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04-03-96 PCNorthwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Otsego Planning Commission Bob Kirmis/David Licht 7 March 1996 Otsego - Bulow Estates 2nd Addition: Rezoning and Preliminary Plat 176.02 - 96.03 Chris and Linda Bulow have requested approval of a 29 lot single family residential subdivision entitled Bulow Estates 2nd Addition. The proposed subdivision overlays a 36 acre tract of land located south of County Road 39 and east of Nashua Avenue. More specifically, the subject property overlays that portion of the Original Townsite Plat between the Bulow Estates First Addition and Great River Acres 2nd Addition subdivision. The subject property is currently zoned A-1, Agricultural Rural Service and lies partially within the Wild and Scenic River District. To accommodate the development proposal, the following approvals have been deemed necessary: Vacation of the Original Township streets which underlie the subject property. 2. Rezoning of the subject property from A-1, Agricultural Rural Service District to a PUD, Planned Unit Development designation. 3. Replat/subdivision of the property (preliminary plat being considered at this time). 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595-9636•Fax. 595-9837 Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Preliminary Plat Exhibit D - Preliminary Grading and Drainage Plan Recommendation Based on the following review, it is the opinion of our office that the requested PUD zoning of the property is the most effective means of dealing with the property's existing development rights, while maintaining the integrity of the City's Comprehensive Plan. Although our office believes that justification does exist to approve the requested rezoning, such requests are considered matters of City policy to be determined by City officials. Should the City find the PUD rezoning of the property to be appropriate, our office would recommend approval of the Bulow Estates 2nd Addition preliminary plat subject to the following conditions: 1. As a condition of final plat approval, the City vacate those streets which currently underlie the subject property. 2. City officials endorse one of the following options in regard to wild and scenic lot size requirements: a. Approve the proposed one acre lot sizes with the justification that such lot sizes lessen an existing nonconforming lot size situation and that subdivision approval would result in improved stormwater management. b. Require all lots within the Wild and Scenic District to conform to the 2.5 minimum lot area requirement. C. Approve the subdivision under condition that the property be removed from the Wild and Scenic District. 3. The applicant demonstrate a manner in which the lots could possibly be resubdivided in the future (upon the advent of public sewer service). 4. All streets are named in accordance with the City's street naming plan. 2 5. City officials determine the need to provide interior street access to Lot 2, Block 1 and Lot 3, Block 2 of the adjacent Bulow Estates First Addition. If such access is to be required, the subdivision's street design should be reconfigured accordingly. 6. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 7. The driveway upon Lot 17, Block 3 is located proximate to the lot's southern boundary. 8. Park and trail dedication requirements, as determined by the Park and Recreation Committee, are satisfactorily met. 9. The City Engineer provide comment/recommendation in regard to street lighting requirements. 10. The City Engineer provide comment/recommendation in regard to water supply and sewage disposal issues. 11. The applicant enter into a development agreement with the City and post all the necessary securities required by it. 12. Comments from other City staff. ISSUES ANALYSIS Rezoning PUD Zoning Designation. To accommodate the applicant's development request and avoid the creation of a non -conformity (density), a rezoning of the subject property is necessary. The proposed development involves a number of unique features which essentially make the application of a standard R-3 zoning designation (one acre lot size) inappropriate. These features include: 1. The exclusion of the property from the City's Immediate Urban Service Area. To accommodate an R-3 zoning, a Comprehensive Plan amendment to adjust the Urban Service Area boundary would be necessary. The Immediate Urban Service Area, among other things, is intended to identify areas which are within a sanitary sewer service area. A westward expansion of the Immediate Urban Service Area is, at this time, not considered appropriate. 3 2. Existence of development rights to existing Original Townsite lots which have improved public street frontage. 3. The desire to make development upon the subject property consistent with long term planning objectives of the area. 4. A standard residential zoning designation (i.e., R-3) may set a poor precedent in regard to future development proposals in the area. 5. A conflict with the City's Land Use Plan (the plan proposes 4 per 40 density upon the subject property). Recognizing the uniqueness of the applicant's requests, a rezoning of the subject property to a planned unit development (PUD) designation has been proposed. Such designation may accommodate the proposed residential density. Rezoning Judgement Criteria. According to Section 20-4-2.F of the Zoning Ordinance, the City Council and Planning Commission shall consider possible adverse effects of the proposed amendment. Judgement must be based upon (but not limited to) the following factors: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The subject property lies within the City's long range urban service area in which a residential density of four dwelling units per forty acres of land is recommended. While the proposed residential density is not, at this time, consistent with such recommendation, the possible development rights currently afforded the subject property and the issue of precedent cannot be ignored and must be dealt with. Specific Comprehensive Plan policies which tend to support the subject request are as follows: Establish and maintain an advantageous property tax situation and pursue a strengthened and sound tax base. All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the community as a whole. Once established, geographic land use designations and related zoning classifications shall be changed only when it is in the best interest of the 0 community on a long term perspective and such changes will promote land use compatibility and pre -determined goals and policies of the Comprehensive Plan. Immediate, short range market potential and demands for activities which are not suggested for a site or area by the Comprehensive Plan or allowed by the Zoning Ordinance shall not be the sole justification for a change in activity. Also to be noted is that the subject site is bounded on three sides by development. Thus, the proposed subdivision of the site constitutes "infill" development which is encouraged by the plan. 2. The proposed use's compatibility with present and future land uses of the area. The City's Land Use Plan suggests long term low density residential use of the subject property. Thus, the proposed development is compatible with intended future land uses in the area. While the plan's immediate directive of a maximum four per forty density is not being achieved, numerous single family residential uses do exist in the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Generally speaking, all lots within the proposed subdivision will be required to meet or exceed the standards imposed upon typical one acre lot single family subdivisions. 4. The proposed use's effect upon the area in which it is proposed. Provided various conditions of subdivision approval are upheld, the proposed use will not adversely impact the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. The proposed use is not anticipated to negatively impact area property values. 6 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. The proposed subdivision is to be served from the north via the County Road 39 frontage road and from the west via 94th Street. Traffic generated by the proposed subdivision (29 lots) is within the capabilities of streets serving the subject property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, utilities, and its potential to overburden the City's service capacity. Recognizing the possible development rights due the subject property (as part of the Original Townsite Plan) and the issue of development precedent, a PUD zoning designation has been requested. Such zoning will allow the applicant to develop the property but only in a manner outlined within a PUD development agreement. Via compliance with such provisions, an assurance will be made that the proposed use will not overburden the City's service capacity. Street Vacation To accommodate the proposed subdivision (replat), the formal vacation of street rights-of- way which underlie the subject property will be necessary. Specifically, portions of 5th, 7th, 8th, and A, B, and C Streets will need to be vacated. The vacation of such streets is considered positive as they establish questionable development rights and create parcels of land which are inconsistent with current design standards. Subdivision Lot SizeiVNild and Scenic Provisions. While the PUD zoning application does allow for some degree of lot size flexibility, it is staffs contention that lots within the subject subdivision be of such a size sufficient to safely accommodate private sewage treatment. In this regard a minimum one acre lot size requirement is considered appropriate. As shown on Exhibit B, the northern ± 220 feet of the subject property lies within the Wild and Scenic River District (sub -District C). The wild and scenic provisions establish a minimum lot size of 2.5 acres. While our office strongly questions the rationale for including the subject property in the Wild and Scenic District and the resulting imposition of a 2.5 acre lot size requirement, the wild and scenic provisions must be recognized. In discussing this matter with Mr. Dan Lais of the Minnesota Department of Natural Resources (DNR), it has been suggested that those lots which lie within the Wild and Scenic District be increased to 2.5 acres in size. Alternatively, Mr. Lais indicated that the applicant could petition the DNR for removal of the subject property from the Wild and Scenic District. In consideration of the wild and scenic lot size requirement, City officials should endorse one of the following: Option 1 Approve the proposed one acre lot size with the justification that such lot size would lessen existing nonconforming lot sizes and that subdivision approval would result in improved stormwater management. Currently, lots within the original townsite blocks measure 10,725 square feet in area and are provided widths of 65 feet. Option 2 Require all lots within the Wild and Scenic District to be not less than 2.5 acres in size. Such design modification would likely result in the loss of three lots. Option 3 Approve the subdivision (and 1 acre lot sizes) under condition that the property be removed from the Wild and Scenic District. In the interim, land area within the Wild and Scenic District could either be platted as larger lots (subject to future splitting) or as outlots. The City Attorney has indicated that Option 1 as presented above, could be justified by the City in consideration of the following: 1. Substandard Lots. According to Section 20-74-4 of the Zoning Ordinance (wild and scenic provisions), any lot of record filed in the Office of the Wright County Recorder on or before the effective day of enactment of this Ordinance, which does not meet the dimensional requirements of this Chapter may be allowed as a building site subject to the following: a. Such use is permitted in the land use district(s). b. The lot was in separate ownership on the date of enactment of this Ordinance. VA 2 C. All sewage disposal requirements are complied with and lot requirements are complied with to the greatest extent practical. d. The lot is at least twenty thousand (20,000) square feet in area. e. If in a group of two or more contiguous lots under a single ownership any individual lot does not meet the lot width requirements of the local ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of the local ordinance, or to the greatest extent practical. In consideration of the lot size, Mr. Lais has indicated that because the substandard lots in question are under common ownership, the minimum 2.5 lot acre requirement should be upheld. To be noted in Item a above, however, is that the combination of lots is required to meet only the lot width requirements of the Wild and Scenic District (150 feet) and not area requirements. Inconsistent Plats. Section 20-74-19 of the wild and scenic provisions relating to inconsistent plats states the following: Approval of a plat which is inconsistent with this section is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics. While proposed lots within the Wild and Scenic District are acknowledged to be less than 2.5 acres in size, it is contended that approval of the proposed plat will, through the approval of grading and drainage plans and acquisition of storm water impact fees result in storm water drainage benefit not only to the site in question, but the region as well. Lot Width. All lots have been found to meet or exceed 150 feet in width (applicable R-3 District standard). Setbacks. All lots demonstrate an ability to satisfy the following R-3 District setback requirements. Required Setback Front Yard 35 feet Side Yard - Corner* 35 feet Side Yard - Interior 15 feet Rear Yard 20 feet " 65 foot side yard setback imposed upon Lot 17, Block 3 due to County road adjacency. Resubdivision. According to Section 21-6.2E of the Subdivision Ordinance, where structures are to be on large or excessively deep lots which are subject to potential replat, the preliminary plat must indicate a logical way the lots could possibly be resubdivided in the future. While the proposed lots provide ample width for potential resubdivision, a specific resubdivision plan should be superimposed on the preliminary plat. Streets. Riot -of -Way Requirements. In accordance with City Subdivision Ordinance requirements, a 60 foot street right-of-way has been provided. Cul -de -Sac. As shown on Exhibit C, a cul-de-sac has been proposed to provide access to 7 lots within the subdivision. At ± 420 feet in length such cul-de-sac complies with the maximum 500 foot requirement stipulated within the Subdivision Ordinance. Street Names. As a condition of subdivision approval, all streets must be named in accordance with the City's street naming plan. Service Road. As shown on Exhibit C, the subject property is to be accessed from the north via a western extension of the County Road 39 service road. This issue should be subject to further comment by the City Engineer and Wright County Highway Department. Great River Acres. In what is considered a positive design feature, the subdivision's interior street has been located so as to have the ability to access abutting lots within the Great River Acres Subdivision. With such lots measuring ±3.5 acres in size and having depths of approximately 600 feet, they must be considered conducive to resubdivision. The developer will be held responsible for costs associated with construction of all streets within the subdivision including that segment which abuts the Great River Acres Subdivision. Bulow Estates First Addition. Within the Bulow Estates (First Addition) Development Agreement, the following condition is imposed: Lot 2, Block 1 and Lot 3, Block 2 shall be allowed direct lot access to Nashua Avenue only on an interim basis. At such time as easterly development occurs and an alterative easterly street access is available, access to the said lots from Nashua Avenue shall be prohibited. 9 While the 2nd Addition constitutes "easterly development", the proposed street design does not provide for interior access to the said lots. To provide such interior access to Lots 2 and 3, the subdivision's street "loop" could possibly be shifted + 300 feet to the west. Such design modification would, however, remove possible resubdivision opportunities provided to Great River Acres. In consideration of this matter, it is not believed that a street configuration which provides both resubdivision opportunities to Great River Acres and access to said Lots 2 and 3 is feasible due to the subject site's dimensions. This issue should be subject to further discussion by City officials. Easements. According to Section 21-7-15 of the Subdivision Ordinance, drainage and utility easements, a minimum of 10 feet in width must be centered on rear other lot lines. The acceptability of proposed drainage and utility easement should be subject to review and approval by the City Engineer. Park and Trail Dedication. Specific park and trail dedication requirements should be subject to specific recommendation by the Parks and Recreation Advisory Committee. Driveways. To ensure safe and efficient movement of traffic within the subdivision, the driveway upon Lot 17, Block 3 should be located proximate to its southern boundary. Street Lighting. For safety (and security) purposes, some consideration should be given as to the need for street lights within the subdivision. According to the City's adopted street lighting policies, any new residential development must have a street lighting plan prepared by a developer and submitted as part of the development plan. Exceptions to this submission requirement may be allowed at the Council's direction. This item and the specific need for a street light should be subject to specific recommendation by the City Engineer. Water Supply/Sewage Disposal. According to the City's Subdivision Ordinance, preliminary plat submissions must identify/illustrate the location and size of both water supply and sewage disposal systems. As a condition of preliminary plat approval, proposed well and drain field locations should be illustrated. This issue should be subject to further comment by the City Engineer. Development Agreement. As a condition of ultimate final plat approval, the developer must enter into a development agreement with the City and post all necessary securities required. 10 CONCLUSION In consideration of possible development rights due the subject property and the property's exclusion from the Immediate Urban Service Area, the application of a PUD zoning designation upon the property is considered the most effective means of achieving the City's development objectives in the area while maintaining the integrity of the City's Comprehensive Plan. Rezonings are, however, matters of City policy to be determined by City officials. Should the City approve the requested rezoning, our office recommends approval of the Bulow Estates 2nd Addition preliminary plat subject to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Andy MacArthur Larry Koshak Dan Lais Chris and Linda Bulow 11 EXHIBIT A - SITE LOCATIOI MISSISSIPPI RIVER 9 /177400 9115 -JO 9,73-30 f:,{0 1314 18 1174300 fns so NORTH G 17 " C = P +_"° 9020 -JO 1 " 400' 121 50 f:• 16 2 15 , 4kn 1 %174301 EXHIBIT B - DETAILED SITE LOCATION 9 1011 12 85 8 4 83 - /Q1,,,,141400 foaw, a G 1 2 3 4 >;? 81 A i farm* ,700-30 3rd ST. N.E. I 96th ST. fes„ 75 (n 110 ; s 9 8 7 8 ►= N p7b,a a OF 7 7 OTSEGO N ,or„a,a `"'�°' 79 80 5 76 I 1 2 3�4 5 78 = tarto�e 17764 -JO w N.E. 95th ST. No. 39 1 9 8 6 ,pa10,0 Q I wM fir. M �.:. _ i %00,,,0' , • 49 i ! v� _ ` 47 ►_ V) 46 N 45 0.�. A OTSE 1 2 3 4 aa,a +,� 5 y 13:9 -30 #00,0,0 ,777►-�0 1 ,3&„-30 2 71LS7�0 CD 5th _...�= '` ` �' ST. WILD EN R - - -------- I z afu moon gHi�imi ►f►uff+un+eufu ►+*Fuu►u►+�uu�u u►uH O.L. B f,a,a u ,3.0•� �++, M44WN 14M14 j< wit - 40 ;'v `It 42 43 44 4 Q f,«o 9 ,3100-30 O �, ,001010 a ,00,0,0 f,000 f,o10 ,3N, ok"do 1 ,001010 8 O.L. C 5 "` CT. Q cv 7 +00,0,0 0 1 6 „70 fit” 28 I ' S 25 #001010 24 23 O.L. D 1 {J�J W2 -.V10 ,a 27 E . , .i f ,o10 Q � � cr- 7th I _._. f,a7v f,,,a ST. w zfoo a,0 _ ; _ _ "' fmia,a fa0,a,a ,00,0,0 �.L. E 7 Q 20 21 22 Y 17 18 , /.. �+ TS EG flow f,, o .3�3a 1 O.L. F ~ Z 12 I �: nP5 s ,00,0,0 ,00,0,0 Lq 6 �,. 