4 IUP Miss Rosie's FarmPROPOSAL:
LOCATION:
APPLICANT:
CITY OF
PC DATE: 4/19/00
6/06/00
CC DATE: 6/26/00
REVIEW DEADLINE:
~11'~1~
STAFF
rEPort
CASE #: ZOA 00-1
IUP 00-2
By: Kirchoff
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 permit to operate a petting farm.
7461 ttazeltine Blvd.
Susan McAllister
7461 Hazeltine Blvd.
Excelsior, MN 55331
(Miss Rosie's Farm)
474-5099
PRESENT ZONING:
2020LAND USEPLAN:
ACREAGE:
DENSITY:
A-2, Agricultural Estate
,.,
Residential, Low Density
6 acres
N/A
I.l.I
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. The zoning
ordinance does not permit this activity in this zone, so the applicant is requesting a zoning
ordinance amendment. Staff supports the idea of a petting farm, 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 limited discretion
in approving or denying conditional use permits, based on whether or not the proposal meets the
conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the
applicable conditional use permit standards are met, the permit must be approved. This is a
quasi-judicial decision.
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 3
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.
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
operations that will 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. 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 aninmls. This is
an example of how a quaint, rm'al 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 aims 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.
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 that prohibited the
activity. They would not be permitted under the current zoning ordinance. 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. That is, the activity would be
supporting a larger agricultural business and would be ancillary. This is the best-case
scenario.
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 is in this "transition" area, staff is recommending the activity be
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 4
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 to impact residential
properties. Staffwill 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 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 is 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 and provide appropriate vehicular approaches
and to 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 complaints and provide separation between two
possibly incompatible uses.
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
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 5
requested by the applicant, thus limiting the intensity of the use. Individual
applicants may wish to request additional activities once their operation is running
smoothly without complaints or problems.
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 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.
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 ni~mber of nuisance complaints.
9. Signage shall comply with Article XXV| of the zoning ordinance.
Purpose: To ensure compatibility 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 confine animals they must be attached in such a manner as
to not become entangled with chains of other animals. Animals must be in a
confined area with fencing.
Purpose: To the protect animals associated with the use.
Petting Farms ZOA and
Miss Rosie's Farm
May 3 l, 2000
Page 6
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."
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." Staff wants to ensure that the
petting farm will not evolve into a zoo, which is more appropriate in another zoning
district.
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 including ponies, a donkey, a horse,
pigs, sheep, goats, rabbits, a calf, geese, ducks and chickens are proposed to be part of the
business. 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 support a petting farm, but not a zoo.
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 7
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.
UTILITIES
The site is currently serviced by a private well and septic system. Water service will be
available in conjunction with the extension of West 78th Street in 2001. 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.
(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 will be permitted as part of this permit.
Usually, staff requires curb and gutter to be installed for parking areas for a site plan.
Since it is an interim use of the site that 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. Staffdoes
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
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 8
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 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 proposal 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 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. The number of fixtures required will be
determined after specific use information is provided. If this farm is intended to be used
on a short term, seasonal basis, portable facilities may be provided, any other use would
require permanent facilities. If permanent facilities are required, two acceptable septic
sites must be evaluated and located by a licensed designer; (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
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 9
zoning ordinance requirements. This will determine whether Miss Rosie's Petting Farm
can operate on this site.
ENFORCEMENT
This request is not a typical application. Planning staff does 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.
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 tbr 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 pemfits only if it finds that such use at the proposed location:
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 10
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.
2. 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 for 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 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.
Finding: 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.
Finding: 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.
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.
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 11
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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.
Finding: 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.
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 more 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: Staff has 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.
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 12
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Finding: The subject parcel is 6 acres.
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.
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 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.
Petting Farms ZOA and
Miss Rosie's Farm
May 31,2000
Page 13
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.
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.
tl.
Animals kept outside must have continual access to shelter to protect them from
the elements and must be in a confined area with fencing. If chains confine
animals they must be attached in such a manner as to not become entangled with
chains of other animals.
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 5 years.
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 will not support the
requests.
RECOMMENDATION
Staff recommends the Planning Commission approve the following motions:
"The Planning Commission recommends approval of 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."
Petting Farms ZOA and
Miss Rosie's Farm
May 3 I, 2000
Page 14
"The Planning Commission recommends approval of 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.
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.
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.
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 overstory trees,
evergreens and 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 5 years.
12. The Building Official's conditions are as follows:
a. All 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.
d. Accessible sanitation facilities must be provided. The number of fixtures
required will be determined after specific use information is provided. If
this farm is intended to be used on a short term, seasonal basis portable
facilities may be provided, any other use would require permanent
Petting Farms ZOA and
Miss Rosie's Farm
May 31, 2000
Page 15
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facilities. If permanent facilities are required, two acceptable septic sites
must be evaluated and located by a licensed designer.
The food preparation facilities require approval from the Minnesota
Department of Health.
Structures intended for public use must be evaluated by a structural
engineer to determine if the building is safe for occupancy.
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."
Attachments:
1. Application
2. Site Plan and Description of Use
3. Ordinance Amendment
4. Memorandum from Steve Torell dated May 8, 2000
5. Public hearing notice and property owners list
6. Minutes from April 19, 2000 Planning Commission meeting
g:\plan\ck~zoning ordinance amendments\petting farm in a-2.2nd.doc
APPLICANT: ~-~/~ ~' N
ADDRESS:
TELEPHONE (Daytime) /~"7/~'- ~(~"~O~'
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317 FEB 02,Z000
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
TELEPHONE:'
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
X'
Zoning Appeal
Zoning Ordinance Amendment
Sign Plan Review
Si[e Plan Review*
Subdivision*
__ Notification Sign
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPR/VAC/VAR/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.
I
LOCAT[O
LEGALDESCRIPTION ~~C-''T'-'I~ P/c:) 7'cI. 5,(,u
TOTAL ACREAGE
W.T . s ...S..T
REQUESTED ZONING
2(' NO
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
This application 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
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 pert.aining 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
authorizat~ ~n 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
Application Received on ~'-' IF~". ~ Fee Paid
120 days unless additional review
Date
Receipt NO. :~'~---'
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
ff not contacted, a copy of the report will be mailed to the applicant's address.
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 rehabilitation 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 giftware 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 BluffCreek 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 maxin~um 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 var), 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.
Giftware 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
sen, ices.
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 proPe~y are those which currently exisI 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.
1 l.. 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
I,
/Col
CITY OF CHANHASSEN
CARVER AND HENNEPIN 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. Section 20-1 of the Chanhassen City Code is amended by adding
the following definition:
Pettingfi~rm any activity whereby animals customarily and historically associated with
being raised on agricultural properties in the United States are exhibited, regardless of
compensation.
SECTION 2. 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 mininmm lot size shall be five (5) acres.
3. The applicant for the interim use permit shall reside on the site. Only one (1) full time
equivalent non-resident employee shall be employed on the site per five (5) acres.
4. Only customary farm animals shall be allowed on the site. Wild or exotic 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.
8. No outdoor speaker systems shall be allowed.
9. Signage shall comply with Article XXVI of the Zoning Ordinance.
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 and must be in a confined area with fencing. If chains confine animals, they
must be attached in such a manner as 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 3. 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
g:\admJn\ord\pelling farms.doc
CITYOF
CHAN SEN
690 G0, Ce, ret Drive. PO Box 147
Cha,hasse,, ~'li,,esom 55317
Pho,e 612.937. I900
Ge,cml Fax 612.937.5739
E, gi,eeri,g ~.~' 612.937. 9152
P~blic S~30' ~m 612.934.2524
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MEMORANDUM
TO: Cynthia Kirchoff, Planner II
FROM: Steven Torell, Building Official ~"-J
DATE: May 8, 2000
SUB J: Site plan review for: Miss Rosie's Farm
I have reviewed the plan for Miss Rosie's Farm, a proposed petting zoo, and have
the following comments based on the limited information provided:
All buildings must meet code requirements as required for new buildings because of
the change of occupancy classification.
All buildings and areas intended for use by the public must be on an accessible route
and accessible to people with disabilities.
