Minutes of the Monday, May 13, 2013

MINUTES OF THE MONDAY, MAY 13, 2013

PLANNING COMMISSION HEARING - 7:00 PM

The Kandiyohi County Planning Commission met on Monday, May 13, 2013 at 7:00 PM in the Commissioners Room at the Kandiyohi County Health & Human Services Building located at 2200 23rd St NE, Willmar, Minnesota. Members present were John Dean, Doug Hanson, John Hauge, Gwynne Anderson, and Harlan Madsen. Also present was Zoning Administrator, Gary Geer, and Assistant Zoning Administrator, Eric Van Dyken.

Chair Dean opened the meeting at 7:00 p.m.

Minutes of the previous hearing were approved as mailed.

A hearing was held on the application of Braum Elton, NE ¼ of NE ¼, Section 23, Township 119, Range 33, Gennessee Township. (19105 15th Ave SE) Applicant requests mining and processing of sand, gravel, rock & other earthen materials including crushing, screening, washing, excavating, and other operations involved with the removal of such material in an A-1 Agricultural Preservation District. Hours being 6AM – 8PM Monday – Saturday. Larry Knutson was present representing Concorde Bank, a neighboring landowner. Knutson confirmed with the commission that the hearing was for a permit to allow a continuation of the mining presently occurring on the site. Dean stated that there was nothing out of place in the operation at the time of viewing. Madsen noted that the operation has complied with requirements to this point, and noted that there is maybe about half of the gravel left to harvest. Motion by Madsen, second by Hanson to recommend approval of the request with the following findings and conditions as presented by staff:

Conditions

1.Hours of operation shall be limited to 6:00AM through 8:00PM Mon-Sat.

2.The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project.

3.The applicant shall observe all setback regulations as contained in Chapter 32, section 32-5-6 of the Kandiyohi County Zoning Regulations.

This conditional use permit shall be valid for 10 years from the date of issuance.
Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance will all conditions of this permit and Zoning Ordinance Performance Standards.
Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator’s phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located such that it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.
This conditional use permit shall authorize the extraction, processing, and storage of sand, gravel, & rock, and the storage and processing of recycled concrete and asphalt.

8.The owner and/or operator shall be responsible for maintenance and restoration of all county and township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant’s use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicant’s expense, to the satisfaction of the County Engineer.

9.The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator.

Findings

2.The Planning Commission finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. The Commission notes that the surrounding area is predominantly other gravel pits, and agricultural land.

3.The Planning Commission finds that adequate utilities, access roads, drainage, off-street parking, and other necessary facilities have been or will be provided. The Commission notes that the site will not require facilities or infrastructure above normal levels for the area.

4.The Planning Commission finds that adequate measures have been or will be taken to minimize or control offensive odor, fumes, dust, noise, and vibrations, so that none of these will constitute a nuisance, and to control lighted signs, and other lights in such a manner that no disturbance to neighboring properties will result.

5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-1 district under Zoning Ordinance Chapter 5, Section 5-4 entitled “conditional uses”.

6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan identifies in Chapter 7 Goal 4 that the County should make land use decisions that help protect aggregate resources and mining activities with an emphasis on minimizing or avoiding potential residential and environmental conflicts.

7.The Planning Commission finds that the proposed use has the ability to meet the standards of the Zoning Ordinance. The Commission notes that zoning staff review of the proposal found no violations of the Zoning Ordinance. The Commission notes that the proposed site can adequately serve the needs of the proposed use.

8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit. The Planning Commission also notes that no potential for significant environmental effects were found through the completion of the Environmental Assessment Worksheet.

The Planning Commission unanimously recommends the Board of Commissioners approve the request with the conditions and findings as stated herein. Motion carried.

A hearing was held on the application of Punt Companies LLC, Part of the SW ¼ of the SW ¼, Section 13, Township 117, Range36,Holland Township. (7360 195th Ave SW) Applicant requests an agricultural machine shop and a transport dispatch office an A-1 Agricultural Preservation District. This parcel is the former location of Marcus Construction. Hubert Wieberdink, Holland Township Supervisor, was present and stated that the township would like to see the taxes on the property remain commercial. Madsen noted that the taxes will likely stay commercial based on assessing the use and not necessarily based on zoning. Madsen noted that the property will still be zoned agricultural. Geer read the staff report and recommended approval. Madsen asked the Punts if they have seen the suggested conditions. Geer read the proposed conditions. Motion by Hanson, second by Anderson to recommend approval of the request with the following findings and conditions as presented by staff:

Conditions

Proposed signage shall meet Zoning Ordinance standards and shall be reviewed and approved by the Zoning Administrator prior to installation.

