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7.4. SR 01-17-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearings January 17, 2017 BrieAnna Simon, Planner Kristin Mroz, Environmental Technician Item Description Reviewed by Conditional Use Permit for Agricultural Animals, Zack Carlton,Planning Manager Chris Murray Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, the Conditional Use Permit (CUP) request by Chris Murry to increase the number of permitted agricultural animal units to 6.26,with the following conditions: 1. If the proposed work described in the application and CUP has not been substantially completed within two years of the CUP's date of approval, the permit shall expire and become void. 2. The CUP shall expire if the authorized use ceases for more than six months. 3. The applicant must apply for and receive approval of all required permits before any construction may begin. 4. No more than 6.26 animal units shall be allowed on the property. 5. All conditions approved by the Board of Adjustments on October 25, 2016, for a wetland setback variance (Case No. V 16-14) shall be met. 6. All conditions and best practices outlined by the Wetland Conservation Act—Technical Evaluation Panel decision, dated October 14, 2016, shall be met. 7. For the CUP to remain active, a valid Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District (SCSWCD) and filed with the City of Elk River for all future homeowners. 8. Any changes to the Manure Management Plan must be approved by the SCSWCD and filed with the City of Elk River. 9. If manure is used as fertilizer,it shall be turned under immediately, or as soon as the frost leaves the ground. Application of manure should be conducted in such a manner so as not to permit runoff toward surface waters. 10. 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 the manure and other waste materials be removed on a more frequent schedule. 11. No on-site commercial activities such as breeding,boarding, or selling shall be permitted. Background/Discussion Case No. CU 16-34 The property owner, Chris Murry,is constructing a fence in the rear yard of the property located at 19262 Ogden St NW to protect the wetland from the agricultural animals located on the property. The property POWERED 6T A IR is 5.0 acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 66 percent of this property is covered by wetlands. On October 25, 2016, the applicant received a 25-foot variance from the 25-foot wetland buffer strip setback which does not allow fences. As a part of the project, that applicant applied for a Wetland Conservation Act Decision (WCA) under exemption of conservation practices. The applicant received approval of their WCA application on October 19, 2016. Additionally, Section 30-803 —Animals of the city code outlines the regulations which allow the keeping of animals within the city in a safe, clean and healthy manner. Agricultural animals are permitted under Section 30-809(d)(2) of the city code. This section limits the keeping of agricultural animals to one animal unit per acre of fenced pasture land. With the current location of the fenced in area, 19262 Ogden St NW can have 3.13 animal units without a CUP. The applicant has stated that the limit of 3.13 animal units is currently exceeded. To establish compliance within the ordinance, a CUP will be required to increase the permitted number of animal units,which includes a manure management plan. A condition of the variance approved on October 25, 2016,required the Murry's to apply for a CUP to comply with Section 30-809 Agricultural Animals. The applicant is asking to permit a total of 6.26 animal units. Currently the applicant has 4.8 animal units with the following: ■ Four horses —4.0 animal units ■ Two pot belly pigs — 0.8 animal units The applicant is not anticipating exceeding 4.8 animal units at this time but with the constructed fence a total of 6.26 animal units is permitted per this request. The CUP application requires the submittal and approval of a Manure Management Plan in order to protect the animals and neighboring properties. In addition, the health of the wetland on this property must be taken into account. Therefore, the Manure Management Plan was developed in coordination with the SCSWCD and will be held on file to remain with the property for any future homeowners. Applicable Regulation Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otberpropegy in the immediate vicinity or thepublic health, safety, morals, comfort, convenience orgeneral nvr fare of the neighborhood or the city. The proposed use will not detrimentally affect nearby property as the use fits with the intended use of the development and is surrounded by other residential establishments. The Manure Management Plan takes neighboring properties into account. 