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7.2 SR 06-17-2024City of Elk - River To City Council Meeting Date June 17, 2024 Item Description Conditional Use Permit: Agricultural Animals (two horses) on a Residential Lot, 20373 Vance St. NW Katie Bedbury Request for Action Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards outlined in Section 30-654: I. No more than two (2) agricultural animal units shall be allowed on the property. 2. No on -site commercial activities such as breeding, boarding, or selling shall be permitted. 3. The shelter structure and area for feeding and water shall be located no less than 200 feet from any existing neighboring residence as shown in the Staff Site Plan dated 6-17-2024. 4. A Manure Management Plan must be approved by the city. 5. The manure compost bay shall be located no less than 200 feet from any existing neighboring residence. 6. Manure shall not be land -applied to the subject parcel. 7. Manure accumulations shall be managed such that no pollution hazards or nuisance conditions are created or maintained. 8. If the city finds that the manure and other waste materials create a nuisance by attracting flies, other insects, and rodents, or by creating offensive odors, the city may order the manure and other waste materials to be removed on a more frequent schedule. Background/Discussion The property owner, Katie Bedbury, is requesting a Conditional Use Permit (CUP) to keep two agricultural animals (horses) on 1-1.5 acres of fenced pastureland. Agricultural animals are permitted under Section 30- 803 of the city code, which limits the keeping of agricultural animals to one animal unit per acre of fenced pastureland. The applicant is requesting more than one horse per fenced acre of pastureland (2/ 1.5 acres). The total number of allowed animal units per acre may be increased, provided there is an approved manure management plan following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications. Public Comment Staff received a phone call from a resident before the commission meeting, stating they were fully supportive of the CUP request. During the public hearing, a property owner to the south expressed concerns about The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity INMURfd372 dust, where manure and shelter were going to be located, and wanted to know if a survey would be required for a fence. They requested more details regarding the location of these items. The commission discussed where the structure, manure, and feeding/water area should be located to limit negative effects on neighboring properties. The commission recommended the shelter, feeding location, and water source be no less than 200 feet from any existing residence. The applicant submitted an updated plan and staff created the staff site plan based on their information. Since the commission meeting, the neighbor to the south asked several questions. Is there an MPCA residential management plan that is relevant and, if not, could it be clarified what manure management guidelines would apply in this case? Could the CUP be rescinded if the applicant fails to maintain their CUP requirements or if unanticipated problems arise after the permit is issued? What recourse do residents in the vicinity of the permit holder have if the permit turns out to not be compatible with the affected homeowners? It has been his experience that once a problem is established in a residential neighborhood it can be hard to resolve and, hoping, any issues will be addressed before they can affect the neighbors. The city's environment staff and consultant have been working on a plan with guidance from Sherburne County's Solid Waste Management Ordinance. Violations of the approved conditions and/or applicable ordinances could result in the CUP being revoked. The Planning Commission unanimously recommended approval. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments I. Applicants Updated Site Plan 2. Staff Site Plan 6-17-2024 3. Manure Management Plan 4. CU 24-08 Conditional Use Permit 5. Planning Commission Memo dated 05-28-2024 6. 7.2 Bedbury Presentation Page 168 of 372 Applicant Submitted Site Plan-10-2024 f = FPn(e IiYvt - 5(+ rnM i�UKh v,kAgWOO VIVA �Vo�kxt� (1.5 acykc,) C] = SnUt5-Y ZO X IU (200 �-!q(t) o: ftw� I v O vhd bWJ60 n Q = Nml v Atnn Y- Q : cickv— Page 169 of 372 'S II I I t • II I I �W O 3 SHELTER HAY ^ 1 .06 ACRES II I 111111 } - 75-00512-0260 Staff Exhibit dated June 17, 2024 Manure Management Plan ■ Manure from the pasture will be deposited in an 8'x8' three -sided compost bay located behind the pasture. Manure will be transported with a dump trailer. ■ Manure will be hauled off the property when the compost bay is full which is approximately 4 times a year. ■ Manure will not be land applied to subject parcel. ■ Manure accumulations will be managed such that no pollution hazards or nuisance conditions are created or maintained. ■ Erosion control logs will be place within two feet of the compost bay. Page 171 of 372 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-08 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit ("Permit' requested by Katie Bedbury for the following use: Conditional Use Permit to allow Two (2) Agricultural Animals (horses) on a Residential Lot at 20373 Vance St. NW, Elk River Property. The Permit is for the following described property ("Subject Property' in the City of Elk River, Sherburne County, Minnesota: Lot 5, Block 2, Wilderness Acres, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Spencer Ryan Hlavachek and Katerine Ella Bedbury, owners Conditions. The Permit is issued subject to the following conditions: 1. A Manure Management Plan must be approved by the city. 2. No more than two (2) agricultural animals shall be allowed on the property. 3. 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. 4. No on -site commercial activities such as breeding, boarding, or selling shall be permitted. 5. The shelter structure and area for feeding and water shall be located no less than 200' from any existing neighboring residence. 