Loading...
3 ZOA Petting FarmCITYOF 690 CiO' Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937. I900 General Fax' 612. 937.5739 Engi,eedng /:ax' 612.937.9152 Public Safety Fax 612. 934. 2524 Web wwm ci. chanhassen.,m, us MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Community Development Director Cynthia R. Kirchoff, Planner II DATE: Apfill2,2000 (1) (2) Zoning Ordinance Amendment to Allow Petting Farms as an Interim Use in the A-2, Agricultural Estate District and An Interim Use Permit for a Petting Farm (Susan McAllister, 7461 Hazeltine Blvd.) PLANNING COMMISSION UPDATE 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. PROPOSAL/SUMMARY The applicant would like to operate a petting farm on property zoned A-2, Agricultural Estate District. The zoning ordinance does not permit this type of activity in the A-2 District. The applicant is requesting a zoning ordinance amendment. Staff would consider permitting this activity, but only as an interim use. The reason for the interim use would allow for a finite ending date the applicant has stated that the use may be for 5 years. A conditional use runs with the property and unless the council were to find that they were in violation of those conditions, the use could be there for an indefinite length of time. An amendment to the zoning ordinance will allow for similarly zoned property to request the same use. BACKGROUND The following are permitted uses in the A-2 district: Agriculture, Public and private open space, Single-family dwellings, State licensed day care for 12 or fewer Children, Utility services, State-licensed group home for 6 or fewer children, Temporary real estate offices and model homes, Fhe C/tv of Chanhassen. A cwwht~ commun&, wid, clea. lakes, aualit], schooh, a cham~in~ dow.town, th~qvin¢ bus&esses, and beautihd t>a~3s, A ~reat ~lace to live, work, and pla~, Hwy. 5 Arboretu ~n Roulev~ Future Street McAllister Petting Farm April 12, 2000 Page 2 Arboretum and Antennas. The conditional uses are as follows: Churches, Recreational Beach lots, Group homes for 7 to 16 adults, Golf courses, and Towers. The interim uses are: Mineral extractions, Mobile homes, Bed and breakfast establishments, Commercial kennels, Stables and riding academies, Wholesale nurseries, and Golf driving ranges with or without miniature golf. On the face of it a petting farm could comply with the intent of the district, which is "preservation of rural character while respecting development patterns by allowing single-family residential development." The concern the staff has is the intensity of the use of a 6-acre parcel. ANALYSIS (ZONING ORDINANCE AMENDMENT) A petting farm is compatible with an agricultural zone. The use can be defined as an activity in which animals are exhibited. Farm animals are cattle, pigs, chickens, sheep or any other species customarily associated with being raised on agricultural properties. This does not include wildlife or exotic animals. Primary versus Secondary Use of the Site Currently, the primary use of the site is a single-family home. If the interim use is approved, the primary use of the site will be the petting farm simply because the operation is proposed to operate 5 days per week, year round. In staff's opinion the use is no longer accessory to the residential use. It is primarily a commercial use because it is not a working farm. For example, staff looked to businesses that do horse backing riding or "pick you own" such as an apple orchard or pumpkin patches, etc. Home Occupation Ordinance McAllister Petting FmTn April 12, 2000 Page 3 The home occupation ordinance permits operations that are incidental and subordinate to the residential use. It prohibits the use of an accessory structure for the business, with the exception of agricultural buildings existing on February 19, 1987. Furthermore, the ordinance limits the number of outside employees to one. This use could not meet the definition of a home occupation. Proposed Petting Farm The applicant would like to operate a petting farm on 6 acres of property zoned A-2. As proposed the use is to be ancillary to an existing hobby farm. The operation entails the exhibition of animals, retail activities, and special events. The operation will utilize existing buildings on the site. The applicant intends to construct a new structure for retail activities and a summer kitchen. The applicant anticipates no more than 100 visitors to the site at one time. Parking for vehicles and buses is shown on the site plan. Access is gained via the extension of West 78th Street. Staff is convinced the proposal is too intense for the site. If it were an agricultural-related business, the activity would be appropriate. The definition of agriculture is the following, "The commercial use of land for raising of livestock and poultry, growing and producing of fruits, vegetable, field crops and nursery stock, including tree farms, and chose-and-cut Christmas tree sales. The term does not include the commercial raising of fur-bearing animal's, nor the operation of riding academies, commercial stables or kennels." The primary use of the site is not the commercial use of land for raising crops or animals, but a tourist-based agricultural use. The use needs to be compatible with the surrounding residential uses. After reviewing the proposed site plan and relevant portions of the City Code, staff has prepared standards for petting farms. The following conditions will apply to petting farms: 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 is five (5) acres. The applicant for the interim use permit shall reside on the site. Only one (1) non- resident employee shall be employed on the site. Only customary farm animals shall be allowed on the site. Wild or exotic animals shall be prohibited. o 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 McAllister Petting Farm April 12, 2000 Page 4 council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. Parking areas shall be screened from public or private rights-of-way and adjacent. single-family residences. The city council may require storage areas to be completely screened by one hundred (100) percent opaque landscape screen. 