HomeMy WebLinkAbout#22 - Zoning Text Amendment & CUP to allow for a Commercial Boarding Facility509021v1 SJS LA515-1
STAFF REPORT
DATE: 10/17/17
REGULAR
ITEM #: 21
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Zoning Text Amendment to allow Commercial Boarding Facilities as a Conditional Accessory Use in the Agricultural Zoning District; Zoning Map Amendment to rezone a property to Agricultural; Conditional Use
Permit request to allow a Commercial Boarding Facility as an accessory
Use in the Agricultural Zoning District; and a Conditional Use Permit to Allow Expansion of an Existing Feedlot within the Shoreland District REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: At its October 3, 2017, the Council considered the following requests from Mare Affair Farm, LLC:
• A Zoning Text Amendment to allow Commercial Boarding Facility as a conditional accessory use within the Agricultural Zoning District. • A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to Agricultural. • A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use
at the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001). • A Conditional Use Permit for expansion to an existing feedlot within a shoreland area. The Council tabled this item at its previous meeting in order to allow City staff to discuss questions that the Council had with the Applicant.
ISSUE BEFORE COUNCIL:
The Council is being asked to review and make recommendation on the following requests: • A Zoning Text Amendment to allow Commercial Boarding Facility as a conditional accessory use within the Agricultural Zoning District.
• A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID#
14.02.292.21.11.0001) from Rural Development Transitional to Agricultural. • A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001). • A Conditional Use Permit to allow expansion of an existing feedlot within the shoreland.
PROPOSAL DETAILS/ANALYSIS: Stormwater Pond. Staff and the Applicant met on October 5, 2017 to discuss the possibility of a regional stormwater pond on the property. Staff discussed options such as ponding or infiltration
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basin as well as different layouts possibilities. The Applicant wanted more information as to the
design of the proposed stormwater pond, but Staff had indicated that a detailed design is not
usually done until it is known that the property will be acquired in order to design specifications according to the land provided. The Applicant expressed concerns that the stormwater pond would attract mosquitoes, cause a safety hazard for children and the horses, and that it would encroach too closely to the existing home and future proposed barn and arena.
Chavez Land Locked Parcel. To the southwest of the residential development and on the west
side of the Schiltgen Farm, is the Chavez property. For some time, Mr. Chavez has been seeking
access to his landlocked parcel. It is unclear to Staff if the Chavez property is buildable. The
property is subject to shoreland and Rural Residential setback requirements, septic area and
setback requirements. Mr. Chavez is requesting access through the subdivision of the Schiltgen
Farm Property. Staff has suggested two stubs from the proposed residential property to the
Schiltgen parcel, one which might provide future access to the Chavez parcel.
Trail. The County’s trail plan indicates a trail along Lake Elmo Avenue (CSAH 17). The Applicant has indicated that providing a trail would not be in the property’s best interest, as the increase in foot traffic could negatively affect the horses.
Comprehensive Plan 2040 Update. While the above-mentioned are needs of the City, these land
use applications do not create a nexus that could require the Applicant to provide stormwater
ponding, trails, or access to the land-locked parcel. However, it may prompt the City to reconsider if the Rural Area Development land use is the most appropriate use of this parcel and update the Comprehensive Plan during the 2040 update process. If this is the case, it would not be in the City’s best interest to rezone the property or allow a use that would inhibit development within the
fairly near future.
Residential
Development
Schiltgen
Farm
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MUSA. The property is also within the Metropolitan Urban Service Area (“MUSA”) on the City’s
Comprehensive Land Use Map. The MUSA describes the areas of the City that are eligible to
receive urban utilities. Agricultural property does not utilize municipal services so rezoning the property to Agricultural may be inappropriate because of the property’s location within the MUSA. The property’s current zoning designation (RT- Rural Development Transitional) is more appropriate as the RT – Rural Development Transitional District is a holding zone for properties
that will connect to regional sewer service.
OPTIONS:
The Council may:
•Deny all requests, with the exception of the conditional use permit for the expansion of anexisting feedlot.
•Approve all requests.
•Amend findings of fact as proposed by Staff for any Resolution and adopt Resolutions asamended.
RECOMMENDATION:
Staff recommends that the Council consider whether or not the subject parcel should be re-guided during the 2040 Comprehensive Plan Update. If it is felt that the subject parcel would be better suited for a different land use other than Rural Area Development and the Council wishes to deny the Zoning Map Amendment to further consider appropriate use of the parcel during the 2040
Comprehensive Plan update, Staff recommends in that event that the Council also deny the
requested Zoning Text Amendment and the requested Conditional Use Permit for a commercial boarding facility, as the request was to allow commercial boarding facilities as a conditional accessory use within the Agricultural zoning district, and the property would remain Rural Development Transitional.
In the event that the Council denies the Zoning Map Amendment, the Zoning Text Amendment and the Conditional Use Permit, it is still recommended that the Council approve the conditional use permit for the expansion of an existing feedlot within the Shoreland Management Overlay District as this request is independent of the other requests, meaning that the other requests do not
need to be approved in order to grant the conditional use permit. City staff does not see any reason
for the City to deny this permit, as all conditions have been or will be met.
“Move to adopt Resolution 2017-117 A Resolution Denying a Zoning Map Amendment for the Property Located at 10880 Stillwater Boulevard North.”
“Move to adopt Resolution 2017-118, A Resolution Denying a Zoning Text Amendment to
Amend the City’s Zoning Code to Allow Commercial Boarding Facilities as a Conditional
Accessory Use Within the Agricultural Zoning District.”
“Move to adopt Resolution 2017-106, A Resolution Denying a Conditional Use Permit for a
Commercial Boarding Facility for the Property Located at 10880 Stillwater Boulevard North.”
“Move to adopt Resolution 2017-105, A Resolution Approving a Conditional Use Permit for Expansion of an Existing Feedlot within the Shoreland Management Overlay District.”
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If the Council wishes to approve all requests, Staff recommends the following motions:
“Move to adopt Ordinance 08-187, An Ordinance to Amend the Lake Elmo City Code by
Amending the Official Zoning Map of the City of Lake Elmo to rezone 10880 Stillwater Blvd North from Rural Development Transitional to Agricultural.”
“Move to adopt Ordinance 08-188, An Ordinance Amending the Lake Elmo City Code of
Ordinances by Adding Commercial Boarding Facilities as a Conditional Accessory Use within
the Agricultural Zoning District.”
