HomeMy WebLinkAbout04_11_22_PC packet
CITY 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, April 11th, 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 – March 14th, 2022 5. Old Business
a. PUBLIC HEARING - Wedding/Special Event venues within Rural Residential areas
6. New Business a. Joint Planning District Board termination
7. Other Business 8. Adjourn
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March 14th, 2022
Page 1 of 1
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met On Monday, March 14th, 2022 at 6:02 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Carmie Mick, Keith Louwagie, Bob Loso, Chair Gina Dullinger, Adam Scepaniak
Absent: Anne Jarrell
Staff Present: Nate Keller, Community Development Director
Approval of the Agenda: Louwagie made a motion to approve the agenda. The motion was
seconded by Scepaniak and passed unanimously by those present.
Approval of the Minutes: Dullinger made a motion to approve the minutes of February 14th, 2022.
The motion was seconded by Mick and passed unanimously by those present. Loso abstained.
New Business: a. New Member Introduction Commission members introduced one another as there are new members.
b. Transportation Plan Update Keller provided background on the transportation plan. The Commission was asked for input on the sidewalk/trail map which identifies gaps in the transportation network. The Commission agreed with the current plan as is. Old Business: Wedding/Event venues within Rural Residential Areas Commission members resumed discussion from the February 14th meeting, with specific emphasis on rural residential areas. Keller brought forth Staff research that identified areas for discussion such as, amendments to City Code, recommendations for Conditional Use Permits, acreage requirements, noise, safety/parking and the use of collector streets as a rule. The Commission discussed new construction versus existing structure, fire suppression, utilities, noise and impacts to the surrounding areas. Discussion also included collector roads, ordinance language, Conditional Use Permits, acreage requirements, effective and consistent enforcement, along with a number of scenarios. The Commission requested that Staff highlight on the zoning map those Rural Residential locations fitting the criteria of collector streets. The Commission would like a summary of the annexation agreement as well. Keller will email this agreement out to members. Other Business: Keller reminded the Commission of the All City/Board Meeting on Tuesday, March 22nd, and updated the Commission on a Distillery. Adjourn: Dullinger moved to adjourn the meeting at 7:05 PM. The motion was seconded by
Louwagie and the motion carried.
Minutes approved by: Nate Keller Community Development Director
Planning Commission Agenda Item 06a
MEETING DATE: March 14th, 2022 AGENDA ITEM: 05a – Wedding/Special Event Venues within Rural Residential areas SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Staff is open to a zoning amendment provided certain conditions are met PREVIOUS PLANNING COMMISSION ACTION: Discussion occurred at Feb. 14th and March 14th meetings. Commission agreed to continue discussion at the April meeting. BACKGROUND INFORMATION: A formal ordinance amendment application has been submitted to the city. The application requests Wedding/Event Venues to be allowed in Rural Residential areas through a Conditional Use Permit process. The Commission has had numerous discussions at both the Feb. and March meetings on the topic. The current city code for Rural Residential does not allow this use. If the ordinance request is supported staff at minimum recommend the following:
• A clear definition should be developed to clearly define the use. Often uses like “event venue” can blur a grey line and the use should be clearly defined.
• Venues within Rural Residential district shall only be allowed through a Conditional Use permit.
• Ensure the ordinance can be enforced. Often venues are busiest during weekend and night hours – the city needs to be sure effective and consistent enforcement can occur during these “off” hours
• Connection to utilities regardless of capacity should be required
• Minimum acreage requirements. A use like this should have plenty of space and room away from residential homes and minimum lot size will help provide adequate separation.
• Use should only be allowed along a minor arterial functional classification of street to ensure traffic does not become a nuisance (all parking should be contained within the site). A minor arterial street is meant to “service vehicle trips in and out of the regional area”. Considering a “Special Event facility” is meant to attract and bring vehicle trips from in and out of the region a street defined as a minor arterial or higher meets the demands of the use. Our existing event venues in St. Joseph are located in districts like B-2 Commercial highway where the use is located on minor arterial roadways. Attached is a map of the transportation system showing the collector and arterial streets.
