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4.1 PCSR 11-13-2012 ilk REQUEST FOR ACTION River To ITEM NUMBER Planning Commission 4.1 AGENDA SECTION MEETING DATE PREPARED BY Planning Items November 13, 2012 Chris Leeseberg,Park Planner-Planner ITEM DESCRIPTION REVIEWED By Request by Parey Farm LLC for Conditional Use Permit for Jeremy Barnhart,Planning Manager commercial boarding of horses and sale of farm products at REVIEWED BY 21310 Brook Road NW Public Hearing—Case No. CU 12-22 ACTION REQUESTED Staff is recommending that the Planning Commission recommend approval of the Conditional Use Permit(CUP) request with the conditions outlined: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all require permits. 2. The building shall meet all building codes. 3. The building shall meet all fire codes. 4. All exterior signage shall require a permit. 5. Exterior signage shall not exceed six (6) square feet. 6. No more than 22 animal units shall be allowed on the property. 7. The Manure Management plan shall be followed as recommended by the Environmental Administrator. 8. Manure shall be stockpiled on an impervious surface, covered,with side walls as to contain liquid and prevent run off. 9. Manure shall not be stockpiled outdoors for more than 7 days. 10. All manure (solid or liquid) shall be disposed of off-site in accordance with MPCA regulations. 11. If the city finds that the manure and other waste materials create a nuisance by attracting flies, other insects, rodents, or by creating offensive odors,the city may order that the manure and other waste materials be removed on a more frequent schedule. 12. A 50 foot vegetated buffer along wetlands is required. 13. The keeping of livestock (fences) must be setback at least five feet from any property line. 14. Any use beyond horse boarding, retail sales of goat milk products will require an amendment to the Conditional Use Permit. BACKGROUND/DISCUSSION The applicant is asking for a CUP to operate a horse boarding facility, for retail sales of goat milk products, and to increase the number of animals on an 18 acre farm located at 21310 Brook Road. The applicant has been in operation for five years,in a relatively new industry,to create sustainable farm crafted food and unique agricultural products. They want to produce and raise quality goats to be milked P( I H € II d Y N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-22 Parey Farm LLC\CU 12-22_PC.docx NATURE and supply local consumers. They will utilize one of the accessory structures for the retail sale of the milk. OVERVIEW The subject property is 18 acres in size with approximately 11 acres of fenced pasture land. The ordinance allows certain animal units per acre of fenced pasture land. The number of animals may be increased,but no more than twice the allowed animals,if the applicant obtains an approved manure management plan through the CUP process. The number of animals allowed for the respected animal units for 11 acres is as follows: • 11 Horses (1.0 animal unit value) • 5 Donkeys (.45 animal unit value) • 88 Goats (.125 animal unit value) • 1,100 Chickens (.01 animal unit value) The animal unit calculations are used to indicate how many animals total a property can have. It is not a calculation for each type of animal added together. For example,looking at a request for just horses and goats on an 11 acre site, they cannot have 11 horses and 88 goats. They would be allowed to have 11 animal units resulting in 5.5 horses and 44 goats or 1 horse and 80 goats. • 5.5 horses x 1.0 animal unit value = 5.5 • 44 goats x .125 animal unit value = 5.5 • 5.5 + 5.5 = 11 or • 1 horse x 1.0 animal unit value = 1.0 • 80 goats x .125 animal unit value = 10 • 1.0 + 10 = 11 The applicant is requesting 25 animal units,but the ordinance does not allow the number to be increase by more than twice. They would only be allowed to ask for 22 animal units. There are two accessory structures on the property that will be utilized for providing humane shelter for the livestock and an indoor arena area. Horses will be boarded in 10'x 12' stalls. The applicant has provided a manure "animal"management plan (attached) and the Environmental Administrators memo is attached regarding the manure management plan. In brief, the administrator has concerns with the proposed plan. Access to the property is off of County Road 121 (Brook Rd)via the driveway. There is sufficient parking on the site for the proposed use. For signage, they are proposing to mount their farm logo on the