CC Staff Report 7-26-21CITY COUNCIL STAFF REPORT
Monday,July 26,2021
Subject Ordinance XXX:Approve a Request to Amend City Code Chapters 1 and 20 to Define
Agritainment"/"Agritourism"Create Standards and Criteria for an Agritainment Use as an Interim
Use Allow Agritainment Uses as an Interim Use in the Agricultural Estate District and Approve
an Interim Use Permit for an Agritainment Use on Property Located at 9111 Audubon Road
Section
NEW BUSINESS Item No:I.1.Prepared
By Bob Generous,Senior Planner File No:Planning Case No.2021-13 PROPOSED
MOTION The
Chanhassen City Council approves the ordinance amending City Code sections 1-2,20-251.5,and 20-576 regarding
Agritainment and an Interim Use Permit IUP)for Agritainment Use at 9111 Audubon Road And
Adopts
the Findings of Fact."Approval
requires a Majority Vote of the entire council.SUMMARY
The
applicant is proposing the creation in the City Code of an Agritainment definition,use standards,creating an interim
use in the Agricultural Estate District and requesting an IUP for 9111 Audubon Road Degler Farm).BACKGROUND
The
Planning Commission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021.
The Planning Commission concurred with staff that the use should be ancillary to an active farm use of the property
and that the property be primarily used for agricultural purposes.The Planning Commission was also concerned
that the proposed use,if permitted to incorporate all the uses listed by the applicant,would become a carnival".
The
Planning Commission voted 3-1 to recommend approval of the ordinance amendments and IUP with the amendments
outlined as part of the public hearing discussion.The Planning Commission minutes from July 6,2021 are
included in the Consent Agenda of this City Council packet.DISCUSSION
Any
approval by the City for development of the property must be consistent with the Comprehensive Plan.The
CITY COUNCIL STAFFREPORTMonday,July 26,2021SubjectOrdinance XXX:Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritainment"/"Agritourism"Create Standards and Criteria for an Agritainment Use as anInterimUseAllowAgritainmentUsesasanInterimUseintheAgriculturalEstateDistrictandApproveanInterimUsePermitforanAgritainmentUseonPropertyLocatedat9111AudubonRoadSectionNEWBUSINESSItemNo:I.1.PreparedByBobGenerous,Senior Planner File No:Planning Case No.2021-13PROPOSEDMOTION"TheChanhassenCityCouncilapproves the ordinance amending City Code sections 1-2,20-251.5,and 20-576regardingAgritainmentandanInterimUsePermitIUP)for Agritainment Use at 9111 Audubon RoadAndAdoptstheFindingsofFact."Approval requires a Majority Vote of the entire council.SUMMARYTheapplicant is proposing the creation in the City Code of an Agritainment definition,use standards,creatinganinterimuseintheAgriculturalEstateDistrictandrequestinganIUPfor9111AudubonRoadDeglerFarm).BACKGROUNDThePlanningCommission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021.The Planning Commission concurred with staff that the use should be ancillary to an active farm use ofthepropertyandthatthepropertybeprimarilyusedforagriculturalpurposes.The Planning Commission wasalsoconcernedthattheproposeduse,if permitted to incorporate all the uses listed by the applicant,would become a"carnival".The Planning Commission voted 3-1 to recommend approval of the ordinance amendments and IUP withtheamendmentsoutlinedaspartofthepublichearingdiscussion.The Planning Commission minutes from July 6,2021areincludedintheConsentAgendaofthisCityCouncilpacket.DISCUSSION
Any approval by the City for development of the property must be consistent with the Comprehensive Plan.The
applicant has submitted the proposed changes to City Code.Staff prepared a strike-through and bold format to show
recommended changes and has highlighted in yellow,changes as a result of the Planning Commission meeting.
Chapter 1
Section 1-2 Rules of Construction
Agritainment Agricultural,horticultural,or agri-business activity that allows for recreation,education,
entertainment,and tourism in conjunction with agriculture support and services directly associated with on-
going agricultural activities on site.organizations or members of the general public,for the purpose of recreation,
education or active involvement to view,enjoy,or participate in rural activities of a farm or farm-related operation .
Uses Events and activities include the following:hayrides,corn mazes,hay mazes,petting zoos farm
animals only),produce picking,active,historical farms,tours and demonstrations.including corn mazes,
hayrides,pumpkin picking,corn pits,hill slides,pumpkin throwers,lookout towers,zip lines,straw bale mazes,apple
picking,play structures,antique tractor displays,sawmill demonstrations,hay stacks,kiddie trains,animal rides,sleigh
rides,snowshoeing,maple syrup harvesting,cross country skiing,mountain biking,sledding hills,archery/ax
throwing,are exhibited regardless of compensation.
Staff’s intent was to create a more generalized definition of Agritainment and to highlight that the use is in
support of and in conjunction with an on-going agricultural use of the property.
Chapter 20,Zoning
Article IV,Division 3,Standards for Agricultural and Residential Districts
Sec.20-251.5 Agritainment.
The following conditions will apply to Agritainment activities:
1)The site must be zoned Agriculture A-2”.Plans shall be required showing the location of all
improvements,structures or proposed activity areas.
2)The site must be on and have access to a collector or minor arterial.
3)The minimum lot size shall be 20 acres.
4)The site must have 25 50%of its land being used as agriculture”as defined in Sec.1-2.Rules of
construction and definitions”.
Staff proposed this change to note that the site is to be used as an on-going agricultural use of the property.
By definition,a farm must have a minimum of ten acres.Fifty percent of 20 acres is ten acres.
5)All structures,parking,and storage areas must be set back 50 feet from public or private rights-of-
way,and 300 feet from any adjacent single-family residences or a minimum of 50 feet from a side lot line,
whichever is greater.
6)Parking plan shall be supplied with permit detailing size,capacity,and location.Parking areas shall be
limited to on-site parking.Parking areas shall be set back 50 feet from public right-of-way unless
screened.Accessible parking shall be shown on the plans and must be on an accessible surface.
The number of accessible spaces shall be based on the maximum parking capacity.
The applicant suggested that the parking should be grouped under one heading.They proposed that parking
should be permitted closer to the right-of-way than 50 feet.The planting of rows of corn adjacent to the
parking area could provide the screening required and allows for parking setbacks less than 50 feet.
CITY COUNCIL STAFFREPORTMonday,July 26,2021SubjectOrdinance XXX:Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritainment"/"Agritourism"Create Standards and Criteria for an Agritainment Use as anInterimUseAllowAgritainmentUsesasanInterimUseintheAgriculturalEstateDistrictandApproveanInterimUsePermitforanAgritainmentUseonPropertyLocatedat9111AudubonRoadSectionNEWBUSINESSItemNo:I.1.PreparedByBobGenerous,Senior Planner File No:Planning Case No.2021-13PROPOSEDMOTION"TheChanhassenCityCouncilapproves the ordinance amending City Code sections 1-2,20-251.5,and 20-576regardingAgritainmentandanInterimUsePermitIUP)for Agritainment Use at 9111 Audubon RoadAndAdoptstheFindingsofFact."Approval requires a Majority Vote of the entire council.SUMMARYTheapplicant is proposing the creation in the City Code of an Agritainment definition,use standards,creatinganinterimuseintheAgriculturalEstateDistrictandrequestinganIUPfor9111AudubonRoadDeglerFarm).BACKGROUNDThePlanningCommission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021.The Planning Commission concurred with staff that the use should be ancillary to an active farm use ofthepropertyandthatthepropertybeprimarilyusedforagriculturalpurposes.The Planning Commission wasalsoconcernedthattheproposeduse,if permitted to incorporate all the uses listed by the applicant,would become a"carnival".The Planning Commission voted 3-1 to recommend approval of the ordinance amendments and IUP withtheamendmentsoutlinedaspartofthepublichearingdiscussion.The Planning Commission minutes from July 6,2021areincludedintheConsentAgendaofthisCityCouncilpacket.DISCUSSIONAnyapprovalby the City for development of the property must be consistent with the Comprehensive Plan.TheapplicanthassubmittedtheproposedchangestoCityCode.Staff prepared a strike-through and bold format toshowrecommendedchangesandhashighlightedinyellow,changes as a result of the Planning Commission meeting.Chapter1Section1-2 Rules ofConstructionAgritainmentAgricultural,horticultural,or agri-business activity that allows for recreation,education,entertainment,and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on site.organizations or members of the general public,for the purpose of recreation,education or active involvement to view,enjoy,or participate in rural activities of a farm or farm-related operation .Uses Events and activities include the following:hayrides,corn mazes,hay mazes,petting zoosfarmanimalsonly),produce picking,active,historical farms,tours and demonstrations.including corn mazes,hayrides,pumpkin picking,corn pits,hill slides,pumpkin throwers,lookout towers,zip lines,straw bale mazes,applepicking,play structures,antique tractor displays,sawmill demonstrations,hay stacks,kiddie trains,animal rides,sleighrides,snowshoeing,maple syrup harvesting,cross country skiing,mountain biking,sledding hills,archery/axthrowing,are exhibited regardless of compensation.Staff’s intent was to create a more generalized definition of Agritainment and to highlight that the use isinsupportofandinconjunctionwithanon-going agricultural use of the property.Chapter 20,ZoningArticleIV,Division 3,Standards for Agricultural and ResidentialDistrictsSec.20-251.5 Agritainment.The following conditions will apply to Agritainment activities:1)The site must be zoned Agriculture A-2”.Plans shall be required showing the location ofallimprovements,structures or proposed activity areas.2)The site must be on and have access to a collector or minor arterial.3)The minimum lot size shall be 20 acres.4)The site must have 25 50%of its land being used as agriculture”as defined in Sec.1-2.Rulesofconstructionanddefinitions”.Staff proposed this change to note that the site is to be used as an on-going agricultural use of the property.By definition,a farm must have a minimum of ten acres.Fifty percent of 20 acres is ten acres.5)All structures,parking,and storage areas must be set back 50 feet from public or private rights-of-way,and 300 feet from any adjacent single-family residences or a minimum of 50 feet from a side lot line,whichever is greater.6)Parking plan shall be supplied with permit detailing size,capacity,and location.Parking areas shallbelimitedtoon-site parking.Parking areas shall be set back 50 feet from public right-of-wayunlessscreened.Accessible parking shall be shown on the plans and must be on an accessible surface.The number of accessible spaces shall be based on the maximum parking capacity.The applicant suggested that the parking should be grouped under one heading.They proposed thatparkingshouldbepermittedclosertotheright-of-way than 50 feet.The planting of rows of corn adjacent to the
parking area could provide the screening required and allows for parking setbacks less than 50 feet.
7)The maximum number of persons to be using the facility at any one time needs to be tied in the
application permit or tied to 80%parking capacity as outlined in the permit plan.This allows variations of
seasonal activities layouts.
8)Accessory agriculture B uildings used for Agritainment events must meet existing Building Code.or be
approved by the city engineering department prior to use.Intent is to allow provision for use of existing
agriculture building where special building use is requested.Building requirements shall be based on
occupancy.
9)Hours of operation shall be from 8:00 a.m.to 9:00 p.m.
