Loading...
7.b3 Interim Use Permit to Stroemer for keeping excess livestock at 13550 Scandia Trail To: Scandia City Council Reference: Stroemer Interim Use Permit (IUP) for keeping more animal units than permitted Copies to: Brenda Eklund, Clerk Dan McGrath, applicant From: Merritt Clapp-Smith, Planner Proj. No.: 17122.000 (Stroemer IUP) Date: May 13, 2019 Routing: SUBJECT: Stroemer Interim Use Permit (IUP) for the keeping of Livestock in excess of the number of animal units permitted by the Development Code MEETING DATE: May 21, 2019 LOCATION: 13550 Scandia Trail North (PID 15.032.20.32.0004) Scandia, Minnesota PROPERTY OWNER: John Stroemer APPLICANT: Daniel McGrath ZONING: Agriculture – Core (AG-C) District and General Rural (GR) District ITEMS REVIEWED: Application and materials received April 16, 2019 60-DAY REVIEW: June 8, 2019 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting an Interim Use Permit (IUP) to keep more animal units than allowed on property at 13550 Scandia Trail North, while he works to find new homes for some of the animals. The owner currently has about 40 animal units, which is excess of the 21 animal units allowed under the City of Scandia Livestock standards. Stroemer IUP Page 2 May 21, 2019 Scandia City Council BACKGROUND: In the past couple of years, there have been a number of calls regarding potential animal neglect or abuse on the property. Inspectors from the City, the Washington County Sheriff’s office, and Humane Society have been out to investigate on a number of occasions. Those site visits have not resulted in criminal fines to date. The property owner has received a citation from the City of Scandia for inadequate shelter for the animals, and for being over the number of livestock allowed (which leads to this IUP request). It is not clear from inspections how often the animals are rotated between pastures, and it has been observed that the horses and cattle are fed hay year round, perhaps due to lack of adequate pasture grass. On a recent inspection by city personnel, 23 horses and 12 steers or heifers were observed. This application for an Interim Use Permit is submitted under the Scandia Development Code provision that allows interim uses “for a brief period of time until a permanent location is obtained or while the permanent location is under construction.” [Chapter 1, Section 9.1] Stroemer property, outlined in red on the image to the right, consists of two parcels. The parcel north of Highway 97 is 30.0 acres and the parcel south of Highway 97 is 13.3 acres. The black lines indicate some specific fenced areas, although the animals graze in other areas as well. Fencing runs around the perimeter of the property. Wetlands identified in the wetland delineation are outlined in yellow on both parcels. The Development Code requirements for the keeping of animals address conditions that relate to animal welfare, such as animal density, but do not directly define standards for shelter, food or care. This staff report reviews requirements specific to the Interim Use Permit provisions. Stroemer IUP Page 3 May 21, 2019 Scandia City Council EVALUATION OF THE STROEMER IUP REQUEST All interim uses must meet the Development Code Performance Standards specific to that use, as well as the general requirements for all IUPs. DEVELOPMENT CODE STANDARDS FOR LIVESTOCK AND LIVESTOCK OPERATIONS The following standards apply to the keeping of livestock in Scandia. Chapter 2, Section 4.15 Livestock and Livestock Operations (1) Animal Density. Livestock and livestock operations shall comply with all of the following standards regardless of the number of animal units on the property or whether a permit is required: (A) No livestock, with the exception of fowl, shall be placed on any site of less than 5 acres. For purposes of this section, 5 acres may include the road right of way. (B) The following equivalents shall apply when determining animal units: Animal Units 1. one mature dairy cow 1.4 2. one slaughter steer or heifer 1.0 3. one horse 1.0 4. one swine over 55 pounds 0.4 5. one goose or duck 0.02 6. one goat or sheep 0.1 7. one swine under 55 pounds 0.05 8. one turkey 0.018 9. one chicken 0.01 10. one llama 0.5 For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds. (C) A minimum of 2 acres shall be required for each animal unit or its equivalent on parcels that are five (5) acres in size or larger. The keeping of livestock in greater density than allowed as stated above shall require an interim use permit. To obtain such permit, the applicant shall demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise and other nuisances. The livestock and operations at the Stroemer property generally meet the performance standards. Stroemer IUP Page 4 May 21, 2019 Scandia City Council Condition (A) is met. The Stroemer property is greater than 5.0 acres. Condition (B) is not met. There are currently about 35 animals equaling 35 animals units on the property, which exceeds the 21 animal units allowed under the City of Scandia Livestock standards. However, excess animal units can be allowed if an IUP is obtained under the standards of Condition (C). The table below shows the number of animals allowed on the property under the Development Code, for each parcel, compared to the number of animals there. Acres Allowed Animal Density = 1 animal unit* per 2 acres # of Animal Units on the property Main parcel 30.00 15 animal units About 23 horses and 12 steers or heifers = 35 units Parcel across road 13.3 6 animal units 0 animal units Combined Parcels 43.3 21 animal units 35 animal units *A horse equals 1 animal unit and 1 cow (or steer) equals 1.4 animal units. Condition (C) is met. The applicant can “demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise and other nuisances.” At the recommendation of City staff, the applicant had a Wetland Delineation conducted for the property, to determine if animal manure areas were a safe distance from potential wetlands. If manure was in excess of a certain amount, then a manure management plan and wetland setbacks would be required. The applicant had a wetland delineation conducted, the results of which are included in the application. No wetlands were identified in the areas where the animals are kept. Wetland setbacks would be required if the activities at the property met the definition of a “feedlot” per Development Code Chapter 1, Definition 106: “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. Stroemer IUP Page 5 May 21, 2019 Scandia City Council Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.” The application states that, “The pens have vegetative cover, the animals are not kept in enclosures where the manure builds up, and they are rotated around the pasture pens.” This meets the description of a pasture, per Development Code Chapter 1, Definition 229: “Pasture: Areas where grass or other plants are grown for grazing and where the concentration of animals is managed so that a vegetation cover is maintained during the growing season.” If the keeping of animals on the property is consistent with the above description of a pasture, then no wetland setbacks are required. DEVELOPMENT CODE CRITERIA FOR INTERIM USES All interim use must