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5.3. PCSR 07-13-2010REQUEST FOR ACTION To Planning Commission AGENDA SECTION Planning Items ITEM DESCRIPTION ITEM NUMBER 5.3 MEETING DATE PREPARED BY July 13, 2010 Jeremy Barnhart, Planning Manager REVIEWED By Request by Wapiti Park (Lorraine White) for Interim Use Permit, Public Hearing -Case NO. CU 10-16 REVIEWED BY ACTION REQUESTED Staff recommends approval of Interim Use Permit for allowing for the continued use of the 30 x 55 structure to be used for laundry, office, and assembly, subject to the following conditions. 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. PROVIDE VERIFICATION THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. ACQUIRE AN APPROVED MANURE MANAGEMENT PLAN, CONSISTENT WITH SECTION 10-9 OF CITY CODE. 4. PREPARE A DEBRIS MANAGEMENT PLAN FOR APPROVAL BY ELK RIVER ENVIRONMENTAL DIVISION. 5. DUE TO THE CONCERN OF RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR MUST BE COMPLETED. BACKGROUND/DISCUSSION Wapiti Park received an Interim Use permit in 2000. The Interim use permit allowed the construction of a 30 by 55 building to replace the office and bar that was destroyed by fire in November 1999. According to the staff report authored by Planning Director McPherson, it appears the interim use was granted for an accessory structure. (The bar and office building accessory to the principle use, which is the campground.) Because the structure is accessory to (subordinate and serving) the principle use, staff reviewed the campground as part of this request. The campground, while licensed year round as a recreational camping area, appears to not be used exclusively for that purpose. It appears that a number of people use the campground as permanent housing, even through the winter months. Last winter, Code enforcement received a complaint with concern about children leaving in the campground during a particularlyharsh weather spell. Upon inspection, it appeared that 20 of the camp sites were occupied, and of those, 18 included more N:\Departments\CommunityDevelopment\Plaruiing\Case Files\CUP\CU 10-16 Wapiti ParkIUP\CU 10-16 Wapiti ParkSRto PC 7-13-10.doc "permanent" improvements, including exterior insulation, exterior steps, sheds, porches. While this may not be illegal, it does appear to be an expansion of the non-conforming campground. Additionally, it is not known if the existing on-site septic system is adequately designed, maintained, and continues to be functional for year round use. Staff is suggesting a condition to confirm the design is adequate for unheated spaced below recreation vehicles, and it continues to be functional. Further, in recent clean up events, the amount of debris thrown into the river, apparently from the campground was noted. It is suggested that a waste management plan be prepared to addressing this issue, as well as a concern with the amount of garbage being burned. Lastly, the park hosts animals in a large pen along Troy and 185`h. 'This pen includes horses, and in the past has included deer, ostriches, and other animals. It is suggested that a manure management plan be prepared, to ensure the sanitary disposal of by-products. FINANCIAL IMPACT None General Information Applicant Requested Action 60 Day Rule Location ATTACHMENTS Lorraine White Interim Use Permit The City must take action by August 30, 2010 18746 Troy Street ^ Location Map ^ Applicant's narrative, dated June 29, 2010 ^ Staff comment letter dated July 8, 2010 ^ Memo from Environmental Administrator dated July 7, 2010 ^ Memo from Police Chief dated July 7, 2010 ^ Staff report dated April 12, 2000, authored byMichele McPherson Action Motion by Follow Up Second by Vote N:\Departments\CommtmityDevelopment\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Park SRto PC 7-13- l0.doc W'd ~ti~~~~8 OtI1Z1~Z19'6Mp°deW uoi~~~olldflI ~a~d i~ideM 9T-0'I flJldfl~lsa~i~ ase~~6u~uu~~~l,~~aa~uda~ana~q ~~iunwwa~l,s~uau~~ecla~l~N Wapiti Park c~rPCROO1vvs 18746 Troy Street 1VW ELg RIVER, MIrT1VEASOTA 55330 763-441-1396 June 29, 2010 ~ ~ ~~ ~ '' ~ ` F ~ ~~ ~ 3~ CJ ,~n..~_ Wapiti Park Campground, owned and operated for 35 years, located at 18746 Troy Street NW. Elk River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a campground until the prop~~ l,~ is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 midnight, 7 days a week. Wapiti Park has 2 employees, Lorraine White legal owner and Juanita Glenn, manager. Wapiti Park offers an outdoor fenced and locked storage area for recreational vehicles and has approximately 10 vehicles in storage on average. Laundry facility is offered to the campers also in the office building. Wapiti Park office is also a gathering place where many birthday, graduation and holiday parties, etc. have been held. It is also a place where many of our campers get together to watch sports events or just relax with family and friends while enjoying Heggies pizza which is for sale in the office. Wapiti Park offers two bath houses for our campers use and as shelters from severe storms, although some feel more comfortable coming to the office during severe storms. Th~nk you, ~~~~~:~ n ti Park Camn~round giver 13065 Orono Parkway Elk River. MN 55330 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN 55330 Re: Interim Use Permit, Staff Comments Dear Ms. White, Thank you for allowing me the