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HomeMy WebLinkAbout10.12.20 www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342 St. Joseph Planning Commission Monday, October 12, 2020 6:00 PM 1. Call to Order 2. Pledge of Allegiance 3. Agenda Review and Adoption 4. Approve Minutes – September 14, 2020 5. New Business a. Public Hearing, Interim Use Permit, Rental- 29 Ash St. W b. Public Hearing, Variance- 503 Minnesota St. W c. Comprehensive Plan Compliance, Sale of Portion of PID 84.53457.0005 6. Other Business a. Council Liaison Report b. Other Member Discussion 7. Adjourn THIS PAGE INTENTIONALLY LEFT BLANK September 14, 2020 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, September 14th, 2020 at 6:00 PM at the St. Joseph Government Center. Planning Commission Members Present: Commissioners, Gina Dullinger, Chad Hausmann, Anne Jarrell, Mike Ross, Brian Theisen, Community Development Director Therese Haffner Members Absent: Matt Johnson, Steve Olson Approval of the Agenda: Dullinger made a motion to approve the agenda. The motion was seconded by Theisen and passed unanimously. Approval of the Minutes; Theisen made a motion to approve the minutes of July 13, 2020. The motion was seconded by Ross and passed unanimously. New Business a. Public Hearing, Interim Use Permit, Rental – 110 College Ave N Haffner recommended approval of an interim use permit for a non-owner residential rental in an existing single-family home. The request is to allow the continuation of the rental for five years. Hausmann opened the public hearing. As no one wished to speak, Hausmann closed the public hearing. Theisen made a motion to approve Resolution 2020-003 Adopting Findings of Fact approving an Interim Use Permit for a non-owner single family residential rental at 110 College Ave N. The motion was seconded by Ross and passed unanimously by those present. b. Public Hearing, Interim Use Permit, Rental – 13 Ash St E Haffner recommended approval of an interim use permit for a non-owner residential rental in an existing single-family home. The request is to allow the continuation of the rental for five years. Hausmann opened the public hearing. As no one wished to speak, Hausmann closed the public hearing. Theisen made a motion to approve Resolution 2020-004 Adopting Findings of Fact approving an Interim Use Permit for a non-owner single family residential rental at 13 Ash St E. The motion was seconded by Ross and passed unanimously by those present. c. Comprehensive Plan Compliance, Potential Purchase of PID 84.53794.0020 MN State Statute requires the Planning Commission to review land transactions in relationship to their conformity with the City Comprehensive Plan. Haffner reported the parcel is directly north of the current Public Works building and is 1.61 acres. The property is guided for Light Industrial and zoned Light Industrial as well. Ross made a motion to approve Resolution 2020-005 Finding the Purchase of Real Property in Compliance with the Comprehensive Plan, Lot 14, Block 1, Rennie Addition. The motion was seconded by Dullinger and passed unanimously by those present. Other Business a. Council Liaison Report Theisen reported that Therese Haffner is the new City Administrator. Haffner stated that Lori Bartlett provided a draft preliminary budget to the Council and the assessment hearing was held for the 20th Avenue SE Improvements. The council had a bid opening and awarded the bid to the lowest bidder. September 14, 2020 Page 2 of 2 Adjourn: Theisen moved to adjourn the meeting at 6:12 PM. The motion was seconded by Dullinger and passed unanimously Therese Haffner City Administrator/Community Development Director Planning Commission Agenda Item 5a MEETING DATE: October 12, 2020 AGENDA ITEM: Public hearing, Interim Use Permit- 29 Ash St. W SUBMITTED BY: Community Development STALL RECOMMENDATION: Approve Findings of Fact and an Interim Use Permit for a non- owner-occupied residential rental. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Brandon Sand, owner is requesting approval of an interim use permit to allow for a new non-owner-occupied residential rental in the existing single-family home at the property addressed 29 Ash St. W. The property is located in a B-1 Central Business District. The property is an identified commercial redevelopment area. An existing single-family dwelling unit in the B-1 District is allowed as an interim use for a maximum term of five years but may be less as approved by the City Council after a review and recommendation by the Planning Commission. The maximum density for the rental unit under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. ATTACHMENTS: Location Map Resolution 2020-006 REQUESTED PLANNING COMMISSION ACTION: Motion 1: Move to Approve Resolution 2020-006 Adopting Findings of Fact recommending the City Council issue an Interim Permit for five years to allow for a non-owner single family residential rental at 29 Ash St. W. This map is made available on an "as is" basis, w ithout express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). Auditor/TreasurerDivision of L and Manage ment±0 30 6015Feet Data is as represented in Stearns County Databases, It is NOT Intended for Locational Use and Stearns Countywaives all liability from this product. Interim Use