HomeMy WebLinkAbout02_14_22_PC packetCITY OF ST. JOSEPH
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, February 14th, 2022 6:00 PM St. Joseph Council Chambers 75 Callaway St E **The meeting will also be available through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Agenda Review and Adoption
4.Approve Minutes – January 10th, 2021
5.New Business
a.Wedding Venues within Rural Residential areasb.Model Resolution Supporting Local Decision Making Authority
6.Old Business
7.Other Business
8. Adjourn
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1
January 11th, 2022
Page 1 of 2
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met On Monday, January 11th, 2022 at 6:01 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Carmie Mick, Gina Dullinger, Anne Jarrell
Absent: Bob Loso
Staff Present: Nate Keller Community Development Director
Approval of the Agenda: Dullinger made a motion to approve the agenda. The motion was seconded
by Mick and passed unanimously by those present.
Approval of the Minutes: Mick made a motion to approve the minutes of December 13th, 2021. The
motion was seconded by Jarrell and passed unanimously by those present.
New Business: a.Appoint Chair and Co-Chair
These are volunteer positions. Two members volunteered.
Dullinger motioned to appoint herself to serve as Chair and Carmie Mick as Co- Chair; seconded
by Osterman and passed unanimously.
b.Public Hearing, Variance side yard setbacks FrielerGerald Frieler has submitted a request for a variance for a property at 713 1st Ave SW. This is zoned R-1single family. City ordinance 502.30 Subd. 6 B) requires all single-family homes to be setback at least 10’from interior side lot lines. Mr. Frieler is proposing to be 8.66’ from the North and South side lot line. Kelleralso made note that 502.12 Subd. 6 H requires properties zoned R-1 to have an attached or detachedgarage that is at least 20 feet in width and 22 feet in depth.
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 variance will be permitted only if conditions are met. Those conditions are listed in the Planning Commission Packet.
Dullinger opened the public hearing at 6:07 PM.
Gerald Frieler, 140 Colman Court, spoke regarding his request. He is the owner of the land at 713 1st Ave SW. The home that will be on this property is a manufactured home with an attached garage. The desire for an attached garage is one of the reasons they are planning to move to the 1st Avenue location from their current home. Initially when they looked at the lot, they had thought they had enough space based on the dimensions that were provided to them. He shared that a foot and a half does not sound like a lot of space for this consideration.
Dullinger closed the public hearing at 6:09 PM, as no one else wished to speak.
The Commission discussed the proposed location of the home and garage, drainage, fencing and
character of the neighborhood. They also discussed how the landowner’s situation fits into language of State Statute 462.357.
Dullinger motioned to approve Resolution 2022-A Adopting Findings of Facts and Approve a Variance to the Interior Side yard Setback Requirements in a R-1 Zoned District so long as the
Resolution is amended to include information on the City requirements as they relate garage
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January 11th, 2022
Page 2 of 2
requirements; seconded by Jarrell and passed unanimously. Staff will add the language regarding
the garage.
Old Business: None. Keller shared that there will be two new Planning Commission members appointed by the City Council at the next regular Council meeting.
Other Business: None. Keller shared that in the recent EDA work session continued redevelopment of the downtown area was one of the topics. Currently some residential properties are converting to commercial downtown zoned properties. Additionally, there is some preliminary discussion of attracting a boutique hotel within the downtown area.
Adjourn: Dullinger moved to adjourn the meeting at 6:21 PM. The motion was seconded by Mick
and the motion carried.
Nate Keller Community Development Director
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Planning Commission Agenda Item 05a
MEETING DATE: February 14th, 2022
AGENDA ITEM: 05a – Wedding Venues within Rural Residential areas
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Staff is open to a zoning amendment
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION: Staff would like to discuss the possibility of allowing Wedding Venues within Rural Residential areas.
The topic started when staff received an inquiry for land within a Rural Residential property. Wedding venues specifically the conversion of old barns into event space or venue space has been quite popular recently. Many venues are located in Agricultural or Rural areas where there is plenty of space, separation from homes, screening, and privacy.
The Rural Residential district does not allow wedding or event venues as a permitted or conditional use. Questions for the Planning Commission include:
•Is the use compatible in a Rural Residential district, what concerns may result from allowing the use, what if any limitations should be placed, and should the city allow this in rural areas
If an ordinance amendment was presented to the city at minimum staff would recommend:
•Venues within Rural Residential district shall only be allowed through a Conditional Use permit. A conditional use allows the city to place specific (reasonable) conditions unique to the individual project (on top of other minimum requirements). Conditions would help address any specific concerns tied to a project.
•Minimum acreage requirements. Staff does not have a set minimum to recommend at this time however a 40 – 50-acre requirement would not be unordinary. Reason for the acreage requirement is so a use like this is not allowed in a clustered Rural Residential district where size of lots may be 10 acres or less and homes are clustered together in a more suburban pattern. A use like this should have plenty of space and room away from residential homes and minimum lot size will help provide adequate separation
•Connection to utilities. Building code stipulates venues that cater to more then 300 people to be fully sprinkled. Connection to utilities also provide effective long-term planning. Connection to utilities follows city standards.
