Minutes of the Monday, March 10, 2014

MINUTES OF THE MONDAY, MARCH 10, 2014

PLANNING COMMISSION HEARING – 7:00 PM

The Kandiyohi County Planning Commission met on Monday, March 10, 2014 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 Doug Hanson, Ronald Peterson, John Hauge, and Harlan Madsen. Also present was Zoning Administrator Gary Geer and Assistant Zoning Administrator Eric Van Dyken.

Vice-Chair Hanson opened the meeting at 7:00 PM.

Minutes of the previous meeting were approved as mailed.

A hearing was held on the proposed AMENDMENT / RE-ZONE- Haug Properties LLC: Part of Lots 2, 3, 4, 5, and 6 ofTallakson’sOutlots & part of W ½ of SE ¼, Section 7, Township 119, Range 34, Kandiyohi Township. Hwy 12 E Requests to re-zone from A-1 Agricultural Preservation District to CI Commercial/Industrial District. Paul Haug was present representing Haug Properties. Haug explained the rezone request and presented a map illustrating the area. Peterson asked how many acres are included in the request. Haug responded by noting that the area of land is just under 100 acres. Peterson asked how many acres have typically been rezoned at one time in the past. Madsen noted that there really is no guideline or precedent for the number of acres that is rezoned, but rather it varies based on what the applicant has in mind. Dan Kleven, Kandiyohi Township Supervisor, was present and noted that sometimes in the past rezoning and commercial development has been piecemeal and did not represent good planning. Kleven stated that the Township feels as though this request is well thought out and fits as a commercial site in the area. Kleven further noted that the proximity to Willmar makes the site appropriate and that he feels the proposal makes for good land use. Peterson asked Kleven if the Township is concerned about the Township road on the north side of the land to be rezoned. Kleven responded by noting that the road in question is a part of old highway 12 and that the Township is not pleased with the condition of the road and that it is difficult to maintain. Kleven further stated that he does not anticipate the road being used for this development. Gene Platt, neighboring landowner, stated that he supports the request. Geer noted that currently there is 500 feet in depth that is commercial (along Hwy 12). Geer read the staff proposed findings from the comprehensive plan and recommended approval. Geer made note of a letter in the file from the City of Willmar. Hauge stated that he believes the request fits with the area. Motion by Hauge, second by Peterson to recommend approval of the request based on the following findings as presented by staff:

The Planning Commission finds that the proposed rezone is in harmony with the goals and objectives of the Comprehensive Plan as illustrated by the following references.

Chapter 6, Pg 9 “Land Use Planning” - The Commission notes that the Comprehensive Plan is supportive of development to occur in urban growth areas, which can facilitate the process for promoting orderly growth.
Chapter 7, Goal 8 Objective A Guideline 7 - Commercial and industrial growth or expansion occur near existing commercial and industrial areas…
Chapter 6, pg 4 “Economic Development”, Commercial and industrial development should be encouraged to locate in areas that are currently, or will be serviced by public infrastructure. Also - Commercial development along highway corridors, especially in areas that are currently established as commercial developments, can provide for orderly growth patterns and minimize the chance for incompatible land uses.

Madsen noted that the proposed action is appropriate and represents good planning in part because it is within the urban growth boundary of Willmar. The Planning Commission unanimously recommends that the County Board approve the Amendment/Rezone request. Motion carried.

A hearing was held on the application of Jeremy, Cory & James Hebrink:Part of NW ¼ of NE ¼, Section 33, Township 117, Range 36, Holland Township. (10939 225th Ave SW) Request a Conditional Use Permit for a feedlot containing 970 animal units in an A-1 Agricultural Preservation District. Propose to construct 2 nursery barns (102x196) with a capacity of 2500 head each and 1 finishing barn (102x196) with a capacity of 2400 head. Each barn will have 10’ under floor concrete pits. Jeremy Hebrink was present to explain the proposal. Hebrink noted that their home farm is 2 miles away. Hebrink stated that the family owns 1000 acres in the surrounding area which will be used for manure application. Hebrink stated that he represents the fourth generation on the family farm that that as a family they are in farming for the long term. Hebrink presented a map and explained the proposed building layout, noting that the building site is 12 acres. Peterson asked if the road authority has cleared the proposal. Hebrink responded by noting that access to the site will be by Co Rd 75 and Co Rd 1. Robert Halvorson stated that he lives to the west of the proposed site and is opposed to the proposal because his property is for sale. Halvorson stated that heis concerned about the effect of the barns on the marketability and on the value of his property. Jay Mork noted that he owned the building site for years and recently sold it to the Hebrinks. Mork stated that there have been hogs on this site for many years until 2 years ago. Mork stated that he is in favor of the proposal and noted that proposals such as this one keep young people in the community. Geer noted that the County Feedlot Officer has been to the site and is working with the applicants on a permit to meet state rule requirements. Geer noted that the proposal is similar in size to other requests and that it meets the standards of the ordinance, including the quarter mile setback requirement from area residences. Geer read the proposed conditions. Motion by Madsen, second by Hauge to recommend approvalof the request with the following conditions and findings as presented by staff:

Conditions

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.

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

All applications of liquid manure shall be injected or incorporated into the soil within thirty seconds of application.

Findings

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.

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.

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.

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.

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”.

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 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).

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 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 approve the request with conditions as stated herein. Motion carried.

In other business possible zoning ordinance amendments were noted by Geer. He would like to present proposed new accessory building height limitations for each zoning district. Geer explained that when the building height definition was changed recently, the unintended effect was that peak heights were made to be more limiting that desirable. Madsen concurred that the intent of the previous definition change was not to be more limiting on accessory building heights. Motion by Madsen, second by Peterson to authorize the Zoning Administrator to set a public hearing to consider the proposed height changes and to draft language to be presented and considered at that time. Motion carried.

There being no further business, meeting adjourned at 7:30 PM.