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Ordinance 674CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA C090QM/ Lra_*Zr wl AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER 20 OF THE CHANHASSEN CITY CODE REGULATING AGRITOURISM USE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Intent of this ordinance is to permit Agritourism as an interim, accessory use of a working/active farm to provide educational, entertainment and recreational activities related to agricultural operations. Section 2. The Chanhassen City Code is amended by adding the following definition to section 1-2 to read as follows: Agritourism means activities carried out on a farm that allows organizations or members of the general public, for recreational, entertainment, or educational purposes, to view, enjoy, or participate in rural activities regardless of compensation. (a) Uses include corn/bean mazes, hay rides, pumpkin picking, harvest -your -own produce, corn pits, hill slides, pumpkin throwers/cannons, lookout towers, zip lines, straw bale mazes, apple picking, play structures, antique tractors displays, saw mill demonstrations, agricultural demonstrations, hay stacks, kiddie trains, sleigh rides, snowshoeing, maple syrup harvesting, cross country skiing, animal walks, animal rides, farm implement games, sledding hills, axe throwing, outdoor music, archery. Section 3. The Chanhassen City Code Article IV, Division 3, Standards for Agricultural and Residential Districts, is amended by adding section 20-252, and renumbering the sections that currently exist, to read as follows: Sec 20-252 Agritourism The following conditions will apply to Agritourism activities: (a) Plans shall be required showing the location of all improvements, structures or proposed activity areas. (b) The site must be on and have access to a collector or minor arterial. (c) The minimum lot size shall be 20 acres. (d) The site must have 50% of its land being used as "agriculture" as defined in Sec. 1-2. "Rules of construction and definitions". (e) All structures and storage areas must be set back 50 feet from public rights -of -way and 150 feet from any adjacent single-family residences, or a minimum of 50 feet from a side lot line, whichever is greater. (f) The applicant shall provide a parking plan detailing size, capacity, and location. Parking areas shall be limited to on -site parking. Parking areas shall be set back 50 feet from public right-of-way unless screened. Accessible parking shall be shown on the plans and must be on an accessible surface. The number of accessible spaces shall be based on the maximum parking capacity- (g) Buildings used for Agritourism events must meet City building and fire codes in effect at the time of the use. Building requirements shall be based on occupancy. (h) Hours of operation shall be from 8:00 am. to 'h hour after sunset. (i) Retail sales shall be limited to Agritourism-related items. This includes, but is not limited to, items that can be produced locally or grown on site, such as produce, honey, sweet corn, pumpkins, gourds as well as non -edible items such as products and crafts produced or manufactured on site. Items promoting the establishments with its name are permitted, but retail space for these items is limited to 300 square feet. (j) All animals must comply with City Zoning Code requirements for petting farms section 20- 264—(10). (k) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress. The access to buildings and parking areas will require a proper road surface, which is able to provide support for emergency and fire vehicles. (1) Parking screening shall be in conformance with section 20-1181 of the Chanhassen City Code within 50 feet of a residence that is not located on the property subject to the Interim Use Permit for Agritourism. (m)The applicant must obtain all required State approvals, licensure and permits. (n) Vendors shall be limited to food trucks. The location of vendors shall be identified on the site plan. (o) The applicant shall include erosion and sediment controls on the permit submittal or provide justification for why erosion and sediment control may not be necessary. In addition, if City staff identify that erosion and sediment control issues are created or persist during the duration of the IUP, the City can require subsequent erosion and sediment control measures to mitigate against these issues. All appropriate temporary erosion and sediment control measures shall be maintained by the owner until permit is closed out. (p) Agritourism interim use sites are required to provide an initial analysis of the "before" and "after" operational traffic impacts to the abutting and surrounding road system resulting from proposed plans associated with the interim use and associated traffic movements and volumes in order to identify capacity deficiencies at affected intersections and to help identify feasible solutions to the deficiencies. 2 (q) The applicant shall provide sanitary facilities for the site visitors. The use of and location of portable chemical toilets must be reviewed and approved as a condition of approval of an Agritourism use. The maintenance and use of chemical toilets shall be subject to the following: (1) Shall be securely anchored to the ground to prevent tipping. (2) Shall be screened from public right-of-way and residential property with landscaping. (3) Shall be serviced as operational plans require based on usage. (4) Only models designed to minimize the potential for spilling may be used. (5) Receipt of an annual permit from the City's Planning Department. The permit shall be issued unless the conditions of approval of this section have been violated. All permit applications shall be accompanied by the following information: a. Name, address, and phone number of applicant(s). b. Site plan showing proposed location of chemical toilet(s). c. Name, address, and phone number of chemical toilet supplier. d. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. e. A written description of how the applicant intends to screen the portable chemical toilet(s) from all views into the property. (r) Outdoor music with amplified sound shall require a special event permit pursuant to section 20-964 of the Chanhassen City Code. (s) Prior to commencing activities and demonstration involving equipment and machinery or the use of projectiles, the applicant shall establish safety practices, procedures and locations for such activities and provide to the City the plan for the established safety practices, procedures and locations. Section 4. The Chanhassen City Code Article X, Agricultural Estate District, Section 20- 576, Interim Uses, is amended by adding the following use to the list of interim uses: 0) Agritourism. Section 5. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 9'" day of August, 2021, by the City Council of the City of Chanhassen, Minnesota. Laurie Hokkanen, City Manager Elise Ryan, Mayor (Summary Ordinance 674 published in the Chanhassen Villager on August 19, 2021) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 674 AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2; CHAPTER 20, ARTICLE IV, DIVISION 3; AND CHAPTER 20, ARTICLE X OF THE CHANHASSEN CITY CODE REGARDING AGRITOURISM The purpose of this code amendment is to establish a definition, standards, and allow Agritourism as an interim use in the Agricultural Estate District. A printed copy of Ordinance No. 674 is available for inspection by any person during regular office hours at the office of the City Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 9th day of August, 2021 by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Kim Meuwissen, City Clerk (Published in the Chanhassen Villager on Thursday February 17 2022• No- 4161) Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Vera Kehl, being duly sworn on oath says that she is an authorized employee for the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. L41&1 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdeflghijklmnolxlrstuvwxyz By: Vera Kehl Subscribed and sworn before me on 1h this 1:day of B r Gl lI 2022 :;. LAURIE A HARTMANN NOTARY PUBLIC - MINNESOTA Notary Public; MY COMMISSION EXPIRES 01/31/25 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $15.18 per column inch