“Move to adopt Resolution 2017-106, A Resolution Approving a Conditional Use Permit for a Commercial Boarding Facility for the Property Located at 10800 Stillwater Boulevard North.”
“Move to adopt Resolution 2017-105, A Resolution Approving a Conditional Use Permit for Expansion of an Existing Feedlot within the Shoreland Management Overlay District.”
ATTACHMENTS:
•10/3/17 Mare Affair Requests Council Item
STAFF REPORT
DATE: 10/3/2017 REGULAR ITEM
ITEM#:
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Zoning Text Amendment to allow Commercial Boarding Facilities as a Conditional Accessory Use in the Agricultural Zoning District; Zoning Map Amendment to rezone a property to Agricultural; Conditional Use Permit
request to allow a Commercial Boarding Facility as an accessory Use in the Agricultural Zoning District; and a Conditional Use Permit to Allow Expansion of an Existing Feedlot within the Shoreland District
REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City Council is being asked to consider a request by Mare Affair Farm, LLC (Peter Schiltgen and Molly Schiltgen) for the following:
•A Zoning Text Amendment to allow Commercial Boarding Facility as a conditional
accessory use within the Agricultural Zoning District.
•A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001)from Rural Development Transitional to Agricultural.
•A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at theproperty located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001).
•A Conditional Use Permit for expansion to an existing feedlot within a shoreland area.
GENERAL INFORMATION:
Applicant: Mare Affair Farm, LLC
Property Owners: Schiltgen Farms Inc.
Location: 10880 Stillwater Blvd N
Existing Land Use: Single Family Residential and Agricultural
Surrounding Land Use: Vacant land zoned Rural Development Transitional to the North; Open Space Development and Sunfish Lake to West; Vacant land
zoned Rural Development Transitional to the South; and school and daycare zoned Public Facilities and Village Mixed Use, respectively, to the East.
Existing Zoning: Rural Development Transitional
Comprehensive Plan: Rural Area Development
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History: Property is 137.18 acres of a historic Dairy farm that has been such since area was settled. Property is currently used as a horse farm with animals housed in non-utilized dairy barn.
Deadline for Action: Application Complete – 8/18/2017 60 Day Deadline – 10/17/2017 Extension Letter Mailed – N/A 120 Day Deadline – N/A
Applicable Regulations: Article III – Administration and Enforcement Article XII – Specific Development Standards Article V – General Regulations Article VI – Environmental Performance Standards
Article XI – Rural Districts
ISSUE BEFORE THE COUNCIL:
The Council is being asked to review and make recommendation on the following requests:
•A Zoning Text Amendment to allow Commercial Boarding Facility as a conditionalaccessory use within the Agricultural Zoning District.
•A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001)from Rural Development Transitional to Agricultural.
•A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at the
property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001).
•A Conditional Use Permit to allow expansion of an existing feedlot within the shoreland.
PROPOSAL DETAILS/ANALYSIS:
ZONING TEXT AMENDMENT
History-Removal of Commercial Stables from Zoning Code. On June 14, 2016, the Council voted
to remove cemeteries, commercial kennels, commercial stables, and golf courses from the Zoning Code as allowed uses. Prior to this, commercial stables were allowed as a principal conditional use in the Agricultural Zoning District. This Zoning Text Amendment was originally initiated by a request by the City to remove cemeteries as an allowed use within the Rural zoning districts, which lead to a larger look at the uses within the Rural zoning districts. During consideration of the aforementioned
request, the City also removed previously mentioned uses within the rural districts.
Justification by the Comprehensive Plan. The Comprehensive Plan specifically states that existing agricultural uses and qualifying alternative uses that preserve the open space within the community shall be support, and that these uses shall be encouraged to continue operations and to retain large
land holdings that contribute to operating efficiency. Commercial stables as accessory conditional uses would allow properties zoned Agricultural to do just this.
Use of the term Commercial Boarding Facility Instead of Commercial Stable. In order to be
considered an agricultural property by State Statute definition, the property is limited to uses as outlined in 273.13: Subd. 23.Class 2, which allows commercial boarding of horses, which may
include related horse training and riding instruction, if the boarding is done on the property that
is also used for raising pasture to graze horses or raising or cultivating other agricultural products
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as defined in clause (1). As such, the Applicant wishes to use the term Commercial Boarding
Facility rather than Commercial Stable, as was previously used within the Zoning Code.
Proposed Definition. The definition of Commercial Stable that previously existing within the Zoning Code is as follows: the boarding, breeding or raising of horses or ponies not owned by the
owner or occupant of the property or riding of horses by other than the owner or occupant of the
property and their non-paying guests. Included in this definition are riding academies. The proposed definition of Commercial Boarding Facility amends the previous definition as follows:
“The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property, or in addition to horses owned by the owner or occupant, which may include related
horse training and riding instruction of horses by for those other than the owner or occupant of
the property and their non-paying guests. Included in this definition are riding academies.” Note:
Riding academies was eliminated from this definition, as the code does not provide a definition of riding academies, and the thought is to provide riding instruction exclusively for horses that are boarded on site, in order to prevent constant transportation of new horses in to the site.
Standards. While the definitions and allowed use categories of commercial stables were removed from the Zoning Code in 2016, the standards for commercial stables still remain. The following are the standards for commercial stables:
Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR Districts. The
facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required.
Because of State Statute definitions, Staff also recommends that a standard be included:
Boarding must be done on property that is also used for raising pasture to graze horses or raising or
cultivating other agricultural products.
Zoning Text Amendment Proposed Language. Please see attached draft proposed Ord. 08-___ for specific proposed language.
Properties to Which This Text Amendment Would Apply. If commercial boarding facilities were
to be allowed as a conditional accessory use within the Agricultural zoning district for properties over ten acres, the attached map shows properties this zoning text amendment would affect.
ZONING MAP AMENDMENT
Rezoning. The property is currently zoned Rural Development Transitional, and the Applicant is proposing to rezone the property to Agricultural.
Allowed uses include (P=Permitted, C=Conditional, and I=Interim):
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Consistency with the Comprehensive Plan. The Comprehensive Plan guides this parcel as Rural Area Development. This category represents the large areas of rural residential development and
agricultural uses within the City. Common uses found in these areas include working farms, alternative agricultural uses as defined by City Code, and rural single family detached residences. Development in these areas requires 10+ acres, or a conditional use permit to authorize a cluster development meeting the City’s Preserved Open Space regulations. Corresponding zoning districts include Agricultural and Rural Residential.
