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Home My WebLink About[07b] Annexation Council Agenda Item 7b MEETING DATE: July 2, 2018 AGENDA ITEM: Annexation SUBMITTED BY: City Attorney/Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council/Sub Committee have been working with St. Joseph Township on an annexation plan for the Orderly Annexation Area. BACKGROUND INFORMATION: The City Attorney has been working with the Township Attorney on the documents for the annexation over the past months. During a sub committee meeting the Township had agreed to a July deadline for completing the necessary agreements and documents. The City has completed preparing the documents and do not have final approval from the Township at this time. BUDGET/FISCAL IMPACT: ATTACHMENTS: Letter from City Attorney to Township Attorney Resolution 2018-033 Draft Ordinance Amendments/Creation Map Illustrating Annexation Area Information from the April Council Meeting REQUESTED COUNCIL ACTION: Provide direction and consider authorizing execution of Resolution 2018-033: Joint Resolution for Designation of an Area for Orderly Annexation and for Designation of an Area for Immediate Annexation Pursuant to Minnesota Statutes § 414.0325. . CITY OF ST. JOSEPH 75 Callaway St E PO BOX 585 St. Joseph MN 56374 St. Joseph MN 56374 320-363-7201 320-363-8825 jweyrens@cityofstjoseph.com ST. JOSEPH TOWNSHIP RESOLUTION 2018-____ CITY OF ST. JOSEPH RESOLUTION 2018-033 JOINT RESOLUTION FOR DESIGNATION OF AN AREA FOR ORDERLY ANNEXATON AND FOR DESIGNATION OF AN AREA FOR IMMEDIATE ANNEXATION PURSUANT TO MINNESOTA STATUTES § 414.0325 WHEREAS, in 2010, St. Joseph Township (“Town”) and the City of St. Joseph (“City”) adopted a Joint Resolution for Orderly Annexation in 2010 and amended in 2015 (“Prior Agreement”) which revoked prior orderly annexation agreements between the parties; WHEREAS, the parties desire to revoke the Prior Agreement and proceed with annexation as provided hereunder; WHEREAS, the Board of Supervisors of St. Joseph Township passed this resolution on ______________, 2018; WHEREAS, the City Council of the City of St. Joseph (hereinafter referred to as the “City”), passed this resolution on _____________________, 2018; and WHEREAS, the Town and the City agree to designate and request the immediate annexation of certain land located within St. Joseph Township to the City legally described in the attached Exhibit A and graphically depicted on attached Exhibit B (hereinafter the “Immediate Annexation Property”); and WHEREAS, the City and the Town are in agreement as to approving the designation for orderly annexation to the City of St. Joseph certain land legally described in the attached Exhibit C and graphically depicted on attached Exhibit D (hereinafter the “Orderly Annexation Area” or “OAA”) in accordance with the terms set forth herein; and WHEREAS, Minnesota Statutes § 414.0325 provides a procedure whereby the City of St. Joseph and St. Joseph Township may agree on a process of orderly annexation of a designated area; and WHEREAS, the City of St. Joseph and St. Joseph Township have agreed to all the terms and conditions for the annexation of the Property and the signatories hereto agree that no alteration of the designated area is appropriate and no consideration by the Chief Administrative Law Judge is necessary. The Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the annexation in accordance with the terms of the resolution. NOW, THEREFORE, BE IT RESOLVED, jointly by the City Council of the City of St. Joseph and the Township Board of St. Joseph Township as follows: 1 Section I. Immediate Annexation Property. 1. Immediate Annexation Property. The following described land is subject to orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties hereto designate the area for orderly annexation; and agree that the land be immediately annexed: See Exhibit A attached hereto and incorporated herein. A boundary map showing the Orderly Annexation Property described in Exhibit A is attached hereto as Exhibit B and incorporated herein. The Immediate Annexation Property abuts City limits as shown on Exhibit B and is about to become urban in nature. 2. Acreage/Population/Zoning. The Immediate Annexation Property consists of approximately _______acres, the population in the area is ____. Upon annexation, the Property shall be zoned as follows: Commercial: See Exhibit C Industrial: See Exhibit D Rural Residential: all remaining parcels 3. Jurisdiction. The Town and the City, by submission of this joint resolution to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish annexation of the Immediate Annexation Property in accordance with the terms of this resolution. 4. Municipal Reimbursement. The City and the Town agree pursuant to Minnesota Statutes § 414.036, reimbursement from the City to the Town shall occur for the taxes collected on land annexed into the City, according to the following schedules and thereafter all tax revenues will be the property of the City. All percentages are to be multiplied by the amount of property taxes collected by the Township from such annexed property in the year in which the property is annexed: a. Property Taxes. Commercial/Industrial Property: 2019: 100% to Township 2020: 90% to Township 2021: 50% to Township 2022: 40% to Township 2023: 30% to Township 2024: 20% to Township Rural Residential Property: 2019 60% 2020 50% 2021 40% 2 2022 30% 2023 20% All such payments shall be made to the Township within 30 days of receipt of the final annual tax settlement payment to the City. b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with respect to any special assessment assigned by the Town to property annexed under this Agreement, and any portion of debt incurred by the Town prior to the annexation and attributable to the property annexed under this Agreement, the City shall forward to the Township any such assessment or debt revenue paid to the City by the property owner or by the County Auditor. All such payments shall be made to the Township within 30 days of receipt of the final annual tax settlement payment to the City. 5. Rural Urban Taxing District. Within 30 days of the effective date of this Agreement, the City shall establish a rural urban taxing district pursuant to Minn. Stat. 272.67 and shall include all Rural Residential properties (initially defined as non-commercial and non- industrial zoned properties) annexed to the City under Section I, paragraph 1 above, within the rural service district. The City shall establish a rural service district tax rate that is initially set at the 2018 Town tax rate, but which will be subject to increases proportionate to the increase in the City’s overall tax rate, with the City’s 2018 tax rate as the base against which future increases are initially measured. Such Rural Residential properties placed in the rural service district shall remain in the rural service district until such time as: i. The property owner petitions for property to be rezoned to R-1 or higher intensity residential zone or to be rezoned to a commercial or industrial zone. The City will advise in rezoning applications that a petition to rezone the property will result in removal from the rural service district and a resulting increase in applicable City tax rate; or ii. Municipal sewer and water services are available to serve the property. Paving, repaving, or reconstruction of a street abutting a property shall not deemed to be a sufficient improvement to cause unplatted or platted property to be transferred out of the rural service district. 6. Tax Rate Step Up. The tax rate for Commercial and Industrial properties annexed pursuant to Section I, Paragraph 1 above shall be stepped up from the Town tax rate to the City tax rate by equal increments over a six-year period. 7. Review and Comment. The City and the Town agree that upon receipt of this resolution, passed and adopted by each party, the Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the immediate annexation of the Immediate Annexation Property in accordance with the terms of this resolution. 