gate at the entrance of the driveway. ATTACHMENTS • Location Map • Applicants Narrative N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-22 Parey Farm LLC\CU 12-22_PC.docx • Applicants Description of Animal Management • Environmental Administrators Memo dated November 8,2012 • Sherburne County's Manure Management Ordinance • Sherburne County's Animal Carcass Ordinance • Site Plan • Aerial Showing Non-Fenced Pasture Area • Site Aerial • Survey Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-22 Paxey Farm LLC\CU 12-22_PC.docx r,, 0 U I J J E Ce Q LL Ce.114sr O 40 V Ddi. tt o �n <<, [ 00 CL wa 2 •_ 4 4 ›..... ,,, .4,'a C x 0.4_, 0 J N N 1 N D I Parey Farm Project Narrative The Parey Farm,LLC is dedicated to sustainable,profitable and unique agricultural products. Our mission is to produce and raise quality goats to be milked and supply local consumers as well as other products covered by Minnesota's Pickle Barrel Act. Production methods include new and traditional techniques utilizing sustainable agriculture and best management practices. Parey Farm,LLC is owned and operated by Zane Kristen Reynolds and Todd J.Parent and does not employ any additional staff. The proposed property is an existing farm of 18 acres and is fully equipped for all of the above business needs. With the exiting barns the need for outdoor storage or screening will not be necessary. Hours of operation would be from 8:00 am to 5:00 pm. The property is equipped with gates at the end of the drive. These would allow the Parey Farm to advertise in lieu of signage by simply mounting our farm logo onto the exiting gates thusly eliminating the need for additional signage. The Parey Farm has been in operation for 5 years and is relatively new to the industry and grew from the popularity of our products through our social circle. This year we conducted our market research by participating in local artisan markets and discovered that it is evident that consumers are interested in our high end specialty products. There is a move toward health, local and sustainable options that will benefit our operation. Some limitations include time allotment for production on one of our existing products and we continue to explore new avenues that we anticipate will speed up the production time without compromising the quality that we are committed to. Our advantage is the specialty aspect as well as the purposed property fitting our business needs in a turnkey fashion. The Parey Farm,LLC target is to create and promote sustainable farm crafted food goods in a market inundated by mass produced items containing chemicals,preservatives,and stabilizers. Thusly helping to educate the general public about what happens when you support local commerce. Currently goat milk products are a niche market in the United States. The Parey Farm plans to change that through our already existing products. Unlike dairy cows goats are much cheaper to keep and feed. The health benefits of goat's milk are proven and confirmed. We will be committed to quality and unwavering in our high standards that we have already implemented into our existing products as well as expanding our current product line to ensure that we do indeed have something for everyone. It should also be noted that with the way the proposed property is currently set up this will be possible with minimal work. The set up is of utmost importance. Description of Animal Management on the Parey Farm, LLC: The Parey Farm requires the use of livestock as a core business need for operation. Livestock requirements are as follows: • 25 Animal Units comprised of horses,donkeys (used as pasture protection against threat from coyotes,wolves,foxes and canines),goats(average weight per goat is 1251bs) and chickens • Indoor protection from weather elements for all Livestock on Farm in existing structures • All livestock housing will have free access to fresh water as all livestock housing on the Parey Farm is distributed through automatic heated water dispensers. • 4 horses will be boarded and cared for outside of the livestock owned by the Parey Farm,LLC • Horse boarding will be used for clients wishing to board their horse on the Parey Farm,LLC so that they have access to train their horse in the existing 60'x 180'indoor riding arena. • Boarded horses will be maintained in 10'x 12'box stalls • The property is completely surrounded by livestock containment fencing in addition there are 8 fenced separated areas for livestock turnout. • A manure management program is in