Two accessible parking spaces must be provided.
Accessible sanitation facilities must be provided. The number of fixtures required
will be determined after specific use information is provided If this farm is intended
to be used on a short term, seasonal basis, portable facilities may be provided, any
other use would require permanent facilities. If permanent facilities are required,
two acceptable septic sites must be evaluated and located by a licensed designer.
Food preparation facilities would require approval from the Minnesota Department
of Health.
Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
G/safcty/st/memos/plmgmissrosiesfarm
The City of Chanhasse, A ~'owi, g commum'n, with clea, /akes. aua/in, schooh, a channinv doumtown, thrivinv husinevset, and heautifid ~ark~
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
TUESDAY, JUNE 6, 2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBER8
690 CITY CENTER DRIVE
PROPOSAL:
Zoning Ordinance Amendment
and Interim Use Permit
APPLICANT:
LOCATION:
Susan McAIIister
746t 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 City Cede to allow petting farms as an interim
use in the A2, Agricultural Estate District and request for an interim 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 present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses 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 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 May 25, 2000.
6 ~n.A RJd~ I.n
6 Autumn R~ge W~y
WESTWOOD
'7801 PARK DR
CHANHASSEN
MN 55317
MERALD A & ELAINE A
7460 HAZELTINE BLVD "
EXCELSIOR MN 55331
JACOB O CROOKS &
7450 HAZELTINE BLVD
EXCELSIOR MN
MICItAEL A &
55331
JOHN P SAVARYN
9950 NORTtt SItORE RD
WACONIA MN
C/O PAUL
55387
CHARLES \V MARKI£RT
7461 IIAZELTINE BLVI)
PO BOX 311
EXCELSIOR MN
55331
BYRON A & MARY M
7331 HAZELTINE BI.VD
EXCELSIOR MN
55331
REGENTS OF UNIV OF
319 151'fl AVE SE
424 DON ItOWE
MINNEAPOI.IS MN
C/O REAl.
55455
MILLS PROPERTIES INC ATTN: TOM
PO BOX 971
BRAINERD MN 56401
SlOqe'i ssoJppv '
Planning Commission Meeting - April 19, 2000
IN THE A2 DISTRICT, LOCATED AT 7461 HAZELTINE BOULEVARD, SUSAN
MCALLISTER.
Public Present:
Name
Susan McAllister
Uli Sacchet
Vernelle Clayton
Boyd Peterson
Address
7461 Hazeltine Boulevard
7053 Highover Court
422 Santa Fe
9860 Pioneer Circle
Cindy Kirchoff presented the staff report on this item.
Peterson: Any questions of Cindy?
Burton: Mr. Chair I have a question. I may have missed it in the papers. Are they still, is the
applicant going to live in the house? Yeah?
Kirchoff: Yes.
Burton: OkaY. And then I'm struggling with the home business ordinance and I'm wondering if,
does the interim use permit kind of trump that ordinance? Is that how it wo{ks?
Aanenson: Right. And that's when Cindy did the original research on this, that was part of our
discussion to say that, it doesn't fit into the home occupation. There's no way. That's why we
developed a separate interim use under the A2 district. Some of the things we struggled with is
that you have to keep in mind, whatever we put here, it can also be applied in any other A2
district that would meet the same criteria.
Peterson: Other questions?
Kind: Yes Mr. Chairman. Rain, Snow or Shine, is that what it's called? Yeah. They have an
interim use permit. How long is theirs for? What's the sunset?
Aanenson: It's outside of urban services. It was never our intention to provide municipal
services to that. That's an anomaly in the fact that it does have an interim use. More than likely,
and our comprehensive plan doesn't propose putting urban services south of existing 212. It's
predominantly flood plain. Most of that property there is in the flood plain. So it's a little bit
different but we do have that there is a date on that. Until urban services or the character changes
so more than likely it may never change. What we struggled with on this is that right now if you
go out to it, it is vacant but we project with this property going in and the frontage road, that over
the next few years it's going to change significantly and there may be more complaints when you
look at the proximity of some of those farm uses.
22
Planning Commission Meeting - April 19, 2000
Kind: What I'm wondering about is if the applicant needs to wait until West 78th is put in. She
can't even start her business right away so you know, 5 years now is 4 years or dare may I even
say less.
Aanenson: That was our concern...
Kind: So yeah, I'.m not sure if 5 years is the right number either but I don't know how you an'ive
at the right number.
Aanenson: Until they have access off of West 78th. From that date forward. That was our
concern if the use was going on now and.
Kind: So if the use is going on now, can't the access be 417
Aanenson: ...sight lines. I'll let Dave comment on that but that's a good question.
Kind: Yeah. Yeah. Just one more before Dave jumps in. Just kind of looking at some of the
differences between staff report and what the applicant has requested. Give me a little rationale
for number of employees that are non-residents.
Kirchoff: We were trying to limit the intensity of the use and that is what is permitted as part of
the home occupation ordinance. So I think allowing more employees will increase the intensity
of the use. It's only 6 acres and if it's supposed to be a rustic farm type of activity on only 6
acres, you want to limit that activity. If they have 5 employees, the intensity of the operation may
be increased.
Kind: The parking controls that somewhat, yeah.
Kirchoff: Yeah.
Kind: Okay. I think that's all. And then Dave, do you want to talk to the 41 thing?
Hempel: Sure Mr. Chairman, commissioners. Access control along 41 is under the jurisdiction
of Minnesota Department of Transportation or MnDOT as we refer to them as. The access
control that's currently in place is for single family farm resident. This proposed application I
would assume greatly intensifies that access. It may not be permitted by MnDOT. MnDOT is in
negotiations with the applicant to relocate their driveway from Trunk Highway 41 to West 78th
Street. The time line for that however most likely will not occur until the year 2001. So she will
have her existing driveway through the year 2000. At least. So I had some reservations speaking
on behalf of MnDOT on that control access point of her driveway. I would assume that they
would not want to intensify the use of that property through that access point. My opinion.
Thank you.
Kind: Thank you.
23
Planning Commission Meeting - April 19, 2000
Peterson: Okay, other questions?
Sidney: Yes Mr. Chair. Thinking here, and I'm not sure ifI quite understand. I'm trying to
think about a petting farm in general and what a definition of a petting farm might be. On page 3
you talk about exhibition of animals, retail activities and special events and yet on the applicant's
brochure I see day camp as well. Could you speak to that? Will children be there all day and
what are the activities and such things?
Kirchoff: The information that's located in the staff report was given to us by the applicant. The
brochure was more for informational use for you. And as far as we're concerned, this would only
be approving the petting farm and not a day camp.
Sidney: Okay. Does a day camp require a different type oP.
Kirchoff: Well that's a more intensity of the use.
Sidney: So it's a question for the applicant I guess. Okay.
Peterson: Okay, anything else?
Blackowiak: Mr. Chair I've got a couple questions. Cindy when you were talking about
conditions, did you say 11 ? And if so, did I miss something?
Kirchoff: Yes, they're misnumbered. The first condition is supposed to be the site plan. Show
compliance with Section 20-267 for petting farms. That was supposed to be condition 1 and it
started with the following.
Blackowiak: Okay. I understand that then. Got it.
Aanenson: So first we develop standards because we don't have any standards in place. Then
we added conditions specific to this one.
Kirchoff: I apologize for that.
Blackowiak: Okay. I just thought ! maybe had missed something. Okay, so back to Section 20-
267. We talked a little bit about hours of operation. I assume you mean 8:00 a.m. to 8:00 p.m.
on page 8. And it also says that the Council may further restrict hours of operation if use is
located adjacent to property guided residential. This property is located adjacent to property
guided residential. So what, give me a for instance. The council could say what? 9:00 to 5:00?
10:00 to 4:00? I mean kind of whatever works for them or would they, if they were there "first"
would they have a little more say? How does that, it looks like a rock, paper, scissor. I mean
who trumps ultimately? I mean who wins?