8. Provision of Utilities to Annexed Properties. In the event the City provides municipal sewer service to any Rural Residential zoned properties annexed under the terms of 3 this Agreement, the City shall not require any such property to connect to the municipal sewer system for a period of seven years from the date of the most recent septic certification provided that the system does not fail within that seven-year period. Such properties shall be required to connect to City water services immediately in accordance with State law. 9. Building Inspection. Upon annexation of the Orderly Annexation Property described on Exhibit A, all new building permits shall be issued and administered by the City. All Building permits already issued as of the effective date of this Agreement to any such Orderly Annexation Properties shall continue to be administered by the Township’s building inspector until a certificate of occupancy is issued. The Township shall provide building permits and site plans for annexed properties to the City. Section II. Orderly Annexation Property. 1. Orderly Annexation Property. The following described land is subject to orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties hereto designate the area for orderly annexation in accordance with the terms herein; See Exhibit D (the “OAA”) A boundary map showing the OAA described in Exhibit D is attached hereto as Exhibit E and incorporated herein. All such land in the OAA shall remain in the Township until it is annexed pursuant to the terms of Section II, Paragraph 8 below. 2. Acreage. The OAA consists of approximately _______acres. 3. Jurisdiction. That St. Joseph Township and the City of St. Joseph, by submission of this joint resolution to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish annexation of the OAA in accordance with the terms contained in this Section II. 4. Municipal Reimbursement. The City of St. Joseph and St. Joseph Township agree pursuant to Minnesota Statutes § 414.036, reimbursement from the City to the Town shall occur for the taxes collected on land annexed into the City, according to the following schedule and thereafter all tax revenues will be the property of the City: a. Property Taxes. Year 1: 60% Year 2 : 50% Year 3: 40% Year 4: 30% Year 5: 20% All such payments shall be made to the Township within 30 days of receipt of the final tax settlement payment to the City. 4 b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with respect to any special assessment assigned by the Township to the annexed property and any portion of debt incurred by the Town prior to the annexation and attributable to the property annexed under this Agreement, the City shall forward to the Township any such assessment or debt revenue paid to the City by the property owner or by the County Auditor. All such payments shall be made to the Township within 30 days of receipt of such funds by the City. 5. Office of Administrative Hearings, Municipal Boundary Adjustments. Upon approval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the State of Minnesota Office of Administrative Hearings, Municipal Boundary Adjustments (hereinafter referred to as the “MBA”) or its successor pursuant to Minnesota Statutes. 6. No Alterations of Boundaries. The Town and City mutually agree and state that the MBA may review and comment, but that no alterations by the MBA of the stated boundaries of the area designated for orderly annexation is appropriate. Any alterations of boundaries may only be made upon the joint agreement of the Town and City. 7. Planning and Land Use Control Authority. The Town and City mutually agree and state that the Joint Planning Board established under the Prior Agreement will continue to exercise planning and land use control authority within the OAA pursuant to Minnesota Statutes section 414.0325, Subdivision 5. The City and Township establish this resolution as their joint powers agreement under Minnesota Statutes Section 462.371, Section 471.59 and Section 414.0325, Subd. 5 to conduct regional planning under the Municipal Planning Act in accordance with the terms of this Section II. The process for planning is as follows: 7.1 The Joint Planning board is an eight-member board, consisting of four members appointed by the Town and four members appointed by the City and has final authority on all land use matters in the OAA. 7.2 The City will act as the Zoning Administrator, reviewing and overseeing all relevant zoning related matters in the OAA. 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 Town’s designated land use official for review and comment. 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 Town 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. 7.3 The land use controls for the orderly annexation area shall be as set forth in Section 9.15 Urban Expansion District of the Stearns County Land Use and Zoning Ordinance in effect as of the date of this Resolution, except as otherwise modified in 5 Attachment 1 attached hereto and incorporated herein. The Joint Planning Board shall follow the procedural provisions of the City of St. Joseph Zoning Code. 7.4 The Joint Planning Board will utilize the City’s building, fire, and electrical code inspection services in the orderly annexation area. 7.5 Except as otherwise specified in the Land Use Regulations, Stearns County regulations shall apply to the orderly annexation area. 7.6 No property within the OAA shall be rezoned prior to annexation. 7.7 The Joint Planning Board shall be scheduled to meet bi-monthly on an as needed basis. The Town and the City shall establish fees for regular and special meetings of the Joint Planning Board. 7.8 The Joint Planning Board will serve as the board of Adjustment in the OAA area and shall hold the public hearings on all applications for conditional use/interim use permits, variances, text amendments to the Land Use Regulations, administrative subdivisions and administrative appeals. Except for 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 text amendments which shall be submitted to the Town and the City for final decision. Text amendments shall require the approval of both the Township and the City at a joint meeting. 7.9 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. 7.10 The City shall issue all building permits and site construction permits, conduct building inspections for each permit issued, and shall provide the Town with copies of permits and inspection reports for any permit issued therefore on a monthly basis, except that all Building permits already issued on the effective date of this Agreement to any properties within the OAA shall continue to be administered by the Township’s building inspector until a certificate of occupancy is issued. 7.11. 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. 8. Conditions for Orderly Annexation. The City and the Town mutually state and agree that properties in the OAA, or any portion thereof shall be annexed to the City by the MBA upon receipt of a resolution from the City requesting such annexation. The City may adopt such resolution only upon the occurrence 6 of any one or more of the following, provided 30 days’ notice of the City’s intent to adopt such resolution has been sent to the Township: a. All of the property owners of a particular parcel submit a petition for annexation of that parcel or a portion thereof. b. All of the property owners of a particular parcel submit a petition for rezoning of the parcel or portion thereof. The City will advise in rezoning applications that a petition to rezone the property will result in the property being annexed to the City. c. The property owner petitions to subdivide the property in such a manner that will create more than 2 lots or will create lots less than 10 acres in area. The City will advise in subdivision applications that a petition to subdivide the property will result in the property being annexed to the City. d. Upon petition of the City when sewer and/or water services are available to serve the property. 9. Exclusivity. It is the intent of the parties that this Agreement sets forth the exclusive procedures under which property within the Town may be annexed from the Town to the City during the term of this Agreement. The City shall not annex any property from the Township except in conformity with the terms of this Agreement. The City shall not support an annexation proposed by a third party that is not consistent with the terms of this Orderly Annexation Agreement. 