3,a 2 1 0YS 1, -JO '10 Z # I 9 nu 3o t 3 .L G I I I ------------------ ----- ►r3�o f,,.o I 19 fz, w 13sn-W 14 f 9 /177400 9115 -JO 9,73-30 f:,{0 1314 18 1174300 fns so NORTH G 17 " C = P +_"° 9020 -JO 1 " 400' 121 50 f:• 16 2 15 , 4kn 1 %174301 EXHIBIT B - DETAILED SITE LOCATION 1 ■ pal - 491— - - - .a►a j D';E1 nogLa A 14 j ) I -Zl�r \/ o S _� w��/ i fl S l r . I I tQi r _ fm.s zi Z rT one • i Le � 2 1 f-- 11 -7-0 a P. IIA — — ff—j— I .r.. It , , ---- ---' -1 4 L-4- _� — -- " -E] 121 j ^� , .. i ---- -_-- - i F arra e F—f - - l � t s. IL— r- ` .1 - - V I 1 {/ ris w w. 3 PI 1 I 1 j •� --Ii i I 9 IL li f0 I I j i ► I E ' 4 � K ria Y rtu 4= NORTH f t � • r 1 " 200' I 2 \ 11 {/ 1 r L • J ` moi. JI JA L- - -- - sd --� JI L_ _ _ _ r I ■ � S2lfSdWE .tett _ Ma, _ EXHIBIT C - PRELIMINARY PLAT Oak \ � ,�� II ASO—If�'C11tP . \ ) �� „�"_ •ice — _ _ `� �P M — ----.alp ---- - - ' 8 ----- ---- —--------- - I 17 / Cl r Q, L�-� 3 o r 14 ol 12 - oaas 2. i ------ O v —. --�, ol O I J low •4 1 – R CkA I/- J O "• NORTH so 1" = 200' bL E M.56 / � \ 1 EXHIBIT D GRADING & DRAINAGE PLA: APR -02-19% 1526 NAC 612 595 9837 P.01i01 JJFN Northwest Associated Consultants 1 nor � nc. AC COMMUNITY P L A N N I N 13 • DESIGN • MARKET R E S E A R C H MEMORANDUM - Via Fax Transmission TO: Otsego Mayor and City Council Otsego Planning Commission N.T*Tkvjl=:.. .tru DATE: 2 April 1996 RE: Otsego - Bulow Estates 2nd Addition FILE NO: 176.02 - 96.03 Based on recent staff discussions and meetings with area residents, it is recommended that the following additional conditions be added to those listed in our office's 7 March 1996 planning report which addresses the Bulow Estates 2nd Addition development request. 13. Those outlots which lie adjacent to the subject property and owned by the applicant shall either be: a. Incorporated into the subject plat; or b. Deeded to adjacent property owners within the Great River Acres subdivision. 14. As agreed, the applicant shall provide owners of adjacent outlots with quit claim deeds. Both the City Attomey and I will be available to answer any questions regarding this matter at the forthcoming 3 April Planning Commission meeting and 8 April City Council meeting. pc: Elaine Beatty Andy MacArthur Larry Koshak Chris Bulow (241-1771) i Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 TOTAL P.01 William S. Radzwill Andrew J. MacAfthur lichael C. Couri March 7, 1996 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Bob Kirmis Senior Planner Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard Suite 555 St. Louis Park, MN 55416 RE: Proposed Plat of Bulow Estates Second Addition Dear Bob: �U w Pursuant to our telephone conversations it is my understanding that a portion of the -above proposed -plat `(the northerly lots) lies within the boundaries of -the Wild and Scenic, - even though it is north of CSAH 39, since the designated boundary follows the section line. DNR has been notified of the plat and you have had conversations with Dan Lais of DNR regarding said lots regarding whether or not DNR will approve them as platted or will require that they be 2 1/2 acres as per the Wild and Scenic Ordinance. Upon review of the City ordinance I find that sections 20-74-4 and 20-74-19 are pertinent to the proposed plat. 20-74-4 states that lots with common ownership must be combined to meet the lot width requirements of the local ordinance. It is my understanding that the proposed lots will meet the applicable City lot width requirements. Section 20-74-19 states that plats inconsistent with the local ordinance are permissible only if "the detrimental impact of the inconsistency is more than overcome by other protective characteristics." As we discussed, the fact that the plat will help to deal with drainage issues in the area by addressing on-site drainage and providing outlet to the South, as well as paying a drainage fee for effect on trunk drainage facilities may constitute adequate protective measures to justify any inconsistency. This is a decision that the City Council must make., Letter to Bob Kirmis March 7, 1995 Page 2 It should be noted that the final plat is arguably subject to DNR approval. The combination of these two sections would allow me to support approval of the plat, subject to the understanding that the applicant would be solely responsible for any appeal, petition, or other proceeding required by the actions of the DNR. Thus, if there is approval of the proposed plat it should be subject to any DNR response regarding the northerly lots. If DNR were to disapprove the plat based upon a different interpretation of local or State regulations it will be the applicant's responsibility to initiate and prosecute any appeal of that determination. If DNR will not allow approval, but will support a petition to remove the area from the Wild and Scenic said petition would be solely a cost of the Developer. I would not oppose City support by letter of such a petition but would not be in favor of the City expending any money in support thereof due to past experiences with the DNR. You -also inquired about the proposed roadway north and south along the easterly boundary of the proposed plat. There appears to be an approximate 30 foot strip of land platted as outlots as a result of a previous surveying area. Thus, the lots within the plat to the east do not immediately abut the proposed road. It is my understanding that some of these outlots are owned by those owning the abutting platted lot and that others are in separate ownership. Due to this situation, the City has questionable authority to assess the lots for future improvements to the road and obviously should not get into any agreement to construct the road and attempt to assess the easterly property. The proposed road should be constructed entirely at the Developer's expense. This situation could lead to future complications regarding access and assessments. The proposed plat will also require vacation of the underlying original town plat. This vacation is also to be paid entirely by the Developer. If you have any further questions please feel free to contact me. Very truly yours, drew MacA,ur RADZWILL & COURI cc:,City of Otsego Larry Koshak, Hakanson Anderson Chris Bulow Hakanson Anderson Assoc., Inc. March 20, 1996 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Bulow Estates 2nd Addition Preliminary Plat Dear Elaine: LC�11z,OMC 2 1 G5 vo 222 onroe Street Anok 612/427-5860 Fax 612/427-3401 Hakanson Anderson Associates, Inc. has reviewed the above referenced preliminary plat with respect to Engineering related issues. Our March 15, 1996 letter regarding an earlier version (February 28, 1996) of this preliminary plat recommended not approving the plat. The reasons for that recommendation were documented in the March 15 letter. Our review indicates that several items listed in our March 15 letter are still deficient in the current version of the plat: 1. The ROW dimensions along CSAH39 have been revised. 2. The County Engineer's review letter has not been received. All county requirements must be incorporated into the preliminary plat plans. 3. Culverts along CSAH39 (cross -culverts) and drainage arrows need to be shown. Drainage from the proposed roadway has been redirected to the plat as requested. 4. The roadway has been revised from a rural to an urban section as requested. 5. Although revisions to the grading and drainage plan have been accomplished, many concerns still exist: a. Naughtor Avenue is graded at 0.5% for 1,400 LF with a catch basin at the low point. This will cause an excessive spread of water on the roadway during the design storm (10 year event). Drainage must be intercepted to reduce this depth of water in the Engineers Landscape Architects Surveyors Elaine Beatty Page 2 March 20, 1996 roadway. Catch basins could be placed near roadway station 10+50 with discharge along the south lot line of Lot 12. A discharge configuration similar to that shown along the south lot line of Lot 4 would be acceptable. b. The manual on Best Management Practices (BMP's) requires dead storage be provided in a drainage pond for stormwater cleaning. The proposed pond will serve more as a ditch than a drainage pond. Little, if any, dead storage is provided for. Dead storage required is equivalent to a 2" rainfall over the entire development area. This dead storage must be demonstrated by drainage calculations. C. The proposed outlet structure is inconsistent with the BMP's, as short circuiting of the drainage pond will occur. During the peak flows, stormwater will discharge directly to the south and not enter the pond. A separate inlet and outlet to the pond must be provided at the southerly end of the pond. The inlet and outlet should be separated to minimize the short-circuiting effect. d. Riprap must be provided at all RCP outlets. e. Drainage easements must be extended around all drainage ponds and drainage swales to provide for future maintenance. f. Drainage calculations must be prepared and submitted to demonstrate that the pond is adequately sized and that drainage structures and pipes meet design requirements. g. A NPDES permit must be filed as grading exceeds five acres. This means the erosion control portion of the plan must meet BMP recommendations. 6. The required 20' drainage easements are not shown. 7. Percolation tests and the evaluator's report are still required per our March 15 letter. 8. Street lights are required per our March 15 letter. 9. Wetlands must be delineated per our March 15 letter. Elaine Beatty Page 3 March 20, 1996 10. Because curve data is still not shown on the plan, we used a scale to determine the proposed curve radius. The scaled dimension indicates that a 130 foot radius curve is proposed. Even at a 6% super, this would not meet a 25 mph curve. Full curve data must be submitted along with any proposed super elevation data. Thirty mph curves are required. 11. The wild and scenic issues must be resolved per our March 15 letter. 12. This issue needs to be resolved per our March 15 letter. 13. The Storm Sewer Trunk Impact fees are per our March 15 letter. 14. Naughtor Avenue NE must intersect CSAH39 at a 900 angle of intersection. 15. A roadway plan and profile sheet must be prepared. Based upon the number of issues left unresolved at this time, we cannot recommend approval of the preliminary plat. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. X-�✓)A /y�db Kevin P. Kielb, PE E cc: Lawrence G. Koshak, PE Chris Bulow John Oliver & Associates Bob Kirmis, NAC Andy MacArthur, Radzwill Law Office OT214a.eb4 APR 03 '96 12:16 HWANSON ANDERSON Hakanson Anderson Assoc., Inc. April 3, 1996 Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Bulow Estates 2nd Addition Preliminary Plat P.1 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 Hakanson Anderson Associates, Inc. has reviewed the above referenced preliminary plat and related submittals. We offer the following comments: Drainage Calculations The SCS Curve Number (CN) utilized for existing conditions are high. A CN for row crops was utilized for existing conditions. Crop rotation must be considered in determining historic CN. The area has been seeded in row crops and alfalfa in recent years. Typical curve numbers for historic conditions would be 69 for Type B soils and 55 for Type A soils. This will significantly lower the historic runoff rate. • Curve Numbers utilized for proposed conditions are too low. Curve numbers listed for impervious areas are at 98, which is fairly typical. Typical values for lawns would be 49 for Type A soils and 69 for Type B soils. This will Increase the developed runoff rate. • By adjusting the Curve Numbers to more typical values, the size of ponding will increase. The calculations should be revised to reflect the proper CN's, and the grading plan should subsequently be revised to show the proper pond size. • Area #1 flows should be directed to the swale in the center of the development. If there will be less runoff from this area in the developed condition, it must be adequately demonstrated utilizing proper CN values. • Ponds must be designed for 2" runoff on frozen (impervious) grounds. Engineers Landscape Architects Surveyors APR 03 '96 12:17 HAKANSON ANDERSON P.2 Elaine Beatty April 3, 1996 Page 2 • The ROW dimension of 55 feet from centerline of CSAH39 is shown. This is in accordance with Wright County requirements. • The frontage road issue has been addressed. The existing frontage road access is shown to be removed and the frontage road connected to Naughtor Avenue. • The drainage along CSAH39 needs to be addressed utilizing typical CN values as described above. • The street has been revised to an urban design. • Drainage calculations, pond sizing, etc., needs to be revised as discussed above. • 20' drainage and utility easements must be shown along all unplatted land. • Percolation tests and a septic drainfield report must be submitted. • Street light locations must be shown on the final plat. • Wetlands must be delineated. • The curve radii have been revised to 150' with 3 percent superelevated curves. This allows for a 25 mph design speed. The curves should be signed to note the reduced design. Wild and scenic issues must be resolved by the Developer. • Impact fees for Storm Sewer Trunk facilities must be paid at $1000 per gross acre. • The requirements received from Wright County Highway Department in a letter dated 3/20/96 must be met. APR 03 '96 12:18 HAKANSON ANDERSON Elaine Beatty April 3, 1996 Page 3 P.3 • Relocate drainfield on Lot 12 Block 3 so that it is not Impacted by site grading. Based upon our review, we feel we can recommend Preliminary Plat approval based upon the following conditions: 1. Drainage calculations, utilizing typical Curve Numbers, are resubmitted for review. 2. Adequate drainage structures and ponds are provided based upon the revised drainage calculations. 3. The drainage pond is redesigned for 2" runoff on frozen (impervious) ground. 4. 20' drainage and utility easements are provided along all unplatted land. 5. The drainfieid on Lot 12, Block 3 is relocated to avoid impact caused by site grading. 6. Percolation test results and a septic drainfield report is provided. 7. Wetland delineation Is provided and a report submitted. 8. 25 mph warning signs are placed on the curves. 9. Street light locations are shown. 10. Wild and scenic issues are resolved by the Developer. 11. Impact fees for Storm Sewer Trunk facilities are paid. 12. The requirements of the Wright County Highway Department are adhered to. APR 03 '96 12 19 HAKAMSON ANDERSON Elaine Beatty April 3, 1996 Page 4 P.4 ' Please review the above referenced items. We will be available at the 4/3/96 Planning Commission meeting to discuss these issues further. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. 2�1 - Lqeetx os ak, PE kas cc: Andy MacArthur, Radzwill Law Office Bob Kirmis, NAC Chris Buiow John Oliver & Associates OT2148.ab6 OTSEGO FEEDLOT ORDINANCE PROCESS- @ --N Feedlot moratorium to 6/1196 • Committee members appointed by City Council • Tuesday meetings 12/26/95-3/5196 • Reference materials included Report, Manure Management 7020 8► misc. articles. other ordinances, Blandin Guides, Minnesota Rules • NAC draft ordinance (Redwood Cty model) • Committee discussed draft word by word. Approved as written or amended by majority vote. • Committee draft reviewed by City Planner and City Attorney. Their comments and committee draft will be reviewed by Planning Commission. • Goal is final ordinance published by 6/01196. CITY OF OTSEGO DRAFT FEEDLOT REGULATIONS SUMMARY OUTLINE I. PURPOSE Revised 4/3!86 A. Establish a procedure for the permitting of feedlots. B. Regulate the location, development, and expansion of feedlots. C. Promote best farm management practices. D. Protect valuable groundwater and surface water resources. E. Protect human and animal health. F. Promote compatibility of uses. G. Coordinate and assist state agencies in the administration of state-wide statutes and regulations governing livestock operations. II. ANIMAL. FEEDLOT DEFINITIONS Animal Feedlot: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and bams, horse stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts. Animal Feedlot Permit: A permit issued by the Minnesota Pollution Control Agency (MPCA) when the potential pollution hazard will not be corrected within ten (10) months of the date of permit issuance or when manure is not used as a domestic fertilizer. This permit shall contain such conditions and requirements as the agency deems necessary in order to insure compliance with applicable state rules. IV. PROHIBITED FEEDLOTS Feedlots exceeding 1,500 animal units. FEEDLOT SETBACKS A. Existing feedlots , exempt from setback requirements B. New feedlots 1. Shoreland Districts Prohibited 2. 100 year Floodplain Prohibited 3. Private Well 1,000 feet 4. Steep Slopes 300 feet 5. Public Parks 2,500 feet 6. Drainage Ditches 300 feet 7. Private Residences Less than 300 A. U. 1,000 feet Greater than 300 A. U. 2,500 feet 8. Church, School, Similar Facility 2,500 feet 9. Immediate Urban Service Area 2,500 feet 10. Increased Setbacks Per City Council V. CONDITIONAL USE PERMITS A Qualification 1. Expansion of existing feedlots within shoreland, floodplain, wild and scenic districts. 2. New feedlot exceeding 300 A.U. 3. Expansion of existing feedlot over 300 A. U. 4. Lagoon/earthen storage basins proposed 5. Modification of existing feedlot within '/ mile of immediate urban service area. B. Standards 1. Notification to adjacent property owners of application, injection, incorporation activities. 2. Compliance with manure utilization plan. 3. Compliance with pollution control measures/PCA requirements 4. Screening as determined by City Council. 5. Financial security required 6. Setback compliance VI. FACILITY CLOSURE A. Feedlot landowner, owner, operator responsibility. B. Financlal security required C. Closure plan requirement VII. ABANDONMENT 1. Clean-up, closure responsibility of feedlot owner and operator. TOTAL P.03 To Whom it May Concern: The Wright County Pork Producers support the MPCA guidelines and are working with the Wright County Extension Office and RSCS to continue to make the environment safe for all citizens living in Wright County. Otsego's proposed feedlot ordinance states no city agency or person to regulate this ordinance, nor does it state what specific restrictive regulations the city wants to coordinate or implement. If a feedlot operator needs help to get into compliance with city pollution standards, what certified city employee or agency will they be able to turn to for information and help? The other issues of concern in the proposed feedlot ordinance are setbacks and conditional use permits. Very few, if any, areas in Wright County could abide by these setbacks and obtain conditional use permits. Section 20-38-9 B.6. would prevent many existing feedlots in your city to expand or survive. Setbacks should also be given to new residences from existing feedlots. This would protect existing feedlots and new development. The Wright County Pork Producers can not support this proposed feedlot ordinance for the reasons stated above. The WCPP wish Otsego would work to find a better solution to protect the survival of producers in Otsego and its urban development. Loretta Paetow,secretary iright County Pork Producers 360 Pierce Ave., Suite 106 North Mankato, MN 56003 March 27, 1996 P.ORKi:s To Whom It May Concern: Ex. 3 Phone 507-345-8814 FAX 507-345-8681 The Minnesota Pork Producers Association has passed resolutions at its annual meeting addressing permitting of feedlots in Minnesota. It is our contention that local ordinances that have designated land as zoned agriculture should allow livestock agriculture as a permittee use. Arbitrary limits on size based on animal units are of little value when protecting the environment. Therefore, if environmental hazards cannot be identified there should not be limits on animal units. Some local governments have used arbitrary setback distances to help mitigate concerns over possible odors associated with feedlots. This appears to be sound on the surface, but when connected to the fact that odors are not measurable under current technology and that management of facilities has more bearing on possible odor than size, it is not sound reasoning. An issue of great importance to feedlot owners in Minnesota is the fact that setback requirements are in most cases being established only for feedlots away from neighboring residences. There is no protection in your ordinance in regards to how far a new residence should be from an existing feedlot. In