Minutes of the

NORTH MANKATO PLANNING COMMISSION MEETING North Mankato, Minnesota

September 14, 2017

A regular meeting of the North Mankato Planning Commission was held at 7 p.m., September

14, 2017, in the Council Chambers of the Municipal Building.

Planning Commission Members present: Chair Stephanie Stoffel, Corey Brunton, Bryan Bode,

Nick Meyer, and Isaac Kerry. Staff Members present: City Attorney Mike Kennedy and

Community Development Director Mike Fischer.

A motion was made by Commissioner Bode, seconded by Commissioner Kerry to approve the

minutes of August 17, 2017, regular meeting of the Planning Comm·1ssion. Vote on the motion:

all ayes, 0 nays; motion carried.

Final Plat of North Gate No. 3

Staff presented a request from Hiniker Homes for final plat consideration of North Gate No. 3.

Staff indicated the preliminary plat was approved by the Planning Commission and City Council

in August of 2017. The plat consists of 27 lots for single-family residential development

including the extensions of Anchorage Drive and Valdez Drive and the addition of Denali Drive.

Outlot A would be the location of a stormwater holding pond. Staff noted that all proposed lots

meet the minimum size requirements in the R-lS zoning district. After discussions regarding

stormwater, parkland and future phases of development, it was moved by Commissioner Kerry,

seconded by Commissioner Bode to approve the Final Plat of North Gate No. 3. Vote on the

motion: all ayes, 0 nays; motion carried.

Resolution in Support of Industrial Development District No. 1 Plan Modification

Staff presented a resolution of the North Mankato Planning Commission finding the City of

North Mankato Industrial Development District No. 1 Plan Modification conforms to City plans

for the development of the locality as a whole. Staff indicated the resolution supports the

expansion of IDD No. 1 to consider the use of Tax Increment Financing for the Birchwood

Cottages development at the intersection of Lee Boulevard and Lor Ray Drive. After discussions

regarding previous plan modifications, duration of development districts and sizes of

development districts, it was moved by Commissioner Brunton, seconded by Commissioner

Kerry to approve the resolution. Vote on the motion: all ayes, O nays; motion carried.

Resolution in Support of Industrial Development District No. 1 Plan Modification

Staff presented a resolution of the North Mankato Planning Commission finding the City of

North Mankato Industrial Development District No. 1 Plan Modification conforms to the City

plan for the development of the locality as a whole. Staff indicated the resolution supports the

expansion of IDD No. 1 to consider the use of Tax Increment Financing for the Blue Star Power

Systems development in the North Port Industrial Park. After discussion regarding the need for

two separate modifications, district boundary changes and the use of a TIF for economic

development purposes, it was moved by Commissioner Bode, seconded by Commissioner

Kerry, to approve the resolution. Vote on the motion: all ayes, 0 nays; motion carried.

There being no further business, it was moved by Commissioner Kerry, seconded by

Commissioner Meyer, to adjourn. Vote on the motion: all ayes, 0 nays; motion carried. The

meeting was adjourned at 7:20 p.m.

Chairperson

Secretary

Z-4-17

REQUEST TO ZONE PART OF SECTION 10-108-27

A REQUEST FROM ROY & GRACE TOEGEL/MICK MONTAG

THE CITY OF NORTH MANKATO

SUBJECT: Z-4-17

APPLICANT: Roy & Grace Taegel/Mick Montag

LOCATION: Part of Section 10-108-27

EXISTING ZONING: Ag

DATE OF HEARING: December 14, 2017

DATE OF REPORT: December 7, 2017

REPORTED BY: Mike Fischer, Community Development Director

APPLICATION SUBMITTED Request to zone property which is being annexed into the City Limits

COMMENT The applicants are in the process of annexing 25.55 acres of land into the City limits for future single-family residential development. As shown on Exhibit A, the property is located at the west end of Marie Lane. As the property is being annexed into the City limits, it is necessary to provide a zoning classification based on the intended use of the property. To accommodate future single-family residential development, the applicants are proposing the property be zoned R-1, One-Family Dwelling. The location of the property including the proposed and existing area zoning is shown on Exhibit B.

Exhibit C shows the Future Land Use Map within the Comprehensive Plan. According to the map, the guided future zoning for the applicants' property is Low Density Residential.