10. Review and Comment. The City and the Town mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated and that no consideration by the MBA is necessary. At such time as the conditions for annexation of the areas or a portion thereof as described in this Agreement have been met, and upon receipt of a Resolution for Annexation from the City of St. Joseph, the MBA may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of the Resolution. 11. Termination of Prior Agreements. Any prior agreements or joint resolutions existing between the parties pertaining to annexation of property from the Town to the City shall be considered terminated upon the effective date of this Joint Resolution. 12. Effective Date/Applicability. This Joint Resolution is effective on the date it is adopted by the City and the Town; whichever is the second to act on this resolution. Annexations occurring as provided in this Joint Resolution shall be effective upon the issuance of the order by the MBA. The provisions of this Joint Resolution shall be binding unless otherwise modified by a joint resolution of both the City and Town. 7 Adopted by affirmative vote of all the members of the St. Joseph Township Board of Supervisors this ____ day of _________________ 2018. ST. JOSEPH TOWNSHIP ATTEST: By: _________________________ By: _________________________ Chairperson Ann Reischl, Township Clerk Board of Supervisor Adopted by affirmative vote of the City Council of St. Joseph this _____ day of _______________ 2018. CITY OF ST. JOSEPH ATTEST: By: _________________________ By: _________________________ Rick Schulz, Mayor Judy Weyrens, City Administrator 8 EXHIBIT A IMMEDIATELY ANNEXED PROPERTY 9 22A MAP 1 13 12 ORDERLY ANNEXATION ST. JOSEPH, MINNESOTA 75 DATE: 06/19/2018 STJOEGEN FILE NO. 2 23 1114 ST. CLOUD, MN 56302-1717www.sehinc.com PHONE: 320.229.4300P.O. BOX 1717 1200 25TH AVENUE SOUTH 3 22 15 10 505050 454545454545 9 4 16 32 58 9A feet 2000 1000 0 500 scale 1000 P:\\PT\\S\\STJOE\\common\\Annexation\\Survey\\AnnexExhibit.dwg 6/19/2018 3:52 PM Plot: jschmitz 6/19/2018 3:44 PMSave: EXHIBIT B MAP OF IMMEDIATELY ANNEXED PROPERTY 10 EXHIBIT C COMMERCIAL PIDS 11 EXHIBIT D INDUSTRIAL PIDS 12 EXHIBIT D OAA PROPERTY 13 EXHIBIT E MAP OF OAA PROPERTY 14 ATTACHMENT 1 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 OAA. 5. The transfer of residential development rights from another Township into St. Joseph Township is prohibited in the OAA. 6. The transfer of residential development rights from St. Joseph Township into another Township is prohibited in the OAA. 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 OAA: 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 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 OAA: 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. 15 ORDINANCE 502 – ZONING ORDINANCE Section 502.27: RURAL RESIDENTIAL DISTRICT Subd. 1: Intent. To establish and preserve areas within the City for the continuation of agricultural operations; to provide for very low density residential development for those persons desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock conditions, steep slopes, significant vegetation, wetlands or other unique natural features which, are best suited for open space and limited development and are necessary to maintain the character of the area or the community and which would be irreparably harmed by denser development and to allow for use of areas not suitable for urban development, to prevent rapid urbanization and provide economy in public expenditures and to govern and implement the long range urban service plan of the City as identified in the Comprehensive Plan. Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to achieve the following purposes: a) Minimize land use conflict between agricultural and other land uses. 1. Maintain suitable boundaries for urban, rural residential and agricultural areas. 2. Prevent premature urban development in rural areas which eventually may be appropriate for urban uses, until the installation of streets, utilities, and until the demand exists for such development. b) Manage the impacts of growth and development on the City’s rural character. 1. Discourage incompatible land uses through effective land use controls. 2. Identify appropriate areas for commercial, industrial and non-farm rural residential developments. 3. Coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth. Subd. 3: Definitions. The following words and terms, in addition to the words and terms identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: a) Agricultural Building: A structure used for the storage and maintenance of agricultural equipment, or the storage of livestock, feed, crops, or other agricultural products. b) Agricultural Operation: Real or personal property used for production of crops including, but not limited to, fruit and vegetative production, tree farming, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products. An agricultural operation shall also include certain farm activities and uses as follows: 502.26-1 ORDINANCE 502 – ZONING ORDINANCE a. Chemical and fertilizer spraying b. Farm machinery noise c. Extended hours of operation d. Storage and spreading of manure and biosolids under state permit e. Open storage of machinery f. Odors produced from normal farm activities g. On farm marketing of farm products h. Yard waste and leaf composting site i. Contaminated soils disposal c) Animal Feedlot: a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas, open lots and mink farms shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots. Animal feedlot shall include any manure storage structure. d) Home Extended Business: An occupation or profession engaged in by the occupant of a dwelling unit within said unit or accessory structure which involves the storage of a limited amount of vehicles and equipment; repair; service or assembly requiring equipment other than customarily found in a home; or the storage of stock in trade incidental to the performance of a service. A home extended business shall be clearly incidental and secondary to the residential use of the premises, and shall only include the sale of merchandise incidental to the home extended business. e) Hobby Farm: An area on which crops are grown and or livestock (excluding fur- bearing livestock) are raised. f) Residential Subdivision: A described tract of land which has been divided into single st family residential lots establishing a residential neighborhood. Areas include 1 Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge. Subd. 4: Permitted Uses. a) Agricultural Operation b) Single family detached dwelling unit c) Hobby Farms 502.26-2 ORDINANCE 502 – ZONING ORDINANCE d) Roadside stand for the sale of agricultural products produced on the premises (providing that such stands conform to the requirements of this Title relative to construction, setback and use). e) Public parks, recreational areas, environmental study areas and game refuges. f) Forestry, nurseries, green houses and tree farms excluding retail sales. g) Residential care facilities serving 6 or fewer residents h) Residences for principal farm operators Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as regulated in this Ordinance. a) Antennas - TV/Radio Receiving, Short Waive/Private Transmitting. b) Essential Services, Transmission Services and Utility Substations c) Animal Feedlot expansions c) Bed and Breakfast Inns d) Government administrative and service buildings e) Home extended businesses f) Commercial outdoor recreation facilities, including golf courses, club houses, swimming pools and similar uses. g) Kennels – private h) Solar Systems i) Structures related to public airports j) Cemeteries k) Facilities for retail or wholesale trade connected with nursery or tree farms l) Places of Worship m) Public and private schools n) Residential care facilities serving 7-16 residents. 