2. 1Vill be consistent Pith the comprehensive plan. The use is consistent with the Comprehensive Plan and fits the residential guidance for the property. 3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. The proposed use will not affect the surrounding residential lots. The applicants have had 4.8 animal units for a number of years without incident. N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.4 sr CU 16-34 Murray CC 1-17-17.docx 4. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets,police and fire protection, drainage, refuse disposal, Pater and sen)er systems,parks and schools;and Pill not, in particular, create traf c congestion or interference Pith traf c on adjacent and neighboring public thoroughfares. The facility will not be served by city services nor does it appear any other potential impacts to public facilities or services. Public drainage through the county ditch system will be improved by the previous work completed with the SCSWCD. These animal units will not be allowed in that drainage area until the vegetation has been established and only then for short grazing periods. 5. 1Vill not involve uses, activities,processes, materials, equ pment and conditions of operation that V)ill be detrimental to any persons orpropegy because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. The proposed use does not involve hazardous materials or activities that may detrimentally affect nearby properties or residents. Potential odors from manure are addressed by the Manure Management Plan. 6. 1Vill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The applicant has worked with the SCSWCD to ensure the proposed use will result in the least possible impact of the wetlands on the property and surrounding properties. The proposed use does not result in loss or damage of scenic or historic features of major importance and in fact will likely see improvement in this area. 7. 1Vill fully comply Pith all other requirements of this Code, including any applicable requirements and Standards for the issuance of a license orpeimit to establish and operate the proposed use in the city. The applicant is required to comply with all other sections of the code and must apply for all required building permits in addition to the CUP. If permit denial should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined,it appears the request is consistent with all standards. Planning Commission Meeting No one spoke for or against the request and staff has not received any comments from the public. The Planning Commission unanimously recommended approval. Statutory Review Period Per State Statute 15.99 the required 60-day review period ends on January 27, 2017. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan Exhibit ■ Approved Manure Management Plan ■ Wetland Setback Variance (Case No. V 16-14) Staff Memo ■ Wetland Conservation Act—Technical Evaluation Panel Decision N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.4 sr CU 16-34 Murray CC 1-17-17.docx Gayle Murray • • Conditional Use Permit �9262 E�. Case No : CU 16-34 River Simon, BrieAnna From: chefmurray62@aol.com Sent: Monday, November 28, 2016 1:55 PM To: Simon, BrieAnna; gayle_murray@us.crawco.com; chefmurray62@aol.com Subject: Animal Variance Goo afternoon Ladies. I am writing this letter to request an animal variance at 19262 Ogden Street NW, Elk River, MN, 55330 Please find in this email thread, a proposed fence line we are looking to create. This aerial map was provided by your dept. to show the boundaries we are requesting. I believe we would be in need of 2.9 acres, as the notes dictate. With the proposed fence line we will have 3.13 acres fenced as per the aerial photo. This should give us more then sufficient acreage according to current zoning laws and regulations so as to meet the requirements for what we are requesting. On site, there is a large over sized loafing shed for the animals to have sufficient shelter as needed. Manure management will be as follows: The pasture is being cleaned and dragged with our skid steer on a regular basis. This manure is collected and maintained in piles far outside the wet lands that have been marked