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7.5. SR 07-17-2017Request for Action To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2017 BrieAnna Simon, Planner Item Description Reviewed by Conditional Use Permit: Swanson Farms, LLC., to Zack Carlton, Planning Manager increase permitted animals and for a Home Reviewed by Occupation Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit (CUP) request by Michael Swanson to increase the number of permitted agricultural animal units to 18, with the following conditions: 1. The authorized use shall not begin until the CUP is recorded. 2. If the proposed work described in the application and CUP has not been substantially completed within two years of the permit’s date of approval, the permit shall expire and become void. 3. The CUP shall expire if the authorized use ceases for more than six months. 4. The applicant must apply for and receive approval of all required permits before any construction may begin. 5. No more than 18 animal units shall be allowed on the property, unless otherwise approved by the Board of Adjustments for a variance prior to January 2018. The variance shall be recorded as an attached to the CUP. 6. A Manure Management Plan shall be submitted and approved by both staff and the Sherburne County Soil and Water Conservation District. 7. The Manure Management Plan shall be followed as directed and approved by both staff and the Sherburne County Soil and Water Conservation District. 8. For the CUP to remain active, a valid Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River for all future homeowners. 9. 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. 10. 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. 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 the manure and other waste materials be removed on a more frequent schedule. Approve, by motion, the CUP request by Michael Swanson for a Home Occupation to permit the boarding and training of horses with the following conditions: 1. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 2. The authorized CUP shall not be recorded until the aforementioned conditions have been completed. 3. The authorized use shall not begin until the CUP is recorded. 4. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit’s date of issuance, the permit shall expire and become void. 5. If the authorized use ceases for more than six months, the permit shall expire. 6. The hours of operation shall be limited to 7:00 a.m. to10:00 p.m. 7. 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. 8. There shall be no animals permitted outside of the fenced pasture area. 9. All customer vehicles must be parked on site on an approved surface. 10. The applicant must apply for and receive approval for all required permits before any construction may begin. Background/Discussion Case No. CU 17-09 Michael and Lindsey Swanson, owners of Swanson Stables LLC., are requesting a CUP to increase the number of animal units at 21310 Brook Road NW. The property consists of 16.57 acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 40 percent of this property is wetland. Additionally, the Swanson’s are requesting a CUP to operate a Home Occupation from 21310 Brook Road NW. Swanson Stables LLC will be a facility that American Saddlebred horses will be boarded and show trained. The proposed use exceeds the requirements for a permitted Home Occupation and requires a CUP to operate the proposed business from this location. Property History A CUP allowing the keeping of horses was approved for this property in 2012 but has since expired due to cessation of the approved use. The previous CUP application stated there was 11 acres of non-water land on this site permitting a total of 22 animal units or horses on the property with a CUP. However, in review of the materials provided in the 2012 application, staff noted that a wetland delineation had not been completed. The 11 acres of non-water land used to determine the animal units at that time was based on a survey showing the water’s edge. Based on recent standards, increasing the number of animal units on properties with wetlands, a wetland delineation is required. Having an accurate delineation of the wetland boundary is a crucial element in determining the amount of land available for fenced pasture land. Using assumptions outlined in the 2012 CUP, and a recent CUP which allowed in an increase in the number of animals on a residential lot, the area of fenced pasture land is based on the area fenced, excluding wetlands, driveways, and buildings. Increased Animal Units 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. Since this site is completely fenced in around the perimeter, the area of fenced pasture land will include all areas except the wetlands, driveway, and buildings. The submitted wetland delineation dated May 2017 identifies the following: N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.5_CU 17-09 Swanson CC 7-17-17.docx Name Estimated Area Wetland 1 4.14 Wetland 2 0.03 Wetland 3 1.09 Wetland 4 0.21 Wetland 5 1.04 Total Estimated Wetland Acreage 6.51 Property Acreage (GIS County Parcel Data) 16.57 Remainder (Non-Wetland Estimate) 10.06 Additionally, staff identified 1.06 acres of driveway and building space on the site. Therefore, the existing area of fenced pasture land is 9 acres, which can be doubled to 18 animal units. 