Minutes of the Monday, May 7, 2012
MINUTES OF THE MONDAY, MAY 7, 2012
PLANNING COMMISSION HEARING – 7:00 PM
The Kandiyohi County Planning Commission met on Monday, May 7, 2012 in the Commissioners Room at the Kandiyohi County Health & Human Services Building located at 2200 – 23rd St NE, Willmar MN. Members present were John Dean, Doug Hanson, Sherman Schueler, Gwynne Anderson, and Harlan Madsen. Also present was Zoning Administrator, Gary Geer & Assistant Zoning Administrator Eric VanDyken.
Vice-Chair Dean opened the meeting at 7:00 p.m.
Minutes of the previous meeting were approved as mailed.
A hearing was held on the application of Jennie-O Turkey Store, Inc., S ½ of NE ¼, Section 33, Township 122, Range 33, Roseville Township. (21882 160th St NE) Applicant proposes an increase in bird density in existing barns in an A-2 General Agricultural District. Requests an increase from 100,000 turkeys (500 animal units) in existing 3 brood barns to 120,000 turkeys (600 animal units) in the existing 3 barns. Steve Onnen was present representing Jennie-O. Onnen noted that Jennie-O will be marketing smaller birds and desires to add bird numbers to the barns. Madsen stated that he understands that the 5 CUP requests tonight are all the same. Geer noted that staff recommends approval with 2 conditions and findings. Geer also made note of a letter in the file from Russ Hilbert, County Feedlot Officer. Motion by Madsen, second by Schueler to recommend approval of the request with the following conditions and findings as presented by staff:
Conditions
- Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.
- The owner shall follow all MPCA requirements regarding proper manure management planning, manure application, and record keeping.
Findings
1.The Planning Commission finds that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish or impair property values within the immediate vicinity. The Planning Commission bases this finding on the information and testimony submitted by the applicant concerning the nature of the operation, and the written review of the County Feedlot Officer. The Planning Commission finds that there has been no testimony or evidence entered into the record that leads them to conclude there will be a significant impact on property enjoyment or valuation.
2.The Planning Commission finds that establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding vacant land for uses predominant in the area. The Planning Commission bases this finding on the fact that the surrounding vacant land is agricultural in nature and the feedlot will not impede continuing agricultural uses.
3.The Planning Commission finds that adequate utilities, access roads drainage, off street parking and loading space and other necessary facilities have been provided or will be provided. The Planning Commission notes that the site is open in nature and has more than adequate space to serve the parking and loading needs of the use without impacting traffic or safety.
4.The Planning Commission finds that adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The Planning Commission notes that the dust, noise, and lights associated with the use will not be unlike normally encountered in agricultural areas for uses allowed in agricultural areas, and therefore cannot be considered to constitute a nuisance or disturbance. The Planning Commission notes that the proposed feedlot meets the required setback from neighboring residences. The Planning Commission notes that nothing in the letter from the County Feedlot Officer indicates a concern that the feedlot will not be able to meet state nuisance or hydrogen sulfide standards. The Planning Commission asserts that no studies or evidential statements were introduced into the record that lead them to believe that the proposed use will by its very nature constitute a nuisance.
5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-2 zoning district under Zoning Ordinance Chapter 7, Section 7-3 entitled “conditional uses”.
6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan is supportive of agriculture as an important part of the county’s economic makeup. The Comprehensive Plan also states “agricultural activities are an important part of Kandiyohi County’s economy” (ref. Chapter 6, Page 4) and “feedlots are a necessary and important component to the agriculture economy” (ref. Chapter 6, Page 10).
7.The Planning Commission finds that the proposed use has the ability to meet the standards of the Zoning Ordinance. The Commission notes that zoning staff review of the proposal found no violations of the Zoning Ordinance.
8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit. The Commission notes that the letter of review from the County Feedlot Officer identifies no environmental hazards. The Commission also notes that the framework of Federal, State, and County regulations for feedlots provides comprehensive environmental protection.
The Planning Commission unanimously recommends that the County Board approve the request with conditions and findings as stated herein. Motion carried.
A hearing was held on the application of Jennie-O Turkey Store, Inc., SE ¼, Section 18, Township 122, Range 33, Roseville Township. (25730 130th St NE). Applicant proposes an increase in bird density in existing barns in an A-2 General Agricultural District. Requests an increase from 90,000 turkeys (1,620 animal units) in 5 grower barns to 114,000 turkeys (2,052 animal units) in existing 5 grower barns. Cathy Miller (city of Willmar resident) stated that she does not like the idea of crowding turkeys. Miller noted that public sentiment is changing animal care and housing. Miller suggested that the commission may want to see how animals are cared for. Dean noted to Miller that the Planning Commission is represented by a viewing committee that visits each site to observe prior to the hearing. Bill Benson stated that he lives to the northeast [Mr. Benson was likely referring to the upcoming hearing for the site in Kandiyohi Township] and draws from the same aquifer as the turkey barns. Benson was concerned about the possibility of running out of water. Geer noted that the file shows that with the increase in turkey numbers the barns have been equipped with improved ventilation. Madsen noted that water appropriation is controlled by the Department of Natural Resources. Motion by Madsen, second by Hanson to recommend approval of the request with the following conditions and findings as presented by staff:
Conditions
- Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.
- The owner shall follow all MPCA requirements regarding proper manure management planning, manure application, and record keeping.
Findings
1.The Planning Commission finds that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish or impair property values within the immediate vicinity. The Planning Commission bases this finding on the information and testimony submitted by the applicant concerning the nature of the operation, and the written review of the County Feedlot Officer. The Planning Commission finds that there has been no testimony or evidence entered into the record that leads them to conclude there will be a significant impact on property enjoyment or valuation.
