HomeMy WebLinkAbout2014.12.04 PC MinutesMINUTES
HUGO PLANNING COMMISSION
December 4, 2014
Call to Order
Chairman Gwynn called the meeting to order at 7:00 pm.
PRESENT: Arcand, Gwynn, Kleissler, Knauss, Lessard & Rosenquist
ABSENT: McRoberts
ALSO PRESENT: Rachel Juba, Planner
Connor Schaefer, Community Development Intern
Bryan Bear, City Administrator
Approval of Minutes
Arcand made motion, Kleissler seconded, to approve the Planning Commission minutes of
October 23, 2014.
Ayes: Arcand, Gwynn, Kleissler, Rosenquist
Abstentions: Knauss, Lessard
Motion carried.
Cindy Bellamy and Shirley Smith — Conditional Use Permit — 17260 Ingersoll Ave N
Planner, Rachel Juba, presented on Cindy Bellamy and Shirley Smith's application for a
Conditional Use Permit for the property located at 17260 Ingersoll Ave N.
The property is generally located on the west side of Ingersoll Ave N and north of 170th St N. It
is located in the Agricultural (AG) zoning district and is guided in the 2030 Land Use Plan as
Agricultural (AG). The surrounding properties are also zoned Agricultural and are large lots with
agricultural uses.
The applicant requested a conditional use permit to allow double the amount of animal units on
the property. Seven animal units are allowed on the property, meaning the applicant was
requesting for fourteen units to be allowed. Planner Juba stated that there has been questions on
acreage of the property. After research and City Attorney reviews, the staff considered the
property to be 10 acres.
Planner Juba stated there was a complaint filed and violations found of animal waste
management, drainage from paddocks, and excess number of horses for the 17260 Ingersoll Ave
N property in May 2014. The City sent a letter to the applicant requesting compliance. Over the
last few months, the City met with the property owner and the Minnesota Pollution Control
Agency (MPCA). The MPCA conducted two compliance reviews to ensure regulations for
feedlots were met. The applicant worked with staff and the MPCA to comply with City
ordinance and State standards.
A feedlot is a permitted use in the Agricultural (AG) zoning district. There are performance
standards that need to be met. The feedlot on the property does not meet the requirements of a
mandatory environmental assessment. Staff feels that the property has met the performance
standards. The MPCA issued a letter of compliance stating that they are in conformance with
State rules.
The applicants submitted a Facility and Waste Management Plan. Staff is comfortable with the
plan as submitted. The MPCA allows manure stockpiling on properties for no longer than a year.
As a condition of approval, staff is requiring Lot E to be graded to the dirt base, like the other
lots on the property. This is work that shall be completed at the time a culvert on the west side of
the property is to be relocated. Initial inspections showed there was drainage onto neighboring
properties. The culvert must be relocated as a condition of approval.
The applicant has been working on selling and removing horses to the 14 they are requesting
with the CUP application. Staff inspected the property has found 14 horsed on the property and
the applicant understands they may not breed the horses or exceed this number.
Planner Juba presented on the criteria to approve a proposed conditional use permit. This
included permissible by law, spirit and intent, compatible with the Comprehensive Plan and
character of the area, and screening and buffering. Juba stated the conditions of the proposed
conditional use permit. There will be no more than 14 hoses on the property at any time. The
property shall comply with Section 90-241. The property shall comply with comments made by
the MPCA and all other applicable MPCA regulations. The property shall be inspected each year
by the MPCA and provide the City with a compliance letter. The property shall comply with the
submitted Facility and Waste Management Plan dated November 2, 2014. All lots shall be
graded and bermed to ensure that drainage stays on the property. MPCA and the City will inspect
the relocation of culvert west of Lot E. Wetlands shall not be impacted without approval. All
stock piles shall be removed from the property within one year. All buildings shall meet setback
requirements.