Additionally, the property is within the Village Open Space Overlay District. Specifically, the area surrounding Sunfish Lake is designated as a Natural Resource Preservation Area, which is an area considered to be of high environmental and aesthetic value, which allows uses such as passive recreation, trails, natural areas, and other activities or uses that are consistent with passive recreation.
The remaining area of the property is designated as a Rural Preservation Area, which is an area within the Village historically utilized for agricultural purposes, and allows uses including active farming, passive recreation, trails, public gathering spaces, natural areas, natural water courses and other amenities that are consistent with agricultural use or character.
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The Comprehensive Plan specifically states that “For all parcels that are designated with rural land use categories (RAD and RS), the open space overlay does not impact the use of the property. In other words, lands that are guided and zoned for rural use may function normally under the same
rural zoning districts as before the inclusion of the open space overlay. For example, parcels that are within Rural Preservation or Natural Preservation Areas will maintain their Agricultural, Rural Residential or Rural Single Family zoning designation. The regulations of these zoning districts will remain the same regardless of the Village Open Space Overlay.”
Metropolitan Urban Service Area (MUSA). This parcel is within the City’s MUSA. It does not
make good sense for properties within the MUSA to be guided as Rural Area Development, as properties within the MUSA need to be developed at a minimum density of three units per acre. This is something that has come up in discussions regarding the City’s 2040 Comprehensive Plan update. If the property were to develop, it would require connecting to sewer, and a Comprehensive Plan
Amendment to re-guide the parcel in the Land Use Plan to a higher density use classification and then be rezoned to a higher density to accommodate the city’s overall average units per acres within the MUSA.
Stormwater Ponds. The property owner has previously been approached about stormwater ponding
to serve the Village Area in the past. A previously proposed stormwater pond on the southeast portion of the site was quite large and almost approached the existing home. The applicant was recently re-approached about this ponding and communicated that it may be amenable to work with
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the City on providing area for a stormwater pond, provided the design works for both the City and property owner.
Trail. The County’s trail plan indicates a trail along Lake Elmo Avenue (CSAH 17). The Applicant
has indicated that providing a trail would not be in the property’s best interest, as the increase in foot traffic could negatively affect the horses.
CONDITIONAL USE PERMIT – COMMERCIAL BOARDING FACILITY
Definition Comparison Private vs. Commercial.
• Stable, Private. The keeping, breeding, or raising of horse or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.
• Commercial Boarding Facility. The Zoning Code used to define a commercial stable as the boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and
their non-paying guests. Included in this definition are riding academies.
Because the applicant has specifically requested that there be horses on the property other than the owner’s horses, including the trainer’s horses, farm hands’ horses or boarders to offset the operating costs, the proposed use is a commercial boarding facility, which, if the previously discussed Zoning Text Amendment and Zoning Map Amendment are approved, would be
allowed as a conditional use within the Agricultural Zoning District.
Property Size. The property consists of 158.18 acres. The City has received a Concept Planned Unit Development Plan for the properties to the north, which will include a subdivision of the subject property, decreasing the total number of acres of the subject property. The Comprehensive Plan Land Use Map, below, shows generally how the parcel will be split, though the exact remaining number of acres is unknown. The recommended Zoning Text Amendment creates a standard that a property housing a commercial stable be at least ten acres in size, and this parcel would meet that standard.
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Proposed Buildings. The applicant is proposing to remove two existing sheds and construct 72’ x 200’
indoor riding arena with an attached 72’ x 96’ horse barn, a 3000 square foot commodities storage building and a 3000 square foot equipment storage building. The barn would have 12 box stalls, wash stalls, groom stalls, tack room, rest rooms, office/lounge and short term feed and hay storage, and would
primarily house owner’s horses. There may be some non-owner’s horses housed i.e.: trainer’s horses, farm hands horses or boarders to offset operating costs.
Setbacks. The Applicant has indicated that the proposed setbacks of the agricultural buildings are at least
200 feet as required by the Zoning Code. Outdoor exercise areas are shown to located at least 100 feet from adjacent properties as required.
Septic Permit. Because the applicant is proposing bathrooms in the barn area, a septic permit will likely be required by the county. As such, it is a recommended condition of approval that the applicant obtain all applicable, required permits from Washington County.
Number of Accessory Structures. The size and number of accessory structures on rural properties of over 40 acres is generally unregulated. To be allowed additional accessory buildings beyond two
total buildings, the buildings must be agricultural buildings as long as the buildings meet the
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definition of agricultural buildings, which are defined as accessory buildings or clearly serve an agricultural purpose by the judgement of the city. The Building Official comments below outline that the proposed indoor riding arena, horse barn, commodities storage building and equipment storage
building would be considered agricultural buildings, provided they include no living space or have spectators.
Impervious Surface. 8,541 square feet of current impervious surface will be removed through the removal of two sheds from the site. The proposed riding arena, attached barn, and two storage
buildings will total 29,379 square feet, resulting in a 20,835 square feet net increase of impervious surface. Addition of impervious surface of over 6,000 square feet requires a Valley Branch Watershed District permit.
Parking Requirements. 1 space per employee on the largest shift plus 1 space per 6 animals. The site
currently has sufficient parking spaces for a residential use, as two spaces are required for residential uses, and there exists a driveway and garage on the property. There will be one trainer and 15 horses, so four additional parking spaces are needed. The Applicant has indicated there will be ten parking spaces in
front of the barn, and so this standard has been met.
Animal Ordinance. Section 95.060 of Chapter 95: Animals of the City Code prohibits horses from traveling on any hard-surfaced street or public road or within any public right-of-way and running at
large. The number of horses one property may have is limited to one horse per two grazable acres. It is a recommended condition of approval that the applicant provide the number of grazable acres, verified by a reliable source, and that the number of horses allowed be based on this number.
Manure Management. Manure will have substantial amounts of absorptive bedding materials mixed in with manure. Manure will be stored/composted in a concrete bunker until conditions are favorable for manure to be spread for fertilizer on adjacent fields. The University of Minnesota Extension Services recommends this methodology, provided proper composting practice is followed. The applicant has not provided the location of where manure will be stockpiled and composted. It is a recommended condition of approval that the applicant provide clarification regarding the composting activities and locations on the site so that the conditional use permit accurately reflects activities occurring on the site.
Landscaping. The narrative indicates that none of the current landscaping items will be removed, there will be no additional landscape items added. It is a standard that landscaping may be required to screen outdoor riding areas.
Caretakers. The narrative indicates that caretakers will live on the site. There will be no additional human living space in the new building. Caretakers will either live in one of the two Applicant’s existing homes (one on the north side of Stillwater Blvd and one on the south side of Stillwater Blvd (on a different parcel)), or they will live offsite.
Shoreland District – Minnesota Department of Natural Resources (MNDNR) Review. The application was sent the MNDNR, as the proposed commercial boarding facility is within the Sunfish Lake shoreland district. The MNDNR replied that they had no comment regarding the application. The proposed buildings setbacks are well over the required 100 feet from the Ordinary High Water Level of Sunfish Lake (924).
Minnesota Pollution Control Agency (MPCA) Review. The MPCA reviewed the application and
confirmed that feedlot permit is not required under Minnesota Rules Chapter 7020 (feedlot rules) of a feedlot unless there will be 300 or more horses on the site. The MPCA did, comment, however that the rules prohibit a feedlot, including a stable or paddock, within a shoreland or floodplain. The Chapter 7020
definition is below. The City’s Zoning Code’s Shoreland Overlay Management District does allow
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expansion of an existing feedlot, however. This is explained further in the next section entitled
Conditional Use Permit – Expansion of an Existing Feedlot within a Shoreland.
Subp. 3. Animal feedlot.
"Animal feedlot" means 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 the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
Traffic - Washington County Review. The application was sent to Washington County for review. The
narrative indicates that the existing driveway will be utilized without the need for any modifications. Additional truck traffic loads will be limited to horse transport vehicles and purchased feed/ bedding delivery trucks. Additional truck traffic will be less than 2 per week. Care takers will live on the property, so passenger vehicle traffic will be no more than a typical residential driveway. The farm is dissected by Stillwater Blvd. Currently equipment and commodities are located on both sides of Stillwater Blvd. which requires movement of farm equipment across Stillwater. Proposed plan would locate commodities and equipment on north side of Stillwater Blvd. to reduce the need for farm equipment to cross Stillwater Blvd. Washington County was sent the application but at the time of writing this memo, Staff has not received review comments but had received clarifying questions, which were answered immediately. It is a recommended condition of approval that conditions outlined in a Washington County Review Memo be adhered to.
Building Official Review. The Building Official reviewed the initial application, which showed that there would be a break room with a kitchen, which could be interpreted to be a living space, which would not allow the building to be considered an agricultural building by state statute. It was also unclear at the time if there would be spectators in the arena. Connection to water and sufficient sanitary sewer, as well as proper fire protection requirements per the use and occupancy per the
Minnesota State Building Code (including fire sprinkler and fire hydrants) and apparatus access to and around the site would be required. The plans have since been updated, and the area has been converted to a meeting room as shown on the plans being reviewed tonight. Additionally, the applicant has indicated that there will be no spectators or public events in the arena. The Building
Official has indicated that the updated plans and clarification about spectators and stated that the building may be considered an agricultural building according to the definition below from state statute. A recommended condition of approval is that there be no spectators or public events in the arena.
Engineering Comments. The City Engineer has reviewed the proposed conditional use permit and summarily has the following comments. Comments can be viewed on the attached 10880 Stillwater Blvd – Mare Affair Farm Site Improvements Plan Review memorandum dated August 18, 2017.
•Engineering Review. Will be required for engineering site improvements.
•Stormwater Management.
o The applicant must submit a copy of the Valley Branch Watershed District (VBWD)
permit application, hydroCAD model and permit approval to the City.o A stormwater management plan (SWMP) is not required by the City, as the newimpervious surface is less than one acre.o Site improvements will require a grading plan and erosion control plan meeting allCity and VBWD requirements.
•Water Supply. Any site plan must include the location of all wells on the site.
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• Wastewater Management. Any site plan must include the location of capacity of any on‐site
septic systems.
• Streets and Transportation. The application should be provided to Washington County Public Works for review and comment.
Recommended Findings. In order to approve a conditional use permit, the city is required to find the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The proposed use will not increase truck traffic my more than two trucks per week. There currently exist horses on the property, and the building will house them indoors, decreasing the likelihood that horses will escape. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
proposal is consistent with the Comprehensive Plan in that the property is guided for Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. The proposed use meets specific development standards currently set forth within the Zoning Code for a commercial stable in that it is at least ten acres in size, and the City does not find it necessary that the outdoor exercise area be screened through landscaping or other means. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is within the City’s shoreland, which prohibits new feedlots. Expansions to an existing feedlot are allowed by conditional use permit.
6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in character and design to the existing home and barn on the property 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on potable water
supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided
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this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned. 9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community. The proposed use will not create additional requirements for public facilities and services, provided the use does not include spectators. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Traffic to the site is expected to be minimal, and visits are expected to be short. Minimal noise is expected to come from the site, short of the sounds of unloading and loading items. Hazardous materials are prohibited from being stored on site, and lighting has been evaluated and determined to not cause a nuisance as proposed. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The Applicant has indicated that additional truck traffic will increase by only two trips per week. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will be a modernization and expansion of an existing scenic feature within Lake Elmo. Recommended Conditions. Based on the aforementioned, Staff and the Planning Commission
recommend approval of the requested Conditional Use Permit for a Commercial Boarding Facility for the property located at 10880 Stillwater Blvd, subject to the following conditions of approval:
1) The City shall approve the Zoning Text Amendment to allow commercial boarding facilities as conditional accessory uses within the Agricultural zoning district; the Zoning Map
Amendment to rezone the property from Rural Development Transitional to Agricultural; and a Conditional Use Permit to allow for an expansion to an existing feedlot within the shoreland district. 2) Applicant shall obtain all necessary permits including but not limited to all applicable city
permits (building, grading, sign, etc.), MPCA approvals and/or permits, NPDES/SWPPP
permits, Valley Branch Watershed District (VBWD) approval. 3) Applicant must address all engineering review comments outlined in the Engineering Memo dated August 18, 2017. 4) Applicant shall update the plans to address potable water supply to the facilities, indicating
the location of all wells on site; include the location and capacity of any on-site septic systems; and include grading and erosion control plan meeting all City and VBWD requirements. All plans must be approved by the City. 5) The Applicant shall provide written confirmation from the Minnesota Pollution Control
Agency (MPCA) that no MPCA permits are required for the proposed use. The Applicant shall obtain all applicable, required MPCA permits and/or approvals and submit a copy to the City. 6) The Applicant shall obtain a septic permit from Washington County if necessary or provide verification from Washington County that a septic permit is not required.
