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10.a 1 Lorenz IUP for Additional Animal Units Staff Report and ResolutionsStaff Report Date of Meeting: February 21, 2023 To: Mayor and City Council From: Anne Hurlburt, Interim City Administrator Re: Interim Use Permit (IUP) for Additional Animal Units Applicant: I Correy and Michelle Lorenz Owner: Correy and Michelle Lorenz Lorenz Property 2 LLC 16315 209" Street North Location: PID 1903219220004 & 1903219220008 Action Requested: Zoning: Rural Residential - General (RR-G) Future Land I I General Rural Use Review I March 17. 2023 Deadline: A. Consider whether to approve or deny the request for an Interim Use Permit (IUP), and B. Consider whether to waive certain fees required to be paid by the applicant. Background-- IUP: The Planning Commission held a public hearing on this application at their December 6, 2022, meeting. and recommended approval. The Council discussed it at the December 20, 2023 and January 17, 2023 meetings. Excerpts of the minutes of those meetings are attached. Copies of all staff reports and application submittals are also in included in the Council packet. At the end of the January 17 meeting, the Council asked the applicant for provide a more detailed manure management plant. After some e-mail exchanges with the city planner an e-mail dated February 14, 2023 was submitted with a proposed manure management plan as follows: 1. We plan on spreading the manure on our land. if there is excess manure that cannot be stock piled / composted we have 2 volunteers that would accept the manure. Mike Slater and Wally our neighbor. 1 2. a 1000 lb cow produces 60 lbs of manure per day. a baby cow produces 5 gals per day. we produce 292.5 lbs per day, 106762.5 per year, 53 tons per year. Our acreage can hold 61.5 tons of manure that would be spread on our land. We have a spreader to spread it in our yard. 3. When the manure builds up weekly we will scoop it up with our tractor and put it into our manure spreader and our compost/stockpile area. 4. When the ground is frozen it is hard to pick up the manure. We will have to wait until the ground thaws to scoop up the manure. These cows are outdoors, not in a barn. I have checked with other friends who are also cattle farmers, who stated that there is not a good way to pick up manure in the winter in the zipper Midwest where it freezes. The Council will need to determine whether the foregoing proposal is an adequate plan. The MPCA does have more detailed guidelines for manure management plans (see the original application materials) but they do not apply to this site as an MPCA feedlot permit is not required. Staff has concerns that the primary plan is to re -spread the manure from approximately 12+ animal units across the 6.15 acres where these same animals will be pastured and grazing. At the last meeting, the applicants were asked to obtain a written confirmation and agreement from persons willing to take possession of and haul away manure on a regular basis. The applicants have provided names, but not any written agreement or assurance. The pasture areas on which applicants plan to both house the animals and spread the manure are within 500 feet or less of several neighboring homes. The homes directly to the north and south are less than 200 feet to the pasture areas. The number of animals and the close proximity of neighboring homes may be a situation that is ripe to create a public nuisance. The Council will need to determine whether the applicants have met their burden to demonstrate that the proposed use will not negatively affect the health and welfare of their neighbors. Background —Fees: Since the last Council meeting, the applicant questioned the fees incurred for the city to review the application This discussion ended with an agreement that the city would direct the planner to cease work on the application to avoid additional cost. The applicant argues that work billed by TKDA ($570.00) for their work to prepare for the Planning Commission review was adequate, and that the billings from Bolton and Menk ($1,354.50) for their work on the application were unnecessary and duplicative. 2 Staff disagrees. While there may have been some duplication of effort for a new planner to take over the project, Bolton and Menk's billings appear to be reasonable for the effort needed to prepare for the Council meetings and respond to the Council's requests. Recommendations: A. The Council should decide whether to approve or deny the Interim Use Permit (IUP.) Draft resolutions for either approval or denial are provided. Since the last Council meeting, the City Attorney has reviewed and made a few additions to the resolutions. B. The Council should determine whether to waive payment for some of the fees incurred for review of the application. At most, I recommend that the city might absorb some o of TKDA's bill, in recognition that Bolton & Menk may have had to duplicate part of that effort when they took over in January. Attachments to this Memo: • Excerpt, Draft City Council Minutes January 17, 2023 Excerpt, City Council Minutes, December 20, 2022 • Excerpt, Planning Commission Minutes December 6, 2022 • Draft Resolution for Approval • Draft Resolution for Denial Other Materials Provided in Council Packet: 10 a.2 Lorenz Email re: Manure Management 10 a.3 Emails re: Planning Cost Issues Lorenz 10 a.4 Emails TJ Hover and Lorenz re Manure Management Plan 10.a 5 Staff report 01 17 2023 10.a 6 Complete Application Materials from Dec 2022 Council Packet Lorenz IUP 10.a 7 Public Comments Lorenz IUP CITY ENGINEER Ei ineering Updates City -- -e Goodman provided a report on engineering activities. 