07-22-96 WSCITY COUNCIL
WORKSHOP
FEEDLOT ORDINANCE
JULY 23, 1996
6:30 PM
V
Mayor Freske called the Workshop Meeting to order at 6:34PM.
Roll Call: Mayor Norman F. Freske: Councilmembers: Ron Black, Larry Fournier,
Suzanne Ackerman, Vern Heidner
Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Elaine
Beatty, City Clerk/Zoning Administrator, Judy Hudson, Deputy Clerk.
Mr. Kirmis stated that since the last Workshop Meeting he has prepared a table comparing
maximum animal unit and setback requirement recommendations of both the Feedlot
Committee and the Planning Commission (attached). At the direction of the City Council
at the previous Workshop Meeting, Judy Hudson identified residences on a City Map.
Andy MacArthur recently attended a seminar on the Feedlot issue which was sponsored
by the Minnesota Association of Townships. At the seminar he came across the following
possibilities regarding regulations of feedlots:
1. Establishing a separate feedlot zone (such as A-3 Zone) within the City's zoning
ordinance. At this time the City would not designate any area of the City A-3.
The property owner would have to apply for a rezoning rather than a Conditional
Use permit as is required under the present ordinance structure.
2. Establishing minimum lot sizes relating to the number of animal units proposed
for a site. This should be based upon some relationship between the amount of
manure produced and the necessity of having a particular acreage to spread it
across. The lot size could also relate to a determination as to what distances are
needed to buffer the odor from the facility depending upon its size.
3. Establishing additional criteria for such a use, which could take into account the
amount of available area for spreading manure within the general area as a
prerequisite for approval of a feedlot.
CM Fournier asked if the Feedlot Zone has been tried. Mr. MacArthur didn't think it has.
CM Black stated he thought the Feedlot Zone would set a category of use the same as
industrial uses - that there are available different uses that are permitted within a zone.
CM Heidner discussed using a combination of the possibilities listed - stay within a certain
zone with minimum lot size. Mr. MacArthur said certain conditions could be established,
wording in ordinances would have to be changed related to Agricultural - whether it
would be a permitted use with defined conditions or if it would be a rezoning with a CUP.
City Council Workshop Meeting of July 23, 1996, cont'd. Page 2.
Mr. Kirmis sees advantages and disadvantages to each possibility.
If it was made a permitted use you could say use all your property for Ag Business, saying
this area in the City is an appropriate use - a permitted use provided all the conditions and
setbacks are met.
Hisadvantag
If this was applied, someone coming in to apply for a feedlot and get his Ag Business
zoned and then he get into the details of the project and all the setback standards he may
find he can't do what he wants. Typically a rezoning is asking if this land is an appropriate
use and not get into the details of the project, which comes with a CUP.
CM Heidner asked if there is the possibility of having a lot of A3 Zones within the City
with existing feedlots coming in to expand.
Mr. Kirmis said yes because they would be legal non -conforming uses and if they expand
they would need to be in compliance with current ordinance.
There was discussion on spot zoning.
Mayor Freske asked about expansion.
Mr. Kirmis said typically you aren't allowed to expand, only in accordance with the zone,
as in a commercial zone.
Mr. MacArthur expressed concern because in most areas where there are problems like
this and uses are changing you try to set it up where you aren't changing it every six
months. A certain percentage of expansion could be written in to be considered not to be
an expansion.
Bob said you could build something in the non -conforming use section.
Mayor Freske asked where would this zone be designated.
Bob said it would be included as part of the Land Use Plan.
John Holland stressed for setbacks to be established, which will then show how much land
is available and where the district could be located.
Bob suggested to work off the map Judy prepared.
CM Black suggested if the Council agrees that the A3 Zone is a good idea, then the next
step is to start talking about the rules and the setbacks. John Holland had submitted a
sliding scale, which could be used.
The Council discussed setbacks - minimum up front and for every animal unit an additional
one foot (for discussion purposes only)
Andy cautioned them about using this type of setback per animal relating that Goodhue
County did this (establishing additional setback per AU) and the Court didn't like it, saying
a rational number must be used.
Richard Nichols asked what happens to the existing operations who fall outside of a A3
Zone. What would the impact be to those outside of this zone and would you allow
expansion.
City Council Workshop Meeting of July 23, 1996, cont'd. Page 3.
CM Heidner thought they would be allowed to rezone which would be the spot zoning
mentioned previously. He also referred to the City Attorney's letter dated July 18, 1996
with a possibility that the City may want to consider a concept of establishing a separate
feedlot zone but at this time the City would not designate any area of the City A-3. The
owner would have to come in and apply.
There was further discussion on accommodating existing feedlots. Mr. MacArthur said
wording can be put into the ordinance regarding allowable expansion up to a certain
percent.
There was further reviewing of the Map pinpointing the residences in Otsego. The
Council questioned if there are any remote areas in the Otsego. They also took into
account the one per forty splits which are not noted on the map.
Mayor Freske asked staff to go over the next steps required.
Andy MacArthur said the City Council should give direction to the staff if they want to go
with the A3 Zoning and conceptually put something together.
Mayor Freske thought the setbacks should be looked at first.
Bob Kirmis said if its the intent of the City to accommodate this rezone there should be an
attempt made that the setbacks don't inhibit it.
The Council discussed the setbacks that have been recommended.
CM Black said to keep in mind the underlying land values wherever these can be located
and also water and sewer. Also if this type of intensive use is going to be allowed in
Otsego excluding normal typical growth from a normal typical operation.
There was discussion of Possibility #3, consideration of availability of spreading manure
for new feedlots. Also discussed was other ways of disposing and maybe this should be
further looked into.
Andy suggested to address the various setbacks and target an area, a graphics map is
needed. Bob agreed with this.
CM Heidner thought discussions should be on how much we will allow current ones to
expand and are there areas in the City that current ones can't be expanded at all.
Mark Berning's basic thoughts on expansion that the 2,000 foot setback is not practical
and would put a timetable on the life of the farm. He also said if the City wants to limit
expansion then they better decide on sewer and water as a viable option for farmers to
hook up to in the next five and ten years.
The Council agreed that setbacks need to be defined.
CM Black suggested to apply the feedlot regulations with the sliding scale that was
submitted as a starting point and use as a model.
Bob Kirmis suggested taking the maximum setback and do 3 sets of setbacks - 500,
1,000 and 1,500.
City Council Workshop of July 23, 1996, cont'd. Page 4.
It was decided to do this on a City Map, only in the rural service area and only from the
residences and also 1,500 foot setbacks from new boundary lines since there are a lot of
plats in Frankfort. This should be coordinated with the City Engineer.
The next workshop was set for August 13, 1996 at 6:30 PM.
CM Fournier motioned to adjourn. CM Black seconded. All in favor. Motion
carried.
Meeting adjourned at 7:56 PM.
Mayor Norman F. Freske
Attest: Elaine Beatty, City Clerk/Zoning Administrator
Recorded by: Judy Hudson, Deputy Clerk