July 21st 2026 Planning Commission Agenda Packet
Planning Commission Meeting · 2026-07-21 · agenda_packet
[01.029.2201, 17.015.1000, 23.011.4800, 23.011.4801, 23.011.4600, 06.019.4000, 16.025.4000; case CUP_006_2026] The Clay County Planning Commission is meeting on July 21, 2026, to consider several requests. These include a conditional use permit for a telecommunications hut by Red River Communications on Parcel ID 01.029.2201, an interim use permit for a 39.5-acre gravel mine by Westlund Excavating on Parcel ID 17.015.1000, an interim use permit for agricultural worker housing by Gerald Zimmerman on Parcel IDs 23.011.4800, 23.011.4801, and 23.011.4600, and a conditional use permit for a 5-megawatt community solar garden by White Oak Garden LLC on Parcel ID 06.019.4000. The commission previously granted a conditional use permit to Ryan and Michael Hough Farms for a 999-animal unit cattle feedlot on Parcel ID 16.025.4000 on June 23, 2026, with specific conditions regarding manure management, construction, and environmental protection. Public comments during the Hough Farms hearing included concerns about manure handling, mortality management, runoff, and the future of an existing feedlot. Neighboring property owners expressed concerns about proximity of manure and property line fences. [16012 70th Street South, Sabin, MN 56580; case CUP_006_2026] Red River Communications is requesting a Conditional Use Permit for a telecommunications hut. The proposed structure is approximately 12 feet by 20 feet on a 50-foot by 50-foot gravel pad. The purpose is to support a federal ReConnect Grant to extend fiber service. The property is located at 16012 70th Street South, Sabin, MN 56580, on Parcel ID 01.029.2201, in part of the NW1/4 of the NW1/4, Section 29, Township 137N, Range 47W, Alliance Township. The parcel size is 1.77 acres. The surrounding land use is Agricultural/Residential. Key review issues include setbacks, agricultural compatibility, security, access, drainage, exterior appearance, screening, lighting, and long-term maintenance. The staff analysis indicates the proposal can meet essential service standards with conditions, including final setbacks of 50 feet from lot lines and 125 feet from road centerlines, and preservation of agricultural access. The recommended action is to approve the permit with conditions. [17.015.1000] Westlund Excavating is requesting an interim use permit for a 39.5-acre gravel mine. The location is Parcel ID 17.015.1000, in part of the NW1/4 of the SE1/4 and SW1/4 of the NE1/4, Section 15, Township 141N, Range 45W, Keene Township. [23.011.4800, 23.011.4801, 23.011.4600] Gerald Zimmerman is requesting an interim use permit for agricultural worker housing. The locations are Parcel IDs 23.011.4800, 23.011.4801 and 23.011.4600, in the SE1/4 of Section 11, Township 140N, Range 48W, Oakport Township. [06.019.4000] White Oak Garden LLC is requesting a conditional use permit for a 5-megawatt community solar garden. The location is Parcel ID 06.019.4000, in part of the SE1/4, Section 19, Township 138N, Range 47W, Elmwood Township. [16.025.4000] On June 23, 2026, the Clay County Planning Commission GRANTED a Conditional Use Permit to Ryan and Michael Hough Farms for a 999-animal unit cattle feedlot. The property is Parcel ID 16.025.4000, the SE/14 Section 25, Township 137N, Range 45W, Humboldt Township, approximately 4.5 miles east of Barnesville and .5 miles south of Trunk Highway 34. The 160-acre parcel currently has an existing 299-AU feedlot. The request involves constructing two feedlot barns with manure management, including covered bedded-pack storage and concrete stacking areas. Construction was to begin in 2026. Public comments included concerns about manure handling, long-term management, mortality management, runoff into Whisky Creek, and environmental impacts of expansion. Neighboring property owners, Stuart Shulstad and Bob Gilbertson, raised concerns about manure proximity, fencing, and property line issues. The permit was granted with 12 conditions, including limits on animal units, obtaining all required permits, construction consistent with submitted plans, manure management, land application at agronomic rates, no discharge to waterways, mortality management, discontinuation of the existing open lot, and maintenance of haul roads.