502.26-3 ORDINANCE 502 – ZONING ORDINANCE Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in this ordinance as: a) Mining, and extraction of minerals and dirt, per this Section 502.17. b) Portable asphalt mixing plants within extractive uses. The interim use permit issues shall include, but is not limited to, the following conditions: provisions for adherence to pollution control standards, hours of operation, setbacks, haul roads, areas where the plant is to be located and slopes. The interim use permit required for portable asphalt mixing plants is in addition to the interim use permit required for the operation of the mining/extractive use. Subd. 7: Permitted Accessory Uses. a) Accessory Buildings on residential properties provided: i. The accessory building is located in the rear yard ii. The size of the accessory building shall not exceed the square footage footprint of the principal structure. iii. The same or similar exterior building material (such as siding, shingles, etc) shall be used on the accessory building and the principal building. iv. Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited in residential subdivisions. v. No accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. b) Agricultural Buildings c) Operation and storage of vehicles, machinery and equipment which is incidental to permitted or special uses allowed in this district. c) Home occupations per Section 502.16. d) Private swimming pools. e) Private sports courts i.e. tennis, basketball, etc. f) Personal amateur radio and television antennas and satellite dish antennas. Subd. 8: Lot Area Requirements. 502.26-4 ORDINANCE 502 – ZONING ORDINANCE a) Minimum area 10 acres - 435,600 square feet. b) Minimum lot width 300 feet at the building setback line, except that if a lot or tract has less area or width than herein provided and was legally platted and was of record at the time of the passage of this Ordinance, that lot may be used for any of the uses permitted by this section. Subd. 9: Setback Requirements. a) Front yard setbacks of not less than 30 feet from all other public right-of-ways, unless: i) 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no buildings shall project beyond a straight line drawn between the point closest to the street of the residence upon either side of the proposed structure or, ii) If there be residences upon only one side, then be on the straight line projected from the front of the two nearest residences. iii) This regulation shall not be interpreted to require a front yard of more than 100 feet. b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of the passage of this Ordinance has a width of 75 feet or less, the side yard on each side of a building may be reduced to a width of the lot, but in no instance shall it be less than 5 feet. c) Rear yard setbacks shall be not less than 40 feet in width from each building. Subd. 10: Height Requirements. a) Buildings, other than agriculture buildings, shall not exceed thirty five (35) feet in height, except as hereinafter provided. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard requirement at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. Subd. 11. Site Coverage. No structure or combination of structures shall occupy more than 30% of the lot area. 502.26-5 ORDINANCE 502 – ZONING ORDINANCE Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement. Properties in this area are rural in nature and have not been impacted by urban development and shall beexempted from certain requirements applicable in other zones that have been developed to an urban density. The exemptions are as follows: a) Allowed Animals. Property owners whose property is zoned Rural Residential shall have the following flexibility in relation to the regulations of Ordinance 1004, Licensing and Regulations of Animals: i. Up to four (4) domestic dogs over three months old shall be allowed per household. ii. Farms animals including but not limited cattle, horses, hogs, chickens, geese, sheep, goats, pigs, ducks and turkeys shall be allowed. iii. Licenses shall not be required for domestic dogs. iv. Animals shall be allowed to run at large unless this issue becomes a nuisance generating complaints from neighbors. b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted without a permit with the following conditions: i. Property owners must adhere to all State and Federal laws regarding hunting and the use and discharge of firearms, and bows and arrows. ii. The Police Chief will monitor development of properties located within this zoning district and as urbanization occurs, Firearms and Hunting may be restricted. c) Burning. Properties zoned Rural Residential shall be exempt from Ordinance 1003, Fire and Burning regulations provided: i. Any open burning must be approved and permitted by the MN DNR. d) Rental Regulations: Properties located in the Rural Residential zoning district shall not be restricted from renting their dwelling or portion thereof. The property owner shall be required to secure a rental license annually. e) Wood Burning Stoves: Properties located in the Rural Residential zoning district may utilize wood burning stoves as a form of alternative heat provided: a. The wood burning stove meets the minimum setback requirements based on the manufacturer’s guidelines. b. Building Permits are secured for the installation 502.26-6 ORDINANCE 502 – ZONING ORDINANCE c. All stoves must meet the MPCA Guidelines f) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002) provided that noise as defined in the Noise Ordinance does not become a public nuisance or an endangerment to others. Subd. 13: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. 502.26-7 ORDINANCE 502 – ZONING ORDINANCE Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT Subd. 1: Intent. The Highway 75 Business District is intended to control the use and development of land and improvements by creating a mixed land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by allowing for a mixture of land uses and by establishing stringent standards for development. This section shall be administered in a manner which will encourage and promote high-value development in a manner similar to a planned unit development, taking full advantage of the City’s highway location. It is also the purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2: Permitted Uses. The following uses are permitted: a) Business Services 1. Banks 2. Office space b) Food Services. 1. Grocery stores 2. Supermarkets 3. Restaurants, except drive-thru restaurants 4. Delicatessen 5. Bakeries whose product is sold at retail on premises c) Personal Services. 1. Multiple Retail 2. Drug stores 3. Hardware stores 4. Book stores 5. Discount (‘Big Box’) retail stores 502.54-1 ORDINANCE 502 – ZONING ORDINANCE 6. Retail apparel stores 7. Flower shops 8. Beauty shops and salons 9. Photography shops and studios 10. Funeral homes d) Medical Services. 1. Medical clinics 2. Dental clinics 3. Veterinary clinics 4. Other institutions providing health care. e) Movie and Performing Arts Theaters. f) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Highway 75 Business District and subject to all the requirements in this Section: a) Commercial or business building for a use accessory to the principal use, not to exceed 30% percent of the size of principal structure. b) Signs as regulated in this Ordinance. c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas, subject to applicable section(s) of this Ordinance. e) Fences, landscaping. Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit of as provided for in this Ordinance: a) Auto malls and/or automobile service and gas stations, provided that: 502.54-2 ORDINANCE 502 – ZONING ORDINANCE 1. Motor fuel facilities are installed in accordance with state and city standards. 2. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 3. Wherever fuel pumps are to be installed, pump islands shall be installed. 4. A protective canopy located over the pump island(s) may be an accessory structure on the property; however, adequate visibility both on and off site shall be maintained. 5. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. b) Office warehousing. c) Lawn and garden temporary sales area. d) Lumber yards and home improvement retail centers. e) New or used auto dealerships. f) Stone building material sales and service. g) Recreational vehicle sales and services. h) Transportation terminals, public utility and transfer stations, without storage yards. i) Equipment Services. 