Planner Juba stated there are few items to be complete in regards to conditions of approval, but
the applicant has made significant improvements to the property. It is in Staff's opinion that the
application meets the conditional use permit criteria. Staff recommended approval of the
conditional use permit for property located at 17260 Ingersoll Ave N.
Chairman Gwynn opened the floor for Planning Commission to ask staff questions. Knauss
asked if the western third of the property is wetland. Juba answered it looks like it is wet. Arcand
asked why the culvert must be relocated. Juba answered saying drainage was not working
properly and it is draining on the neighboring property.
Chairman Gwynn opened the public hearing. Cindy Bellamy, 17260 Ingersoll Ave N, stated that
the culvert was installed in the swale to allow farming equipment to drive over the area. She
reiterated that she is willing to relocate the culvert.
Shirley Smith, 17260 Ingersoll Ave N, asked if yearly inspections by the City and MPCA were
indefinite. Juba answered stating that the yearly inspections will be indefinite until the
conditional use permit is revoked or amended.
Lawrence Keck, 17376 Ingersoll Ave N, displayed a survey map of the applicant's property from
1994, pointing out a differing legal description and acreage. Chairmen Gwynn clarified that
Staff's opinion is that the applicant's property is 10 acres and that the Planning Commission has
no power in discrepancies of legal descriptions or property lines. Keck reiterated that the
property should be viewed at 9.1 acres and therefore only six horses should be allowed on the
property. Keck referenced a letter that a neighboring property owner wrote to the Commission
requesting denial of the proposed conditional use permit. Keck referenced complaints taken in
2004 regarding the applicant's property. Keck referenced the University of Minnesota's
Extension Office feedlot guidelines. He stated that according to the MPCA and Minnesota
Department of Agriculture the property is in the protected shoreland area due to its proximity to
the creek south of the property. Drainage from the property is within 300 feet of water. He states
that the Hugo city ordinance does not allow a feedlot within 100 feet of a wetland. He claims
there is a wetland on his property within 100 feet of the feedlot. He stated that one horse
accumulates 864 pounds of waste per year. He stated that the waste management plan the
applicant submitted is not in compliance with state regulations, as stockpiles are within 300 feet
of flow distance of a DNR wetland. He stated that a wetland on the applicant's property has been
filled. He stated that there could be 1 million pounds of manure on the applicant's property over
the next ten years if the applicant is allowed to have 14 horses and he has concerns it will drain
on to his property. He stated concerns on the placement of the culvert that is to be relocated,
believing it will be drain into the wetland located west of the paddock areas. He stated concerns
with the land only having 2.5 acres of usable land to spread the horse waste. He stated that the
City has five pages of ordinances that deal with dogs and very little ordinances that deal with
horses. He stated that the applicant's maintenance of the property has become a public nuisance
and that it has degraded the value of his property. He stated the applicant has not been in
compliance with feedlot regulations and won't be in the future. He requests the applicant be
allowed six horses. He stated he has a video of manure being illegally spread in the wetlands. He
asked the Planning Commission to deny the conditional use permit for the property located on
17260 Ingersoll Ave.
June Young, 17396 Ingersoll Ave N, requests the denial of the conditional use permit for the
property located on 17260 Ingersoll Ave. She stated she owned the property before it was sold to
Cindy Bellamy. Commissioner Knauss asked June Young if the feedlot paddocks existed before
the property was sold to Cindy Bellamy. June Young said no.
Cindy Bellamy was allowed to respond. She stated the manure runoff Keck referred to has a high
decomposition rate so 1 million pounds of animal waste over the next ten years is unrealistic.
She stated that only in extreme conditions does any waste drain onto the neighboring properties
and the MPCA has visited the site and approved the location where the culvert is to be relocated.
Chairman Gwynn closed the public hearing.
Commissioner Knauss asked the applicant why she needs to maintain 14 horses. Bellamy, the
applicant, answered saying she breeds rare horses, she is down -sizing, and it is a hobby farm for
her and Shirley Smith (her mom). Knauss asked if it was only Cindy Bellamy and Shirley Smith
maintaining the property. Bellamy answered saying she has help from relatives and friends. She
states that the property has maintained street appeal.
