fees, and will provide recommendations to the Joint Planning Board for its consideration. The City shall provide copies of applications to the Township’s designated land use official for review and comment as they are received, but in no event, later than 20 days prior to the meeting of the Joint Planning Board. The City will set the public hearing for the Joint Planning Board by sending out property owner notifications on joint City/Township letterhead. The City will send the notification to the designated legal publication site. The Township and the City will post the public hearing in their respective jurisdictions. The City will administer and enforce all provisions of the Land Use Regulations. 4. The land use controls for the orderly annexation area shall be the Land Use Regulations attached hereto as Exhibit A, which may be amended from time to time. The parties shall each adopt the Land Use Regulations by ordinance. The procedural provisions of the City of St. Joseph Zoning Code shall be applied unless otherwise provided in the Land Use Regulations. 52. The Township will provide building, fire, and electrical code inspection services in the orderly annexation areaOA Area. 6. Except as otherwise specified in the Land Use Regulations, Stearns County regulations shall apply to the orderly annexation area. 7. No property within the orderly annexation area shall be rezoned prior to annexation without the approval of both the City and the Township. 83. The Township and the City will schedule bi-monthly meetings to be held on an as needed basis for the Joint Planning Board. The Town Board and the City Council shall establish fees for regular and special meetings for the Joint Planning Board. The Joint Planning Board shall be scheduled to meet bi- monthly on an as needed basis. The Township and the City shall establish fees for regular and special meetings of the Joint Planning Board. 94. The Joint Planning Board will serve as the bBoard of Adjustment in the OA area and shall hold the public hearings on all applications for conditional use/interim use permits, variances, rezonings, text amendments to this Attachment 2the Land Use Regulations, administrative subdivisions and administrative appeals. Except for rezonings and text amendments, the Joint Planning Board will have final authority on all matters listed above except that any aggrieved person or persons shall have the right to appeal within thirty (30) days, after receipt of notice of the decision, to the Stearns County District Court. The Joint Planning Board shall serve as an advisory board and shall make recommendations on rezonings and text amendments which shall be submitted to the Township and the City for final decision. Rezonings and text amendments shall require the approval of both the Township and the City at a joint meeting. 105. The City will staff the Joint Planning Board meetings. The City will prepare agendas, take the minutes of the meetings, and handle the appropriate paper work associated with the meeting including notifying and recording the necessary permits associated with the action of the Joint Planning Board. 116. Stearns CountyThe City will issue site construction permits. Stearns CountyThe City will review any preliminary plat application with the Stearns County Platting Committee, as necessary, prior to consideration by the Joint Planning Board. The Committee City will provide notice of the any meeting with the County to the City and Township. 127. The City will issue preliminary enforcement letters to anyone not in compliance with the provisions set forth in zoning regulations or any other additional restrictions established by the Joint Planning Board. Further enforcement actions will be brought before the Joint Planning Board. Any relevant information will be forwarded to the Township and the City. 138. The Township shall issue all building permits, and conduct building inspections for each permit issued. The Township will provide the City will copies of permits and inspection reports for any permit issued therefore on a monthly basis. 149. Any inconsistencies within the OA area will be brought to the attention of the Joint Planning Board for resolution. 1510. Any ordinance revisions affecting the OA area shall be reviewed by the Joint Planning Board prior to adoption. 1611. The Joint Planning Board shall regularly review the City of St. Joseph Comprehensive Plan. 1712. This Memorandum of Understanding may be terminated by mutual agreement, however, if the parties are unable to mutually agree, then any party can unilaterally without cause terminate the Memorandum of Understanding on ninety (90) days written notice. 1813. The parties shall obtain liability coverage for the activities to be conducted by the Joint Planning Board. The cost of such coverage shall be split equally by the City, the county and the Town. 19. Upon adoption of this Resolution, the Memorandum of Understanding shall hereby be rescinded and superseded by this Resolution. Approved the ___ day of _______________, 2017, by the Town Board of the Town of St. Joseph. __________________________________ Chair __________________________________ Anna Reischl, Clerk Approved the ___ day of _______________, 2017, by the City Council of the City of St. Joseph. __________________________________ Rick Schultz, Mayor __________________________________ Judy Weyrens, Administrator ATTACHMENT 3 The purpose of this attachment is to identify future land uses for the property in the OA Area. The areas have been identified with a Planning District Number which corresponds to the City of St. Joseph Comprehensive Plan. The Uses allowed in the district are the same uses identified in the City of St. Joseph Code of Ordinance. When reviewing a land use application in the OA Area, the documents listed above should be reviewed to assure that permitted uses have not changed. This attachment is an illustration of uses at the time of execution of this agreement and are subject to change as the documents are amended.