RECOMMENDATION As the proposed zoning request is both consistent with existing area zoning and the Comprehensive Plan, staff recommends approval of Z-4-17

Date: November 27, 2017

To: City of North Mankato - Michael Fischer

From: Roy and Grace Toegel

Re: Zoning request

We are in the process of annexing 25.55 acres of land into the North Mankato City limits for

future single-family residential development. To accommodate the proposed development, we

are requesting that the City zone the property as R-1, One-Family Dwelling. We believe this

zoning is consistent with existing area zoning as well as the City's Comprehensive Plan.

Thank you.

Roy Toegel Grace Toegel

O 898 Feet

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ZONING North Mankato, Minnesota

2017

- R-A

LJ R-1

LJ R-1S O R-2

D R-3 - R-3A

D R-4 O oR-1

D eso LJB-1

LJB-2

LJB-3 0 1-1

M-1

_ M-2

c:::JTuo - P-1

Residential Agricultural

One Family Dwelling

One Family Dwelling, Small Lot

One and Two Family Dwelling

Limited Multiple Dwelling

Medium Density Residential

Multiple Dwelling

Office-Residential

Central Business District

Neighborhood Business

Community Business

General Commercial

Planned Industrial

Light Industry

Heavy Industry

Transitional Unzoned District

Public Use

Nall@~~~~

Zoning

~ N

-•==-~l~i~n;ch~=.2~,•5•00•• fe•e•t•-~1 Miles

0.25 0.5

... WSB -

Land Use H;gh Den" . I

Future ent o;"''" Medl"m Dens;ty Res;den"•

-Cen"'' Redmlopm . . Res;den"''

. ess District Low Density . I I Institutional - Cen"'' """" ·iy Resident1a

Light Industrial .

'ty Residential

I Commercial lillJ Low Dens1

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d Commerc1a - lnstitutiona Ne;ghbo,hoo . d Use Space/Park ·al/Industrial M1xe Open Commerc1 ~ -Heavy lndustria

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F ture Land Use

CITY OF NORTH MANKATO

December 1, 2017

Dear Property Owner:

The City of North Mankato has received a request from Roy and Grace Toegel to formally zone property

they are annexing into the City limits as R-1, One-Family Dwelling. Attached is a map show ing the

location of the property and a drawing showing the proposed development on the property. As

proposed, development on the property will consist of future single-fami ly homes.

This zoning request will be considered by the Planning Commission on Thursday, December 14, 2017

and by the City Counci l on Monday, December 18, 2017. Both meetings begin at 7:00 p.m. in the

Municipa l Building Council Chambers located at 1001 Belgrade Avenue.

As a nearby property owner, you have the opportunity to comment on this zoning request. You may

send written comments by December 14, 2017 or appear at either or both meetings.

Sincerely,

THE CITY OF NORTH MANKATO

Mike Fischer

Community Deve lopment Director

Encls

1001 Belgrade Avenue, P.O. Box 2055 • North Mankato, MN 56002-2055 • Telephone 507-625-4141 Q An Equal Opportunity · Affirmative Action Employer 20% Post-Consumer waste