2.The Planning Commission finds that establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding vacant land for uses predominant in the area. The Planning Commission bases this finding on the fact that the surrounding vacant land is agricultural in nature and the feedlot will not impede continuing agricultural uses.
3.The Planning Commission finds that adequate utilities, access roads drainage, off street parking and loading space and other necessary facilities have been provided or will be provided. The Planning Commission notes that the site is open in nature and has more than adequate space to serve the parking and loading needs of the use without impacting traffic or safety.
4.The Planning Commission finds that adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The Planning Commission notes that the dust, noise, and lights associated with the use will not be unlike normally encountered in agricultural areas for uses allowed in agricultural areas, and therefore cannot be considered to constitute a nuisance or disturbance. The Planning Commission notes that the proposed feedlot meets the required setback from neighboring residences. The Planning Commission notes that nothing in the letter from the County Feedlot Officer indicates a concern that the feedlot will not be able to meet state nuisance or hydrogen sulfide standards. The Planning Commission asserts that no studies or evidential statements were introduced into the record that lead them to believe that the proposed use will by its very nature constitute a nuisance.
5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-2 zoning district under Zoning Ordinance Chapter 7, Section 7-3 entitled “conditional uses”.
6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan is supportive of agriculture as an important part of the county’s economic makeup. The Comprehensive Plan also states “agricultural activities are an important part of Kandiyohi County’s economy” (ref. Chapter 6, Page 4) and “feedlots are a necessary and important component to the agriculture economy” (ref. Chapter 6, Page 10).
7.The Planning Commission finds that the proposed use has the ability to meet the standards of the Zoning Ordinance. The Commission notes that zoning staff review of the proposal found no violations of the Zoning Ordinance.
8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit. The Commission notes that the letter of review from the County Feedlot Officer identifies no environmental hazards. The Commission also notes that the framework of Federal, State, and County regulations for feedlots provides comprehensive environmental protection.
The Planning Commission unanimously recommends that the County Board approve the request with conditions and findings as stated herein. Motion carried.
A hearing was held on the application of Jennie-O Turkey Store, Inc., Part South ½ of South ½ , Section 25, Township 121, Range 36,Arctander Township. (7272 135th Ave NW). Applicant proposes an increase in bird density in existing barns in an RM Shoreland Resource Management District. Requests an increase from 17,300 turkeys (311 animal units) in 2 finish barns to 27,500 turkeys (495 animal units) in 2 finish barns.
Geer stated that staff recommends approval. Madsen commented that all Jennie-O applications heard tonight meet and exceed all MPCA and EPA requirements. Motion by Schueler, second Anderson to recommend approval of the request with the following conditions and findings as presented by staff:
Conditions
- Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.
- The owner shall follow all MPCA requirements regarding proper manure management planning, manure application, and record keeping.
Findings
1.The Planning Commission finds that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish or impair property values within the immediate vicinity. The Planning Commission bases this finding on the information and testimony submitted by the applicant concerning the nature of the operation, and the written review of the County Feedlot Officer. The Planning Commission finds that there has been no testimony or evidence entered into the record that leads them to conclude there will be a significant impact on property enjoyment or valuation.
2.The Planning Commission finds that establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding vacant land for uses predominant in the area. The Planning Commission bases this finding on the fact that the surrounding vacant land is agricultural in nature and the feedlot will not impede continuing agricultural uses.
3.The Planning Commission finds that adequate utilities, access roads drainage, off street parking and loading space and other necessary facilities have been provided or will be provided. The Planning Commission notes that the site is open in nature and has more than adequate space to serve the parking and loading needs of the use without impacting traffic or safety.
4.The Planning Commission finds that adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The Planning Commission notes that the dust, noise, and lights associated with the use will not be unlike normally encountered in agricultural areas for uses allowed in agricultural areas, and therefore cannot be considered to constitute a nuisance or disturbance. The Planning Commission notes that the proposed feedlot meets the required setback from neighboring residences. The Planning Commission notes that nothing in the letter from the County Feedlot Officer indicates a concern that the feedlot will not be able to meet state nuisance or hydrogen sulfide standards. The Planning Commission asserts that no studies or evidential statements were introduced into the record that lead them to believe that the proposed use will by its very nature constitute a nuisance.
5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-2 zoning district under Zoning Ordinance Chapter 7, Section 7-3 entitled “conditional uses”.
6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan is supportive of agriculture as an important part of the county’s economic makeup. The Comprehensive Plan also states “agricultural activities are an important part of Kandiyohi County’s economy” (ref. Chapter 6, Page 4) and “feedlots are a necessary and important component to the agriculture economy” (ref. Chapter 6, Page 10).
7.The Planning Commission finds that the proposed use has the ability to meet the standards of the Zoning Ordinance. The Commission notes that zoning staff review of the proposal found no violations of the Zoning Ordinance.
8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit. The Commission notes that the letter of review from the County Feedlot Officer identifies no environmental hazards. The Commission also notes that the framework of Federal, State, and County regulations for feedlots provides comprehensive environmental protection.
The Planning Commission unanimously recommends the County Board approve the request with conditions and findings as stated herein. Motion carried.
A hearing was held on the application of Jennie-O Turkey Store, Inc., Part of NE ¼ of NW ¼ and the NW ¼ of the NE ¼, Section 13,Township 119, Range 36, StJohns Township. (6623– 1st Ave W). Applicant proposes an increase in bird density in existing barns in an A-1 Agricultural Preservation District. Requests an increase from 76,000 turkeys (380 animal units) in 3 brood barns to 90,000 turkeys (450 animal units) in 3 brood barns. Motion by Madsen, second by Anderson to recommend approval of the request with the following conditions and findings as presented by staff: