A) Rezoning of 40 acres from UER, Urban Expansion Reserve, District to UER-C, Urban Expansion Reserve Cluster, District. B) Preliminary Plat of Joos Addition consisting of 1 lot and 1 outlot on 40 acres. C) Final Plat of Joos Addition consisting of 1 lot and 1 outlot on 40 acres.
Request:
Nathan Hall, Associate Planner, is the project manager and is available for questions at 952-496-8892. |
General Information:
| Applicant: | Justin & Cora Joos | Site Location: | 40-acres in the SE 1/4 |
| Property Owners: | Brian & Sandra Schmitz | Township: | Section 35, St. Lawrence |
Public Hearing Date: | June 8, 2026 | Action Deadline: | June 21, 2026 (60 Day) |
Zoning/Comprehensive Plan Information:
| Zoning District: | Urban Expansion Reserve | Comprehensive Land Use Plan: | Urban Expansion |
| Overlay Zoning District: | Shoreland | School District: | Jordan #717 |
| Watershed District: | Scott WMO | Fire District: | Belle Plaine Fire Dept. |
| Ordinance Sections: | Chapters 2 & | Ambulance District: | Ridgeview Ambulance |
Comprehensive Plan- The 2040 Comprehensive Plan Update guides this parcel as an Urban Expansion Area, which preserves areas around cities for future urban expansion and development.
Adjacent Land Use/Zoning- North – 82-acre residential parcel, zoned UER
South – 40-acre vacant parcel, zoned UER
West – 77-acre farmstead parcel & 10 acre residential parcel, zoned UER
East – 10-14 acre residential parcels, zoned UER
Existing Conditions- The 40-acres included in this request is being separated from a larger 122-acre parent parcel. The 40-acre property is largely open agricultural land south of the existing farmstead. The property has frontage on County Highway 59 and a DNR protected watercourse passes near the eastern boundary of the parcel.
Ordinance Requirements- Density – 1 dwelling unit per 40 acres.
Lot Size – One acre of non-hydric soil with sufficient land area to accommodate two (2) individual sewage treatment sites.
Lot Width – 100 feet from the front setback line maintained to the primary building site.
Structure Setbacks:
Front Yard: 100 feet from the County Road right-of-way;
Side Yard: 15 feet
Rear Yard: 30 feet
Proposed Development- Density – 1 dwelling unit per 40 acres.
Lot Size – Proposed lot size is 6.8 acres.
Lot Width – The minimum lot width proposed is 438.81 feet
Setbacks – The proposed home location meets required road and property line setbacks.
Existing Roads- The proposed lot and outlot will share access with the existing farmstead driveway from County Highway 59.
Proposed Roads- No roadway improvements are proposed.
Public Hearing Notice- Required public hearing notices were mailed to all adjacent property owners within ½ mile of the project.
Background/Zoning:
The applicants are requesting to subdivide a 40-acre parcel located in Section 35 of St. Lawrence Township. The parent parcel is currently zoned Urban Expansion Reserve. The 2040 Comprehensive Plan guides this area of St. Lawrence Township for Urban Expansion, which allows parcels to rezone to the Urban Expansion Reserve Cluster (UER-C) District. The UER-C District allows for a maximum density of one unit per forty acres. The applicants are requesting the rezoning along with the proposed subdivision. By rezoning the property to UER-C, the applicant can create a buildable lot, less than 40-acres in size. The remaining outlot can continue to be used for agricultural purposes.
In all residential cluster subdivisions in the UER-C District, either 70 percent or more of the non-hydric land or 80 percent or more of the non-wetland land must be preserved in future development outlots. According to hydric soil maps, the subdivision contains 35.6 acres of non-hydric soils, and the outlot will contain 28.8 acres of non-hydric soil (80.1 percent), exceeding the preservation requirement.
Access/Road Analysis:
The proposed lot and outlot will have access from County Highway No. 59, also known as Delaware Avenue. The applicant will need to include additional right-of-way on the plat to 60 feet from centerline as is required for a collector roadway. The lot and outlot will share driveway access with an existing farmstead. The Scott County Highway Department has provided their complete comments in the attached memorandum.