•Minimum screening requirements and setbacks (more stringent screening can also be placed as
part of a Conditional use)
ATTACHMENTS: 1. Rural Residential Ordinance
2.Zoning map
REQUESTED PLANNING COMMISSION ACTION: Discussion and input only at this time.
4
ORDINANCE 502 – ZONING ORDINANCE
502.27-1
Section 502.27: RR - 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 thedemand 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 ruralresidential developments.3. Coordinate infrastructure expansion with development; and encouragedevelopment 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 agriculturalproducts.
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 inprocessing agricultural products. An agricultural operation shall also include certainfarm activities and uses as follows:
5
ORDINANCE 502 – ZONING ORDINANCE
502.27-2
a.Chemical and fertilizer sprayingb.Farm machinery noise
c.Extended hours of operation
d. Storage and spreading of manure and biosolids under state permite.Open storage of machineryf.Odors produced from normal farm activitiesg.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 forthe 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 withinthe 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 notbe considered animal feedlots. Animal feedlots shall include any manure storage
structure.
d) Home Extended Business: An occupation or profession engaged in by the occupant ofa dwelling unit within said unit or accessory structure which involves the storage of alimited number 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 clearlyincidental and secondary to the residential use of the premises, and shall only includethe 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 singlefamily residential lots establishing a residential neighborhood. Areas include 1st
Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine
Lane, Forest Manor Addition, 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 toconstruction, setback and use).
6
ORDINANCE 502 – ZONING ORDINANCE
502.27-3
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) Essential Services, Transmission Services and Utility Substations
b)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 with over four dogs.
h)Cemeteries
i)Facilities for retail or wholesale trade connected with nursery or tree farms
j)Places of Worship
k) Public and private schools
l)Residential care facilities serving 7-16 residents.
Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a)Mining, and extraction of minerals, sand, gravel and other granular materials andthe like subject to other applicable sections of this Ordinance.
b)Portable asphalt and concrete mixing plants within extractive uses. The interimuse permit issues shall include, but is not limited to, the following conditions:provisions for adherence to pollution control standards, hours of operation,
7
ORDINANCE 502 – ZONING ORDINANCE
502.27-4
setbacks, haul roads, areas where the plant is to be located and slopes. The interim use permit required for portable asphalt and concrete 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) Detached Accessory Buildings on residential properties shall be exempt from
Section 502.12 Subd. 1 of this Ordinance and shall meet the following:
i.. The size of the detached accessory building shall not exceed five (5) percent of the total lot area in a residential subdivision. Properties that are
less than 27,000 square feet in size shall comply with R-1 district
accessory building size requirements.
ii. The same or similar exterior building material, such as siding, andshingles shall be used on the accessory building as the principal building
in residential subdivisions.
iii.No detached accessory building nor structure shall be constructed on anylot prior to the time of construction of the principal building to which it isaccessory.
v.Detached accessory buildings, excluding Agriculture Buildings shall notexceed twenty (20) feet in height in residential subdivisions.
b)Agricultural Buildings
c)Operation and storage of vehicles, machinery and equipment which is incidentalto permitted or special uses allowed in this district.
c)Home occupations per Section 502.16.
d)Private swimming pools in compliance with Section 502.12 Subd. 4. For an in-ground pool, an automatic pool cover can be used in lieu of fencing requirementsprovided it is certified and complies with ASTM (American Society of Testingand Materials) F1346-91 standard, or successor standard.
e)Private sports courts i.e. tennis, basketball, etc.
f)Personal amateur radio and television antennas and satellite dish antennas.
g) Dog kennels with four or fewer dogs, must be in the side or rear yard.
Subd. 8: Lot Area Requirements.
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ORDINANCE 502 – ZONING ORDINANCE
502.27-5
a) Minimum area 10 acres - 435,600 square feet.
b)Minimum lot width 300 feet at the building setback line.
Subd. 9: Setback Requirements.
a)Front Yard Setback: The front yard setback shall not be less than 30 feet, 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 agreater or less depth of front yard in which instance no buildings shallproject beyond a straight line drawn between the point closest to the streetof the residence upon either side of the proposed structure or,
ii)If there are residences upon only one side, then it shall be on the straightline 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: The side yard setback shall not be less than fifteen (15) feet,except corner lots on which the side yard on the intersecting street shall be notless than thirty (30) feet.
c) Rear Yard Setback: The rear yard setback shall not be not less than thirty (30)feet.
d) Detached accessory structures shall not be less than ten (10) feet from the side and
rear lot lines, except corner lots on which the side yard on the intersecting street
shall not be less than twenty (20) feet.
