3 IUP 2930 West 78th StreetCITYOF
690 City Center Drive
PO Box 147
Chanhassen, Mi, nesota 55317
aholle
952.937.1900
General Fax
952.937.5739
Engineering Deparonent Fax'
952.937.9152
Buildi,g Deparonent Fax'
952.934.2524 ·
Web Site
zt,z~'u! ci. cha,hasse,, m,. us
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission
Julie Grove, Planner I
January 9, 2002
Interim Use Permit 2000-2 Amendment, Miss Rosie's Farm
The purpose of this memo is to provide information on the request to amend
Interim Use Permit (IUP 00-2), Miss Rosie's Farm.
· The applicant's request is to realign the approved driveway location.
· The applicant is also requesting that condition 4/3 (Parking shall be limited
to 10 stalls with the provision for only 1 bus) be changed to allow for
provisions for 2 bus parking areas.
BACKGROUND
On July 24, 2000, the City Council approved the applicant's request for a zoning
ordinance amendment (ZOA ~00-1) to allow petting farms as in interim use in the
A-2, Agricultural Estate district.
On July 24, 2000, the City Council als° approved the applicant's request for an
interim use permit (IUP//00-2) to operate a petting farm, subject to the plans
dated February 22, 2000, with the conditions found in Attachment 1.
In May 2001, the City approved Arboretum Village, a planned unit development
located directly south and east of the applicant's property. As part of this
development an outlot was created to preserve the natural features. This outlot is
south of a wetland, and includes the wetland buffer area. This outlot abuts the
applicant's property on the north and east sides (Attachment 9)
As part of a state project on TH 41 that corresponded with the Arboretum Village
development, the Minnesota Department of Transportation (MNDOT) has
required the southerly driveway access on the applicant's property be closed and
relocated for safety reasons. To comply with MnDOT's requirements, condition
7 of IUP//00-2 states that "The site shall only have access from West 78th Street."
See Attachment 9 (map on showing subject site and Arboretum Village).
The Gn, of Cha,hasse,. A ~rmwi,~, commu,itv with c/ea, /akev.
Amend IUP for Miss Rosie's Farm
January 15, 2002
Page 2
In the fall of 2000, the applicant requested that her farmstead be assessed to determine its
potential historical significance. On November 10, 2000, Hess, Roise and Company visited the
Rose-McAllister Farmstead to assess its eligibility for the National Register of Historic Places.
The conclusion of this assessment was that the "Farmstead appears to be eligible for the National
Register of Historic Places."
In October 2001, the applicant met with staff to discuss changes of the location and alignment of
the proposed driveway. Staff explained that the applicant would need to amend the approved
Interim Use Permit (IUP 00-2). This IUP was approved based on the plans previously submitted
by the applicant.
ANALYSIS (INTERIM USE PERMIT AMENDMENT)
The applicant is requesting an amendment to Interim Use Permit (IUP 00-2) for two reasons:
o
o
Realign the driveway, so that instead of running straight north off of West 78th Street as
approved, it would loop to the west and connect with the existing driveway.
Amend Condition #3 limiting parking to 10 stalls with the provision for only 1 bus. The
applicant is requesting a change to add provisions for 2 buses.
Driveway Realignment
The reason the applicant is requesting to realign the driveway is so that the historic integrity of
the site is maintained, and so that it maintains its eligibility for the National Register of Historic
Places. Staff contacted Dennis Gimmestad at the'Minnesota Historical Society, who stated that it
was difficult for them to provide comments without physically visiting the site. He did state that
on historically significant 'sites it is best to maintain the character of the site. In most cases, it is
best not be make changes to the site that are radically different from the historical patterns.
With the original interim use permit (IUP 00-2) one of the conditions of approval from the Fire
Marshall stated a 20-foot wide fire lane must be provided for safety reasons. To meet ordinance
requirements, the proposed driveway must be paved with a hard surface (Ordinance No. 330,
Attachment 5). The proposed driveway realignment will require the removal of several trees,
and the installation of a retaining wall. At this time, staff does not have enough information to
determine whether these requirements and changes would alter the historic significance of the
site.
To be clear, staff is outlining the issues with this site:
,
o
The applicant intends to open a petting farm on this property and has an approved IUP
pmTnitting this use. The applicant has not begun operation of the petting farm.
The applicant is in the process of putting this property on the National Register of
Historic Places. This process has not been finalized.
The applicant is requesting changing the driveway alignment so that it does not change
the eligibility of this property as a historically significant site.
Amend IUP for Miss Rosie' s Farm
January 15, 2002
Page 3
.
The applicant has also requested to intensify the use on this site by increasing the number
of bus parking areas.
The driving force behind looping the driveway is the historic significance of the site.
Staff needs a professional opinion from the State Historical Preservation Society (SHPO)
detailing what changes would be permitted and what changes would cause the site to loose its
historical significance. We have submitted the plans to SHPO for review and comments. We
have also contacted them by phone to discuss the project. However, we currently do not have an
affirmative answer to our questions. Staff also needs to know if this site is going to be put on the
National Register of Historical Places.
Regardless, staff is obligated to determine if the request meets ordinance requirements. At this
time, the City does not have a historic preservation ordinance. Based on existing ordinance
requirements, the original alignment is the most compatible with this site. Moving the driveway
from the approved location would cause more tree removal, interfere with the required buffer
yard planting and eliminate much of the area proposed for natural plantings. It will also require
additional grading and a retaining wall.
The approved driveway alignment runs straight north into the property (see Attachment 4)
through a flat area with few trees. The approved driveway is approximately 200 feet in length
vs. 490 feet in length for the proposed realigned driveway. The approved driveway provides
easier access, no grading issues, and increased visibility. Since this alignment requires a shorter
driveway, less impervious surface would be required. The approved alignment is more
conducive to the natural features on the site.
Based on the above, the original alignment should be implemented as it 'is most compatible with
existing ordinance requirements. Staff cannot support approval of the driveway realignment.
Additional Bus Parking
With the original Interim Use Permit, the applicant requested 20 parking stalls and 2 bus parking
areas. However, the City approved 10 stalls and provisions for only 1 bus parking area
(Condition #3). The objective of this condition was to limit the intensity of the use and the
number of people on the site. This property is located in a transition area for urban development,
within the Bluff Creek Secondary Overlay District, and all surrounding properties are guided
residential-low density development. With the approval of the IUP for the petting farm, the
primary use of this site became commercial in nature. As development occurs in this area, a
petting farm may become incompatible with surrounding uses.
This condition was intended to limit or mitigate negative impacts that a petting farm may have
on neighboring residential sites. The City wanted to see if the site could accommodate and
manage the number of people the approved parking will generate. If, after operations began,
things were successful, then the City would consider amending the parking requirements. Since
the operation of the petting farm has not commenced and since all original questions/concerns
Amend IUP for Miss Rosie's Farm
January 15, 2002
Page 4
remain the same, staff cannot support amending the original condition (See Council Minutes-
7/24/00, pg 26 & 27, Attachment 6).
RECOMMENDATION
"The Planning Commission recommends denial of the amendment to IUP 00-2 to realign the
approved driveway and increase the number of bus parking areas to 2 based on the following
reasons'
o
,
The approved alignment has less impact on the site.
The approved alignment will generate less impervious surface.
Until the petting farm has been in operation, the City will not fully understand the level
of traffic generated on the site.
The approved alignment is more conducive to the sites natural features.
Without a professional opinion from the State Historical Society, staff is not qualified to
make a recommendation on the driveways impacts to the sites historical significance.
Should the Planning Commission recommend approval of this application, staff recommends the
following motion be adopted.