by Bill at the Water Conservation Board. They are held in three piles in the far north eastern corner of the area fenced in, rotated and turned on a regular basis so as to compost it naturally into rich black fertile soil. This process takes approximately 2 years per pile. Thus the rotating three pile system. This soil is then returned to the pasture, outside of the marked and fenced wetland as declared by the WCB and spread out evenly to assist in the natural fertilization of the grass. Returning the rich fertile black dirt to where it originally came from preserving the area. Bill at the Sherburne County Water Conservation Board has provided a Wetlands site maintenance program for us for the future enclosed wetlands. This program has been reviewed by us and Bill and is agreed upon and approved by both sides. We are working close with the WCB and will continue to do so in the future to maintain this area as required. Thank you for your help in this matter. if there are any questions, please feel free to contact me through this email address or you can call me at 612-619-9935. Regards Chris Murray ----Original Message --- From: chefmurray62 <chefmurray62@aol.com> To: chefmurray62 <chefmurray62@aol.com> Sent: Mon, Nov 28, 2016 1:25 pm Subject: Fwd: Acres ----Original Message --- From: Gayle_Murray <GayleMurray@us.crawco.com> To: chefmurray62 <chefmurr7ay62@aol.com> Sent: Fri, Oct 28, 2016 3:04 pm Subject: Fwd: Acres 119 WATERS SURFACE ELEVATION EL=918.22 G �C( 116 • CPE TILE INTAKE EL=916.62 17 / / ♦ ♦ ( ♦ W W / PA U/ PROPOSED ! ♦ W W ♦ \ ♦ W W ♦ / ! n !WEST BUFFER ♦ ♦ W SW ♦/ { 7228 SF ♦ ♦ ♦ ♦ ♦ ♦ PASTURE (lW ♦ W 1 W W W// W ♦ W W 4' / �`' / '(NOTE) BREATHER NBE ♦ 128 W J W W W W �\ W W♦ W W / '. EL=916.29 / ♦ J 920 / ; 5-. -. G� W ♦ �\ T ST- EA EAST-"" i W 7175 SF ' / W W W W W W ♦ fW W ♦ S'l W •O,S I i -••'� / ? ♦ W � 03 r,� ' W W W � •Y � J ' � , HOUSE ,+ W W ' � ��V W ♦ � � 1 1 W W . u ♦\ W \� ' \ \ - - --- -- \ ryV W ♦ 3 WETLANDWATER W vim- W _ O -' % `� I � y]/f(W(j W ♦ W W (�{�' �� W W W W W ' ,1 \ \ ` l tss� - ti �� / (' W W ♦ W W �� L i� W W W W W W ; ` \ \ ®'EL -92190 — m V IETLAND ` �1 , .a W ♦ W . W^ .l `. _ 6'P 'a S W ♦ .S "// i° a 0' ELECTRICAL. POLI \'� . `� \ No �\ �\ 1 : ♦ \W W ♦ ��,, ,,/ff W f v�' .k �,' �1 EL.- 9.17 I+ ` `\\ PASTURE 900L INF �F W W1W W W /� L r/ Y _ (1. 'I� U 4 1 ♦ W �y l ' .. i l \ ♦ ` ♦ ♦ /'� Spy' / . W W / W� / �' r PROPOSED ACCESS LANE ;" 16U �P , TOP ELEV=916.0 TOP WIDTH=S` PROPOSED CULVERT 15X16' CMP n� rner e, me u unuen mr viwwi M GAYLE MURRAY WETLAND SUPERVISION AND THAT I AM A DULY LICENSED UKAW PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE PRELIMINARY PLAN OF MINNESOTA SITE PLAN PRELIMINARY PLAN C ON ROSS R. REIFFENBERGER DATE: REG. NO. 44201 Ws _ DRAWING FlLE: MURRAYGAYLE.OWG PLAN SHEET X LEGEND CONTOUR ELEVATION90— SOIL BORING 4� s6 F PROPOSED TILE —0 —o — EASTING TILE ---- - - EXISTING FENCE PROPOSED FENCE '—%- DIVERSION / SILT FENCE —�—�— EXISTING/PROPOSED GRADE ?� 'W •CPE TILE FL W W YW % /� W♦♦ ♦ J W ♦ EL=915.96 W WWW N r♦ / / I W W ♦ � W W W W W WWW W 1I W W W I♦ O I I \ 'Y W WW W ♦ W' \ \ ' 0 40 f � � ; I W W ♦ V ♦ W W W . W W W♦ ♦ W �/� " IW ♦ W W 7 / / I I � (.i N �h � 1 � �i W W �{ ^.W W W ♦ W ♦ W W W / �N � W'i W W I♦ W ♦ ♦ W W W ♦ W ♦ 3� . �♦ � ` SHED / I(/ f / W W W W) I W W 111 / / W W W 5 W W ♦ /( / / / / ♦ ♦ ( ♦ W W / PA U/ PROPOSED ! ♦ W W ♦ \ ♦ W W ♦ / ! n !WEST BUFFER ♦ ♦ W SW ♦/ { 7228 SF ♦ ♦ ♦ ♦ ♦ ♦ PASTURE (lW ♦ W 1 W W W// W ♦ W W 4' / �`' / '(NOTE) BREATHER NBE ♦ 128 W J W W W W �\ W W♦ W W / '. EL=916.29 / ♦ J 920 / ; 5-. -. G� W ♦ �\ T ST- EA EAST-"" i W 7175 SF ' / W W W W W W ♦ fW W ♦ S'l W •O,S I i -••'� / ? ♦ W � 03 r,� ' W W W � •Y � J ' � , HOUSE ,+ W W ' � ��V W ♦ � � 1 1 W W . u ♦\ W \� ' \ \ - - --- -- \ ryV W ♦ 3 WETLANDWATER W vim- W _ O -' % `� I � y]/f(W(j W ♦ W W (�{�' �� W W W W W ' ,1 \ \ ` l tss� - ti �� / (' W W ♦ W W �� L i� W W W W W W ; ` \ \ ®'EL -92190 — m V IETLAND ` �1 , .a W ♦ W . W^ .l `. _ 6'P 'a S W ♦ .S "// i° a 0' ELECTRICAL. POLI \'� . `� \ No �\ �\ 1 : ♦ \W W ♦ ��,, ,,/ff W f v�' .k �,' �1 EL.- 9.17 I+ ` `\\ PASTURE 900L INF �F W W1W W W /� L r/ Y _ (1. 'I� U 4 1 ♦ W �y l ' .. i l \ ♦ ` ♦ ♦ /'� Spy' / . W W / W� / �' r PROPOSED ACCESS LANE ;" 16U �P , TOP ELEV=916.0 TOP WIDTH=S` PROPOSED CULVERT 15X16' CMP n� rner e, me u unuen mr viwwi M GAYLE MURRAY WETLAND SUPERVISION AND THAT I AM A DULY LICENSED UKAW PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE PRELIMINARY PLAN OF MINNESOTA SITE PLAN PRELIMINARY PLAN C ON ROSS R. REIFFENBERGER DATE: REG. NO. 44201 Ws _ DRAWING FlLE: MURRAYGAYLE.OWG PLAN SHEET X LEGEND CONTOUR ELEVATION90— SOIL BORING 4� s6 F PROPOSED TILE —0 —o — EASTING TILE ---- - - EXISTING FENCE PROPOSED FENCE '—%- DIVERSION / SILT FENCE —�—�— EXISTING/PROPOSED GRADE ?