• Minimum screening/landscaping requirements and stricter setbacks for structures and parking lots (more stringent screening can also be placed as part of a Conditional use)
• Requiring that a primary residential use be located on the same parcel. This ensures the use and character remains residential with the Special event being more accessory in nature.
If a residential use is not required staff is concerned the character of the “Rural Residential” area may be impacted. Stand alone event facilities would be better located in commercial districts so as such be steered that direction with this requirement.
Staff also reached out to Stearns County Assessors with the question of: “how does the assessor’s office handle a use that has an event venue along with a residential use; specifically, if an old barn is converted
or if a new event facility is built in a Rural Residential zoned area”. The response was:
• We (Stearns County) splits the classification based on what is being used “commercially.” Most likely the barn and immediate surrounding acre would be classed as commercial and the rest would remain as residential or agricultural. No value would change unless the barn was
remodeled or fixed up. In regards to requiring utilities the following goals from the city’s Comprehensive Plan support requiring
utility extension:
• Land Use Chapter
o Goal 3: Promote Sustainable development
Strategy 3.2 Support orderly growth. Provide for an orderly and efficient transition from rural to urban land uses. Plan for growth areas that reflect city
priorities for development staging and contiguous,, planned extension of public infrastructure. o Goal 5: Promote efficient land development and management of growth
Strategy 5.2 Support land use and zoning decisions, policies, ordinances and improvements that are based on Smart Growth Principles.
• Community Facilities and Utilities Chapter o Goal 3 Provide potable water, sanitary waste collection, and surface water management to existing and future development in a cost-efficient and environmentally responsible
manner
Strategy 3.3 For expansion of public services, new developments should be located in areas adjacent to existing development within the city limits, primarily downtown and in urban and suburban areas
Strategy 3.7 Carefully review and limit development in areas that require private sewer and water systems, or high levels of public water and sewer services ATTACHMENTS: 1. Ordinance amendment application 2. Written narrative submitted by applicant 3. Rural Residential Ordinance 4. Zoning map showing property sizes in RR areas 5. Transportation map 6. Definitions of street classifications (from Transportation Plan) 7. Ordinance doc (staff drafted) REQUESTED PLANNING COMMISSION ACTION: 1. Discussion on proposed ordinance amendment
2. Open public hearing (Commission can choose to continue the public hearing at the next meeting or close public hearing) 3. Motion on the proposed ordinance. Commission can extend the discussion to next month or take formal action/recommendation at tonight’s meeting.
Zoning map with approximate lot sizes
Estimates:
•19 properties greater than 50 acres
•22 properties greater than 40 acres
St. Joseph Zoning Text Amendment Page | 1
Application for Zoning Amendment - Text
APPLICANT INFORMATION:
Applicant
Phone: Email:
Mailing Address:
Property Owner:
Phone: Email:
Mailing Address:
PROJECT INFORMATION:
Parcel Identification Number (PIN):
Legal Description of Property:
Description of Request:
Ordinance & Section Number of Proposed Amendment:
Submission Requirements: Application for a zoning text amendment shall be on this form and include the established application fee. A
complete application must be submitted three (3) weeks prior to the next Planning Commission meeting for which you wish to be heard. The following materials must be submitted with your application in order to be considered complete.
Identification of the existing ordinance language proposed for Amendment to include:
Ordinance and Section Number
Existing Text of the Section
Proposed Language for Ordinance Amendment. Identification of the proposed substitute wording for
the zoning text.
Written Narrative describing your reason for requesting the text Amendment including:
How you would be impacted by the zoning text amendment?
How the text amendment meets the intent of the Comprehensive Plan?
How the text amendment will impact the zoning code?
How the text amendment will impact the subdivision code?
