Belle Plaine Orderly Annexation Board Meeting - February 24, 2021 6:00PM - Scott County
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Belle Plaine
Orderly Annexation
Board Meeting
February 24, 2021
6:00PM
Belle Plaine City Hall
218 North Meridian Street
Belle Plaine, MN 56011
218 North Meridian Street
Belle Plaine, MN 56011
952 873-5553
www.belleplainemn.com
Belle Plaine
Orderly Annexation Meeting
Wednesday, February 24, 2021
AGENDA
I. ROLL CALL AND INTRODUCTIONS
II. APPROVAL OF PAST MINUTES FROM MAY 6, 2020
III. PUBLIC HEARING 6:00 PM MANTHE REZONING (PL#2020-011)
A. Request to Rezone 80 Acres from A-1, Agricultural Preservation District, to
UER-C, Urban Expansion Reserve Cluster District
Location: Section 13
Township: Belle Plaine
Current Zoning: A-1
IV. PUBLIC HEARING 6:05 PM VALLEY PAVING INTERIM USE PERMIT (PL#2020-
004)
A. Request for Interim Use Permit to Operate a Temporary Asphalt Plant during
the 2021 Construction Season
Location: Section 4 & 5
Township: Belle Plaine
Current Zoning: UER
V. GENERAL AND AJOURN
CITY OF BELLE PLAINE
BELLE PLAINE TOWNSHIP
ORDERLY ANNEXATION MEETING
MAY 6, 2020
I. ROLL CALL AND INSTRODUCTIONS
The Orderly Annexation Joint Annexation Board for the City of Belle Plaine and Belle Plaine Township
met on Wednesday, May 6, 2020 at City Hall, 218 North Meridian Street, Belle Plaine, MN. Chair Meyer
called the meeting to order at 6:15 PM with Commissioners Ashley Cauley, David Entinger, Myron
Bratsch and Tom Wolf present.
Also present were Scott County Associate Planner Nathan Hall, Community Development Director Smith
Strack and City Administrator Meyer.
II. APPROVRAL OF PREVIOIUS MEETINGS(S) MINUTES FROM MARCH 11, 2020.
Commissioner Wolf inquired if Ted Kornder should be included in the minutes. Community Development
Director Smith Strack confirmed he was at the meeting but not included in roll call. Commissioner
Entinger inquired about two mining requests. Commissioner Cauley explained the statement reads as this
is the second mining request on the property, not two mines.
MOTION by Commissioner Cauley, second by Commissioner Bratsch, to approve the minutes of March
11, 2020. ALL VOTED AYE. MOTION CARRIED.
III. PUBLIC HEARING 6:15 PM LAVANDER REZONE REQUEST
Chair Meyer introduced the agenda item as a request for rezoning of 40 acres from Urban Expansion
Reserve, UER, to Urban Expansion Reserve Cluster District, UER-C.
Community Development Director Smith Strack explained the property is guided as Urban Expansion in
the 2040 Comprehensive Plan as it is within the Belle Plaine Township and City of Belle Plaine Orderly
Annexation Area. Smith Strack explained the property consists of an existing farmstead surrounded by
open agricultural land to the west and to the east, as well as woodland in the northwest and the
headwaters of a small tributary in the north east. Smith Strack explained required public hearing notices
were mailed to all adjacent property owners within ½ mile of the project and noted Scott County Associate
Planner Nathan Hall is present and will review the request.
Associate Planner Hall presented a slideshow which reviewed the request. Hall explained Candee
Lavendar has requested to rezone 40 acres from Urban Expansion Reserve to Urban Expansion Reserve
Cluster District. Hall explained the intent of rezoning is to allow the existing farmstead to be split off from
the surrounding agricultural land. Hall noted parcels greater than 40 acres can be subdivided
administratively; however, the rezoning is required to allow a parcel less than 40 acres to be created. All
explained the property owner is proposing to create a 5-acre parcel around the existing home and
agricultural buildings, with the proposed farmstead parcel also containing a small wooded and wetland
area. Hall noted the remaining 32.16 acres’ parcel would surround the 5-acre parcel on three sides. Hall
explained and environmental compliance inspection was completed on the existing home and found the
septic system non-compliant as it discharges to a tile line. Hall explained the County Septic Ordinance
requires a primary and an alternate septic site location to be identified. Hall explained the Belle Plaine
Township recommended approval of the request at their March meeting and noted based on the project
information submitted by the applicant and subject to conditions of approval Scott County staff
recommend approval.