10)Retail sales shall be limited to Agritainment-related items.This includes,but is not limited to,items that
can be produced locally or grown on site,such as produce,honey,sweet corn,pumpkins,gourds as well as
non-edible items such as products and crafts produced or manufactured on-site,such as wood slabs,benches
and birdhouses.Retail items promoting the establishment with its name are permitted .
Staff wanted to be sure that retail items would be directly related to the farm use of the property.Retail items
promoting the establishment could lead to allowing any commercial activity that include the Degler name.It
is not the intent of the District to permit the retail sale of Degler”shirts and pants,calendars and nick
knacks,farm implements,sporting goods,etc.The proposed use of the property should be related to and
ancillary to the farming use of the site.Retail businesses are not appropriate in the Agricultural District.
11)All animals must comply to section 20-264 10)Petting farms”
12)A termination date shall be established for the IUP.The use shall be permitted until a particular date,
until the occurrence of a particular even,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.
13)Parking screening is required within 50 feet of a residence.
14)Proof of insurance must be provided in permit plan.
15)Rules for vendors Location of vendors to be identified on site plan.Vendors shall be limited to food
trucks.
Staff wanted to be clear that the intent for vendors was to provide refreshment for visitors.However,the
original language would potentially permit a flee market to allowed.
16)The applicant shall include erosion and sediment controls on the permit submittal or provide
justification for why erosion and sediment control may not be necessary.In addition,if City staff
identifies that erosion and sediment control issues are created or persist during the duration of the
IUP,the City can require subsequent erosion and sediment control measures to mitigate against
these issues.All appropriate temporary erosion and sediment control measures shall be maintained
by the owner until the permit is closed out.
17)Agritainment interim use sites are required to provide an initial analysis of the before”and
after”operational traffic impacts to the abutting and surrounding road system resulting from
proposed plans associated with the interim use and associated traffic movements and volumes in
order to identify capacity deficiencies at affected intersections and to help identify feasible solutions
to the deficiencies.
18)Shall provide sanitary facilities for the site visitors.The use of and location of portable
chemical toilets must be reviewed and approved as a condition of approval of an Agritainment use.
CITY COUNCIL STAFFREPORTMonday,July 26,2021SubjectOrdinance XXX:Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritainment"/"Agritourism"Create Standards and Criteria for an Agritainment Use as anInterimUseAllowAgritainmentUsesasanInterimUseintheAgriculturalEstateDistrictandApproveanInterimUsePermitforanAgritainmentUseonPropertyLocatedat9111AudubonRoadSectionNEWBUSINESSItemNo:I.1.PreparedByBobGenerous,Senior Planner File No:Planning Case No.2021-13PROPOSEDMOTION"TheChanhassenCityCouncilapproves the ordinance amending City Code sections 1-2,20-251.5,and 20-576regardingAgritainmentandanInterimUsePermitIUP)for Agritainment Use at 9111 Audubon RoadAndAdoptstheFindingsofFact."Approval requires a Majority Vote of the entire council.SUMMARYTheapplicant is proposing the creation in the City Code of an Agritainment definition,use standards,creatinganinterimuseintheAgriculturalEstateDistrictandrequestinganIUPfor9111AudubonRoadDeglerFarm).BACKGROUNDThePlanningCommission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021.The Planning Commission concurred with staff that the use should be ancillary to an active farm use ofthepropertyandthatthepropertybeprimarilyusedforagriculturalpurposes.The Planning Commission wasalsoconcernedthattheproposeduse,if permitted to incorporate all the uses listed by the applicant,would become a"carnival".The Planning Commission voted 3-1 to recommend approval of the ordinance amendments and IUP withtheamendmentsoutlinedaspartofthepublichearingdiscussion.The Planning Commission minutes from July 6,2021areincludedintheConsentAgendaofthisCityCouncilpacket.DISCUSSIONAnyapprovalby the City for development of the property must be consistent with the Comprehensive Plan.TheapplicanthassubmittedtheproposedchangestoCityCode.Staff prepared a strike-through and bold format toshowrecommendedchangesandhashighlightedinyellow,changes as a result of the Planning Commission meeting.Chapter1Section1-2 Rules ofConstructionAgritainmentAgricultural,horticultural,or agri-business activity that allows for recreation,education,entertainment,and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on site.organizations or members of the general public,for the purpose of recreation,education or active involvement to view,enjoy,or participate in rural activities of a farm or farm-related operation .Uses Events and activities include the following:hayrides,corn mazes,hay mazes,petting zoosfarmanimalsonly),produce picking,active,historical farms,tours and demonstrations.including corn mazes,hayrides,pumpkin picking,corn pits,hill slides,pumpkin throwers,lookout towers,zip lines,straw bale mazes,applepicking,play structures,antique tractor displays,sawmill demonstrations,hay stacks,kiddie trains,animal rides,sleighrides,snowshoeing,maple syrup harvesting,cross country skiing,mountain biking,sledding hills,archery/axthrowing,are exhibited regardless of compensation.Staff’s intent was to create a more generalized definition of Agritainment and to highlight that the use isinsupportofandinconjunctionwithanon-going agricultural use of the property.Chapter 20,ZoningArticleIV,Division 3,Standards for Agricultural and ResidentialDistrictsSec.20-251.5 Agritainment.The following conditions will apply to Agritainment activities:1)The site must be zoned Agriculture A-2”.Plans shall be required showing the location ofallimprovements,structures or proposed activity areas.2)The site must be on and have access to a collector or minor arterial.3)The minimum lot size shall be 20 acres.4)The site must have 25 50%of its land being used as agriculture”as defined in Sec.1-2.Rulesofconstructionanddefinitions”.Staff proposed this change to note that the site is to be used as an on-going agricultural use of the property.By definition,a farm must have a minimum of ten acres.Fifty percent of 20 acres is ten acres.5)All structures,parking,and storage areas must be set back 50 feet from public or private rights-of-way,and 300 feet from any adjacent single-family residences or a minimum of 50 feet from a side lot line,whichever is greater.6)Parking plan shall be supplied with permit detailing size,capacity,and location.Parking areas shallbelimitedtoon-site parking.Parking areas shall be set back 50 feet from public right-of-wayunlessscreened.Accessible parking shall be shown on the plans and must be on an accessible surface.The number of accessible spaces shall be based on the maximum parking capacity.The applicant suggested that the parking should be grouped under one heading.They proposed thatparkingshouldbepermittedclosertotheright-of-way than 50 feet.The planting of rows of corn adjacent totheparkingareacouldprovidethescreeningrequiredandallowsforparkingsetbackslessthan50feet.7)The maximum number of persons to be using the facility at any one time needs to be tied intheapplicationpermitortiedto80%parking capacity as outlined in the permit plan.This allows variationsofseasonalactivitieslayouts.8)Accessory agriculture B uildings used for Agritainment events must meet existing Building Code.orbeapprovedbythecityengineeringdepartmentpriortouse.Intent is to allow provision for use ofexistingagriculturebuildingwherespecialbuildinguseisrequested.Building requirements shall be basedonoccupancy.9)Hours of operation shall be from 8:00 a.m.to 9:00 p.m.10)Retail sales shall be limited to Agritainment-related items.This includes,but is not limited to,itemsthatcanbeproducedlocallyorgrownonsite,such as produce,honey,sweet corn,pumpkins,gourds as wellasnon-edible items such as products and crafts produced or manufactured on-site,such as wood slabs,benchesandbirdhouses.Retail items promoting the establishment with its name are permitted .Staff wanted to be sure that retail items would be directly related to the farm use of the property.RetailitemspromotingtheestablishmentcouldleadtoallowinganycommercialactivitythatincludetheDeglername.ItisnottheintentoftheDistricttopermittheretailsaleofDegler”shirts and pants,calendars andnickknacks,farm implements,sporting goods,etc.The proposed use of the property should be related toandancillarytothefarminguseofthesite.Retail businesses are not appropriate in the Agricultural District.11)All animals must comply to section 20-264 10)Petting farms”12)A termination date shall be established for the IUP.The use shall be permitted until a particular date,until the occurrence of a particular even,or until zoning regulations no longer permit it.Prior to thepermitexpiring,the applicant may request an extension to the interim use permit by submitting a new application.Therenewalapplicationwillbesubjecttoallcityordinancesincludinganynewordinancesenactedaftertheoriginalapproval.13)Parking screening is required within 50 feet of a residence.14)Proof of insurance must be provided in permit plan.15)Rules for vendors Location of vendors to be identified on site plan.Vendors shall be limited tofoodtrucks.Staff wanted to be clear that the intent for vendors was to provide refreshment for visitors.However,theoriginallanguagewouldpotentiallypermitafleemarkettoallowed.16)The applicant shall include erosion and sediment controls on the permit submittal orprovidejustificationforwhyerosionandsedimentcontrolmaynotbenecessary.In addition,if Citystaffidentifiesthaterosionandsedimentcontrolissuesarecreatedorpersistduringtheduration oftheIUP,the City can require subsequent erosion and sediment control measures to mitigateagainsttheseissues.All appropriate temporary erosion and sediment control measures shall bemaintainedbytheowneruntilthepermitisclosedout.17)Agritainment interim use sites are required to provide an initial analysis of the before”and“after”operational traffic impacts to the abutting and surrounding road system resultingfromproposedplansassociatedwiththeinterimuseandassociatedtrafficmovementsandvolumesinordertoidentifycapacitydeficienciesataffectedintersectionsandtohelpidentifyfeasiblesolutionstothedeficiencies.
18)Shall provide sanitary facilities for the site visitors.The use of and location of portable
chemical toilets must be reviewed and approved as a condition of approval of an Agritainment use.
The maintenance and use of chemical toilets shall be subject to the following:
a.Sh all be securely anchored to the ground to prevent tipping.
b.Shall be screened from public right-of-way and residential property with landscaping.
c.Shall be serviced at least weekly as operational plans require based on usage.
d.Only models designed to minimize the potential for spilling may be used.
e.Receipt of an annual license from the City's Planning Department.The license shall be
issued unless the conditions of approval of this section have been violated.All license
applications shall be accompanied by the following information:
1.Name,address,and phone number of applicant(s).
2.Site plan showing proposed location of chemical toilet(s).
3.Name,address,and phone number of chemical toilet supplier.
4.Plan for commercially maintaining the chemical toilet,including a copy of any
agreement for maintenance,and the name,address,and phone number of person
responsible for maintenance.
5.A written description of how the applicant intends to screen the portable chemical
toilet(s)from all views into the property.
Staff agrees that the servicing of the chemical toilet should be based on usage rather than an arbitrary weekly
schedule.
19)Uses may include activities accessory to the use of a working/active farm to provide
educational farm tours,tractor display,produce harvesting,petting farm,etc.)and recreational
activities hay rides,mazes,corn pit,pumpkin thrower,etc.)related to farm related agricultural
operation.If there is a question as to whether or not a use meets the definition,the Community
Development Director shall make that interpretation.
Staff wanted to emphasize that the uses and activities are accessory to the use of a working/active farm to
provide educational and recreational activities related to farm related agricultural operations.The use of the
site for additional recreation activities such as snow shoeing,cross country skiing,mountain biking and
sledding are better done in public parks and not directly related to agricultural activities.