"The Planning Commission recommends approval of IUP 00-2 amendment as shown on plans
dated 12-10-01 subject to conditions 1-14 of IUP 00-2, with a deletion to condition 5, and with
the addition of the following conditions:
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
The driveway access to Hwy. 41, on the north portion of the property, may be used for
private use only.
Buffer yard plantings shall be located along West 78th St. Included in the plantings shall
be 2 overstory trees, 6 understory and 6 shrubs.
The applicant shall submit a revised site plan that shows the allowable parking area.
Tree protection fencing shall be installed at grading limits for driveway and parking areas
prior to construction.
Any trees removed in excess of those proposed for removal shall be replaced at a rate of
2:1 diameter inches.
Revise the plan to comply with a 10-foot minimum driveway width.
Add City Detail Plate No. 5300.
Extend the site fence toward the southwest comer.
The applicant shall utilize the existing access off of Trunk Highway 41 and remove it
when the work is completed.
Re-sod or re-seed any disturbed area.
Add a benchmark to the plan.
The driveway surface must be paved or have prick-paver surface installed.
The applicant must get MnDOT permit for right-of-way grading."
Amend IUP for Miss Rosie's Farm
January 15, 2002
Page 5
ATTACHMENTS
1. IUP 00-2, Staff Report & letter of approval with conditions.
2. Application & letter
3. Site plan(driveway realignment)
4. Original site plan
5. Ordinance No. 330
6. Council Minutes-July 24, 2000 (pg 26 & 27)
7. Memo from Jill Sinclair, dated December 19, 2001
8. Memo from Mak Sweidan, Dated December 18, 2001
9. Public hearing notice and property owners
g:\plan\jh\projectsXmisch'osie's farm iup00-2 amendment.doc
CITY OF
STAFF
P~_: DATE: 4/19/00
6/06/00
CC DATE: 6/26/00
7/10/00 7/24/00
REVIEW DEADLINE:
6/22/00 6/26/00
7/10/00 7/24/00
IUP 00-2
REPORT By: Kirchoff
PROPOSAL:
LOCATION:
APPLICANT:
Request for a(n):
(1) Zoning ordinance amendment to allow petting farms as an interim use in
the A-2, Agricultural Estate District; and
-.
(2) Interim use hermit to operate a petting farm.
7461 Hazeltine Blvd.
Susan McAllister
(Miss Rosie's Farm)
7461 Hazeltine Blvd.
Excelsior, MN 55331
474-5099
l.fl
PRESENT ZONING:
2020 LAND USE PLAN:
A-2, Agricultural Estate District
Residential, Low Density
ACREAGE: 6 acres DENSITY: N/A
SUMMARY OF REQUEST: The applicant would like to operate a petting farm on a parcel
currently utilized as a hobby farm and zoned A-2, Agricultural Estate District. The zoning
ordinance does not permit this activity, so the applicant is requesting an amendment. Staff
. supports the idea of a petting farm in this district, but only as an interim use.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a high level of discretion in approving zoning ordinance amendments because the
City is acting in its legislative or policymaking capacity. A zoning ordinance amendment must
be consistent with the City's Comprehensive Plan.
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 2
the City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
PLANNING COMMISSION UPDATE
On June 6, 2000, the Planning Commission reviewed this item and recommended approval of the
zoning ordinance amendment by a unanimous vote. The interim use permit for the petting zoo
_ was approved by a vote of 4 to 1 (one commissioner abstained from voting, thus counting as a
positive vote). One commissioner did not support the level of activity proposed on the site.
In terms of the zoning ordinance amendment to allow petting farms, the Planning Commission
had concerns with staff's limit on the number of employees and types of animals. They
recommended that 3 full-time employees be permitted per 5 acres, based upon the applicant's
request. Further, they cited dangerousness as the criterion for limiting animals, rather than by
type (e.g., wild or exotic). The definition of petting farm was also altered. These recommended
changes are in bold and outdated information has been struck through.
Sec. 20-267. Petting Farms.
8,
9.
10.
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
2. The minimum lot size shall be five (5) acres.
3. The applicant for the interim use permit shall reside on the site. Only onc (1) three (3)
full-time equivalent non-resident or contracted employees may be employed on the site
per five (5) acres.
4. Only customary farm animals shall bc allowed on thc sitc. Wild or cxotic Dangerous
animals shall be prohibited.
5. All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an' adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent
opaque fencing or berming.
6. Parking areas shall be screened from public or private rights-of-way and adjacent single-
family residences.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
No outdoor speaker systems shall be allowed.
Signage shall comply with article XXVI of the zoning ordinance.
Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting farm related items.
11. Animals kept outside must have continual access to shelter to protect them from the
elements. If chains confinc animals thcy must bc attached in such a manner as to not
becomc entangled with chains of othcr animals. Animals and must be in a confined area
with fencing.
12. A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 3
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Section 20-1. Definitions.
Petting farms means "any activity whereby non-dangerous animals customarily and historically
associated with bcing raised on agricultural propcrtics in thc United Statcs are exhibited and
allowed to closely interact with visitors, regardless of compensation."
Section 5-76 (1) of the City Code defines dangerous animals as "any animal with a known
propensity or disposition to unprovoked attacks, to cause injury to or to otherwise endanger the
safety of humans or other domestic animals." However, this definition only refers to dogs and
cats, not to animals in general. Thus, there will be difficulty determining whether an animal as
part of the petting farm is dangerous, so the zoning ordinance will need to be amended to include
a definition. Staff recommends that the definition of dangerous animal be included in Section
20-1 (Definitions) that states the following: "Dangerous animal means any animal with a known
propensity or disposition to unprovoked attacks, cause injury to or otherwise endanger the safety
of humans or other domestic animals or animals that are noisy or disruptive in behavior." If the
City Council does not incorporate the Planning Commission's recommendation in the approval,
this definition will not be necessary.
Staff does not support changing the number of employees and the type of animals permitted with
the use or the definition of petting farm. However, Standard number 11 has been changed as
recommended by the Planning Commission.
The Commission also recommended that the permit termination period be extended from five to
seven years. Staff does not have any issues with extending the term for two additional years.
This has been changed in the conditions of approval.
Since the Planning Commission reviewed this item, the City became aware of the applicant's
septic system failure. The system will have to be brought into compliance prior to any business-
related activities taking place on the site.
The issue of animal care has been brought to our attention so we in turn are forwarding this
information to the City Council. Staff was on site to inspect the property and the animals on
February 29, 2000. Since that time staff has received a complaint concerning the care of the
animals. The planning staff has not investigated this complaint because the complaint was
general in nature and not an immediate threat to any animal welfare. However, staff felt this
issue to be relevant to the interim use permit so it is included in this report.
This staff report has been updated. All new information is in bold and all outdated information
has been struck through.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 4
PRO POS AL/SUMMARY
The applicant would like to operate a petting farm on property currently utilized as a hobby farm.
The zoning ordinance does not permit this type of activity on property zoned A-2, Agricultural
Estate District. Thus, the applicant is requesting a zoning ordinance amendment to permit
petting farms. The site is 6 acres and is to be accessed via the extension of West 78th Street and
TH 41. The property is currently accessed via TH 41 (or Hazeltine Blvd.).
Staff supports the idea of a petting farm as an interim use in an agricultural district and has
prepared standards for the use. The standards address access, minimum acreage, setbacks,
number of employees, types of animals permitted and retail sales activity. The standards apply
to any petting farm operation in the A-2 district, not just the parcel requesting the amendment.
Staff believes that petting farms should only be permitted as an interim use permit so a
termination date can be specified. The A-2 district is essentially a "holding" area for urban
development. As development occurs within this district, a petting farm may be incompatible
with surrounding uses.
The site is bordered by the Meadows at Longacres and Bluff Creek on the north, the proposed
Pulte development on the south and east and TH 41 on the west. All surrounding properties are
guided residential, low density.