Paul A. & Gail E. Lindfors 2224 Dream Drive W North Mankato, MN 56003

Helen A. Dale Rachut 615 Park View Court North Mankato, MN 56003

Richard P. & Sandra Sawatzky 433 Belgrade Avenue North Mankato, MN 56003

Maura T. Randall Revocable Trust 2233 Dream Drive W North Mankato, MN 56003

Donna M. Wolf 619 Park View Court North Mankato, MN 56003

Melvin V. Craig 53971 Dakota Lane North Mankato, MN 56003

Thomas E. & Karen Schmoll 610 Park View Court North Mankato, MN 56003

Michelle G. Coughlan 622 Park View Court North Mankato, MN 56003

Dennis F. & Nancy L. Cramblit 19 Holiday Court North Mankato, MN 56003

David J. & Sheryl K. Carlson 2225 Dream Drive W North Mankato, MN 56003

Z-4-17

Brian & Sheri Krenz 221 7 Dream Drive W North Mankato, MN 56003

Douglas J. & Sara J. Zernechel 2213 Dream Drive W North Mankato, MN 56003

Mary 1-l. Babcock 2145 Dream Drive E North Mankato, MN 56003

Bradley & Sharon Borresen Trust 2209 Dream Drive W North Mankato, MN 56003

Donald Marvin Duane Erickson lII 610 Marie Lane North Mankato, MN 56003

Anthony R. Kozitza 609 Park View Court North Mankato, MN 56003

Steven & Laura Moerke 614 Park View Court North Mankato, MN 56003

Jeffrey & I-leather Davey 600 Ivy Lane North Mankato, MN 56003

Randall R. & Holy Koenig 2230 Dream Drive W North Mankato, MN 56003

Charles L. LaGow 2052 Leavitt Woods Lane Shakopee, MN 55379

Ricardo T. & Michelle J. Muggli 624 Park View Court North Mankato, MN 56003

David J. & Mary Beth Trembley 2137 Dream Drive E North Mankato, MN 56003

Ove S & Debra J. Oren & Jason J. Oren 2149 Dream Drive E North Mankato, MN 56003

Douglas S. & Ann B. Vose 2220 Dream Drive W North Mankato, MN 56003

Quentin R. Peterson Maxine A. Peterson Trust 53416 Rockford Road North Mankato, MN 56003

Brian Mathiowetz & Peggy Sue Hesse 2205 Dream Drive W North Mankato, MN 56003

James P. & Elaine M. Loaney 618 Park View Court North Mankato, MN 56003

Vincent J. & Diane J. Tillman 606 Park View Court North Mankato, MN 56003

Sarah E. & Jason L. Collins 2229 Dream Drive W North Mankato, MN 56003

Dale J. Schneider 23 Holiday Court North Mankato, MN 56003

David S. Pinske 2216 Dream Drive W North Mankato, MN 56003

John T. Behrens Jr. & Linda C. Behrens 3 1 Holiday Court North Mankato, MN 56003

Deimark LLC 22922 N. Riverfront Drive Mankato, MN 5600 l

Z-4-17

Donald J. Kiel 604 Marie Lane North Mankato, MN 56003

Brandon & Angela Dugan 602 Ivy Lane North Mankato, MN 56003

Kurt R. & Elizabeth M. Schroeder 2221 Dream Drive W North Mankato, MN 56003

Joseph P. & Joann M. Bluth 2201 Dream Drive W North Mankato, MN 56003

Application for REZONING

NO. Z-4-17

Pursuant to Chapter 156 of the North Mankato City Code, application is hereby made to amend the City of North Mankato Zoning Map as described herein.

LEGAL DESCR!PTI!]N OF PROPERTY:

Lot# ____ Block# _____ ., .. __ _

Subdivision Nature View Subd. No. 2 Address ---- ---

APPLICANT

Name __ _13.oy & Grace Taegel Address 612 Marie Lane ·--~------

Phone

PROPERTY OWN'1;1)\. (If Other Than Annlicant): North Mankato, MN 56003

Name. _____________ _ Address --- ______ .. _____ Phone _________ ......... -

CURRENJ,.ZONrNG~ Ag CURRENT USE OF PROPERTY~ Ag

PROPOSEP_f.ONrNG: R-1, One-Family Dwelling

REASON ZONING CHANQB NEEDED: Annexation into city limits

REQUEST _PREVIOUSLY CONSIDERED? Yes ____ No_L If Yes, date _____ _

;)JJPPORTrNG DOCUMENTS:

Required Attached Required Attached

Plot Plan Comment Letters

Floor Plan Performance Test

Landscaping Plan Petition

Parking/Loading Plan Development Schedule

Survey Proposed Regulations

Other ··--------·-

FEES: Application Fee $_~§..'.90 ____ _

Notice Charge II _J_7 __ ._ ... @ $ 2.00 __ _

Total Fee $ 169~QQ ____________ Receipt# ___ _

I hereby certify that the information both described in and attached to this application is correct and true.

Signature of Applicant __ _ _ __________ Date _________ ...... __________ _

Pursuant to the requirements of Chapter 156 of the North Manl<ato City Code, this application was received by me or my duly designated representative on Nov_EOr:nber 27~_2017, and I hereby certify that this application meets all the necessary application requirements.