Article X,Agricultural Estate District
Section 20-576,Interim Uses
Add:Agritainment
Staff is recommending that the IUP be issued for a five-year period.At the end of that time,the applicant can request
an extension and the City can evaluate the use.The applicant proposes that the IUP be terminated only when the
property is developed.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve the ordinance amending Chapters 1 and
20 regarding Agritainment uses as revised per staff recommendations,and the Interim Use Permit to permit the
Agritainment use on the property subject to the conditions of the staff report and
Adopt the Planning Commission Findings of Fact and Recommendation.
CITY COUNCIL STAFFREPORTMonday,July 26,2021SubjectOrdinance XXX:Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritainment"/"Agritourism"Create Standards and Criteria for an Agritainment Use as anInterimUseAllowAgritainmentUsesasanInterimUseintheAgriculturalEstateDistrictandApproveanInterimUsePermitforanAgritainmentUseonPropertyLocatedat9111AudubonRoadSectionNEWBUSINESSItemNo:I.1.PreparedByBobGenerous,Senior Planner File No:Planning Case No.2021-13PROPOSEDMOTION"TheChanhassenCityCouncilapproves the ordinance amending City Code sections 1-2,20-251.5,and 20-576regardingAgritainmentandanInterimUsePermitIUP)for Agritainment Use at 9111 Audubon RoadAndAdoptstheFindingsofFact."Approval requires a Majority Vote of the entire council.SUMMARYTheapplicant is proposing the creation in the City Code of an Agritainment definition,use standards,creatinganinterimuseintheAgriculturalEstateDistrictandrequestinganIUPfor9111AudubonRoadDeglerFarm).BACKGROUNDThePlanningCommission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021.The Planning Commission concurred with staff that the use should be ancillary to an active farm use ofthepropertyandthatthepropertybeprimarilyusedforagriculturalpurposes.The Planning Commission wasalsoconcernedthattheproposeduse,if permitted to incorporate all the uses listed by the applicant,would become a"carnival".The Planning Commission voted 3-1 to recommend approval of the ordinance amendments and IUP withtheamendmentsoutlinedaspartofthepublichearingdiscussion.The Planning Commission minutes from July 6,2021areincludedintheConsentAgendaofthisCityCouncilpacket.DISCUSSIONAnyapprovalby the City for development of the property must be consistent with the Comprehensive Plan.TheapplicanthassubmittedtheproposedchangestoCityCode.Staff prepared a strike-through and bold format toshowrecommendedchangesandhashighlightedinyellow,changes as a result of the Planning Commission meeting.Chapter1Section1-2 Rules ofConstructionAgritainmentAgricultural,horticultural,or agri-business activity that allows for recreation,education,entertainment,and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on site.organizations or members of the general public,for the purpose of recreation,education or active involvement to view,enjoy,or participate in rural activities of a farm or farm-related operation .Uses Events and activities include the following:hayrides,corn mazes,hay mazes,petting zoosfarmanimalsonly),produce picking,active,historical farms,tours and demonstrations.including corn mazes,hayrides,pumpkin picking,corn pits,hill slides,pumpkin throwers,lookout towers,zip lines,straw bale mazes,applepicking,play structures,antique tractor displays,sawmill demonstrations,hay stacks,kiddie trains,animal rides,sleighrides,snowshoeing,maple syrup harvesting,cross country skiing,mountain biking,sledding hills,archery/axthrowing,are exhibited regardless of compensation.Staff’s intent was to create a more generalized definition of Agritainment and to highlight that the use isinsupportofandinconjunctionwithanon-going agricultural use of the property.Chapter 20,ZoningArticleIV,Division 3,Standards for Agricultural and ResidentialDistrictsSec.20-251.5 Agritainment.The following conditions will apply to Agritainment activities:1)The site must be zoned Agriculture A-2”.Plans shall be required showing the location ofallimprovements,structures or proposed activity areas.2)The site must be on and have access to a collector or minor arterial.3)The minimum lot size shall be 20 acres.4)The site must have 25 50%of its land being used as agriculture”as defined in Sec.1-2.Rulesofconstructionanddefinitions”.Staff proposed this change to note that the site is to be used as an on-going agricultural use of the property.By definition,a farm must have a minimum of ten acres.Fifty percent of 20 acres is ten acres.5)All structures,parking,and storage areas must be set back 50 feet from public or private rights-of-way,and 300 feet from any adjacent single-family residences or a minimum of 50 feet from a side lot line,whichever is greater.6)Parking plan shall be supplied with permit detailing size,capacity,and location.Parking areas shallbelimitedtoon-site parking.Parking areas shall be set back 50 feet from public right-of-wayunlessscreened.Accessible parking shall be shown on the plans and must be on an accessible surface.The number of accessible spaces shall be based on the maximum parking capacity.The applicant suggested that the parking should be grouped under one heading.They proposed thatparkingshouldbepermittedclosertotheright-of-way than 50 feet.The planting of rows of corn adjacent totheparkingareacouldprovidethescreeningrequiredandallowsforparkingsetbackslessthan50feet.7)The maximum number of persons to be using the facility at any one time needs to be tied intheapplicationpermitortiedto80%parking capacity as outlined in the permit plan.This allows variationsofseasonalactivitieslayouts.8)Accessory agriculture B uildings used for Agritainment events must meet existing Building Code.orbeapprovedbythecityengineeringdepartmentpriortouse.Intent is to allow provision for use ofexistingagriculturebuildingwherespecialbuildinguseisrequested.Building requirements shall be basedonoccupancy.9)Hours of operation shall be from 8:00 a.m.to 9:00 p.m.10)Retail sales shall be limited to Agritainment-related items.This includes,but is not limited to,itemsthatcanbeproducedlocallyorgrownonsite,such as produce,honey,sweet corn,pumpkins,gourds as wellasnon-edible items such as products and crafts produced or manufactured on-site,such as wood slabs,benchesandbirdhouses.Retail items promoting the establishment with its name are permitted .Staff wanted to be sure that retail items would be directly related to the farm use of the property.RetailitemspromotingtheestablishmentcouldleadtoallowinganycommercialactivitythatincludetheDeglername.ItisnottheintentoftheDistricttopermittheretailsaleofDegler”shirts and pants,calendars andnickknacks,farm implements,sporting goods,etc.The proposed use of the property should be related toandancillarytothefarminguseofthesite.Retail businesses are not appropriate in the Agricultural District.11)All animals must comply to section 20-264 10)Petting farms”12)A termination date shall be established for the IUP.The use shall be permitted until a particular date,until the occurrence of a particular even,or until zoning regulations no longer permit it.Prior to thepermitexpiring,the applicant may request an extension to the interim use permit by submitting a new application.Therenewalapplicationwillbesubjecttoallcityordinancesincludinganynewordinancesenactedaftertheoriginalapproval.13)Parking screening is required within 50 feet of a residence.14)Proof of insurance must be provided in permit plan.15)Rules for vendors Location of vendors to be identified on site plan.Vendors shall be limited tofoodtrucks.Staff wanted to be clear that the intent for vendors was to provide refreshment for visitors.However,theoriginallanguagewouldpotentiallypermitafleemarkettoallowed.16)The applicant shall include erosion and sediment controls on the permit submittal orprovidejustificationforwhyerosionandsedimentcontrolmaynotbenecessary.In addition,if Citystaffidentifiesthaterosionandsedimentcontrolissuesarecreatedorpersistduringtheduration oftheIUP,the City can require subsequent erosion and sediment control measures to mitigateagainsttheseissues.All appropriate temporary erosion and sediment control measures shall bemaintainedbytheowneruntilthepermitisclosedout.17)Agritainment interim use sites are required to provide an initial analysis of the before”and“after”operational traffic impacts to the abutting and surrounding road system resultingfromproposedplansassociatedwiththeinterimuseandassociatedtrafficmovementsandvolumesinordertoidentifycapacitydeficienciesataffectedintersectionsandtohelpidentifyfeasiblesolutionstothedeficiencies.18)Shall provide sanitary facilities for the site visitors.The use of and location ofportablechemicaltoiletsmustbereviewedandapprovedasaconditionofapprovalofanAgritainment use.The maintenance and use of chemical toilets shall be subject to the following:a.Sh all be securely anchored to the ground to prevent tipping.b.Shall be screened from public right-of-way and residential property with landscaping.c.Shall be serviced at least weekly as operational plans require based on usage.d.Only models designed to minimize the potential for spilling may be used.e.Receipt of an annual license from the City's Planning Department.The license shallbeissuedunlesstheconditionsofapprovalofthissectionhavebeenviolated.Alllicenseapplicationsshallbeaccompaniedbythefollowinginformation:1.Name,address,and phone number of applicant(s).2.Site plan showing proposed location of chemical toilet(s).3.Name,address,and phone number of chemical toilet supplier.4.Plan for commercially maintaining the chemical toilet,including a copy ofanyagreementformaintenance,and the name,address,and phone number ofpersonresponsibleformaintenance.5.A written description of how the applicant intends to screen the portablechemicaltoilet(s)from all views into the property.Staff agrees that the servicing of the chemical toilet should be based on usage rather than an arbitraryweeklyschedule.19)Uses may include activities accessory to the use of a working/active farm toprovideeducationalfarmtours,tractor display,produce harvesting,petting farm,etc.)andrecreationalactivitieshayrides,mazes,corn pit,pumpkin thrower,etc.)related to farm relatedagriculturaloperation.If there is a question as to whether or not a use meets the definition,theCommunityDevelopmentDirectorshallmakethatinterpretation.Staff wanted to emphasize that the uses and activities are accessory to the use of a working/active farmtoprovideeducationalandrecreationalactivitiesrelatedtofarmrelatedagriculturaloperations.The use ofthesiteforadditionalrecreationactivitiessuchassnowshoeing,cross country skiing,mountain bikingandsleddingarebetterdoneinpublicparksandnotdirectlyrelatedtoagriculturalactivities.Article X,Agricultural EstateDistrictSection20-576,InterimUsesAdd:AgritainmentStaffisrecommending that the IUP be issued for a five-year period.At the end of that time,the applicant canrequestanextensionandtheCitycanevaluatetheuse.The applicant proposes that the IUP be terminated only whenthepropertyisdeveloped.RECOMMENDATIONStaffandthePlanningCommission recommend that the City Council approve the ordinance amending Chapters 1and20regardingAgritainmentusesasrevisedperstaffrecommendations,and the Interim Use Permit to permittheAgritainmentuseonthepropertysubjecttotheconditionsofthestaffreportand
Adopt the Planning Commission Findings of Fact and Recommendation.
ATTACHMENTS:
Ordinance
Interim Use Permit
Planning Commission Staff Report dated July 6,2021
Findings of Fact and Recommendation
Development Review Application
Objective
Narrative and Site Plan
Presentation
Affidavit of Mailing
Comments
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 1
AND CHAPTER 20
REGULATING AGRITAINMENT USE
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Intent of this ordinance is to permit Agritainment as an interim, accessory use of a
working/active farm to provide educational and recreational activities related to agricultural
operations.
Section 2. The Chanhassen City Code is amended by adding the following definition to section
1-2 to read as follows:
Agritainment means agricultural, horticultural, or agri-business events and activities that allow
for education, entertainment, recreation, and tourism in conjunction with agriculture support and
services directly associated with on going agricultural activities on site. Events and activities
include the following: hay rides, corn mazes, hay mazes, petting zoos (farm animals only),
produce picking, active, historical farms, tours and demonstrations.