1. Radio and television shops 2. Appliance repair shops 3. Appliance show rooms j) Recreational Services. 1. Theaters 2. Bowling establishments 502.54-3 ORDINANCE 502 – ZONING ORDINANCE 3. Clubs and lodges k) Hotels l) Motels m) Drive-through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. n) Commercial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. o) Convenience Store with gasoline, provided that: 1. The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. 2. The approximate area and location devoted to non-automotive merchandise sales shall be specified in general terms in the application. 3. Motor fuel facilities are installed in accordance with state standards. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 4. Wherever fuel pumps are to be installed, pump islands shall be installed. 5. A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained. 6. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. p) Postal Stations q) Uses determined to be of a similar nature as those permitted under Subd. 2, upon a finding that the uses will not be detrimental to the health, safety and welfare of 502.54-4 ORDINANCE 502 – ZONING ORDINANCE the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 5: Conditions Applicable to All Conditional Use Permits. The following conditions are applicable to all uses under a conditional use permit: a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped. b) Parking areas shall be screened from the view of abutting residential districts. c) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate Chapters of this Ordinance as may be amended and shall be subject to the approval of the City Engineer. d) Provisions are made to control and reduce noise in accordance with MPCA standards. e) The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer. f) The entire area shall have a drainage system subject to the approval of the City Engineer. g) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. h) All outdoor storage shall be completely screened from view. Subd. 6: Interim Uses: The following uses shall require an Interim Use Permit as provided for in this Ordinance: a) Farmers Market/Outdoor Market – a publicly or privately operated, open-air establishment where agricultural or new or used projects are sold. 1. A site plan shall be provided illustrating that the location of the temporary/seasonal market meets all required parking lot setbacks and all other setbacks. The site plan shall be a scaled and dimensioned site plan showing the layout of the entire market area including parking spaces for the use, traffic patterns and stall areas. 2. Any temporary structure placed on the property for such sales must be removed at the end of the selling season or sale. The size of a temporary building shall not exceed 120 square feet per vendor. 502.54-5 ORDINANCE 502 – ZONING ORDINANCE 3. The Interim Use Permit shall be obtained through the interim use procedures set forth in this Ordinance. b) Rental Units. 1. Residential units in areas that have been rezoned to commercial from residential may be eligible for an Interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R-1 Single Family Residential District. 2. The Interim Use as a rental shall be obtained through the interim use procedures set forth in this Ordinance. 3. In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. 4. Public hearings shall be held as set forth in this Ordinance. Subd. 7: Setback Requirements. a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 feet, except lots platted prior to 1950. b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot landscaped setback from the highway right-of-way line. Any structure shall have a twenty (20) foot setback from the highway right-of-way. c) Front yard. Setback shall be twenty (20) feet from the lot line. d) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 7(b) of this Section. e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. f) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 8: Height Requirements. a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. 502.54-6 ORDINANCE 502 – ZONING ORDINANCE Elevation for the building shall be determined by the average grade of the land. Subd. 9: Site Coverage. No structure or combination of structures shall occupy more than 60 percent of the lot area. Subd. 10: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities, excluding additions to existing facility constructed before this provision was adopted and the addition is less than 50% of the square feet of the original building, shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8”) above the final grade, and stick built construction. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. The exterior building finish of thirty (30%) percent of all four sides of the structure, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide as much adornment as is possible considering their exterior finish limitations. Accessory Buildings located in the rear yard or behind the principal structure, and not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requirement. The City Council may consider green roof options that reduce stormwater runoff and improve water quality. e) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened f) Lighting. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. 502.54-7 ORDINANCE 502 – ZONING ORDINANCE g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. h) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. i) Spoil /Construction piles: Properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement where the main use of the property is for business related to or reliant upon the storage/use of construction material shall be allowed to continue to store material on site provided the material is stored in the rear yard. 502.54-8 ORDINANCE 502 – ZONING ORDINANCE Section 502.62: LI-LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly of small products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. c) Clothing or apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishments. f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. j) Mini-storage. k) Major automotive repair. l) Offices/showroom/retail space as a portion of the principal industrial use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing. 502.62-1 ORDINANCE 502 – ZONING ORDINANCE n) Industrial research laboratories. o) Manufacturing of small electrical parts and service. p) Newspaper and printing plants. q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments. s) Warehousing, of non-explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardous materials. u) Wholesale water conditioning systems. v) Uses determined to be of a similar nature as those contained in this section upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Light Industrial District and subject to the all the requirements in this Section: a) Restaurant, lunch counters, confectioneries to serve the employees employed within the District. b) Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use. c) Off-street parking and off-street loading. d) Outdoor storage as regulated in this Ordinance. e) Office accessory to the principal use. f) Signs as regulated in this Ordinance g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as provided for in this Ordinance. a) Adult Entertainment as regulated in this Ordinance. 502.62-2 ORDINANCE 502 – ZONING ORDINANCE b) Commercial activities relating to production systems, structural maintenance programs or the construction industry. c) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. d) Biotechnology and health science research, development, manufacturing, and/or production facilities including but not limited to devices, products, components, and services whether organic or inorganic in nature. e) Commercial/Industrial Planned Unit Development. f) When property within a Light Industrial District abuts County State Aid Highway 75: 1. Motels 2. Gasoline service stations 3. Restaurant or supper clubs 4. Drive-in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 5. Open sales or temporary rental lots g) Indoor Firing Range provided that: 1. The firing range shall not be located on any lot adjacent to an existing Residential, Educational/Ecclesiastical or Public District unless the facility is separated by a public right-of-way. 2. The firing Range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating liquor, nor shall they be in a building that dispenses liquor. 