Signatnre of Zoning Administrator_____ Date _______ . ___ _

PLANNING COMMISSION ACTION: Date Dec~mber 14, 2017

__ Approved Additional Conditions:

_____ . ______ Denied Reason:

CITY COUN_PL ACTION: Date_Qecember 18, 2017 _

______ .. __ .. ___ Approved Additional Conditions:

Denied Reason:

.cnHEI\_ COMMENTS

STATE OF MINNESOTA ) COUNTY OF NICOLLET ) CITY OF NORTH MANKA TO )

I, the undersigned, being the duly qualified and acting City Clerk of the City of North Mankato, Minnesota, hereby certify that I have carefully compared the attached variance approved by the City of North Mankato with the original thereof on file and of record in my office, and that the same is a full, true and completed copy of said original.

WITNESS my hand and the official seal of said City of North Mankato this ___ day of ............................... -.... ___ , 20_

·---- .. ___________ _ City Clerk, City of North Mankato

PRELIMINARY PLAT OF NATURE VIEW SUBDIVISION NO. 2

A REQUEST FROM ROY & GRACE TOEGEL/MICK MONTAG

THE CITY OF NORTH MANKATO

SUBJECT: Preliminary Plat of Nature View Subdivision No. 2

APPLICANT: Roy & Grace Toegel/Mick Montag

LOCATION: Part of Section 108

EXISTING ZONING: Ag/Proposed R-1

DATE OF HEARING: December 14, 2017

DATE OF REPORT: December 7, 2017

REPORTED BY: Mike Fischer, Community Development Director

APPLICATION SUBMITTED Request for preliminary plat consideration of Nature View Subdivision No.2

COMMENT The applicants are in the process of annexing 25.55 acres of land into the City limits to accommodate future single-family residential development. The location of the property is shown on Exhibit A As proposed, the preliminary plat of Nature View Subdivision No. 2 is shown on Exhibit B. The plat consists of 8 single-family residential lots, possible drainage easements to accommodate storm water and 2 Outlots. Outlot A would be dedicated to the City as ravine property and Outlot B would be reserved for future development. While the property is 25.5 acres in size, approximately 17 acres is ravine property. According to the City Code, it is required that all ravine property be dedicated to City as part of any platting process. For property appraisal purposes, the applicants' are requesting that the lots adjacent to the ravine property include portions of the ravine. A request to amend the City Code to address ravine dedication is forthcoming.

To access the property, the portion of Marie Lane located west of Ivy Lane would need to be improved and extended. This portion of roadway is considered a public street which serves 2 existing homes. While the street acts and is sized as a driveway, improvements would need to be made to accommodate the proposed development. The street within Nature View Subdivision No. 2 would be constructed and maintained as a private street.

According to the City, the following are the minimum tot size requirements within an R-1 zoning district:

Lot width Lot depth Lot area

90 feet 100 feet 9,000 sq. ft.

As proposed, alt lots within the subdivision exceed the minimum requirements.

RECOMMENDATION Staff recommends approval of the Preliminary Plat of Nature View Subdivision No. 2 subject to:

1. Successful annexation 2. Street and curb and gutter within the subdivision is private and all underground utilities are public including the storm water holding pond. 3. Storm water holding ponds are designed by a licensed engineer and shown on the final plat. 4. City of North Mankato and developer enter into a development agreement for the extension of Marie Lane.

NM Legend

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Z-5-17

REQUEST TO REZONE 1253/1255 LAKE STREET FROM R-1 to R-3

A REQUEST FROM ANDREW ATWOOD

THE CITY OF NORTH MANKATO

SUBJECT: Z-5-17

APPLICANT: Andrew Atwood

LOCATION: 1253/1255 Lake Street

EXISTING ZONING: R-1, One-Family Dwelling

DATE OF HEARING: December 14, 2017

DATE OF REPORT: December 7, 2017

REPORTED BY: Mike Fischer, Community Development Director

APPLICATION SUBMITTED Request to rezone property addressed as 1253/1255 Lake Street from R-1, One­Family Dwelling to R-3, Limited Multiple Dwelling.

COMMENT In 2015, the applicant purchased the property addressed as1253/1255 Lake Street. The 2-unit townhome had severe structural problems including extensive interior mold as a result of the movement of the adjacent hillside. The applicant made the necessary repairs to the building and attempted to sell it without any success. Therefore, the applicant obtained temporary rental licenses for both units and is currently pursuing permanent rental licenses. As the property is currently zoned R-1, One-Family Dwelling, no more than 2 unrelated persons can occupy each unit.