Section 3. The Chanhassen City Code Article IV, Division 3, Standards for Agricultural and
Residential Districts, is amended by adding section 20-251.5 to read as follows:
Agritainment.
The following conditions will apply to Agritainment activities:
1) Plans shall be required showing the location of all improvements, structures or proposed
activity areas.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 20 acres.
4) The site must have 50% of its land being used as “agriculture” as defined in Sec. 1-2.
Rules of construction and definitions”.
5) All structures and storage areas must be set back 50 feet from public or private rights-of-
way, and 300 feet from any adjacent single-family residences or a minimum of 50 feet
from a side lot line, whichever is greater.
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6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking
areas shall be limited to on-site parking. Parking areas shall be set back 50 feet from
public right-of-way unless screened. Accessible parking shall be shown on the plans and
must be on an accessible surface. The number of accessible spaces shall be based on the
maximum parking capacity.
7) Buildings used for Agritainment events must meet existing building code. Building
requirements shall be based on occupancy.
8) Hours of operation shall be from 8:00 a.m. to 9:00 p.m.
9) Retail sales shall be limited to Agritainment-related items. This includes, but is not
limited to, items that can be produced locally or grown on site, such as produce, honey,
sweet corn, pumpkins, gourds as well as non-edible items such as products and crafts
produced or manufactured on site.
10) All animals must comply to section 20-264 –(10) “Petting farms”
11) 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 even, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
extension to the Interim Use Permit (IUP) by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
12) Parking screening is required within 50 feet of a residence.
13) Proof of insurance must be provided in permit plan.
14) Rules for vendors – Location of vendors to be identified on site plan. Vendors shall be
limited to food trucks.
15) The applicant shall include erosion and sediment controls on the permit submittal or
provide justification for why erosion and sediment control may not be necessary. In
addition, if City staff identify that erosion and sediment control issues are created or
persist during the duration of the IUP, the City can require subsequent erosion and
sediment control measures to mitigate against these issues. All appropriate temporary
erosion and sediment control measures shall be maintained by the owner until permit is
closed out.
16) Agritainment interim use sites are required to provide an initial analysis of the “before”
and “after” operational traffic impacts to the abutting and surrounding road system
resulting from proposed plans associated with the interim use and associated traffic
movements and volumes in order to identify capacity deficiencies at affected
intersections and to help identify feasible solutions to the deficiencies.
3
17) Shall provide sanitary facilities for the site visitors. The use of and location of portable
chemical toilets must be reviewed and approved as a condition of approval of an
Agritainment use. The maintenance and use of chemical toilets shall be subject to the
following:
a. Shall be securely anchored to the ground to prevent tipping.
b. Shall be screened from public right-of-way and residential property with
landscaping.
c. Shall be serviced as operational plans require based on usage.
d. Only models designed to minimize the potential for spilling may be used.
e. Receipt of an annual license from the City's Planning Department. The license
shall be issued unless the conditions of approval of this section have been
violated. All license applications shall be accompanied by the following
information:
1. Name, address, and phone number of applicant(s).
2. Site plan showing proposed location of chemical toilet(s).
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of
any agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet(s) from all views into the property.
18) Uses may include activities accessory to the use of a working/active farm to provide
educational (farm tours, tractor display, produce harvesting, petting farm, etc.) and
recreational activities (hay rides, mazes, corn pit, pumpkin thrower, etc.) related to farm-
related agricultural operation. If there is a question as to whether or not a use meets the
definition, the Community Development Director shall make that interpretation.
Section 4. The Chanhassen City Code Article X, Agricultural Estate District, Section 20-576,
Interim Uses, is amended by adding the following use to the list of interim uses: Agritainment
Section 5. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this ___day of _____, 2021, by the City Council of the City
of Chanhassen, Minnesota
Laurie Hokkanen, City Manager Elise Ryan, Mayor
Published in the Chanhassen Villager on ______________)
g:\plan\2021 planning cases\21-13 degler farm center ord amendment and iup\ordinance.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2021-13
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use for an Agritainment use for 9111 Audubon Road.
2. Property. The permit is for the following described property ("subject property") in
the City of Chanhassen, Carver County, Minnesota:
See Exhibit A)
3. Conditions. The permit is issued subject to the following conditions:
Building:
a. Accessible parking shall be located on an improved, centralized, permanent surface and
shall be based on the maximum parking provided based on the rotational parking plan.
b. The use of structure shall comply with Building and Fire Code occupancy requirements.
Engineering:
a. All conditions set forth by Carver County shall be addressed by the applicant, and all
permits required shall be obtained prior to the commencement of Agritainment
operations.
b. The applicant shall provide an initial analysis of the “before” and “after” operational
traffic impacts to the abutting and surrounding road system resulting from proposed plans
associated with the Interim Use and associated traffic movements and volumes in order to
identify capacity deficiencies at affected intersections and to help identify feasible
solutions to the deficiencies prior to the commencement of any Agritainment operations.
c. Parking capacity shall be based on city standard parking lot layout.
Fire:
a. Any change in use of the current buildings on site, including the barn, will require it to
come up to full Code.
b. Corn/Straw Maze – any and all ignition sources will need to be a great distance away,
including open flame (recreational fire pits).
c. All vehicle parking and any sources of ignition, such as campfires and smoking, to be at
least 75 feet away at all times.
d. Emergency Responder access – will need to maintain emergency vehicle access to all
areas on site and entrance and egress. Will require proper road surface for emergency and
fire vehicles.
e. Will require a fire hydrant to be placed on site.
2
Planning:
a. The applicant must obtain all required State licensure and permits.
b. The Interim Use Permit (IUP) shall be approved for a period of five (5) years from the
date of City Council approval.
c. Buildings and use areas shall be as shown on the approved “site plan”. Additional use
areas or buildings shall require an amendment to the Interim Use Permit.
d. Sanitary facilities shall be provided for site visitors.
e. Must be in general conformance with the attached Exhibit B.
Water Resources:
a. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. These signposts would not impede the
applicant’s ability to use the site for agriculture. Precise amount and location of signage
can be determined when further plans are submitted and must be approved by the City’s
Water Resources Coordinator.
b. The applicant shall consider moving the eastern hayride route even further east, in order
to avoid driving through an agricultural wetland. The applicant can work with the City’s
Water Resources Coordinator to determine a more appropriate location.
c. The applicant shall show erosion and sediment controls on their permit submittal, or
provide justification for why erosion and sediment control measures are not necessary.
However, City staff believes that, due to the applicant’s proposed use of the site, in
particular, parking on agricultural fields, this site is at risk of increased dust control
issues. Staff feels that an erosion and sediment control plan be submittal which shows
dust control measures. Some other potential erosion and control measures the applicant
should consider includes perimeter controls to protect Bluff Creek and a restoration plan
for after the event ends, etc. Erosion and sediment controls will need to be approved by
City staff before the permit can be issued. The City retains the right to require further
erosion and sediment control measures if issues are identified after the IUP has been
approved and is underway.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction
has not been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this Interim Use Permit is a criminal
misdemeanor.
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Dated: July 26, 2021
CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2021, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
952) 227-1100
4
EXHIBIT A
To the following described Real Estate situated in Carver County, Minnesota.
A) The Northwest Quarter of the Southeast Quarter (NW¼ of SE¼ of Section 22, Township
116, Range 23, containing 40 acres of land, more or less.
B) Also, beginning at the post in South line of Northwest Quarter of Southeast Quarter (NW¼
of SE¼) Section 22, Township 116, Range 23, One (1) chain West from the Southeast (SE) Corner
of said Northwest quarter of Southeast quarter (NW¼ of SE¼); thence South 38½ dgs. West 2.38
chains; thence South 73 dgs. West 4.35 chains; thence South 36½ dgs. West 1.90 chains; thence
South 17½ dge. West 3.70 chains; thence North 82 dgs. West 1.50 chains to a point in North and
South middle line of Southwest quarter of Southeast quarter (SW¼ of SE¼); thence North along
said middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter
NW¼ of SE¼); thence East 10.00 chains to place of beginning, situated in East Half (E½) of
Southwest Quarter of Southeast Quarter (SW¼ of SE¼), Section 22, Township 116, Range 23,
containing 3.60 acres.
C) Also, Commencing at a post on center line of Section 22, Township 116, Range 23, which
post bears South 4.20 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter
Quarter post; thence North 44½ dgs. West 27.90 chains; thence East 15.32 chains; thence South
4.28 chains; thence East 4.28 chains to place of beginning, situated in Lot 2, Sec. 22, Township 116,
Range 23 and containing 17.37 acres, more or less.
D) Also, Beginning at the Quarter Section post on South line of Section 22, Township 116,
Range 23, running thence North along center line of said Section 20.00 chains to middle line of
Southeast quarter (SE¼) of said Section; thence East along said middle line 10.00 chains; thence
South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence
Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place
of beginning, containing 19 acres of land more or less, situated in West half of Southwest quarter of
Southeast quarter (W½ of SW¼ of SE¼) of Section 22, Township 116, Range 23.
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EXHIBIT B
Parking Size:
Location: Size (acres/sqft): Parking spaces
9ft x18ft):
Accessible
requirements:
Lot 1 .76 acres/33,105 ft2 82
Lot 2 .94 acres/40,724 ft2 120
Lot 3 2.25 acres/98,010 ft2
76 acres
93 acres
82 car capacity
120 car
capacity
1.75 acres
250 car
capacity
Parking Size/Capacity:
A one-acre parking lot with only lanes
and spaces could fit approximately
150 cars. Assuming we are going with
box (90 degree) parking, the
dimensions of the space required are
9-ft wide) (18-ft long + 26-ft travel
lane.) Shown on map are
approximate parking car capacities.
Parking Location:
The three lots are options shown as
rotational placements of parking.
Entrances/exits are from Audubon
Road and marked with dotted lines.
Expected Use:
In 2020, the most cars we had on the
premise was 25 cars parked at one
time (40 total on a Saturday). The
parking plan is meant to show we
have ample parking spaces.
Parking Surface/Erosion:
Parking Surface will be a permittable
fast growing alfalfa/grass mix. In the
unlikely event that erosion does
appear, affected area will be roped off
and fitted with erosion barriers. Lots
that do not survive winter freeze will
be replanted.
Accessible Parking:
Accessible parking locations will be
placed each year as needed in
locations in Green and follow
guidelines of size and quantity.
Lot 1
Lot 2
Lot
6
Locations:
Vendor Locations:
Vendor location options are shown in
locations marked as shown in red.
Chemical Toilet Locations (marked in
orange):
This location is not able to be seen
from outside the property.
Corn Maze Location:
Location of 2020/2021 corn maze is
shown below. Due to rotational
nature of crops, corn maze location
can change.
Corn Pit & Straw Bale Maze:
Location is shown in red.
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Hayride:
Hayride path is a loop that starts at
farm and travels through the back
pasture. It will start/end at the
farmyard. Hayride route will change
slightly based on crop rotation.
Trail Location:
CITY OF CHANHASSEN
PC DATE: July 6, 2021
CC DATE: July 26, 2021
REVIEW DEADLINE: August 3, 2021
CASE #: 2021-13
BY: RG, EH, DN, JR, JS, ET, MU
SUMMARY OF REQUEST: Consider a request to amend City Code Chapters 1 and 20 to
define "Agritainment"/"Agritourism"; Create Standards and Criteria for an Agritainment Use as
an Interim Use; Allow Agritainment Uses as an Interim Use in the Agricultural Estate District;
and Receive an Interim Use Permit for an Agritainment Use.
