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7.2 SR 04-19-2021it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings April 19, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit for Agricultural Zack Carlton, Planning Manager Animals, Lillian Soza, 14296 214th Avenue Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Submit drawings/exhibits demonstrating compliance with i Section 30-803 (d). s 2. Agricultural fencing shall be installed three feet from adjacent properties. 3. Submit updated plans to ensure the pasture size matches the animal unit request. Background/Discussion The property is 2.22 acres in size and is zoned R1a where agricultural animals on lots smaller than 5 acres require a Conditional Use Permit (CUP). The applicant is seeking a CUP to have 2 goats, 2 pigs, and 12 additional chickens (24 total). This equates to 1.19 animal units. The applicant was initially proposing to fence the southern 1.07 acres of the property for their agricultural animals. City ordinances allow one animal unit per acre. The total number of proposed animal units exceeds the proposed fenced in area. They will need an additional .12 acres of fenced pastureland to accommodate the requested number of animal units. Figure I CR 33 CR12_. Updated exhibits were provided the day of the Planning Commission meeting which indicated the applicant would be utilizing 1.07 acres of fenced pasture for 2 goats, 2 pigs, and 24 chickens, which totaled 1.29 animal units. The request exceeds the permitted amount. Staff outlined additional options available to the applicant: to provide a larger fenced area, maintain less animals, or to submit and follow a manure management plan following state guidelines, allowing the applicant to exceed the ordinance requirements by 2-1. The applicant will submit updated plans to increase the pasture size and ensure it meets ordinance and CUP standards. The Elk River Vision A n elcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. P I I E I 1 0 IY NATURE Updated. August 2020 Planning Commission During the public hearing, a neighbor expressed concerns with the CUP stating approval would dramatically affect their property use and enjoyment (CUP standard #1). Specifically, related to animal noise, odor, and how those impact enjoyment outside on their patio. He also expressed concerns with safety regarding the pigs (CUP standard #1) and asked if there would always be two pigs on the property or just for a few months out of the year. Property value and future salability of his property was also a concern. The applicant explained the goats are Nigerian dwarf goats, a smaller, quieter goat which will keep noise down. He stated they are trying to locate the animals away from property lines and adjoining residents to minimize noise but indicates they also hear noise from other neighboring properties, such as dogs barking from a neighboring dog breeder and another neighbor who raises chickens. He indicated the pigs will be in their own pen which is located within the perimeter fencing. The commission expressed general concerns with agricultural animals on smaller lots. It was asked if a condition triggering the cancellation of the CUP could be added if the city receives "X number" of complaints. The city attorney clarified CUPS confer a property right that can be revoked for violation of a condition, but only after due process (notice, hearing, etc.). There can be no automatic revocation because of complaints. Also, adding a condition related to complaints is not the best approach as it may cause residents to generate invalid complaints. The pigs generated the most concern. Citing an insect problem, which could be resolved within a manure management plan, but that is not required under the ordinance as they are not exceeding the permitted number of animal units per acre. The Planning Commission unanimously recommended approval of the request but suggested the ordinance may need to be reviewed in the future. The applicant contacted city staff after the meeting and stated they are willing to forego the keeping of pigs if that becomes a contentious issue. They would instead maintain other animals, but never exceed the permitted number of animal units as determined by city ordinance. Financial Impact None Mission/Policy/Goal ■ Support property owner needs and goals Attachments ■ Planning Commission Memo dated March 23, 2021 N:\Public Bodies\Agenda Packets\04-19-2021\Final\7.2 sr.docx Request for Action Ciry nf Elk River To Item Number Planning Commission 6.1 Agenda Section Meeting Date Prepared by Public Hearings March 23, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Lillian Soza — 14296 214th Ave. NW, Zack Carlton, Planning Manager Conditional Use Permit for agricultural animals, Reviewed by Case No. CU 21-04 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Submit drawings/exhibits demonstrating compliance with Section 30-803 (d). 