2023 St et Improvement Project is scheduled for January 25th. On Goodman -HI be awarding medals and cash prizes for the Vinte es DIRECTOR OI Public Works Di January 17, 2023 Scandia City Council Page 5 of 9 Xe bid opening for the :half of Bolton &Menk, snow sculpture contest. Charles Fischer reported on the d artment activities. They have been busy with snow and is control on the roads; rink mai enance has been a challenge with snow and warming temperature with staff working tog the skating rink back in shape. The Council Chambers redo has been coi snow removal assistance from The streetli is on Oakhill Road will be repaired, once inaton Co 3tv occurs within the next 2-3 weeks. CITY ADMINISTRATOR Interim Administrator Hurlburt reporte general updates provided in a staff memo. Washington County has scheduled th oca oard of Appeal and Equalization for Scandia to be on April 17, 2023 from 5-6 pm. Update, Trash and Recycling ervices At the January 4tn Work Ses 'on, the Council gave staff ' ection to work on an organized collection system for the c' Administrator Hurlburt repo d that she talked with Washington County staff and Foth C sulting, with plans to bring a propo to the February 1st work session and begin the process the 60-day negotiating period with the c ent hauler. A committee will need to be created to esearch an ordinance. The County will provid ssistance to develop an ordinance, but not ver the costs for committee support. Hurlburt reco ended an outside contract with Fot Consulting to facilitate the committee throughout the p cess, and will bring forward a quote at a future meeting. City Admin ' trator Search: Set Special Meetings for Selection of Finalists\andterAdvertis' for the City Administrator position began at the end of Decembe applicab n deadline of January 31, 2023. The city's consultant (Charlene Stevens, Go-V will re iew and evaluate the applications and recommend possible finalists for Council at a F bruary 21St Special Meeting just prior to the regular meeting. Council agreed on the date of March 1 Ot" to interview the finalist candidates. Hurlburt will with Ms. Stevens to confirm the date. INTERIM USE PERMIT FOR ADDITIONAL ANIMAL UNITS AT 16315 209TH FROM DECEMBER 20, 2022 MEETING) (RESOLUTION NO.2023-07) At their meeting on December 20, 2022, the Council tabled a request from Correy and Michelle Lorenz for an Interim Use Permit for additional animal units on their property at 16315 209tn Street, zoned Rural Residential - General. The Planning Commission held a public hearing on December 6, 2022 and recommended approval for a 3-year IUP for up to 20 cattle. Council directed staff was directed to work with the applicants on a revised request. January 17, 2023 Scandia City Council Page 6 of 9 Planner Hofer met with the applicants and discussed total animal units that could be allowed on the 6.15-acre property with an IUP. They currently have 2.1 animal units with calves and swine on the site. The UDC permits up to 3 animal units for a property this size. Hofer explained that the proposed use to raise beef cattle from calves to slaughter by a cyclical process could be accomplished with an allowed animal unit maximum anywhere between 13 and 15 animal units with conditions. A table was provided in the staff report with the proposed animal units. Table 2: Proposed Conditions: Maximum Operational Animal Units Number of Animal Type Animal Unit Total Animal Unit Animal 150110001.35 Calves, 150 lbs or less 9 or 0.15 Slaughter Cattle 9 1 9 Swine, over 55 lbs 5 0.4 2 Total 12.35 animal units Hofer explained that a manure management plan was provided by the applicants. They are proposing to have a 10' x 10' manure storage area on the site, with plans to sell or give away the excess to be spread on a neighbor's farm fields as fertilizer. Features of the property would not cause concern for groundwater contamination. Hofer explained the UDC's criteria to evaluate an IUP. Certain aspects of the manure could impact neighbors, but a plan was provided. Raising livestock is consistent with ag use zoning. Hofer concluded that the use meets the general and specific performance standards of the UDC and the goals of the comp plan. Hofer explained that the UDC does not establish a standard for a maximum number of animal units, but does allow for an IUP for additional animal units. Hofer reported that the Planning Commission recommended the IUP terminate at 3 years, at which point