full force and effect • Manure will be stored in an existing manure area using a"blocking process"in order to contain the manure in a screened from view and orderly fashion. This will also provide ease of distribution for farming uses. • All manure storage will be contained to a designated area behind existing horse barn out of sight. • All manure will be treated with Spalding Laboratory Fly Predators: • The Good Buy For Real Fly Free Relief F&, Pred3tors atop pest fees by'taking over"Me' fly's cocoon and this kills the immature fly.By hteep ng the"good"Fl Predator elevated, pvith the "bad" pest fly population can e nearly el-ac tcad< Fly Predators are tiny and never bother people or animals.You'll likely never see them, but you will see their results. • When you stop and think of all the things you bought last summer to help with flies it probably added up to real money and a lot of effort.And did it work well? • This year why not fix the problem at its source rather than just treat the symptoms.Try Fly Predators®brand beneficial insects. • ,hanging dozens of stinky traps or putting up acres of sticky strips only to have the flies just keep coming back.And they keep coming back because all those things only affect the adult fly stage ignoring the 90%yet to emerge. So rather than doing what you did last year,and having the same fly problem this year, break the cycle with Fly Predators.You'll have fewer flies for sure and probably spend less too. • "Your Fly Predators truly make an amazing difference!!!People that come to my barn remark all the time about the lack of flies.I use my horses in equine assisted psychotherapy so I have clients and social workers here.There were years prior to using Fly Predators that it was difficult to work because of biting and annoying flies!!Not anymore!!"-Cindy D. Oshkosh, WI • My family started using Fly Predators 36 years ago with our horses and our fly problem literally disappeared. So we started offering them to others and over the past 35 years hundreds of thousands of horse owners have relied on them.The vast majority with great results as you can see from the quotes in this catalog. • Once someone tries Fly Predators for at least three shipments,most typically use them for as long as they have their animals. �sl • "I first heard about Spalding Fly Predators from Dr.Miller in the late 80's.All my life, I've looked for the natural way to do things and these Fly Predators were the first time I had a non-chemical way of being effective against flies.Since 1989,I've had great success with them keeping my property fly free,at three different facilities and in three very different climates."-Pat Pare with wife Linda • Perhaps you're skeptical that something as easy as sprinkling a small,inexpensive pouch of Fly Predators around your place every three to four weeks during warm weather could really work. You're not alone,but last year tens of thousands of new customers ordered Fly Predators and most were delighted they"finally" tried them.This year why don't you? • You see Fly Predators are perhaps nature's original fly control.You almost certainly have some of the species that are included in our Fly Predator brand beneficial insects already working for you on your property.They're part of the reason you aren't literally knee deep in flies.You may have way too many flies,but without these good bugs,it would be far worse.By simply increasing the ratio of Fly Predators to pest flies,you can almost completely suppress the flies.There's no downside as the Fly Predators do not bother either people or animals. • Will Fly Predators control every location's fly problem?They can do a great job most places, except if you are closely surrounded by animals with poor fly control.In that case you'll see less flies by stopping the breeding on your property,but you'll still have those coming from neighbors, (Tip:tell the neighbors about Fly Predators.)Wouldn't it be nice to see how great summer could be with hardly a fly?If so,I urge you to try Fly Predators.Your animals will thank you too. Tom Spalding -Chief Fly Guy • Manure will be spread as appropriate on pasture areas to promote re-generation of pasture grasses. • All stall and animal pasture area is maintained daily through cleaning and manure removal that maintains a safe and healthy environment. • Any excess manure will be removed/sold so as not to remain on property in excess quantity • In addition the Parey Farm,LLC will be adding a bio manure processing closed system. This will