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 developed in coordination with the Sherburne County Soil and Water Conservation District will be filed, and remain with the property for any future homeowners. Discussion The applicant requested a total of 22 animal units, which is what was approved in 2012. The applicant has stated that they understand why they are not able to obtain the 22 animal units with this application. However, the applicant would like to have a discussion with the Planning Commission to see if a variance would be supported. Home Occupation The Swanson’s are requesting a CUP to operate the company, Swanson Stables LLC, at 21310 Brook Road NW. Swanson Stables LLC will be a facility that American Saddlebred horses will be boarded and show trained. The property is zoned Single Family Residential (R1-a) where home occupations carried out in detached accessory structures and outdoor areas require a CUP. Residential uses abut the property to the North and East. A similar dairy farm operation is located to the South of the property and ERX Motor Sports is located to the West. Swanson Stables LLC would like to operate a boarding and training facility out of the 14,240 square foot horse arena pole barn and the 4,116 square foot pole barn. The entire detached accessory structures will be utilized for the proposed business and will house a number of horses at any given time, along with the appropriate equipment needed to board and train these animals. Horses will spend the majority if their time in the large horse arena, but will be able to access the fenced pasture land. Other than the applicant, there will be no employees. The hours of operation for the proposed business will be 7:00 a.m. and 10:00 p.m. and there will not be customers outside of those hours. Comprehensive Plan Rural Residential includes land currently developed for residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. The predominant land use in this area is single family detached homes. Increases in density or development should be allowed for achieving certain public objectives such as preserving natural features. N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.5_CU 17-09 Swanson CC 7-17-17.docx The use is consistent with the comprehensive plan. Applicable Regulation Conditional Use Permit The issuance of a CUP can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare 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 will take neighboring properties into account. 2. Will be consistent with the comprehensive plan. The use is consistent with the comprehensive plan. The proposed use fits the residential guidance for the property. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The proposed use will not affect the surrounding residential lots. The property has been used to keep horses in the past. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The facility will not be served by city services and there does not appear to be any other potential impacts to public facilities or services. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property 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 in the Manure Management Plan and CUP conditions. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The applicant has met with environmental staff and the Soil and Water Conservation District 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. Will fully comply with all other requirements of this Code, including any applicable requirements and Standards for the issuance of a license or permit 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 Conditional Use Permit. If denial of such a permit 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. N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.5_CU 17-09 Swanson CC 7-17-17.docx In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Planning Commission Meeting The applicant stated, during the public hearing, they are aware of and have no concerns with the above conditions. No one else spoke for or against the request and staff has not received any comments from the public. The Planning Commission unanimously recommended approval of the CUP for both the increased number of animal units and a home occupation with the conditions described above. Staff has not received any additional comments from the public for this item. Statutory Review Period Per State Statute 15.99, the applicant has submitted a written request to extend the review period to August 25, 2017. Financial Impact None Attachments  Location Map  Applicants Narrative  Wetland Delineation  Non-pasture Land Map  Home Occupation Responses N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.5_CU 17-09 Swanson CC 7-17-17.docx F nl / L y� .� 4v{ tqlwp i✓+� �fi✓iY�r� L4IV Conditional Use Permit Swanson Stables LLC 21310 Brook Road NW Elk River MN 55330 Michael and Lindsey Swanson - Swanson Stables LLC., is filing for a conditional use permit at our newly purchased address. Swanson Stables will be a facility in which American Saddlebred horses will be boarded and show trained. The address is presently approved for up to 11 horses, 1 per tillable acre and we would like this doubled for future business growth. The property line is fully fenced and can accurate the potential increase number of animals. The manure / waste from the horses will be professionally hauled away. Please contact us with any questions you may have. Conditional Use Pennit Application Page 2 Print Name: 1/6/2017 Inst Modified Description of Project Narrative The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and/or City Council before the meeting(s). A typewritten narrative explaining your request in detail should include, but not limited to, all the following applicable information: ■ Detailed description/scope of project. • What is being proposed? ■ How is the request consistent with City of Elk River Comprehensive Plan? ■ Hours of Operation ■ Number of Employees • Number of parking stalls, existing and additional • Is there proposed screening of the site? • Proposed building materials ■ How do they comply with applicable design standards? ■ Signage — (at time of installation, a separate permit is required for each sign) ■ How many? ■ Proposed sizes? ■ Locations? ■ What type? ■ Is there outdoor storage? ■ What is being stored? ■ How much? ■ Proposed screening? Erosion Control I have read, understand, and agree to the