LOCATION: 9111 Audubon Road
APPLICANT: Applicant: Todd Degler
112131 Haering Lane
Chaska, MN 55318
Property Owner: Gayle Degler
541 Pine View Court
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District (A-2)
2040 LAND USE PLAN: Office Industrial
ACREAGE: 63.67 acres
LEVEL OF CITY DISCRETION IN DECISION-
MAKING:
The City has a relatively high level of discretion in approving zoning code amendments
because the City is acting in its legislative or policy-making capacity. A zoning code
amendment must be consistent with the City’s Comprehensive Plan.
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the Zoning Ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
The Chanhassen Planning Commission recommends City Council approve City Code
amendments to section 1-2, 20-251.5, and 20-576 regarding Agritainment; An Interim Use Permit
IUP) for Agritainment Use at 9111 Audubon Road;
And
Adopt of the Findings of Fact and Recommendation.”
Degler Farm Code Amendments and IUP
July 6, 2021
Page 2
PROPOSAL/SUMMARY
The applicant is proposing the creation of an Agritainment definition, use standards, creating an
interim use in the Agricultural Estate District and requesting an Interim Use Permit.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 2. Amendments
Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts
Chapter 20, Article IV, Div. 5. Interim Use Permits
Chapter 20, Article X, Agricultural Estate District, A-2
BACKGROUND
The applicant currently farms their property. They would like to create an Agritainment use as part of
their farming operation.
SITE CONSTRAINTS
Bluff Creek Corridor
This property is located within the Bluff Creek Overlay District (BCOD).
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect
the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of
careful site design and other low-impact practices. This parcel is partially encumbered by the
BCOD. Section 20-1255 of the Chanhassen City Code requires a conditional use permit for all
development within the Bluff Creek Corridor.
The Bluff Creek Corridor primary zone is located on the property. The Primary Corridor is
designated open space. All structures must meet a 40-foot structural setback from the Primary
Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed within
the first 20 feet of the Primary Corridor.
The proposed development shall not impact the BCOD. No grading or vegetative alterations shall be
permitted in the BCOD Primary Zone.
Wetland Protection
There is a wetland located on the property. The proposed development should not impact this
wetland.
Bluff Protection
There are bluffs on the property. The proposed development should not impact bluffs.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 3
Shoreland Management
The property is located within a shoreland protection district.
Floodplain Overlay
This property is not within a floodplain.
ZONING ORDINANCE AMENDMENT
Any approval by the City for development of the property must be consistent with the
Comprehensive Plan. The applicant has submitted the proposed changes to City Code. Staff will
prepare a strike-through and bold format to show our recommended changes.
Chapter 1
Section 1-2 Rules of Construction
Agritainment Agricultural, horticultural, or agri-business activity that allows organizations or
members of the general public, for the purpose of recreation, education or active involvement to
view, enjoy, or participate in rural activities of a farm or farm-related operation. Uses including corn
mazes, hayrides, pumpkin picking, corn pits, hill slides, pumpkin throwers, lookout towers, zip lines,
straw bale mazes, apple picking, play structures, antique tractor displays, sawmill demonstrations,
hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross
country skiing, mountain biking, sledding hills, are exhibited regardless of compensation.
Chapter 20, Zoning
Article IV, Division 3, Standards for Agricultural and Residential Districts
Sec. 20-251.5 - Agritainment.
The following conditions will apply to Agritainment activities:
1) The site must be zoned Agriculture “A-2”. Plans shall be required showing the location of
all improvements, structures or proposed activity areas.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 20 acres.
4) The site must have 25% of its land being used as “agriculture” as defined in Sec. 1-2. “Rules
of construction and definitions”.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 4
5) All structures, parking, and storage areas must be set back 50 feet from public or private
rights-of-way, and 300 feet from any adjacent single-family residences or a minimum of 50
feet from a side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking
areas shall be limited to on-site parking. Accessible parking shall be shown on the plans
and must be on an accessible surface. The number of accessible spaces shall be based
on the maximum parking capacity.
7) The maximum number of persons to be using the facility at any one time needs to be tied in
the application permit or tied to 80% parking capacity as outlined in the permit plan. This
allows variations of seasonal activities layouts.
8) Accessory agriculture Buildings used for Agritainment events must meet existing building
code. , or be approved by the city engineering department prior to use. Intent is to allow
provision for use of existing agriculture building where special building use is requested.
Building requirements shall be based on occupancy.
9) Hours of operation shall be from 8:00 a.m. to 9:00 p.m.
10) Retail sales shall be limited to Agritainment-related items. This includes, but is not limited
to, items that can be produced locally or grown on site, such as produce, honey, sweet corn,
pumpkins, gourds as well as non-edible items such as products and crafts produced or
manufactured on -site, such as wood slabs, benches and birdhouses. Retail items promoting
the establishment with its name are permitted.
11) All animals must comply to section 20-264 –(10) “Petting farms”
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 even, 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.
13) Parking screening is required within 50 feet of a residence.
14) Proof of insurance must be provided in permit plan.
15) Rules for vendors – Location of vendors to be identified on site plan.
16) The applicant shall include erosion and sediment controls on the permit submittal or
provide justification for why erosion and sediment control may not be necessary. In
addition, if City staff identify that erosion and sediment control issues are created or
persist during the duration of the IUP, the City can require subsequent erosion and
Degler Farm Code Amendments and IUP
July 6, 2021
Page 5
sediment control measures to mitigate against these issues. All appropriate temporary
erosion and sediment control measures shall be maintained by the owner until permit is
closed out.
17) Agritainment Interim Use sites are required to provide an initial analysis of the
before” and “after” operational traffic impacts to the abutting and surrounding road
system resulting from proposed plans associated with the Interim Use and associated
traffic movements and volumes in order to identify capacity deficiencies at affected
intersections and to help identify feasible solutions to the deficiencies.
18) Shall provide sanitary facilities for the site visitors. The use of and location of portable
chemical toilets must be reviewed and approved as a condition of approval of an
agritainment use. The maintenance and use of chemical toilets shall be subject to the
following:
a. Shall be securely anchored to the ground to prevent tipping.
b. Shall be screened from public right-of-way and residential property with
landscaping.
c. Shall be serviced at least weekly.
d. Only models designed to minimize the potential for spilling may be used.
e. Receipt of an annual license from the City's Planning Department. The license
shall be issued unless the conditions of approval of this section have been
violated. All license applications shall be accompanied by the following
information:
1. Name, address, and phone number of applicant(s).
2. Site plan showing proposed location of chemical toilet(s).
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of any
agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet(s) from all views into the property.
Article X, Agricultural Estate District
Section 20-576, Interim Uses
Add: Agritainment
SURROUNDING ZONING AND USES
The property to the west is in the city of Chaska. Two single-family homes are located to the west of
the site. The Preserve at Bluff Creek is located to the east across Bluff Creek. Liberty at Bluff
Degler Farm Code Amendments and IUP
July 6, 2021
Page 6
Creek is located to the south of the site. The Bluff Creek Primary Corridor wraps around the
southern and eastern portions of the property.
INTERIM USE PERMIT
The applicant is requesting an interim use permit for Agritainment use of the property.
ACCESS
Access to the property is from Audubon Road (County Road 15). All conditions set forth by Carver
County shall be addressed by the applicant, and all permits required shall be obtained prior to the
commencement of Agritainment operations. The applicant shall provide an initial analysis of the
before” and “after” operational traffic impacts to the abutting and surrounding road system
resulting from proposed plans associated with the interim use and associated traffic movements and
volumes in order to identify capacity deficiencies at affected intersections and to help identify
feasible solutions to the deficiencies prior to the commencement of any Agritainment operations.
ANALYSIS
The Engineering Department has reviewed the IUP and Ordinance amendment submittal for 9111
Audubon Road (Degler Farm Center). These comments are divided into two categories: general
comments and proposed conditions. General comments are informational points to guide the
applicant in the proper planning of public works infrastructure for this proposal, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Engineering and Public Works recommend to be formally imposed
on the submittal in the final order. Note that references to the “City Standards” herein refer to the
City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the purpose of
determining their feasibility and providing utility and transportation facilities for the IUP in
accordance with City Standards. A recommendation of IUP approval does not constitute
final approval of details, including but not limited to alignments, materials and points of
access, connection or discharge, that are depicted or suggested in the application. The
applicant is required to submit updated plans for the project, as applicable. The City of
Chanhassen Engineering and Public Works Departments will review plans, in detail, when
they are submitted and approve, reject or require modifications to the plans or drawings
based upon conformance with City Standards, the Chanhassen Code of Ordinances and the
professional engineering judgment of the City Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP can be developed in
accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to
Engineering and Public Works requirements) and City Standards, provided it fully addresses
the comments and conditions contained herein, and can be approved.
3. The applicant is proposing; (a) to amend Ordinance to define “Agritainment”/”Agritourism”;
b) create standards and criteria for an Agritainment use as an Interim Use; (c) allow
Degler Farm Code Amendments and IUP
July 6, 2021
Page 7
Agritainment uses as an Interim Use in the Agricultural Estate District; and (d) receive an
Interim Use Permit (IUP) for an Agritainment Use on Property Located at 9111 Audubon
Road (Degler Farm Center).
a. The applicant has provided proposed language for the definition of Agritainment.
The definition has no direct impact on public infrastructure (sanitary sewer, storm
sewer, water, transportation, etc.) and as such, Engineering and Public Works have no
comments or associated conditions.
b. The applicant has provided proposed criteria for an Agritainment Interim Use. None
of the criteria proposed addresses the potential impact Agritainment activities may
have on the abutting and surrounding road networks in which ingress/egress to the
site is had from. It is the judgement of the Engineering and Public Works
departments that an Agritainment Interim Use site would increase traffic volumes to
and from the site as the activities differ from that of typical agricultural sites. Based
on the proposed definition, any proposed Agritainment Interim Use site could offer
recreational activities and amenities that generate larger volumes of traffic throughout
the year such as zip line courses, hay rides, and outdoor recreational activities, than
are commonly associated with typical agricultural uses. In order for staff to evaluate
the traffic impacts of any potential Agritainment Interim Use site, an initial
assessment of expected traffic volumes must be provided in order for staff to assess if
the abutting and surrounding road network can facilitate the expected increase in
traffic. See proposed condition 1.
c. The applicant has proposed that Agritainment be authorized through an Interim Use
in the Agricultural Estate District. Engineering and Public Works departments agree
that the Interim Use is the correct mechanism for Agritainment, and have no
additional comments or associated conditions.
d. The applicant has proposed that an Agritainment Interim Use be approved for 9111
Audubon Road (Degler Farm Center). Degler Farm abuts Carver County right-of-
way. See proposed condition 2. It is the opinion of the Engineering and Public Works
departments that the proposed IUP for Degler Farm Center can be approved provided
it fully addresses the comments and conditions provided by the Engineering and
Public Works departments. As the proposed Ordinance has yet to be adopted, see
proposed condition 3.
e. Parking capacity shall be based on the city standard parking lot layout. (18-foot deep
x 9-foot stall width with a 26-foot, two-way drive aisle.)