� Page 1 of 1 Sherburne Soil and Water Conservation District 14855 Highway 10 Elk River, MN 55330 Ph. (763) 241-1170 ext. 4 Fax (763) 635-0037 Website: www.sherburneswcd.org Manure Management Plan 19262 Ogden St. NW Approved by the Sherburne County Soil and Water Conservation District and City of Elk River on December 21, 2016 Composting Composting will reduce the overall size of the pile and nitrogen content. This will result in a more stable product that can be used as a soil amendment. Composting sites will be restricted to sites identified on the attached map. With the addition of the wetland crossing, the property owner will have additional pasture ground available for spreading the compost. As stated in the City of Elk River ordinance (i.e., Section 30-803(d)(5)), if manure is to be used as fertilizer, it shall be turned under immediately, if possible, or as soon as the frost leaves the ground. Composting should not produce odors that reach neighboring homes. If neighbors complain of manure/compost smells, the city may require that the manure be processed off site until odors return to normal levels. Pasture Area Management For pasture management, the property owner is to seed Pasture 2 (see attached map) in the spring, while confining the agricultural animals to Pasture 1. Agricultural animals must not access Pasture 2 until seeding has been established. Agricultural animals will then be confined to Pasture 2, while establishment of seeding takes place in Pasture 1. Grazing of cool season grass pasture may start once the grass is eight inches or more tall. Grazing must cease when grass has been grazed down to four inches. When grass reaches four inches tall, all agricultural animals are to be removed and the pasture area must be lightly dragged to spread the manure. Wetland Buffer Strip Area Management The Buffer Strip (see attached map) may be flash grazed occasionally. Meaning, once the seeding is well established and a minimum of eight inches tall, the agricultural animals may be allowed to graze lightly, (i.e., 1-2 hours). The Buffer Strip shall be maintained according to Section 30-1853. Agricultural animals will not be permitted to graze the Buffer Strip area when wet or saturated to maintain water quality health. If the property owner is unsure of the appropriate time to graze the wetland Buffer Strip, he/she shall contact the City of Elk River or the Sherburne Soil and Water Conservation District for direction. This Manure Management Plan is to be followed as outlined in this report and directed by the Sherburne County Soil and Water Conservation District. Any changes to the Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River. Approved by on December 21, 2016 by: Bill Bronder Kristin Mroz District Technician Environmental Technician Sherburne SWCD City of Elk River 14855 Hwy 10 13065 Orono Parkway Elk River, MN 55330 Elk River, MN 55330 bbronder@sherburneswcd.org kmroz@ElkRiverMN.gov Buffer Strip AreaCompost AreaPasture Area #1Pasture Area #2Wetland Crossing Area Request for Action To Board of Adjustments Item Number 4.3 Agenda Section Public Hearings Meeting Date October 25, 2016 Prepared by BrieAnna Simon, Planner Kristin Mroz, Environmental Technician Item Description Gayle Murry – 19262 Ogden St NW  Wetland setback variance, Case No. V 16-14 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Approve, by motion, the variance request by Gayle Murry to allow a fence to encroach 45 feet into the required 45 foot wetland setback for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommends the following conditions: 1. The area within the 25 foot wetland buffer strip is not to be maintained as yard area (no mowing, no planting, no landscaping) and must be left to grow naturally. 2. The 25 foot wetland buffer strip area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. 3. No animals will be permitted within the wetland while surface water is present. 4. All conditions and best practices outlined by the Wetland Conservation Act – Technical Evaluation Panel decision shall be met. 5. A manure management plan is required to be completed following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications. 