summary, these issues, and along with many other provisions in the proposed ordinance, make for poor public policy and most certainly are arbitrary and capricious. In the interim, I suggest that the City utilize guidelines developed by the MPCA and follow the workings of the MPCA Odor Task Force to develop a plan that is both livable for residents and farmers and can stand legal challenge. Recent court rulings have found that counties can address some of the issues you are pursuing, but townships and cities cannot. Feedlot regulatory authority has been granted to counties on a limited basis, but no such authority has been granted to townships or cities. For these reasons, the Minnesota Pork Producers Association supports the efforts of producers in your city to find a more workable alternative to the proposed ordinance. Sincerely, David Preisler Executive Director To Otsego City: I have many concerns with this proposed feedlot ordinance. Sections 20-38-1, 20-38-5, and 20-38-9 B.7. states that Otsego wants to regulate, and impose more restrictive pollution control standards that exceed the state requirements. According to a court ruling "Crooks Township, Renville County v. ValAdCo", I question Otsego's ability to enforce such pollution standards. Crooks Township wanted to control the pollution from manure produced by feedlots. The court ruled that the MPCA had control of pollution from manure. It also determined that the state has set up a statutory structure for issuing feedlot permits. It allows for local imput, but retains ultimate control. Local government can determine the best "type of use" for land, not control over construction and operation of animal feedlots. The Court also stated specificly to state statute, "A joint county -- state program is desirable because it will insure local - involvement, minimal disruption to agricultural operations, and protect the environment from further degradation" stated the word "local" had been referred to county action- not township. Otsego has no one trained and qualified to enforce any pollution control standards that are more restrictive than the state. Otsego has no one that is qualified to assist feedlot owners to meet the more restrictive requirements, and the ordinance is very vague in what these requirements are. These more restrictive requirements should be clearly stated before — not after feedlots are in place and operating. I would like to address a problem with 20-38-9 B.2. I would like to present this situation. Assume that I would like to expand 10 animal units. I apply for a conditional use permit because I am over 300 animal units. My neighbors do not object, setbacks are changed and by some miracle, I am granted a CUP. I have an existing manure storage area that lasts about 35 days. I must now contact city hall one week before removal. I must contact city hall once every 35 days, however, I currently and will continue to consider my schedule, field conditions, weather, and wind direction - away from my neighbors' homes. So, I will call city hall every day for two weeks stating that I may hall manure sometime next week. Each time I call will give me one more day. In return, someone at city hall will need to call 26 of my neighbors stating that I may be applying manure each time I call. Do you believe all my neighbors will be home during the day? Will the city have funds to hire a phone caller and be willing to pay overtime for the evening calling to those neighbors that work during the day? This section is foolish and should be changed. My neighbors know that I apply manure, and at times have asked me to change my manure application so they could enjoy and outdoor gathering. The next concern I have is with the setbacks! First of all with the setbacks in this ordinance, there are no places in Otsego that a 300 animal feedlot can be built! The setbacks are too excessive! At section 20-38-9 B.10. it states that Otsego may increase setbacks at city council's discretion. Was this put in because the committee may have missed a spot when looking at the maps before establishing these setbacks? In 20-38-9 B.6. it states that all expansion over 300 animal units will need a conditional use permit, and must meet the setbacks of new facilities. Common sense says, if this feedlot ordinance is approved, agriculture in this community will be crippled and die! Reasonable setbacks that will not prohibit growth in agricultural areas may be needed. Setbacks should also protect feedlots with the same setback requirements toward new residential homes and public developments. If a feedlot is of "concern'' than why allow someone to build closer to a feedlot? Otsego has allowed new residences and public buildings near feedlots within these presented setbacks in the recent past. Why the change now? Otsego developed a long—term comprehensive plan when it first became a city; in that plan it stated its residential, industrial, agricultural ,transitional areas, and city land. From the onset, Otsego rezoned agricultural land for city use, industrial use and residential use, while at the same time denying the expansion of a state approved animal feedlot in an Al zone. What good is a comprehensive plan when it is changed and modified every time an idea is presented? A comprehensive plan is a long—range vision of the city. The leaders of this city have never had a vision (at least not in writing) that they have followed. Otsego only deals with problems and looks to create more with this ordinance. If Otsego passes this feedlot ordinance, you can redraft your comprehensive plan. In that plan it should change agricultural land to transitional land, set up city sewer and water, and allow farmers to leave this city when they want and with dignity. Anyone who is in favor of this ordinance will never get any support from me. As a life-- long resident and consistant voter of Otsego township/city, I ask that this feedlot ordinance be turned down. Thank You, Mark Berning ECONOMIC IMPORTANCE OF 1500 COWS TO OTSEGO Based upon a study of the "Economic Impact of Dairying in Minnesota Counties" performed February,1995 by AG-NOMiCS Research Inc., we can estimate the economic impact of 1500 cows on the local economy. The total industry economic impact is divided into farm -level, processor level and all - industry impact. The all -industry includes secondary and tertiary industries along with the direct dairy impact: AD -Industry Impact $S,289,000 Other economic indicators positively impacted by the dairy enterprises: • industry Payroll $1,578,500 • All -Industry Employees 217 (Excluding Owner/Operators) • Feed Value Consumed $1,453,500 No model or estimate of this type can precisely duplicate the local community but estimates such as these can be a useful measure of the economic contribution to the community. General economic and statistical parameters and relationships that hold for a large area (such as the state of MN) are presumed to hold for a smaller area like Otsego. Therefore, you should recognize that the "uniqueness" of Otsego is lost in this analysis and it is assumed to be "average", or like the dairy business across the state. With these precautions, you can indicate the overall economic impact as indicated. We the undersigned Businesses have reviewed addressing Animal Feedlot Operations within and feel it is too restrictive and will have our businesses because it will not allow our to prosper. Business Name �een;nS'S',�zI% Address Soo So �/to►� Ntw civ,, M�j Be e �N 1 the Draft ordinances the City of Otsego a negative affect on current farm clients Signat� ' .0 4_ LD C(-,ew (= We the undersigned Businesses have reviewed the Draft ordinances addressing Animal Feedlot Operations within the city of Otsego and feel it is too restrictive and will have a negative affect on our businesses because it will not allow our current farm clients to`;prosper. �Q"�vvCJ ture � � �rIYE l�a6E7Q� of /A L) t ' J3-�3 1171 q � t� sT- m 0 1,94- �rw . We the undersigned Businesses have reviewed the Draft ordinances addressing Animal Feedlot Operations within the city of Otsego and feel it is too restrictive and will have a negative affect on our businesses because it will not allow our current farm clients to prosper. Businesses Name Address Z, ea ✓ 5r3I3 G�� 5 X37 IS-�� �*4 137-,-J6- we the undersigned Businesses have reviewed addressing Animal Feedlot Operations within and feel it is too restrictive and will have our businesses because it will not allow our to prosper. Business Name f1BS 6lo6a/ Address �X Z� % Averr,I�s 3/0 the Draft ordinances the City of Otsego a negative affect on current farm clients Signature 7,,,� 7o4 --- CENTRAL RIVERS CO-OPS BOX 122 - 60TH STREET ALBERTVILLE, MN 55301 We the undersigned Businesses have reviewed the Draft ordinances addressing Animal Feedlot Operations within the City of Otsego and feel it is too restrictive and will have a negative affect on our businesses because it will not allow our current farm clients to prosper. Business Namp Address r r J We the undersigned Businesses have reviewed the Draft ordinances addressing Animal Feedlot Operations within the City of Otsego and feel it is too restrictive and will have a negative affect on our businesses because it will not allow our current farm clients to prosper. Business Name �c ar-A -e V oyrs C'Rav �i ✓6� I/n � s 0 rd,js �NWt w r�c�arin�, Address -57-7/f /2 ��i4� S. /s /3 ;> IVOfh S /-1-,9 D,' /X*� sr. Rg66e5- 1 66 1-70 W F AFA R,:,63.