Staff recommends approval of the zoning ordinance amendment and interim use permit with the
standards and conditions outlined in this report.
BACKGROUND
On March 15, 2000, the Planning Commission preliminarily reviewed a zoning ordinance
amendment for a petting farm in the A-2, Agricultural Estate District. In general, the
commissioners supported the concept, however, they requested additional information about the
specific proposal requesting the amendment.
The Planning Commission reviewed the proposed zoning ordinance amendment and interim use
permit for Ms. McAllister on April 19, 2000. The majority of the Planning Commission
maintained support for the amendment and proposal and had concerns regarding staff's standards
and conditions of approval. The Commission tabled the requests so the applicant could meet
with staff to discuss dividing issues. The applicant and staff were in disagreement as to the type
of animals and the number of employees that should be permitted in conjunction with the
business. Staff met with the applicant however, no agreements were made.
The report attempts to separate the zoning ordinance amendment from the applicant's request, as
this amendment will impact any property in the A-2 zoning district. An analysis of the zoning
ordinance amendment to allow the use is first presented, and then in the following section Ms.
McAllister's proposal is discussed.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 5
ANALYSIS (ZONING ORDINANCE AMENDMENT)
The purpose of a zoning ordinance is to protect the health, safety and welfare of the public.
Ultimately, the zoning ordinance intends to protect residentially properties from uses that may
become nuisances, such as those that produce a large amount of traffic or noise. Although the
proposal that initiated the request proclaims itself to be a "petting farm," it will still impact
surrounding properties. That is, the increased traffic, noise and odors may become a nuisance to
the neighbors. The intent of the A-2 district is to preserve rural character while respecting
development patterns by allowing single family development (see Attachment 4). In essence, .
existing agricultural uses may remain, however, single family residences have the right to locate
within this district. A petting farm is certainly consistent with the intent of the district; however,
problems may arise with this type of activity operating adjacent to single family homes.
For instance, the City has received numerous complaints regarding a small 5 acre farm nestled in
a single family development. The property is not accessed through the development and a
business is not operated on the site, yet staff received complaints about animals visiting the
neighborhood and noise created by the farm animals. This is an example of how a quaint, rural
activity can be deemed a nuisance by a neighbor.
The zoning ordinance does not permit business activity on residentially zoned property, with the
exception of home occupations, which are required to be ancillary to the primary use of the site.
This intends to protect residential uses from the negative impacts of other non-residential uses.
The proposed zoning ordinance amendment to permit petting farms as an interim use could
permit a commercial activity to be the primary use of the site and alter policy in this district.
Meaning, if the acreage of the parcel is small, the business will quickly become the dominant use
of the site. This would not be permitted in any other residential district. It is staff's opinion that
a petting farm is appropriate on a large operating farm. If one would consider a petting farm to
be a farm-based business, then the use would be secondary to the operation of a large actively
farmed property. The activity would be supporting a larger agricultural business and would be
ancillary. This is the optimal scenario.
Many of the existing businesses operating in an agricultural zoning district are legal, non-
conforming uses. That is, they were operating prior to an ordinance being adopted that
prohibited the activity. They would not be permitted under the current zoning ordinance.
Essentially, the agricultural zone is a transition or "holding zone" between rural and urban uses
(particularly those properties north of Lyman Blvd). The agricultural use remains until the site is
developed according to the comprehensive plan. Since most of the properties zoned A-2 are in
this "transition" area, staff is recommending the activity be permitted as an interim use rather
than a conditional use. An interim use is more appropriate for this type of activity because of the
potential negative impact on residential properties. Staff will be able to place a termination date
on the use, so that after surrounding parcels are developed (or another event occurs) the use will
cease. A conditional use permit is inappropriate for this use because it can operate without a
termination date.
The following standards attempt to ensure that a petting farm located in an agricultural district
will not become a nuisance to the neighbors and limit the activity to an accessory use. Since this
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 6
is a request for an ordinance amendment, staff can create any standards deemed appropriate to
protect adjacent uses. The purpose of each standard is explained after each requirement. These
standards have not been changed since the Planning Commission meeting on April 19, 2000,
except for the criterion that the number of employees be based upon parcel area. A definition of
petting farm is also included.
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting farms:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
Purpose: To limit traffic conflicts, provide appropriate vehicular approaches and
provide access to the site without guiding traffic through a residential area.
2. The minimum lot size shall be five (5) acres.
Purpose: To limit nuisance com'31aints and provide separation between two possibly
incompatible uses.
o
The applicant for the interim use permit shall reside on the site. Only one (1) full-
time equivalent non-resident employee may be employed on the site per five (5)
acres.
Purpose: To limit the intensity of the use and to allow more employees on larger
parcels, thus lessening nuisance complaints.
4. Only customary farm animals shall be allowed on the site. Wild or exotic animals
shall be prohibited.
Purpose: To ensure this activity is not operating as a zoo and incompatible with
surrounding uses. Staff does not recommend that wild or exotic animals be permitted
with this type of activity to prohibit the use from evolving into a zoo. Further, staff does
not recommend that wildlife rehabilitation be allowed as requested by the applicant,
therefore limiting the intensity of the use. Individual applicants may wish to request
additional activities once their operation is running smoothly without complaints or
problems.
.
All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence
or a minimum of fifty (50) feet from a side lot line, whichever is greater. The city
council may require storage areas to be completely screened by one hundred (100).
percent opaque fencing or berming.
Purpose: To limit odors and noise complaints.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 7
6. Parking areas shall be screened from public or private rights-of-way and adjacent
single-family residences.
Purpose: To maintain the character of an agricultural or residential area.
o
Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential
as identified in the comprehensive plan.
Purpose: To limit the possibility of nuisance complaints and intensity of the operation.
8. No outdoor speaker systems shall be allowed.
Purpose: To limit the number of nuisance complaints.
9. Signage shall comply with article XXVI of the zoning ordinance.
Purpose: To ensure compatibility of signage with other agricultural or residential uses.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales
shall be limited to petting farm related items.
Purpose: To limit the intensity of the use.
11. Animals kept outside must have continual access to shelter to protect them from the
elements. If chains confinc animals thcy must bc attached in such a manncr as to not
becomc cntanglcd with chains of othcr animals. Animals and must be in a confined
area with fencing.
Purpose: To the protect animals associated with the use.
12. A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
renewal application will be subject to all city ordinances including any new
ordinances enacted after the original approval.
Purpose: To protect other properties in the transition zone between rural and urban uses.
Section 20-1. Definitions.
A petting farm can be defined as "any activity whereby animals customarily and historically
associated with being raised on agricultural properties in the United States are exhibited,
regardless of compensation."
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 8
The US Department of Agriculture (USDA) defines a zoo as "any park, building, cage,
enclosure, or other structure or premise in which a live animal or animals are kept for public
exhibition or viewing, regardless of compensation." Staffwants to ensure that the petting farm
will not evolve into a zoo, which is more appropriate in another zoning district. (Note: A
definition of zoo is not included with this ordinance amendment. The definition is included
as a means of comparison.)
Although one can compare the proposed petting farm operation to a zoo, staff believes
there is a difference. A zoo is a large-scale operation that displays all types of animals
(usually not household pets or farm animals) in simulated habitats, whereas a petting farm
is an operation in which farm animals are displayed in their farm or domesticated
environment.
ANALYSIS (INTERIM USE PERMIT)
The applicant would like to operate a petting farm on a 6 acre parcel zoned A-2 and guided
residential, low density (see Attachment 2). The petting farm is proposed to operate in
conjunction with an existing hobby farm. The applicant plans to provide pony rides, goat
milking, games, educational opportunities and barbecues. In addition, retail activities will take
place in a new structure.