Planner Juba addressed Keck's comments. She reiterated the property was considered by the
staff and City Attorney as ten acres. She stated that staff used the MPCA representative as an
expert when it came to feedlot state regulations and that they received a letter stating the property
was in compliance based on their criteria. She stated that the potential drainage into the wetland
with the relocation of the culvert will be reevaluated when the weather permits for the relocation
to take place.
Commissioner Rosenquist asked the applicant if she will spread all the manure on her own
property or get it hauled away. Bellamy said she would be able to get it all hauled away.
Rosenquist asked the applicant if she would be willing to make it part of the conditions of
approval for the conditional use permit. Bellamy answered saying yes.
Knauss asked staff for clarification on the previous violations found at the applicant's property.
Juba answered saying there was a complaint filed in 2004 against the applicant's property on the
number of horses. At that time, the City sent a letter to the applicant stating that they could get
permission from neighbors to use their property for grazing. Juba stated that to staff's
knowledge, there is no City Code that outlines this process. Juba stated that the City received
complaints again in the summer that brought this issue to the City's attention again. Knauss
asked the staff if they had an application that approved the filling in of a wetland. Juba answered
saying it is unclear if there was permission for a wetland to be filled on the applicant's property.
Commissioner Arcand asked the staff if any of the information brought up in the public hearing
was new information that the City was not aware of. Juba answered saying no.
Commissioner Rosenquist proposed that the applicant haul off all animal waste off the property
as part of the approval conditions. Bellamy addressed the Planning Commission asking if she
could be allowed to spread a small amount of the animal waste on her property. Rosenquist
stated he would not be comfortable unless the applicant's property was completely clean.
Bellamy stated that Lot E, the lot to be cleaned as part of the conditions for approval for the
conditional use permit, will be cleaned as soon as weather permits. She stated that the MCPA
gave direction on to where to spread the remaining animal waste and some would be removed.
Commissioner Rosenquist stated he would be more comfortable with a limited percentage of
animal waste being allowed to spread on the applicant's property. Arcand stated he had concerns
with how that would be managed. Juba stated that the conditions laid out in the resolution allow
for the applicant to spread animal waste in addition to removing it from the property. City
Administrator stated that the submitted Facility and Management Plan requires getting rid of
animal waste stockpiles within one year.
Commissioner Rosenquist stated that aside from the MPCA, he would like staff to inspect the
property every year in the spring for continued compliance.
Commissioner Lessard asked the applicant if Lot E could be moved. Bellamy answered saying
there is no other reasonable relocation due because the current location works best for
maintenance.
Commissioner Rosenquist made a motion to add the condition of having an annual review of
compliance for 2 years by City staff with the approval of the proposed conditional use permit for
the property located at 17260 Ingersoll Ave N. Gwynn seconded the motion.
Commissioner Knauss stated she had concerns with the usable acres on the property with the
maintenance of 14 horses. She stated concerns with unclear permits to fill wetlands on the
applicant's property. These are the reasons she will not support the proposed motion.
Commissioner Arcand stated that the ordinance states the land is measured by gross acreage, not
by usable acres. Knauss stated she was still uncomfortable with approving the conditional use
permit.
Gwynn ordered a vote on Commissioner Rosenquist's motion to add the condition of having an
annual review of compliance for 2 years by City staff with the approval of the proposed
conditional use permit for the property located at 17260 Ingersoll Ave N.
Ayes: Rosenquist, Gwynn, Arcand, Kleissler
Nays: Knauss, Lessard
Motion carried.
Adiournment
Rosenquist motioned, Arcand seconded, to adjourn at 8:25 pm.
All Ayes. Motion carried.
Meeting adjourned.
Respectfully submitted,
Connor Schaefer
Community Development Intern