the applicants would reapply and allow the city to evaluate how the use is performing. With the cyclical nature of raising the cattle for slaughter, up to nine cattle could be on the property at one time. Planner Hofer explained that he prepared resolutions for two options; to either deny the request with findings or to approve the IUP with conditions and allow up to maximum of 15 animal units. Hofer said that up to 15 animal units will provide a buffer in the event short-term conditions of the operation result in more than the planned 12.35 animal units. Correy and Michelle Lorenz addressed the Council and said they appreciated the meeting with staff, and that the Council chose not to deny their request last month but tabled it instead. Kronmiller questioned Planner Hofer's guidance to not make a decision solely on animal units. Hofer said that the UDC does not currently have a standard that would make a determination on maximum units allowed on a site through an IUP. To deny, the Council would need to make January 17, 2023 Scandia City Council Page 7 of 9 findings that the use does not meet a standard in the ordinance. A denial should rather be based on circumstances of the property instead in order to make a reasonable conclusion. The Council discussed their concerns with the manure volume and requested a more formal manure management plan. Mayor Maefsky said she has concerns that if approved to go over the allowed number of animals, this could open up requests for additional properties to exceed animal units. Staff proposed setting conditions on manure management and establish a way to deal with accumulation. If the accumulation exceeds an allowed amount of what is contained in a 10' by 10' area and not removed, the City can use the process to enforce the conditions or revoke the IUP. Council member Benson stated that the IUP analyzes what can be allowed by meeting criteria. Administrator Hurlburt noted that everyone's land is different and a request such as this would be analyzed differently based on the circumstances. This IUP process allows discretion and flexibility in the analysis; this is a feature of the code in that the property owners are applying for an IUP and have a right to ask for flexibility if the standards are met. Mayor Maefsky said she needs to see a more detailed manure management plan including over the winter months, a guaranteed commitment to removing it, and to look at lowering the number of animal units to 11. Maefsky said there should be a clear plan for who will remove manure from the site, what happens in wintertime, and an analysis of the volume generated in how much time. Administrator Hurlburt recommended bringing a final resolution of approval to the February 1 St Work Session for approval with these changes. Council member Cusick said he has other concerns that could generate complaints, such as noise, and truck traffic. Administrator Hurlburt said that odors was a concern from neighbors as related to accumulated manure. The property is along State Highway 95 which generates far more traffic noise than the operation would. Maefsky, second by Kronmiller, moved to direct staff to prepare a resolution to approve an IUP with conditions addressing a manure management plan for review at a future meeting. Motion carried 5-0. OF UNDERSTANDING (MOU) WITH CR X WATERSHED DISTRICT FOR BLISS ADDI TORMWATER MAMA ENT RETROFIT PROJECT Carnelian -Ma ' -St. Croix Watershed A istrator Mike Isensee joined the meeting on Zoom to report that the B dditio water Management Project is close to having final plans for the engineering revi e Watershed has approved putting the project out for bids on January 25'". Thi a culminatio a study completed in 2019 for water quality improv�er to Big Marine Lake, which warded a Clean Water Grant in 2022 to treat storm wing into the lake to reduce phosph loading. Water quality treatment practices December 20. 2022 Page 4 of 8 Regarding t ssue of wetlands, Cammilleri noted that it mee a 200' setback from the DNR water y, and from the road. *Benson, second by Cusick, moved to approve Resolution No. 2022-44, Approving a Conditional Use Permit for 23183 Meadowbrook Avenue. Motion carried 5-0. Interim Use Permit for animal density above the allowed number at 16315 209th Street North. Correy and Michelle Lorenz, Applicants. Resolution No. 2022-45 Planner Monson presented the recommendation from the Planning Commission to approve an Interim Use Permit for increased density of livestock above the allowance permitted for the size of the property at 16315 2091h Street. Monson explained that the property is 6.15 acres and is permitted 3 animal units. The applicants are planning to raise calves to slaughter weight, starting with 10 and proposing up to 20 cattle. The UDC defines one cow as one animal unit. Monson described the conditions of approval from the Planning Commission — the IUP will expire within 3 years at which time the applicants can reapply to continue the use, there may be a maximum of 20 cattle, and a manure management plan must be