MINUTES OF THE JULY 10, 2017

PLANNING COMMISSION HEARING – 7:00 PM

The Kandiyohi County Planning Commission met on MondayJuly 10,at 7:00 PM in the Commissioners Room at the Kandiyohi County Health & Human Services Building located at 2200 – 23rd St NE, Willmar, Minnesota. Member present were John Hauge, Harlan Madsen, Jane Youngkrantz, Jeff Johnson, Dan Halldin, Ron Peterson, and Doug Hanson. Also present was Zoning Administrator, Gary Geer.

Chair Hanson opened the meeting at 7:00 PM.

Minutes of the previous hearing were approved as mailed.

A hearing was held on the application of Bill Wuertz, NW ¼, Section 2 Roseville Township, (18211 County Line Road). Requests to expand his existing feedlot from 253 animal units by constructing an additional poultry barn in an A-2 General Agricultural District. Bill Wuertz was present and explained his proposal to add an additional poultry barn. Madsen noted that he supported the proposal. Peterson stated that the site is managed well and will be a good asset to the community. It was noted that the Kandiyohi County Feedlot Officer has been to the site and has identified that the site has the ability to be in compliance with regulations. Staff recommends approval with the following conditions and findings:Johnson asked how the applicant disposes of the chicken litter. Wuertz responded that he is able to apply it all on his cropland.Motion byPeterson, second by Halldinto recommend approval of the request with the following conditions and findings as presented by staff.

Conditions:

1. 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.

  1. 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 KandiyohiCounty’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 based on the conditions and findings as stated above. Motion carried.

A hearing was held on the application of Nicholas Moser, that part of the SW ¼ of the SW ¼ of Section 13 Mamre Township (7509 75th St. NW). Requests to host a onetime county music concert from 7:00 PM to 12:00 midnight on August 11, 2017 in an A-1 Agricultural Preservation District. Geer stated that the applicant submitted a statement requesting that his application be withdrawn. Motion by Halldin, second by Madsen to accept the letter of withdrawal and to deny the request.

The Planning Commission unanimously recommends the County Board accept the letter of withdrawal and deny the request. Motion carried.

There being no further business, meeting adjourned at 7:15PM.

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