6. All standards described in Section 30-803 – Animals of the city code must be achieved for the 2.32 acres of fenced pasture land. 7. If the number of agricultural animals exceeds the permitted number of animal units for 2.32 acres of fenced pasture land, the variance will not be recorded until a Conditional Use Permit is obtained. Compliance shall be established, or a permit applied for no later than November 29, 2016. 8. If there is a change to the configuration of the fenced pasture land, a new plan is required, and must be approved by the city. If the Board of Adjustments denies the request, or an appeal is made by any interested party by November 8, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, November 21, 2016, at 6:00 p.m. N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx Background/Discussion The property owner, Gayle Murry, is proposing to construct a fence within the wetland buffer area to protect the wetland from the agricultural animals located at 19262 Ogden St NW. The property consists of 5.0 acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 66 percent of this property is covered in wetland which translates to 80 percent of the property being restricted by the wetland setback. City ordinance identifies two wetland buffers: first, a 25 foot no mow/maintenance buffer, which prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures but allows fences. The proposed fence extends 20 feet into the wetland setback area, which is permitted, and extends 25 feet into the wetland buffer area. The ordinance establishing both of the buffer areas was adopted in 2006. This lot has not been platted meaning that a variance for the proposed use would not have been required when the house was built. Section 30-1852 regulates wetland setbacks as shown in the image below. The fence will encroach into the 25-foot wetland buffer strip (red), but the fence is permitted within the required 20-foot wetland buffer (strip) setback (orange). The applicant is asking for a 25 foot variance from the 25-foot wetland buffer strip setback which does not allow fences. Staff has no concern with issuing a variance for the fence as proposed. The applicant has worked with the Sherburne Soil and Water Conservation District (SWCD) to develop a Conservation Practice plan and cost-share application for wetland and wetland buffer restoration. Kristin Mroz and SWCD staff have visited the property multiple times to determine the best solution for the property. As a part of the project, that applicant has applied for a Wetland Conservation Act Decision under exemption of conservation practices. The applicant received an approval decision on 10/19/2016. Additionally, Section 30-803 – Animals of the city code outlines the regulations which allow the keeping of animals within the city in a safe, clean and healthy manner. Agricultural animals are permitted under Section 30-809(d)(2) of the city code. This section limits the keeping of agricultural animals to one animal unit per acre of fenced pasture land. With the current location of the fenced in area, 19262 Ogden St NW can have 2.32 animal units. The applicant has stated that the limit of 2.32 animal units is currently being exceeded. To establish compliance within the ordinance, a conditional use permit will be required to increase the permitted number of animal units, which includes a manure management plan. If the N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx applicant wishes to go above the permitted 4.64 animal units they have two options. They can either apply for a variance to increase the number animal units or fence additional pasture land. If the applicant chooses to add pasture land, the new plan must be approved by the city. Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: We are requesting a variance on our property to put a negative fill 8" wide crossing through the south side of the wet land. This will allow an access lane to move from the front of the back property to the back side of the back property allowing us to use the back side of that piece of our property without traveling through the wetland so as not to disturb the vegetation and possibly create issues with in the wetland itself. This would require 2,160 square feet of fill. We are requesting to put a fence on both sides of the south side negative fill as well as the north side of the wetland to insure the integrity and stability of the wetland only allowing needed access when necessary, thus maintaining the integrity of the wetland