05-15-96 PCCITY OF OTSEGO
PLANNING COMMISSION MEETING
MAY 15, 1996
8 P
OTSEGO CITY HALL
1. Chair Carl Swenson will call meeting to order*
Chair Swenson called the May 15, 1996 Planning Commission Meeting to order at 8PM.
ROLL CALL:
Commissioners Present: Carl Swenson, Chair, Ing Roskaft, Richard Nichols, Arleen
Nagel, Jim Kolles, Bruce Rask, Eugene Goenner.
Council representative, Larry Fournier.
Staff: Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney, Elaine Beatty,
City Clerk/Zoning Administrator; Carol A. Olson, Secretary.
Council Members Present: Mayor, Norman F. Freske, Susan Ackerman.
2. Consideration of the Planning Commission Minutes of:
A rip it 24, 1996 Workshop Meeting (Re* Feedlot Ord.):
Bruce Rask motioned to approve Workshop Meeting Minutes of April 24, 1996.
Ing Roskaft second. All in favor. Motion carried.
May 1, 1996 Planning Commission Minutes:
Richard Nichols noted corrections: PgA should read MN Rules and MMPG portions.
Pg.5 Regarding Setbacks, under 100 year floodplain,
Stockpiling column should read prohibited.
Surface or Irrigation column should be left blank.
Eugene Goenner motioned to accept the Minutes of the regular Planning
Commission Meeting of May 1, 1996 as amended.
Richard Nichols seconded. All in favor. Motion carried.
1. Amending the existing Otsego Zoning Ord., General Definitions,
Sec.l,Sec. 20-2-2.F. deleting definition. Feedlot, Commercial
2. Amending the existing Otsego Zoning Ord., General Definitions,
Sect. 20-2-2. adding definitions. Feedlot Related:
3. Amending Otsego Zoning Ord., adding definition. Park, Private and Park,
Public.
PLANNING COMMISSION MEETING OF MAY 15, 1996 cont'd Page 2
4. Amending Otsego Zoning Ord., Farm Animal Regs. Sec.2.Sec.20-27-4.E.
Chair Swenson brought Planning Commission up to date. Mr. MacArthur felt changes
significant enough to be reheard. Planning Commission will make changes and send to
City Council for any changes at which time the proposed Feedlot Ordinance will be sent
back to the Planning Commission to schedule a new hearing. Chair Swenson stated that
the Commission would go through the memo from Mr. Kirmis and Mr. MacArthur and
the updated Draft Ordinance to address any concerns.
REGARDING MEMO:
Mr Kirmis - In regard to Animal Unit definition, question is raised as to how it would
work if the setback requirements are more restrictive then state standards. Question being,
does the City want to get involved in the permitting process and compliance. Richard
Nichols stated that there would be no special permitting by the city. Goal being
enforcement handled like any other ordinance.
Mr. Kirmis read Sec.20-2-2.F. Definition # 14. Feedlot, Lot* An area or combination of
areas, within whose boundaries, physical or imagin_ ry, are located the land, buildings,
manure and feed storage: necessary for the operation of a feedlot.
The term "imaginary boundary" raises some questions and should possibly be revised.
Richard Nichols stated that the committee felt the state definition was not clear enough as
to what a feedlot lot would be. Richard read # 9 (MN Rules 7020.300 Subp.3, Definition
Feedlot, Animal, and suggested deleting definition # 14. Chair Swenson asked Bob
Kirmis if definition # 14 should be struck from definition list. Answer yes. All agreed.
5. Amending Sec. 20-38-1. through 20-38-12. of the Zoning Ord. to add
Feedlot Regs.
Mr. Kirmis Read Feedlot Regulations Section 20-38-1: PURPOSE: Mr. MacArthur
stated that in the beginning we did not know what would come out of this in regard to
reinforcement, setbacks or relationship to goals of the Comprehensive Plan. PURPOSE
should be expanded to reinforce the ordinance's alternative purposes of ensuring land use
compatibility, fulfilling the intent of the City's Comprehensive Plan, provide protection
from pollution and to promote the land use compatibility. Chair Swenson asked Mr.
Kirmis if a statement could be added to the ordinance. Mr. Kirmis agreed that a statement
be added regarding goals and intent. It was agreed that such a statement be added to the
Purpose amending Sec.20-38-1. on page 6.
PLANNING COMMISSION MEETING OF MAY 15, 1996 cont'd Page 3
MPCA Permit Requirements. Sec.20-38-2: on page 7, regarding the fifty (50) AU.
According to the information we have, ten (10) AU or greater is subject to State
permitting.
Richard Nichols - The committee had gotten a copy of a change in MN rules and fifty (50)
AU (unless in shoreland district which is ten (10). He spoke with Don Houge. They are
using fifty (50) AU and ten (10) AU in shoreland districts, but whether it has been adopted
or not is unclear. Mr. MacArthur - had a copy of the last MN Rules and it is not a change.
Suggested the city go with original MN Rules 7020.0500 Subp.l. and under Sec20-38-2:
recommended that A, B, and C be struck and that D be re -added, because it is required
under the current rules and regulations.
Sec.20-38-8: MANURE STOCKPILE/APPLICATION SETBACKS: Mr. Kirmis-
Regarding stockpile setback requirements related to Platted Subdivisions, there are no
state requirements, but 300 ft. is recommended. The double asterisk regarding written
request is acceptable. There is a provision currently in the ordinance for a 200 ft.
separation we will need to change this if the Planning Commission plans to go ahead.
It was agreed to come back to setbacks.
REGARDING DRAFT ORDINANCE:
Chair Swenson stated again that the Draft Feedlot Ordinance would be gone over page by
page starting with page one.