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. 8. No outdoor speaker systems shall be allowed. One (1) monument sign not to exceed twenty-four (24) square feet in size and eight (8) feet in height shall be permitted on the premises, 10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall be limited petting farm related items. I1. 10. Animals kept outside must have continual access to shelter to protect them from the elements. If chains confine animals, such chains must be attached to not become entangled with chains of other animals. 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. 11. The applicant must apply and obtain all necessary permits from regulatory agencies such Carver County, DNR, USDA, etc. Staff supports an amendment to the ordinance for a petting farm with the above standards. ANALYSIS (INTERIM USE PERMIT) The applicant would like to operate a petting farm on property zoned A-2 (see Attachment 2). The parcel is 6 acres. 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. The petting farm is proposed to be ancillary to 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. McAllister Petting Farm April 12, 2000 Page 5 The operation entails between 76-83 animals, retail activities, and special events. Ponies, a donkey, a horse, pigs, sheep, goats, rabbits, a calf, geese, ducks and chickens are proposed to be part of the farm. 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. 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 not support a zoo. A petting farm is compatible with the zoning district and the existing use. The applicant anticipates parking for 20 vehicles and 2 buses. Further, it is stated that no more than 100 people shall 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 will be permitted as part of this permit as well as only one bus. Lighting and signage are both proposed for the petting farm. The zoning ordinance requires cut- off fixtures. The proposal indicates a 4-foot by 8-foot sign. The ordinance permits a 24 sq. ft. monument sign on properties zoned A-2. 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 W. 78th St. will require landscape screening. Staff does not feel daffodils will provide the necessary buffer from the parking lot views. Staff recommends overstory, evergreens and shrubs be added to the daffodil planting in order to provide year-round interest and screening. Additionally, depending on the total square foot size of the parking lot, landscape area and trees may be required for that as well. ACCESS The site is to be accessed via the future extension of West 78th Street and Hwy. 41. As part of the construction of the access boulevard for Hwy. 5, the access from Hwy. 41 will be eliminated. The applicant cannot have access for buses as shown on the site plan. FINDINGS 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: McAllister Petting Farm April 12, 2000 Page 6 Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. 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. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. The city's comprehensive plan does state that "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 for low density. 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. 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 grows, the use may not be compatible. Therefore, a 5 year termination date appears reasonable. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Recommended conditions should minimize annoyance in the area. 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. Neighboring property owners have petitioned sewer and water. This cOuld be allowed to remain as is for the 5 year interim use and when the use of the property changes, municipal services will be required. No additional wells or ISTS will be allowed. o Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. No additional services are required with this use. 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. McAllister Petting Farm April 12, 2000 Page 7 The staff has 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. 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. Staff is recommending more preservation of trees as well as additional plantings. 10. Will be aesthetically compatible with the area. It is intended to have a farmstead use and lifestyle. 11. Will not depreciate surrounding property values. Staff has provided conditions that should mitigate any negative impacts. 12. Will meet standards prescribed for certain uses as provided in this article. With the new standards for pitting farms that staff has prepared and proposed conditions it should be compatible. See. 