area and its vegetation, causing no damage and minimizing access. This project would include a 25 foot wide vegetated filter strip on both sides of the wetland to minimize the adverse effects of the fill on the wetland to help keep it in compliance with all codes. We are working with Bill at the Soil and Water Conservation District to help accomplish this goal. This project has been approved by the county at this point, the application has been submitted. The wetland outlets to a county tile line that drains to the Elk River. Excluding un-necessary travel and limiting the travel to one area from the front side of the back property to the back side of the back property as well as the actual wetland itself, establishing a filter strip will improve water quality by reducing usage and sediment entering the wetland and the tile. 1. Is in harmony with the general purpose and intent of the ordinance, and This project will protect the wetland from un-necessary crossings through the wetland limiting the crossings to the one safe area. Giving a safe, passable crossing to the back side of the back property that will minimize any damage by not having to go directly through the wetlands. Helping to maintain the vegetation and protect the quality of the water in a manner that complies to all codes. Planning The intent of the wetland setbacks is to protect wetlands from negative impacts of building too close to them. The applicant has worked with the Soil and Water Conservation District to formalize a plan to provide protection for the wetlands on the property. The general purpose and intent of the ordinance are met with the developed plan. Environmental The intent of the wetland setback ordinance will be met with this project. Although the ordinance does not allow for fences in the wetland setback, this project has gone through the proper Wetland Conservation Act requirements and creates the most minimal impact as agreed upon city and county staff. N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx 2. Is consistent with the City of Elk River comprehensive plan. This property today is a proposed residential use property in the comprehensive plan and is consistent with the city of Elk River and should be maintained as a residential property in the future, through this variance, we are asking for it to remain residential. Planning The property has a land use designation of residential, which permits agricultural animals and the proposed residential use is consistent with the comprehensive plan. Environmental The property has a land use designation of residential, which permits agricultural animals and the proposed residential use is consistent with the comprehensive plan. Conservation practices are desirable projects according to the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; This request is not excessive and is within the zoning ordinance of Elk River. We are asking for an increase of fencing and fill on the south side to give the least amount of impact by the horses on the wetlands and maintaining accurate zoning rules, as the zoning code allows for horses. So as to allow safe travel from the front side of the back property to the back side of the back property without going directly through the wetland, maintaining the integrity of the vegetation and water. We are requesting two fences on the south side fill (on each side of the south side fill) as well as one fence on the north side of the wetland. Planning The proposed residential use and the agricultural animals is reasonable and is permitted in the zoning ordinance. Environmental The proposed residential use and the agricultural animals is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The wetland cuts the back half of the property in half. Running right through the middle of it. This project, fill and fences, will assist in keeping the wetland properly maintained by creating one safe path to the back. Not accessing the back is an issue without going directly through the wetlands causing damage to the vegetation. Allowing a proper, safe area to move from the front to the back portion of the land and help to maintain the quality and integrity of the wetland as well as its vegetation. Giving us access and allowing us to use the back side of the property. Planning Although new wetland classifications and restrictions have been established since the applicant purchased the property in 2007. Due to the proximity of the house and barn in relation to the wetland, the proposed