7) The Applicant shall provide the number of grazable acres, verified by a reliable source, and the number of horses allowed shall be based on this information, as allowed by the City’s Animal Ordinance. Any expansion to the feedlot will require an amendment to this Conditional Use Permit.
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8) The Applicant shall adhere to requirements outlined in the Washington County Review memo dated September 7, 2017. 9) Any significant change to the site plan dated September 6, 2017 shall require an amendment
to this conditional use permit. 10) A manure management plan clarifying composting activities and locations on the site shall be provided to the city, and such activities on the site shall be carried out according to this plan. 11) The arena must not be available to spectators and must not include bleachers or seating of any kind. Public events or shows will require an amendment to this Conditional Use Permit.
CONDITIONAL USE PERMIT – EXPANSION OF AN EXISTING FEEDLOT WITHIN A SHORELAND
Reason for Request. As previously mentioned, expansion of an existing feedlot within a shoreland requires a conditional use permit per Section 154.800: Shoreland Management Overlay District of
the Zoning Code. The specific language regarding expansion of existing feedlots is as follows:
c. New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards. Responses
to these standards in regards to the proposed application are italicized below:
i. Feedlots must be designed consistent with Minnesota Rules Chapter 7020;
Staff Comment: It is a recommended condition of approval that the applicant submit
and have reviewed by the MPCA to determine there are no conflicts with their
regulations a Notice of Construction or Expansion of an Animal Feedlot with less than 300 Animal Units. The applicant has provided the MPCA such notice, but at the time of writing this memo, the notice was incomplete, as the MPCA required more information.
ii. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units or more; and,
Staff Comment: The proposed expansion to a feedlot does not further encroach into
the existing ordinary high water level setback or bluff impact zone and is not
expanding to a capacity of 1,000 animal units.
iii. Old feedlots not currently in operation may resume operation consistent with Minnesota
Statute Section 116.0711.” Staff Comment: The feedlot is currently in operation, so this standard does not apply. Recommended Findings. In order to approve a conditional use permit, the city is required to find
the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Provided the MPCA sees no issues with the proposed expansion, the proposed expansion of an existing feedlot will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided
for Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. Provided the MPCA sees no issues and a Valley Branch Watershed District permit is obtained, it will not negatively impact natural resources.
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3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed expansion meets standards set forth for expansions to existing feedlots as set forth in Section 154.800 (C) (6) (c) of the Zoning Code. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through
154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located within the City’s Shoreland District but meets standards required for an expansion to an existing feedlot within the City’s shoreland district. 6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in character and design to the existing home and barn on the property 7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on
potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the
community. The proposed use will not create additional requirements for public facilities and services, provided the use does not include spectators. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Traffic to the site is expected to be minimal, and visits are expected to be short. Minimal noise is expected to come from the site, short of the sounds of unloading and loading items. Hazardous materials are prohibited from being stored on site, and lighting has been evaluated and determined to not cause a nuisance as proposed. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The Applicant has indicated that additional truck traffic will increase by only two trips per week.
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12. The proposed use will not result in the destruction, loss or damage of a natural or scenicfeature of major importance. The proposed use will be a modernization and expansionof an existing scenic feature within Lake Elmo.
Recommended Conditions. Based on the aforementioned, Staff and the Planning Commission recommend approval of the requested Conditional Use Permit for expansion to an existing feedlot for the property located at 10880 Boulevard North, subject to the following conditions:
1. The Applicant shall provide the Minnesota Pollution Control (MPCA) a complete Notice of
Construction or Expansion of an Animal Feedlot with less than 300 Animal Units andprovide the City proof from the MPCA that there are no issues with this expansion.2. Applicant must address all engineering review comments outlined in the Engineering Memodated August 18, 2017.
Planning Commission Review. The Planning Commission reviewed the proposed Zoning Text Amendment, Zoning Map Amendment and two Conditional Use Permits at its meeting on September 11, 2017. The Planning Commission had the following comments:
•There was concern about the manure storage and that it should be located outside of the
shoreland district. However, it was ultimately decided as a majority that requiring manurestorage outside of the shoreland would cause difficulty for the applicant in dealing withtransporting the manure to a fairly far distance from the barn.
•That a finding should be added to the Conditional Use Permit for the Commercial BoardingFacility that the parcel should be removed from the MUSA. This was added to the proposed
Resolution approving the Conditional Use Permit for the Commercial Boarding Facility,attached.
•That the outdoor exercise area does not need to be screened with landscaping or other means.
•Three people spoke at the public hearing: one questioned impact to his landlocked parcel andtwo expressed support of the project.
•The Commission recommended approval of the proposed Zoning Text Amendment, ZoningMap Amendment and two Conditional Use Permits subject to recommended conditions of
approval, all with votes of 7-0.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the requested Zoning Text Amendment, Zoning Map Amendment, and Conditional Use Permits, subject to applicable recommended conditions of approval as recommended by Staff. The Staff-recommended recommendation may be
made through the following motions:
“Move to adopt Ordinance 08-188, approving a Zoning Text Amendment to allow Commercial
Boarding Facility as a conditional accessory use within the Agricultural Zoning District.”
“Move to adopt Ordinance 08-187 approving a Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to Agricultural.”
“Move to adopt Resolution 2017-106, approving a Conditional Use Permit to allow a Commercial
Boarding Facility as an accessory use for the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.”
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“Move to adopt Resolution 2017-105, approving a Conditional Use Permit to allow expansion of an existing feedlot within the shoreland for the property located at 10880 Stillwater Blvd N (PID#
14.02.292.21.11.0001), subject to the recommended conditions of approval.”
ATTACHMENTS:
• CUP Application and Materials
• Engineering Comments dated 8/18/17
• Map Showing Agricultural Properties Over Ten Acres in Size
• Ord. 08-188 Adding Commercial Boarding Facility as Conditional Accessory Use
• Ord. 08-187 Zoning Map Amendment to Rezone the Property from Rural Development Transitional to Agricultural
• Resolution 2017-106 Approving a Conditional Use Permit to Allow a Commercial Boarding Facility as An Accessory Use
• Resolution 2017105 Approving a Conditional Use Permit to Allow Expansion of an Existing
Feedlot within the Shoreland
PAGE 1 of 1
MEMORANDUM
Date: August 18, 2017
To: Emily Becker, Planning Director Re: 10880 Stillwater Blvd –Mare Affair Farm
Cc: Site Improvements Plan Review
From: Jack Griffin, P.E., City Engineer
The following plans for 10880 Stillwater Boulevard were received on August 18, 2017 consisting of the following
documentation:
Narrative for Site upgrades, not dated.
Site Plan; not dated, no identification of site improvements, or preparer.
Certificate of Survey dated December 12, 2014 prepared by Folz, Freeman and Erickson, Inc.
Engineering has reviewed the information submitted have the following review comments:
1. The application does not include engineering documents for review. As the application moves forward and
engineering site improvements are submitted additional engineering reviews will be required.
2. Stormwater Management. The proposed improvements will create 29,379 sq. ft. of new impervious surface,
eliminate 8,541 sq. ft. of impervious surface for a net increase of 20,835 sq. ft or 0.63 acres.
A VBWD permit will be required for the proposed improvements. A copy of the VBWD permit
application, hydroCAD model and permit approvals, once received, must be submitted to the City.
A storm water management plan (SWMP) is not required by Lake Elmo ordinance since the new
impervious surface is less than 1 acre.
The site improvements will require a grading plan and erosion control plan meeting all City and VBWD
requirements.
3. Water supply. The application does not address potable water supply to the facilities, whether public or
private. Any site plan must include the location of all wells on the site.
4. Wastewater management. The application does not address sanitary sewer and on‐site wastewater septic
systems for the facilities. Any site plan must include the location of capacity of any on‐site septic systems.
5. Streets and Transportation. The application does not include public streets or access changes to public
streets. The application does increase driveway use to an existing private driveway to CSAH 14 (Lake Elmo
Avenue). The application should be provided to Washington County Public Works for review and comment.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
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1
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA ORDINANCE NO. 08-188 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING COMMERCIAL BOARDING FACILITY AS A CONDITIONAL ACCESSORY USE WITHIN THE AGRICULTURAL ZONING DISTRICT.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (12) by adding
definition of Commercial Boarding Facility:
The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property in addition to horses owned by the owner or occupant, which may include related horse training and riding instruction for those other than the owner or occupant of the property and their non-paying guests.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted, Conditional, and Interim Uses; Table 9-1: Permitted, Conditional, and Interim Uses, Rural
Districts to read as follows.
Accessory Uses RT A RR RS RE
Bed and Breakfast C C C - - 154.012 (B) (12)
Domestic Pets P P P P P 154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.012 (B) (12)
Kennel, Private C C C - - 154.012 (B) (12)
Solar Equipment P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Commercial Boarding Facility - C - - - 154.404 (I)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.404: Site Design and Development Standards, to read as follows.
I. Commercial Kennel, Commercial Stable Boarding Facility , or Accessory Kennel or Stable, RT, A,
RR Districts. The facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas
shall be located at least 100 feet from adjacent properties; landscaping or other screening may be
required. Boarding within commercial boarding facilities must be done on property that is also used
for raising pasture to graze horses or raising or cultivating other agricultural products.
SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
2
SECTION 5. Adoption Date. This Ordinance 08-188 was adopted on this ______ day of ___
2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________ Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-188 was published on the ____ day of ___________________, 2017.
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA ORDINANCE NO. 08-187 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE
BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding
Ordinance No. 08-__, as follows:
Section 1: Zoning Map Amendment. The following property with the PID# 14.029.21.11.0001 (Property) is hereby rezoned from RT – Rural Development Transitional to A – Agricultural, subject to the condition outlined in Section 2 of this
Ordinance:
NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258
OF DEEDS PAGES 39 AND 40-ALSO SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 Section 14 Township 029 Range 021
Section 2: The City Council of the City of Lake Elmo approves the aforementioned Zoning Map Amendment, subject to the following condition: 1) If the Property develops, the City must approve a Comprehensive Plan
Amendment to either remove the property from the Metropolitan Urban Service
Area (MUSA), and the Property must be developed as an Open Space Preservation Planned Unit Development, or, alternatively, the City may approve a Comprehensive Plan Amendment to re-guide the Property to an Urban Residential Land Use designation as well as a Zoning Map Amendment to re-
zone the Property to a related Urban Residential zoning district if the Property is
developed within the MUSA. Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the
City of Lake Elmo.
Section 4: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-187 was adopted on this 3rd day of October 2017, by a vote of
__ Ayes and __ Nays. _____________________________ Mike Pearson, Mayor
ATTEST:
___________________________ Julie Johnson, City Clerk
Resolution 2017-106 1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2017-106
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIAL
BOARDING FACILITY FOR THE PROPERTY LOCATED AT 10880 STILLWATER
BOULEVARD NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a commercial boarding facility for the property located at 10880
Stillwater Blvd N (PID# 14.029.21.11.0001) (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 11, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017, and
WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the LakeElmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by theApplicant.
3) That the proposed Conditional Use Permit includes the following components:
a)A Conditional Use Permit for a commercial boarding facility for the propertylocated at 10880 Stillwater Blvd N.
Resolution 2017-106 2
4) That the Conditional Use Permit for a commercial boarding facility will be for the
Property legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY
EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSO SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021.
5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use will not increase truck traffic my more than two trucks per week. There currently exist horses on the property, and the building will house them indoors, decreasing the likelihood that horses will escape. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided for
Rural Area Development and is within the a Rural Preservation Area, which allows for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. 7) The use or development is compatible with the existing neighborhood. The use is
compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets specific development standards currently set forth
within the Zoning Code for a commercial stable in that it is at least ten acres in size, and the City does not find it necessary that the outdoor exercise area be screened through landscaping or other means.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is within the City’s shoreland, which prohibits new feedlots. Expansions to an existing feedlot are allowed by conditional use permit. 10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in
character and design to the existing home and barn on the property. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create
a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
Resolution 2017-106 3
ProvThe applicant has not provided a hydroCAD model; information on potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned.
13)The proposed use will not create excessive additional requirements at public cost for publicfacilities and services and will not be detrimental to the economic welfare of the community.The proposed use will not create additional requirements for public facilities andservices, provided the use does not include spectators.
14) The proposed use will not involve uses, activities, processes, materials, equipment andconditions of operation that will be detrimental to any persons, property or the generalwelfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Traffic to the site is expected to be minimal, and visits are expected to be short. Minimalnoise is expected to come from the site, short of the sounds of unloading and loadingitems. Hazardous materials are prohibited from being stored on site, and lighting hasbeen evaluated and determined to not cause a nuisance as proposed.
15) Vehicular approaches to the property, where present, will not create traffic congestion orinterfere with traffic on surrounding public thoroughfares. The Applicant has indicated thatadditional truck traffic will increase by only two trips per week.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenicfeature of major importance. The proposed use will be a modernization and expansion ofan existing scenic feature within Lake Elmo.