According to the Rental Code, in R-1 and R-2 zoning districts, no more than 2 unrelated persons can reside together. In R-3 and R-4 zoning districts, no more than 5 unrelated persons can reside together. In an attempt to allow more than 2 unrelated persons to live in 1253 and 1255 Lake Street, the applicant is requesting the property be rezoned from R-1 to R-3. If granted, each unit could have up to 5 unrelated persons living in each unit for a total of 10 unrelated in the dwelling. Due the size and slope of the driveway, off-street parking on the property is limited.

Attached as Exhibit A is map showing the location of the property and existing area zoning. Exhibit B is the Future Land Map from the Comprehensive Plan which guides the future zoning of this property as Low Density Residential (R-1 ).

When the building was originally constructed in 2004, the zoning of the property was R-2, One-and Two Family Dwelling. As part of the 2005 city-wide rezoning process, the property was rezoned to R-1.

RECOMMENDATION As the rezoning request is not consistent with existing area zoning and the Future Land Use Map within the Comprehensive Plan, staff recommends denial of Z-5-17.

Michael Fischer

From: Sent: To:

Michael Fischer <michaelf@northmankato.com> Wednesday, November 22, 2017 2:00 PM 'Michael Fischer'

Subject: FW: Lake St. Zoning Attachments: image006.png; imageOOS.png; image004.png

Dear Michael, Mark, John,

I am writing to formally request a change in the zoning for 1253 and 1255 Lake St. From R-1 to R-3/R-4

Thank you, Drew

E-MAIL CONFIDENTIALITY NOTICE:

The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately ale1i the sender by reply e-mail and then delete this message

and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited.

1

Michael Fischer

From: Sent: To: Subject:

Dear Michael, Mark, John,

Andrew Atwood <andrewatwood23@gmail.com> Wednesday, November 08, 2017 5:06 PM John Harrenstein; michaelf@northmankato.com; markdehen@northmankato.com Lake St. Zoning

I am writing to formally request a change in the zoning for the block of Lake St. that 1253 and 1255 reside on. I am referring to the "block" based on the map you have on your website for rental licenses availability.

I request this change for the following reasons.

I among many others have the feeling that "zoning" is just a veil to hide discrimination against renters based on familial status. I am sure when you were in college you and some friends could look for a place to rent out and not have to be steered one way or another, or put up with restrictions on where you could live because of zoning. Furthermore, though I do believe zoning to be important for new land use and city planning, this type of discriminatory zoning should not be approved nor should the city or any government authority have the authority to put it in place.

R-1 zoning in this particular block is not suitable given the construction of the area. This is proven by the number of rental licenses already in this area. I believe that any area in which the city felt there were too many rentals should have been held by a vote by the residents of that area, and the owners of the homes in which it affects. This gives renters and owners a voice in the matter. If the residents and owners do not have an issue with the number of rental licenses in a given area, then neither should the city. You work for the people. I am not sure when the zoning was adopted and given to this area or how the procedure took place. I do understand occupancy limits with a basis for safety, but limiting occupants based on familial status seem like discrimination.

Given that there should be no fear of a multi unit sky-rise complex being built on the other side of the street being as the City owns a majority of that land this should be a fairly quick process. Perhaps the zoning needs not to be changed from one to another but needs to be revised in such a way that it does not restrict the number of occupants to 2 un-related but instead to 2 unrelated per bedroom as to not discriminate against marital status for unwed couples. Correct me ifI am wrong but the purpose of zoning is to regulate city planning so a coffee shop or a jiffy lube or 150 unit apaitment complex doesn't build or pop up in the middle ofa cul-de-sac right? So I am finding it difficult to understand why or how 2 unrelated came into play. Zoning should have nothing to do with occupancy and only pertain to construction.

The way this is law is written if a single mother of two and a single father of two decided to move in together they would not be allowed to rent in an R-1 zoned area because of familial status. If they filled out a functional family form they could but then if their children turned 18 they would be adults and would not have a choice but to move out. Some people choose to rent their whole lives, and the only adversity or difficulty they should have to endure is whether or not the tax paying owner of the home wants to rent it. In which case the owner would be subject to adhere to all anti-discrimination laws.

In conclusion, I request approval for (2) 4-unrelated rental licenses for these units. The zoning of

1

this block to be changed from R-1 to a more fitting R-3 or R-4. Or the re-wording of the zoning laws to more effectively encompass these variables.