The site plan indicates that an existing barn, stable, garage as well as a future retail building and
summer kitchen will be utilized for the operation. Four to five employees are proposed for this
year round business. Miss Rosie's Farm is planned to operate from 10:00 a.m. to 7:00 p.m., 5
days per week and 7 days in the future.
The operation entails the display of 76-83 animals typically found on a farm including ponies, a
donkey, a horse, pigs, sheep, goats, rabbits, a calf, geese, ducks and chickens. These animals are
typically found on a farm. In addition, the applicant wants to show exotic and wild animals like
chinchillas, a red fox, hedgehogs, Peacocks and prairie dogs. Staff does not support the
exhibition of these animals due to potential enforcement problems. The peacocks, for
instance, are known to be loud and disruptive. The City has received complaints about other
peacocks within the City. Further, if these animals are permitted the use will be deemed a zoo.
Staff will support a petting farm, but not a zoo. (Webster's Dictionary defines a zoo as "a
place where a collection of wild animals is kept for public showing.")
The intent of the A-2 district is to preserve rural character while allowing residential
development. Staff believes that a petting farm is compatible with that intent. Although the idea
of a petting farm is fine, the applicant's request is a commercial activity disguised as agriculture.
It is much too intense to be ancillary to the residence and will most certainly impact surrounding
parcels. In order for staff to fully support the proposal, it must comply with the conditions of
approval. Staff has not changed the conditions of approval of the interim use permit. The
conditions attached intend to mitigate any negative impacts that a petting farm may have on
neighboring sites.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 9
UTILITIES
The site is currently serviced by a private well and septic system. The City has recently been
notified that the septic system has failed. The system must be brought into compliance
prior to any petting farm activity taking place on the site (see Building and Fire Code
Issues).
Water service will be available in conjunction with the extension of West 78th Street in 2001.
(The project is scheduled for December 2000 bid letting with completion in late 2001 or
early 2002.) Sec. 19-19 of the City Code states that issuance of building permits for new
construction where the property is within 150 feet of the water system shall be conditioned upon
connection to the system. Further, it states that new wells shall not be permitted in this instance
and that connection to municipal service will be required upon failure of the private water
supply. The City is currently conducting a feasibility study for the extension of sanitary sewer in
that area. Sanitary sewer may be available to the site in summer 2001, if the City authorizes
the project.
(Note: Typically, the termination date for an interim use is based upon availability of municipal
services. In this instance, municipal water will be available soon.)
PARKING
The applicant anticipates parking for 20 vehicles and 2 buses and has indicated that no more than
100 people will be on the site at any one time. The parking area is proposed along the extension
of West 78th Street. Staff cannot support this size of an operation on only 6 acres. Only 10
parking stalls and 1 bus wilt be permitted.
Usually, staff requires curb and gutter to be installed for parking areas for a site plan. Since it is
an interim use this is not practical.
LANDSCAPING
The plan indicates that a large wooded area will be removed for construction of a parking area,
outbuildings and two horse rings. The tree preservation ordinance does not apply to this
situation; however, staff recommends that the applicant submit a landscape plan to the city.
There are a number of opportunities throughout the site to use landscaping and tree planting to
replace some of the lost canopy cover.
The parking area adjacent to West 78th St. will require landscape screening. Staff does not feel
daffodils will provide the necessary buffer from the parking lot views. Staff recommends
overstory, cvcrgrecns understory and shrubs be added'to the daffodil planting in order to
provide year-round interest and screening. Specifically, buffer yard "B" requires 2 overstory,
6 understory and 6 shrubs to be planted along West 78th Street. Additionally, depending on
the total square foot size of the parking lot, landscape area and trees may be required for that as
well.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 10
ACCESS
The site is to be accessed via the future extension of West 71gth Street and TH 41. As part of the
construction of the access boulevard for TH 5, the access from TH 41 will be eliminated. The
applicant cannot have access for buses as shown on the site plan. The purpose of eliminating the
access off of TH 41 is for safety and an adequate vehicular approach.
LIGHTING/SIGNAGE
Lighting and signage are both proposed for the petting farm. The zoning ordinance requires
shielded, cut-off fixtures. Staff does not recommend a large amount of lighting, except for safety
reasons, so the operation maintains the rural character.
The site plan indicates a 32 sq. ft. (4-foot by 8-foot) sign is proposed at the West 78th Street
entrance. The ordinance permits a 24 sq. ft. monument sign on properties zoned A-2.
BUILDING AND FIRE CODE ISSUES
The applicant is proposing to allow a private residence and accessory structures to be visited by
the public. Therefore, the proposal is required to meet the following building code requirements:
(1) All public buildings must meet code requirements as required for new buildings because of
the change of occupancy classification; (2) All buildings and areas intended for use by the public
must be on an accessible route and accessible to people with disabilities; (3) Two accessible
parking spaces must be provided; (4) Accessible sanitation facilities must be provided. :r-he
numbcr of fixturcs required will bc dctcrmined aftcr specific usc information is provided. If this
farm is intcnded to bc used on a short term, seasonal basis, portablc facilitics may bc provided,
any othcr usc would requirc pcrmancnt facilitics. If pcrmancnt facilitics arc required, two
acccptablc septic sitcs must bc cvaluated and located by a liccnsed dcsigncr; (a) the use
proposed does require that permanent sanitation facilities be provided, two restrooms, one
male and one female; (b) a new onsite sewage treatment system must be installed; (c) the
system must be sized to accommodate the waste from the dwelling (this system has recently
been determined to be failing) as well as the waste from the business, and (d) the new
system must meet the requirements of Minnesota Rules Chapter 7080 for "other
establishments." (5) The food preparation facilities requires approval from the Minnesota
Department of Health; and (6) Structures intended for public use must be evaluated by a
structural engineer to determine if the building is safe for occupancy.
The fire code requires adequate access to the site in the event of a fire. Furthermore,
combustible material and electrical wiring must be reviewed by the Fire Marshal.
The aforementioned building and fire safety requirements will significantly impact the proposed
petting farm. These life safety issues are almost more important than the zoning ordinance
requirements. This will determine whether Miss Rosie's Petting Farm can operate on this site.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 11
ENFORCEMENT
This request is not a typical application. The planning staff do not have expertise in animals and
waste, thus making it difficult to address and enforce all the issues associated with a petting
farm. Keeping abreast of all the issues once this use is operating will be burdensome for staff.
However, any complaints concerning the welfare of the animals will be forwarded to the
City's code enforcement division and/or Carver County Sheriff's Department.
The City Code requires a permit to stable horses. An application is to be filed every year
by June 1. The City's stable inspector performs an inspection and issues a permit. On
June 19, 2000, a stable permit was issued to the subject site for three horses.
FINDINGS
INTERIM USE PERMIT
Sec. 20-383. General Issuance Standards
The Planning Commission shall recommend an interim use permit and the council shall issue
interim use permits only if it finds that such use at the proposed location:
1. Meets the standards for a conditional use permit set forth in the Section 20-232 of the
City Code.
2. Conforms to the zoning regulations.
3. The use is allowed as an interim use in the zoning district.
4. The date of event that will terminate the use can be identified with certainty..
5. The use will not impose additional costs on the public if it is necessary for the public to
take the property in the future; and
6. The user agrees to any conditions that the city council deems appropriate for permission
of the use.
Finding: Once the zoning ordinance amendment and interim use permit are approved
and the applicant complies with the conditions of approval, the operation will conform to
the above standards.
Sec. 20-232. Conditional Use Permit, General Issuance Standards
An interim use shall meet the standards for a conditional use. The Planning Commission shall
recommend a conditional use permit and the council shall issue such conditional use permits
only if it finds that such use at the proposed location:
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 12
1. Will not be detrimental to or damage the public health, safety, comfort, convenience or
general welfare of the neighborhood of the city.