Aanenson: Well I think in deference to the applicant...give some standards to follow. If you're
not meeting the standards, if there's complaints or something there, I think you have to go back
24
Planning Commission Meeting - April 19, 2000
and readdress that, which you have a right to do, but I guess when we were looking at it, if you
have kids in activities with a lot of animals, it could be noisy and that's the concern that we had.
Is that noise at 8:00 p.m. Obviously in the winter I don't think you're going to have a lot of,
again we tried to keep the lighting down but in the summer.
Blackowiak: Okay. Would the noise and nuisance ordinance also apply to this so when we look
at hours of operation and that type of thing, that could also be used for guidance?
Aanenson: Or establish those.
Blackowiak: Okay. Then one more question. Oh yeah this is back to this, on West 78th versus
Highway 41. I think this is for Dave. Currently the applicant does have two driveways on 41 so
MnDOT affectively could come in and say you can't have either? I mean what's, theoretically. I
mean I don't want you to speak for MnDOT but could they take both of those accesses away
from the applicant? Is that within their jurisdiction?
Hempel: Mr. Chairman, Commissioners. I don't think they would take it away. Not total access
anyway. I think the secondary access has not really been used much and is under, from previous
discussions with the applicant and MnDOT, is in question whether it's been an actual permitted
through the State, an access point. I mean it just happened there someday. It may not be an
approved access point from the beginning. There's being some research done on it. I don't think
that access point either has been used much. It would be, some maintenance done to move that
but as far as your question goes, I think it would maintain the current access there obviously until
the new frontage road's in.
Peterson: Okay, thanks. Other questions? Would the applicant or their designee wish to address
the commission? If so, please come up forward and state your name and address please.
Susan McAllister: My name is Susan McAllister and my address is 7461 Hazeltine Boulevard.
And I'm here because I knew way back in 1989 or 1990 1 was going to be standing here trying to
figure a way to preserve my farm because I love it so much. I love the ambience that goes with
it. You know the tranquility that's left in that corner goes with it. The green space that goes with
it. The historical building. The life style that came with our fore fathers and the way that we say
that we're proud of our heritage. I'm here to protect that and to try to figure a way to make it
work and I put together this plan that I believe will do all of that. I think it'd be a great asset to
the community. I have a narrative in there that I believe has, you know I don't know, I hope all
of you have read it. I also have some letters that I would like to hand out or some information
that appeared in the newspaper but just as a handout when I'm referring to it with, you know as
I'm addressing the concerns. Also I have some photographs of the area. The petting farm and so
on, and some photographs regarding the parking that there would be a concern with the 100% or
whatever coverage of storage areas or whatever. Or not parking but of the pink trailer that I have.
So do you mind if I hand that out?
Peterson: Go ahead. Okay I guess I'm, this has got quite a few different issues that are of
concern with people. I need to let you know up front that I'm approved by the USDA as a person
25
Planning Commission Meeting - April 19, 2000
that maintains and keeps my animals and handles them and I have strict guidelines to follow with
them, you know because I'm exhibiting animals. I currently and have for years had a petting zoo
that traveled. A petting farm or a petting zoo because I'm not you know traveling the farm, so
it's considered a petting zoo and I travel to different, you know like festivities in Excelsior or
wherever. I've gone to many nursing homes. A lot of things like that so that's what I currently
do. And I'm trying to simply have the public come in and enjoy what I'm doing and share it
because ! think it'.s so wonderful. So I'll start with addressing the concerns I guess. Okay,
number one was, they're not necessarily in the order but intensity of the use of a 6 acre parcel.
Number two would be the parking limited to 10 stalls with the provision for only one bus.
Number three, only one non-resident employee shall be employed on the site. Wildlife or exotic
animals was another issue. And then the 5 year interim permit instead of a conditional use. I
need to tell you also that I did apply for a conditional use. I am here requesting a conditional use
permit. I am not here trying to get an interim use, but in the concerns I think it will address it a
little bit but if there's not a clarity, I want somebody to be able to ask me what it means, okay?
Okay, number one. Intensity of the use on a 6 acre parcel. I am assuming that the concern is that
the property might be physically too small for this type of an operation. The facilities on the site
are estimated to be well below the maximum coverage allowed of 20% in the A2 zoning code.
From the diagram I have attached of the farm, you can see that the majority of the area remains as
pasture, wooded areas and adjacent wetlands in the Bluff Creek Watershed. This shows, I mean
wherever there's not, you know the dark buildings are the only thing that are there right now and
all this other, you know area is basically, it's green. ! mean it's basically green. I'm just going to
add a little, a summer kitchen which means that you know with the old farms they had you know
grandma, or mama when she cooked wanted to keep the house as cool as possible without any air
conditioning so they would cook in the summer kitchen. It's approximately 10 x 12 feet, and I
would be serving like bar-be-ques and pre-packaged like foods like chips and so on out there.
It's a very simple type of thing. And then also where the garage is situated right in this area
would be a little bit of a larger you know like, well there's going to be the retail area and the
pony ring but so ! mean basically as we go through, these dots don't mean any physical building.
It just means an area that I'm pointing out. Okay. I'm estimating that there would be no more
than 100 visitors at one time. They would be broken up into smaller and more manageable
groups of 10 or 20 people for touring. So the property will easily accommodate that number of
visitors without causing any crowding. For a comparison as a coincidence actually, I have found
this copy of the article from the Villager which was dated, and you've got a copy of it, April 6th,
that talks about the Wells Fargo Family Farm that is actually being built at the Minnesota Zoo.
So what they're doing is they're re-creating a farm. It says they're re-creating the guests will be
immersed in a rural experience to celebrate Minnesota's agricultural heritage and future. It's on
an 8.5 you know, 5 acres the farm is situated on and will have several more buildings according
to the article than my plan and will also include crop plots, flower beds, vegetable gardens and an
orchard. It is estimated, according to the article to have 1.2 million visitors a year. My little farm
will have fewer facilities and a lot fewer visitors. I mean they are actually attached to the
Minnesota Zoo. So what I'm doing is basically what they're attempting to do but what they've
kind of like changed the buildings a little bit. The kids can be, it says in here for the grain
elevator, visitors can learn about the development of rural communities and how the grain
elevator works. Kids will become grain as they climb the leg and slide into the binds. My barn
is an actual, authentic one. It's, you know you get there by a country road and path. They've got
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a farm house. They've got a chicken house where visitors can explore the chicken's life cycle.
This is what I'm going to be doing. Kids can experience life as a chicken on kids size roosts and
on kid size nest boxes. I don't have that and I'm not going to attempt that. Dairy barn. In the
actual barn as you can see here, the barn is actually a gabled barn like I have and that, in the dairy
barn visitors will be seeing calves and their family cows in their tie stalls. In the milking parlor
visitors can observe daily cow milking demonstrations. I have goat milking demonstrations. The
swine barn. Throughout the summer the swine barn will have litters of piglets you know with
their mother in the fairing pin and they can see that. Then they've got the machine shed, the goat
and sheep barns so basically you know what it is, for $750,000 to start out with, they came up
with a new barn you know and they've got like a little more land, 8.5 acres and they've got the,
which I'm sure that they put in the flower beds and vegetable gardens. I only have a little over 6.