Thank you, I look forward to a timely resolution to this matter, Drew Atwood

2

EXHIB N

A

PROPOSED

ZONING North Mankato, Minnesota

2017 - R-A Residential Agricultural

LJB-1 Neighborhood Business D R-1 One Family Dwelling

LJB-2 Community Business LJR-1S One Family Dwelling, Small Lot

LJB-3 General Commercial LJR-2 One and Two Family Dwelling

0 1-1 Planned Industrial D R-3 Limited Multiple Dwelling M-1 Light Industry R-3A Medium Density Residential

M-2 Heavy Industry D R-4 Multiple Dwelling

LJTUD Transitional Unzoned District O oR-1 Office-Residential

P-1 Public Use D eso Central Business District

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~ Central Redevelopment District High Density Residential

- Centra l Business District Medium Density Residential

- General Commercial Low Densi ty Residential

Neighborhood Commercial ~ Low Density Residential I Institutional

~ Comm ercial/ Industri al Mixed Use Institutional

- Heavy Industrial - Open Space/Park Right of way

Figure 3-2: Future Land Use North Mankato Comprehensive Plan

CITY OF NORTH MANKATO

PRMEOWTTH

SOY INK

December 1, 2017

Dear Property Owner:

The City of North Mankato has received a request from Andrew Atwood to rezone the property

addressed at 1253/1255 Lake Street from R-1, One-Family Dwelling to R-3, Limited Multiple Dwelling.

Attached is map should the location of the property and the existing area zoning.

This rezoning request will be considered by the Planning Commission on Thursday, December 14, 2017

and by the City Council on Monday, December 18, 2017. Both meetings begin at 7:00 p.m. in the

Municipal Building Council Chambers located at 1001 Belgrade Avenue.

As a nearby property owner, you have the opportunity to comment on this request. You may send

written comments by December 14, 2017 or appear at either or both meetings.

Sincerely,

THE CITY OF NORTH MANKATO

Mike Fischer

Community Development Director

Enc

1001 Belgrade Avenue, P.O. Box 2055 • North Mankato, MN 56002-2055 • Telephone 507-625-4141 OJ An Equal Opportunity - Affirmative Action Employer 20% Post-Consumer waste

JTS Enterprise Inc. Jeff T. Steinbach 1006 N River Drive North Mankato, MN 56003

Tracy Lynn McQuown 200 W Lind Street North Mankato, MN 56003

Marty G. Lewis 1249 Lake Street North Mankato, MN 56003

Z-5-17

Ann F. Ripley 1475 County Road K New Richmond, WI 54017

Michael & Kresta Galazen 6785 Woodbine Ct SE Rochester, MN 55904

Grant A. & Jessica Lynn Poehler 1239 Lake Street North Mankato, MN 56003

Benton R. & Abigail R. Bakke 1243 Lake Street North Mankato, MN 56003

Application for REZONING

NO. Z-5-17

Pursuant to Chapter 156 of the North Mankato City Code, application is hereby made to amend the City of North Mankato Zoning Map as described herein.

LEGAL Dl~SCRIPTION OF PROPERTY:

Lot#·------·· _________ Block#----··-

Subdivision CIC No. 23 Address 1253/1255 Lake Street ·------------ ------APPLICANI:

Name Andrew Atwood Address Phone ---·----- ---PROPERTY OWNER ClfOthe1'.Than Applicant):

Name _______ ·------------ Address ___ _ ____________ Phone ____ _

CURRENT_Z.ONING: R-1

PROPOSEJ)_.ZONING: R-3

CURRENT USE OF PROPERTY.~ 2-unit townhome

REASON ZONING CHANG_B NEEDED: Allow more unrelated persons

REQUEST .PREVIOUSLY CONSIDERED? Yes ___ No _ _0_ If Yes, date ________ _

~JJPPORTING DOCUMENTS:

Required Attached Required Plot Plan Comment Letters

Floor Plan Performance Test

Landscaping Plan Petition

Parking/Loading Plan Development Schedule

Survey Proposed Regulations

Other-·-···---·--·----

FEES: Application Fee

Notice Charge# _] _____ @ $ 2.00 = $_l4.00 ------

Total Fee ·-·-·····- Receipt # ____ _

Attached

I hereby certify that the information both described in and attached to this application is con-ect and true.