Agenda items
- 1. Applicant must abide by the provisions of the Clay County Land Development and Subdivision Ordinance.
- 1. Approval is limited to a cattle feedlot not to exceed 999 animal units, representing a 700-AU expansion
- Ranching & Livestock
- General Contractor
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- 1. Approval is limited to a cattle feedlot not to exceed 999 animal units, unless a new or amended
- 1. Call Meeting to Order
- 1. Call Meeting to Order
- 1. Exhibit A - County Location Map
- 1. Exhibit A - County Location Map
- 1. Exhibit A: County Location Map
- 1. Is granting the variance in harmony with the general purposes and intent of the Clay County
- 1. Permit shall terminate on December 31st, 2036.
- 1. Request Summary
- General Contractor
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- 1. Request Summary
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Trucking & Freight
- Engineering & Architecture
- 1. Request Summary
- Site Prep, Grading & Hardscape
- General Contractor
- Plumbing
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Concrete & Masonry
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- Landscaping & Lawn Service
- 1. Support the long-term protection of the County’s strong and diverse agricultural economy.
- 1. The permit authorizes temporary agricultural employee housing in (a) the existing old farmhouse and (b) only
- Carpentry & Cabinetry
- Electrical
- HVAC & Climate Control
- Plumbing
- Building & Industrial Supply
- 1. The property line must be accurately located by a licensed land surveyor.
- 1. The property line must be located by a licensed land surveyor.
- 10. Final construction plans shall verify drainage, construction erosion control, stormwater
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- General Contractor
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 10. Final construction plans shall verify drainage, construction erosion control, stormwater management,
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Building & Industrial Supply
- 10. Installation and maintenance must control dust, mud, trackout, noise, and erosion. Disturbed soil must be
- 10. No increase in the combined number of units or beds, relocation of employee housing, conversion to
- 10. Operator shall provide parking, screening, lighting, drainage, and portable sewer facilities consistent
- 11. Any standby generator, battery system, HVAC equipment, or other mechanical equipment not described in
- 11. Before construction or operation of the expanded feedlot, the applicant shall submit a final site
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Ranching & Livestock
- 11. Before construction or operation of the expanded feedlot, the applicant shall submit a final site plan or
- Engineering & Architecture
- Legal Services
- Real Estate Development
- Site Prep, Grading & Hardscape
- 11. Operator shall control all County and State listed noxious weeds in the mining areas.
- 11. Within 30 day s after approval, and before any further construction, occupancy, or use of the new shop,
- Engineering & Architecture
- Title & Settlement Services
- General Contractor
- Site Prep, Grading & Hardscape
- 12. Operator shall maintain any and all haul roads, and promptly mitigate any spillage or tracking of
- Site Prep, Grading & Hardscape
- General Contractor
- Ranching & Livestock
- 12. Operator shall maintain any and all haul roads, and promptly mitigate any spillage or tracking of
- General Contractor
- Electrical
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Engineering & Architecture
- 12. Operator shall post a reclamation bond of $40,000 ($1000/acre) and reclaim mined out areas as mining
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- 12. The applicant must obtain and comply with all applicable federal, state, county, township, road-authority,
- Engineering & Architecture
- General Contractor
- Utilities (Sub)
- Electrical
- Site Prep, Grading & Hardscape
- 12. Within 30 days after approval, the owner shall submit completed after-the-fact County and Oakport
- General Contractor
- Engineering & Architecture
- Legal Services
- Government Authority
- 13. This Interim Use Permit does not legalize construction completed without required permits, waive the
- 14. The owner shall comply with the Clay County Land Development Ordinance, Oakport Township
- 2. An encroachment easement describing the degree of encroachment must be
- Legal Services
- Title & Settlement Services
- Site Prep, Grading & Hardscape
- 2. An encroachment easement describing the degree of encroachment must be recorded against
- Legal Services
- Engineering & Architecture
- Title & Settlement Services
- General Contractor
- 2. Before installation, the applicant must submit a final dimensioned site plan acceptable to the Planning
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Engineering & Architecture
- 2. Exhibit B - Zoning Map
- 2. Exhibit B - Zoning Map
- 2. Exhibit B: Zoning Map
- 2. Is the requested variance consistent with the Clay County Comprehensive Land Use Plan?