17) That the City should consider removing this property from the Metropolitan Urban Service
Area in order to preserve the property as an agricultural use.
18)That the Applicant has expressed interest in allowing the City to utilize a portion of theproperty as stormwater ponding and will further explore these options with Staff.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit for a
commercial boarding facility is granted, subject to the following conditions:
1) The City shall approve the Zoning Text Amendment to allow commercial boarding facilitiesas conditional accessory uses within the Agricultural zoning district; the Zoning MapAmendment to rezone the property from Rural Development Transitional to Agricultural; anda Conditional Use Permit to allow for an expansion to an existing feedlot within the
shoreland district.
Resolution 2017-106 4
2) Applicant shall obtain all necessary permits including but not limited to all applicable city permits (building, grading, sign, etc.), MPCA approvals and/or permits, NPDES/SWPPP permits, Valley Branch Watershed District (VBWD) approval.
3) Applicant must address all engineering review comments outlined in the Engineering Memo dated August 18, 2017. 4) Applicant shall update the plans to address potable water supply to the facilities, indicating the location of all wells on site; include the location and capacity of any on-site septic
systems; and include grading and erosion control plan meeting all City and VBWD requirements. All plans must be approved by the City. 5) The Applicant shall provide written confirmation from the Minnesota Pollution Control
Agency (MPCA) that no MPCA permits are required for the proposed use. The Applicant shall obtain all applicable, required MPCA permits and/or approvals and submit a copy to the City.
6) The Applicant shall obtain a septic permit from Washington County if necessary or provide verification from Washington County that a septic permit is not required. 7) The Applicant shall provide the number of grazable acres, verified by a reliable source, and the number of horses allowed shall be based on this information, as allowed by the City’s
Animal Ordinance. Any expansion to the feedlot will require an amendment to this Conditional Use Permit. 8) The Applicant shall adhere to requirements outlined in the Washington County Review
memo dated September 7, 2017. 9) Any significant change to the site plan dated September 6, 2017 shall require an amendment to this conditional use permit.
10) A manure management plan clarifying composting activities and locations on the site shall be provided to the city, and such activities on the site shall be carried out according to this plan. 11) The arena must not be available to spectators and must not include bleachers or seating of
any kind. Public events or shows will require an amendment to this Conditional Use Permit.
Passed and duly adopted this 3rd day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________
Michael Pearson, Mayor ATTEST: ________________________________
Julie Johnson, City Clerk
Resolution 2017-105 1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION 2017-105
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR EXPANSION OF AN EXISTING FEEDLOT WITHIN THE SHORELAND MANAGEMENT OVERLAY DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042
(the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a
Conditional Use Permit for the expansion of an existing feedlot within the City’s Shoreland Management Overlay District for the property located at 10880 Stillwater Blvd N (PID# 14.029.21.11.0001) (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 11, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017; and
WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the LakeElmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
a)A Conditional Use Permit for a commercial boarding facility for the property
located at 10880 Stillwater Blvd N.
4)That the Conditional Use Permit for a commercial boarding facility will be for theProperty legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAYEASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEETTHEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSO
Resolution 2017-105 2
SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED
IN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021.
5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Provided the MPCA sees no issues with the proposed expansion, the proposed expansion of an existing feedlot will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided for
Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. Provided the MPCA sees no issues and a Valley Branch Watershed District permit is obtained, it will not negatively impact natural resources. 7) The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use.
8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed expansion meets standards set forth for expansions to existing feedlots as set forth in Section 154.800 (C) (6) (c) of the Zoning Code.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located within the City’s Shoreland District but meets standards required for an expansion to an existing feedlot within the City’s shoreland district. 10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in
character and design to the existing home and barn on the property. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create
a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned.
Resolution 2017-105 3
13) The proposed use will not create excessive additional requirements at public cost for publicfacilities and services and will not be detrimental to the economic welfare of the community.The proposed use will not create additional requirements for public facilities andservices, provided the use does not include spectators.
14) The proposed use will not involve uses, activities, processes, materials, equipment andconditions of operation that will be detrimental to any persons, property or the generalwelfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Traffic to the site is expected to be minimal, and visits are expected to be short. Minimalnoise is expected to come from the site, short of the sounds of unloading and loadingitems. Hazardous materials are prohibited from being stored on site, and lighting hasbeen evaluated and determined to not cause a nuisance as proposed.
15) Vehicular approaches to the property, where present, will not create traffic congestion orinterfere with traffic on surrounding public thoroughfares. The Applicant has indicated thatadditional truck traffic will increase by only two trips per week.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. The proposed use will be a modernization and expansion ofan existing scenic feature within Lake Elmo.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit for
expansion of an existing feedlot within the shoreland is granted, subject to the following
conditions:
1. The Applicant shall provide the Minnesota Pollution Control (MPCA) a complete Notice ofConstruction or Expansion of an Animal Feedlot with less than 300 Animal Units and
provide the City proof from the MPCA that there are no issues with this expansion.
2. Applicant must address all engineering review comments outlined in the Engineering Memodated August 18, 2017.
Passed and duly adopted this 3rd day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Michael Pearson, Mayor ATTEST:
________________________________ Julie Johnson, City Clerk
509010v1 SJS LA515-1
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA RESOLUTION 2017-___ A RESOLUTION DENYING A ZONING MAP AMENDMENT FOR THE PROPERTY
LOCATED AT 10880 STILLWATER BOULEVARD NORTH
WHEREAS, the City of Lake Elmo (the “City”) has established a Zoning Map by
Ordinance that implements the various land use policies in the City’s Comprehensive Plan; and WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City for a Zoning Map Amendment to rezone the property located at: 10880 Stillwater Boulevard North, PID# 14.029.21.11.0001,
legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSO SUBJECT TO A HIGHWAY
EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 Section 14 Township 029 Range 021, Washington County, Minnesota (the “Property”) from RT – Rural Development Transitional to A – Agricultural, a copy of which application is on file in the City Planning Department; and
WHEREAS, the Comprehensive Plan describes the development of the City of Lake Elmo through 2030; WHEREAS, the Comprehensive Land Use Map describes the areas of the City
(Metropolitan Urban Service Area or “MUSA”) that are eligible to receive urban utilities and the future land uses of lands that will develop through 2030; and WHEREAS, the Property is located within the MUSA; and
WHEREAS, the Property is zoned RT – Rural Development Transitional, which is an interim holding zone that will regulate land uses within those portions of the City planned and staged for development that will connect to regional sewer service in accordance with the Comprehensive Plan and is consistent with the Property being located within the MUSA; and
WHEREAS, the A- Agricultural District is for properties that are to be served by on-site wastewater treatment facilities; and WHEREAS, the Planning Commission held a public hearing on September 11,
2017 to consider the Applicant’s requests; and
WHEREAS, the Planning Commission submitted its report and recommendation
509010v1 SJS LA515-1
to the City Council as part of a Staff Memorandum dated October 3, 2017; and
WHEREAS, the City Council considered said matter at its meetings on October 3, 2017 and October 17, 2017; NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and
information received, the City Council makes the following findings of fact:
FINDINGS 1. That the Applicant has submitted a request for a Zoning Map Amendment in
accordance with the procedures as established by the Lake Elmo Planning
Department and Lake Elmo Planning Commission.
