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5.d Land Spreading of septageMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Reference: Land Spreading of Solid Waste Draft Ordinance 181 Project No.: 16023.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: November 23. 2016 The Planning Commission discussed the need for an ordinance to specify the zoning districts where properties could be licensed by Washington County to permit the spreading of solid waste (septage). Farmers are interested in this use to fertilize their fields. The County ordinance that governs this use (Ordinance 114) permits the use on agricultural properties. The Commission recommended that land spreading be permitted in Scandia on agricultural properties in the Agriculture Core (AG C) and Agriculture Preserves (AP) Districts, but not in the General Rural (GR) or Village Neighborhood (VN) Districts, where agricultural uses are permitted, but lot sizes are smaller and spreading septage is more likely to have negative impacts on adjacent parcels. At the November meeting, the Commission also asked about whether Land Spreading is permitted in Shoreland Districts. The Planner asked County Health Department staff that question, and County staff indicated that Land Spreading of septage is prohibited in Shoreland areas by their ordinance. Neil suggested that we amend the land use section of the City's Shoreland Ordinance to exclude land spreading from the Agricultural use permitted in Shoreland areas. County staff noted that the City could cite the County ordinance if it received an application for spreading septage in a Shoreland Area prior to County review, but it is fine to make the change to the Shoreland Ordinance so City staff have the reference at hand. That chanae can be made as a part of uodatina the Shoreland Ordinance to address the State's new Buffer Law (separate memo for December 6). A draft ordinance is attached that includes the following proposed amendments to the Development Code: • The draft ordinance adds the County definitions for Land Spreading/Land Application and Land Spreading/Land Application Site to the definitions in the Development Code. • The draft ordinance adds Land Spreading/Land Application of Solid Waste (County - Licensed), Accessory to an Agriculture Use to the list of accessory uses in the AG C and AG P sections of Chapter 2 of the Development Code. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Reference: Land Spreading of Solid Waste Draft Ordinance 181 Project No.: 16023.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: November 23. 2016 The Planning Commission discussed the need for an ordinance to specify the zoning districts where properties could be licensed by Washington County to permit the spreading of solid waste (septage). Farmers are interested in this use to fertilize their fields. The County ordinance that governs this use (Ordinance 114) permits the use on agricultural properties. The Commission recommended that land spreading be permitted in Scandia on agricultural properties in the Agriculture Core (AG C) and Agriculture Preserves (AP) Districts, but not in the General Rural (GR) or Village Neighborhood (VN) Districts, where agricultural uses are permitted, but lot sizes are smaller and spreading septage is more likely to have negative impacts on adjacent parcels. At the November meeting, the Commission also asked about whether Land Spreading is permitted in Shoreland Districts. The Planner asked County Health Department staff that question, and County staff indicated that Land Spreading of septage is prohibited in Shoreland areas by their ordinance. Neil suggested that we amend the land use section of the City's Shoreland Ordinance to exclude land spreading from the Agricultural use permitted in Shoreland areas. County staff noted that the City could cite the County ordinance if it received an application for spreading septage in a Shoreland Area prior to County review, but it is fine to make the change to the Shoreland Ordinance so City staff have the reference at hand. That chanae can be made as a part of uodatina the Shoreland Ordinance to address the State's new Buffer Law (separate memo for December 6). A draft ordinance is attached that includes the following proposed amendments to the Development Code: • The draft ordinance adds the County definitions for Land Spreading/Land Application and Land Spreading/Land Application Site to the definitions in the Development Code. • The