St. Joseph Zoning Text Amendment Page | 2
APPLICATION FOR ZONING AMENDMENT - TEXT In accordance with the provisions of Minnesota State Statutes, the City Council may from time to time adopt amendments to the zoning ordinance. An amendment to the zoning ordinance involves changes in its text and
wording, including but not limited to, changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administrations, and/or procedures. Text amendments do not include the rezoning of property.
PROCEDURE
Review and Recommendation by the Planning Commission. The Planning Commission shall hold a public
hearing and consider oral or written statements from the applicant, the public, city staff, or its own members. The Planning Commission shall review the zoning text amendment request and a recommendation shall be made
to the City Council to approve, disapprove or continue the application.
Review and Decision by the City Council. The City Council shall review the application after the Planning
Commission has made its recommendation. The City Council is the only body with the authority to make a final
determination and either approve or deny the application.
We, the undersigned, have read and understand the above.
Signature of Applicant Date
Signature of Owner (if different than Applicant) Date
Submit completed application to City Offices, 75 Callaway St E, St. Joseph, MN 56374
FOR OFFICE USE ONLY
Fee: $500 Paid
Date application submitted: Date application completed:
Planning Commission Recommendation: Approved Denied Date of Action:
City Council Action: Approved Denied Date of Action:
Date Applicant/Property owner notified:
Proposed Language for Ordinance Amendment
Section 502.27: RR – Rural Residential District
Application for Zoning Amendment
(Written Narrative)
An amendment to the existing uses of real property zoned Rural Residential would permit another style of business to operate within the community of St. Joseph, Minnesota. We look forward to working with a City that embraces an enhanced view of the future and visualizes the
benefits to the community derived from a business that we hope to locate within the city. Current
ordinance wording does not allow our vision to materialize.
St. Joseph offers a unique combination of history, beauty, accessibility, and resources. Allowing an Event Center to operate in an existing rural residential setting could attract even
more visitors than already come here to experience the gem we know as “St. Joe.” Drawing in
these guests from near and far will bring a complementary need for food, entertainment, and lodging within the city. Think of the requested amendment as permitting an Event Center similar to a public park or a recreational facility with the benefit of a protective club house location in a picturesque rural residential setting.
Even with the modest ordinance change now being request, the goal is to maintain
suitable boundaries for urban, rural residential, and agricultural areas and to prevent premature urban development until installation of streets, utilities, and demand supports increased urban development.
The intent remains 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. In permitting this use, it would discourage incompatible land uses through effective land use control. We would recognize appropriate areas for commercial, industrial and non-farm rural residential developments as well as coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth as identified in the current City of St. Joseph Comprehensive
Plan.
The impact to zoning code would be to allow a wedding focused event center in rural
residentially zoned area per a conditional use permit.
ORDINANCE 502 – ZONING ORDINANCE
502.27-1
ORDINANCE NO_2022-001__ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING SPECIAL EVENT FACILITIES WITHIN RURAL RESIDENTIAL AREAS CITY OF SAINT JOSEPH COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.04 and 502.27 Subd. 5 by adding “Special Event Facility” as a new definition and as a permitted conditional use in the Rural Residential district. Amendment: 502.04 and 502.27 Subd. 5 are hearby amended as follows: Section 502.04: RULES AND DEFINITIONS
Definitions to add Special Event Facility - a facility designed to house a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner
that takes place on a periodic basis and involves the gathering of individuals for the common
purpose of attending a special event. Special event facilities are subject to a use agreement
between a private group or individual and the facility/property owner.
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 the demand exists for such development.
ORDINANCE 502 – ZONING ORDINANCE
502.27-2
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: 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 feedlots 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 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 clearly incidental and secondary to the residential use of the premises, and shall only include
ORDINANCE 502 – ZONING ORDINANCE
502.27-3
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
family 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 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) 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.