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 McAllister Petting Farm April 12, 2000 Page 8 6. The user agrees to any conditions that the city council deems appropriate for permission of the use. Sec. 20-267. Petting Farms. The following conditions will 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. 2. The minimum lot size is five (5) acres. 3. The applicant for the interim use permit shall reside on the site. Only one (1) non- resident employee shall be employed on the site. 4. Only customary farm animals shall be allowed on the site. Wild or exotic animals shall be prohibited. 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. Parking areas shall be screened from public or private rights-of-way and adjacent single- family residences. The city council may require storage areas to be completely screened by one hundred (100) percent opaque landscape screen. Hours of operation shall be from 8:00 a.m. to 8:00 a.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. 8. No outdoor speaker systems shall be allowed. 9. One (1) monument sign not to exceed twenty-four (24) square feet in size and eight (8) feet in height shall be permitted on the premises. 10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall be limited petting farm related items. 11. Animals kept outside must have continual access to shelter to protect them from the elements. If chains confine animals, such chains must be attached to not become entangled with chains of other animals. McAllister Petting Farm April 12, 2000 Page 9 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. Staff supports the interim use permit subject to the conditions outlined in the report. RECOMMENDATION Staff recommends the Planning Commission approve the following motions: "The Planning Commission recommends approval of the zoning ordinance amendment to allow petting farms as an interim use in the A-2, Agricultural Estate District as shown in Attachment #3." "The Planning Commission recommends approval of the Interim Use Permit #00-2 subject to the plans dated February 22, 2000 for the operation of a petting farm with the following conditions: The site plan shall comply with Sec. 20-267. Petting Farms. 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. 2. 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. Landscaping shall be added to the area between the parking lot and West 78th Street to provide a buffer. Included in the planting shall be overstory trees, evergreens and shrubs. 5. Landscaping may be required for the parking lot if it exceeds 6,000 square feet. 6. The site shall only have access from West 78th Street. 7. A dead animal disposal plan shall be submitted to the city for review. 8. The permit shall be reviewed annually to determine compliance. McAllister Petting Farm April 12, 2000 Page 10 o The applicant must apply and obtain all necessary permits from regulatory agencies such Carver County, DNR, USDA, etc. 10. The interim use shall terminate in 5 years." Attachments: 2. 3. 4. Application Site Plan and Description of Use Ordinance Amendment Public hearing notice and property owners list g:\plan\ckXzoning ordinance amendments\mcallister zoa for petting farms.doe CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION F. TELEPHONE (Day time) FEB Og ZOOO r~P'l~r~°~'~ , ~ .......... · Comprehensive Plan Amendment ._~ Conditional Use Permit ~ ~ '"-7~' Interim Use Permit __ Temporary Sales Permit Vacation of ROW/Easements Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Rezoning Sign Permits Zoning Appeal Zoning Ordinance Amendment Sign Plan Review __ Notification Sign Site Plan Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50 CUPISPR/VACNAR/W APIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ .~"'7 ~- ~ A list of all property owners within 500 feet of the boundaries of the property must be included with the application, BUilding material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, Including an 81/2" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION PRESE~ ZONING REQUESTED ZONING PRESENT ~ND USE DESIGNATION REQUESTED ~ND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or dearly 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 Department 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 of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I 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 application 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 this application and the fee owner has also signed this application. ! will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand 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 my knowledge. The city 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 Application Received on ~;)-' I~'. ~ Fee Paid 0 Date Receipt No. :~:'~---' ~:1:--..