2. Agricultural fencing shall be installed three feet from adjacent properties. Background/Discussion The property is 2.22 acres in size and is zoned R1a where agricultural animals on lots smaller than 5 acres require a Conditional Use Permit (CUP). The applicant is seeking a CUP to have 2 goats, 2 pigs, and 12 additional chickens (24 total). The applicant will be fencing the southern 1.1 acres of the property for their agricultural animals. City ordinances allow one animal unit per acre and based on the request they will not exceed the 1.1 animal units permitted based on the size of the fenced -in area. Applicable Regulations s CR 33 In approving a Conditional Use Permit, the council may impose such Figure specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill 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 orgeneral welfare of the neighborhood or the city. The Elk River Vision P O N E B E u 1 1 A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Section 30-803 (d) outlines standards for the keeping of chickens in all residential parcels. Standards include coop and run size, setbacks, design requirements and food storage. With compliance of these standards the use 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. Staff has included a condition of approval requiring the applicant to provide drawings/exhibits demonstrating compliance with Section 30-803 (d). The fencing defining the pastureland for the proposed agricultural animals shall be setback 3-feet from any property line adjoining a neighbor. 2. W1711 be consistent n.,ith the comprehensive plan. The property is guided for residential where the keeping of agricultural animals are allowed. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding properties are developed like the subject site. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 4. W1711 be served adequately by and avill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse di posal, water and sewer ystems, parks, and schools; and n ill not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use 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. 5. Weill not involve uses, activities, processes, materials, equipment, and conditions of operation that nrill be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The use 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. 6. lYlill not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Weill fully co*yvvitb 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 use 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. N:\Departments\Community Development\Planning\Case Files\CUP\CU 21-04 Soza\4-Pl2nnu1ig Commission\6.1 sr.docx Staff does not see a need to impose specific conditions to satisfy this standard. 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. Financial Impact None Mission/Policy/Goal ■ Support property owner needs and goals Attachments ■ Location Map ■ Applicant's Narrative and site plans N:\Departments\Community Development\Planning\Case Files\CUP\CU 21-04 Soza\4-P12nnu1ig Commission\6.1 sr.docx 01. 75=55 an S(--)z,,,i- Conditiomql tl-lse Permit mww-wm--% I Case No: CU 21-04 El River 1. Request: Be approved to keep 2 goats, 2 pigs, and 12 additional chickens on our property. 2. Scope of Project: We plan to fence in the back portion of our property, giving us about 1.119 acres of fenced in land. Screenshot of property from Sherburne County website showing entire property with proposed fencing line in red. FN T Screenshot of property from Sherburne County website showing close up of proposed fencing line on the southern portion of the property. We would use 1.07 animal units if we were to implement our proposed plan, which places us below the acreage requirements. Animal Units Individual Unit Total Units for Animal Requested Swine over 55 pounds 0.4 0.8 Goats (Nigerian Dwarf Goats — avg. 75 lbs .075 0.15 Chickens over 12 limit .001 0.12 Total Animal Units = 1.07 Regarding the pigs, we would build a covered shelter for them in a 1 Oft by 40ft pen. We plan on using chain link and electric fencing. We would keep the pigs about 5 months, until the autumn, before taking them off the property to be processed. Regarding the goats, we would build a structure for them in a 25ft by 50ft pen. We plan on using chain link and electric fencing. We plan to give them access to the fenced in, wooded area for grazing. Regarding the chickens, we would add them to the coup and run that is currently in use on our property. We plan on storing the food for the animals in lockable, metal, 55 gallon barrels inside their respective areas. 3. Reasons for Requesting this Conditional Use Permit: Our request for a Conditional Use Permit stems from our desire to take more responsibility for our family's needs. We have been working toward a goal of self-sufficiency since we were married in 2012. In 2014 we moved from California to Minnesota to pursue the possibility of purchasing a house instead of continuing to pay rent, which was our only option for where we were living in California. In 2018 we moved from our previous home in St. Michael to our current home in Elk River in search of more space to grow our own food and due to the restrictive codes we encountered in St. Michael regarding keeping chickens. Since then we have cultivated a garden and planted several fruit trees in the attempt to provide for a larger portion of our family's needs. Last year, with the scarcity issues surrounding the pandemic, we realized that there were still areas for improvement in our