erosion control measures as outlined in Sections 30-972, 30-416, and all other locations of Elk River City Code and agree to install or implement the measures upon approval by the City of Elk River. I understand that failure to implement these measures may result in imine �e.s>zsRension and possible restoration and mitigation measures. Applicant Signa 7e: v G DatL✓'���� Print Name: l l r L -k( NADepartments\Community Development\Planning\Admin\Application Forms\Conditional Use Pemdt 2017.docx From: Michael Swanson [mailto:Michael.E.Swanson@hotmail.com] Sent: Wednesday, May 17, 2017 12:25 PM To: Bednar, Amanda Subject: Re: CU 17-09 - Out of Office I have that delineation back from Meaghan Watson, a team member of the agency contracted. Attached is her report. It appears we have 10 acres of non-wetland and with the CUP, I'd think we would be permitted to have 20 horses / animal units. Please let me know what the next steps are and what I can do if anything to assist. thanks, below is Meaghan's email to me. feel free to contact her if you need. Good morning Mike, Please see the attached figure detailing the approximate boundaries of wetlands identified on your property. I have also included a brief table below with the acreages of each wetland and the total wetland acreage for your property, compared with the GIS acreage in Sherburne County parcel data. Please let me know if you have any questions about the figure or the data. Additionally, just to reiterate, these boundaries are approximate and cannot be used to obtain a formal approved wetland delineation, but will suffice for the City’s requirements for your CUP application. Name Estimated Area Wetland 1 4.14 Wetland 2 0.03 Wetland 3 1.09 Wetland 4 0.21 Wetland 5 1.04 Total Estimated Wetland Acreage 6.51 Property Acreage (GIS County Parcel Data)16.57488 Remainder (Non-Wetland Estimate)10.06488 Thank you for the opportunity to work with you! Meaghan Watson Environmental Scientist Certified Wetland Delineator In-Training, #5202 mwatson@wenck.com | D 763.252.6986 | C 612.590.2620 7500 Olson Memorial Highway | Suite 300 | Golden Valley, MN 55427 MIKE SWANSON Approximate Wetland Boundaries Figure 1 Property Acreag e:16.57 488 Acre s Wetland 14.14 Acres Wetland 20.03 Acres Wetland 31.09 Acres Wetland 40.21 Acres Wetland 51.04 Acres 964958974 974 966972 972960 9569 7 6 976970984 9 6 8 974 968960968972 966 9649 7 0 9 5 0980976 9649649649 6 2 968 960974 960 9 7 2 9 5 2 972 9 7 8982 9589629 5 4 966962980958 978 956 958960 962 958 976 958974 9609 5 8 962 9669 7 2 9 6 6 960 964962964 960 970 968 150 0 15075Feet ±Path: V:\G IS\6631\mxd\Swanson site.m xdDate: 5/15/2017 Time: 7:15:11 AM User: WatME0697 MAY 2017 2010 Aerial Photograph (Source: MN GEO) Legend Property Boundary Approximate Wetland Boundaries 2ft Contours (LIDAR) y * M J``; �7 ' For reference only. " This is not a survey. r 1.66 ACRES , w AL From:Michael Swanson To:Simon, BrieAnna Subject:Re: Home Occupation Conditions Date:Wednesday, June 21, 2017 3:04:31 PM Attachments:image001.jpg image002.jpg image003.jpg not sure if you would like me to say more than what I have below .... a lot of the question require very little response. hope this helps. thank you again!!! 1. The occupation shall be carried on entirely within the dwelling unit or attached garage except that light construction contractors may use detached accessory structures which would normally be allowed under the provisions of this ordinance for storage. If the home occupation is carried on in the garage, the minimum amount of required garage space shall be maintained as garage space. - with the nature of our business (training American Saddlebred Horses) it will not be possible to work within the home or garage but will be working out of our horse barn and arena that is located within 50 feet from our home. 2. There shall be no exterior evidence of the home occupation such as displays, exterior storage of business equipment, materials, merchandise, inventory or heavy equipment. - this will be no issue, we will not display our business of any kind on the property 3. No permitted home occupation shall require internal or external construction features not customarily found in dwellings. - agreed. 4. A maximum of one (1) full time equivalent employee other than those persons who customarily reside on the premises shall be employed. This provision shall not apply to dwellings where the permitted home occupation is a meeting place for employees and the work is done off-site. - agreed. My wife business has only one employee, her and that will never change. 5. Permitted home occupations involving teaching shall not exceed two (2) pupils at one time. - agreed 6.Any sign or visible advertisements shall not exceed two (2) square feet in area and shall be mounted flat on the outside wall of the dwelling. - okay 7.No permitted home occupation shall be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. - understood 8.No home occupation shall have outside employees and/or customers between the hours of 10:00 p.m. and 7:00 a.m. - as noted above, my wife is the only employee 9.Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet to the curb line or edge of the paved surface. - understood 10.The operation of any wholesale or retail business, unless it is conducted entirely by mail, and does not involve the sale, shipment, or delivery of merchandise on the premises, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. - understood 11.Permitted home occupations may not involve repair of internal combustion engines or use of equipment which is not normally found in a home, except that equipment which is typically in an office may be used. - understood 12. The applicant shall obtain and include with their application, written proof that the homeowner's association, if one is present, has received seven days' notice of the application for a home occupation. - okay