ORDINANCE 502 – ZONING ORDINANCE
502.27-4
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.
m) Special Event Facility provided the following minimum requirements are met: a. The facility shall be located on the same parcel as the owner’s primary residence (dwelling).
b. The site shall be located on a minor arterial or higher functional classification
of street as defined in the City’s Transportation plan c. The facility shall be located on a parcel that is a minimum of 40 acres in size d. Any structures and parking areas associated with the Special Event Facility shall be setback 100 feet on all sides, front, and rear property lines e. Facility shall be connected to city water and sewer services
f. Building and parking shall be buffered from adjacent residential uses with landscaping, fencing, or other acceptable methods in accordance with the city’s screening and landscaping requirements. g. All off-street parking requirements shall be met
h. The city may place stricter restrictions on the use depending on the unique
circumstances and parcel features 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 and the like subject to other applicable sections of this Ordinance. b) Portable asphalt and concrete 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 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.
ORDINANCE 502 – ZONING ORDINANCE
502.27-5
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, and shingles 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 any lot prior to the time of construction of the principal building to which it is accessory.
v. Detached accessory buildings, excluding Agriculture Buildings shall not
exceed twenty (20) feet in height in residential subdivisions. 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 in compliance with Section 502.12 Subd. 4. For an in-
ground pool, an automatic pool cover can be used in lieu of fencing requirements provided it is certified and complies with ASTM (American Society of Testing and 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. 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:
ORDINANCE 502 – ZONING ORDINANCE
502.27-6
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 are residences upon only one side, then it shall 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: 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 not less 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 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. 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 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:
ORDINANCE 502 – ZONING ORDINANCE
502.27-7
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. Animal density allowance shall follow the Urban Expansion zoning district in the Stearns 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 a nuisance generating complaints from neighbors.
b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted without 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 Ordinance 1003, 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 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 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. f) Fences. Properties shall be exempt from the City Fence Ordinance, except for those in a residential subdivision.
g) Driveway and Parking Areas. Properties shall be exempt from the City Off Street Parking Ordinance. Driveway and parking areas shall follow Stearns County Land Use and Zoning Ordinance.
ORDINANCE 502 – ZONING ORDINANCE
502.27-8
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.
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 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:
ORDINANCE 502 – ZONING ORDINANCE
502.27-2
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 feedlots 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 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 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 family 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 to construction, setback and use).
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 and the like subject to other applicable sections of this Ordinance.
b) Portable asphalt and concrete 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,
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, and shingles 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 any lot prior to the time of construction of the principal building to which it is accessory.
v. Detached accessory buildings, excluding Agriculture Buildings shall not exceed twenty (20) feet in height in residential subdivisions. 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 in compliance with Section 502.12 Subd. 4. For an in-ground pool, an automatic pool cover can be used in lieu of fencing requirements provided it is certified and complies with ASTM (American Society of Testing and 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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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 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 are residences upon only one side, then it shall 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: 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 not less 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 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. 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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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 per household.
ii. Farms animals including but not limited cattle, horses, hogs, chickens, geese, sheep, goats, pigs, ducks and turkeys shall be allowed. Animal density allowance shall follow the Urban Expansion zoning district in the Stearns 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 a nuisance generating complaints from neighbors.
b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted without 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 Ordinance 1003, 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 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 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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f) Fences. Properties shall be exempt from the City Fence Ordinance, except for those in a residential subdivision.
g) Driveway and Parking Areas. Properties shall be exempt from the City Off Street Parking Ordinance. Driveway and parking areas shall follow Stearns County Land 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.
