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08.b2 Staff Report Lorenz IUP TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Lorenz Livestock IUP Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Correy and Michelle Lorenz, Owners Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: December 13, 2022 SUBJECT: Interim Use Permit (IUP) to allow for livestock at a density greater than permitted MEETING DATE: December 20, 2022 LOCATION: 16315 209th Street North, PIDs 1903219220004 & 1903219220008 APPLICANT/OWNER: Correy and Michelle Lorenz ZONING: Rural Residential – General (RR-G) REVIEW PERIOD: 60 day period ends January 16, 2023 ITEMS REVIEWED: Application and plans received November 17, 2022 DESCRIPTION OF THE REQUEST The owner of the subject property is looking to raise some cattle on their property in the city of Scandia. The applicants are interested in having at the maximum 20 head of cattle. If the interim use is permitted, the applicants would construct a structure to shelter the cattle, as well as fencing and a manure storage area. The subject property consists of two parcels, totaling 6.15 acres in size. The Unified Development Code (UDC) outlines requirements for livestock and livestock operations in Chapter 153.300.030 Subd. 1(P). This section also outlines the maximum amount of livestock permitted, based on animal units and the size of the property. A head of cattle is equal to 1.0 animal units (other types of livestock are assigned different animal units). Each animal unit is required to have a minimum of two acres of land, therefore a single head of cattle would require two acres of land. For a property of 6.15 acres, this would equate to a permitted density of three cattle. The code allows for a higher density of livestock being permitted through an interim use permit (IUP). IUPs follow a similar review and approval process as CUPs, in that the Planning Commission reviews the request, and the City Council ultimately approves or denies the request. The Planning Commission Lorenz Livestock IUP Staff Report December 20, 2022 Scandia City Council Page 2 reviewed the request at their December 6th meeting, and recommended approval of the request with a number of conditions. PROPERTY INFORMATION Parcel description: 16315 209th Street North is located on the eastern portion of the city, just west of the intersection of 209th Street and St Croix Trail North / TH 95. The subject property consists of two parcels, totaling 6.15 acres in size. A house and detached accessory structure are located on the south ern half of the property, while the rest is primarily undeveloped open space. The property gradually slopes down from the southwest corner of the property towards the two roadways. Properties nearby are primarily single-family residential, or agricultural in use. Land Use: Single-family residential Figure 1: Aerial of nearby properties, per City GIS. Red is the subject property, grey is right-of-way EVALUATION OF REQUEST Applicant’s Explanation of the Request See application included with meeting materials. Lorenz Livestock IUP Staff Report December 20, 2022 Scandia City Council Page 3 UDC Requirements Livestock Standards and Requirements Chapter 153.300.030 Subd. 1(P) outlines the requirements for livestock in the city. The density of livestock permitted on a site is based on the size of the property, and the total animal units for the livestock being housed on the property. Table 153.300.030-1. ‘Animal Units Per Acre Equivalents’ lists the animal unit value assigned to different types of livestock; these values are the same as was outlined in the Development Code, and similar to what other communities use in Washington County and the state as a whole. 153.300.030 Subd. 1(P)(IV) notes that a minimum of two acres is required for each animal unit, and that an IUP is required to exceed that density. In this case, the applicants would be limited to three cattle without an IUP, as their property is only 6.15 acres in size. To obtain the Interim Use Permit, 153.300.030 Subd. 1(P)(IV) notes that “the applicant must demonstrate that facilities are present and that appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise and other nuisances”. The applicant is proposing to have a 100 SF (10’ x 10’) manure storage area on the site; excess manure would be spread on a neighbor’s farm fields as fertilizer, or sold to other interested buyers. The applicant proposes to add fencing for pasture and grazing areas, and a 128 SF shelter for the cattle if the IUP is approved. Accessory Structures and Fencing Accessory structures are covered under 153.200.030 Subd. 6. Dimensional standards for accessory structures sheltering farm animals are covered under Subd. 6(B); required setbacks for such structures are 100 feet from any property line, 50 from wells or residential structures on the property, and 200 feet from any wetlands/lakes/streams. Table 153.200.030-20. ‘Accessory Structure Dimensional and Size Standards’ outlines the size and number of accessory structures permitted on a property. Since this property falls in the 5.00 to 9.99 acre size category, one agricultural building is permitted. Building permits would be required for the structure, due to its size; zoning requirements would be reviewed as part of the building permit process. Fencing standards are found in Section 153.400 of the UDC. A fence would be permitted up to a height of six feet along the right-of-way for a parcel that is agricultural in use, provided said fence is ‘wire strand, woven wire, or wood split rail fence’ Livestock vs Feedlot The proposed use would result in having 20 animal units, or an animal density of 3.25 animals units per acre. While this would be higher than what is permitted, staff determined it would not fit into the definition of the ‘feedlot’ land use as defined in the UDC, and that an Interim Use Permit (which can have an end date set) would be better than permitting the use through a Conditional Use Permit. Chapter 153.600.30 of the UDC lists the definitions of uses, which states the following for a 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. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be consid ered to be animal feedlots. Pastures shall not be considered animal feedlots”. This is the same definition as found in Minnesota State Statutes and is used by the Minnesota Pollution Control Agency (MPCA). The proposed use would be required to register with the MPCA as a feedlot if it was at a density of 50 animal units, and submit an MPCA compliant manure management plan at a density of 100 animal units; Lorenz Livestock IUP Staff Report December 20, 2022 Scandia City Council Page 4 animal units for this are calculated differently than what the city uses, though the applicant would still be below those thresholds. A Manure Management Plan would be required for the transfer of manure, which the applicant is proposing. Planning Commission Review During review of the request, the commissioners discussed the details of the request with the applicant. The applicant noted they would begin the use with ten calves, and once those are grown after 12 -18 months they would then add ten calves again for another ‘rotation’. Due to the size of the site, feed would be brought in for the cattle. The commissioners recommended a three year period for the proposed interim use, which would allow the applicant to raise at least one rotation of cattle and for the city to then review the request in the future if the applicant wishes to reapply. IUP CRITERIA Chapter 153.500.060 Subd. 1(C)(I) of the Development Code lists the general standards to meet to grant a CUP or IUP in italics, with the Planner’s findings following : 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. Livestock and Livestock Operations are a permitted use in the RR-G zone, and is not in conflict with the Comprehensive Plan. The ordinance permits additional animal density through an IUP. The proposed use will not require new public facilities or impact the City’s capital improvement plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed use is permitted within this zone, just at a higher animal density than permitted. The proposed use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. Conditions of approval can be added if the City finds issues with the proposed use in relation to surface or ground water contamination, excessive manure accumulation, odor, noise, and other potential nuisances. Due to the proposed transfer of manure, a Manure Management Plan is required to be submitted to the city. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The site is already screened from lots to the east, west, and south by existing vegetation, the only lot that would be able to easily see the structure is the lot to the north. Drivers at the intersection of 209th and the highway would also be able to see the proposed use. Most properties are either agricultural or residential in use, as lots in this portion of the city are zoned RR-G. This zone is meant to ‘promote the rural character of the city’, the raising of livestock would be consistent with a rural setting. Given the existing landscaping between the subject property and neighboring lots, and the rural character of the area, this use will not substantially diminish or impair nearby property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Lorenz Livestock IUP Staff Report December 20, 2022 Scandia City Council Page 5 The proposed use will not impede development or improvement of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The proposed use will use the same driveway as the house, no new curb cut or access drive will be needed. The proposed use would not require an extension of city-owned public facilities. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the RR-G Zone, and is consistent with the requirements of the UDC. Conditions of approval can be added if the City finds issues with the proposed use in relation to surface or ground water contamination, excessive manure accumulation, odor, noise, and other potential nuisances. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. This proposed interim use meets the general and specific performance standards of the UDC. In addition, Chapter 153.500.060 Subd. 1(C)(II) notes the following standards specific to IUPs: 1. The use is allowed as an interim use in the respective Base Zoning District or any applicable Overlay District. Livestock are a permitted use in the RR-G zone; the proposed density of 3.25 animal units per acre (20 animal units on 6.15 acres of land) is able to be permitted through an interim use permit. 2. The date or event that will terminate the use can be identified with certainty. As an interim use, the city can set an end date or ‘sunset’ of the interim use. Due to the size of the property, and the number of animals proposed, the Planning Commission recommended the use end in three years. 3. The use will not impose additional unreasonable costs on the public. The proposed use would not require an extension of city-owned infrastructure or facilities (such as roads, city sewer, etc.). 4. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Conditions of approval must be agreed to by the applicant. ACTIONS REQUESTED The Scandia City Council can do one of the following: 1. Approve, with or without conditions 2. Deny, with findings 3. Table the request Lorenz Livestock IUP Staff Report December 20, 2022 Scandia City Council Page 6 RECOMMENDATION The Planning Commission recommended the City Council approve of an Interim Use Permit (IUP) to allow for livestock at a density greater than permitted. The following amendments are recommended: 1. The applicant is permitted a maximum of 20 cattle on the property. Increases in the number of cattle on the site shall require an amendment to the IUP. 2. The applicant shall adhere to the fencing and accessory structure requirements of the UDC. 3. The applicant shall submit a manure management plan to the city. 4. The applicant shall acquire applicable permits required by the watershed district, and adhere to their requirements. 5. The IUP shall terminate three years from the date of approval in the event the property is sold, the use is discontinued, or conditions of the permit are violated, whichever occurs first . 6. The applicant shall secure all applicable local, state, and federal permits for the proposed request. 7. The applicant shall pay all fees and escrow costs related to the application.