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. Page 172 of 372 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 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: June 17, 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 173 of 372 City of Elk - - River To Planning Commission Meeting Date May 28, 2024 Item Description Conditional Use Permit: Agricultural Animals on a Residential Lot, 20373 Vance St. NW - Katie Bedbury Request for Action Item Number 5.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by: Zack Carlton 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. A Manure Management Plan must be approved by the city. 2. No more than two (2) agricultural animal units shall be allowed on the property. 3. 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. 4. No on -site commercial activities such as breeding, boarding, or selling shall be permitted. Background/Discussion The property owner, Katie Bedbury, is requesting a Conditional Use Permit (CUP) to keep two agricultural animals (horses) in 1-1 '/2 acres of fenced pastureland. The property is 3.32 acres and is in the Single Family Residential (R I -a) zoning district. Approximately half of the property (east end) is covered with woods. Agricultural animals are permitted under Section 30-803 of the city code which limits the keeping of agricultural animals to one animal unit per acre of fenced pastureland. The applicant is requesting more than one horse per fenced acre of pastureland (2/ 1.5 acres). The total number of allowed animal units per acre may be increased, provided there is an approved manure management plan following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications. Such approval may be obtained through this CUP process. The applicant is requesting more than one horse per fenced acre of pastureland (2/ 1.5 acres), so a manure management plan is required, or they can expand the fenced area to 2 acres and forego the plan. The applicant stated manure will be removed 4 times per year and brought off site to a farm. The city's environmental staff will continue to review the plan and recommend the necessary changes. Section 30-803 also states that all agricultural animals shall be provided a shelter appropriately sized to accommodate the specific animal in a humane manner. The applicant is proposing a 144 sq.ft. (I 2'x 12') 3-sided The Elk River Vision A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperityI Irk 872 shelter with a roof. Public Comment Staff received a phone call from a resident that received the public hearing notice and stated they were fully supportive of the CUP request. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: I. 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 takes neighboring properties into account. 2. Will be consistent with the comprehensive plan. The property is guided Rural Residential, which includes areas outside the Urban Service Area that are not currently served by municipal sewer and water. Residential uses allow for Agricultural Animals, with some uses requiring a CUP, providing due process for public review and comment. The request is consistent with the Comprehensive Plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The area is fully developed as residential and as there are no vacant lots, the proposed use will not affect the surrounding area. Staff do not see a need to impose specific conditions to satisfy this standard. 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. Staff do not see a need to impose specific conditions to satisfy this standard. S. 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 by the Manure Management Plan and regular maintenance. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While horses will be utilizing the wooded area, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. There does not appear to be any wetlands on the property. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and Standards for Pageg1P73M872 the issuance of o 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. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments I. Location Map 2. Applicant's Narrative 3. Submitted Site Plan 4. Staff Site Plan PagegbH7 bf)872 11 05.12 5=0 0 5612 �-O 2 40; -rlw A -W vw Project Location Map Katie Bedbury Collc�tlonal Ulse penrn't Case No: CU 24-08 15'00484 PagegleMA)872 CU 24-08 Narrative I would like to fence in 1.5-2 acres of the back of our property for 2 horses. The fence line will allow approximately 2-5 ft from the neighboring properties. There will be a 3-sided shelter with a roof built for the horses within the pasture. Manure removal - Manure will be removed 4 times per year and brought to my in laws 20 acres that is farmed. Pagegle78HUb872 a 40 004- fit Pa@egt30a)6872 Bedbury Conditional Use Permit Page 181 of 372 Background ■ Requesting a CUP for two ag animals (horses) ■ Single Family Residential R-1 a ■ 3.32-acre parcel ■ CUP required for ag animals on lots less the 5-acre ■ Proposing 1 + acres of fenced pastureland ■ 2 horses on one acre require manure management plan ■ 3-sided 144 sq.ft. shelter with a roof Page 183 of 372 Staff Exhibit dated June 17, 2024 750051210230 r t: F� Tj a SHELTER N 1.06 ACRES ® WOW i i 4 Planning Commission ■ Discussed structure, manure, and feeding/water location ■ To limit negative effects on neighboring properties: ■ Recommended 200-foot setback from any existing residence Iwo -- Page 185 of 372 Public Comment ■ Phone call from a resident ■ Fully supportive of the CUP request ■ Property owner to south: ■ Concerns with dust & where manure/shelter will be located ■ What are the manure management guidelines? ■ Can the CUP be revoked? ■ City's environment staff and consultant working on plan ■ Guidance from Sherburne County's Solid Waste ■ Management Ordinance Violations of the approved conditions and/or applicable resu44n4he_C P being revoked A vow. Page 186 of 372 Planning Commission ■ The PC's analysis of the application shows compliance with all seven (7) of the standards required for approval of the CUP ■ The PC unanimously recommended approval Page 187 of 372 Action Requested ■ Approve, by motion, the CUP with the 8 conditions outlined in the memo to satisfy the standards outlined in Section 30-654 Page 188 of 372 Staff Exhibit dated June 17, 2024 Ow 7Z 7 ll2 In1 �s SHET '1 a -1.06 ACRES 75-00512-0 �'` 75-00512-0260 4