submitted. The 3-year time frame will allow the operation to go through a cycle of raising cattle and provide time for the city to review the operation. Monson noted that the IUP can be discontinued if violations occur. Monson said the Commission received comments both for and against the request, but found the ordinance does not give an upper limit based on acreage. The ordinance does allow for an IUP to be pursued to exceed animal density. Council member Cusick said this is a 650% increase over what is allowed. A nearby farm is at 2.5 animal units per acre. This property slopes and could contribute to runoff. Cusick said there is a reason for the animal units chart; even permitting 6 cattle over the 3 as allowed is a 100% increase. Council member Benson said they do have flexibility to set a limit with criteria #2 and 43, the impact to surrounding properties. Benson said she is concerned about the number of cattle, and could they allow a trial with a lesser number. Applicants Correy and Michelle Lorenz addressed the Council and explained that a sacrificial pasture is one used to allow the other 2 pasture areas to regenerate. Council member Ray asked why so many cattle. Mr. Lorenz said they plan to raise organic meat, and determined this is a reasonable number after consulting with agriculture experts for a ratio or acceptable number — 20 was the number they came to. Mr. Lorenz said they are not trying to start with 20, but could work up to that. Administrator Cammilleri asked if there are any other livestock on the property. Mr. Lorenz said they have five pigs and two goats. Cammilleri recommended they provide an inventory of animals being raised for agricultural activity to determine total animal units. Staff recommended the resolution should reference animal units, to replace the word cattle. December 20, 2022 Scandia City Council Page 5 of 8 Administrator Cammilleri said the Commission was concerned about this density, but no maximum density is provided in the code. A feedlot is addressed separately but does not apply here. Mayor Maefsky said she has a hard time allowing from 3 to 20 head of cattle, and this could be inviting people to increase the number they have on a property. Attorney Nelson explained the Council could offer a written statement of denial with findings, or table a decision to allow the applicant time to reconsider a lower number of livestock. The city will have a review time of up to 120 days for a decision. If the Council is not interested in going above the allowed density limit, they can deny at this meeting. Lorenz said he has a right to apply for an IUP, and had eleven neighbors in favor. Mayor Maefsky said she is worried about the implications of this number, but not sure what the number should be. Benson, second by Kronmiller, moved to table the IUP request and extend the time to make a decision up to 120 days. Motion carried 5-0. NDIA INTERNET ACT IAC air Bob Wilmers provided an update on internet activity. co is working on an extensio roject, but there are delays due to supply issues fort components. Administrator Cammilleri s at a future meeting, the Council will conside a Memo of Understanding to extend the agree nt with Midco beyond the expected end -date due to the shortage of materials. Wilmers announced a n grant area of 112 home ` and Big Marine Lake was awarded to Washington County; constr tion is planned in 23, to be completed by the end of 2024. Scandia's allocation for the pro' ct is expec to be $92,500. Staff anticipates an agreement for this new County grant area with i co be forthcoming — Midco hasn't yet officially approached the city. Scandia was aw ed no grants directly from this DEED round. Wilmers explained a federal lin c xtension p ram will be available for residents to directly apply to, and asked that staff ublicize this progr to Scandia residents. Wilmers said this can help with fiber installatio n long driveways. TOURISM The Tourism ComAittee did not meet in November. The EDA d'd not meet in November or December. WAS WATER COMMITTEE The Wastewater Committee did not meet in December. Scandi lanning Commission December 6, 2022 Page 6 of l 1 Administrator Cammilleri advised that the condition for an HO/not cluded. The developer is t proposing an HOA and the city cannot force this as thereance to require tab 1 ent of an HOA. Commissioner Rynders said he wantee that the outlots do not becorr a burden to the city. Rynder's moti6q failed for lack of a second. J Libby, second by L ke, moved to adopt PC Resol tion No. 2022-16, Approving a Preliminary Plat for Iling Acres 61, with ame ments: 1) The access road Outlot A be increase to 66 feet in width. 