provide the capability to generate electricity for use on the farm. The system will be put in under a study program with students from the University of Minnesota majoring in Agriculture. • All livestock food will be treated with food grade diatomaceous earth to control internal parasites in an organic fashion. City of Elk MEMORANDUM River TO: Chris Leeseberg, Park Planner/Planner FROM: Rebecca Haug, Environmental Administrator DATE: November 8, 2012 SUBJECT: Parey Farm, LLC CUP I have concerns about how the manure will be handled at the site. There are several wetlands on this piece of property. Phosphorus is a problem with manure. Excess phosphorus in waters of the state has been attributed to causing algae blooms. I would require a 50 foot vegetated buffer along the wetlands to filter any manure prior to discharge. No outside storage of manure will be allowed unless the stockpile is on an impermeable surface (i.e. Concrete) with sidewalls and covered. The stockpile should be removed every six months. I would recommend that the manure be managed following the MPCA Technical Guidelines for manure management and applications. Guidance documents are located at the MPCA home page under permits. For assistance in implementing these guidelines, the applicant can contact the Sherburne County Soil and Water Conservation District (SWCD) at (763) 241- 1170, ext. 3. I have also attached a copy of Sherburne County's Manure Management Ordinance,as well as the County's Animal Carcass Ordinance in case it is ever needed. The County refers to the Natural Resources Conservation Service (NRCS) Field Office Technical Guide for manure management. Please let me know if you have any questions. Thank you for the opportunity to review the project. POVI EB BY N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-22 Parey Farm LLC\Memo Format for All NATURE Boards-parey farm.doc Ordinance No. 180 Solid Waste Management to be responsible for the illegal activity. The responsible party shall notify the Department at least 48 hours prior to commencement of excavation/removal activity at the subject site. A receipt or other documentation approved by the Department which indicates satisfactory and legal disposal of the subject solid waste shall be submitted to the Department no later than 14 days after disposal. 2. Upon approval by the Department, open dumps which ceased to accept waste prior to 60 days after effective date of this Ordinance,may submit a closure plan to the Department. Closure plans shall meet all requirements of Minn.R. Ch. 7001 and 7035 and any other requirements deemed necessary by the Department. 3. The owner of the property on which the open dump is located shall record an instrtunent with the County Recorder on a form prescribed by the Department placing the public on notice of the existence and location of the open dump and of the obligations placed upon parties holding an interest in the property and the restrictions which may affect the use of the property. 4. The County Board may waive any of the closure requirements of this Section 20.9,provided such waiver will not violate MPCA rules or endanger the health or safety of the public. 20.10 MANURE A. A property owner not otherwise regulated by Minn.R. 7020 governing feedlots shall cause animal manure to be removed or incorporated into the soil in a manner consistent with measures to protect the environment and, recommendations of the Natural Resources Conservation Service (NRCS)Field Office Technical Guide, and County and State laws. Human manure shall not be spread on the ground surface nor utilized as a fertilizer as allowed for animal manure until such manure has been processed as allowed by the State and County. 1. The owner shall be required to submit to the Department and the Soil and Water Conservation Districted a Manure Management Plan consistent with those standards set forth within the NRCS Standard 633 for Waste Utilization. Said Plan shall also be submitted to the township for comment. Additional measures may be required by the township or the County as needed to ensure the safety of public health and the protection of the environment. 