- SS $ S err: fiv & £,R, We the undersi!ned Businesses have reviewed addressing Animal Feedlot Operations within and feel it is too restrictive and will have our businesses because it will not allow our to prosper. Business Name Address 6-eao�Jvy011 =3.554 Lowe lU o r4- rho i� :�� � e -4 4 4 g'a l 4 a "'Afvt- a � 2 the Draft ordinances the City of Otsego a negative affect on current farm clients Signature .Y 0 April 3, 1996 TO: Otsego Planning Committee With Attention To City Council The goal of the city council, in the appointment of the Feedlot Committee was to have an equal balance of agriculture related people and residence. The balance ended being 6 of the 8 committee members, plus the facilitator, having animals or agriculture related and only 2 residence. The residence was clearly in the minority. The draft you have in front of you came from our city consultant and it was used as a guideline for a new ordinance. Keep in mind the ordinance was taken from other counties. These rules were put into place after the counties had major problems. The City of Otsego has an opportunity to set some guidelines and learn from other communities mistakes. Most of us that were on the feedlot committee took the J, very seriously and spent many hours coming to the agreements of this proposal. There are some questions that still need to be addressed or more thorough explanation or understanding of how it is interrupted. Some of my concerns and questions would be: 1. We are placing to much faith in the MPCA: We know they are understaffed and unwilling to take on many of the tough issues: setbacks, odors, etc. 2. I don't believe we are protecting our shorelands and smaller ponds, as these are used for water run-offs and help prevent flooding and protect wildlife. 3. One doesn't TOTALLY comprehend the amount of ground water that would be used for 1500 A.U. 4. One doesn't TOTALLY comprehend how much manure will be generaLed from 1500 A.U. 5. One doesn't TOTALLY comprehend how much land is needed for disposal of manure from 1500 A.U. 6. The city needs to rezone the commercial feedlots, and tax them accordingly, because they will no longer be a 'family farm', but doing intensified commercial production. 7. 1500 A.U. a 1,070 dairy cows 15,000 sheep 1,500 steers/heifers 30,000 swine.,N1e,55#'s 1,500 horses 83,330 turkeys 3,750 swine ov&55#'s 150,000 chickens 7,500 ducks *** EXAMPLE OF MANURE MANAGEMENT WORKSHEET: # A.U. DAYS GAL.MANURE NITRIGEN PHOSPHORUS POTASH 1,500 365 5,420,250 224,475#'S 90,885#'S 177,945#'S CORN @ 150 bushels/acre 728 acres 1,136 acres 827 acres Alfalfa @ 6 ton/acre 847 acres 1,515 acres 539 acres The phosphorus and potash becomes the problem because of carryover. I believe we need setbacks from residence, with a starting point of the greatest amount of A.U. because that's what they could potentially Increase too. I believe we need regulations on feedlots. I believe we need fewer A.U.'s. When you discuss and vote on this ordinance - please read page # 6: 20-38-1: PURPOSE: When you read and understand it's meaning it should make your job much easier. hn R. Holland, 6419 Packard Ave N.E., Otsego, MN *** Source: Enivronmental Assurance Program Manure Management Worksheet/ MN Extension Service Manure Management Worksheet Bill Crawford Rich Fisher Wayne Hansen Bob Koehler Jeff Lopez Jim Nesseth Dave Pfarr Jerrold Tessmer Kent Thiesse RNNE m EXTENSION SERVICE UMVE a Y OF MINNESOTA • �ro en.AssuranceProgram Manure Management Worksheet Bill Crawford Rich Fisher Wayne Hansen Bob Koehler Jeff Lopez Jim Nesseth Dave Pfarr Jerrold Tessmer Kent Thiesse RNNE m EXTENSION SERVICE UMVE a Y OF MINNESOTA ssurance Program Page 1 emilaare Mesepinent Worksheet For Use With NPPC Environmental Assurance Program 4Developed by Minnesota Extension Service Introduction Livestock manure is a good source of Nitrogen, Phosphorus (P2O5), and Potash (K2O), which are necessary for plant growth. However, soil applications of Nitrogen and Phosphorus can pose threats to water quality if not properly managed. Pollution of groundwater by Nitrogen can occur when A various forms are converted to Nitrate (NOD and leached down through the soil before being taken up by crop roots. Runoff from the soil surface to lakes and streams is also possible. Many factors affect the rate of conversion and potential leaching and runoff. The predominant form of Phosphorus attaches itself to soil particles. These particles can be transported to lakes and streams via erosion, where the additional Phosphorus becomes a problem. If erosion is controlled, risk from Phosphorus is limited. steps in Making Alanare Utilisation Decisions Decisions on responsible and economic manure management can be made with the process outlined in this worksheet. Those steps are: 1. Determine the amount of manure volume and Nitrogen, P2O5, and K2O by direct measurement (volume and manure test) or with estimates based on table 1. 2. Subtract nutrient losses in collection and storage if using estimates from Table 1. (Skip & go directly to Step 3 if using volume and manure test data.) 3. Adjust for Nitrogen losses in application and for available Nitrogen based on the amount of Ammonium Nitrogen (available) and the amount of organic Nitrogen mineralized (made available). These factors are dealt with collectively in Table 3. 4. Use the calculated available Nitrogen, P2O5, and K2O, determine per acre application rates based on an appropriate system (crop removal, agronomic rates, rates based on soil test). Information for these calculations are found in tables 5-10. 4. Determination of Use. Any landowner may request a determination of the use classification (permitted, not permitted, conditional or accessory) for a use not expressly listed as permitted, conditional or accessory or which involves a combination of uses. An application for a determination shall be submitted to the Zoning and Building Administrator and referred to the Planning Commission for recommendation and the Council for decision. Use determinations shall be based on substantial similarity to existing use classifications, become of future binding force and effect and be maintained on file by the City Clerk. 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT 1. FP - Floodylain Overlay District Special standards and criteria for the Floodplain Overlay District shall be as set forth in Section 902 of the Code. 2. SL - Shoreland Overlay District Special standards and criteria for the Shoreland Overlay District shall be as set forth in Section 904 of the Code. 3. WSR -_Wild and Scenic River Overlay District Special standards and criteria for the Wild and Scenic River Overlay District shall be as set forth in Section 906 of the Code. l -- 4. A-1 - Agricultural Conservation District j STATEMENT OF PURPOSE: The Agricultural Conservation District is established for the purpose of preserving, promoting, maintaining, and enhancing the use of land for commercial agricultural purposes, to prevent scattered and leap -frog nonfarm growth, to protect expenditures for such public services as roads and road Qaintenance, and police and fire protection. / A. Permitted Uses i. Agricultural uses (5 acre minimum on unplatted property) ii. Public parks, playgrounds and open space iii. Facilities for flood and erosion contrc; iv. Horticultural uses 9.17 CHAPTER 5 Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: 1. Maintains or permits a condition which unreasonably annoNs injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public./ 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way or waters used by the public. 3. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. 4. Permits real property under his control to be used to maintain a public nuisance or leases the same knowing it will be so used. The following are declared to be nuisances affecting public health: 1. All ponds or pools of stagnant water. 2. All decayed or unwholesome food offered for sale to the public. 3. Privy vaults and garbage cans which are not fly -tight and trash receptacles of insufficient size so as to not eliminate the storage of trash outside the covered receptacle. 4. The effluence from any cesspool, septic tank, or sewage disposal system discharging upon the surface of the ground. S. Accumulations of manure, rubbish, tin cans or other debris. 41 z-- 'S j� ,�:x During the past few months, a citizens committee has worked very hard on writing and updating the Otsego feedlot ordinance. They had to go through lots of written material in an attempt to come up with a suitable and workable ordinance. It must be noted that this whole process was political in nature since many of decisions that were concluded reflected the wishes of whatever side had a majority of their members present at any particular meeting. At other times a concensus by both sides was reached reflecting the acceptance of a decision. The writing of this new feedlot ordinance at the request of the city council was not meant to be used by this committee as a way and means to usurp their decision on the expansion of Lef-Co Farms last year, but rather as a way to update an out -dated ordinance and bring it up to date in such a way that it could apply to the current development of Otsego in a fair manner. I have attended a few of the meetings that this committee held and was absolutely outraged at the contemptuous behavior displayed by some of the committee members toward other committee members. I had hoped to see more compromising and reasoning at the meetings and it was a great disappointment to me that some committee members continued to act unprofessionally. Despite all this, overall, the new ordinance does have some good points as well as areas that could be improved upon. I don't know how many of the Planning Committee Members had the chance to attend any of these meetings, but by missing them, I feel you missed out on seeing how some of the decisions were reached. Reading the new ordinance does not reveal the very difficult process the members on the committee went through to reach the setback requirements that they finally ended up with. It must be remembered that a lot of what was put in the new ordinance came from other cities and counties who updated their ordinances to correct the problems that theyencountered with the feedlots in their areas, because like Otsego, their ordinances were out dated and did not address the massive modern feedlots which are currently targeting Wright County for expansion due to its antiquated rules. Even after reading the new ordinance there are several questions that I have for the Planning Commission that the new ordinance does not address and that I have listed on the following sheets. I have also listed several changes and additions to the ordinance which I would like to see addressed. I also have some other issues that I would like to see the Planning Commission address. They are the following: 1) How does the present Planning Commission avoid a conflict of interest in this matter if they were to discuss and vote on the Feedlot Committee recommendations since several of the Commission members reside in Al zoned areas? 