meet the requirements for all IUP’s included in the Development Code. The City’s Development Code identifies the following criteria to be met for an IUP request: 1. The proposed use shall meet the applicable standards for a conditional use permit included in the Development Code, which include: a. In compliance with and not have a negative impact on the Comprehensive Plan, including public facilities plan and capital improvement plans. b. The use will promote the general welfare and not be detrimental to or endanger the public health, safety, morals, or comfort. c. No negative effect of the proposed use on property values and scenic views d. Will not impede development and improvements of surrounding properties and uses. e. Adequate public facilities are available for the use f. Ability of the proposed use to meet the standards of the Development Code g. Complies with general and specific performance standards for the use 2. The use is allowed as an interim use in the respective zoning district 3. The date or event that will terminate the use can be identified with certainty 4. The use will not impose additional unreasonable costs on the public 5. The user agrees to any conditions that the City Council deems appropriate for permission of the use 1.a. The use must comply with and no negative effect on the Comprehensive Plan, including public facilities and capital improvement plans. The criteria is met. The keeping of animals is consistent with the rural character of the community, which is a key component of the City’s Comprehensive Plan, and does not create need or impact plans for public facilities or capital improvements. Stroemer IUP Page 6 May 21, 2019 Scandia City Council 1.b. The use will not have negative impacts on the health, safety, morals, conduct, and general welfare of the community. This criteria is met. The keeping of animals will not have negative impacts on the safety, health, morals or general welfare of the community. 1.c. The proposed use will not be injurious to the use of other properties in the vicinity or substantially diminish and impair property values or scenic views. This criteria is met, if the animals are kept to the confines of the applicant’s property. The keeping of animals is consistent with the rural character of the area, does not cause injury, and is an expected part of the rural scenery. 1.d. The proposed use will not impede the development and improvement of surrounding properties for uses that are permitted in the district. This criteria is met. The keeping of animals is an allowed use and will not impact the ability of surrounding properties to be developed for the uses permitted by the Development Code, which focus on a rural lifestyle. 1.e. Adequate public services are available or could be provided to accommodate the use. This criteria is met. No additional public services are needed to accommodate animals on the site. 1.f. Ability of the proposed use to conform to the regulations of the Zoning District and Development Code. This criteria is mostly met. Livestock are allowed in the GR and AG-C districts on properties larger than five (5) acres, which this is. There are fenced areas for the animals, although some fences appear to be in disrepair. Agricultural structures on the property can provide shelter for the animals, if accessible to them. There is no limit on the number or size of agricultural buildings on parcels greater than 20 acres, which this is. 1.g. The use complies with the general and specific performance standards in the Development Code. This criteria is met, as described in the previous section of the staff report and in 1.f. above. 2. The use is allowed as an interim use in the respective zoning district Development Code Chapter 2, Section 4.15 Livestock and Livestock Operations (1)(C) states that “T he keeping of livestock in greater density than allowed as stated above shall require an interim use permit.” Stroemer IUP Page 7 May 21, 2019 Scandia City Council The keeping of animals is an allowed use on the GR and AG-C districts. The interim use permit applies to the number of animal units being kept. There is not a distinction in the Code for IUPs for excess animal units being allowed in some zoning districts and not in others. 3. The date or event that will terminate the use can be identified with certainty This criteria should be met. The applicant shall identify a date by which to come into compliance, which seems reasonable to the City Council, and that date shall be the time limit for the interim use permit. After such time, the permit would expire and the applicant would be expected to be in compliance with the Development Code standards for number of allowed animal units, or face enforcement action. 4. The use will not impose additional unreasonable costs on the public This criteria is met. The costs to the public are those related to nuisance calls and officer visits, which are limited. 5. The user agrees to any conditions that the City Council deems appropriate for permission of the use This criteria will be met if an interim use permit is issued by the City and signed by the applicant. Summary of the Evaluation of the IUP Request The evaluation of the proposed use based on the requirements and standards for the keeping of livestock and interim uses indicate that it meets the City’s requirements for granting an IUP with conditions. Note: Welfare of the animals is under the regulations and enforcement jurisdiction of the County and State. The Washington County Sheriff’s office is well aware of the property and complaints, and has engaged the proper authorities to address any issues that may be found. ACTION REQUESTED: The City Council can do one of the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. Stroemer IUP Page 8 May 21, 2019 Scandia City Council PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of an Interim Use Permit for the keeping of animal units in excess of those allowed by the Development Code, on a temporary basis, at 13550 Scandia Trail North, under the following conditions: 1. The applicant shall take active steps to reduce the number of animal units on the property in order to comply with the number allowed under the Development Code and shall achieve compliance by October 31, 2019. 2. The facilities and enclosure areas for the animals, including fencing, shall be maintained in good repair. Any fencing that does not properly contain the animals to the property shall be immediately repaired. 3. The areas for animal movement and grazing shall be maintained such that they meet the definition of “pasture” in the Development Code: “Areas where grass or other plants are grown for grazing and where the concentration of animals is managed so that a vegetation cover is maintained during the growing season.” 4. The city may inspect the property as needed to evaluate compliance with the IUP conditions and in response to complaints from the public. 5. The Interim Use Permit shall terminate on October 31, 2019, by which time the applicant shall be in compliance with the Development Code standards for the allowed number of allowed animal units. 6. The applicant shall pay all fees and escrows associated with this application.