If I take out the flower beds and the vegetable gardens I believe that I have basically the same
size that they're trying to accommodate with their plan. So I believe that I definitely can make
nay little farmstead work. There's been comments about the, you know like maybe not enough
land or so on but actually when you look at the farms without the part that you plow and the
working area for the tractors and so on, the fields, the actual barn yard is the part I'm trying to
preserve and that kind of was 5 to, you know like maybe 10 acres at the most for like the farm
animals. I'm trying to preserve a snippet of what's left to preserve and I don't have an option of
buying any more land. I've tried. It's not available. Okay. I have reviewed my plans taking
staff's comments into consideration and I believe that my request is reasonable for this size
property. Especially considering the amount of open space that will be preserved in the
proximity of the Bluff Creek Watershed. Anything less than my proposal could negatively
impact the experience that I am trying to create for visitors in the community. As an example an
acre equals 43,560 square feet times 6 is 261,360 total square feet on the property. And it's the
20% ratio is 52,272 or 1.2 acres. I haven't even calculated the impervious surface because it's
basically open area, okay. And keep in mind I'm living there and I want to keep it looking like a
1920's farm. Like ! said, I want it to look like that and I don't want it to look like Camp Snoopy
so it has to have that old farmstead look. Okay, number two with the parking limited to 10 stalls
with the provision for 1 bus. Assuming 5 people per car, 20 cars would accommodate 100
visitors. Assuming 50 people per bus, two buses would accommodate 100 visitors...I would
appreciate it being included in the motion as approval for staged construction. I can then start
out with smaller parking facilities and add to it as the need exists. As in this time right now
there's daffodils having, you know they're planted right where the parking would be. And at this
point people can park in the circular driveway. I'm not having an enormous amount of people
coming to come over there right now. It's just, I need to work into it okay. Okay, so I'm asking
to change point number 2 on the recommendations on page 9 of the staff report. So let's see
where are we at? Okay, parking should be limited to 10 stalls with provision for only 1 bus. So
you know, okay. Number three. Only one non-resident employee shall be employed on the site.
Okay, this standard was determined by the home occupation ordinance that applies to a business
being run out ora single residence. Okay, that refers to staff report page 3. The nature of this
facility requires help with a variety of tasks. If you read my description in my little brochure it's
really a colored version of a business plan is what it is. There's more than one activity going on
at a time and besides that there's cage cleaning and maintenance, animal cleaning and grooming,
yard, pasture and ground maintenance. Retail shop would have sales, stocking, bookkeeping, etc.
On-site demonstrations and tours. And the USDA license requires ample people to care for
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animals in supervised public involvement. My current farm activity currently requires 2
employees with a future estimate of 4 to 5. According to my rules and regulations book of the
USDA that I absolutely have to follow, it says for employees. A sufficient number of employees
shall be utilized to maintain the prescribed level of husbandry practices set forth in this sub part.
Such practices shall be under the supervision of an animal caretaker, who I am you know. Who
has a background in animal husbandry or care. So I cannot physically be down at the barn, let's
say I'm down at the barn. There's kids coming through or whatever. I have to make sure that
they're not teasing the animals and they're not doing anything to cause any injury or any kind to
anybody, including the animals. And the pony rides have got to be like led by a person. You
know when you open up the little gate the ponies know that that's the only way they can go is
around in a circle. Okay, you have to be there. That doesn't just go by itself. Then there's going
to be like goat milking demonstrations. Not every day but there will be. People taking, you
know like somebody taking the money or leading the tour so the Bluff Creek possibly water, you
know the Bluff Creek area okay. And the store. [ mean there's no physical, possible way that I
could do that with only one person. On an every day basis. There's no way. Okay. Okay, this is
a reasonable request to meet the USDA requirements and properly service a 6 acre petting farm.
This will require either changing the ordinance point number 3 or the recommendation for this
permit on page 9 of the staff report to allow for 4 to 5 employees. And that, like you know, it
might not be 5 and it might not be 4 but I need to have, you know like I'm hoping that it could be
4 if I choose it. But I need to like I said to have, you 'know I can't have a liability situation like
that. It's something that I absolutely have to have to meet the requirements of the USDA.
Whether I'm you know like, even when I go out I have to have somebody helping me with the
little small one. Okay, number four. Wildlife or exotic animals. In our last'meeting there was
some concern about whether or not my petting farm would include animals that might be
dangerous. I think we're all aware of some incidences recently that involved private citizens
who, on TV, who had purchased dangerous animals, a panther and a tiger specifically I recall,
and were housing them on their properties. This is not in Chanhassen okay. Just so you don't
get a little bit nervous. It's not in Chanhassen. I believe that those incidents and the city's
experience with prior "nuisance" complaints about other properties has resulted in the restrictions
being placed on my application. I would like to propose what I think might be a reasonable
compromise to that. I reviewed the city's animal and fowl ordinance which is Chapter 5 of the
Code Book which includes a section on dangerous animals. And the City's nuisance ordinance,
Chapter 13. There is nothing in those two chapters that would prohibit a resident from owning a
wild or exotic animal anyplace. In fact, many residents have pets that would fall under that
heading such as and including, parrots, ferrets, chinchillas, hedge hogs, doves, pigeons, snakes,
lizards, iguanas and so on. All can be purchased at local pet stores and just for your knowledge,
if anybody is holding a DNR permit that they are allowed to have like the Canadian Geese or
whatever as a native to our area. A Canadian Geese are exotic because they migrate and they
migrate to Mexico sometimes so they're definitely considered an exotic bird. I've checked all
this out with a vet so. Okay. In fact according to the City ordinance to own a "dangerous"
animal a resident just simply has to register it with the Public Safety Department and provide
proper housing. And if you look at the ordinance that's hardly anything, okay. And all it
requires a 4 foot leash and muzzled if possible. When in public. Okay. So I'm well within any
laws that are in place. I mean I'm not even teetering on breaking anything. Okay. My
application includes animals that are not necessarily considered customary farm animals but they
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are certainly not considered dangerous. They are animals that are of interest to the public or are
available to the public that can learn about and experience first hand while visiting my petting
farm. There would also be animals that would only be on my property temporarily. I am a
qualified wildlife rehabilitation provider. I'm in the process of getting my license from the DNR.
That means I would nurse local wildlife patients back to health for transportation and release
back into the wild. This might include fawns, squirrels, birds, mink, ground hogs, coyote, or
coyote, however you want to say it. Fox, etc. My license requires that they be kept from the
public to avoid imprinting. So they would be housed away from the public and other animals.
That means that the public cannot look at them because if they get used to the public, they don't
know how to live wild. Okay, so they're going to be housed there but they are not going to be
interacting with the public, okay. Wildlife rehabilitation is a service that is grossly under
provided in Minnesota so I will be providing a much needed public service. I'm also located in a
really nice area where the Bluff Creek Watershed is. The head waters. There's a lot of wildlife
there. Every day almost I see the coyotes. I definitely see the fox. There's wild turkeys. There's
a lot of you know like deer or the fawn. When you hear like a gun shot at night, I didn't really
always know what that was but I found out from the police that it was, they were putting them
out of their misery because there was not place to put them. So any deer or fawn that gets injured
automatically you know, if they can't walk away from it, they're dead. You know that's just the
way it is. And there was an incident in Plymouth where a coyote jumped through some bakery's
window. I can't remember. It was McGlynn's Bakery's window. And you know, the-wildlife ~
are getting displaced and this is going to be happening more and more. You know where they
think they see themselves in the mirror and they get scared or else they think that's something
else in the mirror off of a window and they you know, are curious or whatever. I don't know
what reasons but anyway I'm just saying that as we take away their area where they're used to
being, they're going to get displaced and they're also getting more friendly because I actually had
a coyote, and believe this or not. When I had my 3 goats, I got up at, you know I always get up
early in the morning and I happened to look out and I saw my 3 goats, well there was 4 of them
there okay and I only have, at that time I only had 3. I've got 4 now but one was sitting on it's
hind legs and I walked away from the window and I go wait a minute. Wait a minute. Goats
don't sit on their hind legs and I came back and the coyote was sitting right next to my goats
which was just amazing. So I mean I definitely, if any wild animals, I can tell you I've got them
right where I'm at. Okay, the existing city ordinance addresses nuisance situations that might
arise and include provisions for enforcement. City ordinances also address situations involving
dangerous animals. So I would like to propose rewording point number 4 of the ordinance to the
following. Are you familiar with the point number 4? Do I read it or do you, okay. Customary
farm animals and other domesticated animals will be allowed on the site. Large carnivorous
animals such as lions, tigers and bears will be prohibited. Okay, did you get that? See because
anybody right now could get any kind, I could right now just go to Stacy, Minnesota or down to
southern Minnesota or whatever without breaking any laws. I'm not even coming close to it, and
come back with a lion, tiger, bear, bobcat, lynx, you name it. Boa constrictor. I can have it and
anybody can have it in the city so, it's not anything I did. It's something that was put in place a
long time ago. Okay, the recommendations for this permit could then include a condition that
reads, rehabilitating wildlife will be restricted to non-public areas and housed according to DNR
and USDA standards, which is page, you know refer to page 9 of the staff report. So that would
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then allow me, allow you people to feel more safe, okay. But allow me to do the rehabilitating of
the wildlife, so that's my proposal on that.