Permit, Rental, 29 Ash St. W Lege nd Roa d La bels Roa ds September 30, 2020 Page 1 of 2 29 Ash St. W Interim Use Permit ST. JOSEPH PLANNING COMMISSION RESOLUTION 2020-006 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF A NON-OWNER-OCCUPIED RESIDENTIAL RENTAL WHEREAS, Brandon Sand, S & S Properties of St. Joseph LLC, hereinafter referred to as “Applicant,” has properly applied for an interim use permit for a non-owner-occupied residential rental on the property generally described as 29 Ash St. W. St. Joseph, MN (“Subject Property”); and WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on October 12th, 2020, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That the Subject Property is zoned B-1, Central Business District and a non-owner-occupied single-family residential rental is a permitted interim use. 2. That the interim use will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 3. That the residential rental will be located within the existing single family detached dwelling on the Subject Property and is designed and constructed and will be operated and maintained so as to be harmonious and appropriate in appearance with character of the area and will not be hazardous or disturbing to existing or future neighboring uses. 4. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 5. That the interim use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. That the existing access from Ash St. West provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 7. That the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 8. That the interim use will not result in the loss or damage of natural, scenic or historic feature and the soil conditions are adequate to accommodate the use. Page 2 of 2 29 Ash St. W Interim Use Permit BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue an interim use permit (“Permit”) to allow a non-owner-occupied single-family residential rental on the Subject Property. 2. The property owner shall obtain a rental license prior to renting and annually thereafter. Typical rental permit and inspection fees will apply and be the responsibility of the property owner. 3. The property owner will manage the Subject Property in compliance with the St. Joseph Code of Ordinances. 4. The residential rental on the Subject Property shall be limited to a family as defined within the St. Joseph Code of Ordinances. 5. The dwelling shall be maintained as a single-family dwelling defined as a dwelling occupied by one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. 6. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 7. Revocation: The City Council shall revoke the interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. 8. Expiration: The Permit shall expire within five years on October 19, 2025. If within one (1) year after issuance of granting an interim use permit, the use permitted has not started, then the permit is null and void, unless the City Council has approved a petition for an extension. The interim use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 9. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 12th day of October 2020. CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Therese Haffner, City Administrator Planning Commission Agenda Item 5b MEETING DATE: September 12, 2020 AGENDA ITEM: Public Hearing, Variance – 503 MN St. W SUBMITTED BY: Community Development STAFF RECOMMENDATION: Staff recommends the following: Approval of Resolution 2020-007 Adopting Findings of Fact and Approving the Location Variance Denial of Resolution 2020-008 – Variance to the Size Approval of Resolution 2020-009 Adopting Findings of Fact supporting the Denial to the Size Variance PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Lisa and Jason Barker, owner, has submitted a request for a variance on the location and size of a detached garage on the property located at 503 MN St. W. City ordinance requires detached accessory buildings to be located in the rear yard, and the maximum size allowed for accessory buildings (attached and detached) is 1,350 square feet or 10% of the lot, whichever is lesser. The property would be allowed 1,350 square feet total. The existing attached garage is 618 SF; therefore, a 732 SF garage could be added to the property. The applicant is proposing to construct a 900 SF garage in the front yard for a variance from the rear yard requirement and of 168 SF to exceed the size requirement. A variance may be granted if enforcement of a zoning ordinance provision on a particular property would cause the landowner practical difficulties as defined by MN State Statute 462.357. The applicant must satisfy the statutory three-factor test for practical difficulties. The practical difficulties factors are as follows: 1) That the property owner proposes to use the property is a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. 2) That the landowner’s problem is due to circumstances unique to the property not caused by the landowner. 3) That the variance, if granted, will not alter the essential character of the locality. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. ATTACHMENTS: Location Map Resolution 2020-007 Resolution 2020-008 Resolution 2020-009 REQUESTED PLANNING COMMISSION ACTION: Make recommendations on the Variance requests and Adopt Findings of Fact related to requests. This map is made available on an "as is" basis, w ithout express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). Auditor/TreasurerDivision of L and Manage ment±0 30 6015Feet Data is as represented in Stearns County Databases, It is NOT Intended for Locational Use and Stearns Countywaives all liability from this product. Variance Request- 503 MN St W Lege nd Roa d La bels Roa ds September 30, 2020 Page 1 of 2 Location Variance & FOF: 503 Minnesota West St. ST. JOSEPH PLANNING COMMISSION RESOLUTION 2020-007 A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING AND APPROVING A VARIANCE TO THE LOCATION REQUIREMENT FOR A DETACHED GARAGE IN A SINGLE-FAMILY RESIDENTIAL DISTRICT WHEREAS, Lisa Barker, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the location requirement established in St. Joseph Ordinance 502 on the property generally described as 503 Minnesota Street West, St. Joseph, Minnesota: (“Subject Property”) NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That the Applicant appeared before the St. Joseph Planning Commission on October 12, 2020 who reviewed the variance request and recommended approval of the variance. 2. That the Subject Property is zoned R-1 Single Family Residential District. 3. That there is an existing house on the Subject Property. 4. That there is an existing attached 618 Square Feet Garage and that a passenger truck does not fit in the garage. 5. That the variance is consistent with the St. Joseph Comprehensive Plan. 6. That the variance is in harmony with the general purpose and intent of the Ordinance. 7. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. 8. That the variance is reasonable given the location of the electrical utility and topography, including the slope and drainage to the rear of the Subject Property, therefore, limiting the buildable area. 9. That the property is unique given the lot topography limiting the buildable area. 10. That the variance will not alter the essential character of the neighborhood given the height of the garage will be approximately 16 feet, setback over fifty (50) feet from the street curb line, the exterior materials will match the home, and there are existing trees along the southerly and easterly boundaries of the Subject Property where it abuts the public street and residential use properties to the east. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: Page 2 of 2 Location Variance & FOF: 503 Minnesota West St. 1. Based on Findings of Facts, a variance to locate a detached garage in the front yard is hereby granted. 2. That trees shall be maintained along the front and east boundaries to screen the detached garage. 3. The Applicant shall obtain a building permit prior to construction of the detached garage. 4. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 12th day of October 2020. CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Therese Haffner, City Administrator Page 1 of 1 Size Variance: 503 Minnesota West St. ST. JOSEPH PLANNING COMMISSION RESOLUTION 2020-008 A RESOLUTION APPROVING A VARIANCE TO THE SIZE REQUIREMENT FOR A DETACHED GARAGE IN A SINGLE-FAMILY RESIDENTIAL DISTRICT WHEREAS, Lisa Barker, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the size requirement established in St. Joseph Ordinance 502 on the property generally described as 503 Minnesota Street West, St. Joseph, Minnesota: (“Subject Property”) WHEREAS, The Planning Commission met on October 12, 2020 and reviewed the request for a variance and conducted the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on Findings of Facts, a variance of 168 Square Feet for a detached garage on the Subject Property is hereby granted. 2. That trees shall be maintained to along the front to screen the detached garage. 3. The Applicant shall obtain a building permit prior to construction of the detached garage. 4. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 12th day of October 2020. CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Therese Haffner, Community Development Director Page 1 of 2 Size Variance FOF 503 Minnesota West St. ST. JOSEPH PLANNING COMMISSION RESOLUTION 2020-009 A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A VARIANCE TO THE SIZE REQUIREMENT FOR A DETACHED GARAGE IN A SINGLE- FAMILY RESIDENTIAL DISTRICT WHEREAS, Lisa Barker, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the size requirement established in St. Joseph Ordinance 502 on the property generally described as 503 Minnesota Street West, St. Joseph, Minnesota: (“Subject Property”) NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That the Applicant appeared before the St. Joseph Planning Commission on October 12, 2020 who reviewed the variance request of 168 Square Feet from the size requirement and recommended denial of the variance. 2. That the Subject Property is zoned R-1 Single Family Residential District. 3. That a maximum of 10% of a lot or 1,350 Square Feet, whichever is lesser of accessory structures, including both attached and detached garages is allowed in the R-1 Single Family Residential District. 4. That there is an existing house on the Subject Property. 5. That there is an existing attached 618 Square Feet Garage and that a passenger truck does not fit in the garage. 