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HomeMy WebLinkAboutMOUMEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH (JOINT POWERS AGREEMENT) Whereas, Stearns County Land Use and Zoning Ordinance, Number 439 was effective June 22, 2010; 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 12 in the OA Area; and Whereas, 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Memorandum of Understanding by the City and the Town, the March 19, 2015 Memorandum of Understanding shall hereby be rescinded and superseded by this Memorandum of Understanding.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, by the City and the Township to cooperate in administering their land use controls as set forth herein. In considering land use applications, the following additional provisions will apply: 1 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 21, as the same may be amended from time to time. 2. No property within the OA Area shall be rezoned prior to annexation without the approval of both the City and the Township. 3. Uses in addition to those allowed under Paragraph 1 above Additional uses that may be allowed in the OA Area by Conditional Use Permit or Interim Use Permit. Additional uses permitted under this Paragraph 3 shall be those identified in Attachment 3, which are identical to the uses allowed in the City of St. Joseph Code of Ordinances for the corresponding Planning District Number in the City of St. Joseph Comprehensive Plan, as may be amended. 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 2 ATTACHMENT 1 SECTION 9.15 STEARNS COUNTY LAND USE AND ZONING ORDINANCE 3 ATTACHMENT 21 A. LAND USE AND ZONING ORDINANCE PROVISIONS 1. Residential accessory buildings shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. 2. No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 3. Any manufactured home to be used as a residential dwelling unit and located within the Urban Expansion Zone shall be no less than 24 feet in width and shall bear the Seal of Compliance issued by the State of Minnesota. Residential dwelling units shall be no less than 24 feet in width. 4. The transfer of residential development rights within the Township is prohibited in the OA area. 5. The transfer of residential development rights from another Township into St. Joseph Township is prohibited in the OA area. 6. The transfer of residential development rights from St. Joseph Township into another Township is prohibited in the OA area. 7. The following uses (as such are defined in the Stearns County Land Use and Zoning Ordinance) shall require a conditional use permit in the OA Area: a. Antennas – TV/Radio Receiving, Short Wave/Private Transmitting b. Essential Services, Transmission Services and Utility Substations c. Animal Feedlot expansions d. Bed and Breakfast Inns e. Government administrative and service buildings f. Home extended businesses g. Home occupations h. Outdoor recreational facilities i. Accessory agricultural buildings that are accessory to an Agricultural Operation j. Kennels – private k. Solar systems l. Contractor yards, provided they are setback a minimum 650 feet from the center of the road and meets the performance standards required by the Stearns County Land Use and Zoning Ordinance. m. Structures related to public airports n. Any other uses determined by the Joint Planning Board to be similar in nature and impact to the permitted or conditional uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan. 4 8. The following uses as such are defined in the Stearns County Land Use and Zoning Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require an interim use permit in the OA Area: a. Temporary uses/Special Events b. All uses under Section 9.15.7 of the Stearns County Land Use and Zoning Ordinance c. Any other uses determined by the Joint Planning Board to be similar in nature and impact to the conditional or interim uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan B. ADMINISTRATIVE ROLES AND RESPONSIBILITIES 1. 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 application packets with recommendations to the Joint Planning Board for Cconsideration no later than 10 daysthe Thursday prior to the meeting of the Joint Planning Board. The City shall provide copies of applications information to the Township’s designated land use official for review and commentcontemporaneous with receipt from the applicant. The Township land use official shall certify completeness of the application and provide comments/recommendations 10 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. 2. The Township will provide building, fire, stormwater and electrical code inspection services in the OA Area. 3. 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. 4. The Joint Planning Board will serve as the Board of Adjustment in the OA area and shall hold the public hearings on all applications for conditional use/interim use permits, variances, rezonings, text amendments to this Attachment 21, 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 5 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. 5. 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. 6. The CityThe Township will issue site construction permits. The CityStearns County will review any preliminary plat application with the Stearns County Platting Committee, as necessary, prior to consideration by the Joint Planning Board. The City will provide notice of any meeting with the County to the Township. 7. 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. 8. The Township shall issue all building/stormwater permits, and conduct building/stormwater inspections for each permit issued. The Township will provide the City withll copies of permits and inspection reports for any permit issued therefore on a monthly basis. 9. Any inconsistencies within the OA area will be brought to the attention of the Joint Planning Board for resolution. 10. Any ordinance revisions affecting the OA area shall be reviewed by the Joint Planning Board prior to adoption. 101. The Joint Planning Board shall regularly review the City of St. Joseph Comprehensive Plan. 112. 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. 123. 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 and the Town. 6 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. 7