Aanenson: Mr. Chairman can I just, before we lose track of this whole issue. This is an interim
use. Staff can apply conditions we think as reasonable. We just think that it's way too much for
us to try to regulate who can be seen. Who can't be seen. That was our recommendation. I
won't address the points but just the number and the type and the different standards. Certainly
she can have that but because she's asking for something different on the interim use we can
adopt standards and that's where we were coming from, just so you understand that issue.
Burton: Mr. Chair, ! know this is going out of order but I'd like just to ask a question to follow
up while we're on this. I'm looking at what they have what the staff recommended and it says
it's subject to the plans dated February 22nd. So I'm not sure which, are the plans dated February
2nd the plans that are followed or the?
Aanenson: This site plan, right.
Burton: But her, this, Miss Rosie's farm thing that says what they're going to do, that's not the
plan?
Aanenson: That's her, that was her proposal. The staff developed criteria based on what we felt
what was reasonable and meets with the property and to mitigate those impacts and that's what
we're saying. She could do that now. There's certain things you can do in any residential zone
but what we're saying is since she's asking for a certain permit, we can set up standards. We're
saying it's way too confusing to try to keep track of all that. To go out and inspect and what can
be seen. What can't be seen. All that.
Burton: The other thing that's confusing me Mr. Chairman is that it's date stamped says
February 22nd on here and I'm not sure when it says subject to the plans dated February 22nd.
Does that mean that?
Kirchoff: That's the site plan.
Burton: Not these plans?
Aanenson: No, the site plan.
Susan McAllister: Okay Kate I need you to clarify what you're saying. I don't, you know I want
it clarified a little bit more.
Aanenson: You're asking for a change in the zoning ordinance. It's staff's job to review that
application and recommend standards. That's why our proposal is recommending standards that
we think are manageable. Although they may not be in concurrence with what your ultimate
wish is. We think that those are manageable standards. The Planning Commission and the
Council may or may not agree with those conditions but we think that that is something that we
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can get our hands on. The depth of your proposal we think is too intense and we can't manage
something that big and that was our recommendation. Where we were coming from.
Susan McAllister: Okay, but we just talking about, weren't we just talking about.
Aanenson: Animals.
Susan McAllister: Yeah.
Aanenson: Your point was that you could have all these animals. Yes you can but you can't
have a petting zoo or a petting farm.
Susan McAllister: Okay, but ifI don't you know, ifI decided that I'm going to go away here and
get nothing you know from you or we can't work it out, then you can't even regulate my manure
right now because Chanhassen doesn't have you know a feedlot ordinance. I don't think they do.
I'm trying to work it out with you but.
Aanenson: We're trying to too. We're trying to avoid the situation that we just had the first item
of business of the, if it's a conditional use then it's, you can't have people to your property right
now to do the petting zoo. That's what we're trying to allow. But in order to do that we're trying
to mitigate, what scale is it going to be? We've already heard a horror story today ora situation
that's incompatible and that's what we're trying to avoid. If we give it a conditional use, if she
sells tomorrow that conditional use runs with the property. And that's what we're saying. That
may or may not be the best decision. It's hard to look 5, 10, 15 years down the road. I was just
trying to explain...
Susan McAllister: Right, but getting back to the animal situation. I travel with my petting zoo,
okay. I can keep taking my show on the road and not, you know we might not come to any
workable arrangement here whatsoever. And if I can come to an arrangement, or if we can work
this out with you, or if I can work this out with you, then you can put conditions on what I'm
doing now. Right now nobody's, you know there's, you know there's been no nuisance
complaints, okay. I've got, you know I've had no problems. You can't regulate. I could come,
please don't take this wrong. I do not plan on coming home with a bear, okay. But you can't
regulate anything that I'm doing right now and I'm not trying to be brazen, believe me I'm not.
I'm trying to be workable but all I'm trying to do is say that I would like the public to come and
enjoy the experience. That allows you to put conditions on what I'm already doing now and
doing in the future. So, okay. All right, I'll go on. Five year interim permit instead of a
conditional use permit. My application has been submitted for a conditional use permit due to
the large financial investment that will need to be made to provide the "historical preservation of
the existing farmstead". In a friendly conversation with staff I have speculated that one never
knows what might happen and this is how this became like an interim use type of thing, I think.
Maybe I would move on in 5 years. That's kind of, you know that's basically what I said. I did
not intend for that comment to be used to restrict the timeframe for my business and the use of
my property. I have contemplated setting up this business for a number of years now and I am
committed to seeing it done right. That means a significant financial and personal investment on
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my part which gets into historical preservation. I mean you know as time goes, it's going to be,
it's going to end up getting to that okay. So I am requesting that the city grant my request for a
conditional use permit. If that is not possible the interim use permit should remain in effect until
such time as the property no longer complies with the conditions of the permit or becomes a
public nuisance in violation of the city's nuisance ordinance at which time it will revert to it's
current zoning and use. I could agree to a condition that would allow that after 10 years of the
original permit being granted the city has a right to review the conditions of the permit and make
changes consistent with the existing city ordinances. And that's referring to recommendation
number 10 of the permit. Okay. Hang on a second. Okay, there was a location concern at one
point, adjacent to Highway 41 and the 7gth Street frontage road for Highway 5 so access
transportation needs are easily accommodated in this location. Adjacent to the Bluff Creek
Watershed which will preserve additional green space and add the natural and historic character
of this area. And it's located in the proximity of other significant recreational and educational
destinations such as the Arboretum, Minnewashta Regional Park, Carver Park Reserve and the
Loring Nature Center. I'm a really good fit to this area, okay. The residential development
proposed on the adjacent property is buffered by the large pasture on the east side of the site.
Okay. This is the east side of the site so right here. And these are where the Pulte Homes are
proposed to go in here. Okay, in fact the conceptual proposal only located two townhome
buildings adjacent to the property line. Do you, I'll show you a map of that. I don't think you're
going to see this but there is two strips going right here, okay. So this is the east side and this is
the two strips, okay. West 78th Street separates the development to the south and the boulevard
plantings provide additional buffering. Only the end units of three buildings will parallel this
property. The residential development to the north is buffered by a large wetland complex which
is the Bluff Creek Watershed. The corner of Highway 41 and 5 has been referred to as the
entrance to the city. I believe that the historical preservation of a farmstead in this location
would further enhance this entry point to our community. And that's basically, I guess we can, if
you have any concerns about the pictures, you want to see, you know ask any questions, I'm glad
to answer anything. But what I'm trying to get at is for the significant amount of money I'm
going to have to invest in this to keep the buildings going and everything you know to look still
good, it's going, I can't afford to be there for 5 years and then even if you want to force me to not
be able to have you know people come over for, until my driveway's there, that's going to take
up another year which allows me 4 years. So that's my concern.
Peterson: Any questions of the applicant?
Sidney: Yes Mr. Chair. ! alluded to a question about day camp. I guess what is your intention
for, you know would buses of kids come in for the day?
Susan McAllister: There's no day camp with this. Like I said no. I mean that brochure, I just, I
was putting out things. I'm an artist type of person. I can see things better like that and I just
thought you know this would make the beginnings of my brochure and so you know, that's
changed and it's not a day camp. It's only a petting farm.
Sidney: So what is the nature of the business then? Do people just come in unmmounced so to
speak or do they set up appointments for car loads?
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Planning Commission Meeting - April 19, 2000
Susan McAllister: Yeah, they would set up appointments and they also could come in
unannounced and you know, be able to have a really enjoyable experience. It's non-violence. It's
something that's totally different than what people are used to doing here and have the kids
actually interact with the animals. Be able to groom the animals. See a milking goat
demonstration. It's a hands on petting farm is what it is so they can like feel the fur of the
chinchilla. You know like especially for like blind kids or something. They need to touch
animals that are not big, lumbering pigs you know, so I need to have those little animals there.