,
Finding: If the intensity and level of use is reduced consistent with the staff
recommendation it should be compatible with the neighborhood. The applicant will have to
ensure that the operation of the use is not a nuisance.
Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The City's comprehensive plan states, "the city does not provide for purely
agriculture land use but supports the preservation of this use in the greater Carver County
area." This area is guided residential, low density.
o
Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The original use of the property was part of a larger farmstead. The applicant is
seeking to preserve "the 1920's farmstead look and lifestyle." Staff is recommending
conditions that should make the use compatible with the surrounding land use. Currently,
there are limited neighbors so there maybe few complaints. As this area develops, the use
may not be compatible. Therefore, a $ 7 year termination date appears reasonable.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: Recommended conditions should minimize annoyance in the area.
o
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: Neighboring property owners have petitioned for sewer and water. This could be
allowed to remain as is for the :5 7 year interim use and when the use of the property
changes, municipal services will be required. No additional wells or ISTS will be allowed.
The existing septic system has failed and must be brought into compliance.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: No additional services are required with this use.
o
Will not involve uses, activities, processes, materials, equipment and condition of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 13
Finding: The staffhas limited the animals and added conditions to mitigate the impact of
smell and noise etc. Violations of noise and smell, etc. should be grounds for terminating
the use.
8. Will have vehicular approaches to the property that do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The site will have access off the new West 78th Street. Until this road is built and
access is gained, the business should not operate.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: Staff is recommending preservation of trees as well as additional plantings.
10. Will be aesthetically compatible with the area.
Finding: It is intended to have a farmstead use and lifestyle.
11. Will not depreciate surrounding property values.
Finding: Staffhas provided conditions that should mitigate any negative impacts.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: With the new standards for petting farms that staff has prepared and proposed
conditions it should be compatible.
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting farms:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
Finding: The petting farm will have access via W. 78th Street, a collector street.
2. The minimum lot size is five (5) acres.
Finding: The subject parcel is 6 acres.
3. The applicant for the interim use permit shall reside on the site. Only one (1) full-time
equivalent non-resident employee may be employed on the site per five (5) acres.
Finding: The applicant's proposal specifies 4-5 employees. The operation will have to
be scaled down to meet this requirement. The Planning Commission recommended
that 3 full-time employees be permitted. Staff does not support this change.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 14
.
4
o
o
Only customary farm animals shall be allowed on the site. Wild or exotic animals shall
be prohibited.
Finding: The applicant proposes to have wild and exotic animals in addition to the more
traditional farm animals. Staff does not support the wild or exotic animals because of
potential problems and nuisance complaints. The Planning Commission recommended
that the standard be changed to prohibit non-dangerous animals. Staff maintains
the idea that wild or exotic animals shall be prohibited because of the potential for
enforcement problems.
The applicant would also like to rehabilitate wildlife on the site. Staff believes that this is
too much activity for the 6-acre parcel. However, in the future, once the operation is'
operating without any problems, the applicant may request that wildlife rehabilitation be
permitted.
All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent
opaque fencing or berming.
Finding: The applicant's proposal indicates that all setbacks, but the 300 feet from an
adjacent single family residence can be maintained.
Parking areas shall be screened from public or private'rights-Of-way and adjacent single-
family residences.
Finding: A condition of approval requires additional plantings to buffer the parking area
from West 78th Street.
Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
Finding: The applicant indicates the petting farm will operate from 10:00 a.m. to 7:00
p.m. 5 days per week year round.
8. No outdoor speaker systems shall be allowed.
Finding: The applicant does not propose to use outdoor speaker systems.
9. Signage shall comply with article XXVI of the zoning ordinance.
Finding: The applicant proposes a 32 sq. ft. monument sign. The zoning ordinance
permits a 24 sq. ft. sign not to exceed 5 feet in height. All signage requires a sign permit
prior to installation.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 15
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting farm related items.
Finding: The applicant proposes a 300 sq. ft. retail building.
11. Animals kept outside must have continual access to shelter to protect them from the
elements and must bc in a confined arca with fcncing. If chains confinc animals thcy
must bc attached in such a manncr as to not becomc' cntangled with chains of othcr
animals. Animals and must be in a confined area with fencing.
Finding: The site plan indicates that all animals have shelter, except for the mini sheep.
Staff assumes that the sheep will be housed in the barn.
12. A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Finding: The interim use permit shall terminate in $ 7 years.
The Planning Commission's recommended changes are not incorporated into the
standards and conditions, with the exception of number 11 in the petting farm standard
and 7 year termination date specified in conditions of approval for the interim use permit.
Staff supports the zoning ordinance amendment and interim use permit subject to the conditions
outlined in the report. Should the standards for petting farms or conditions of approval of the
interim use permit be altered significantly, staff may not support the requests.
RECOMMENDATION
Staff recommends the City Council adopt the following motions:
"The City Council approves Zoning Ordinance Amendment #00-1 to allow petting farms as an
interim use in the A-2, Agricultural Estate District, as shown in Attachment 3."
"The City Council approves Interim Use Permit #00-2, subject to the plans dated February 22,
2000, for the operation of a petting farm with the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms as prepared by staff.
,
Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching or objectionable
odors exist. The premise shall not be allowed to become unsightly.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 16
3. Parking shall be limited to 10 stalls with the provision for only 1 bus.
4. The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
.
Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory
cvcrgrecns and 6 shrubs.
6. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to determine compliance.
10. The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
11. The interim use shall terminate in $ 7 years.
12. The Building Official's conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities..
c. Two accessible parking spaces must be provided.
& Accessible sanitation facilities must be provided. Thc numbcr of fixturcs required
will bc dctcrmined aftcr specific usc information is provided. If this farm is
intcnded to bc used on a short tcrm, seasonal basis portablc facilitics may bc
provided, any othcr usc would requirc pcrmancnt facilitics. If pcrmancnt facilitics
arc required, two acccptablc septic sitcs must bc cvaluated and located by a
liccnsed dcsigncr.
1. The use proposed does require that permanent sanitation facilities
be provided, two restrooms, one male and one female.
2. A new onsite sewage treatment system must be installed.
3. The system must be sized to accommodate the waste from the
dwelling (this system has recently been determined to be failing) as
well as the waste from the business.
4. The new system must meet the requirements of Minnesota Rules
Chapter 7080 for 'other establishments.'
e. The food preparation facilities require approval from the Minnesota Department
of Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
Petting Farms ZOA and
Miss Rosie's Farm
July 19, 2000
Page 17
13. The Fire Marshal' s conditions are as follows:
a. A 20 foot wide fire lane shall be provided.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year
round.
f. Any new driveway must be installed prior to the removal of the existing
driveway.
g. The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
14.
The septic system shall be brought into compliance prior to the operation
commencing on the site."
Attachments:
1. Application
2. Site Plan and Description of Use
3. Ordinance Amendment
4. A-2, Agricultural Estate District
5. Memorandum from Steven Torell dated May 8, 2000
6. Public Hearing Notice
7. Minutes from April 19, 2000 Planning Commission meeting
8. Minutes from the June 6, 2000 Planning Commission meeting
9. Article II. Division 5. Dangerous Animals
10. Memorandum from Steven Torell dated July 12, 2000
11. Letter from Ms. McAllister dated July 10, 2000, authorizing extension
12. Letters submitted by the applicant
g:\plan\ck~zoning ordinance amendments\petting farm in a-2.2nd.doc
CITYOF
CHANHASSEN
690 Cig Ce, ter Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.93Z 1900
General Fax 612937.5739
Engineering Fax' 512.937.9152
P::blic Sa]'eO.' F, Lr 612.934.2524
IFeb www. ci. cha~hasse,, m,.tls
.~
July 25, 2000
Ms. Susan McAllister
7461 Hazeltine Blvd.
P.O. Box 311
Excelsior, MN 55331
Dear Ms. McAllister:
This letter is to formally notify you that on July 24, 2000, the City Council
approved your requests for a zoning ordinance amendment (ZOA/tOO-1) to allow
petting farms as an interim use in the A-2, Agricultural Estate District and an
interim use permit (IUP #00-2) to operate a petting farm, subject to the plans
dated February 22, 2000, with the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms as prepared by
staff.