3. The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. 502.62-3 ORDINANCE 502 – ZONING ORDINANCE 4. The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. 5. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. 6. Firearms shall not be stored on the premises when the range is closed for Business, unless they are stored in a secured vault. 7. On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. 8. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. 9. The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 10. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class or using the facility provided they are supervised by an adult instructor. Subd. 5: Lot Area Requirements. a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. Subd. 6: Setback Requirements. No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Front Yard Setbacks. 502.62-4 ORDINANCE 502 – ZONING ORDINANCE a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the City, and shall not be used for parking. Side Yard Setbacks. a) Side yard setback shall be at least twenty-five (25) feet from the lot line. Development occurring on lots platted prior to January 1, 1999 shall be subject to the ten foot side yard setback requirement in effect at the time of platting. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. The landscaped strip shall be planted with an evergreen hedge to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet. c) Side yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as established by the City. Rear Yard Setback. a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. b) A Light Industrial District rear yard adjacent to a residential boundary shall provide a landscaped strip of at least sixty (60) feet in width along the lot boundary line. The landscaped strip shall be planted with an evergreen hedge to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty- five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more 502.62-5 ORDINANCE 502 – ZONING ORDINANCE than 50 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities, excluding additions that are less than 30% of the existing structure, shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), and stick built construction and shall include footings that meet the requirement of the MN State Building Code, in relation to frost protection. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. Accessory Building located in the rear yard or behind the principal structure, and not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requirement. The City Council may consider green roof options that reduce stormwater runoff and improve water quality. e) Every applicant shall be required to submit for approval a landscape plan providing for the planting of trees and other vegetation. f) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. g) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any 502.62-6 ORDINANCE 502 – ZONING ORDINANCE residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business use providing other performance standards are met. h) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. i) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshal, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. j) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location. k) Lighting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development. l) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. m) Spoil /Construction piles: Properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement where the main use of the property is for business related to or reliant upon the storage/use of construction material shall be allowed to continue to store material on site provided the material is stored in the rear yard. 502.62-7 22A MAP 1 13 12 ORDERLY ANNEXATION ST. JOSEPH, MINNESOTA 75 DATE: 06/19/2018 STJOEGEN FILE NO. 2 23 1114 ST. CLOUD, MN 56302-1717www.sehinc.com PHONE: 320.229.4300P.O. BOX 1717 1200 25TH AVENUE SOUTH 3 22 15 10 505050 454545454545 9 4 16 32 58 9A feet 2000 1000 0 500 scale 1000 P:\\PT\\S\\STJOE\\common\\Annexation\\Survey\\AnnexExhibit.dwg 6/19/2018 3:52 PM Plot: jschmitz 6/19/2018 3:44 PMSave: Council Agenda Item 9 MEETING DATE: April 16, 2018 AGENDA ITEM: Annexation – OAA SUBMITTED BY: Administration/Police/Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: In 2017 the City Council approved notifying St. Joseph Township that effective April 1, 2018 the City would be exercising their rights and annexing all property included in the OAA. The Council further established two dates for public information meetings and St. Joseph Township was notified in December 2017 of the intent of the City. January 17 the City Council met jointly with St. Joseph Township at which time the Township requested the City re-consider the annexation and establish a subcommittee to review alternatives. The City Council appointed Bob Loso, Dale Wick, Susan Kadlec and Judy Weyrens to represent the City to continue to meet with the Township. The Township appointed Mark Thompson, Doug Fredrickson, Mike Courri and Ann Reischl to the subcommittee. (For the remainder of this document the committee will be referred to as the OAA Committee.) BACKGROUND INFORMATION: The following is a summary of the OAA Committee meetings: January 24, 2018 The OAA Committee discussed each jurisdiction’s position on the annexation with the Township indicating that they would oppose annexation of the entire OAA and requested the City reconsider if a smaller section of the Township could be annexed. Discussion including re-writing the OAA and limiting development in the Township requiring annexation if development was desired; establishing zones within districts providing for orderly annexation; creating different zones; creating a new set of Ordinances regulating the OAA; building permit process; planning process; update on execution of MOU. February 20, 2018 Township Committee presented a proposal to annex limited parcels and to re-write the OAA as discussed at the previous meeting. The OAA Committee continued to discuss the planning and building permit process and the differences between the City and Township. It was acknowledged that both the City and Township enforce the MN State Building Code with varying fees. The Township presented concerns with taxation of the annexed parcels, the loss of tax base and viability of the remaining Township. City members requested that moving forward the City assume all responsibility for issuing building permits and functions as the zoning administrator for both the entities. City members also requested copies of any permits issued as required by the MOU and an update on the execution of the MOU. March 2, 2018 City representatives presented a revised map illustrating a reduced area for annexation and discussed establishing a rural tax rate and tiered tax rates as it relates to developed and undeveloped property. Discussion centered on definitions of developed and undeveloped, what “improvement” means as it relates to the rural tax rate, assessments and the building inspection service. The City agreed to re-work the proposal and include some of the detail. March 21, 2018 The City representatives presented a proposed revised annexation map; draft Rural Residential Zoning Ordinance; tax proposal including taxing undeveloped property at a rural tax rate with the exception of the commercial/industrial platted areas. MN Statute requires commercial/industrial property to be taxed at the City rate; however, it can be tiered in over a six year period. The OAA Committee was also provided information illustrating the tax impact of tiering rates. After meeting separately, Township representatives came back with a counter proposal agreeing to take the proposal back to the full Township Board. They indicated that they could support the proposal presented by the City with minor modifications