And you know, I'm going to have a bird, aviary in the basement of the barn where I'm going to
be housing the peafowl which includes one peacock and two peahens. Some Chinese Golden
Pheasants which are native to Asia. The original, what the heck is it? Jungle fowl that is, as part
of my teaching program to kids, the jungle fowl is a very, the roosters and all the hens that we've
got now originated from the jungle fowl so it's considered an exotic bird.
Sidney: Okay so bottom line is no day camps?
Susan McAllister: No, no day camps. I'm sorry...I'm trying to sell this thing.
Sidney: But I do want to make one comment which I guess you missed the last Planning
Commission about the iguana but I do want to ask about prairie dogs because how do you keep
prairie dogs you know without letting them, or if they can get out and...
Susan McAliister: No, they would be in an appropriate size pen.
Sidney: So it's not a prairie dog town or anything?
Susan McAllister: Oh absolutely, I hope not. You know all the animals that I have are going to
be like in their proper area where they're not going to be running at large you know, so that. And
I have to. I can't do that and be licensed by the USDA. I can't. That's not, that just wouldn't.
I'd get in trouble with the nuisance ordinance you know and animal at large ordinance so.
Sidney: I guess what I'm having trouble with is your expectations for the intensity and I guess I
don't feel that staff is really supporting that because I have a feeling like you do need more
employees for the amount of activity that you're talking about.
Susan McAllister: Well it's, according to my book it describes that I absolutely have to so. I just
can't physically do that with only one other person. It's just not possible so I don't know, I don't
know what to say about that. I guess I've said what I need to and that's what I need to say so.
Peterson: Other questions of the applicant?
Kind: Yes Mr. Chairman. You mentioned that you have peacocks right now. Have you had any
complaints about them?
Planning Commission Meeting - April 19, 2000
Susan McAllister: No. I have not. None, absolutely. I don't think. I mean nobody's ever
approached me with anything. I don't know how I could because the only, when I was here the
last time I told you know the staff and so on, whoever needed to know, that peacocks, the male
peacock will scream you know like at night or whatever in the day, but if it's at night it's sort of
an eerie sound actually and it's a very wild sound. And you know, he's trying to impress his
mate. I know a lot of other people that are like animals that do it every day but this guys only
does it 6 weeks out of the year so I think that's pretty good.
Kind: And you keep him closed in when he's doing that?
Susan McAllister: Yes, I do. It's from the middle of March til the first, or no. It's from the
middle of April to the first week in June, so that's about 6 weeks so, because like if.
Kind: I get the drift. I get the drift.
Susan McAllister: Okay, I'm just saying if you have animals and you don't know about them,
you're going to have problems.
Kind: You answered my question. And my other one was related to, on the site plan there's no
public restroom facilities. When all these kids are there, where do you propose tbr them to go to
the bathroom?
Susan McAllister: Well I'd have like a porta-potty there so.
Kind: Like the Biffs or something like that?
Susan McAllister: Yeah, something like that, right.
Kind: And then, one that just came up. When you put down that site plan that had the Pulte
development on there, that looks really amazing to me. You're like a little oasis right there with
all of the, does that look scary to you at all?
Susan McAllister: Well that looks like a people zoo. I'm an animal zoo and they're a people
zoo. I mean the best way to resolve this whole thing is to just you know zone the northeast side
of you know or the west side as a zoo of some sort and just have us live happily ever after and
interact with each other.
Kind: It's just when you put that down I just went wow. You're going to be surrounded. And
you're okay with that?
Susan McAllister: I don't know about okay. I don't want to go on and on but I just, you know if
I, where I'm at I'm trying to protect the farmstead look. If this is what it takes to get all these
houses there to preserve the trees, if that's what it is, then I have to accept it. It's sort of like the
laws of nature. The sun rises and sets at this time of the day at this month, okay. If that's what
that comes to to be able to protect the green space for the wild animals and the beautiful trees that
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Planning Commission Meeting - April 19, 2000
we're never going to have unless we protect them, then that's what it comes down to. And I
have to really work hard and I'm prepared to work hard. I've been doing it for like 15 years
almost to maintain my animals and do a really good job. I'm a very responsible person. I believe
in the community values of this community and so on, about the citizenship and respect for the
other person and basically if I want somebody to treat me the way I would want to be, you know
treat them like I'd want to be treated and I am trying, you know I'm willing to try to work out and
be very responsible.
Kind: Okay, thank you.
Peterson: Other questions of the applicant? Thank you. Motion and a second for a public
hearing please.
Sidney moved, Kind seconded to open the public hearing. The public hearing was opened.
Peterson: This is a public hearing. Anyone wishing to address the commissioners, please come
forward and state your name and address please.
Boyd Peterson: Yeah, Boyd Peterson, 9860 Pioneer Circle, Chanhassen. I think everybody in
this room should applaud this lady for going through what she's going to go through for this
community. I'm a father of four kids. I mean none of us are kids here but animals to kids, it's
like you know candy. Sounds like she's willing to put herself on a year by year, 5 year, 10 year
look at me. What do you think? Am I doing it right? Am I doing it wrong? If I'm doing it
wrong, I'I1 leave. She's opening herself up. You know what more can we want you know.
Gateway to the town, perfect. You know they've got communities all around that would love to
have a place and a person like that that would go on a limb and put something like that in there.
Thank you.
Peterson: Thank you.
Uli Sacchet: I'm Uli Sacchet. I live at 7053 Highover Court. I think this is a really valiant
et'fort here that deserves to be supported in every which way. I'm concerned when I see so many
conditions put on this effort. I understand where you're coming from with trying to balance it in
the context of the ordinances and also in terms of future, where that would lead eventually and
that's certainly a liability that has to be looked at carefully. But I think there's a superceding
thing which is we can't, such a fantastic effort curtail it to the point that it couldn't even support
itself....cutting down staff to the point that it's not workable. I mean I work with animals
myself as a hobby and it' s a lot of work and to put something out there that is presentable and
conforms with the regulation on a State level, needs people to help. And also in order to make it
at least somewhat able to carry itself on a financial level, there has to be room for cars to park for
the people that want to come, whether it's a bus or two. So I would certainly encourage you to
look at that as an important thing to make this possible. To support an effort like that because
we're going to look back in two days and you put a very good comment, it's like an island. You
have a lot of people coming to this city and most of these people come out here because they
want to be a little more in the rural setting. And it's kind of a dichotomy what we have here and
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Planning Commission Meeting - April 19, 2000
we have this exploding development, and it's wonderful. It's a great community. It's good
people. People come out here to be a little bit out of the rat race. Little bit in the rural
community and here is somebody who's going out of their way and willing to make a
tremendous sacrifice to preserve a little island of what most of us brought us out here so I would
urge you to consider that. Thank you.
Peterson: Thank you.
Vernelle Clayton: I'm Vernelle Clayton, I live at 422 Santa Fe Circle and you've seen me here
many times but tonight I'm here as a friend and fellow farmer. And I told Sue that I would
address one particular issue, partly because Ladd brought it up last time and now he's not here
but I thought I would do it anyway. I had a couple other comments that I thought I'd make.., and
what she actually has out there now and what she can continue doing. But I think that's all
cleared up so I won't belabor that point. So I will just focus on what I thought I would tell Ladd.
And that is he was a little concerned about the size and Sue addressed it a little bit too and it's
probably clear in your minds now without any comment from me, but as she is enamored of rural
life, so am I. She'-s willing to risk a great deal financially and spend an awful lot of time to
preserve it. What I do is I risk a little financial stability and security by buying out my siblings so
that I could in tact keep the farm that I grew up on because once you live on a farm, you never
really want to totally give it up. So I go out there from about now on until about the end of
October every other weekend and we farm. And so to put the size of her operation into
perspective and I kmow that some of you have farm backgrounds so I don't need to tell you this.