.
Accumulation of feces shall be located at least 200 feet from any well. o
Accumulation of feces shall be removed at such periods as will ensure that
no leaching or objectionable odors exist. The premise shall not be allowed
to become unsightly.
3. Parking shall be limited to 10 stalls with the provision for only 1 bus.
.
The applicant shall submit a landscape plan for the proposed development.
The applicant shall show the location, size and species of proposed trees
and shrubs.
o
Landscaping shall be added to the area between the parking lot and West
78th Street to provide a buffer. Included in the plantings shall be 2
overstory trees, 6 understory and 6 shrubs/
6. Landscaping may be required for the parking lot if it exceeds 6,000 square
feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to determine compliance.
Ms. Susan McAllister
July 25, 2000
Page 3
14. The septic system shall be brought into compliance prior tO the operation commencing
on the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer
as per the requirements in place at that time.
You cannot operate the petting farm until all conditions have been met and the interim use permit
is recorded at Carver County. The recording fee is $50.00. Please remit this fee to my attention.
Also, we show that the property owner's list fee of $10.50 has not yet been submitted.
Should you have any questions, please feel free to contact me at 937-1900, ext. 117.
Sincerely,
Cynthia R. Kirchoff, AICP
Planner II
c: Steven Torell, Building Official
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
.APPUCANT: Y~ ~-~ r~c.~i'~-~ ~,~["~-~'~ OWNER:
.ADDRESS: .~L/-{~{ H'/~~ L~"r'~ ~Z...t/~, ADDRESS:
TELEPHONE (Day time) ,~S'7~dd"7 L{ ..~O_/¥ ~ TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
.Non-conforming Use Permit
.. Planned Unit.Development*
Re. zoning
.. Sigr~ Permits
. Sign Pian Review
Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
Site P~an Review* X
Subdivision*
Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRIVACNARNVAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
list ol= all property owners within 500 feet of the boundaries of the property must be included with the
.~pplication.
BuRding material samples must be submitted with site plan reviews.
~i'wenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy of
:tz'ansparency for each plan sheet.
'"* Escrow will be required for other applications through the development contract
.~.ROjF_C'J' NAME
::LODATilDN
TOTAL ACREAGE ~. 0
~'ETJ.ANDS PRESENT
;PRES_--qCI' ZONING /'"'J'~
YES /"' NO
'PP,.ESENT LAND USE DESIGNATION
JEQUESTED LAND USE DESIGNATION
:RF_ASON FOP, THIS REQUEST
-J-his appTication must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
.De. pa~l. mem to determine the specific ordinance and procedural requirements 'applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
.notice z:)f apj31ication deficiencies shall be mailed to the applicant within ten business days of application.
'Thi~ is'to certify that 1 am making application for the described action by the City and that I am responsible for complying with
;all City requirements with regard to this request. This applica!ion should be processed in my name and I am the party whom
'the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of. Title, Abstract of Title or purchase agreement), or I am the authorized person to make
.1his application ,and the fee owner has also signed this application.
I w~ 'keep myself informed of the deadlines for submission of material and the progress of this application. I further
~nderstand 'that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
~y Jmow]edge.
The c'rrty hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions a. re Aoprov~cd-bylh--~h'cant.
Si.gnaJ. ure ~f Fee uwner
Date
I l
Date
.A,o. piica~on Received on Fee Paid Receipt No.
-The appTicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If.not contacted, a co~v nf ~h¢, r,,,,,-,,, ,.,,, ~... ---,,- ~, ..........
D5C-26-2001 15:11
FROM MS ROSIES FARM
TO
2271110 P.O1
Susan McAllister
7461 Hazeltine Boulevard
P-O, Box 311
.Excelsior, MN 55331-8001
(952) 474-5099
Susan McAllister
January 4, 2002
TO:
Julie Grove, Planner I
FROM:
Susan McAllister/Miss Rosie's Farm
Miss Rosie's Farm IUP Amendment
The primary purpose for my request to amend my Site Plan is to accommodate a change in the
plan for the driveway off West 78th Street. Certain parking and landscaping changes are also
requested. The original Site Plan was approved at the time of the approval of my Interim Use
Permit on July 24, 2000.
In December, 2000, a professional Historical Assessment by Hesse, Roise and Company was
conducted on my farm, now officially known as The Rose-McAllister Farmstead S.H.P.O.
#2000-1434, which determined it to be eligible for the National Historic Register.
This coming spring the original south driveway access from Hwy. 41 will be condemned by
MNDOT. This driveway has been in existence since 1923 or before. It gives a very rural feeling
as one slowly travels the winding graveled road, entering the farmstead. It definitely gives that
"country feeling". In trying to preserve the original ruralness which is an intrinsic part of the
farm's historic character and at the same time move the entrance to W 78th Street, a new
circuitous alignment has been designed. It will continue to have the sound of the gravel crunching
under wheels, while at the same time maintaining the mraI winding experience and will also hook
up with at least half of the remaining original driveway. It was designed with the least amount of
environmental impact as it only removes one 4" oak and one 5" maple tree; therefore preserving
the forested southwest comer of the property. It also features a 3 foot high (at the highest point)
by 80 foot long retaining wall made of 100-year-old granite cobblestone. Lastly, but not least,
placing the drive in the proposed location prevents the property from being split by the previously
approved straight north-south entrance, thus allowing a continuation of green space which adds to
the visual experience of the farmstead.
The historical assessment states on page 5 that "The discontinuation of the old access road and
construction of the new road could be adverse or not adverse depending on details of the design."
This new alignment is by far the most sensitive to all the concerns and requirements I am now
faced with.
7461 H=elrine Boulevard
P.O. Box 311
Excelsior, MN 55331-8001
f O q '~ '~ A ~7 A C i'~ C~ CI
The revised plan allows space for two buses at one time as I know this could become one of the
most major problems I will be encountering as most school districts send out an average of 1-2
buses per field trip. This is a must for me to have.
Because the new driveway and parking configuration disturbs much less vegetation and far fewer
trees (only 2), I am also requesting that the prior condition requiring additional trees and plantings
be revised. As can be seen from the plans submitted, the site is heavily wooded with much
underbrush and existing vegetation which will not be disturbed and there is very little room on the
site on which to plant additional trees or shrubs.
As to the location ofthe daffodils, unless and until I am able to purchase the small area of land
between my property on the south and the edge of the street right of way, I am limited to planting
the daffodils in the area as I have designated on the plan.
As was discussed and as is of record in the minutes of the initial approval of my Site Plan and the
approval of the IUP, there may very-likely be other areas of modification which may become
necessary in the future, whether triggered by operational needs or by the constraints of preserving
the historical integrity of the farmstead. While I have paid the application fee for this amendment,
I would appreciate confirmation of my original understanding that I would be able to bring minor
changes to staff and, if necessary, to the Planning Commission and/or Council with a minimum of
cost to me in the form of additional fees. This project is unique to all ofus and neither the City
staffnor I can anticipate all of the needs that may need to be met in order to make the undertaking
successful to the benefit of Miss Rosie's Farm as well as the community.
/' I /
// IIil''. ,'" ..,
II , ' "' "
II
.,
n4ms).