~ ~::~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. FEB 2000 ~HA,~ ........... ........... =VT MISS ROSIE'S FARM ® The purpose for my request is to enable me to operate a petting farm from my existing hobby farm. My goal is to preserve the farmstead look and lifestyle with an historically correct (as much as possible) 1920's genre. Visitors will be charged a small fee and in return will receive an enriching experience for children and adults alike--an unforgettable way to have fun without superheroes or violence. Initial year around activities will include such things as: Hands on petting farm opportunities Pony rides Goat milking Learning about the farm life through stories read and told Playing old farm games Educational opportunities through Carver County 4-H animal projects (ability to lease livestock and bring them to the Carver County Fair, potentially qualifying for prizes and to go to the state Fair. Barbecues in the summer kitchen. Future activities may include all or some of the following activities or related activities: View photos of wildlife ?ehabilitation projects currently being conducted at Miss Rosie's Frog pond catch and release Bluff Creek nature walks Picnic lunches-to-go Picnics in the woods - blankets, not tables. There will be farm-related items for sale including: The adventures of Miss Rosie's Farm (storybooks written by Miss Rosie) Natural fertilizer (creatively packaged) Fresh eggs in brown, mint green, light blue, pink and olive green colors Farm- related giflware and momentoes Antique farmhouse treasures Preserves Garden vegetables Potted herbs and plants such as goatsbeard, hens and chickens, etc. Bluff Creek (trademarked) stepping stones offered in 2001 Bluff Creek (trademarked) pottery, note cards and other selected merchandise, 2001 (Of the Bluff Creek sales, a percentage of profits will be donated to maintain the Bluff Creek Headwaters, Woods and Bluff Creek Area) Examples of special events: Winter: Summer: Live Nativity, Christmas Caroling - Christmas Holiday Season Sheep shearing demonstrations with children participating in gathering and bagging the wool for market. Learn how to swing lariats and lassos with a real cowboy FFA one-day workshops Hours of Operation Days of Operation Season of Operation 10:00 a.m. to 7:00 p.m. Initially: 5 days/week; Future: 7 days/week Year around Parking: Location: No. Vehicles: 20 plus 2 buses 10 cars and 2 buses - See Site Plan for current and future locations Additional overflow: 10 stalls along driveway coming to farm from W. 78th St. Note: Tours and visits will be planned so that no more than a maximum of 100 people will be on-site at any one time. No more than a maximum of 20 cars are anticipated at any one time. Description of Existing Buildings: House Barn - 2-stories (upper level is not currently used but may be used in the future for small gatherings such as birthday parties) Lower Level - walk-through animal viewing Existing garage - Product sales. (Future product sales from expanded garage or similar larger building to be acquired/constructed.) Pump House Pony Stable (not enclosed/pole type) approx. 20' X 20' Chicken Coop Future Buildings: Additional Elements: Summer Kitchen 10' X 12" Chicken Coop - to replace existing which will be used for storage Wildlife rehabilitation building, approximately 10' X 14' Summer Kitchen Building - Approximately size of a single garage, to be used for food items, BBQ's and other packaged picnic items Potential addition to house of approximately 1/2 existing footprint to be used for home office Windmill and potentially a silo Signage: Identification at W. 78th Street Driveway, approx. 4' X 8' Upcoming Special Events Chalk Board 12" X 18" signs including for example: Absolutely No Smoking, Bathrooms, 2 Miles/Hr, No Customer Animals Allowed, Store, Do not Climb Fences, Chalk Board, Overflow Parking, Etc. Lighting: Existing: 2 Mercury vapor lights (1 mounted on pole and 1 mounted on barn) shielded to direct lighting downward. Future: Decorative street lamp at yard entry 4 Low level wattage exterior lights on east elevation of barn 1 Mercury vapor light on northern driveway Number of Employees: Currently: 2 Future: 4-5 Example of Animals to be Available: (Note: This list is an example only, exact numbers of species Will vary from time and species selection will vary from time to time,' but is not expected to vary dramatically from the list set forth below.) Species Quantity Shetland Size Ponies 6 Mini Donkey 1 Mini Horse 1 Potbellied Pigs 3-4 Feeder Pigs 4. Sheep 6 Pygmy goats 4 Milking Goat 1 Rabbits 6 Chinchillas 2 Red Fox 1 Hedgehogs 2-4 Young Calf 1 Gaggle of geese 8-12 Ducks 3 Chickens 20 Exotic White Peafowl 2 Red Golden Pheasants 3 Prairie Dogs 2 Various Rehab Animals such as squirrels, chipmunks, fox, coyote. (These animals require a separate building so that they can be segregated from the animals viewed by the customers.) Miss Rosie's Farm is a registered trademark with the U.S. Trademark and Patent Office. Several of Miss Rosie's stories have been written in a series entitled The Adventures of Miss Rosie's Farm. They are stories of life from the animals' perspective. Gif~ware items might include milk stools, goats milk soap, wool batts made of sheepswool, prairie dresses, reproduction prints of early 1900's old masters depicting farm livestock and poultry varieties, etc. Miss Rosie's Farm has been USDA approved for the care and feeding of animals for purposes of a commercial petting farm. With respect to compliance with the City's general standards for issuing conditional use permits, the applicant believes that: The farm is and will continue to be operated in a way that is not detrimental to nor will it endanger the public health, safety comfort and convenience or general welfare of the neighborhood or the city. 2. Upon approval of the application it will be consistent with the zoning for the property. The locations of buildings on the site will not be changed immediately and any future addition of buildings as set forth on the Site Plan submitted will not dramatically change the appearance or character of the