Planning Commission Agenda Item 06a
MEETING DATE: April 11th, 2022 AGENDA ITEM: 06a – Joint Planning District Board termination SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Staff recommends approval of resolution. PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION: The St. Cloud Area Joint District Plan (JDP) was created to facilitate Regional Community Based
Planning. The plan was a pilot program ran through the Community-based Planning Act and funded by the 1997 legislature. In November of 1997 eight jurisdictions entered into a joint powers agreement to complete the pilot program. From the pilot program a district board was created to oversee development of the Plan. The purpose of the JDP was to address the following community concerns: 1. Rapid, unplanned growth 2. Lack of integrated, regional transportation system 3. Balance agricultural issues with urban development 4. Need for multiple jurisdictional cooperation and need to find proper governance system 5. Equitable, efficient distribution of wastewater treatment facility cost and services Communities involved:
• Counties – Stearns, Benton, Sherburne
• Cities: St. Cloud, St. Joseph, Sartell, Sauk Rapids, and Waite Park The JDP was developed based on the 11 Goals of Community Based Planning – none of which exist
today in Statute. The JDP accomplished many things including:
• each community within the JDP has their own Comprehensive Plan
• Orderly annexation agreements exist within the regional area
• St. Cloud APO coordinates transportation initiatives in the region
• Plan laid the groundwork in balancing the growth needs with agricultural preservation by establishing density requirements, subdivision regulations, feedlot regulations, and other consistent land development practices
• The Life Cycle Housing Joint Powers Agreement created as a Subcommittee of the JDP helped provide an innovative approach to construction of affordable rental and owner-occupied housing
across the metro area Since the goals of the JDP has been accomplished area cities are being asked to terminate the JDP. The Joint Board has not met since 2015. All of the Communities involved will be acting on this termination in April with all expected to adopt the resolution. ATTACHMENTS: 1. Resolution terminating the JPDB REQUESTED PLANNING COMMISSION ACTION: 1. Recommend to approve the resolution terminating the JPDB
Page 1 of 1
RESOLUTION 2022-AAA AMENDING AND TERMINATING THE ST CLOUD AREA JOINT PLANNING DISTRICT JOINT POWERS AGREEMENT WHEREAS, Minnesota Statute 394.232 created the St. Cloud Area Joint Planning District Plan, the first demonstration project under Minnesota’s Community Based Planning Act; and
WHEREAS, the Cities of St. Cloud, Sartell, Sauk Rapids, St. Joseph, and Waite Park and the Counties of Benton, Sherburne, and Stearns joined together to create the St. Cloud Area Joint Planning District whose mission was to develop a comprehensive and coordinated plan for the growth of the St. Cloud metropolitan area; and WHEREAS, a comprehensive community-based plan was adopted by the Joint Planning District Board and said local government units in May of 2000; and WHEREAS, the cities and counties participating in the St. Cloud Area Joint Planning District subsequently completed and are updating their individual comprehensive plans in a timely manner with intentional engagement of regional stakeholders; and
WHERAS, the cities, counties, and townships within the St. Cloud Area Joint Planning District are consistently utilizing orderly annexation agreements, joint powers agreements, and joint planning boards to foster orderly urban expansion; and WHERAS, the cities, counties, and townships within the St. Cloud Area Joint Planning District are working cooperatively to plan for and implement regional transportation, utilities, and park projects connecting and crossing jurisdictional boundaries; and WHEREAS, termination of the St. Cloud Area Joint Planning District Joint Powers Agreement and the Joint Planning District Board does not preclude the participating jurisdictions from sustaining in new forms and initiatives the regional commitment to cooperative planning; WHERAS, Article II.11 of the St. Cloud Area Joint Planning District Joint Powers Agreement enables amendments of said document by vote of all Joint Planning District Board members; and WHERAS, Article VII establishes a procedure for termination of the Joint Planning District Joint Powers Agreement and the Joint Planning District Board by vote of all Joint Planning District Board members; and. WHEREAS, the Joint Planning District Board is no longer seated nor meets to conduct business. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH that Article VII of the St Cloud Area Joint Planning District Joint Powers Agreement is amended to grant
individual members full authority to terminate said agreement without hearing or action of the Joint Planning District Board. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH that that the St. Cloud Area Joint Planning District Joint Powers Agreement is terminated and the St. Cloud Area Joint Planning District Board dissolved. Adopted this 11th day of April, 2022 CITY OF ST. JOSEPH Mayor, Rick Schultz ATTEST Therese Haffner, City Administrator