The Water Resources Department has reviewed the IUP and Ordinance amendment submittal for
9111 Audubon Road (Degler Farm Center). These comments are divided into two categories:
general comments and proposed conditions. General comments are informational points to guide the
applicant in the proper planning of public works infrastructure for this proposal, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Water Resources recommends to be formally imposed on the
submittal in the final order.
General Comments/Findings
Degler Farm Code Amendments and IUP
July 6, 2021
Page 8
1. Any and all plans submitted with this application have been reviewed only for the purpose of
determining their feasibility and their impact on water resources issues for the IUP in
accordance with City Standards. A recommendation of IUP approval does not constitute
final approval of details. The applicant is required to submit updated plans for the project, as
applicable. The City of Chanhassen Water Resources department will review plans, in detail,
when they are submitted and approve, reject or require modifications to the plans or drawings
based upon conformance with City Standards, the Chanhassen Code of Ordinances and the
professional judgment of City Staff.
2. It is the opinion of the Water Resources department that the proposed IUP can be developed
in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to
Water Resources requirements) and City Standards, provided it fully addresses the comments
and conditions contained herein, and can be approved.
3. The applicant is proposing; (a) to amend Ordinance to define “Agritainment”/”Agritourism”;
b) create standards and criteria for an Agritainment use as an Interim Use; (c) allow
Agritainment uses as an Interim Use in the Agricultural Estate District; and (d) receive an
Interim Use Permit for an Agritainment Use on Property Located at 9111 Audubon Road
Degler Farm Center).
a. The applicant has provided proposed language for the definition of Agritainment.
The definition has no direct impact on water resources (wetlands, storm sewer,
shoreland, etc.) and as such Water Resources has no comments or associated
conditions.
b. The applicant has provided proposed criteria for an Agritainment Interim Use. There
does not appear to be any language in this criteria related to erosion and sediment
control. With the interim use of Agritainment, there is an increased risk of erosion
and sediment leaving a site due increased car/traffic on exposed soils/bare ground,
increased dust creation, etc. The Water Resources department proposes that language
be added to require the applicant to include erosion and sediment controls on the
permit submittal, or for the applicant to provide justification for why erosion and
sediment control may not be necessary. In addition, the City should maintain the right
to require erosion and sediment control if issues are identified after permit has been
approved and the IUP is underway. Language to include can be found in condition 1
below.
c. The applicant has proposed that Agritainment be authorized through an Interim Use
in the Agricultural Estate District. Water Resources agrees that the Interim Use is the
correct mechanism for Agritainment, and has no additional comments or associated
conditions.
d. The applicant has proposed that an Agritainment Interim Use be approved for 9111
Audubon Road (Degler Farm Center). In general, the proposed IUP and its
subsequent uses will not greatly affect water resources issues. However, the southern
half of the Degler Farm property exists within the Bluff Creek Overlay District. The
Bluff Creek Overlay District (BCOD) exists to protect the Bluff Creek corridor,
wetlands, bluffs, and significant stands of mature trees through the use of careful site
design, protective covenants, sensitive alignment and design of roadways and
utilities, incorporation of natural features, landscaping, techniques outlined in the
city’s surface water management plan, and the practices delineated in the city’s
surface water management plan. As part of the development of the District, City staff
Degler Farm Code Amendments and IUP
July 6, 2021
Page 9
have created a signpost that reads “BCOD Conservation Area.” This signpost serves
to educate the public about where the District exists and delineates the boundary of
the District. While the applicant is not proposing any development or increased hard
cover within the District, the applicant is proposing to incorporate a hayride that
would be partially within the BCOD. City staff feels that this is an ideal scenario to
incorporate the BCOD Conservation Area sign posts. See condition 2 below. In
addition, the applicant is proposing a hayride route that appears to cut through an
agricultural wetland on the eastern side of the route. While this is not considered a
wetland impact, the applicant should consider moving the eastern side of the route
even further east, in order to avoid driving equipment/tractors through the wetland.
See condition 3 below. Lastly, temporary erosion and sediment control measures
should be included with the permit submittal. These measures include, but are not
limited to, perimeter controls to protect Bluff Creek, dust control, restoration after the
event ends, etc. The applicant will need to include these erosion and sediment control
measures on their permit submittal or provide justification for why erosion and
sediment control is not necessary on this site. See condition 4 below.
MISCELLANEOUS
The IUP shall be approved for a period of five (5) years from the date of City Council approval. The
applicant will need to request a formal extension 60 days prior to the expiration date of the IUP.
This timeframe shall allow for the use to get established on the site and the City to evaluate the
impact of the use on the community.
Section 20-323. – Termination.
An interim use permit (IUP) shall terminate on the happening of any of the following events,
whichever first occurs:
1) The date stated in the permit;
2) Upon violation of conditions under which the permit was issued;
3) Upon change in the city’s zoning regulations which renders the use nonconforming;
4) Upon the subdivision of the property or the alteration of the lot lines of the property.
Any change in use of the current buildings on site, including the barn, will require it to come up to
full Code. This will invoke MN Statute 1306, which will require the buildings to be fitted with a Fire
Suppression System and Fire Alarm System to monitor the Suppression System. We would also
need to address egress, exit and emergency lighting, door hardware, fire-rated construction, and
many other fire code-related items when it comes to change in use and access to the general public.
This includes bringing people through and any access or use of an observation tower. Tower will
need to be built to current Code.
Safety concerns with the items on site such as: pumpkin canons, pumpkin catapult, zip lines, swings,
etc. Who will be verifying that these items are built to Code for use by the general public and any
resulting dangers for use? Department of Labor and Industry may be responsible for overseeing
licensing for these items.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 10
Corn/Straw Mazes – any and all ignition sources will need to be a great distance away, including
open flame (recreational fire pits). Corn/straw mazes are highly combustible and can trap people
inside if a fire develops. Some research into history of corn maze fires states all vehicle parking and
any sources of ignition, such as campfires and smoking, to be at least 75 feet away at all times.
Emergency Responder access – will need to maintain emergency vehicle access to all areas on site
and entrance and egress. Will require proper road surface for emergency and fire vehicles. Possible
vehicle turnaround area depending on distances.
Will require a fire hydrant to be placed on site.
Language stating use of Agricultural Buildings Sec 20 #8 Stating “Accessory Agriculture buildings
used for Agritainment Events must meet existing Building Code, or be approved by the City’s
Engineering department prior to use. Intent is to allow provision for use of existing agricultural
buildings where special building use is requested.” This language would not be sufficient to address
buildings on site for use for events. Existing buildings will more than likely change in occupancy
type for this type of business, which will require both the Fire Marshal and Building Official to
confirm use, occupancy type, and applicable codes for public use. A full architectural analysis would
be required into items such as: fire safety, egress, structural integrity, use and occupancy type, as
well as many other applicable codes. Special permission will not be given to leave existing buildings
as is” for use in Agritainment activities.
PERMITS
Permits from the appropriate regulatory agencies must be obtained; including but not limited to the
Minnesota Department of Labor and Industry, Minnesota Agricultural Department, Minnesota
Pollution Control Agency, Riley Purgatory Bluff Creek Watershed District and Carver County.
Carver County Public Works staff requested the applicant submit general traffic information about
the proposed use including the expected average daily traffic using the site and the peak hour or at a
minimum the peak daily traffic expected.
This information will be a starting point for Carver County’s review in order to make any
determinations regarding related event traffic control measures and/or access improvement needs.
UTILITIES
City utilities are available to the property. Water is located in Audubon Road. Sewer is located in
Lyman Boulevard and at the northeast corner of the property. However, none have been extended
into the interior of the site.
Sanitary facilities shall be provided for use of the visitors to the site. Such use shall comply with
Building Code or meet the requirements for chemical toilets spelled out in the Agritainment
Standards.
RECOMMENDATION
Degler Farm Code Amendments and IUP
July 6, 2021
Page 11
Staff recommends that the Planning Commission recommend approval of the amendments to
Chapters 1 and 20 regarding Agritainment uses and the Interim Use Permit to permit the
Agritainment use on the property subject to the following conditions:
Code Amendments:
Revise per staff recommendations.
Interim Use Permit
Building:
1. Accessible parking shall be located on an improved, centralized, permanent surface and shall
be based on the maximum parking provided based on the rotational parking plan.
2. The use of structure shall comply with Building and Fire Code occupancy requirements.
Engineering:
1. All conditions set forth by Carver County shall be addressed by the applicant, and all permits
required shall be obtained prior to the commencement of Agritainment operations.
2. The applicant shall provide an initial analysis of the “before” and “after” operational traffic
impacts to the abutting and surrounding road system resulting from proposed plans
associated with the interim use and associated traffic movements and volumes in order to
identify capacity deficiencies at affected intersections and to help identify feasible solutions
to the deficiencies prior to the commencement of any Agritainment operations.
3. Parking capacity shall be based on city standard parking lot layout.
Fire:
1. Any change in use of the current buildings on site, including the barn, will require them to be
brought up to full Code.
2. Corn/Straw Maze – any and all ignition sources will need to be a great distance away,
including open flame (recreational fire pits).
3. All vehicle parking and any sources of ignition, such as campfires and smoking, shall be at
least 75 feet away at all times.
4. Emergency Responder access – will need to maintain emergency vehicle access to all areas
on site and entrance and egress. Will require proper road surface for emergency and fire
vehicles.
5. Will require a fire hydrant to be placed on site.
Planning:
1. The applicant must obtain all required state licensure and permits.
2. The Interim Use Permit shall be approved for a period of five (5) years from the date of City
Council approval.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 12
3. Buildings and use areas shall be as shown on the approved “site plan”. Additional use areas
or buildings shall require an amendment to the Interim Use Permit.
4. Sanitary facilities shall be provided for site visitors.
5. Site shall be open for inspections by City staff with advanced notice.
Water Resources:
1. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. These signposts would not impede the
applicant’s ability to use the site for agriculture. Precise number and location of signage can
be determined when further plans are submitted and must be approved by the City’s Water
Resources Coordinator.
2. The applicant shall move the eastern hayride route even further east, in order to avoid driving
through an agricultural wetland. The applicant can work with the City’s Water Resources
Coordinator to determine a more appropriate location.
3. The applicant shall show erosion and sediment controls on their permit submittal, or provide
justification for why erosion and sediment control measures are not necessary. However, City
staff believes that, due to the applicant’s proposed use of the site, in particular parking on
agricultural fields, this site is at risk of increased dust control issues. Staff feels that an
erosion and sediment control plan be submitted which shows dust control measures. Some
other potential erosion and control measures the applicant should consider includes perimeter
controls to protect Bluff Creek and a restoration plan for after the event ends, etc. Erosion
and sediment controls will need to be approved by City staff before the permit can be issued.
The City retains the right to require further erosion and sediment control measures if issues
are identified after the IUP has been approved and is underway.
4. No grading or vegetative alterations shall be permitted in the BCOD Primary Zone.
And
Adopt the Findings of Fact and Recommendation.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Objective
4. Narrative & Site Plan
5. Presentation
6. Public Hearing notice and mailing list
g:\plan\2021 planning cases\21-13 degler farm center ord amendment and iup\staff report degler farm.docx
J
4
CITY OF CHANHASSEN
CARVER AND HENNEPN COI.JNTIES, MINNESOTA
FINDINGS OF FACT AND
RECOMMENDATION
IN RE:
Application of Todd Degler and Gayle Degler for an Interim Use Permit to operate an Agritainment
business.