to include a two year window to annex the Industrial Park. The un-annexed property in the OAA area would be subject to annexation upon petition of the property owners when utilities abut the property. Petition by the property owner to rezone would also trigger annexation. The Committee discussed the timing of the annexation and developed the following: April 9, 2018 Township OAA Committee presents the proposal to the full Township Board looking for approval. The Township would schedule two public input meetings to inform the residents of the annexation. April 16, 2018 City Committee will present the proposal to the City Council looking for approval. July 1, 2018 Annexation submitted to MN Boundary Adjustments for approval. The Township met on April 9, 2018 in closed session to discuss the proposal and the City was notified that the Town Board had generally approved the framework proposed by the subcommittee to resolve the disagreement under the OAA. BUDGET/FISCAL IMPACT: City staff, to include the Police Chief, Finance Director, Community Development Director, Public Works Director and City Engineer reviewed the OAA to determine the additional costs or service requirements. Police Services: The Police Chief reviewed Police reports from the Stearns County Sheriff’s Office as it relates to the OAA. In 2016 Stearns County responded to 1200 calls in the OAA of which 800 were traffic stops. The remaining 400 calls of service included: crashes, stolen vehicles, domestics, agency assists, alarms and burglary. The Police Chief has indicated that the additional call load can be absorbed by the existing staff and the lease of the vehicles could be extended to account for the additional miles. Public Works: The Public Works Director has reviewed the OAA to consider future impacts. The streets vary in condition and the City is proposing to keep the roads as minimum maintenance roads as they are currently managed. The following is a brief summary of additional costs for the OAA:  Routine Maintenance – pothole maintenance and blow patching - $ 5,500  Animal Control and Storm related work - $ 2,000  Snow Removal – The City can either look at outsourcing or adding to the existing service. Astech has provided an estimate whereby each 2” snow fall would be $ 555 and salt/sand would be additional.  Ditch Mowing – the Township currently outsources the service and ditches are cut twice per year. In talking to the vendor, he can provide the service for $ 1,000 annually.  Water and Sewer – The City is not proposing to extend water and sewer to the OAA; however, the City is working on extending services to a City industrial park which would then make services available to the Township Industrial Park. It would not be the intent of the City to require properties to connect at this time. The City has prepared a water and sewer study to illustrate the infrastructure plan for the entire OAA.  Refuse – The City is not proposing to require properties to use the City refuse service and composting is already available to them.  Street Lighting – the City is not proposing to add street lighting  Street Sweeping – The City does plan on providing regular street sweeping, it would only be if a situation arises – this is the same as it is today.  Storm Water / Wetland Maintenance – the City will be able absorb the additional reporting requirements with the existing staff. Fire: The OAA is currently served by the St. Joseph Fire Department so the level of service would not change; however, the City would pay proportionately more in the Fire Fund. The Fire Department is currently managed with a Fire Board who will have to review the service going forward. Administration: Administration staff reviewed the various services provided with the following summary:  Building Inspection Services – The City currently contracts this service with Inspectron and the owner has indicated that they can absorb the additional permits and if the workload increases any additional compensation would be covered through the additional revenue. The City and Township both enforce the MN State Building Codes so property owners will not see a difference in regulations. The fees are similar with the exception of the Plan Review Fee for residential (City is lower) and the mechanical / plumbing (City is lower).  Planning Services – The City currently serves as the Zoning Administrator so that would not change.  Land Use Code – The City will adopt a Rural Residential Zoning District and all property zoned UE in the OAA will be annexed as Rural Residential. This zoning district will relieve property owners of some of the Ordinances such as licensing dogs, rental provisions, burning, and stock piling (see following Ordinance). The Ordinances identified are the same that were raised by residents at the public input sessions.  Based on the existing OAA, the City has agreed to leave undeveloped property at a rural tax rate and commercial and industrial property will be brought to the City tax rate over a six year period as required by MN Statute. The City defines undeveloped property as those properties where water and sewer are not available.  Based on information obtained for the State Auditor’s Office, in addition to tax levy the Township receives the following additional revenues: Cable Franchise, Gravel Tax and Solar Energy Production. Once annexed those revenues along with the Electric/Gas Franchise Fee, building permits, LGA, Ag MV Credit, MSA Population and Local option sales tax would be forwarded to the City. It is anticipated that the City will receive annually an additional $ 50,000 in fees, taxes, permits and state aids.  The following table is the summary of actual taxes for the OAA and the City and Township sharing. In an effort to help the Township plan, the City representatives of the OAA agreed to bring back to the Council an increased sharing for the first two years and added a sixth year. The tax sharing in the OAA is for five years and is 60, 50, 40, 30, 20. ATTACHMENTS: Maps illustrating different proposals for annexation DRAFT Rural Residential Zoning District REQUESTED COUNCIL ACTION: The subcommittee seeks direction on the framework being proposed. It is anticipated that legal counsel for the City and the Township will meet to put together a formal agreement to amend the OAA Agreement. _ ;r. 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To establish and preserve areas within the City for the continuation of agricultural operations; to provide for very low density residential development for those persons desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock conditions, steep slopes, significant vegetation, wetlands or other unique natural features which, are best suited for open space and limited development and are necessary to maintain the character of the area or the community and which would be irreparably harmed by denser development and to allow for use of areas not suitable for urban development, to prevent rapid urbanization and provide economy in public expenditures and to govern and implement the long range urban service plan of the City as identified in the Comprehensive Plan. Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to achieve the following purposes: a) Minimize land use conflict between agricultural and other land uses. 1. Maintain suitable boundaries for urban, rural residential and agricultural areas. 2. Prevent premature urban development in rural areas which eventually may be appropriate for urban uses, until the installation of streets, utilities, and until the demand exists for such development. b) Manage the impacts of growth and development on the City’s rural character. 1. Discourage incompatible land uses through effective land use controls. 2. Identify appropriate areas for commercial, industrial and non-farm rural residential developments. 3. Coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth. Subd. 3: Definitions. The following words and terms, in addition to the words and terms identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: a) Agricultural Building: b) Agricultural Operation: c) Animal Feedlot: d) Animal Unit or A.U.: e) Home Extended Business: An occupation or profession engaged in by the occupant of a dwelling unit within said unit or accessory structure which involves the storage of a 502.26-1 ORDINANCE 502 – ZONING ORDINANCE limited amount of vehicles and equipment; repair; service or assembly requiring equipment other than customarily found in a home; or the storage of stock in trade incidental to the performance of a service. A home extended business shall be clearly incidental and secondary to the residential use of the premises, and shall only include the sale of merchandise incidental to the home extended business. f) Hobby Farm: An area on which crops are grown and or livestock (excluding fur- bearing livestock) are raised. g) Residential Subdivision: A described tract of land which has been divided into single st family residential lots establishing a residential neighborhood. Areas include 1 Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge. Subd. 4: Permitted Uses. a) Agricultural Operation b) Single family detached dwelling unit c) Hobby Farms d) Roadside stand for the sale of agricultural products produced on the premises (providing that such stands conform to the requirements of this Title relative to construction, setback and use). e) Public parks, recreational areas, environmental study areas and game refuges. f) Forestry, nurseries, green houses and tree farms excluding retail sales. g) Residential care facilities serving 12 or fewer residents h) Residences for principal farm operators Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as regulated in this Ordinance. a) Antennas - TV/Radio Receiving, Short Waive/Private Transmitting. b) Essential Services, Transmission Services and Utility Substations c) Animal Feedlot expansions c) Bed and Breakfast Inns 502.26-2 ORDINANCE 502 – ZONING ORDINANCE d) Government administrative and service buildings e) Home extended businesses f) Commercial outdoor recreation facilities, including golf courses, club houses, swimming pools and similar uses. g) Kennels – private h) Solar Systems i) Structures related to public airports j) Cemeteries k) Facilities for retail or wholesale trade connected with nursery or tree farms l) Places of Worship m) Public and private schools n) Uses the City Council determines to be of similar nature to the listed conditional uses above and found not to be detrimental to the City’s general health and welfare. Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in this ordinance as: a) Mining, and extraction of minerals and dirt, per this Ordinance. b) Portable asphalt mixing plants within extractive uses. The interim use permit issues shall include, but is not limited to, the following conditions: provisions for adherence to pollution control standards, hours of operation, setbacks, haul roads, areas where the plant is to be located and slopes. The interim use permit required for portable asphalt mixing plants is in addition to the interim use permit required for the operation of the mining/extractive use. Subd. 7: Permitted Accessory Uses. a) Accessory Buildings (residential) provided: i. The accessory building is located in the rear yard ii. The size of the accessory building shall not exceed the square footage footprint of the principal structure. 502.26-3 ORDINANCE 502 – ZONING ORDINANCE iii. The same or similar exterior building material (such as siding, shingles, etc) shall be used on the accessory building and the principal building. iv. Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited in residential subdivisions. v. No accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. b) Agricultural Buildings c) Operation and storage of vehicles, machinery and equipment which is incidental to permitted or special uses allowed in this district. c) Home occupations per Section 502.16. d) Private swimming pools. e) Private sports courts i.e. tennis, basketball, etc. f) Personal amateur radio and television antennas and satellite dish antennas. Subd. 8: Lot Area Requirements. a) Minimum area 10 acres - 435,600 square feet. b) Minimum lot width 300 feet at the building setback line, except that if a lot or tract has less area or width than herein provided and was legally platted and was of record at the time of the passage of this Ordinance, that lot may be used for any of the uses permitted by this section. Subd. 9: Setback Requirements. a) Front yard setbacks of not less than 30 feet from all other public right-of-ways, unless: i) 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no buildings shall project beyond a straight line drawn between the point closest to the street of the residence upon either side of the proposed structure or, ii) If there be residences upon only one side, then be on the straight line projected from the front of the two nearest residences. 502.26-4 ORDINANCE 502 – ZONING ORDINANCE iii) This regulation shall not be interpreted to require a front yard of more than 100 feet. b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of the passage of this Ordinance has a width of 75 feet or less, the side yard on each side of a building may be reduced to a width of the lot, but in no instance shall it be less than 5 feet. c) Rear yard setbacks shall be not less than 40 feet in width from each building. Subd. 10: Height Requirements. a) Buildings, other than agriculture buildings, shall not exceed thirty five (35) feet in height, except as hereinafter provided. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard requirement at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. Subd. 11. Site Coverage. No structure or combination of structures shall occupy more than 30% of the lot area. Subd. 12: Rural Quality of Life Provisions. Property zoned Rural Residential applies to properties that have been annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement. Properties in this area are rural in nature and has not been impacted by urban development and shall not be held to the same requirements as it relates to: a) Allowed Animals. Property owners whose property is zoned rural residential shall have the following flexibility in relation to Ordinance not be held to the regulations of Ordinance 1004, Licensing and Regulations of Animals: i. Up to four (4) domestic dogs over three months old per household ii. Farms animals including but not limited cattle, horses, hogs, chickens, geese, sheep, goats, pigs, ducks and turkeys shall be allowed. iii. Licenses shall not be required for domestic dogs iv. Animals shall be allowed to run at large unless this issue becomes a nuisance where neighbors are complaining. 502.26-5 ORDINANCE 502 – ZONING ORDINANCE b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted without a permit with the following conditions: i. Property owners must adhere to all State and Federal laws regarding hunting and firearm, and bow and arrow. ii. The Police Chief will monitor development of properties located within this zoning district and as urbanization occurs, Firearms and Hunting may be restricted. c) Burning. Properties zoned Rural Residential shall be exempt from Ordinance 1003, Fire and Burning regulations provided: i. Any open burning must be approved and permitted by the MN DNR. d) Spoil /Construction piles: Properties where the main use of the property is for business related to or relies on the storage/use of construction material shall be allowed to store material on site provided the material is stored in the rear yard. e) Rental Regulations: Properties located in the Rural Residential zoning district shall not be restricted from renting their dwelling or portion thereof. The property owner shall be required to secure a rental license annually. f) Wood Burning Stoves: Properties located in the Rural Residential zoning district may utilize wood burning stoves as a form of alternative heat provided: a. The wood burning stove meets the minimum setback requirements based on the manufacturer’s guidelines. b. Building Permits are secured for the installation c. All stoves must meet the MPCA Guidelines g) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002) provided that noise as defined in the Noise Ordinance does not become a public nuisance or an endangerment to others. Subd. 13: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. 502.26-6