6 acres is quite a lot of space for what she wants to do. And so I'm concerned when we address,
I'm not quite sure what it is we're talking about when we talk about intensity. To put it in
perspective on my farm which is basically a cattle farm. Cattle and previously sheep. We used
to have a lot more types of things. We just have cattle now but when we had more things, over
winter which is what I consider a comparable situation for Sue. Over winter is when animals
don't go to pasture. They don't need the extra space. You feed them right in the yard and they
don't leave. In fact you don't want them to leave. The gates are shut. Over winter we had at
times in the range of 125 cattle. Let me back up. We had about 8 acres of farm yard and a large
part of that was mowed, house, yard and approach and garden. On that then, in our barns we
kept, in and around our barns, approximately 125 heads of cattle. It varied. About 75 head of
sheep and because we just had a small chicken house, we only had about 100, but as you know
you can keep an awful lot of chickens in a small space. We didn't have anybody occupying for
most of the time. One site was over about the age of 10, the horse barn so that was still unused,
and we had two buildings fully filled with machinery. So that gives you some kind of
perspective. She's talking about upwards of 80 1 think, and that includes some little bitty
animals. Now we had 125 cows so if you get the idea, she's got much more space. I would say
there is no intensity. If there's intensity to be considered I would think the traffic, the people
coming, but not the animals. I also wanted to say that I don't want to speak for Sue but I think
there are things that could be worked out that may a bit better for both the city and her than might
be presented to you tonight. For example, my grandparents farm now is owned by someone who
specializes in raising emu. Only a few miles away from my farm. Within a few miles there are
people that have buffalo, lama, ostrich. Often there are pheasants being taken care of for fall
release. Rabbits. Pet skunks. When ! was little we had among other things, as my dad happened
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Planning Commission Meeting - April 19, 2000
to run over with a lawn mower with a mower, or whatever, lo and behold we would have a wild
duck, wild geese. At one time we had a pet coyote. Turtles, lizards, so all of these things are
from time to time farm pets. That's my point. Farming these days, and this is not a relevant
point because she's wanting to replicate a 1920's farm, but farming these days is emphasizing
alternative uses and alternative products so to speak. Animals and poultry and so I don't think if
you expand it you are talking about a zoo. These folks that raise lamas are not considered to be
raising zoo animals. So I think there are some language that can be cleared up that would benefit
both the city and Sue. And don't be afraid. I think that two things, don't be so restrictive that
she can't succeed. And two, don't be afraid of this. This can be something good for
Chanhassen. You can have enough restrictions. She's offering to let you have restrictions. But
don't be afraid. Go boldly with this. It can be really fun and really great for Chanhassen. Thank
yOU.
Peterson: Thank you. Anyone else?
Susan McAllister: I'm not going to talk long but I just want to reassure you that, well I want to
inform you that there's people that, I hear them say they're coming to Chanhassen and I say why
do you come to Chanhassen? Just, I'm curious. For the country feel. For like the feel of the
country. We like the look of the open fields and so on. I want you to realize that the country is
not Chanhassen anymore and the country is only where you're going to allow it to be so that's
where the country is and that's what I'm trying to preserve and I want to preserve it forever so
that's what my real thought is.
Peterson: Anyone else?
Kind moved, Sidney seconded to close the public hearing. The public hearing was closed.
Peterson: Commissioners. Anyone want to jump into this one?
Blackowiak: Mr. Chairman I have a question of staff before we start. I need to kind of get
something clarified. The home occupation ordinance we looked at tonight, from my persPective
xYas talking about restrictions on property zoned residential, okay. Now we're talking about
some property that's not zoned residential?
Aanenson: A2 is also a residential zone.
Blackowiak: It is a residential zone?
Aanenson: Yes. It does not meet the home occupation ordinance. You've got activities outside
the principle structure. Home occupation has to be in the home. That's why we're coming up
with some different standards.
Blackowiak: So then the one employee that we used for the home occupation really doesn't
apply to this. It's just a number that you chose?
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Planning Commission Meeting - April 19, 2000
Aanenson: ...we've framed this up on intensity. Intensity isn't just animals. It's the activity
level on the property. How many employees are there? How many kids are there? What are the
hours of operation? Those are all factors of intensity. While I appreciate the comments on the
farm, I don't think those farms are in close proximity to houses such as this is going to be.
Again, if you, if we look to 5 years down the road, this is going to be different. We certainly
want to preserve the agricultural of this property. That's why we're bringing this forward. We're
trying to strike that balance as what is the right amount of intensity on this property and again if
you give it a conditional use, you cannot revoke the conditional use. It runs with that property
forever and that was our concern. We're going out there and we don't know the ramifications.
We're going into a, all we can tell you is from oUr past experience where there's conflicts. And
we're saying we anticipate that and I think if we were to start smaller and say you know build on
that, we'd be, the staff would be much more comfortable with that. But say there's 5 employees
and then you have two school buses and, you're having 50 kids, 60 kids, 75 kids during the day
on that running around. I don't know. I don't know what the implications are. You don't do
that on a normal farm. There's a commercial store that you need to have somebody running. It's
a lot different than just preserving agricultural and so, there's some ramifications. The traffic, all
that. So that's what we were looking at intensity. Not just the number of animals. I'm certain
that that is probably the least of the problems. While there may be some nuisance with noise,
with peacocks, there are. Because we have that complaint already in the city with that noise.
Peterson: Other questions of staff before we give comments? Alison, do you want to begin the
comlnentary?
Blackowiak: I should have kept quiet.
Peterson: See that you should have.
Blackowiak: Got you looking this way didn't I?
Peterson: Yep.
Blackowiak: Sure I will. This is a tough one. I certainly applaud the idea. I think that it is
important to try to preserve some type of Chanhassen's history. I'm not sure of the location. It is
going to be an island, definitely. If indeed that proposed development goes through. We're
going to have all kinds of neighbors that are going to be right up next door and there will be
complaints and that's just a given. It's going to happen. Regardless of the fact that she was there
first, there are going to be people that are not going to be happy about it. I understand why she
would like a conditional use permit versus an interim use. From a purely business point of view
however I would feel uncomfortable if I were trying to go into a new business with an interim
use, with simply an interim use permit, for only 5 years. I just don't think that that's really
something that would give her the comfort level she might need to spend the time, money and
energy necessary to get something like this up and going. So I don't know that this is necessarily
even what she would want or accept in terms of a solution that would be acceptable to her. I
have some problems with some of the conditions. Specifically number of employees.
Specifically parking. I don't think either is enough to support what she wants to do, but the
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Planning Commission Meeting- April 19, 2000
question I'm still struggling with is if she has enough with, to achieve what she wants to do, is it
going to be too much for this site and I guess I don't have that answer right now. One of my
main kind of problems to myself is, the 78th Street access. I don't like that at all. Especially
since we're talking about that neighborhood being there. I think that that's going to potentially
raise more problems than an access off of Highway 41 would simply because you've got
residential neighborhoods. You've got, you know I assume pedestrian traffic, children, etc so for
me I would be more comfortable hearing staff recommend something off of 41. Dave, you're
shaking your head. I understand that but.
Aanenson: The sight line is terrible.
Blackowiak: I understand but I'm just saying that West 78th I don't think is going to be much
better. That's my opinion. I mean right or wrong. I mean I'm not an engineer but that's just
kind of what I'm thinking in terms of the neighbors. When there are neighbors there. It's going
to be a problem for them having traffic going through their neighborhoods and that's why I
would almost prefer doing something off of 41. Bottom line is, I just don't know what to say. I
wish she had 40 acres. That would be wonderful. I'm sure she does too. But I guess I am
struggling with the idea that we're not giving her enough to succeed. Yet if she does get enough
to succeed, it might just be too much for the site so I'm going to listen to the other comments and
hopefully get some more insight.
Peterson: And to that point, any other comments by commissioners?