attempts to be more self-sufficient. And so we are requesting a Conditional Use Permit in order to be able to keep 2 goats to gain a dairy source, 2 pigs to gain a meat source, and 12 additional chickens to increase our egg production. We believe that this request is entirely consistent with the City of Elk River Comprehensive Plan for many reasons: -It is in line with the identity of the rural residents of Elk River, which is the very reason we chose to move here from St. Michael. Elk River still allows freedom for its residents to make choices to develop and enhance their property. -Our small neighborhood consists mainly of the families on our block and it is out of the abundance from our land that we often share with each other. We have given gifts of extra eggs to our neighbors and received gifts of homemade maple syrup and garden produce from their property. We hope to strengthen our neighborhood bonds as we have more to share. -We also plan to preserve and maintain our environment as we use the compost created from these animals' byproducts to grow healthier plants and create more biodiversity on our land. When we moved to this property, it was mostly grass. Since then we have added a garden patch, fruit trees, and berry bushes, and this year we are planning to convert some of that grass to a wildflower garden. In the past we have purchased manure and compost for these enhancements but we are hoping that this plan will allow us to produce our own manure and compost in order to conserve our financial resources instead of bringing it in from other areas. -As parents of 5 children, we believe that the priorities we are instilling in our children while they are young will allow them to be respectful, competent residents in the future. We homeschool in order to take advantage of the opportunity to teach our children not only in an academic setting but also expose them to skills that are being lost to many. Having children who understand the food system, all the work that goes in to having bacon and eggs for breakfast, will create adults who are more careful with their resources. As children learn responsibility and service through caring for animals on a regular basis, they learn skills that will help them be responsible and service oriented. Those traits definitely contribute to the safety and completeness enjoyed in any neighborhood or city. We love living in Elk River. We want to create future residents who will care for their surroundings and communities and we believe that this is started in the home. As we give the example of setting up systems that will provide for the needs of our family, we hope that our children will have their physical needs met, will learn important life lessons, and that those around us will be uplifted from our efforts. I 'ioll'ioan oza CUP Agricultural Animals D255, ! jr, LII-Ea S-"C)Z,,.l Con ditiotml Use Permit 4 4�01 05 -01 dda&—' 8 Case No: CU 21-04 Elk, River Background ■ Parcel is 2.22 acres in size ■ Utilizing 1.75 acres of fenced property (updated this morning) ■ 2 goats, 2 pigs, and 24 chickens Unit per Requested Animal Animal Animal Animals Units Swine over 55 Ibs 0.4 2 0.8 Nigerian Dwarf Goat (75 Ibs) 0.075 2 0.15 Chickens 0.01 24 0.24 Total Animal Units 1.19 ■ Now they have enough fenced property (1.75 acres) :ed in Property = 2.2 acres ide house and driveway :ed in Pasture = 1.75 acres AgAnimals ■ Chickens require coops and runs per ordinance ■ Ag Animals require fenced pastureland and shelter per ordinance ■ PC recommends fencing be held back three feet from all property lines — addressing safety Planning Commission ■ Neighbor concerned an approval will dramatically affect their property use and enjoyment (CUP standard #1) noise and odor ■ Also concerned with safety regarding pigs Planning Commission ■ PC expressed general concerns with ag animals on smaller lots ■ but understood that was not what was being discussed ■ Pigs were the most concern — smell and insect problems ■ Asked if a condition triggering the cancellation of the CUP could be added if the city receives "x number" of complaints Willing to forego the keeping of pigs if that becomes a contentious issue • Would instead maintain other animals ■ Not to exceed permitted animal units CUP Requirements ■ PCs analysis of the application shows compliance with 5 of 7 standards required for approval of the CUP ■ #1 and #5 discuss adverse and detrimental activities ■ With the proposed conditions — these possible impacts may be avoided Action Requested ■ Approve, by motion, the CUP with the conditions outlined in the memo :ed in Property = 2.2 acres ide house and driveway :ed in Pasture = 1.75 acres Ag Animals vs. Chickens ■ 12 chickens are allowed on parcels 2 1/ - 5 acres on all residentially zoned properties in the city ■ Ag Animals in the R-1 a zoning district are a conditional use on parcels which are smaller than 5 acres Background ■ Parcel is 2.22 acres in size ■ Utilizing 1.75 acres of fenced backyard (updated this morning) ■ 2 goats, 2 pigs, and 24 chickens Unit per Requested Animal Animal Animal Animals Units Swine over 55 Ibs 0.4 2 0.8 Nigerian Dwarf Goat (75 Ibs) 0.075 2 0.15 Chickens 0.01 24 0.24 Total Animal Units 1.19 ■ Now have enough property