2) Amend language to ondition #1 to s to "...create 7 lots and 2 outlots..." Motion carried 5-0 roll call te. Hurlburt advised to clarify road arc, . Staff pulled up the City's Engineering Details and confirmed that subdivision road stand s designate road width at 60 feet. The Commissioners were directed to reconsider the motion. Libby, second by Rynders, moved to recons er the motion. Motion carried 5-0. The motion was back on the table for further discus 'on to amend the width of the access to 60- feet. Rynders, second by Libby, moved to approve an amendment to the motion. Motion carried 5-0. Rynders, second/by Fodor, moved to adopt PC Resolution No. 0,22-16, Approving a Preliminary Plat for Rolling Acres 61, with amendments: 1) The ac�ess road to Outlot A be increased to 60 feet in width. 2) Amod language to Condition #1 to state "...create 7 lots and 2 outlots..." 3) O� 41ot A be subject to a conservation easement. Motion,�arried 5-0.� The ecommendation to approve the Preliminary Plat for Rolling Acres 61 will be pres ed to th City Council at their meeting on December 20, 2022. PUBLIC HEARING: INTERIM USE PERMIT FOR ANIMAL DENSITY ABOVE THE ALLOWED NUMBER AT 16315 209TH STREET NORTH. CORREY AND MICHELLE LORENZ, APPLICANTS. PC RESOLUTION NO.2022-17 Applicants Correy and Michelle Lorenz are proposing to have livestock above the density level allowed for their property at 16315 209'h Street. The property consists of 2 parcels, totaling 6.15 acres, and permitted to have 3 animal units based on the Unified Development Code requirements for livestock operations allowing one animal unit per 2 acres (one beef cow equals one animal unit). The code allows for a higher density of livestock being permitted through an Interim Use Permit. The applicants are requesting up to 20 beef cattle. Scandia Planning Commission December 6, 2022 Page 7 of 11 Planner Monson provided an evaluation of the request. The applicants provided a site plan showing pasture area of approximately 3 acres, a portable shelter, fencing and a manure storage area of 100 square feet. Guidelines from the MPCA recommend a manure management plan as triggered by the applicant's proposal to transfer the manure to another property owner to spread on their fields as fertilizer, or sell to interested buyers. Monson noted that 20 cattle equal a density of 3.25 animal units per acre. The cattle will be kept on rotational pasture areas; pastures are not considered animal feedlots in the UDC, nor in state statute. Planner Monson reviewed the request using criteria in the UDC general standards for a CUP or IUP, which was provided in the staff report. Monson concluded with a recommendation to approve the request for an IUP to allow up to 20 cattle on the property with finding and conditions presented in a resolution. Conditions included a manure management plan, proper fencing requirements, applicable watershed district permits be acquired, and termination of the IUP if the property is sold, use discontinues, or permit violations occur. Chair Hogle opened the public hearing at 7:30 p.m. Ann Redig, 209th Street: Stated her support for the request, saying the owners have made improvements to the property and maintain it well; she is confident the property will be kept up well. Nancy Kern, said she is the third property over from the Lorenz's: How will they keep the smell down? Manure smells bad and attracts flies, saying this is her main concern. 20 is too many for this property. Will not enjoy sitting by their pool. If approved, make a requirement that they control the smell. Ann Redig: Said the Boesel farm to the north has cattle, and odor has never been a problem from this site. Applicants Correy and Michelle Lorenz: Said their goal is to produce organic meat for family, friends, and the community. They have researched and communicated with experts at the MPCA and Agriculture Extension Agents, and were told they are within their means for 20 cattle. They have proposed a manure management plan and have support from their neighbors. Concerns of manure runoff to the S. Croix River are not valid, saying they are 3000+ feet from the river, and there are no streams through the property. Addressed the concern of smell and flies — neighbors have cattle which are not producing smells or insects. From the written comments, Mr. Lorenz addressed the decrease in property value — how would values change if they had one cow versus 20? Infringing on rights — if current cattle being kept on neighboring properties do not, how would their cattle operation? Mr. Lorenz said the statements from the letters of opposition are not factual. Mr. Lorenz said their property is zoned General Rural that can have cattle and can have an IUP. Mr. Lorenz stated that they currently have 10 calves. Chair Hogle asked if their application is an attempt to correct their keeping of 10 cattle. Were they not aware they may be over the density limit for their property? Mr. Lorenz said they did read the animal units chart in the development code and are within the allowed density with the calves based on weight. Scandia Planning Commission December 6, 2022 Page 8 of 1 l Administrator Cammilleri stated that the pasture size seems small for the number of cattle proposed. Will this be adequate for rotation? Mr. Lorenz said the cattle will be hay fed, and not grass dependent. They will rotate between three fenced pastures. Commissioner Fodor asked for a description of the