location is perhaps the best area on the property to N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx construct a pasteurized area for agricultural animals as it has less wetland impact. The applicant has been working with the Soil and Water Conservation District along with City staff to develop a plan that ensures the quality and protection of the wetland for a pasteurized area. Wetlands are not unique to properties in Elk River. The subject property has approximately 66 percent of this property covered in wetland and approximately 80 percent of the property is encompassed by the wetland setback. As the ordinance is written today a pasture area would not be feasible on the subject property. Environmental Wetlands are not unique to properties in Elk River. However, the wetland on this property spans the full width of the property, making the upland beyond the wetland inaccessible by animals or humans. This project has been developed in coordinate with the Sherburne SWCD to develop a usable portion of land for pasture and upland access, while improving the water quality of the wetland. 5. The variance, if granted, will not alter the essential character of the locality. To the best of our knowledge, fencing has existed on the property since it was built. The property is not and will not be altered from its previous state by this variance, rather, the quality of the wetland will be increased. By allowing this variance, it will protect the quality of the wetland and vegetation by creating this fenced path, limiting travel through the wetland by following through with this project. Completing it according to code with an eye on keeping it safe to move from the back to the front. Planning The variance will not alter the essential character of the locality. The proposed fence would be consistent with other pastured land in Elk River and will provide increased protection to the wetland. Environmental The variance will not alter the essential character of the locality. The proposed additional fence would be consistent with other pastured land in Elk River and will provide increased protection to the wetland. The water quality and appearance of the wetland will improve dramatically. Financial Impact None Attachments  Location Map  Applicants Narrative  Site Plan Exhibit  Wetland Conservation Act Notice of Decision  Section 30-803 – Animals Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Address City of Elk River 13065 Orono Parkway Elk River, MN 55330 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Chris and Gayle Murray Murray Conservation Application Number 9-21-16 WCA 16- 08 ® Attach site locator map. Type of Decision: ❑ Wetland Boundary or Type ❑ No -Loss ® Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation (if any): ❑ Approve ® Approve with conditions ❑ Deny Summary (or attach): See attached letter. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10-19-16 ❑ Approved ® Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): TEP members have visited this site a number of times. The applicant has received a Canservation Practice plan and cost -share assistance with the Sherburne SWCD. The applicant is required to submit a manure management plan to the city for approval of a Land Use Variance. Additional conditions include: -All other local, state, or federal permits are obtained, as necessary; - The application, as reviewed by the TEP, is followed as submitted, with any changes to the permitted plan to be brought back to the TEP for review and approval. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Name Title Kristin Mroz Withdrawal (sq. ft. or nearest .01 Signature Date Phone Number and E-mail acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed forth to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Kristin Mroz Environmental Technician Signature Date Phone Number and E-mail 10-19-16 763.635.1000 KMroz@ElkRiverMN.gov THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send petition and $_ fee (if applicable) to: petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Bill Bronder ® BWSR TEP member: Cade Steffenson ® LGU TEP member (if different than LGU Contact): Kristin Mroz ® DNR TEP member: Mark Pelham ❑ DNR Regional Office (if different than DNR TEP member) ❑ WD or WMO (if applicable): ® Applicant and Landowner (if different) ❑ Members of the public who requested notice: ® Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr re tg'ons.pddf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/re ug latoiy/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS ddition to the site locator map, list any other attachments: ACOE Letter 10-14-16 BWSR Forms 7-1-10 Page 3 of 3 I -44 —7 Ln t -u r"Mor'�5z' 3p U� W cc z x w 2z w 10 Ile ww ow. �.