The property is currently zoned Agricultural Estate District, A-2.
The property is guided by the Land Use Plan for Office Industrial use.
The legal description ofthe property is: See Exhibit A.
Section 20-232:
The proposed use will not be detrimental to but will enhance the public health, safety,
comfort, convenience or general welfare ofthe neighborhood or the city by providing a
unique experience.
The proposed use will be consistent with the objectives ofthe City's Comprehensive Plan
and the zoning ordinance by meeting the standards of each.
The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character ofthe general vicinity
and will not change the essential character of that area. The use will be buffered from
adjacent properties and will preserve the Bluff Creek Primary Zone.
The proposed use will not be hazardous or disturbing to existing or planned neighboring
uses.
The proposed use 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 ofthe
proposed use.
The proposed use will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community.
The proposed use will not involve uses, activities. processes, materials, equipment and
conditions ofoperation that will be detrimental to any persons, property or the general
welfare because ofexcessive production oftraffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
b
c
d
e
f.
On July 6,2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application ofTodd Degler and Gayle Degler for an Interim Use Permit for
the property located at 9l I I Audubon Road (County Road I 5). The Planning Commission
conducted a public hearing on the proposed conditional use was preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak and
now makes the following:
FINDINGS OF FACT
I
h. The proposed use will have vehicular approaches to the property which do not create
tralfic congestion or interfere with trafYic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
L The proposed use will meet standards prescribed for certain uses as provided in Chapter
20, Article IV of the City Code.
The Planning Commission shall recommend an Interim Use Permit and the City Council
shall issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards ofa conditional use permit set forth in section 20-232 of
the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the public
to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
The planning repora #2021-13 dated July 6, 2021, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Interim Use Permit
subject to the conditions ofthe staff report.
ADOPTED by the Chanhassen Planning Commission this 6th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:/ tt /rt
Seren"We , Cnai.-a,
6.
EXHIBIT A
To the following described Real Estate situated in Carver County, Minnesota.
A) The Northwest Quarter of the Southeast Quarter (NW% of SE% of Section 22, Township
I 16, Range 23, containing 40 acres of land, more or less.
B) Also, beginning at the post in South line of Northwest Quarter of Southeast Quarter (NW%
ofSE%) Section 22, Township I16, Range 23, One (l) chain West from the Southeast (SE) Corner
of said Northwest quarter of Southeast qua(er (NWVt of SEVa); thence South 38% dgs. West2.38
chains; thence South 73 dgs. West 4.35 chains; thence South 36% dgs. West 1.90 chains; thence
South l7% dge. West 3.70 chains; thence North 82 dgs. West 1.50 chains to a point in North and
South middle line of Southwest quarter of Southeast quarter (SWIA of SEt/o); thence North along said
middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter (NW% of
SE%); thence East 10.00 chains to place ofbeginning, situated in East Half (E%) of Southwest
Quarter of Southeast Quarter (SWV, of SEVa), Section 22, Township I 16, Range 23, containing 3.60
acres.
C) Also, Commencing at a post on center line of Section 22, Township I 16, Range 23, which
post bears South 4.20 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter
Quarter post; thence North 44% dgs. West 27.90 chains; thence East 15.32 chains; thence South 4.28
chains; thence East 4.28 chains to place ofbeginning, situated in Lot 2, Sec. 22, Township I16,
Range 23 and containing 17.37 acres, more or less.
D) Also, Beginning at the Quarter Section post on South line ofSection 22, Township I16,
Range 23, running thence North along center line of said Section 20.00 chains to middle line of
Southeast quarter (SE%) ofsaid Section; thence East along said middle line 10.00 chains; thence
South parallel with first mentioned line I 5.75 chains to a point in the center of a creek; thence
Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place
ofbeginning, containing l9 acres of land more or less, situated in West halfof Southwest quarter of
Southeast quarter (W% of SW% of SE%) of Section 22, Township I16, Range 23.
J
COMi'UNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1100 I Fax: (952) 227-1110
CffiOTCHAI{HASSXI{
APPLICATION FOR DEVELOPMENT REVIEW
suomittaroate:L lq l?/ ,co".J lt, l>t cc oate,]-.1h,(p-..1f,11 oo-oay Review oate:?/3 / a{
Section 1: Application Type (check all that apply)
Refer to lhe appn iate Application Checklist lor required
Comprehensive Plan Amendment......................... $600
E Minor MUSA line for failing on-site sewers..... $100
E Conditional Use Permit (CUP)
E Single-Family Residence ................................ $325
E Att others...... .. ................... M25
E lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325
E A Others...... ......................$425
E Rezoning (REz)
E Planned Unit Development (PUD).................. 5750
E MinorAmendment to existing PUD................. $100EAtlOthers...... ...................... $500
E Sign Plan Review.................................................$150
E Site Ptan Review (SPR)
E Administrative ..................... $100
E Commercial/lndustrial Districtst........... .......... $500
Plus $10 per 1,000 square feet of building area:(
thousand square feet)
lnclude number ot gllglDg employees:
submiltal inlomation that must a@ompany this application)
E subdivision (suB)
E Create 3lots or |ess.......
E a;;;i; ;,;' 3 r"ia.-...... ...
tr
tr
tr
tr
lots)
tvtetes & Bounds (2 lots).................
E Consolidate 1ots.....................
E Lot Line Adjustment...................
E Final P|at......................
lncludes $450 escrow for attorney costs)'
Additional escrove may be required for other applications
through the developmeri contrad.
Vacation of Easements,/Rig ht-of-way (VAC)
Additional recording tu€s may apply)
Variance (VAR) . .
Wetland Alteration Permit (WAP)
E Single-Family Residence.......................
E Att others......
Zoning Appeal.....
300
200
150
275
100
500
lnclude number ot @W employees:
E ResidentiarDistricts-.... .. - -------Jsoo !rlE**;ffiH*l'til3lf:ffi[,tffi,HilT"','
Plus $5 per dwelling unit ( units)
@ Zoning Ordinance Amendment (ZOA)
Property Owners' List within 500' lCity to generate afrer pre.application meeting) ...................(
addresses)
A-
Y
E Escrow for Recording Documents (check all thatepply)...........
E conditional Use Fermit E[ lnterim Use Permit
fl vacation E Variance
E Metes & Bounds Subdivision (3 docs.) E Easements L- easements)
3 per address
50 per document
E Site Plan Agreement
E Wetland AlterationPermitEDeeos
TOTAL FEE:
1
Description of Proposal: . Create a new derinition in the city code - "Agritainmenf
Create criteria for what defines and is allowed in an Agritainment permit & lUP.
91 1 1 Audubon Road, Chanhassen, MN 5S17
Section 2: Required lnformation
Property Address or Location
Parcel #: 25O22OAOO
Total Acreage:
Present zoning
Wetlands Present?
Agricultural Estate District (A2)
1s1;6n Agriculture
ves!Ho
Requested Zoning Select One
Present Land Use Desig
Existing Use of Property:
Requested Land Use Designation Select One
Farming
Echeck box if separate narrative is attached
Legal Description:
Section 3: Property Owner and Applicant lnformation
ToddDeglerName
Address 112131 Haering Lane
Contact
Phone:(952) 221-2819
City/State/Zip
Email:todddegler@gmail.com
Chaska Cell:
Fax:
Date
Cell:
Fax:
Date
Cell
Fax
sig n",rr". Todd Degler Ogiarv s9n6d by Todd O69rt
Dar.2@160716@8.050q 6n121
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name Gayle Degler Contact
Phone:Address
g1 Pine View Court (952) 403-7047
ChanhassenCity/State/Zip:
Email:gdeglerl @gmail.com
sig n"1rr". Gayle Degler oniMr ogEd b, G.yL 069br
0d.2021607r60a26{6!0 6n t2'l
PROJECT ENGINEER (if applicable)
Name:
Address
Contact:
Phone:
City/State/Zip
Email:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before liling this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of applicetion.
Who should receive copies of staff reports?'Other Contact lnformation:
I Maited Paper Copy
I Maited Paper Copy
E ttitaitea Paper Copy
E ruaiteo Paper Copy
City/State/Zip
Email:
E Email
E Email
E Email
E Email
Name
tr
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FoRM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing
SAVE FORM PRIMT FORM SUBMIT FORM
APPLICANT OTHER THAN PROPERW OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, sub.iect only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Section 4: Notification lnformation
Property Owner Via:
Applicant Ma:
Engineer Ma:
Othef Ma:
Address'
Objective:
Create a new definition in the city code - “Agritainment”
Create criteria for what defines and is allowed in an Agritainment permit.
Amend city code to include Agritainment as a New Interim Use for the “A-2” district.
For use in Chapter 1 of city code:)
Definition – Agritainment Agricultural, horticultural, or agri-business activity that allows
organizations or members of the general public, for the purpose of recreation , education
or active involvement to view, enjoy, or participate in rural activities of a farm or farm
related operation. Uses include corn mazes, hay rides, pumpkin picking, corn pits, hill
slides, pumpkin throwers, lookout towers, zip lines, straw bale mazes, apple picking,
play structures, antique tractors displays, saw mill demonstrations, hay stacks, kiddie
trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross country
skiing, mounting biking, sledding hills, axe throwing, archery stand, are exhibited
regardless of compensation.
Sec. 20-xxx - Agritainment.
The following conditions will apply to Agritainment activities.
1) The site must be zoned Agriculture “A-2”.
2) The site must be on and have access to a collector or minor arterial road.
3) The minimum lot size shall be 20 acres.
4) The site must have 25% of its land being used as “agriculture” as defined in Sec. 1-2.
Rules of construction and definitions”
5) All structures and storage areas must be set back 50 feet from public or private rights-of-
way, and 300 ft from an adjacent single-family residences or a minimum of 50 feet from a
side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking
areas shall be limited to on-site parking.
7) The maximum number of persons to be using the facility at any one time needs to be tied in
the application permit or tied to 80% parking capacity as outlined in the permit plan. This
allows variations of seasonal activities layouts.
8) Accessory agriculture buildings used for Agritainment events must meet existing building
and fire code. Intent is to allow provision for use of existing agriculture building where
special building use is requested.
9) Hours of operation shall be from 8:00 a.m. to 9:00 PM.
10) Retail sales shall be limited to Agritainment related items. This includes but not limited
to, items that can be produced locally or grown on site, such as produce, honey, sweet corn,
pumpkins, gourds as well as non-edible items such as products and crafts produced or
manufactured on site, such as wood slabs, benches, birdhouses. Retail items promoting the
establishment, with its name are allowed.
11) All animals must comply to section 20-264 –(10) “Petting farms”
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.
13) Parking screening is required when within 50 ft of a residence.
14) Proof of Insurance must be provided in permit plan.
15) Rules for Vendors – Location of vendors to be identified on site plan.
Degler Farm Narrative & site plan
Brief Background:
Degler Farm has an extensive background in farming and educational teaching. Family founded by
multi- generational elementary and high school educators; Degler Farm has a passion for educating
youth. Our mission is to educate local youth on the operation, economics, and future of agriculture. In
this spirit, Degler Farm would like to be more community facing through the growing area of
Agritainment. We want to bring our passion for education and combine it with farm friendly activities.