2) Does anyone on the present Planning Commission in regard to this matter fall under the amended bylaws of the City of Otsego Planning Commission dated July 1995 section 17. "Any Commission member having a personal interest, a financial interest, or a family member with a financial interest in any individual action to be considerd by the Commission, shall: a. notify the Chair of the conflict in advance of meeting. b. allow the Chair to explain the potential conflict to the Commission c. at the request of the Chair, the member shall excuse himself/herself from the Commission meeting room in advance of the discussion and voting on this item. 3) Does the Resolution No. 92-94 section 3 and 4 apply to anyone on the Planning Commission in regards to the new feedlot ordinance? I would be interested in how the Planning Commission would respond to the following questions: 1) Who will count the cows that each feedlot has so that the city knows exactly when any herd is increased and that a farm is not being expanded illegally? 2) Why aren't all feedlots old and new required to be permitted by the MPCA under this ordinance? 3) Who in the city will check for compliance of this ordinance and what are the penalties if any? 4) What about rodent and fly control? 5) Why isn't above ground manure storage addressed in this ordinance? THE FOLLOWING ARE ITEMS IN THE NEW FEEDLOT ORDINANCE THAT NEED TO BE LOOKED AT UNDER THE DEFINITIONS SECTION: 1) Page 2 number 4. How does this section effect feedlots that have a change in operation that now carry a MPCA permit or one that obtains a MPCA permit to be in compliance? What benefit is there to only make this section apply to unpermitted feedlots? Is a change in ownership considered a change in operation? Is splitting of a section of land on the existing feedlot considered a change in operation? Why not include feedlots with permits under this section? 2) Page 3 number 10. How does this apply to farm where there are now 2 heifers and the owners now want to place 200 milkable dairy cows? Is this a new feedlot, existing feedlot or a change in operation? Perhaps this section should include wording to say "where there are no animals physically located on the site". 3) Page 3 number 14. Perhaps this should have wording that 01D says " currently having animals physically located on the site" 4) Why isn't there a definition of a "EXISTING FEEDLOT" included under this section? THE FOLLOWING ARE SOME OF THE ITEMS THAT NEED TO BE CONSIDERED UNDER THE FEEDLOT REGULATIONS SECTIONSTARTING WITH PAGE 6 1) 20-38-1 page 6 - add H. Protect property values One consideration of getting a CUP is to look at the effect of anything requiring a CUP has on property values 2) 20-38-4 page 7 - 1500 animal units = 1071 cows. Change to 420 animal units = 406 cows. 300 Any feedlot or farming operation that goes above this number is no longer a family farm but rather becomes a commercial operation. Secondly, 1500 animal units is excessive and noone in the city of Otsego has that many animal units now. 3) 20-38-5 C page 8 - there is nothing stating that hoses used for injection be prohibited from being placed on public roads, ditches, culverts or right of ways. Furthermore, there should be a written agreement with any landowner accepting responsibility for any pollution that the hose creates if it breaks or leaks while being placed on his property for both injection or while it is placed on his property to reach areas that would not have been accessible 4) 20-38-6 A page 8 - include the words streams, creeks, springs and flowages. This will help describe the area more clearly. Some of the aerial maps have been hard to read and don't clearly show these (D items. 5) 20-38-6 F page 9 - to be provided to the city annually and the city is to be notified anytime there are any changes on the agreements This will help the city know if the feedlot operator has enough land to manage the manure. People do move, rescind agreements and change their minds about renting their land for the spreading of manure. 6) 20-38-7 A page 9 - add "except when any changes in feedlot operation occurs" This allows the existing feedlot to immediately fall under the rules of new feedlot ordinance. This section should have setbacks for existing feedlots that allows an existing feedlot located next to existing residential other than feedlot owner to expand to a certain point and then also allows for the feedlot to apply for a CUP. Perhaps a incremental table would work. For example: Animal Units Cows Setback from Residential 50 36 100 feet 100 71 200 feet 150 107 300 feet 200 143 400 feet 250 178 500 feet 300 214 600 feet The other thing that could be done is that a 1 cow per acre rule be adopted. Anything above that would require a CUP to be issued. 6b 7) 20-38-7 B page 10 - change to: "Private Residences. No new or existing feedlot shall be located within one thousand (1,000) feet of any residence other than the feedlot landowner or operator." This will place existing feedlots that contain only small herds of under heifers under the new feedlot ordinance. 8) 20-38-8 page 11 the last line in the table should say "with a registered letter to both the city and operator. Both the city and feedlot owner would be required by certified mail to notify the resident that his request has been noted." This protects the resident from a feedlot owner saying that he wasn't aware of the request. 9) 20-38-9 B page 12 add 11) all earthen storage basins, lagoons that are excavated shall require a liner. The reason for a liner is that the MPCA already allows these pits to leak up to 500 gallons per day. The city of Otsego should do everything it can to protect its current and future residents and their environment far more than the current regulations of the MPCA do. add 12) all earthen storage basins, lagoons are required to be surrounded by a 6 foot fence with warning signs. The reason for fence comes from a letter dated July 17, 1995 from the Interim Permit that the MPCA sent to Greg Lefebvre. It states under the Operation and Maintenance section number 10) Fencing shall be constructed and maintained around the perimeter of the basins to prevent accidental or unauthorized 0 access to the area by children or livestock If the MPCA feels that a fence is important, then the city should at least recognize some sign of common sense on behalf of the MPCA. �N/-s7ys SZCTION 38 !XIMLOT RZGFUX LTIOM am= ON: 20-38-1 Purpose 20-38-2 Minnesota Pollution Control Agency (DPCA) Feedlot Permit Requirements 20-38-3 Permitted Feedlots 20-38-4 Prohibited Feedlots 20-38-5 Pollution Control Requirements 20-38-6 Information Requirement 20-38-7 Feedlot Setbacks 10-38-8 Manure Stockpile/Application Setbacks 20-38-9 Conditional Use Permits 20-38-10 Standards for Earthen Storage Basins and Concrete Pits 20-38-11 Facility Closure 20-38-12 Abandonment 20-38-13 Coamtissioner Review 20-38-1: PURP08ai The purpose and intent of this Chapter is to ?c�jia,,A-c-regulate Feedlot operations within the City of Otsego in a manner that is at least as restrictive an existing State regulations, and in many instances exceeding those State requirements, including those regulations related �1. to pollution. Theme additional controls are needed due to'the unique location of the municipality in relation to Qom, the Metropolitan Area, and in order to promote the planning process and protect the health, safety and welfare of the residents of the City, as well as to: A. 9t sh a,pro� dura or he perms i g of feedlots. d B. R late the 'procedure dove opment, and expansion of 1 feedlots. ,6-x. ��-,+-�o-v+�•^�-cu.tbQ-�l�.o w-� •Loac. z�',,�. o.�,�.c7r,`'"��i 0�`,sG��. 0 38$ Promote est farm management practices . ,�,.,r �„,, y,-c�.,•� '- , D. Pro tec valuable groundwater and surface water resources. a0,39Y B. Protect human and animal health. ,20,39-8 — d -0,35r7 63 z"_) 9.9 F. Promote compatibility a uses. 7 G. Coordinate and asi4ist tate agencies in the administration of state-wide statutes and regulations governing livestock operations. 6 20-38-21 11 n GO•a VOLLUTIOK CONTROL ASC? (]RCW Fj3DLOT VZMUT UZ=MWS: The owner of a proposed or existing animal feedlot of greater than fifty (50) animal units or greater than ten (10) animal units in a shoreland district shall make an application to the Minnesota Pollution Control Agency (MDCA) for a permit when any of the following conditions exist: A. A nes► feedlot is proposed where a feedlot did not previously exist. B. A change in operation of an existing animal feedlot is proposed. C. A change of ownership, family members included. D. A pre-existing animal feedlot is to be restocked after being abandoned or unused for five ( ) yearq or more. - y� . 8. An in'bpection by Minnesota Poll tion tontrol Ag cy WPM staff reveals that the feedlot is creating a potential pollution hazard. 20-38-3: r&xmxTTiD FScLOTs: Those feedlots which do not constitute a potential pollution hazard and meet the minim requirements of this ordinance shall be allowed within the City on the condition that they obtain a certificate of compliance by the Minnesota Pollution Control Agency (MPGA), if required. 20-3 -4: PROHIHITZD FZZDLOTS:, No feedlot in excess of one thousand five hundred (1,500) animal units shall be QZj &6 O established within the City nor shall any existing .20 3 �,,a 8, feedlot be expanded so that the cumulative number of animal units exceeds one thousand five hundr (1, 500) 0 6l0 •;..�_ &,A.�e- lo rve�4{� c� Salo Q q 20-38-31 POLLDT IOST C4940L �oni A.Puzpose: The purpose of this cto provide restrictions on feedlot operations as restrictive as, or re so, than existing state regulations regardin �p oll do or pot gntial pollution hazards. i7� t`( s . Geaeral � �quiraoeat: No animal fe of or manure�torag tt�/ area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or an agency permit has been issued. 