Kind: Yes Mr. Chairman, I'll continue down the line here. I like the idea of supporting,
preserving little oasis, oasi. Oasises. And it is a nice little farm. I like the idea. I too am
concerned about the conditions, limiting it too much to where it's not a going venture. So I'd
like to see the parking increased to what the applicant has recommended or asked for, which is
20 cars or/and. It's not clear to me actually, would the buses go where the cars are so it's either
or deal? Or both? It's both, okay. So I'm torn on that. Because if you have all of that, that's
200 people. That's way more so actually ! like it the way it was. Never mind. I think that's how
you restrict the use is by the number of parking and that we should increase the staff, the number
of people who can work there which was point number 3 under the petting farm. I don't know
how you call it. The ordinance. The section for petting farms. I would like to see it four non-
residents of the place because that's what it sounds like it would take to make a go of it. What
else do ! have here? Oh, and then the length of the interim use. Since the applicant has
expressed a willingness to be revisited, every 10 years or whatever the number is, I guess I'd like
to see it be longer than 5 years. I think 5 years is just not sending a very positive signal to the
applicant that she can really establish a business and build buildings so I like the idea of it being
more like 10 years or something like that. And have it relate to after the installation of the
driveway on West 78th. I like the entrance on West 78th. Sorry Alison. I just think it takes it off
the fray of 41. And until that road is built, she'll just have to take the show on the road or do
some of her prep work. It probably will take her that long to prePare to open this business
anyway so those are my thoughts.
Peterson: Okay, thank you. Other comments?
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Planning Commission Meeting - April 19, 2000
Sidney: Yes, I'll make some comments Mr. Chair. I like the idea of a petting zoo. Excuse me,
a petting farm. Should choose my words more carefully here. I was thinking it would be a really
fun place to bring my niece and I was so excited about it when I first saw that brochure and stuff.
I think that'd be a really fun place to go in the community for little children. I think we need
more of those types of areas. And I was thinking about you know intensity, is it activities and I
was'thinking particularly in Stone Creek there's a small park with kids and it's just over run with
kids. It's very loud. There's a lot of noise and it goes on all day and into the night and I'm
wondering if we're really going to have anything more noisy than that with a petting farm.
Probably not. Or a ballfield if you've been around ballfields, you know with screaming kids. If
this were planned to be a park or a ballfield would we feel differently? And I think maybe not. I
think the petting farm is probably going to be in that same realm. Probably even more quiet.
Maybe not as intense in terms of activities and so I'd be certainly in favor of the interim use
permit for this particular use. I do like, would like to see the condition on the number of
employees changed and increased so that we have no more than 4 maybe listed, and I guess that's
part of the description of the petting farm. Also I made a note here about, I also would like to see
under petting farms the condition 4 address the request about being able to rehabilitate wildlife
so that only customary farm animals and the rehabilitation of wildlife shall be allowed on the
site. And then strike wild but leave exotic animals shall be prohibited. Those are my thoughts
for now.
Peterson: Thank you.
Burton: Mr. Chairman I'll jump in. I agree on the employee issue. I think it should be 4. On the
parking, I like starting off where it is but I would, I would guess the applicant could always come
back every year if she wanted to or even more often and ask for new things. So she can always
come back and ask for more parking. I don't know about the access issue. The access issue just
kills it. If it's limited to 78th Street then, and there is no 78th Street there, then this thing's not
happening for quite a while anyway. But I also understand the concerns on 41 so I'm stuck there.
I do like the project. I think it's nice to have a petting farm. I'd like to have a petting farm there.
I'm not concerned about the size. I think it's pretty obvious that the applicant values the rural
li fe and animals and she's not going to do anything to undermine those things so I'm not really
worried about that. I do have another comment on the definitional part. When you limit wild
and exotic animals, I think we need to work on the definition because if you limit exotic animals
out of there too, you really, it seems to me we're just basically carving out maybe some peafowl
and chinchilla or two from what she's planning. But I don't know, I think maybe, I don't know if
we can work on some definition that really excludes the type of animals that we don't want there.
You know the lions and tigers and bears type stuff. I would rather work on the definition to keep
those out but let her have some flexibility on some of the fun little animals. I guess that's it. I
don't know what we'll do tonight. I feel like if we pass, if this passes to staff what's suggested,
which I think is a good recommendation, that it really doesn't allow for it to go forward because
first of ail we've got the street issue. But I don't know where to go and I guess I'll look to the
fellow commissioners on what we should do or can do here. I'm kind of stuck.
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Planning Commission Meeting - April 19, 2000
Peterson: Okay. Boy, I guess I'm going to buck the trend. Even from the first session where we
had a working plan I wasn't enthused with either the site or the location and I'm not any more
convinced tonight that it's the appropriate of this site. But more importantly I just don't see the
location as being conducive for what we want to, or what she really wants to try to accomplish,
and more importantly how we want to transition from, if Pulte goes through and if that's a pretty
abrupt transition which I don't think is appropriate. I'm sensing that there's going to be more
traffic to the area.than I did before. I see that as a negative so I guess keeping my thoughts
succinct, site plan. It's marginal for what I think should be there. Or conducive for a petting
farm and the location just doesn't work for me. I love the idea. I think it's a fantastic idea, just
the wrong spot so. I know I sense from my fellow commissioners that we want to make that
work, but in my heart I can't move ahead because it's just the wrong spot. So I'll be happy to
entertain a motion.
Blackowiak: Excuse me Mr. Chairman. Kate, I need to ask one question. Do we have any kind
of a legal time limit on this?
Aanenson: Yes.
Blackowiak: So what is there, what's our time line?
Kirchoff: June 2nd.
Blackowiak: So even if it's a zoning ordinance amendment we still have to?
Aanenson: Yes. It's a request, correct.
Blackowiak: So we have to act within that time or else it automatically.
Aanenson: Well we will. We would give you, tell you to make some recommendation, either
approve or deny and send it forward to the City Council is what we would recommend. Not
tonight.
Blackowiak: Not tonight?
Aanenson: You have time yet.
Blackowiak: Okay. That's what I wanted to know, thank you. Well then I would like to make a
motion that we table this for tonight. The reason being is that I'm sensing, I think Ladd would
like to be here really. And also, I think that staff and the applicant need to get together and to
further determine whether or not they can agree on interim use versus conditional use and a time
for the interim use. And really hammer out some of the conditions that would be acceptable both
to the applicant and to the staff, and then come back to the Planning Commission with a more
concrete plan that is acceptable to both parties.
Peterson: Is there a second?
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Planning Commission Meeting - April 19, 2000
Kind: I second that.
Peterson: Any discussion?
Sidney: I agree.
Blackowiak moved, Kind seconded that the Planning Commission table the request for a
zoning ordinance amendment to allow petting farms as an interim use in the A2 District.
All voted in favor, except Peterson who opposed, and the motion carried with a vote of 4 to
1.
Peterson: I would nay for the reasons already noted. So what should we have Susan do in the
interim? Just work with you?
Aanenson: Yes.
Peterson: All right, thank you.
NEW BUSINESS:
Peterson: Any new business Kate?
Aanenson: Yes. I'll tell you what's coming up on the next meeting in May. Marsh Glen
subdivision. Was on again, off again, on again, off again. It appears that it's going forward now
as a traditional single family RSF subdivision. A lot of negotiations betxveen Mr. Kroiss and
the.., property owner. We haven't, seen that also and we won't because they don't have to...
subdivision so we don't know. We just know what the lots will look like. We have two
variances on and then we're also going to put a kind of open discussion just talk about lighting.
We'll try to get that on... and just talk about the impacts of lighting. There was an article in the
paper recently on that same discussion. Should I move to ongoing?
Peterson: Please.
ONGOING ITEMS.
Aanenson: Okay. We did hire a new storm water, or excuse me. Water Resource Coordinator.
Laurie... and she starts next Wednesday so we'll have her meet with you at the next meeting.
We're excited to have her on board. I wanted to let you know that on May 1st, that's a work
session. The City Council will be interviewing all of the Planning Commission candidates, and
you're interviewing some more tonight but all of them will be going to that meeting. May 1 st.
And then on May 15th there's a tentative, I think you were told this before, a joint Planning
Commission and City Council meeting. I'll let you know but it looks like we're like third on the
docket so I'll let you know approximately what time. The Senior and Park Commission, and
Environmental will also be going that night too. As far as the ongoing items for the meeting in,
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