Environmental Analysis:
Primary and alternate septic sites have been identified for the lot. The Scott County Environmental Services staff has reviewed the proposal for compliance with the Scott County Subsurface Sewage Treatment System Ordinance. County staff found that the information appears to meet the requirements of County Ordinance.
Natural Resources Analysis:
A wetland delineation was performed and a Notice of Decision provided on May 21, 2026. Wetlands were not found within the area of proposed Lot 1. No grading is proposed as part of the proposed plat; the driveway and home grading will occur after driveway and building permit approval. It has been proposed less than 1 acre of land would be disturbed by the future driveway and home site, thereby eliminating the requirement to incorporate stormwater volume control practices in the design. The Natural Resources Department has reviewed the proposal and provided the attached memo, dated May 6, 2026. Any updated comments will be provided at the public hearing.
Township Recommendation:
The St. Lawrence Township Board reviewed the request at their May 14, 2026, meeting. The Town Board recommended approval of the request.
Staff Recommendation:
Based on the project information submitted by the applicant and subject to the conditions of approval, the proposed rezoning and plat conforms to the Zoning and Subdivision Ordinances; therefore, staff recommends approval of the Rezoning, Preliminary Plat and Final Plat based on the criteria for approval listed below.
Conditions to be Satisfied Prior to County Board Consideration:
- Any condition listed in the Natural Resources Department review of the request.
- Any condition listed in the Highway Department review of the request.
Conditions to be Satisfied Prior to Recording of Final Plat:
- Submission of up-to-date title insurance or opinion as required for review by the County Attorney’s Office.
- County Surveyor, Attorney and Recorder review and signing of the plat Mylars.
- Payment of all St. Lawrence Township and Scott County Final Plat fees.
- Shared access easement for benefit of lot and outlot to be recorded with Final Plat.
Criteria for Rezoning Approval:
- 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 Urban Expansion areas.
2. The proposed use is or will be compatible with present and future land uses of the area.
Single-family dwellings are a permitted use and consistent with the growth patterns in the area.
3. The proposed use conforms to all performance standards contained in this Ordinance.
The proposed residential use of the property is permitted. All performance standards will be followed.
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 additional housing units will not adversely impact public service capacity for local service providers.
- Traffic generation by the proposed use is within capabilities of streets serving the property.
Access to the lot and outlot will be from an existing driveway off of a collector roadway.
Criteria for Plat Approval:
- Adequate Drainage – the proposed plat meets all storm water drainage requirements as identified in Chapter 6 of the zoning ordinance.
- Adequate Potable Water Supply – the proposed plat, utilizing individual wells, meets the requirements of the zoning and subdivision ordinances.
- Adequate Roads or Highways to Serve the Subdivision – the proposed lot has frontage and driveway access to County Highway No. 59. The proposed lot and outlot will have shared access to an existing driveway approach.
- Adequate Waste Disposal Systems – the proposed lot meets all requirements of the individual sewage treatment system ordinance.
- Consistency with the Comprehensive Plan – the proposed plat conforms to the goals and policies contained in the 2040 Comprehensive Plan for the development in the Transition Area.
- Public Service Capacity – the proposed development does not adversely impact the public service capacity of local service providers as it is adding one additional lot.
- Consistency with the Minnesota Environmental Quality Board's Policies- the proposal does not require any environmental review and is therefore consistent with the policies of the Minnesota Environmental Quality Board.
- Consistency with Capital Improvement Plans – the proposed plat is not requiring any county funded road improvements; therefore it is consistent with the County’s capital improvement plan.
Planning Advisory Commission/Township Alternatives:
- Approve the request as recommended by Planning Staff with the specified conditions.
- Approve the request as recommended by the Planning Staff with amendments to the conditions.
- Table the request for a specific reason.
- Deny the request for a specific reason.
Suggested Motion for Planning Advisory Commission or Township Board:
Based on the criteria for approval listed in the staff report, I recommend approval of the rezoning of 40 acres from UER, Urban Expansion Reserve, District to UER-C, Urban Expansion Reserve Cluster, District and Preliminary Plat and Final Plat of Joos Addition consisting of one lot and one outlot on 40 acres, noting that this recommendation is subject to approval of the conditions listed in the staff report that must be satisfactorily addressed prior to County Board consideration of the project.
Outcome
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