Commissioner Entinger inquired on how follow up on the septic will happen to insure it is compliant by the
2021 condition. Associate Planner Hall explained compliance will be enforced by Scott County
Environmental Services Department.
Chair Meyer opened the Public Hearing at 6:25 PM and asked for public comment.
No one spoke at the public hearing.
MOTION by Commissioner Wolf, second by Commissioner Cauley, to close the public hearting at 6:26
PM. ALL VOTED AYE. MOTION CARRIED.
MOTION by Commissioner Wolf, second by Commissioner Entinger to approve Lavander Rezoning
PL2020-017. ALL VOTED AYE. MOTION CARRIED. Commissioner Cauley inquired if the
recommendation includes the deed restriction. Community Development Director Smith Strack confirmed.
IV. GENERAL AND ADJOURN.
MOTION by Commissioner Bratsch, second by Commissioner Wolf, to adjourn the meeting at 6:27 PM.
ALL VOTED AYE. MOTION CARRIED.
Respectfully Submitted
Renee Eyrich
Recording Secretary
STAFF REPORT PREPARED FOR TOWNSHIPS &
BELLE PLAINE ORDERLY ANNEXATION BOARD
GOVERNMENT CENTER 114 · 200 FOURTH AVENUE WEST · SHAKOPEE, MN 55379-1220
(952)496-8475 · Fax (952)496-8496 · Web www.co.scott.mn.us
Manthe Rezoning PL2021-011
Request:
A) Rezoning of 78.99 acres from Agricultural Preservation District, A-1, to Urban Expansion Reserve
Cluster District, UER-C
Greg Wagner, Principal Planner, is the project manager and is available for questions at 952-496-8360.
General Information:
Applicant: Arlene Manthe Site Location: 24575 Meridian Circle
Property Owners: Arlene Manthe Township: Section 13, Belle Plaine
Public Hearing Date: February 24, 2021 Action Deadline: March 28, 2021 (60 Day)
Zoning/Comprehensive Plan Information:
Zoning District: Urban Expansion Comprehensive Urban Expansion
Reserve Cluster UER-C Land Use Plan:
Overlay Zoning District: None School District: Belle Plaine #716
Watershed District: Scott WMO Fire District: Belle Plaine
Ordinance Sections: Chapter 31 Ambulance Ridgeview
District:
Report Attachments:
1. Site Location Map
2. Aerial Photo
3. Rezoning Request
Comprehensive Plan- The property is guided as Urban Expansion in the 2040
Comprehensive Plan as it is within the Belle Plaine
Township and City of Belle Plaine Orderly Annexation Area
Adjacent Land Use/Zoning- North – 28 & 40 acre residential/ag parcels, zoned UER
South – 6 acre & 26 acre residential/ag parcels, zoned A-3
West – 56 acre agricultural parcel, zoned A-1
East – 4 acre residential and 94 acre agricultural parcel
zoned, UER-C
Existing Conditions- The property consists of an existing farmstead surrounded
by open agricultural land to the south and to the east, as
well as a drainage ditch bisecting the property east of the
home.
Ordinance Requirements- Density – 1 dwelling unit per 40 acres. 70% of the non-
hydric land must be preserved on larger lot.
Lot Size –1 acre of non-hydric land and area to
accommodate two septic drain field locations.
Lot Width – 100 feet
Structure Setbacks:
Front Yard: 30 feet from local road right-of-way
Side Yard: 15 feet
Rear Yard: 30 feet
Proposed Development- Density – 1 dwelling unit per 80 acres
Lot Size – 4-5 acres for existing farmstead; 74 acre
agricultural parcel, 1.01 acres in public road.
