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CC Staff Report 8-9-21CITY COUNCIL STAFF REPORT Monday, August 9, 2021 Subject Ordinance XXX: 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 Section OLD BUSINESS Item No: F.1. Prepared By Bob Generous, Senior Planner File No: Planning Case No. 2021­13 PROPOSED MOTION "The Chanhassen City Council approves the ordinance amending City Code sections 1­2, 20­252, and 20­576 regarding Agritourism; and Approves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; and Adopts the Planning Commission's Findings of Fact; and Approves a Summary Ordinance for publication (requires 4/5 vote)." Approval requires a 4/5 Vote. SUMMARY The applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interim use in the Agricultural Estate District, and requesting an Interim Use Permit (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 3­1 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 were included in the Consent Agenda of the July 26, 2021 City Council packet. This item was initially reviewed at the July 26, 2021 City Council meeting.  The applicant presented several proposed CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: 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; AllowAgritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an InterimUse Permit for an Agritourism Use on Property Located at 9111 Audubon RoadSectionOLD BUSINESS Item No: F.1.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 2021­13PROPOSED MOTION"The Chanhassen City Council approves the ordinance amending City Code sections 1­2, 20­252, and 20­576regarding Agritourism; andApproves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; andAdopts the Planning Commission's Findings of Fact; andApproves a Summary Ordinance for publication (requires 4/5 vote)."Approval requires a 4/5 Vote.SUMMARYThe applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interimuse in the Agricultural Estate District, and requesting an Interim Use Permit (IUP) for 9111 Audubon Road (DeglerFarm).BACKGROUNDThe 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 theproperty and that the property be primarily used for agricultural purposes.  The Planning Commission was alsoconcerned that the proposed use, if permitted to incorporate all the uses listed by the applicant, would become a"carnival".The Planning Commission voted 3­1 to recommend approval of the ordinance amendments and IUP with theamendments outlined as part of the public hearing discussion.  The Planning Commission minutes from July 6, 2021were included in the Consent Agenda of the July 26, 2021 City Council packet. This item was initially reviewed at the July 26, 2021 City Council meeting.  The applicant presented several proposed changes to the ordinance and the IUP.  City Council tabled the item to permit staff an opportunity to review and address the changes. 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 strike­through and bold format to show recommended changes below. Zoning Code The following is a summary of the ordinance changes from the previous review: Changed Use from Agritainment to Agritourism. Incorporated applicant's entire definition of Agritourism. Section 5) revised to All structures and storage areas must be set back 50 feet from public or  private rights­of­way and 300 150 feet from any adjacent single­family residences, or a minimum of 50 feet from a side lot line, whichever is greater. Section 7) revised:  existing City building and fire code in effect at the time of the use. Section 8) changed ending time to 1/2 hour after sunset. Section 9) added: Items promoting the establishments with its name are permitted, but retail space for these items is limited to 300 square feet. Section 10) All animals must comply to with City Zoning Code requirements for petting farms, section 20­264 (10). Section 11) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress. The access to the buildings and the parking areas will require a proper road surface which is able to provide support for emergency and fire vehicles. Section 12)Parking screening shall be in conformance with section 20­1181 of the Chanhassen City Code is required within 50 feet of a residence that is not located on the property subject to the Interim Use Permit. Section 18)Outdoor music with amplified sound shall require a special event permit pursuant to section 20­ 964 of the Chanhassen City Code. Section 19)Prior to commencing activities and demonstrations involving equipment and machinery or the use of projectiles, the applicant shall establish safety practices, procedures and locations for such activities and provide to the City the plan for the established safety practices, procedures and locations. Interim Use Permit Change from Agritainment to Agritourism. Added Engineering Condition: Corn rows are an acceptable screening for parking lots. Revised Fire Condition: Corn mazes and straw mazes shall be set back at least 75 feet from all vehicular parking and all ignition sources, including open flames (recreational fire pits). Revised Planning Condition b. Buildings and use areas shall be as shown on the approved Exhibit B.Additional CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: 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; AllowAgritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an InterimUse Permit for an Agritourism Use on Property Located at 9111 Audubon RoadSectionOLD BUSINESS Item No: F.1.