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6.16. SR 09-16-19966o16o 'ity of 'ver MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor & City Council Scott Harlicker, Planning Assistant September 16, 1996 City of Elk River Request for Ordinance Amendment Related to Agri-Business, Public Hearing Case No. OA 96-9 Issue Consider a request by the City of Elk River to amend Section 900.08 and Section 900.12 of the City Ordinance to include a definition for Animal, Nutrition and Agricultural Research and include it as a conditional use in the Rla and A1 zoning districts. Overview Staff has been working on creating a definition that accurately describes the type of operation that Cargill is running at their animal nutrition center and in what zoning districts would that type of use be most appropriately allowed. This issue was initially presented to the Council in July and continued at the August meeting. Attached is a copy of the July 15, 1996 memo to the City Council which outlines staffs position regarding this issue as well as the Planning Commission's. Cargill's facility has been issued a conditional use permit to operate as a feedlot. Feedlots are allowed in the A1 and Rla zones as a conditional use. The zones in which Cargill will be allowed to locate or expand their facility will not be changed as a result of this proposed amendment. Under the proposed amendment, animal, nutrition and agricultural research will be allowed as a conditional use in the same zones, A1 and Rla, as feedlots. Therefore, ff this amendment is adopted, Cargill's operation will be allowed in the same zones as it is currently allowed; the only aspect that will be changed is that it's facility will be classified as an animal, nutrition and agricultural research facility instead of a feedlot. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/OA 96-9 September 16, 1996 Page 2 Recommendation It is recommended that the City Council approve the attached Ordinance No. 96-~ creating a definition for animal, nutrition and agricultural research and including it as a conditional use in the A1 and Rla zoning districts. s:\planning\scott\oa96-9a.doc ORDINANCE 96- CITY OF ELK RIVER AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO DEFINITIONS AND CONDITIONAL USES IN THE A1 AND RIA ZONING DISTRICTS CASE NO. OA 96-9 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.08 of the City of Elk River Code of Ordinances titled, "Definitions" is hereby amended to read as follows: Animal, Nutrition, and Agricultural Research: Buildings, laboratories, and other facilities or structures which are used in connection with animal, nutrition, or other agricultural research and development, investigation, testing, adaptation, or experimentation, but not facilities for the commercial manufacture or sale of products, except those which are used in research operations, with respect to which research activities have been completed or which are part of research and development programs; the facilities also can include animal feeding facilities; barns, storage buildings, confinement areas, or other animal housing units; pasture and grazing areas; cropped or tilled fields; grain and feed processing, storage or manufacturing facilities; nursery areas; and waste management facilities or systems. Section 2. Section 900.12(4), Section 900.12(5) and Section 900.12(14) of the City of Elk River Code of Ordinances titled, "Permitted, Accessory, and Conditional Uses" are hereby amended to read as follows: A-1 Agricultural Conservation c. Conditional Uses amended to add xvi. Nutrition, Animal, and Agricultural Research R-la Single Family Rural Residential c. Conditional Uses amended to add xiii. Nutrition, Animal, and Agricultural Research in R-la. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this the City of Elk River. day of · 1996, by the City Council of ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:\document\ordinanc\oa96-9.doc 'ity of FROM: DATE: SUBJECT: MEMORANDUM Mayor & City Council Scott Harlicker, Planning Assistant July 15, 1996 Request for Ordinance Amendment by the City of Elk River to Establish New Use Entitled "Animal, Nutrition, and Agricultural Research", Public Hearing Case No. OA 96-9 Issue Consider a request by the City of Elk River to amend Section 900.08 and Section 900.12 of the City Ordinance to include a definition for Animal, Nutrition and Agricultural Research and include it as a conditional use in the Rla and A1 zoning districts. Attachments Ordinance No. 96- Report to Planning Commission dated June 25, 1996 Background In May 1995, a conditional use permit was granted to Cargill for their animal nutrition center. The conditional use permit was for a feedlot and was issued for their existing facility on the south side of 165th Avenue and the proposed expansion of that facility. At the time it was felt that their facility best fit the definition of a feed lot which is defined as, "A confined area used for housing or feeding poultry or livestock where substantial amounts of animal waste will be generated, but not including barns or pens which are necessary uses incidental to a farming operation." This definition, it turns out, does not accurately describe the operations of Cargill's facility. To classify the nutrition center