2. When animal manure is properly stored in agricultural areas and managed for utilization as a fertilizer or for energy recovery in ways that will protect the Waters of the State from pollution,as required by such standards set forth by NRCS Waste Utilization Standard 633 and the County, the manure will not be classified as a solid waste. Animal manure shall be classified as a solid waste when they are accumulated,stored,or stockpiled on the ground surface in any area that pollutes the waters of the State, or within two hundred (200) feet of a residence located on neighboring property and shall be subject to enforcement under the provisions of this Ordinance 20.11 ANIMAL CARCASSES A. For the purpose of this Ordinance any animal not listed on the following animal imit equivalent chart of this Ordinance shall be defined as the average weight of the animal divided by 1,000 pounds. ANIMAL UNIT EQUIVALENT Animal(s) Equivalent Calves(150—500 Ibs) 0.5 animal units Feeder Cattle(500— 1200 Ibs) 1.0 animal units Beef Cows 1.0 animal units SECTION 20.0 ABATEMENT,DISPOSAL,AND STORAGE OF WASTE Page 107 w Z i1' kx3 i M !+1 r i � . • [ , q{ P [r .5 , 1; / .. s . > j rdn : a ` 3 {tI• t1 a .a x, 1 .. x.. •*'!t _ i ..�Zk, q,. :._:•••..:::".. • ✓ as a• L Yu. :.,,,,ir ;j".,t, . ....:::„:\EY.,OR RIDINC;',1„:f t,', ,:.',' , lit< ,!: '�`Ygi''i . i.x.'. ' .wl jai ;a ._ ft: :::::', 1"..•:.. :,.:, •'' ;'',*"t'' ',.,4.1.A ".'5: 4:-4**' .! ' ..' . — : . . lik ,, ;tcl.rf.\I.:4:,51 t 11111111111111111111111111110., " ,41; ;•« ' a�" par• .■ a x i ., . . _. . , ... . \ A .. ,. .,, A., -„, ., . r. /7 \ Cit of x. • „�...,,,;.44,-, • River ��\ ”. Legend Street Names-Small City Limits ./`- • �. .. Parcels(1-1-12) f N a' Lakes&Rivers mss+ R mo Streams • Park Areas 1 , . ' 2010 Aerial Photography '.'. • pr ° ^,r �- �r s, ♦ � , • Red. Band_1 • 1;, .4144 • Green:Band_2 . k • Blue Band_3 3 . f t r . a ' , _r ; __ 1 • th: a a t Non-pasture areas li 1 Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This ® drawing is a compilation of records.information,and data 0 73 Feet [J 5 669 ft located in various city,county,and state offices,and / other sources affecting the area shown,and is to be used ©Bolton&Menk,Inc-Web GIS for reference purposes only.The City of Elk River is not responsible for any inaccuracies herein contained. :4" **:,,4 o 11 , nt k. „ `:,,,,c n ;� a�s .'� °.;fir, .' A,y ,n ` .� '" l*""• 4. 1,�?r,»' -r; . J fir g• A VW { ,• 'k� ,il :c; �� .` r ,v n • 7 ..q -k ° ` , . „ . , . . _ ,A ' (-).... 'kik* ' gar v' ' a *—.*.. 1 it , Irk -- lie • e x •., 1 a r 4, / t .A':;= sit z xa + + I1-33-20 General Notes Pa"e Poe3y Legal Description from Tax Records: III The South Half of the Southwest Quarter of the rSouthwest Quarter of Section 11,Township 33, rRange 26,Sherbume County,Minnesota. s Except that part lying East of Road. r Ir 1 IT 1 • gIT I 'I I Basis f Property Address:21310 Brook Road NW 5050 OF THE s lz OF for SW v4 Of Tne5a la Oasec.1 I.OW.SS e.2E 1 R 1 bearings is Elk River,MN ', ,I I •w,e "u fl w:m "ce , I1 1 umed S 89°27'44"E 1121.85 `, , ""fe""" r 1088.e0 ___ P.kcaM/ I, I 11 -.1325 ', I } I / � I , I 1 IIII `I i 11 I Total area of Parcel=716754 sq.ft(16.45 acres) i s4 I ,, I, I II I, - o I Area of Parcel inside fenced area(pasture)not s, I, i1 11 ,y ray m 1 including ponds=525385 sq.11(12.06 acres) s I ' I I ' N I I l'' I1 Is i ■ o c 1 1 I 1 0e:,.4,v 11 , 11 4 I s` I 1, T wt " I I 1I,I I' /I `•' 11 I■ I`II 3 P N■ I 1 I I I I I i J r I rc 1 I I JI 1 1 %' T 0 I I I I '.. l 1 I Age of watrr I s, 7 ■ o I I '' T 3G I\ 2 1 „, / , ,I I 0,��, S �. 1 I a o I I e■ 1 oI Zr `,I III ( Q I _ ' O I I- /'o.erP I: C the only easements shown are ham Plets of record or information I' g'' I nroatded by dent. 11_ oQ 1 = under my OIreU sucextstnr and Biel IemsaduN prepared em % -v I `\, Ij Surveyor under the laws of the State or Minnesota 1 I I 2 Surveyed this 5th day of October 2012. II •� I' 1111 -� I o 1 'I I I 4 W 40 I �._ I 11 :i I tiaras . � I f I w Gregory R.1-c inn.Reg.No.24992 I I` r xare� 1 NOT ALL IMPROVEMENTS LOLATEO 1 - ege e I L I w ' 1 1 i i I ' II I j 1 1 1 /g a I " - v ' i No. Revision/Issue Dote w er to i Prepared By: H p I THE GREGORY GROUP,d.b.z. Z co I LOT SURVEYS COMPANY,INC. o 00 0e I LAND SURVEYORS , I 7601 73rd Avenue North Brooklyn Park,Minnesota 55428 I Phone 763.560.3093 Fax 763.560.3522 1 1 ■. I+ ,- ,�of '- I BOUNDARY SURVEY e or ere rc�e.l3 fences 1'a,°rt: __ ..__-___-_— _� • 101615 more r k P N 89°24'16"W 105725 ''ti.. n~ _"':'.a —,—.— -50 o; I J ae ., w,,,� I PREMIER HOME NETWORK 7845 Brooklyn Blvd,Suite 102 " 5011040£or THE SW I/4 or me Sc'rN OF SEL.11 NI,33 326 M� M of of - P°"""rO1C 1 � � •yam` Brooklyn Park,MN 55445 Sec. _ 30.R 26 `rt` '11�.Y^ Power Paef( I I ■ �1 J y IA- o�PIK .,M I I ..)lww w R^ ? 1 1 M� A a� I / Im°ip F.B.Ne. Sheet `` — xt.Ppe 1 OCT 1 / 80660 106406 I I D. 10-5-2012 Smla 1"=50' as-sw-rot onao6lmaoea0.uog 4- +