Subd. 10: Height Requirements.
a)Buildings, other than agriculture buildings, shall not exceed forty (40) feet in
height, except as hereinafter provided.
b)Public or semi-public or public service buildings, hospitals, institutions or schoolsmay 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 theheight 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. The Rural Residential zone applies to properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation
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ORDINANCE 502 – ZONING ORDINANCE
502.27-6
Agreement. Properties in this area are rural in nature and have not been impacted by urban development and shall be exempted from certain requirements applicable in other zones that
have been developed to an urban density. The exemptions for the properties annexed to the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the annexed properties are taxed at the full City tax rates. 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 perhousehold.
ii.Farms animals including but not limited cattle, horses, hogs, chickens,geese, sheep, goats, pigs, ducks and turkeys shall be allowed. Animaldensity allowance shall follow the Urban Expansion zoning district in theStearns County Land Use and Zoning Ordinance.
iii.Licenses shall not be required for domestic dogs.
iv.Animals shall be allowed to run at large unless this issue becomes anuisance generating complaints from neighbors.
b)Hunting/Firearms. Recreational firearm and bow arrow usage will be permittedwithout a city 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.
c)Burning. Properties zoned Rural Residential shall be exempt from Ordinance1003, Fire and Burning regulations provided:i.Any open burning must be approved and permitted by the MN DNR.
d) Wood Burning Stoves: Properties located in the Rural Residential zoning districtmay 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 installationc.All stoves must meet the MPCA Guidelines
e) 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.
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ORDINANCE 502 – ZONING ORDINANCE
502.27-7
f)Fences. Properties shall be exempt from the City Fence Ordinance, except forthose in a residential subdivision.
g)Driveway and Parking Areas. Properties shall be exempt from the City Off StreetParking Ordinance. Driveway and parking areas shall follow Stearns CountyLand Use and Zoning Ordinance.
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.
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ZONING DISTRICTS
St. Joseph, Minnesota
FIGURE 1Print Date: 7/12/2021
This map is neither a legally recorded map nor a survey map and is not intended to be used asone. This map is a compilation of records, information, and data gathered from various sourceslisted on this map and is to be used for reference purposes only. SEH does not warrant that theGeographic Information System (GIS) Data used to prepare this map are error free, and SEHdoes not represent that the GIS Data can be used for navigational, tracking, or any otherpurpose requiring exacting measurement of distance or direction or precision in the depiction ofgeographic features. The user of this map acknowledges that SEH shall not be liable for anydamages which arise out of the user's access or use of data provided.
Agricultural
Supportive Care District
Central Business District
Educational and Ecclesiastical
General Business
Highway Business
Light Industrial
Public
Future Public
Single Family Residential
Two Family Residential
Multiple Family Residential
Rural Residential
Townhouse - Patio Home Residential
(PUD) Planned Unit Development
12
Planning Commission Agenda Item 05b
MEETING DATE: February 14th, 2022
AGENDA ITEM: 05b – Model Resolution Supporting Local Decision Making Authority
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Staff supports the model resolution
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
The League of MN Cities is asking cities to pass a model resolution which supports local authority
decision making specifically in regards to zoning/land use. Every community is unique and areas within
one community can differ greatly. Allowing cities to zone and control land use at the local level creates
unique developments that is respectful and conducive to the conditions that apply to the land, community,
or area.
If legislation is passed that limits or restrict cities ability to zone and guide land use we may be left with a
one size fits all state approach that severely limits local control and zoning.
ATTACHMENTS: 1.League of MN Cities Model Resolution
More information/background can also be found at:
https://www.lmc.org/advocacy/how-to-advocate/advocacy-toolkit-housing-and-development/
REQUESTED PLANNING COMMISSION ACTION:
Staff requests a recommendation on the Resolution
13
RESOLUTION #______
A RESOLUTION SUPPORTING HOUSING AND LOCAL DECISION-MAKING AUTHORITY
WHEREAS, local elected decision-makers are in the best position to determine the health, safety, and welfare regulations that best serve the unique needs of their constituents; and
WHEREAS, zoning regulation is an important planning tool that benefits communities economically and socially, improves health and wellness, and helps conserve the environment; and
WHEREAS, local zoning regulation allows communities to plan for the use of land
transparently, involving residents through public engagement; and
WHEREAS, cities across the state are keenly aware of the distinct housing challenges facing
their communities and they target those local housing challenges with available tools; and
WHEREAS, multiple bills restricting local decision-making related to housing have been
introduced in the 2021-2022 biennium; and
WHEREAS, the city of St. Joseph Planning Commission recommended to support this resolution at their February 14th, 2022 meeting; and
WHEREAS, the city of St. Joseph Economic Development Authority recommended to support this resolution at their February 15th, 2022 meeting; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF St. Joseph, MN that this Council supports local decision-making authority and opposes legislation that restricts the ability for local elected officials to respond to the needs of their
communities.
LET IT ALSO BE RESOLVED that this Council supports housing policy that advances
solutions to support full housing spectrum solutions, local innovation, incentives instead of mandates, and community-specific solutions throughout Minnesota.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 22nd day of February, 2022. CITY OF ST. JOSEPH
By Rick Schultz, Mayor ATTEST
By Therese Haffner, City Administrator
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