/
-.
23"
OF
GRAVEL
OAK
MAPLE
20' BASS
MAPLE
21" MAPLE ·
20" MAPLE 15" MAPLE
25" OAK
25" BASSWOOD
CLUMP BASS
ELM"
· 21' BASS
MAPLE
ASH
26" BASSWOOD
6" OAK
20" MAPLE
25" MAPLE
14" MAPLE
7" ELM
15" MAPLE
35" OAK
19" MAPLE
19" MAPLE ~ 5" MAPLE
19" MAPLE\,
,
5.5" ELM 10" BASS 11" BASS
11" BASS
~,10" BASS
g' BASS
37" OAK
~ y' OAK .,,,.-[:DOE (DF ~'
lO .. ~-~ ~ GRAVEL 8 OAK 8" OAK
z°~. '~ '"~-.. ×~.5 ,
.. ~ ~ ~ .... ~,: ...... ~-.~_.~~. ~ ..~
'~
~HdV~lOOdO~, 3~V'IdN l
'.LX3 '15 11*gA
t 3AiUO
/
t
/
/
/
/
/
?
JLHdV~00d0J. '~3V'ldNl .. ,,.....:~,,¥~.?..,1~ . ~ .~ ~,,.,.~.,../. : . _
.... · ~'.. : .... .5:':. ?&~-U~:~:.~..':~.;,~' ,.":~ ". . "'
~c /~~ ~.. e.../ :., .~.:... ::..~'~-" :: .,-'. .... .. , ....' '- '" :"' "'"'
~~~-t,, ~.~ .-., .~, .~.....--.....,.. . ./ .._.~ .."'
~...... .- ..~,...... .......... ..
.. .
/
/
~H.,
.. ~ .. ,: · , ..
· ,. :~"%~.: ._ -~ .. ~
. .
NO l aN3 o ~' ~
~P~ ~ ~ ~*~o '.. ...... ~ .... .
~3 oo~ os s~ o
· .,..j.~,'.. . , .
S~l .......
3^Iua ~--
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, ~SOTA
ORDINANCE NO. 330
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE
THE CITY COUNC]I, OF THE CITY OF CHANHASSEN ORDAhNS:
Section 1. Section 20-1122 of the Chanhassen City Code is hereby amended as follows:
Sec. 20-1122. Access and Driveways.
The purpose of this subsection is to provide minimum design criteria, setback and slope standards for
vehicular use. The intent is to reduce interference with drainage and utility easements by providing
setback standards; reduce erosion by requiring a hard surface for all driveways; to limit the number of
driveway access points to public streets and to direct drainage toward the street via establishment of
minimum driveway slope standards. Parking and loading spaces shall have proper access from a public
right-of-way. The number and width of access drives shall be located to minimize traffic congestion and
abnormal traffic hazard. All driveways shall meet the following criteria:
b,
do
eo
Driveways shall be setback at least 5 feet from the side property lines, beginning at 20
feet from the front yard setback unless an encroachment agreement is received from the
city.
Driveway wades shall be a minimum of 0.5% and a maximum grade of 10% at any point
in the driveway.
In areas located within the Metropolitan Urban Services Area (MUSA) as identified on
the Comprehensive Plan, driveways shall be surfaced with bituminous, concrete or other
hard surface material, as approved by the City Engineer. In areas outside the MUSA,
driveways shall be surfaced from the intersection of the road through the right-of-way
portion of the driveway with bituminous, concrete or other hard surface material, as
approved by the City Engineer.
On comer lots, the minimum comer clearance from the roadway right-of-way line shall
be at least 30 feet to the edge of the driveway.
For A-2, RSF, and R4 residential uses, the width of the driveway access shall not exceed
24 feet at the fight-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway. Inside the property line of the site, the maximum
driveway width shall not exceed 36 feet. The minimum driveway width shall not be less
than 10 feet.
For all other uses, the width of the driveway access shall not exceed 36 feet in width
measured at the roadway fight-of-way line. No port'ion of the right-of-way may be paved
except that portion used for the driveway.
g. Driveway setbacks may be reduced subject to the following criteria:
2001.
1. The driveway will not interfere with any existing easement; and
2. Shall require an easement encroachment agreement from the Engineering
Department; and
3. The location of the driveway must be approved by the City Engineer to ensure that it
will not cause runoff onto adjacent properties.
h. One driveway access is allowed from a single residential lot to the street.
A turnaround is required on a driveway entering onto a state highway, county road or
collector roadway as designated in the comprehensive plan, and onto city streets where
this is deemed necessary by the City Engineer, based on traffic counts, sight distances,
street ~ades, or other relevant factors. If the engineer requires a turnaround, this
requirement will be stated on the building permit.
j. Separate driveways serving utility facilities are permitted.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTE_D by the Chanhassen City Council this 13th day of November,
ATTEST:
T~dd Gerhardt, City Manager
,'7
~ ,~ /
Linda C. Jansen, M,..~r -
(Published in the Chanhassen Villager on December 6,2001.)
City Council Meeting - July 24, 2000
Kate Aanenson: That's what we're recommending.
Roger Knutson: Your recommendation is 7 years.
Councilman Senn: Okay, so they could, 7 years from the point of starting.
Roger Knutson: From the date of approval.
Councilman Senn: From the date that it's granted.
Roger Knutson: Yes. We have no way oftrvicking when she would.
Councilman Senn: So if she waits 4 years to do it, that's not...
Roger Knutson: It's her decision.
Kate Aanenson: Just also on tile interim use, you can come back and ask for an extension so if she
cannot get started she can come back and say I was going to be in, I mean interim use allows for
extension.
Mayor Mancino: Okay.
Roger Knutson: Mayor last item, the City Manager brought up a good thing. We probably should also
put in tile scientific names for these animals like the young calf could be anything. I think we're talking
about...
Mayor Mancino: Okay, good.
Councilwoman Jansen: Good point.
Mayor Mancino: Any other questions that xve sllould talk about and ask tile applicant about, from any
council members.
~Councilwoman Jansen: Tile only other point in tile recommendation that we touched on, and I'm back on
page 16, which was specific to this site, was point number 3 about the parking. Your original request I
believe xvas 20 stalls and 2 buses and this is 10 stalls and 1 bus.
Susan McAllister: Right.
Mayor Mancino: And Cindy, can you, I'm sorry to interrupt but I was just going to ask staff's viewpoint,
whyyou brought in 10 stalls and 1 bus. Just from your point of view. And you know what it may be,
and you 'know, again we're both going to have to go through this. It just may be you did a little bit of this '
and you did a little bit of this, you 'know trying to figure out what would be the best without intensifying
it too much and it may be that we limit it a little bit and then after a couple years it's fine and we open it
up a little more. Again, we've got to work together on this.
Susan McAllister: And I have been working xvith Cindy and providing all tile materials.
. 26
City Council Meeting - July 24, 2000
Mayor Mancino: Good, but it's going to be a continual working together and what works and what
doesn't. You have to be real open with that.
Susan McAllister: And I am for that.
Mayor Mancino: So from your perspective please.
Cindy Kircboff.' We put the limit on there just to limit the intensity of the site and the number of people
that are on the site. And the 10 stalls could hold a 15 passenger van. You know ten 15 passenger vans so
that may number quite'a few people.
Mayor Mancino: Sure, okay. I'm sorry, it was your question to begin with so take it away.
Councilxvoman Jansen: I guess I'm thinking more of standard families. I'm seeing this as a family
outing location so I mean what do xve use the standard ill a household, 2.5 or hoxv many kids do we aIlot?
Kate Aanenson: I guess we saw this more as birthday party activity. Daycare. I'm a mom. I've been on
the field trips. You put a few kids on the bus...