�.A 10 rc i5 MN 1S 1'0211 F yea I -44 —7 Ln t -u r"Mor'�5z' 3p U� W cc z x w 2z w 10 Ile ww ow. �.�.A 10 r"Mor'�5z' 3p U� 1 z i5 MN 1S 1'0211 F OF VI o tI � cc DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLYTO OCT 14 2016 AnENTI ATTENTION OF Operations Division Regulatory Branch (2016-03457-LMG) Mr. Chris Murray 19262 Ogden Street NW Elk River, Minnesota 55330 Dear Mr. Murray: This letter concerns your request for Department of the Army authorization to discharge fill material into 0.05 acre of wetlands for the purpose of constructing a farm road. The project site is in Section 30, Township 33 North, Range 26 West, Sherburne County, Minnesota. The discharge of dredged or fill material in waters of the United States, including wetlands, for the construction or maintenance of farm roads, forest roads, or temporary roads for moving mining equipment is exempt from the Clean Water Act regulation, provided that you comply with the Best Management Practices (BMPs) outlined in the enclosure. If your project meets these BMPs, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. Please note that this confirmation letter does not eliminate the need for state, local, or other authorizations, such as those of the Department of Natural Resources or your county. The decision regarding this action is based on information found in the administrative record, which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, contact LeeAnn Glomski in our St. Paul office at (651) 290- 5324 or LeeAnn.M.Glomski@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Ak Kristen Hafer Chief, Southwest Section Enclosure cc: Kristin Mroz, City of Elk River Lynda Peterson, BWSR Operations Division Regulatory Branch (2016-03457-LMG) BEST MANAGEMENT PRACTICES FOR DISCHARGES NOT REQUIRING PERMITS (1) Permanent roads (for farming or forestry activities), temporary access roads (for mining, forestry, or farm purposes) and skid trails (for logging) in waters of the U.S. shall be held to the minimum feasible number, width, and total length consistent with the purpose of specific farming, silvicultural or mining operations, and local topographic and climatic conditions; (2) All roads, temporary or permanent, shall be located sufficiently far from streams or other water bodies (except for portions of such roads which must cross water bodies) to minimize discharges of dredged or fill material into waters of the U.S.; (3) The road fill shall be bridged, culverted, or otherwise designed to prevent the restriction of expected flood flows; (4) The fill shall be properly stabilized and maintained during and following construction to prevent erosion; (5) Discharges of dredged or fill material into waters of the United States to construct a road fill shall be made in a manner that minimizes the encroachment of trucks, tractors, bulldozers, or other heavy equipment within the waters of the United States (including adjacent wetlands) that lie outside the lateral bound-aries of the fill itself; (6) In designing, constructing, and maintaining roads, vegetative disturbance in the waters of the U.S. shall be kept to a minimum; (7) The design, construction and maintenance of the road crossing shall not disrupt the migration or other movement of those species of aquatic life inhabiting the water body; (8) Borrow material shall be taken from upland sources whenever feasible; (9) The discharge shall not take, orjeopardize the continued existence of, a threatened or endangered species as defined under the Endangered Species Act, or adversely modify or destroy the critical habitat of such species; (10) Discharges into breeding and nesting areas for migratory waterfowl, spawning areas, and wetlands shall be avoided if practical alternatives exist; (11) The discharge shall not be located in the proximity of a public water supply intake; (12) The discharge shall not occur in areas of concentrated shellfish production; (13) The discharge shall not occur in a component of the National Wild and Scenic River System; (14) The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts; and (15) All temporary fills shall be removed in their entirety and the area re -stored to its original elevation. 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