No storage of items on road right of way.

No unlicensed vehicles or trailers to be stored on site.

No storage of any items that are in a state of disrepair, i.e. not useable.

Findings

2.The Planning Commission finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. The Commission notes that the immediate surrounding area is predominantly residential and mixed commercial.

The Planning Commission finds that adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibrations, so that none of these will constitute a nuisance, and to control lighted signs, and other lights in such a manner that no disturbance to neighboring properties will result. The Commission notes that the lights, noise, dust, odors, fumes, and vibrations associated with the proposed business use will be minimal or non-existent.

5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-1 zoning district under Zoning Ordinance Chapter 5, Section 5-4 entitled “conditional uses”.

6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan identifies in Chapter 7 Goal 3 that the County should encourage the expansion, continuation and development of business.

The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit.

The Planning Commission unanimously recommends the County Board of Commissioners approve the request with the conditions and findings as stated herein. Motion Carried.

A hearing was held on the application of Youngren Dairy Farms Inc, NW ¼ and the NW ¼ of the SW ¼, Section 9, Township120, Range 36, Mamre Township. (10121 120th St NW). Applicant proposes expansion of a feedlot in an A-1 Agricultural Preservation District. Current dairy operation of mature dairy cattle, heifers, calves, feeder cattle & beef calves of 510.5 animal units to 997 animal units, consisting of mature dairy cattle, heifers, calves, feeder cattle & beef calves. Proposes to construct a total confinement barn and an earthen lagoon. This feedlot currently consists of partial and total confinement barns, open lots, an earthen lagoon, and manure packs on floors. Upon completion this feedlot will have total and partial confinement barns, open lots, earthen lagoons and manure packs on floors. Animal waste will be land spread in accordance to manure management plan. Dean Youngren was present representing the applicants and explained their proposal. Youngren noted that they desire to replace old buildings and upgrade manure handling. Geer read the staff report and recommended approval. Hauge commented that the Youngrens run a good operation. Motion by Hauge, second by Madsen to recommend approval of the request with the following findings and conditions as presented by staff:

Conditions

1. Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.

2.The owner shall follow all MPCA requirements regarding proper manure management planning, manure application, and record keeping.

3.All applications of liquid manure shall be injected or incorporated into the soil within thirty seconds of application unless applied on forage crops during the growing season.

Findings

1.The Planning Commission finds that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish or impair property values within the immediate vicinity. The Planning Commission bases this finding on the information and testimony submitted by the applicant concerning the nature of the operation, and the written review of the County Feedlot Officer. The Planning Commission finds that there has been no testimony or evidence entered into the record that leads them to conclude there will be a significant impact on property enjoyment or valuation.

2.The Planning Commission finds that establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding vacant land for uses predominant in the area. The Planning Commission bases this finding on the fact that the surrounding vacant land is agricultural in nature and the feedlot will not impede continuing agricultural uses.

3.The Planning Commission finds that adequate utilities, access roads drainage, off street parking and loading space and other necessary facilities have been provided or will be provided. The Planning Commission notes that the site is open in nature and has more than adequate space to serve the parking and loading needs of the use without impacting traffic or safety.

4.The Planning Commission finds that adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The Planning Commission notes that the dust, noise, and lights associated with the use will not be unlike normally encountered in agricultural areas for uses allowed in agricultural areas, and therefore cannot be considered to constitute a nuisance or disturbance. The Planning Commission notes that the proposed feedlot meets the required setback from neighboring residences. The Planning Commission notes that nothing in the letter from the County Feedlot Officer indicates a concern that the feedlot will not be able to meet state nuisance or hydrogen sulfide standards. The Planning Commission asserts that no studies or evidential statements were introduced into the record that lead them to believe that the proposed use will by its very nature constitute a nuisance.

6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan is supportive of agriculture as an important part of the county’s economic makeup. The Comprehensive Plan states that land in the A-1 (Agricultural Preservation) District “needs to be preserved and protected for agricultural activities (including high-intensity livestock production) from completing non-agricultural uses” (ref. Chapter 3, Page 1). The Comprehensive Plan also states “agricultural activities are an important part of Kandiyohi County’s economy” (ref. Chapter 6, Page 4) and “feedlots are a necessary and important component to the agriculture economy” (ref. Chapter 6, Page 10).

8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit. The Commission notes that the letter of review from the County Feedlot Officer identifies no environmental hazards. The Commission also notes that the framework of Federal, State, and County regulations for feedlots provides comprehensive environmental protection.

The Planning Commission unanimously recommends the County Board of Commissioners approve the request with the conditions and findings as stated herein. Motion carried.

There being no further business, meeting adjourned at 7:15 p.m.