permanent structure. Mr. Lorenz said the shelter will not be permanent, but on skids to move around the property when rotating pastures, providing shelter from the elements. Fodor said they should consider a larger structure for 20 head of cattle. Commissioner Lubke asked how it was determined this is not a feedlot. Planner Monson explained that this fits the state statute definition. A feedlot would trigger a CUP that runs with the land and would not allow for an end date. Mr. Lorenz said they will not have 20 animal units all at once, but will be rotating adults and calves out as they are raised. It's proposed to operate initially with 10 adults and 10 calves. Nancy Kern: Said the Boesel farm is further from her house, so clearly cannot smell their livestock. This property is much closer. There were no further comments and Chair Hogle closed the hearing at 7:47 pm. Commissioner Libby said 20 cattle seems a lot on this property, and asked for clarification of animal units. Commissioner Lubke said he is concerned that 20 is more than the land can support, but based on the existing ordinance that does not designate maximum animals, there is not a basis to say no. City Administrator Cammilleri said the IUP has conditions they must adhere to, including a manure management plan. The IUP could be revoked if they are not adhering to the conditions and they fail to follow through on the integrity of their plan. Cammilleri suggested the city consider amending the ordinance in the future to designate maximum animal units. Commissioner Rynders said this is allowing 3 times more than the allowance, but is this allowance by right? Administrator Cammilleri said the existing ordinance does not specify a maximum number of livestock; overstocking is not clearly addressed. For example, the ordinance could indicate nothing over 10 animal units. Chair Hogle said she has a concern on whether the conditions meet the criteria of #2 and #3. (42. 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 comf)rt. 43. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinityfor the purposes already permitted, nor substantially diminish and impair property values or scenic views.) Commissioner Rynders said 20 cattle seems like an overuse of the land. Could there be a risk of contamination and enjoyment of property? Rynders said if the operation is not successful, the Scandia Planning Commission December 6, 2022 Page 9 of 11 permit can be terminated. Could they consider a lower number of cattle? Could they start with 10 cattle and amend the IUP in the future to 20 if conditions are being managed. Administrator Cammilleri said state guidance doesn't specify, and there currently is no mechanism to set a limit, but they can encourage a manageable level. Cammilleri said he is hopeful the applicants will adjust to a number that they can manage as they run the operation. Chair Hogle stated that there is currently no basis to set a specific number, and the IUP can be revoked if they cannot meet the conditions. Administrator Cammilleri recommended they allow the IUP for 5 years maximum. Commissioner Libby asked Lorenz's if they would consider fewer cattle. Mr. Lorenz said he has talked to experts and researched livestock density, and determined that 20 is a reasonable amount. The cattle will be in rotation of ages as they are raised to slaughter weight. Administrator Cammilleri said this plan may be extremely ambitious, and could turn into a feedlot, but hopefully it will work out and they will make appropriate changes to their operations as needed, including reducing the herd. Commissioner Rynders said the request doesn't meet criteria #3, as there is a risk of excess manure and insects may in injurious to the use and enjoyment of other property in the immediate vicinity. Chair Hogle said they don't know what number would meet this criterion, and they need a basis for a maximum number. Administrator Cammilleri said a future ordinance amendment could address a maximum number, but they cannot consider it for the timing of this application. Planner Monson recommended they set a sunset date for the IUP and in the meantime evaluate the ordinance. Administrator Cammilleri recommended they set the IUP for 2-3 years instead of a longer term. Commissioner Libby suggested 3 years, to give them a fair chance for the cattle to mature and go through growth cycles. Lubke, second by Libby, moved to adopt PC Resolution No.2022-17, Approving an Interim Use Permit for 16315 209th Street, with an amendment to Condition #5 to add language to terminate the IUP 3 years from approval. Motion carried 4-1 by roll call vote, with Rynders opposed. The recommendation to approve the Interim Use Permit will be presented to the City Council at their meeting on December 20, 2022. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. APPROVING AN INTERIM USE PERMIT FOR PARCELS 19.032.19.22.0004 & 19.032.19.22.0008, LOCATED AT 16315 209TH STREET NORTH WHEREAS, Correy and Michelle Lorenz (the "applicants") made an application to request an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North and the property is legally described as See Attachment A; and WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit (IUP) at a duly noticed Public Hearing on December 6, 2022, and recommended that the City Council approve the IUP, with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North, based on the following findings: Livestock and Livestock Operations are a permitted use in the RR-G zone and are 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 proposed use is permitted within this zoning district, however, the applicant is requesting a higher intensity use than is allowed by right. The proposed use may not create adverse impacts on the public health safety, morals, comfort, or general welfare of the public. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use concerning 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 should be required to be submitted to the city. Staff has included a condition that a Manure Management Plan be submitted. 3. 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 across 209th. The use would be visible to the right-of-way of 209th and the highway. Most nearby properties are either agricultural or residential in use, as lots in this portion of the city are zoned RR-G or AG-C. 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 may not substantially diminish or impair nearby property values or scenic views. 4. The proposed use will not impede development or improvement of surrounding properties. 5. 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 proposed use is consistent with the applicable regulations of the RR-G District and is consistent with the requirements of the UDC. Any future structures on the site will be required to conform with the applicable regulations of the district. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use in relation to surface or ground water contamination, excessive manure accumulation, odor, noise, and other potential nuisances. 7. This proposed interim use meets the general and specific performance standards of the UDC. Livestock are a permitted use in the RR-G zone; the proposed density of 2.43 animal units per acre (15 animal units on 6.15 acres of land) is may be permitted through an interim use permit. 9. As an interim use, the City can set an end date or `sunset' of the interim use. The Planning Commission recommended the interim use be set to terminate after three years at which point the applicant would reapply and the City would evaluate how the use is performing. 10. The proposed use would not require an extension of city -owned infrastructure or facilities (such as roads, city sewer, etc.). 11. Conditions of approval must be agreed to by the applicant. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: The applicant is permitted a maximum of 15 animal units on the property. Increases in the number of animal units 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; or 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. Whereupon, said Resolution is hereby declared adopted on this th day of January 2023, Christine Maefsky, Mayor Correy Lorenz, Applicant Michelle Lorenz, Applicant ATTEST: Anne Hurlburt, City Administrator Attachment A Parcel ID 19.032.19.22.0004: SECTION 19 TOWNSHIP 032 RANGE 019 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT AND RUNNING THENCE NORTH ON THE WEST LINE THEREOF A DISTANCE OF 450.00 FEET TO A POINT WHICH IS THE PLACE OF BEGINNING OF THE TRACT TO BE CONVEYED; RUNNING THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE CENTER OF TRUNK HIGHWAY 95; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID HIGHWAY 95 A DISTANCE OF 181.50 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT, A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER (NW 1/4 OF NW 1/4); THENCE SOUTH, ALONG THE WEST LINE OF SAID TRACT, 181.50 FEET TO THE PLACE OF BEGINNING: AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THE SOUTH 631.5 FEET THEREOF. Parcel ID 19.032.19.22.0008: OUTLOT B BALFANZ VALLEY VIEW EXCEPT THAT PART LYING NOTHERLY OF LINE PARALLEL WITH & DISTANCE OF 33 FEET SOUTHERLY OF LINE "1" DESCRIBED BELOW: LINE "1 " BEGINNING AT A POINT ON LINE "2" DESCRIBED BELOW A DISTANCE OF 100 FEET EASTERLY OF ITS POINT OF TERMINATING THEN EASTERLY ON SAID LINE "2" A DISTANCE 300 FEET & THERE TERMINATING: LINE "2" DESCRIBED AS FOLLOWS FROM POINT ON NORTH LINE SAID SECTION 170.39 FEET EAST OF THE NORTHWEST CORNER THEREOF THEN SOUTHWESTERLY AT 73 DEGREES 21 MINUTES 34 SECONDS AT AN ANGLE FROM SAID NORTH SECTION LINE MEASURING W-S DIST 12.89FT THEN DEFLECTED LEFT AT AN ANGLE 35 DEGREES 46 MINUTES 22 SECONDS A DISTANCE OF 710.9 FEET TO THE POINT OF BEGINNING OF LINE "2" TO BE DESCRIBED THEN DEFLECTING RIGHT 100 DEGREES AT AN ANGLE A DISTANCE OF 151.55 FEET THEN DEFLECTED RIGHT ON THE CURVE AT A RADIUS OF 954.93 FEET AT AN ANGLE OF 07 DEG 22 MINUTES 34 SECONDS A DISTANCE OF 122.93 FEET THEN AT AN ANGLE TO SAID CURVE A DISTANCE OF 163.31 FEET & SAID LINE "2" THERE TERMINATING. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. DENYING AN INTERIM USE PERMIT FOR PARCELS 19.032.19.22.0004 & 19.032.19.22.0008, LOCATED AT 16315 209TH STREET NORTH WHEREAS, Correy and Michelle Lorenz made an application to request an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North and the property is legally described as See Attachment A; and WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit (IUP) at a duly noticed Public Hearing on December 6, 2022, and recommended that the City Council approve the IUP, with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it denies an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North, based on the application not meeting the standards of approval for an IUP and finds the following: The proposed use is permitted within this zoning district, however, the applicant is requesting a higher intensity use than is allowed by right. The applicants' entire site consists of 6.15 acres, a portion of which consists of their residential home and driveway and leaving only roughly 4 acres for pasture. Applicants propose to keep as many as 12 animal units on those 4 acres. The general standard under the code allows 1 animal unit per 2 acres. 2. The pasture areas on which applicants plan to both house the animals and spread the manure are within 500 feet or less of several neighboring homes. The homes directly to the north and south are less than 200 feet to the pasture areas. 3. The applicants were requested to provide an adequate plan on how they intend to process or dispose of the manure created by their significant number of proposed animal units. The applicants' plan is vague and lacking in detail and specificity as requested by the City. 4. The applicants' desire to have a substantially higher number of animal units than is allowed by code coupled within a relatively close proximity of neighboring houses is a situation that is ripe to create a public nuisance. The applicants have not met their burden under the ordinances to demonstrate that their proposed use will not negatively affect the health and welfare of their neighbors. The proposed use will create adverse impacts on the public health safety, morals, comfort, or general welfare of the public. Reasonable conditions of approval cannot be added be added to abate issues concerning excessive manure accumulation, odor, noise, and other potential nuisances. Additionally, the propose use will deplete the land of any agricultural value, create concerns about erosion on the site, and will likely result in a feedlot 6. The proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity. Most nearby properties are either agricultural or residential in use, however, any nearby lots that has a similar use has a considerably lower animal unit to acre ratio. This zone is meant to `promote the rural character of the city', the raising of livestock would be consistent with a rural setting, however the City Council believes that the intensity of the use requested by the applicant is unreasonable and will result in public nuisances that cannot be mitigated by the proposed management plans. Whereupon, said Resolution is hereby declared adopted on this day of 2023. Christine Maefsky, Mayor ATTEST: Anne Hurlburt, City Administrator Attachment A Parcel ID 19.032.19.22.0004: SECTION 19 TOWNSHIP 032 RANGE 019 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT AND RUNNING THENCE NORTH ON THE WEST LINE THEREOF A DISTANCE OF 450.00 FEET TO A POINT WHICH IS THE PLACE OF BEGINNING OF THE TRACT TO BE CONVEYED; RUNNING THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE CENTER OF TRUNK HIGHWAY 95; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID HIGHWAY 95 A DISTANCE OF 181.50 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT, A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER (NW 1/4 OF NW 1/4); THENCE SOUTH, ALONG THE WEST LINE OF SAID TRACT, 181.50 FEET TO THE PLACE OF BEGINNING: AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THE SOUTH 631.5 FEET THEREOF. Parcel ID 19.032.19.22.0008: OUTLOT B BALFANZ VALLEY VIEW EXCEPT THAT PART LYING NOTHERLY OF LINE PARALLEL WITH & DISTANCE OF 33 FEET SOUTHERLY OF LINE " 1 " DESCRIBED BELOW: LINE " 1 " BEGINNING AT A POINT ON LINE "2" DESCRIBED BELOW A DISTANCE OF 100 FEET EASTERLY OF ITS POINT OF TERMINATING THEN EASTERLY ON SAID LINE "2" A DISTANCE 300 FEET & THERE TERMINATING: LINE "2" DESCRIBED AS FOLLOWS FROM POINT ON NORTH LINE SAID SECTION 170.39 FEET EAST OF THE NORTHWEST CORNER THEREOF THEN SOUTHWESTERLY AT 73 DEGREES 21 MINUTES 34 SECONDS AT AN ANGLE FROM SAID NORTH SECTION LINE MEASURING W-S DIST 12.89FT THEN DEFLECTED LEFT AT AN ANGLE 35 DEGREES 46 MINUTES 22 SECONDS A DISTANCE OF 710.9 FEET TO THE POINT OF BEGINNING OF LINE "2" TO BE DESCRIBED THEN DEFLECTING RIGHT 100 DEGREES AT AN ANGLE A DISTANCE OF 151.55 FEET THEN DEFLECTED RIGHT ON THE CURVE AT A RADIUS OF 954.93 FEET AT AN ANGLE OF 07 DEG 22 MINUTES 34 SECONDS A DISTANCE OF 122.93 FEET THEN AT AN ANGLE TO SAID CURVE A DISTANCE OF 163.31 FEET & SAID LINE "2" THERE TERMINATING. [24947-37456/3199424/11