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 2021­13PROPOSED MOTION"The Chanhassen City Council approves the ordinance amending City Code sections 1­2, 20­252, and 20­576regarding Agritourism; andApproves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; andAdopts the Planning Commission's Findings of Fact; andApproves a Summary Ordinance for publication (requires 4/5 vote)."Approval requires a 4/5 Vote.SUMMARYThe applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interimuse in the Agricultural Estate District, and requesting an Interim Use Permit (IUP) for 9111 Audubon Road (DeglerFarm).BACKGROUNDThe 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 theproperty and that the property be primarily used for agricultural purposes.  The Planning Commission was alsoconcerned that the proposed use, if permitted to incorporate all the uses listed by the applicant, would become a"carnival".The Planning Commission voted 3­1 to recommend approval of the ordinance amendments and IUP with theamendments outlined as part of the public hearing discussion.  The Planning Commission minutes from July 6, 2021were included in the Consent Agenda of the July 26, 2021 City Council packet.This item was initially reviewed at the July 26, 2021 City Council meeting.  The applicant presented several proposedchanges to the ordinance and the IUP.  City Council tabled the item to permit staff an opportunity to review andaddress the changes.DISCUSSIONAny approval by the City for development of the property must be consistent with the Comprehensive Plan.  Theapplicant has submitted the proposed changes to City Code.  Staff prepared a strike­through and bold format to showrecommended changes below.Zoning CodeThe following is a summary of the ordinance changes from the previous review:Changed Use from Agritainment to Agritourism.Incorporated applicant's entire definition of Agritourism.Section 5) revised to All structures and storage areas must be set back 50 feet from public or  private rights­of­wayand 300 150 feet from any adjacent single­family residences, or a minimum of 50 feet from a side lot line, whichever isgreater.Section 7) revised:  existing City building and fire code in effect at the time of the use.Section 8) changed ending time to 1/2 hour after sunset.Section 9) added: Items promoting the establishments with its name are permitted, but retail space for theseitems is limited to 300 square feet.Section 10) All animals must comply to with City Zoning Code requirements for petting farms, section 20­264(10).Section 11) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress.The access to the buildings and the parking areas will require a proper road surface which is able toprovide support for emergency and fire vehicles.Section 12)Parking screening shall be in conformance with section 20­1181 of the Chanhassen City Code isrequiredwithin 50 feet of a residence that is not located on the property subject to the Interim Use Permit.Section 18)Outdoor music with amplified sound shall require a special event permit pursuant to section 20­964 of the Chanhassen City Code.Section 19)Prior to commencing activities and demonstrations involving equipment and machinery or theuse of projectiles, the applicant shall establish safety practices, procedures and locations for such activitiesand provide to the City the plan for the established safety practices, procedures and locations.Interim Use PermitChange from Agritainment to Agritourism.Added Engineering Condition: Corn rows are an acceptable screening for parking lots.Revised Fire Condition: Corn mazes and straw mazes shall be set back at least 75 feet from all vehicular parking andall ignition sources, including open flames (recreational fire pits). Revised Planning Condition b. Buildings and use areas shall be as shown on the approved Exhibit B.Additional buildings shall require an amendment to the Interim Use Permit. Revised Planning Condition c. The use of the subject property must be in general conformance with the attached Exhibit B.An annual report of the activities proposed for the upcoming year and an updated site plan with the parking location for the year shall be submitted to the City by May 1st each year. Water Resources Condition: The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area signage within the BCOD portion of the site. Precise amount and location of signage must be approved by the City’s Water Resources Coordinator. Staff is recommending that the IUP be issued for a five­year period.  At the end of that time, the applicant can request an extension and the City can evaluate the use.  The applicant initially proposed that the IUP be terminated only when the property is developed.  As an alternative, the applicant has requested a 25­year approval, or if a five­year timeframe is approved then the City waives the fees for the application to renew or extend the IUP if no ordinance revisions are necessary. RECOMMENDATION Staff and the Planning Commission recommend that the City Council approve the ordinance amending Chapters 1 and 20 regarding Agritourism uses as revised per staff recommendations, and the IUP to permit the Agritourism use on the property subject to the conditions of the staff report; and Adopt the Planning Commission's Findings of Fact and Recommendation. ATTACHMENTS: Planning Commission Staff Report dated July 6, 2021 Findings of Fact and Recommendation Development Review Application Objective Narrative and Site Plan Comments Presentation Affidavit of Mailing Ordinance Interim Use Permit Summary Ordinance Email and Attachment from Carver County 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................. $100E Atl Others...... ...................... $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 