as a feedlot is misleading. One aspect of the operation fits the zoning code definition of a feedlot, but the 13065 Orono Parkway ° P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 ° Fax: (612) 441-7425 nutrition center is primarily a research center for the development of improved animal nutrition. The traditional view of a feedlot is an outdoor area that is used for the fattening of livestock before they are sent to market. The animals at the nutrition center are housed in controlled environments, not kept in open pens. The animals are intended to be used for nutrition research not fattened for market. The animals are studied regarding weight gain and growth in relation to the type of feed used. Milk production is analyzed in order to determine the relationship between milk production and type of feed used. Specific breeds of animals are used so that variables can be controlled; many of the animals remain at the center for several breeding cycles, some animals remain for years. Along with research in animal nutrition, the center conducts ongoing research in the preservation of feed and silage, development of new types of feed and laboratory analysis. There has been some discussion about the nature of the operations that occur at the nutrition center and whether it is typical of uses found in a light industrial zone. It is staffs belief that the Cargill Animal Nutrition Center is an agricultural research and product development facility. Within the scope of research and development, it is staffs opinion that the facility's operation has more characteristics that are agricultural in nature than industrial. If the proposed animal, nutrition and agricultural research use is not included as an allowed use in the I1 zone, Cargill would still be able to develop their industrial zoned property for activities such as offices and laboratories but would not be able to expand the livestock and agricultural related activities on the industrial zoned land. The existing livestock and agricultural related activities that are located on property that is zoned I1 could be continued as a pre-existing non-conforming use. Planning Commission Meeting At the Planning Commission meeting held on June 25, 1996 the discussion centered on the appropriateness of having animal, nutrition and agricultural research as a conditional use in the industrial zones. Representatives for Cargill made the case that because this definition is tailored to Cargill's animal nutrition center facility there is very little likelyhood that another business could develop industrial land under this proposed definition. They also felt that since approximately 250 acres of their total 980 acres is zoned I1, this would address Cargilrs concerns regarding not being able to utilize that property for expansion of their facility. Members of the Planning Commission noted that they were uncomfortable with the idea that certain activities associated with the nutrition center would be non-conforming if the animal, nutrition and agricultural research use was not listed as an allowed use in the I1 zone. The Commission also discussed the appropriateness of allowing agricultural uses in an industrial zone and the potential for developers and businesses to utilize a portion of the new nutrition, animal and agricultural research definition to locate other agricultural uses on industrial zoned property in other areas of the city. Recommendation The Planning Commission recommended approval of the attached ordinance creating the following definition for animal, nutrition and agricultural research to be included as a conditional use in the Rla, Al, and the I1 zoning districts. Animal, Nutrition and Agricultural Research Buildings, laboratories and other facilities or structures which are used in connection with animal, nutrition or other agricultural research and development, investigation, testing, adaptation or experimentation, but not facilities for the commercial manufacture or sale of products, except those which are used in research operations, with respect to which research activities have been completed or which are part of research and development programs; the facilities also can include animal feeding facilities; barns, storage buildings, confinement areas, or other animal housing units; pasture and grazing areas; cropped or tilled fields; grain and feed processing, storage or manufacturing facilities; nursery areas; and waste management facilities or systems. Staff concurs with the Planning Commission's recommendation with the exception of including "animal, nutrition and agricultural research" as a conditional use in the I1 zone. Staff believes that this use, even though it involves research and development, is principally an agricultural use not industrial in nature and should not be included as a conditional use in the industrial zones. The underlying decision here seems to be whether to allow agricultural uses in industrial zones. If the decision is to allow agricultural uses in industrial zones, then consideration should be given to including the use "animal, nutrition and animal research" as a conditional use. If the Council does not desire to have agricultural uses in industrial zones, then the use should be limited to the R-la and A-1 zoning districts.