Lot Width – 407.33 feet and over 1700 feet
Setbacks – The existing home and accessory buildings will
meet required setbacks as part of the Administrative
Subdivision survey review.
Existing Roads- The property has frontage on Meridian Circle, a gravel
Belle Plaine Township road.
Proposed Roads- No new roads are proposed for this project.
Public Hearing Notice- Required public hearing notices were mailed to all adjacent
property owners within ½ mile of the project.
2
View of the existing farmstead property and surrounding agricultural land.
Site Photo:
Background & Analysis
Arlene Manthe is requesting to rezone 80 acres from A-1, Agricultural Preservation
District, to UER-C, Urban Expansion Reserve Cluster District. The intent of the rezoning
is to allow the existing farmstead to be split off from the surrounding agricultural land.
Under the County Subdivision Ordinance, existing farmsteads or homesteads on parcels
greater than 40 acres can be subdivided administratively; however, the rezoning is
required to allow a parcel less than 40 acres to be created.
The parcel is located in Section 13, Belle Plaine Township, and is located within the Belle
Plaine Township – Belle Plaine City Orderly Annexation Area (OAA). Under the OAA
Agreement all land use decisions are review by the OAA Board. The Administrative
Subdivision is reviewed by County staff for conformance to Ordinance performance
standards. Under the UER-C zoning the development density is 1 dwelling unit per 40
acres, so the agricultural parcel would have 1 remaining building eligibility but any new lot
would require platting of the property. No additional development of the parcel would be
allowed until annexation into the City of Belle Plaine.
Ms. Manthe is proposing to create a 4 to 5 acre parcel around the existing home and
agricultural buildings. Per Zoning Ordinance requirements for UER-C zoning the applicant
is required to preserve at least 70% of non-hydric soils for future development, and as
proposed the applicant is preserving 72.1 acres (97.1%) of non-hydric soils on the
agricultural parcel. Staff will verify structure setbacks as part of the Administrative
Subdivision review of the property survey.
Environmental: The applicant has been working with Scott County Environmental
Services on their septic system. They have completed a self-disclosure form that requires
replacement of the septic system in 2021. A new septic site and future alternate site will
be found this spring and those will be identified on the survey for the Administrative
Subdivision to ensure that they are on the lot with the existing home.
Township: The applicant met with the Township Board and two Town Board
representatives are on the Orderly Annexation Board to act on the request.
3
Staff Recommendation:
Based on the project information submitted by the applicant and subject to the conditions
of approval, the proposed rezoning conforms to the Zoning and Subdivision Ordinances;
therefore, staff recommends approval of the Rezoning based on the criteria for approval
listed below.
Criteria for Approval:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official County
Comprehensive Plan.
The proposed rezoning conforms to the goals and policies contained in the 2040
Comprehensive Plan for preservation of agricultural land and land in areas.
2. The proposed use is or will be compatible with present and future land uses of the
area.
The property use is not changing from the existing farmstead and agricultural land,
and while the home lot size is being reduced the overall density will remain at one
unit per 40 acres.
3. The proposed use conforms to all performance standards contained in this
Ordinance.
The use of the property is not changing; the majority of the property will remain in
agricultural production.
4. The proposed use can be accommodated with existing and planned public
services and will not overburden the County or Township’s service capacity.
The use is not changing or increasing development and therefore will not adversely
impact public service capacity for local service providers.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The property is served by Meridian Circle, a Belle Plaine Township road. No new
residences are proposed that would otherwise generate additional traffic.
Orderly Annexation Board Alternatives:
1. Approve the request as recommended by Zoning Administration staff with the
specified conditions.
2. Approve the request as recommended by the Zoning Administration staff with
amendments to the conditions.
3. Table the request for a specific reason.
4. Deny the request for a specific reason.
Suggested Motion for Belle Plaine Orderly Annexation Board:
Based on the criteria for approval listed in the staff report, I recommend approval of the
rezoning of 80 acres from A-1, Agricultural Preservation District, to UER-C, Urban
Expansion Reserve Cluster District.
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