2. That the request is to amend the Zoning Map by rezoning the Property from RT – Rural Development Transitional to A – Agricultural.
3. That the rezoning the Property to A - Agricultural is inappropriate because the
Property is located within the MUSA and agricultural property does not utilize municipal services whereas the RT- Rural Development Transitional District is for land that will connect to regional sewer service.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo
City Council hereby denies the request by Mare Affair Farm, LLC to amend the City of Lake Elmo Zoning Map by re-zoning the Property from RT – Rural Development Transitional to A – Agricultural. Passed and duly adopted this 17th day of October 2017, by the City Council of the City of Lake
Elmo, Minnesota. ______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________ Julie Johnson, City Clerk
1
509017v1 SJS LA515-1
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2017-117
A RESOLUTION DENYING A ZONING TEXT AMENDMENT TO AMEND THE CITY’S
ZONING CODE TO ALLOW COMMERCIAL BOARDING FACILITIES AS A CONDITIONAL
ACCESSORY USE WITHIN THE AGRICULTURAL ZONING DISTRICT
WHEREAS, the City of Lake Elmo (the “City”) has established a Zoning Map by
Ordinance that implements the various land use policies in the City’s Comprehensive Plan; and
WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Zoning Text Amendment to allow commercial boarding facilities as a conditional accessory use
within the Agricultural zoning district; and
WHEREAS, the request for a Zoning Text Amendment was submitted by the Applicant along with requests for a Zoning Map Amendment to re-zone the property located at 10880 Stillwater Blvd N from RT – Rural Development Transitional to A-Agricultural, and
Conditional Use Permits for a commercial boarding facility and expansion of a feedlot within a shoreland; and
WHEREAS, the Planning Commission held a public hearing on September 11, 2017 to consider the Applicant’s requests; and
WHEREAS, the Planning Commission submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017; and
WHEREAS, the City Council considered said matter at its meetings on October 3,
2017 and October 17, 2017; and
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS.
1.That the procedures for requesting a Zoning Text Amendment are found in theLake Elmo Zoning Ordinance, Section 154.105.
2.That all the submission requirements of said Section 154.105 have been met by the
Applicant.
3. That the proposed Zoning Text Amendment includes the following components:
a.That commercial boarding facilities be a conditional accessory use within the
Agricultural zoning district.
b.The definition of “commercial boarding facility” be worded as “the boarding,breeding or raising of horses or ponies not owned by the owner or occupant of
2
509017v1 SJS LA515-1
the property in addition to horses owned by the owner or occupant which may
include related horse training and riding instruction for those other than the
owner or occupant of the property and their non-paying guests.”
4.That “commercial stables” a similar use, was previously allowed by the City as aconditional principal use within the Agricultural zoning district.
5.That the “commercial stables” use did not include horse training and ridinginstruction and therefore, the proposed “commercial boarding facility” use is moreexpansive.
6.That in 2016, the Council removed the “commercial stables” use from the Zoning
Code as the Council had not deemed it to be an appropriate use within ruraldistricts of the City.
7.That the Council has determined that commercial boarding facilities are more
expansive uses than commercial stables.
8.That since the proposed new use is more expansive and because a similar use wasrecently removed from the Zoning Code, the Council has determined thatcommercial board facilities should not be added as a conditional accessory use
within the Agricultural zoning district to the Zoning Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Mare Affair Farm, LLC for a Zoning Text Amendment to allow commercial boarding facilities as a conditional accessory use within the Agricultural zoning district.
Passed and duly adopted this 17th day of October 2017, by the City Council of the City of
Lake Elmo, Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
Resolution 2017-
509020v1 SJS LA515-1
1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2017-118
A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A COMMERCIAL
BOARDING FACILITY FOR THE PROPERTY LOCATED AT 10880 STILLWATER
BOULEVARD NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a commercial boarding facility for the property located at 10880
Stillwater Blvd N (PID# 14.029.21.11.0001) (the “Property”); and
WHEREAS, the Applicant also submitted an application to the City for a Zoning Text Amendment to allow commercial boarding facilities as a conditional accessory use within the Agricultural zoning district; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 11, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017, and
WHEREAS, the City Council considered said matter at its October 3, 2017 and October
17, 2017 meeting; and
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the LakeElmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by theApplicant.
3) That the proposed Conditional Use Permit includes the following components:
Resolution 2017-
509020v1 SJS LA515-1
2
a)A Conditional Use Permit for a commercial boarding facility for the property
located at 10880 Stillwater Blvd N.
4)That the Conditional Use Permit for a commercial boarding facility will be for theProperty legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY
EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEETTHEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSOSUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBEDIN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021.
5) That the Zoning Text Amendment that was proposed by the Applicants allows commercialboarding facilities as a conditional accessory use within the Agricultural zoning district.
6)That the City denied the Applicant’s Zoning Map Amendment to rezone the Property fromRural Development Transitional to Agricultural.
7) That the City denied the Applicant’s Zoning Text Amendment to allow commercial boardingfacilities as conditional accessory uses within the Agricultural zoning district.
8)That since the Zoning Text Amendment and the Zoning Map Amendment applicants weredenied, the Applicant’s application for a conditional use permit for a commercial boardingfacility must also be denied because commercial boarding facilities are not allowed as a
conditional accessory uses within the Property’s current zone, which is Rural DevelopmentTransitional.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo CityCouncil hereby denies the request by Mare Affair Farm for a Conditional Use Permit for a commercial boarding facility.
Passed and duly adopted this 17th day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Mike Pearson, Mayor ATTEST:
________________________________
Julie Johnson, City Clerk