Signature of Applicant----··---- ----------··--- ______ Date_

Pursuant to the requirements of Chapter 156 of the North Mankato City Code, this application was received by me or my duly designated representative on Nov~r:ri_ber 22, 2017, and I hereby ce1iify that this application meets all the necessary application requirements.

Signature of Zoning Administrator -------.------------Date ___ _

PLANNING COMMISSION ACTION: Date December_ 14, 2017

-----------Approved Additional Conditions:

Denied Reason:

CITY COl)NCIL ACTION: Date ___ [)ecember 18, 2017

_____ Approved Additional Conditions:

___________ Denied Reason:

OTHER COMMENTS

STA TE OF MINNESOTA ) COUNTY OF NICOLLET ) CITY OF NORTH MANKA TO )

I, the undersigned, being the duly qualified and acting City Clerk of the City of North Mankato, Minnesota, hereby certify that I have carefully compared the attached variance approved by the City of North Mankato with the original thereof on file and of record in my office, and that the same is a full, true and completed copy of said original.

WITNESS my hand and the official seal of said City of North Mankato this ___ day of

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---·----·· City Clerk, City of North Mankato

AMENDMENT TO CITY CODE SECTION 155.50 {B) RAVINE

DEDICATION

A REQUEST FROM THE CITY OF NORTH MANKATO

THE CITY OF NORTH MANKATO

SUBJECT: City Code Amendment

APPLICANT: City of North Mankato

LOCATION: City Wide

EXISTING ZONING: NA

DATE OF HEARING: December 14, 2017

DATE OF REPORT: December 7, 2017

REPORTED BY: Mike Fischer, Community Development Director

APPLICATION SUBMITTED Request to amend City Code Section 155.50 (B) Ravine Dedication

COMMENT The City of North Mankato is requesting consideration of a City Code amendment related to ravine dedication. The current regulation is as follows:

(B) Ravine dedication. The subdivider shall dedicate to the city that portion of all hillsides, ravines and slopes of bluff lands below the ravine breakline as determined by the Building Official.

The purpose of this regulation is for protection and preservation of all ravine and hillside property. The City believes that ownership these types of properties provides greater protection of the sensitive areas than having the property in private ownership. Therefore, according to the City Code, when platting property adjacent to ravines of hillsides, dedication of the ravine or hillside property to the City would be required. Recently, the City was asked by a developer to reconsider the requirement for the dedication of ravine property for land appraisal purposes. Specifically, that the appraised value of residential lots adjacent to ravine property is less without some private ownership of the ravine property. Additionally, appraisers are challenged when looking for comparable lots in the area when other cities allow some private ownership of the ravine property.

In an attempt to try to address this issue, the City requests an amendment to the applicable section of the City Code which allows the use of a conservation easement over the ravine or hillside property. In summary, an owner of property adjacent to a ravine or hillside would be required to grant an easement to the City for protection and preservation of the terrain and vegetation and to prevent any

destructive acts on the property. Attached is a proposed amendment to City Code Section 155.50 (B).

RECOMMENDATION Staff recommends approval of the proposed amendment

§ 155.50 PUBLIC SITES AND OPEN SP ACES. (A) Open spaces. In subdividing land or resubdividing an existing plat, due consideration

shall be given by the subdivider to the dedication or reservation of suitable sites for schools, parks, playgrounds, conservation areas, or other public or semi-public recreational areas for open spaces. Areas so dedicated or reserved shall conform as nearly as possible'to the Comprehensive Plan and such other park and open space development plans, regulations and ordinances as may from time to time be adopted by the city. All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency.

(B) Ravine dedication. The subdivider shall dedicate to the city that portion of all hillsides, ravines and slopes of bluff lands below the ravine breakline as determined by the Building Official or record an easement for the conservation and preservation of the terrain and vegetation.~

(C) Ravine alterations. The filling, altering, diverting, stripping of vegetation, topping of trees or otherwise changing the drainage or other environmental characteristics of any public or private hillsides, ravines, or slopes of bluff land is prohibited. Alterations of any kind made to dedicated public lands of the character described above are prohibited except by the city for purposes of stabilization, erosion control and stormwater management.

(D) Penalties. The City Council may establish such additional administrative penalties as it may deem necessary for the enforcement of this section.