draft ordinance adds Land Spreading/Land Application of Solid Waste (County - Licensed), Accessory to an Agriculture Use to the list of accessory uses in the AG C and AG P sections of Chapter 2 of the Development Code. An employee owned company promoting affirmative action and equal opportunity Rural Commercial District Uses Page 2 August 2, 2016 Scandia Planning Commission • The draft ordinance specifically excludes land spreading of septage in the General Rural (GR) and Village Neighborhood Districts as part of the Agricultural use permitted in those districts. I CITY OF SCANDIA ORDINANCE NO. 181 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, SECTION 4.2, DEFINTIONS; CHAPTER 2, SECTION 2.4 AGRICULTURE DISTRICT—CORE (AG C); CHAPTER 2, SECTION 2.5, AGRICULTURE PRESERVES DISTRICT (AP); CHAPTER 2, SECTION 2.6, GENERAL RURAL DISTRICT (GR); AND CHAPTER 2, SECTION 2.7, VILLAGE NEIGHBORHOOD DISTRICT (VN) The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 1, Section 4.2, Definitions, shall be amended to add the following: (161) Land Spreading/Land Application: The placement of waste or waste by-products on or incorporated into the soil surface. (162) Land Spreading/Land Application Site: Any land used for the purpose of land spreading or the land application of waste or waste by-products. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 2, Section 2.4, Agriculture District—Core (AG C), shall be amended to read as follows: (3) Accessory Uses. The following uses are permitted accessory uses in the AG C District, subject to the applicable provisions of this Chapter. (A) Accessory Structures (B) Columbaria - Accessory to a Place of Worship (C) Daycare Facility (Nursery, Day), State Licensed, located within a residential setting (Serving 14 or Fewer Persons) (D) Exterior Storage of Personal Property (E) Feed and Seed Sales — Accessory to an Agricultural Use (F) Fences (G) Home Occupations (H) Horse Training Facility, Private — Accessory to a Residential Use (I) Keeping of Animals Ordinance No. 181 Page 1 of 4 O Land Spreading/Land Application of Solid Waste (County -Licensed), Accessor to o an Agriculture Use (J)LK) Off -Street Parking and Loading (K) L) Recreation Facilities and Equipment (P(M _Recreation, Outdoor Private (M)fN)__Signs N(0) Temporary Produce Stands Section 3. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 2, Section 2.5, Agriculture Preserves District (AP), shall be amended to read as follows: (3) Accessory The following uses are permitted accessory uses in the AP District, subject to the applicable provisions of this Chapter. (A) Accessory Structures (B) Daycare Facility (Nursery, Day), State -Licensed, located within a residential setting Serving 14 or Fewer Persons) (C) Exterior Storage of Personal Property (D) Feed and Seed Sales — Accessory to an Agricultural Use (E) Fences (F) Home Occupations (G) Horse Training Facility, Private (H) Keeping of Animals (I) Land Spreading/Land Application of Solid Waste (County -Licensed Accessory to an Agriculture Use (7) Off -Street Parking and Loading (KJ) Recreation Facilities and Equipment (LK) Signs (ML) Temporary Produce Stands Ordinance No. 181 Page 2 of 4 Section 4. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 2, Section 2.6, General Rural District (GR), shall be amended to read as follows: (2) Permitted Uses. The following are permitted uses in the GR District. (A) Agriculture (excluding Land Spreading/Land Application of Solid Waste) (B) Agricultural Businesses, Seasonal (C) Agricultural Direct -Market Business (D) Agricultural Processing (E) Essential Services (F) Feedlots, Less than 10 Animal Units (G) Livestock and Livestock Operations (H) Public Parks and Recreation Facilities (I) Residential Facility, State -Licensed (serving 1 to 6 persons) (J) Single Family Residence Section 5. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 2, Section 2.7, Village Neighborhood District (VN), shall be amended to read as follows: (2) Permitted Uses. The following are permitted uses in the GR District. I (A) Agriculture (excluding Land Spreading/Land Application of Solid Waste) (B) Essential Services (C) Livestock and Livestock Operations (D) Public Parks and Recreation Facilities (E) Residential Facility, State -Licensed (Serving 1 to 6 persons) (F) Single -Family Residence Ordinance No. 181 Page 3 of 4 Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this W-dayof July , 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. 181 Page 4 of 4