6Po/Z� Z 7 C. Vehicles and 8preadera: All vehicles used to transport animal manure on City, County, State, and interstate highways shall be leak -proof. Manure spreaders with end - gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak -proof. This shall not apply to animal manure being hauled to fields adjacent to feedlot operations or fields divided by roadways provided the nimal manure is or use as dMes� ertilizer. -rtt a Wim. D. -�-,•.J o � c c. - -d Manure Storage: Animal manure, a ut'3lized as domestic fertilizer, shall not be stored for longer than .01 one (1) year and shall be applied at rates not exceeding local agricultural crop nutrient requirements except where allowed by permit. Local agricultural crop nutrient requirements can be obtained at the Wright County Soil Conservation Service office or local Agricultural Extension Service office. B. Aninal Manure: Any animal manure not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable State rules. F. OMaer's Duties: The owner of any animal feedlot shall be responsible for the storage, transportation, and disposal of all animal manure generated in a manner consistent with the provisions herein. G. Odors: Feedlot operations shall take responsible measures to minimize odors which have the effect of creating an adverse impact on the environment and qualit of 1 fe tor th res dent of the City. iJ 14*1� arisaoe: Any feedlot, other than those which are prohibited, may request a variance in accordance with Section 20-5 of this Chapter where rules may not apply or create a unique hardship due to conditions not created by Q the feedlot operator or owner. 20-38-6t nMoyjcLTIcui RzgQSRmUNT: 6 A. A map or aerial photograph indicating dimensions of a, feedlot, showing all existing homes, buildings, lakes, ponds, water courses, wetlands, dry runs, rock outcroppings, roads, wells, contour and surface water 0 drainage encompassing the maximum setback distances of Chapter 20-38-7. �,fu;,.c,o �a��, J C,,4 - B. A description 60 the geological condition, soil types and seasonal high water table. U 8 C. A plan indicating operational procedure, the location and y'r f ea.. specifics of proposed animal waste facilities. 7b& tity and type of effluent to be discharged from the D. Method/plan for disposal of dead animals shall be consistent with the Minnesota. Board of Animal Health /9 Com— regulations. B. Manure Utilization Plan which Will include the location Of all manure application sites, crop types, application Mf ZL, rate in gallon /acre or tons/acre, and the resulting application rate of N, P and R in pound /acre. Manure application shall not exceed agronomic rates or to build N, P and R levels beyond the soil capability of holding and utilizing them for crop use, for the prevention of leaching and potential non -point pollution problems, as determined by the Wright County Extension Educator and the Minnesota Extension Service. F. Land spreading agreements shall be provided if the )riptea, appl i cant does not own the minimum m acreage to apply to OCAy animal waste and the land application agreement must bei Mimled by all owners of , he roperty.�.� %ocJ G. thuds ed to control o mitigate odor impact u 44,v, neighboring properties. Jr► p c- u, b Ham• Any other additional information as contained in the application pp and requested by the City or Minnesota Pollution Control Agency (1PCA). I. A plan for proper closure of the facility including an estimated cost of the same. 060 o__ 20-3$-7 ORTDACK8: A. $xisting Fee4lots: Existing feedlots are exempt from he setback r quirements of this subdivisi . do-de-9U.'4Za Cyp w 7ze_" H. M*w Feedlots All new feedlots sharl comply with each and every one of the following setback requirements: Shorelande. No new feedlot shall be located within the Shoreland Districts of the City of Otsego as defined by Section 20-71 of this Chapter. 0 'M,p C. 0-1 2. Floodplain . No new feedlot shall be located within the one hundred (100) year floodplain area based on flood insurance rate maps and the flood insurance study for the City of Otsego. 3. Wells. No new feedlot shall be located within one thousand (1,000) feet of any private well, other than the feedlot owner or operator, without written permission of the private well Ia owner. No new feedlot in excess of three hundred (300) animal unite shall be located within two thousand five hundred (2,500) feet of any public well. �. Steep Slopes. No new feedlot involving open lots or partial confinement buildings shall be located within three hundred (300) feet of a steep slope as defined by this Chapter. 5. Public Parks. No new feedlot shall be located within two thousand five hundred (2,500) feet of a public park. 6. Drainage Ditches. No new feedlot shall be located within three hundred (300) feet of a County, City or private drainage ditch. ')77.4c -c-(, r7. Private Residences. No new feedlot shall be located within one thousand (1,000) feet of any residence other than the feedlot landowner or operator. No new feedlot in excess of three hundred (300) Animal Units shall be located within two thousand Live hundred (2, 500) feet of any residence other than the feedlot landowner or operator. These setbacks may be reduced with written permission of the resident's owner. 8. Church, School or Similar Facilities. No new feedlot shall be located within two thousand five hundred (2,500) feet of any church, school or similar public facility. Urban Service Area. No new feedlot shall be located within two thousand five hundred (2,500) feet of the City's designated immediate urban service area. Increased Setbacks. Any or all of these setback requirements may be increased at the discretion of the City Council in particular instances upon a factual determination that such an increase is appropriate to further the public health, safety, MO and welfare. Factors to be considered by the City Council when making such a determination shall include, but are not limited to: a. The size of the proposed feedlot or expansion. b. The nature of the manure handling or storage facilities. C. The type of animal to be house at the 01a factlity. r7' tea, tt4Q a,l.�- ltation of theaG e,prwision9 require a �jpublic hearing. 10-38-8: MWN=Z STOCKPILEAPPLICATION SSTBACZS: The following manure stockpile and application setbacks are required for all new and existing feedlots: Category Surface or Incorporated Irrigation Applied or Injected Public lake, 300 feet 100 feet -lake river, or stream i 50 feet-river/stream Public streets* 25 feet -surface 10 Peet 300 feet -irrigation Platted 300 feet -surface 300 feet Subdivisions 1,000 feet - irrigation municipal wells 300 feet 300 feet Private wells 200 feet 200 feet 100 Year Prohibited Prohibited Floodplain Public or 300 feet 100 feet private ditch Residence other 300 feet -surface** 300 feet** than landowner 1,000 feet - or operator irrigation * As measured from the outer boundary of the right-of-way ** These separation distances only apply it the occupants or the residence specifically request it in writing of the operator. C4 - �: l !i/� Iw 10-39-9e CMWITIOKLL USX psnKXTSs A. R*quiseeents A conditional use permit shall be obtained in a manner described in Section 20-4 of this Chapter whenever: 1. The proposed expansion, or modification of an existing feedlot is located within a Shoreland, Floodplain, or Wild and Scenic District. 2. A new feedlot exceeding three hundred (300) animal units is proposed. 3. The expansion of an existing feedlot is proposed where the cumulative total exceeds three hundred (300) animal units. 4. A lagoon system, an earthen storage basin or any other outdoor liquid storage structure is proposed for the storage or treatment of animal waste. S. The proposed expansion or modification of an existing feedlot is within one-half (34) mile of the City's designated iacmuediate urban service area. B. 8tAzubLZAX for Candition&I Use Permitas To protect public health, safety and welfare, the City shall impose (but not be limited to the following conditions: 1. Trees and/or shrubs are planted, as determined necess wry bV the City Council, for use as a -wivW 2. Notification to City Hall is required no less than one week prior to agitation, transfer, application, injection or incorporation of all manure products =4., W • stored for more than four weeks. - City Hall is responsible to notify all residences within a 3L mile radius of this feedlot. �•ua �u✓3. The condM11 tona4llause p zmit s 11 be in effect only as long An the Manure Utilization plan in Section 20-38-65 of this Chapter is,being followed. 4. All pollution control measures outlined in Section 20-38-5 of this Chapter are satisfactorily met. S. As required by State regulations, the applicant shall provide adequate security to ensure compliance with any or all conditions of the 12 permit, proper handling and storage of manure, and proper closure of the facility. The amount of said security shall be contained is a written agreement between the permittee and the City. 6. All applicable setback requirements of Sections 20- 38-7 and 20-38-8 of this Chapter are satisfactorily met. ' : All feedlots shall be operated in a nuisance -free Co-At.4t 0-Y'_ manner consistent with the regulations of the city and Minnesota Pollution Control Agency (MPCA). 8. The use is consistent with applicable provisions of Section 26, 27 and 51 of this Chapter. 9. The provisions of Section 20-4-2.F of this Chapter are considered and detexmined to be satisfied. 10. All conditions of approval of the conditional use permit sha11 be recorded against the property. 20-38-101 9'P- XMINDA W= WilTZ BTORAQZ DAMS, LAGOONS AND OTWM KAXMM STOP= ARW Bs $arthen storage basins, lagoons and other manure storage areas shall be constructed in . ' compliance with Minnesota Pollution Control Agency (MPGA) � r IPACILITr CLOamtNt A. sD— sible Parties: The landowner, owner and operator of any animal feedlot shall be responsible for the ongoing management of manure and the final closure of the facility include the cleaning of buildings and the emptying and proper disposal of manure from all manure holding facilities. H. Ruviron wntal Financial Assurance: Financial security shall be posted with the City in the form of escrow or Letter of Credit in an amount to be determined by State regulations in order to assure proper closure of the facility. C. Closure Plan: If a permitted feedlot operation using a manure storage system ceases operation, the owner shall subunit to the City and Minnesota Pollution Control Agency (MPCA) a closure plan. 13