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CC Minutes 8-9-21City Council Minutes – August 9, 2021 2 OLD BUSINESS 1. Ordinance 674: Approve a Request to Amend City Code Chapters 1 and 20 to Define "Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim Use; Allow Agritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an Interim Use Permit for an Agritourism Use on Property Located at 9111 Audubon Road. Community Development Director Aanenson noted the item was discussed at the last City Council meeting and tonight they w ill review some of the changes and believes they are in concurrence. She clarified that the new terminology to be used is “Agritourism” rather than “Agritainment” and is for Interim Use. Tonight the City Council would be approving an ordinance amending City Code sections 1-2 Definition of Agritourism; 20-252 Standards for Agritourism and Interim Use; 20-576 adding Agritourism as an interim use in the A-2 District; and an Interim Use Permit (IUP) for Agritourism use at 9111 Audubon Road. Ms. Aanenson noted they revised the timeframe to 8:00 a.m. until ½ hour after sunset, outdoor music must require a special event permit, the Applicant must maintain driveway easements for emergency access to the property, and items promoting the establishments are permitted but retail space for these items is limited to 300 square feet. The Applicant shall provide safety practices, procedures, and locations. Ms. Aanenson said there are 19 A-2 parcels that meet the minimum size standards of 20 acres, but must be on collector roads so only 6 of those comply, including the Degler Farm. She showed the site plan on screen and walked the City Council through the Interim Use including locations for hayrides, corn/bean maze, vendors, sledding hill, corn pit, and parking. They also added to the interim use an annual report of the activities proposed for the upcoming year and an updated site plan as the City wants to maintain that parking is being met by August 1 of each year. Staff recommends staying with five years on the IUP and the Applicant can always ask for an extension 60 days prior to the expiration date. Ms. Aanenson shared that the Planning Commission voted 3-1 on a motion recommending adoption of the ordinance subject to revisions discussed. Staff believes they have addressed the issues and are ready to approve; there is still a list of things the Applicant must do to advance the IUP itself. Councilman McDonald asked within the definitions of Agritourism did they narrow the field down to what the Degler’s want on their property or is it broad enough for others who may want to have activities on their property? Ms. Aanenson replied they tried to make it broad enough to meet the Degler’s needs and broad enough for someone else to also meet the criteria. Councilman McDonald asked if they would waive fees on an extension of the five-year IUP. Ms. Aanenson noted they do not waive fees and she cannot bind a future City Council to waive the fees. City Council Minutes – August 9, 2021 3 Councilman Campion asked requiring the IUP to be updated every five years, if nothing is changing, why make the Applicant pay to apply again? Ms. Aanenson noted that is what they do for all interim uses and typically an interim use is not found on a piece of property that has a municipal service to it. Usually it is an area in transition so higher and better uses want to come in. Councilman Campion asked in that case would it be a conditional use rather than an interim use? Ms. Aanenson replied a conditional use runs forever with the property and interim use stays at the five years. City Attorney McDowell-Poehler believes this use is not completely consistent with what the Comprehensive Plan has it guided for. Ms. Aa nenson noted that is correct and that that is another reason for the IUP as they are trying to find middle ground to allow them to do something so the interim use is bridging that. Attorney McDowell-Poehler stated this is new to the City and it gives the opportunity for the City to review how this is operating and whether it wants to continue or make changes due to the newness of this type of activity within the City. Councilwoman Rehm’s understanding is if it is a five-year IUP they are looking at $200 per year which seems pretty reasonable. She believes notifying the neighbors would use up that $200 pretty quickly. Mayor Ryan thinks it was shared at the previous meeting that it was very expensive to reapply and asked if that is the case. Ms. Aanenson replied no, it is a nominal fee of $200 per year but she thinks it is less than that because they added in the Code Amendment. She does not have it in front of her right now. City Manager Hokkanen said Staff calculated that it would be about $997 in current dollars, so the average over five years would be about $200 per year. Mayor Ryan asked if in five years the City Council reviews it and nothing has changed, does the Applicant still have to pay the fee? Ms. Aanenson replied they would have to extend the interim use for another five years. Mayor Ryan clarified they would be paying for the next five years. At that time if the City Council decides to change it to a Conditional Use Permit (CUP) would that be a consideration for fees at that time? City Council Minutes – August 9, 2021 4 Ms. Aanenson said yes, although she would want to give it a bit more thought as they would be keeping a farm operation that is inconsistent with the Comprehensive Plan. Mayor Ryan noted in five years if the Council wanted to approach this differently they could evaluate fees at that time. Ms. Aanenson replied in the affirmative. Attorney McDowell-Poehler said if it is something the Council wanted to consider making more permanent, they would need to do a Comprehensive Plan Amendment at that time and rezone the property to allow it to be a Conditiona l Use Permit activity and then it could continue permanently. Mayor Ryan noted something was mentioned about a commercial parking permit administered by the County and at the last meeting restriping was mentioned. She asked to circle back on traffic clarifications. Director of Public Works/City Engineer Howley said regarding the permit from the County, they have a standard permit for access. An intensified use is a trigger for the Applicant to get a commercial driveway permit and they simply have to apply. Mayor Ryan said regarding special event permits, if there is an increase in volume, a traffic and site plan still needs to come before the City. Ms. Aanenson noted once they get the permit, the City would work through the administrative things to get all the permits in place. Mr. Howley said the County is doing a resurfacing project on Audubon and their design staff in- house made some modifications to the formal striping plan and have incorporated that into the project based on what they know about this project. Mayor Ryan asked if there are traffic concerns from residents, does that come to the City or the County. Mr. Howley believes it would be a County response. Councilman Campion moved, Councilman McDonald seconded that the City Council Approve Ordinance 674 to Amend City Code Sections 1-2, 20-252, and 20-576 regarding Agritourism; Approve an Interim Use Permit for an Agritourism Use on Property Located at 9111 Audubon Road; and Adopt the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARINGS: None.