This “outside the classroom” learning on the farm is not only instructive, but fun. We see it as another
yet another way to reach our neighbors and local community.
Activity: Description: Education component:
Hay rides -Give participants a ride on a
tractor pulled wagon.
Local farm history in Chanhassen
Tree identification
Corn Maze -Participants walk through a
corn cut maze
How corn is grown
Corn Pit -Area of shelled Corn for play What shelled corn looks like –
differences between sweet corn and
field corn.
Straw Bale Maze -Smaller kid size maze What is straw?
Pumpkin Picking -Pick your own Crop rotation and plant care
Antique Tractor
Displays
Outdoor tractor displays Evolution of the farm tractor.
Snowshoeing -Snowshoeing Outdoor fitness & nature etiquette,
animal tracking
Other activities:
Hill slides, pumpkin throwers, lookout towers, zip lines, apple picking, saw mill demonstrations,
hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, archery stands, axe throwing
maple syrup harvesting, cross country skiing, mounting biking, sledding hill, hiking trails.
Parking Size:
76 acres
92 acres
114 car capacity
138 car
capacity
2.25 acres
335 car
capacity
Parking Size/Capacity:
A one acre parking lot with
only lanes and spaces could fit
approximately 150 cars.
Assuming we are going with
box (90 degree) parking, the
dimensions of the space
required to park two cars is
504 (9 feet wide)(17.5 feet long
21 foot travel lane + 17.5 foot
space) square feet. Shown on
map are approximate parking
car capacities
Parking Location:
The 3 lots are options shown
as rotational placements of
parking. We will still farm the
acres and plant a permeable
tough alfalfa grass mix which
has deeper root base, tough
enough for driving over.
Entrances/exits are from
Audubon Road and marked
with dotted lines.
Expected Use:
In 2020 the most cars we had on
the premise was 25 cars parked at
1 time. (40 on a Saturday)
Lot 1
Lot 2
Lot 3
Locations:
Vendor Locations:
Vendor location options are shown
in locations marked as shown in
red.
Corn maze Location:
Location of 2020/2021 corn maze
is shown below. Due to rotational
nature of crops, corn maze
location can change.
Corn pit & straw bale maze
Location is shown in red.
Hay Ride:
Hay Ride path is a loop that starts
at farm and travels through the
back pasture. It will start/end at
the farm yard. Hay ride route will
change slightly based on crop
rotation. Cross country skiing,
hiking, and biking will utilize same
trail.
Trail Location:
Other Locations:
Sledding Hill/Hill Slides:
Marked in Red/shaded area
Zip line:
Marked in Red line
Proof of Insurance:
Farm Bureau – Policy number: 0000081422
Eff: June 2020.
Termination Date:
Interim Use Permit will terminate when the
property is developed.
Degler Farm
May 2021
Why are we here?
Covid made people find local fall activities.
We saw an increase in our fall activities.
We want add to our activity list, but discovered these activities are not addressed
by current city code.
Create a new definition in the city code -“Agritainment” / “Agritourism”
Create criteria for what defines and is allowed in an Agritainment permit.
Amend city code to include Agritainment as a New Interim Use for the “A-2” district.
Outcomes:
Background:
9111 Audubon Rd,
Chanhassen, MN 55317
Notable Events
2005
1990
1972
1947 Dean & Lois Degler start their life together
milking dairy cows
Degler Farm hosts school tours from St.
Louis Park.
Begin Pumpkin sales
Active in local 4-H clubs and schools tours
Transition from a dairy farm to a crop
production specializing in blended horse
feed, corn, soybeans.
Meet Degler Farm!
5th Generation Family Farm
2018 First hayrides.
2019 Create first Corn Maze, Hayrides, corn pit
Degler Farm
Agritainment activities
CornMazeHayrides
Pumpkins for everyone
Degler Farm
Agritainment activities
Gravity Box Basketball
Pumpkins, Corn Pit,
Hayride
Youth Groups
Call To action
Work with city to create new ordinance as soon as
possible
7
THANK YOU!
Google Reviews
4.8 of 5 Stars
SW news article -2019
Local, family-owned, and family-friendly! This place is a hidden gem and our group of 4 20-somethings had a BLAST! The farm has so many fun
attractions -we did them all over the span of about 2 hours and highly recommend that you try them all as well to get the most out of your
experience! The owners are incredibly kind and welcoming, and so fun to chat with. See you again next year -Abbi
Today I went with my boyfriend, my friend, and my sister to visit on our shared day off, and boy was it a treat. The place wa s great, the owners
very friendly, and the weather worked out (as it is, of course, something they control). I like laying siege to a hillside using a cannon and trebuchet
the superior weapon). Unfortunately, I could not launch my friend Cameron into the abyss below. Overall great time, and I go t a free pumpkin for
stopping by, which made the day better. Will stop back next year they are open, thanks, Degler (times like, 8 of them)! -Dominic
We had a fantastic experience! The space is smaller and intimate, run by a family. You can feel the love that went into creat ing this place.
Would definitely go back! -Malana
We had a great time here today. The hay ride was excellent. Such a
beautiful property. -Jason
Wonderful place! Most fun I’ve had with my kids! They loved it there! 100%
Recommendation! -Jesse
I launched a pumpkin really, really far (like really far), it was really fun. I'll make sure to visit every
year, and the wife was a fan too! -Dom
Definition –Agritainment
Agricultural, horticultural, or agri-business activity that allows
organizations or members of the general public, for the purpose of
recreation, education or active involvement to view, enjoy, or
participate in rural activities of a farm or farm related operation.
Uses include corn mazes, hayrides, pumpkin picking, corn pits, hill
slides, pumpkin throwers, lookout towers, zip lines, straw bale
mazes, apple picking, play structures, antique tractors displays, saw
mill demonstrations, hay stacks, kiddie trains, animal rides, sleigh
rides, snowshoeing, maple syrup harvesting, cross country skiing,
mounting biking, sledding hills, are exhibited regardless of
compensation.
Sec. 20-xxx -Agritainment
The following conditions will apply to Agritainment activities.
1) The site must be zoned Agriculture “A-2”.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 10 acres.
4) The site must have 20% of its land being used as “agriculture” as defined in Sec. 1 -2. “Rules of construction and definitions ”
5) All structures and storage areas must be set back 50 feet from public or private rights -of-way, and 300 ft from an adjacent
single-family residences or a minimum of 50 feet from a side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking areas shall be limited to on -site
parking.
7) The maximum number of persons to be using the facility at any one time needs to be tied in the application permit or tied to
80% parking capacity as outlined in the permit plan. This allows variations of seasonal activities layouts.
8) Accessory agriculture buildings used for Agritainment events must meet existing building code, or be approved by the city
engineering department prior to use. Intent is to allow provision for use of existing agriculture building where special buil ding
use is requested.
9) Hours of operation shall be from 8:00 a.m. to half hour after sunset.
10) Retail sales shall be limited to Agritainment related items.
11) All animals must comply to section 20 -264 –(10) “Petting farms”
12) A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, u ntil the
occurrence of a particular even, 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 al l city
ordinances including any new ordinances enacted after the original approval.
Brief Background:
Degler Farm has an extensive background in farming and educational teaching. Family founded
by multi-generational elementary and high school educators; Degler Farm has a passion for
educating youth. It’s in our DNA. Our mission is to educate local youth on the operation,
economics, and future of agriculture. In this spirit, Degler Farm would like to be more
community facing through the growing area of Agritainment. We want to bring our passion for
education and combine it with farm friendly activities. This “outside the classroom” learning on
the farm is not only instructive, but fun. We see it as another yet another way to reach our
neighbors and local community.
Degler Farm activities
Degler Farm
Agritainment activities
PumpkinThrowerSawmillingPumpkinCannon
Newer Activities
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COTINTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
lrune 24,,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice ofa Public
Hearing to consider a request to amend City Code Chapters I and 20 to define
Agritainment'/*Agritourism'; Create Standards and Criteria for an Agritainment use as
an Interim Use; Atlow Agritainment uses ts an Interim Use in the Agricultural Estate
District; and Receive an Interim Use Permit for an Agritainment use on property located at
glll Audubon Road. Zoned Agricultural Estate (A2), Planning Case No.202l-13' to the
persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
I
Kim Clerk
Subscribed and swom to before me
Seal)
JEAII M S]ECKLII{Gil6ryheillIEcra
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thiALl{tday of . )r,.rr<-,2021.
N otarv Public
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as one. This map is a compilaton ot recods. infodation and data loaated in varbus qly,
counly, state and fedeBl ofices and other sources regading the aaea shorn, aM is to
be u!€d br leElence purpcaes only. The Cig does not warant lhat the Geo0raphic
lnbmaton System (GlS) oata l.lsed to prepae Uis map are enor free, and the City does
not reEesent that the Gls Data can be used for navoational, tr&king or any other
purpoBe requiring exac'tng measuement of distance or direclion or rrecision in the
de clbn of geographic lbatures. The p.eceding dirdaimer i9 provided puEuanl to
Minn*ota St.tl.lte3 5,(66.03, Subd. 21 (2000), and tie user ol this map acknou,ledges
dlat $e City shall not be liable fo. any damages, and expPssly waives all daims, and
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that the city shall not be liaue for any damag*. aM expresly waives all daams, anal
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DRAFT June 2021
Questions/concerns about the Degler Agritainment Proposal adjoining our property at 9231
Audubon Road:
1 Office/industrial and parks/open space was the old plan. What is the nmr plan for the zoning
of our property?
2 ls the old plan for a road running from the Lyman lift station through Degler's property at
9211 Audubon Rd to take Drive now dead?
3 Water ls available along our Audubon boulevard. Saler is pending. What doesthat mean?
4 What is the county/city going to do about the extra traffic along Audubon Road from the
Lyman stoplight to the Autumn Woods/Butternut stoplight? lt's already bumper to bumper
due to Chanhassen High and the business parks, not to mention the coming Lennar and
Avienda Developments proposed. ls a round-about at Degler's driveway the answer?
5 The number of cars in the three proposed parking lots on Deghrs property is shocking when
filled tocapacity. Howwill cars be funneled in and out of Degler's driveway efficiently? This
gives us visions of the Renaissance Fair backup.
6 What are thelirnits.sn nsise levels? ln t?re past, rre've been abh to hear the Deglers yelling
from inside their bam over the sound of their milking roachines. What will rit be like when
there will be groups of extra people yelling, screaming and cheering?
7 The Degler Agritainment hours proposed are too long also. Families in the neighborhood are
trying to put their young kids to bed when it gets dark out and they don't need the extra noise.
8 Then there is the problern of Degler's guests spilling oy€r onto our property. We expect
there will be "exploring/trespassing'like a free'for-all. (We've already had kids from the new
housing/apartments around us coming into our yardn/buildings. So we now have to put locks
on our barn/streds for safety reasons.)
9 Because of the above concerns, we feel that it is time to market our property. What would
the City of Chanhassen like to see at 9231 Audubon Road? From start to fin'rsh, how long is
Degler's Agritainment Development going to take?
Sincerely,
George and Connie 5t. Martin 952-MS-6219