6. That the Applicant is proposing to construct a 30’ x 30’ (900 Square Feet) detached garage on the Subject Property. 7. That the variance is inconsistent with the St. Joseph Comprehensive Plan. 8. That the variance is not harmony with the general purpose and intent of the Ordinance. 9. That the applicant must satisfy the statutory three-factor test for practical difficulties as defined by MN State Statute 462.357 and that All three factors must be satisfied to constitute practical difficulties. 10. That the Applicant has not established that All three practical difficulties criteria is met. Page 2 of 2 Size Variance FOF 503 Minnesota West St. 11. That the variance is not reasonable given that justification to be exempt from complying with St. Joseph Ordinance 502 related to maximum size allowed has not been established. 12. That the Applicant is allowed to construct a 732 Square Foot detached garage for storage needs complying with St. Joseph Ordinance 502. 13. That the property and building is not unique related to size for storage. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 12th day of October 2020. CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Therese Haffner, City Administrator NJ O -1 N OrDrD r+ O Lnr+ n a r v QrDr) fD O C: I 3Q. OO OW-1v O' rD D r, p 1rDOp7rDLn0r, 3 rD O r_r O O r r O A. v O 1)p r+ O f'1 Q rD C'n r+ p D O rD rtNrDCr-h r+ r+ S D DLnSfD S h 23 W nr+ m c: rD C. 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O D n — Q S . Q 3 LA O O v 3 ni ovOo3rD LnrDO : 3 rD v X 0 N X- d N h XrD ph N N O u'• CL O 3M < rD a" Q m N rD v D O -p nQQ77 L T 0 % a N 3 5 vn N Ln m 2. O D n — Q S . Q 3 LA O O v 3 ni ovOo3rDLnrDO : 3 rD v X 0 N X- d N h XrD ph N N O u'• CL O 3M < rD a" Q m N rD v D O -p nQQ77 1 PQ 0 CL co rD C) LnQ CD O 3 O O O mo 0 o O Q Planning Commission Agenda Item 5c MEETING DATE: September 12, 2020 AGENDA ITEM: Comprehensive Plan Compliance – Sale of Property Portion of PID: 84.53457.0005 SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Resolution finding the property sale in compliance with the Comprehensive Plan. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: MN State Statute requires the Planning Commission to review land transactions in relationship to their conformity with the City Comprehensive Plan. The City is proposing the sale of property located behind (east) the St. Joseph Government where Little Saints Academy operates through a lease agreement with the City. The City issued a Request for Proposal (RFP) for the sale for $600,000. The City received one proposal to purchase the property from Moxie Investments, LLC (Little Saints Academy). The city owned parcel is approximately 16.94 acres and would need to be subdivided into three lots and right-of- way requiring preliminary and final plan approval. The City purchased the property for the St. Joseph Government Center and a future community center. The proposed sale area is considered excess property. The proposed portion that would be sold is about 4 acres which includes the former Kennedy Community School building. Approximately, 8 acres would be platted for the future community center east of subject area proposed to be sold, while about 1.3 acres would be platted for the existing St. Joseph Government Center facility. Right-of-way would be dedicated where the streets currently are. The land use plan within the Comprehensive Plan guides the property for public and the property is zoned EE Educational Ecclesiastical. Little Saints Academy is a daycare and school which is consistent with the Comprehensive Plan and EE zoning district. ATTACHMENTS: Location Map Resolution 2020-010 REQUESTED PLANNING COMMISSION ACTION: Motion to Approve Resolution 2020-007 finding the property purchase is in compliance with the City Comprehensive Plan. This map is made available on an "as is" basis, w ithout express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). Auditor/TreasurerDivision of L and Manage ment±0 75 15037.5 Feet Data is as represented in Stearns County Databases, It is NOT Intended for Locational Use and Stearns Countywaives all liability from this product. Sale of Property-Portion of 84.53457.0005 October 9, 2020 PLANNING COMMISSION RESOLUTION 2020-010 RESOLUTION FINDING THE DISPOSAL OF REAL PROPERTY IN COMPLIANCE WITH COMPREHENSIVE PLAN A PORTION OF AUDITOR’S SUBDIVISION #04 WHEREAS, the City of St. Joseph, Minnesota, a Minnesota municipal corporation, hereinafter referred to as the “City” owns the real property described as a portion of Auditor’s Subdivision #04, St. Joseph, Stearns County Minnesota (“property”); and WHEREAS, the City has an interest in the disposal of property to accommodate public use, including educational development as permitted in accordance with the City Comprehensive Plan and established zoning designation; and WHEREAS, the City Comprehensive Plan guides the property for Public to allow for educational use; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA: That disposal of the property is consistent and in compliance with the City Comprehensive Plan. Whereupon said resolution was declared duly adopted by the St. Joseph Planning Commission this 12th day of October, 2020. CITY OF ST. JOSEPH By ______________________________ Chad Hausmann, Chair ATTEST By ______________________________ Therese Haffner, City Administrator