site. By preserving this site as a 'farm' the City will be preserving some of the romantic qualities of the rural flavor, rolling and wooded countryside which the residents of Chanhassen find so compelling. The farm is now and will continue to be operated in a manner which is not hazardous or disturbing to existing or planned neighborhood uses. There is a significant buffer at the north and east property lines comprised of wetlands, hills and tree canopy. There are no plans to clear these areas. The weSt and south property lines will abut existing and/or proposed roadways. The use requires no increase in public utilities, police or fire protection or other public services. As stated at No. 5 above, the approval of this application will not create excessive (no additional) requirements for public facilities and services and it will not be detrimental to the economic welfare of the community, rather it will be an enhancement. 10 and 12. Similarly the use will not produce excessive traffic, noise, smoke, fumes, glare, odors, rodents or trash. Management practices have been put in place to curb the potential existence of problems from odors, rodents and trash (manure). The vehicular approaches to the property are those which currently exist and/or which will be created at the time of the completion of the frontage road which will abut the property. No traffic congestion will be created nor will the surrounding public thoroughfares be negatively impacted. The use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 11.. It will continue to be aesthetically compatible with the area and will not depreciate surrounding property values. See answer at No. 3 above. Upon approval of the modification requested, the use will meet standards prescribed for certain uses set forth in the Code. I,,L-~00!, 'd'S I :~l,*~O "' ;ON 'g31~ ]^ I SNOBh~Vd ~ ISNYMI] £ll'(l"l '.{.SW~ ................. ["ri1.{] ZIWI"{ 'IS~C~ .................. a/~ *gNI/SHC~ CITY OF CHANHASSEN CARVER AND HENNEP1N COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE THE ZONING ORDINANCE CONCERNING CONDITIONAL USE PERMITS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Division 2, Conditional Use Permits, of the Chanhassen City Code is hereby amended by adding the following section: Sec. 20-267. Petting Farms. The following conditions will 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. 2. The minimum lot size is five (5) acres. 3. The applicant for the interim use permit shall reside on the site. Only one (1) non- resident employee shall be employed on the site. 4. Only customary farm animals shall be allowed on the site. Wild or exotic animals shall be prohibited. 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. o Parking areas shall be screened from public or private rights-of-way and adjacent single- family residences. The city council may require storage areas to be completely screened by one hundred (100) percent opaque landscape screen. Hours of operation shall be from 8:00 a.m. to 8:00 a.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. 8. No outdoor speaker systems shall be allowed. 9. One (1) monument sign not to exceed twenty-four (24) square feet in size and eight (8) feet in height shall be permitted on the premises. 10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall be limited petting farm related items. 11. Animals kept outside must have continual access to shelter to protect them from the elements. If chains confine animals, such chains must be attached to not become entangled with chains of other animals. 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. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this __ City of Chanhassen, Minnesota. day of ,2000, by the City Council of the Scott A. Botcher, City Manager Nancy K. Mancino, Mayor NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL t9, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSA~ Zoning Ordinance Amendment and Conditional Use Permit APPLICANT: Susan McAIIister LOCATION: 746t Hazeltine Blvd. NOTICE: You ara invited to attend a public hearing about a proposal in your araa. The applicant, Susan McAIlister, is raquesting an amendment to the City Code to allow petting farms as a conditional use in the A2, Agricultural Estate District and request for a conditional use permit to operate a petting farm in the A2 District, located at 7461 Hazeltine Blvd. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer'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 Developer will prasent plans on the project. 3. Comments ara raceived from the public. 4. Public hearing is dosed and the Commission discusses project. Questions and Comments: If you want to see the plans befora 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 Cindy at 937-1900 ext. 117. 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 April 6, 2000. / \ Arboretu ~ Boulevar~ ~ MILLS PROPERTIES INC A3-rN: TOM GREEN PO BOX 971 BRAINERD, MN 56401 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS, MN 55455 JOHN P SAVARYN ESTATE CIO PAUL SAVARYN 9950 NORTH SHORE RD WACONIA, MN 55387 WESTWOOD COMMUNITY CHURCH 7801 PARK DR CHANHASSENi MN 55317 BYRON A & MARY M OLSON 7331 HAZELTINE BLVD EXCELSIOR, MN 55331 JACOB O CROOKS & MICHAEL A & RENATE E CROOKS 7450 HAZELTINE BLVD EXCELSIOR, MN 55331 MERALD A & ELAINE A KROGSTAD 7460 HAZELTINE BLVD EXCELSIOR, MN 55331 CHARLES W MARKERT 7461 HAZELTINE BLVD PO BOX 311 EXCELSIOR, MN 55331