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7.3 SR 03-18-2024City of Elk - River To City Council Meeting Date March 18, 2024 Item Description Conditional Use Permit: Cargill, Agricultural Research Facility (Dairy Barn) - 10700 165th Ave NW Request for Action Item Number 7.3 Prepared By Zack Carlton, Community Development Director Reviewed by: Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit authorizing an agricultural research facility at 10700 165th Ave NW, with the following conditions to satisfy the standards set forth in Section 30-654: The facility must meet all state and local building codes consistent with an agricultural research operation. Prior to releasing the building permit, the applicant must demonstrate compliance with all MPCA and EPA requirements. Background/Discussion The property is zoned Agricultural Research (AR) where improvements and modifications to the approved agricultural research facility require a Conditional Use Permit (CUP). Cargill is proposing an expansion to their existing dairy operation. The existing dairy operation will transition to a new building which will be equipped with the latest practices of the dairy industry, which include automated feeding, housekeeping, and robotic milking systems. The expansion will also include research spaces and employee support areas. Transitioning to the latest technologies will also improve the manure management system by eliminating daily field spreading. Planning Commission The Planning Commission held a public hearing on February 27, 2024, and had a few questions regarding odor and changes to the manure management plans. Penny LaPlante, the facility Operations Manager, explained the manure management changes. No one else spoke during the public hearing and staff did not receive any additional comments before or after the public hearing. The Commission unanimously recommended approval with the recommended conditions. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A Y engagement that encourages and inspires prosperity 229 Financial Impact None Mission/Policy/Goal Attachments I . PC Packet 2-27-2024 2. CUP Document Page 80 of 229 Request for Action ver To Item Number Planning Commission 5.4 Agenda Section Meeting Date Prepared by Public Hearings February 27, 2024 Zack Carlton, Community Development Director Item Description Reviewed by Cargill Animal Nutrition, 10700 165th Ave NW Chris Leeseber , Senior Planner Reviewed by ■ Conditional Use Permit to Allow Construction of an Agricultural Research Facility (Dairy Barn), Case No. CU 24-01 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. The facility must meet all state and local building codes consistent with an agricultural research operation. 2. Prior to releasing the building permit, the applicant must demonstrate compliance with all MPCA and EPA requirements. Background/Discussion The property is zoned Agricultural Research (AR) where improvements and modifications to the approved agricultural research facility require a Conditional Use Permit (CUP). Cargill is proposing an expansion to their existing dairy operation. The existing dairy facilities will transition to a new building which will be equipped with the latest practices of the dairy industry with include automated feeding, housekeeping, and robotic milking systems. The expansion will also include research spaces and employee support areas. Transitioning to the latest technologies will also improve the manure management system by eliminating daily field spreading. Figure 33 CR 12 , Employment within the dairy operation will support additional employees, increasing the employee count from 12 to 14-16 at full operation. Hours of operation will remain unchanged at 4:00 a.m. to 10:00 p.m. Monday through Sunday. Site Plan The new facility includes two main components — the main barn is 576-feet by 146-feet and will house the animals for a majority of their time. The second component is the milking barn at 232-feet by 94-feet which is where the robotic milking system will rotate the animals through from the main barn. The milking barn also includes employee spaces like bathrooms, breakrooms, lockers, and research spaces. The Elk River Vision P 0 1 E I E 0 0 r A avelcoming community With revolutionary and spirited resourcefulness, exceptional AV RE service, and community engagement that encourages and insires pro perity. Updated. January 2023 Page 81 of 229 In addition to the new barn, a large silage storage area will be developed west of the barn and the new concrete manure pit will be south of the facility. New parking and drive lanes will be added around the building to support the expanding operation. Access to the facility will utilize existing drive lanes and access points on the site, no impacts to existing rights -of -way are proposed. Building and Fire Codes City staff have met with the applicant and their design team on multiple occasions to discuss the building and fire codes that the building will need to meet. Staff s analysis of the proposal requires full compliance with state building codes as the facility is a research and development operation. Cargill and their team continue to work with city staff to ensure the building meets all applicable codes. Applicable Regulations In approving a Conditional Use Permit, the council may impose such 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 otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral n el of the neighborhood or the city. The property has operated as an agricultural research facility for quite some time. The surrounding properties are also owned and operated by the applicant, which support the existing Agricultural Research Uses. The dairy barn, manure pit, and silage bag pad are located southwest of the existing facilities, but all improvements comply with required setbacks and zoning standards. Staff does not see a need to impose specific conditions to satisfy this standard. 2. mill be consistent n4th the comprehensive plan. The property is guided for agricultural uses and the proposed use is consistent with the long-term vision for the area. 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 vacantproperty. The surrounding parcels are owned and operated by the applicant and support their agricultural research operations. Staff does not see a need to impose specific conditions to satisfy this standard. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse disposal, n.,ater and sen.,er systems, parks and schools; and will not, in particular, create traffic congestion or interference nrith traffic on adjacent and neighboring public thoroughfares. The new facility must comply with state building codes regarding fire suppression and safety. This may require installation of a fire sprinkler system, which may be possible through the expansion of public utilities in the area. The proposed dairy operation will not negatively impact any public services or facilities. Staff included a condition that the dairy facility must meet all state building codes. Page 82 of 229 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. There is an existing manure pit on the Cargill site, and the proposal relocates and expands this pit. The manure pit will generate odors, but the change is not significantly larger than the existing operation. The new manure pit will need to meet all state and local standards, including any permitting requirements. The facility is currently registered as a feedlot with the state. Staff included a condition that Cargill must meet all state and local standards and receive any required environmental permits. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While construction will occur on site, 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. mill fully coupyY.,itb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit 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. 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 ■ Meet changing needs - Agile ■ Help, not hinder citizen quality of life ■ Support the growth and development of the business community Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plans ■ Architectural Plans/Elevations Page 83 of 229 'tom :t f _,ram. 75-00011�4300, - is. 5-000 00 7 12-33 c e S. 75-00013-21( 75-00014-1100 - AI Cargill Case No: CU 24-01 Elk Conditional Use Permit Pag� 9 CU 24-01 Cargill Project Narrative Cargill's Elk River Animal Nutrition Center's current dairy operation has been outdated by evolving industry standards. The latest dairy farming practices dictate the following updates to effectively contribute to the research and development purpose we serve for our customers. The new facility will be equipped with automated feeding, housekeeping, and milking systems, which reflect the latest practices in dairy farming. This proposed renovation will create a more efficient and environmentally friendly operation than the present operating dairy facility. The new facility will consist of free stall pens and be equipped with automated feeding systems, robotic milking systems, and housekeeping which will reflect current industry standards. It will also include a sample prep area, employee workstations, employee breakroom, restrooms, and locker rooms. The improved manure management system will eliminate daily field spreading that exists today. The overall goal of this project is to plan, design and construct a facility to achieve the following goals: Improve employee safety and engagement Improve animal safety and welfare. Add capabilities to support CANS growth in understanding nutrients and support dairy farmers. Improve Overall Equipment Effectiveness (OEE). Hours of operation will be 4 am-10pm, Monday -Sunday. Number of employees will be 14-16, currently we have 12 at this facility. The facility will add a dedicated parking lot with approximately 21 stalls. Gravel roads will allow access throughout the facility. Utilities will be provided via local well water and public electrical utility. No additional signage, signage already exists for the site at the front office. No outdoor storage will be needed. The following updates to this facility will meet all standards to be permitted through the Minnesota Pollution Control Agency (MPCA), Environmental Protection Agency (EPA) and any possible County and City ordinances. The current facility is a registered feedlot in the State of Minnesota. The facility plans to be permitted for approximately 624 Animal Units as part of this renovation. The Dairy Renovation will consist of the following elements See Appendix B: 1. Milking Center Barn —232' long by —94' wide This Barn is proposed to be a mono slope type roof shape, with combination wood post -frame and stud -wall type structure that will be insulated, heated, and mechanically ventilated. Floors will be concrete. This building will be connected to the Main Barn. This barn will include the following areas: Milkhouse area for bulk milk storage, milk cooling, processing, and handling. Milking Center area that includes robotic milkers, livestock sorting and handling features. Page 85 of 229 165th Ave NW (PAVED) snow — — --- — — — — -- I ....... 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TDIPPE HOT DIPPED GALV I r r .rraeivc ,_aor R,eorcrokk oe (11 V sa' W w�N u Av � I xwA ure �quEv rz.' 94' Sheet No. CONDENSING UNIT EMPLOYEE ENTRANCE Storage VEST Olilce Br=akreem SAMPLE PREP esa 5F Locker Room 69 SFraar supplies as SFL fi5 SF FREEZER 1 ADA stall shower and t st.kable 260 SF vdasmury Locker Room z m 2ea SF 1 ADA stall shower and 1 z MAL CORRIDOR 500 SF s-a ble W-WD" Open Space (Not a Wall) Breakroom 670 SF PROJECT MILKSHAKE FLOOR PLAN Office I Office I Elev I SF 1. SF 80 SF Control Room/Hotelling Space 600 SF Lobby 720 SF LFRID® ADA 13o sF Equip All DRUG STORE Toilet Toilet Mothers Comms Elec jjFWater/Fire custodial Stora e o sF a sF o sF 0 sF o SF 0 5F Toilet yg` �0sg 1905E dsa SF - - - - MILKING PARLOR LEVEL 1 FLOOR PLAN 11/30/23 03 2-- s Page 93 of 229 PROJECT MILKSHAKE FLOOR PLAN MILKING PARLOR BELOW LEVEL 2 ® FLOOR PLAN . - 1-- 7 . -'. Page 94 of 229 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-01 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit ("Permit") requested by CAN Technologies for the following use: Conditional Use Permit for the construction of an Agricultural Research Facility (Dairy Barn) at 10383165h Avenue NW Property. The Permit is for the following described property ("Subject Propertn in the City of Elk River, Sherburne County, Minnesota: The Northwest (Parcel 2) and Southwest (Parcel 3) quadrant of Section 13, Township 32 North, Range 26 West, lying east of Trunk Highway No. 10, lying west of the Burlington Northern and Santa Fe Railway, Sherburne County, Minnesota. Owner. Owner of the Subject Property at time of the approval of the Permit: CAN Technologies Inc., owner Conditions. The Permit is issued subject to the following conditions to satisfy the standards set forth in Section 30-654: 1. The facility must meet all state and local building codes consistent with an agricultural research operation. 2. Prior to releasing the building permit, the applicant must demonstrate compliance with all MPCA and EPA requirements. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period Page 95 of 229 determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: March 18, 2024. CITY OF ELK RIVER By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) Mayor John J. Dietz City Clerk Tina Allard The foregoing instrument was acknowledged before me this day of , 2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032 Page 96 of 229