- Legal Services
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- Farming & Crops
- 2. Land Use – Agricultural Goal: Recognize and protect the agricultural character of Clay County.
- Legal Services
- Business Consulting
- 2. Operate within provisions of the Clay County Land Development Ordinance, especially the specific
- 2. Potential Planning Commission Action
- Site Prep, Grading & Hardscape
- Electrical
- General Contractor
- Building & Industrial Supply
- Engineering & Architecture
- 2. Potential Planning Commission Action
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Waste Management
- 2. Potential Planning Commission Action
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Plumbing
- Electrical
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Drywall & Insulation
- Windows, Doors & Glass
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- Utilities (Sub)
- 2. The applicant shall obtain and maintain all required MPCA/County Feedlot Officer approvals,
- General Contractor
- Site Prep, Grading & Hardscape
- Plumbing
- Electrical
- HVAC & Climate Control
- Concrete & Masonry
- Roofing
- Drywall & Insulation
- Painting & Flooring
- Windows, Doors & Glass
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Legal Services
- Waste Management
- 2. The applicant shall obtain and maintain all required MPCA/County Feedlot Officer approvals, including
- 2. The approved housing facilities, collectively, shall contain no more than the number of dwelling units and
- 24. Most of the proposed project area is identified by aggregate potential mapping as slight gravel potential,
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- General Contractor
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 3. Exhibit C - Area Land Uses and Haul Route through the Rodewald Property
- 3. Exhibit C - Prime Farmland and Wetlands Map
- 3. Exhibit C: Site Photo
- 3. Occupancy is limited exclusively to employees of the agricultural operation and their family members for no
- 3. Operator shall control dust and provide necessary maintenance on any/all gravel haul roads. Chloride
- 3. Subject Property and Proposal
- General Contractor
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- 3. Subject Property and Proposal
- Site Prep, Grading & Hardscape
- Mining & Extraction
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- 3. Subject Property and Proposal
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Painting & Flooring
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- Utilities (Sub)
- 3. The building and gravel pad must be located substantially in the northwest portion of the parcel as shown on
- Site Prep, Grading & Hardscape
- General Contractor
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Building & Industrial Supply
- Engineering & Architecture
- 3. The facility shall be constructed and operated substantially consistent with the submitted
- General Contractor
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Building & Industrial Supply
- 3. The facility shall be constructed and operated substantially consistent with the submitted site/building
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- General Contractor
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 4. Before occupancy, the owner shall submit the signed statement required by Section 8-8-2(D)(6) and shall
- 4. Conditional Use Permit Application
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Legal Services
- 4. Exhibit D - 2025 Variance Site
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- 4. Exhibit D - Farmland and Wetlands
- 4. Interim Use Permit Review Criteria
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- General Contractor
- Construction (Other)
- Utilities (Sub)
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- Real Estate Development
- 4. Interim Use Permit Review Criteria
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- Waste Management
- Utilities (Sub)
- 4. Operator shall provide proof of NPDES/SDS, Storm Water Management, and Air Quality Permits, as
- 4. The applicant must obtain approval from the Clay County Highway Department for any new or modified
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Construction (Other)
- Utilities (Sub)
- Engineering & Architecture
- 4. The covered 28-foot-wide manure storage area and outside west end manure stacking area shall be
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- General Contractor
- Utilities (Sub)
- 4. The covered 28-foot-wide manure storage area and outside west-end manure stacking area shall
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- 5. Before occupancy of either facility, the owner shall submit a final site plan and floor plans showing the
- General Contractor
- Site Prep, Grading & Hardscape
- Electrical
- Plumbing
- HVAC & Climate Control
- Concrete & Masonry
- Carpentry & Cabinetry
- Roofing
- Painting & Flooring
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 5. Citizens To Be Heard
- 5. Citizens To Be Heard
- 5. Exhibit E - Required Setback Map
- 5. Exhibit E - Site Photos, May 15 and July 9, 2026, including evidence of construction after the
- 5. Operator must comply with State of Minnesota Noise Pollution Rules.