Page 1 None
Page 2 Richard Nichols - under # 6, the word or is not in the MN
Rules and asked for Mr. MacArthur's recommendation. Mr.
MacArthur recommended that it be as written in MN rules.
All agreed.
Eugene Goenner - What constitutes a new feedlot and when is it
considered an expansion or change in operation. Mr. Kirmis said
a statement could be added under New Animal Feedlot Definition,
feedlots which expand upon contiguous commonly owned property
does not constitute a new feedlot. It was agreed that Mr. Kirmis
would work on this.
Eugene Goenner - On the Animal Unit chart a calf is not listed.
Richard Nichols read Permitted facilities State printout and they use
1000 lbs. It was agreed that Mr. Kirmis would add a definition.
Page 3 None
Page 4 None
PLANNING COMMISSION MEETING OF MAY 15,1996 cont'd Page 4
Page 5 Gene Goenner - regarding Private and Public Parks, felt it should
read excluding lineal trails. It was agreed Mr. Kirmis would add
language to exclude lineal trails.
Page 6 None
Page 7 Richard Nichols - under Sec.20-38-2 regarding the word
permitting of feedlots. Could the word allow be used
instead of word permit. Mr. MacArthur stated allowance of feedlot
would work as the language. It was agreed that the language be
changed to substitute the word allowance for the word
Permitting.
Page 8 Richard Nichols - under Sec.20-38-3. has the word permitted.
Changing word to allowed. Recommended substituting the word
applicable for minimum.
Eugene Goenner - questioned Sec.20-38-2:1), added from MMPG.
It was agreed to strike D, and E.
Chair Swenson - Sec.20-38-4:Chart - It was agreed to have two
columns marked NEW and EXISTING.
Chair Swenson - Any problems with:
Immediate Urban Service Area - None
Long Range Urban Service Area - Eugene Goenner felt
500 ft. too restrictive for existing
After much discussion it was agreed to keep setbacks as
written and the number of AU under NEW be 300 and for the
LRUSA 600 AU.
Rural for New - 750 AUand for EXISTING - CUP
Page 9 Gene Goenner - Sec.20-38-5:G.Odors: - concern is to what degree
are odors to be minamized.
Richard Nichols - according to the odor management plan
requirements.
Page 10 None
Page 11 Eugene Goenner - Sec.20-39-7.A.Existing Feedlot:
Existing Feedlots are exempt from the setback requirements of this
Char, question regarding expansion - Mr. Kirmis explained
existing are grandfathered but if expansion occurs it needs to
comply with setbacks.
PLANNING COMMISSION MEETING OF MAY 15,19% cont'd Page 5
Richard Nichols - Minutes for 4-24-96
Committee agreed on 200 ft. for IUSA, 500 ft. for LRUSA
Unless in Floodplain or Shoreland.
An expansion may not increase the non -conformity using New
Feedlot setbacks to establish the non -conformity. All agreed to Mr.
Kirmis adding a paragraph to Sec. 20-38-7:A. regarding Existing
Feedlots.
Eugene Goenner - question regarding reverse setback requirements
encroaching on an existing feedlot. Mr. MacArthur
did not recommend adding language regardingthis due to the
legality.
Page 12 None
Page 13 Richard Nichols - Concern with numbers under Stockpile manure
column. Stockpiling prohibited in floodplain. Much discussion
regarding adding stockpiling definition, number of feet from public
lake, river, or stream and prohibited in floodplain. Consensus was
to leave chart as is.
Page 14 None
Page 15 None
Page 16 None
Page 17 None
Chair Swenson stated that the consensus is for staff to incorporate changes.
Chair Swenson opened the public hearing.
Greg Lefebvre - Will this be the last time for public comment.
Mr. MacArthur - Recommended scheduling a new public hearing. The document will go
to City Council for review, make any changes and to reschedule a hearing.
Carol Holland will new data be allowed or is that closed.
Carl Swenson - we have the material, we have heard the verbal testimony. The next
hearing will be a new hearing all information will be used.
PLANNING COMMISSION MEETING OF MAY 15, 1996 cont'd Page 6
Greg Lefebvre - Page 10 Sec.20-38-6: INFORMATION REQUIREMENT:
What is that information requirement for. Second question - was the Extension Educators
information handed out to the commission.
Richard Nichols - In answer to the first question. This information is for the city to check
on an operation. Chair Swenson - Second question, this was discussed with our attorney.
The material was improperly presented so was not handed out. Mr. MacArthur noted that
number 14 is the standard for a CUP. They are not information submittals they are
requirements. They are taken from permitted County Ordinance, but the City has the
discresion what they want to take into account.
Ann Bentz - There are only two permitted feedlots over 1,000 AU in the County, why are
we considering feedlots over 1,000 AU within the City. Chair Swenson - you've heard the
process by which we arrived at that.
Mark Lefebvre - felt it is a mistake to limit AU to 1,000. It comes down to management of
those feedlots. Putting a limit on size is a big mistake.
Chair Swenson closed the public hearing. Staff will prepare the document for action at the
next meeting.
Richard Nichols had a question for Mark Lefebvre. I agree with your premise that the real
issue is management, but how does the city assure good management without limits.
Greg Lefebvre - The CUP process, and Impact statement addresses concerns.
Item 3.5. Amending Sec. 20-51 -D of the Zoning Ord, (A- I Dist, Cond. Uses.)
Item 4.A. Otsego Zoning Ord- regarding Accessory & TemD- Outdoor Sales & Events
continued to June 5, 996
5. Adjourn
Ing Roskaft motioned to adjourn. Bruce Rask seconded the motion. All in favor.
Motion carried. Meeting ended at 11:00 PM.
Bruce Rask, Secretary
Recorded by: Carol A. Olson