Alteration PermitE Deeos 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 Todd DeglerName 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. U 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 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 Corn MazeHayrides 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 Pumpkin ThrowerSaw millingPumpkin Cannon 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 li*rlh.,:t&,tD. thiALl{tday of . )r,.rr<-,2021. N otarv Public Sub.iect Parcel Dl!cl.lmor This map is noilher a legally rccoaded map nor a $rrvey and b not inEnded lo be u3€d 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 agre6 to debnd. indemnify, and hold harmless the City from any and all claims brouoht by user, ils employe€s oI agents, or third parlies which aris€ out of the users accass or use of data pDvided. <TAX_NAMET (TAX_ADD_Ll ) (TAX ADD L2) (Next RecordD(TAX_NAtlED ITAX_ADD_LI r <TAX ADD L2l DLcLh.r This map is n€i0Er a legally reco.ded map nor a suley and is not intended to be used as orle. ThB mep is a compihtion ot recoads, intormation and data located in vadou3 city, cou.ty. slale and federal ofices and olher sources regadin! the area shown. and is to be used for lEfelence purpoees ooly. The city doeg nol warranl that the G€ographic lnfu.maton Sygtem (GlS) Data used to p,epare this map ale enor te€. aftl the City does not represenl flat the GIS Dalia can be used for navigatioml, trac*ing oa any other purpooe equiring exacling lneasulement of distance o. dire(ton or preosioo in the defiicton of Oeographic Eatures. The precadano disdaamer is proviired puBuant to Minnesota StaMes $,16{t.03, Subd. 21 (2000). and the use. ot this map acknodedg€3 that the city shall not be liaue for any damag*. aM expresly waives all daams, anal aorees to debnd. indemnity, and hold hamles3 the City from any and all daims brolghl by User. ib employees or aoents. or third parlies which aris€ oui of the us€/s access or use ol data provided. 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(J U (J (J a6 d! dl aO aOzzzzzzzzzzzzzz toooooooooooooo - -FFFFFFFFFFFFFF(l>'(,(,(,(9(,(,(,(,(,(9(,(,(,(,d>zzZ=zzzzz=zz11El- IIIII-IIIIT==i=99t/t tJ\ th t l .,t) tJt th tl1 a v1 6 :t- =B3=338333ts33ts36K5m(oOr-{<tOOOOOOH.o!11 I^ rn ro \O (O F F. T. O O O O O N m ^<r <t \t st sl <t \t <l <l ur !/1 Ut LA l,l t^ rr) (J oror6rororolool 0r or ol ot (h (h or or 4 ?Ft =szdofo_e8qi(J .oo< l<1=g= 4 qe z6EE- E?laae',eE E- ElE=EEEBi:-i3:tiEEs::<==oo E E =E :i?lfri= ;E=Ei *E E cicidcic,zzzzz 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER 20 REGULATING AGRITOURISM USE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Intent of this ordinance is to permit Agritourism as an interim, accessory use of a working/active farm to provide educational, entertainment 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: Agritourism means activities carried out on a farm that allows organizations or members of the general public, for recreational, entertainment, or educational purposes, to view, enjoy, or participate in rural activities regardless of compensation. Uses include corn/bean mazes, hay rides, pumpkin picking, harvest-your-own produce, corn pits, hill slides, pumpkin throwers/cannons, lookout towers, zip lines, straw bale mazes, apple picking, play structures, antique tractors displays, saw mill demonstrations, agricultural demonstrations, hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross country skiing, animal walks, animal rides, farm implement games, sledding hills, axe throwing, outdoor music, archery. Section 3. The Chanhassen City Code Article IV, Division 3, Standards for Agricultural and Residential Districts, is amended by adding section 20-252, and renumbering the sections that currently exist, to read as follows: Agritourism. The following conditions will apply to Agritourism 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”. 2 5) All structures and storage areas must be set back 50 feet from public rights-of-way and 150 feet from any adjacent single-family residences, or a minimum of 50 feet from a side lot line, whichever is greater. 6) The applicant shall provide a parking plan 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 Agritourism events must meet City building and fire codes in effect at the time of the use. Building requirements shall be based on occupancy. 8) Hours of operation shall be from 8:00 a.m. to ½ hour after sunset. 9) Retail sales shall be limited to Agritourism-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. Items promoting the establishments with its name are permitted, but retail space for these items is limited to 300 square feet. 10) All animals must comply with City Zoning Code requirements for petting farms section 20-264–(10). 11) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress. The access to buildings and parking areas will require a proper road surface, which is able to provide support for emergency and fire vehicles. 12) Parking screening shall be in conformance with section 20-1181 of the Chanhassen City Code within 50 feet of a residence that is not located on the property subject to the Interim Use Permit for Agritourism. 13) The applicant must obtain all required State approvals, licensure and permits. 14) Vendors shall be limited to food trucks. The location of vendors shall be identified on the site plan. 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) Agritourism 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 3 intersections and to help identify feasible solutions to the deficiencies. 17) The applicant 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 permit from the City's Planning Department. The permit shall be issued unless the conditions of approval of this section have been violated. All permit 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) Outdoor music with amplified sound shall require a special event permit pursuant to section 20-964 of the Chanhassen City Code. 19) Prior to commencing activities and demonstration involving equipment and machinery or the use of projectiles, the applicant shall establish safety practices, procedures and locations for such activities and provide to the City the plan for the established safety practices, procedures and locations. 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: Agritourism. 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 ______________) 4 g:\plan\2021 planning cases\21-13 degler farm center ord amendment and iup\ordinance clean copy.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 shown in Exhibit B. 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. Parking capacity shall be based on city standard parking lot layout in Section 20-1118 of the Chanhassen City Code. c. Corn rows are an acceptable screening for parking lots. Fire: a. Corn mazes and Straw Mazes shall be set back at least 75 feet from all vehicular parking and all ignition sources, including open flame (recreational fire pits). b. Applicant must place a fire hydrant on site. Planning: a. The Interim Use Permit (IUP) shall terminate five (5) years from the date of City Council approval. b. Buildings and use areas shall be as shown on the approved Exhibit B. Additional buildings shall require an amendment to the Interim Use Permit. c. Sanitary facilities shall be provided for site visitors. d. The use of the subject property must be in general conformance with the attached Exhibit B. An annual report of the activities proposed for the upcoming year and an updated site plan with the parking location for the year shall be submitted to the City by 2 May 1st each year. Water Resources: a. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area signage within the BCOD portion of the site. Precise amount and location of signage can must be approved by the City’s Water Resources Coordinator. 4. Termination of Permit. This Interim Use Permit shall terminate upon the occurrence of any of the following events, whichever first occurs: a. The date stated in the permit; b. Upon violation of conditions under which the permit was issued; c. Upon change in the city's zoning regulations which renders the use nonconforming; d. Upon the subdivision of the property or the alteration of the lot lines of the property. 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. 3 Dated: August 9, 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. 5 Exhibit B 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 Agritourism. 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/Bean Maze -Participants walk through a corn/bean 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: Hay rides, corn/bean maze, corn pit, straw bale maze, tractor displays, snowshoeing, harvest-your- own produce, hill slides, pumpkin throwers/cannons, lookout towers, zip lines, play structures, saw mill demonstrations, hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross country skiing, animal walks, animal rides, farm implement games, sledding hills, axe throwing, outdoor music, archery stands, agricultural demonstrations are exhibited regardless of compensation. 6 Sledding Hill/Hill Slides: Marked in Red outline/green shaded area Zip line: Marked in Purple line 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 based on crop rotation. Cross country skiing, snowshoeing, hiking, animal walks, animal rides, sleigh rides, and biking will utilize same trail. Vendor Locations: Shown in the general area marked by in Yellow dot. Chemical Toilet Locations: Marked by orange dot, this location is not able to be seen from outside the property. Corn/bean maze Location: Location of 2020/2021 corn maze is shown pictorially. Due to rotational nature of crops, corn maze location will change. Corn pit & straw bale maze General location is shown by green dot. Other activities: (will rotate around farmyard based on field planting & parking – (8 blue dot areas) Tractor displays, harvest-your-own produce, pumpkin throwers/cannons, lookout towers, play structures, sawmill demonstrations, hay stacks, kiddie trains, maple syrup harvesting, farm implement games, axe throwing, outdoor music, archery stands, agricultural demonstrations Parking Size/Capacity/Locations: • 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 + 26ft travel lane.) Shown on map are approximate parking car capacities. • Parking Location: • The 3 lots are options shown as rotational placements of parking. Entrances/exits are from Audubon Road and marked with dotted lines. • In 2020 the most cars we had on the premise was 25 cars parked at 1 time. (40 total on a Saturday) The parking plan is meant to show we have ample parking spaces. • Parking Surface will be a permittable fast growing alfalfa/grass mix. In the unlikely event that erosion or dust present a problem, the affected area will be roped off and fitted with erosion barriers. (hay bales) Lots that do not survive winter freeze will be replanted. • Accessible parking locations will be placed each year as needed in magenta and follow guidelines of size and quantity. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. _____, AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2; CHAPTER 20, ARTICLE IV, DIVISION 3; AND CHAPTER 20, ARTICLE X, REGARDING AGRITOURISM, OF THE CHANHASSEN CITY CODE The purpose of this code amendment is to establish a definition, standards and allowing Agritourism as an interim use in the Agricultural Estate District. A printed copy of Ordinance No. ____ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 9th day of August, 2021 by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Laurie Hokkanen,, City Clerk/Manager (Published in the Chanhassen Villager on________________________). From:Steckling, Jean To:Steckling, Jean Subject:FW: 9111 Audubon Road - Agrotourism/Agritainment Date:Wednesday, August 4, 2021 4:00:00 PM Attachments:CountyPWReview_10003 Degler IUP_2021-07-06.pdf From: Angie Stenson <astenson@co.carver.mn.us> Sent: Wednesday, July 28, 2021 4:51 PM To: Henricksen, Erik <EHenricksen@ci.chanhassen.mn.us> Subject: RE: 9111 Audubon Road - Agrotourism/Agritainment Hi Eric, Thanks for reaching out on this item. Attached is our review memo. We requested high level traffic information to determine if a TIA was required per ourpolicy thresholds. The applicant specified the following: peak hourly trips = 15; averagedaily trips = 30; peak daily trips = 50. These trip generation numbers were not enough tomeet our guidance to require a TIA. The review memo states two areas that we would require changes should the trip levelbe above what was submitted. First, for any planned events with higher trip levels aSpecial Event permit would be required, which would include review of a trafficmanagement plan, etc. Second, if the use is persistently above that defined in the IUP, wewould require additional review/permitting – possible improvements to the roadwaylike any other development. You bring up a good point that this second area is moreunclear in the sense that other, similar IUP examples we have are where the County isthe land use authority. I think in this case the City would need to enforce the IUPconditions. One issue we are facing with many of our IUPs in the County is how do wemonitor traffic levels to those approved in the IUP. We also included an explanation that the access point meets secondary access spacingand, long-term, wouldn’t be a full access – pending traffic levels and development. For context, we had a very similar use come through the County’s IUP process in 2020for Lovable Llamas off of CSAH 10. After several meetings, it was determined the majorexisting/potential traffic issue was related to minimal (1-2 per year) special event days,which could be regulated through that permitting process. Angie Stenson AICP │ Sr. Transportation Planner Carver County Public Works Mobile 612.360.7422 │ Email astenson@co.carver.mn.us Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY July 6, 2021 City of Chanhassen c/o Bob Generous AICP Senior Planner 952-227-1131 bgenerous@ci.chanhassen.mn.us CC: Todd Degler, Applicant, todddegler@gmail.com Re: Development / Access Review Comments: 9111 Audubon Rd. Interim Use Permit located at PID# 250220800 adjacent to County State Aid Highway (CSAH) 15 (Audubon Rd.) and CSAH 18 (Lyman Blvd.) Thank you for the opportunity to review the subject development in the City of Chanhassen. Consistent with the County Comprehensive Plan and County Codes, and other official controls of the County, the following are comments and recommended conditions of approval and as potential requirements for any necessary permits to be issued for the project. 1. Regarding access onto the County Highway – a. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14) identifies this segment of CSAH 15 as Category 5B, which guides full access intersection spacing at ¼ mile intervals and secondary (limited) intersection spacing at 1/8 mile intervals. The distance to the proposed entrance meets the spacing guidance for secondary (limited) access consideration: 1/8 mile from the CSAH 15/CSAH 18 intersection and 1/8 mile from the CSAH 15/Lakeview Dr. intersection. i. The access type and location for the proposed use and traffic is consistent with County policy. Additional County review and approval will be required if the proposed use changes or if the traffic condition changes such that the site is used regularly above what is proposed. ii. No access to CSAH 18 is proposed. Additional County review and approval will be required if this condition changes. b. The existing access will need to be widened so that operationally it can accommodate two vehicles entering and exiting at the same time. Coordinate with Public Works for required driveway specifications and potential permit requirements for this condition. c. A pavement preservation project is planned for this segment of CSAH 15. Public Works will review and analyze the striping plan for this location and incorporate any changes into the upcoming project. 2. Regarding special events – a. Uses and special events over and above the typical peak traffic stated in the IUP application information and meeting the qualifying criteria for a Special Event permit will be required to be reviewed separately under a Special Event permit. i. The proposed IUP must follow the requirements of the Special Events permit for qualifying events: https://www.co.carver.mn.us/how-do-i/apply-for/a-permit As part of the Special Event permit, the applicant would need to coordinate with Public Works regarding the event including required traffic control and traffic management plan. 3. Prior to any work affecting or on County highways or in County right of way, the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. 4. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us