Councilman Senn: I think you're right.
Kate Aanenson: So that's what we anticipated. You could have 100-200 kids on the site. I think at first
we thought 100 kids, we'd see if we could manage that and how that operates and if things are
successful, I think this council, tile Planning Comrnission xvould be willing to look at amending that but
at first we just xvant to see how things operate. That 100 xvould probably be something.
Councilxvoman Jansen: Well let me ask you this. If' in fact we did end up with let's say 20 vehicles that
show up on a weekend, I'm visualizing these cars ending tip parking then out in tile adjacent
neighborhoods. Is that not the instance that we're then having occur?
Councihnan Senn: You can probably park on tile grass on the farm.
Susan McAllister: Well I plan on not putting in a parking lot per se, per se you knoxv ~vhat I mean.
Gravel or whatever.
Mayor Mancino: Well I'm assuming if that starts to happen, that's xvhen you're going to come back to us
and say, you know can we change it?
Councilwoman Jansen: Then we do a little give and take. Okay.
Susan McAllister: It's just like you know, who knows? We're trying but yeah, I appreciate the concern.
Councilwoman Jansen: So we stay with tile 10 and tile I and you're.
Susan McAllister: I appreciate if there is a problem I'I1 come back. Anything else?
Mayor Mancino: Any other questions or discussion you'd like to have us do before we bring it back to
council? Okay.
27
CITYOF
690 G7 Center Drive
PO Box 147
Chanhassen. Minnesota 55317
Pholle
952.937.1900
Ge, eral Fax
952.937.5739
E, gineeri,g Departme,t Fax
952.937.9152
B,ildi,g Depa~'tm e, t Fax
952.934.2524
II~b Site
'~'u: cl. &a,ha,e,. m,. ,s
MEMORANDUM
TO:
Julie Grove, Planner I
FROM:
Jill Sinclair, Environmental Resource Specialist
DATE:
19 December 2001
SUBJ:
Amendment to IUP 00-2
I recommend denial of the proposed amendment for IUP 00-2. Moving the
driveway from the approved location will cause more tree removal on the site,
interfere with the required bufferyard planting and eliminate much of the area
proposed for a naturalized planting of daffodils.
If the proposal is approved, I have the following recommendations: · Applicant shall complete conditions #4,5,6.
· Applicant shall submit revised site plan that shows the allowable parking
area.
· Tree protection fencing shall be installed at grading limits for driveway
and parking areas prior to construction.
· Any trees removed in excess of those proposed for removal shall be
replaced at a rate of 2:1 diameter inches.
CITYOF
CHAN EN
690 O9' Center Drive
PO Bo.,: I47
C/;anhassen, Min,esota 55317
?hone
952.937.1900
General Yax
952.937.5739
Engineering Department Fax
952.937.9152
£,ilding Department Fax
952.934.2524
~5~ Site
MEMORANDUM
TO: Julie Grove, Planner I
FROM: Mak Sweidan, Engineer ~
DATE: December 18, 2001
SUB J: Driveway Realignment off of West 78th Street - Northeast Comer
of Hazeltine Boulevard (TH 41) and West 78th Street at 7461
Hazeltine Boulevard - Land Use Review File No. 00-19
Upon review of the plan dated December 10, 2001, prepared by HTPO, I offer the
following comments and recommendations'
GRADING/DRAINAGE/EROSION CONTROL
The current plan is proposing a private driveway accessing off of West 78th Street
partially looping around the side of the property. The applicant is proposing
surface drainage towards the south and west sides by utilizing the existing grade.
Proposed erosion control consists of silt fence around the grading limits of the
site. Staff recommends that the applicant utilize the existing gravel driveway as a
construction entrance. Upon completion of the new driveway the gravel driveway
must be removed and the area seeded and mulched.
UTILITIES
Currently, the applicant is not proposing any utilitY improvements.
STREETS
The plan proposes on utilizing the existing access off of West 78th Street. No
public street is proposed. A 485-foot long x 20-foot wide (approximate
measurement) driveway is proposed. The minimum driveway width shall not be
less than 10 feet. Per Ordinance No. 330, driveways shall be paved with a hard
surface.
RECOMMENDED CONDITIONS OF APPROVAL
1. Revise the plan to comply with a 1 O-foot minimum driveway width.
2. Add City Detail Plate No. 5300.
3. Extend the silt fence toward the southwest comer.
4. The applicant shall utilize the existing access off of Trunk Highway 41 and
remove it when the work is completed.
Julie Grove
December 18, 2001
Page 2
5. Re-sod or re-seed any disturbed area.
6. Add a benchmark to the plan.
7. The driveway surface must be paved or have a brick-paver surface installed.
8. The applicant must get MnDOT permit for right-of-way grading.
jms
c~
Teresa Burgess, Director of Public Works/City Engineer
Matt Saam, Project Engineer
g:\en gkmahmoudkmemos\drivexvay realignment.doc
I
,t
J
!
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JANUARY 15, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
:
,
PROPOSAL: Amend Interim Use Permit
APPLICANT: Susan McAIlister
LOCATION: 7461 Hazeltine Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Susan McAIlister,
is requesting an amendment to the interim use permit for a petting farm located at 7461 Hazeltine Blvd.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Julie at 227-1132. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on January 3, 2002.
;ourt
ane
'lace
Ir
;treet
'lace
Circle
m Village Trl
m Village Cir?
ArhnretLm Boulevard
Street > Au
--__
WESTWOOD COMMUNITY CHUR(
7801 PARK DR
CHANHASSEN MN 55317
MERALD A & ELAINE A KROGST.t
7460 HAZF. LTINE BLVD
EXCELSIOR MN 55331
JACOB O CROOKS &
7450 HAZELTINE BLVD
EXCELSIOR MN
MICHAEL A
55331
PULTE HOMES OF MINNESOTA Cz
1355 MENDOTA HEIGHTS RD
SUITE 300
MENDOTA HEIGHT MN 55120
CHARLES W & SUSAN MARKERT
7461 HAZELTINE BLVD
PO BOX 311
EXCELSIOR MN 55331
BYRON A & MARY M OLSON
7331 HAZELTINE BLVD
EXCELSIOR MN 55331
REGENTS OF UNIV OF MINIgt~iRE~ E~<
319 15TH AVE SE
424 DON HOWE BLDG
MINNEAPOLIS MN 55455
City of Chanhassen
7700 Market Blvd, P.O. Box 147
Chanhassen, MN 55317
(952)227-1130
Date: December 13, 2001
To: Development Plan Referral Agencies
From: Planning Department
By: Julie Grove, Planner I
Subject: Request for an amendment to the Interim Use Permit (IUP 00-2) that permitted the operation of a petting farm. The
property is located on the northeast comer of Hazeltine Blvd (Hwy 41) and West 78th Street, at 7461 Hazeltine Blvd. The
applicant is requesting an amendment to realign the driveway access off of West 78th Street.
Planning Case:
2001-2 Interim Use Permit
The above described application for approval of a land development proPosal was filed with the Chanhassen Planning
Department on December 11,2001.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday January 15, 2002 at
7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than
January 4, 2002. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and
assistance is greatly appreciated.
City Departments
'~: City Engineer
b. City Attorney
c. City Park Director
~.' Fire Marshal
Ce': Building Official
~.} Water Resources Coordinator
~., Forester
8. Telephone Company
(US West or Sprint)
9. Electric Company
(NSP or MN Valley)
10. Triax Cable System
2. Watershed District Engineer
11. U. S. Fish and Wildlife
3. Soil Conservation Service
GMN Dept. of Transportation.
5. U.S. Army Corps of Engineers
6. Minnegasco
12.
Carver County
a. Engineer .......
b. Environmental Services
7. MN Dept. of Natural Resources