- 5. Planning Commission Motion Options
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Legal Services
- 5. Planning Commission Motion Options
- General Contractor
- Site Prep, Grading & Hardscape
- Plumbing
- Electrical
- HVAC & Climate Control
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- Government Authority
- 5. Staff Analysis - Conditional Use Permit Review Standards
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Lighting & Low-Voltage Systems
- Building & Industrial Supply
- Engineering & Architecture
- 5. The applicant shall implement the CMP and keep it current, including soil and manure testing,
- 5. The applicant shall implement the CNMP and keep it current, including soil and manure testing, manure
- 5. The telecommunications shelter may not exceed approximately 12 feet by 20 feet without prior Planning
- General Contractor
- Electrical
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- 6. Before occupancy of either facility, Clay County Environmental Health shall verify that the potable water
- 6. Exhibit F - Aggregate Potential and Wetlands
- 6. Interim Use Permit Application (separate attachment)
- 6. Manure shall be land applied only at agronomic rates and in compliance with all required
- 6. Manure shall be land applied only at agronomic rates and in compliance with all required setbacks from
- 6. Operations must comply with all provisions of Wetlands Conservation Act (WCA). Operator must
- 6. Potential Permit Conditions if Approved
- 6. Potential Permit Conditions if Approved
- 6. Public Hearing(s):
- Solar Installation
- Site Prep, Grading & Hardscape
- Electrical
- Utilities (Sub)
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 6. Public Hearing(s):
- Solar Installation
- Site Prep, Grading & Hardscape
- Electrical
- Building & Industrial Supply
- Engineering & Architecture
- 6. Recommended Action
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Building & Industrial Supply
- 6. The building, doors, electrical cabinets, batteries, and other equipment must be secured against
- 7. Attachments / Exhibits
- 7. Attachments / Exhibits
- 7. Exhibit G – Site Photos
- 7. Existing vegetation outside the approved disturbance area must be retained where practicable. If the
- 7. Interim Use Mining Permit Application and Applicant Maps (separate attachment)
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- 7. No manure-laden runoff or process wastewater shall discharge to Whisky Creek, tributaries, wetlands,
- 7. No manure-laden runoff or processed wastewater shall discharge to Whisky Creek, its
- 7. Off-street parking and access shall be provided and maintained in accordance with Clay County standards
- 7. Operator permitted a maximum of 39.5 acres for mining operations (excavation, screening, crushing,
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Equipment & Vehicle Rental
- Engineering & Architecture
- Waste Management
- 7. Proposed Conditions
- 7. Recorded Variance No. 856814 and 2025 Variance Letter (separate attachments)
- 8. Attachments / Exhibits
- 8. Facility may operate April thru December, Monday thru Friday, 7:00 AM until 7:00 PM, hauling only on
- Mining & Extraction
- Trucking & Freight
- Landscaping & Lawn Service
- Site Prep, Grading & Hardscape
- 8. May 21, 2026 Notice to Cease Construction (separate attachment)
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Roofing
- Electrical
- Plumbing
- HVAC & Climate Control
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- 8. Mortality shall be managed in accordance with the approved mortality management plan and
- 8. Mortality shall be managed in accordance with the approved mortality management plan and applicable
- 8. Outdoor lighting is prohibited except where required for code, safety, or essential service. Any approved
- 8. The permit shall terminate upon the first applicable event in Section 8-11-8(D), including the stated expiration
- 9. If either approved housing location ceases to be occupied by agricultural employees for more than two
- 9. No outdoor storage, refuse accumulation, or public/customer activity is permitted. The building, gravel pad,
- 9. Operator shall present a mine plan to Planning Office indicating exact area to be mined, current
- Mining & Extraction
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Engineering & Architecture
- Waste Management
- 9. The existing open lot/feedlot area shall be discontinued, cleaned, stabilized, or otherwise
- 9. The existing open lot/feedlot area shall be discontinued, cleaned, stabilized, or otherwise managed as
- a. The applicant proposes to use the property in a reasonable manner not permitted by
- b. Exceptional or extraordinary circumstances apply to the property that do not apply
- c. Granting the variance will not alter the essential character of the property's locality.
- General Contractor
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
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