opportunity to review your application. I note that you are requesting an Interim Use to allow the existing structure to continue, although the original Interim Use Permit expired last April. City Staff has completed its review of your proposal as part of a site plan review completed on July 7, 2010. From this review, a number of comments or questions were raised, and follow. Your application is scheduled fox formal review by the Planning Commission on July 13, 2010. If the Planning Commission makes a recommendation, the Council will review the application on July 19n'. Because of the tight timetable as requested, the following comments will be recommended as conditions. There is a possibility that the Council or Planning Commission will table your request until further information is provided. It appears that the campground is operating year round, which is inconsistent with a recreation campground. Additionally, there has been a history of higher than expected calls to one location, and some of the calls have caused real concern, including reports of raw sewage leaks, assaults, and the welfare of residents, in particular children, living at the campground through the winter. 1. Please verify that the on site septic system is designed and functional for year round use. As noted above, there have been reports of the system not functioning in the winter, with collection lines freezing. This verification must be in the form of a report provided by a licensed on-site septic system installer. 2. Please provide a manure management plan with regard to the animals on site, including the horses. I note that there are several guinea fowls run at large, which may be inconsistent with the State rules. Phone: 763.635.1000 Fax: 763.635.1090 www ci.elk-river, mn.us 3. During recent river clean ups completed by Elk River Watershed Association, it has been noted that open pipes dis~ha+-ge into the river, and there was a large amount of debris found in the river, apparently from the individual campsites. A plan must be prepared to address this from continuing. It has been noted that there is evidence of burning trash at the campground. Please note that it is illegal to burn trash in the City of Elk River. Piease prepare a plan to address this concern, including adding more garage collection throughout the site. Based on my review, my recommendation to the Planning Commission and City Council will be to incorporate the preceding comments, and also to restrict the campground from operating year round, closing December 315C through March. If the septic system is not designed for year round collection, I will recommend that the campground be closed October 31 through March 31. My recommended conditions axe as follows. 1. Provide verification that the onsite septic system is designed to be functional year round and remains fully functional. 2. Acquire an approved manure management plan, consistent with Section 10-9 of City Code. 3. Prepare a debris management plan for approval by Elk River Environmental division. 4. Campground may open between March 1 through December 31. Please do not hesitate to contact me should you have any questions, I can be reached at (763) 635-1034. Sincerely, ~1 x ~^ Je~iny Ba~~ ~ art Planning Manager, AICP of Y ~~ MEM~RANDUNi TO: Jeremy Barnhart, Planning Manager FROM: Rebecca Haug, Environmental Administrator DATE: July 7, 2010 SUBJECT: CU 10-15 -IUP for Wapiti Park During the July 7, 2010 Site Plan review meeting, the IUP for Wapiti Park was discussed. Staff was asked if there are any concerns associated with the site. The Environmental Division has identified concerns with the amount of solid waste that is typically found in the burn pits at the Park. It is illegal in the State of Minnesota to burn solid waste. Please emphasis this to the park owners. Also, the septic system for the Park should be tested to determine if it is in compliance for the number of sites the Park is permitted to have and that there are not any pipes directly discharging to the river or on the grounds of the Park from the trailers. The Elk River Watershed does river clean-ups and has identified this area as a concern due to the amount of solid waste and various other items being deposited in the river. The Watershed bears the burden of paying to properly dispose of these materials. Staff would be willing to work with the Park owners on providing educational materials on proper solid waste management and rules of burning to its visitors and information about services available through local haulers. Basically, the Park needs to make sure that it has sufficient dumpster and recycling services for its visitors. Thank you for the opportunity to comment. Please let me know if you have any questions. /i Ci±y ei Elk -~-, River Police Department MEMORANDUM TO: Jeremy Barnhart, City Planner FROM: Jeffrey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have reviewed our calls for service at Wapiti Park as recorded in our records system since 1999. We have had 441 calls for service to that location. This is a very high number of calls for one location. I have attached a copy of a memo written to the Council on April 16, 2002 by the Chief at that time, Thomas Zerwas. His memo reflects his concerns in 2002 of the large number of police calls at Wapiti Park. Please see his memo for more complete details. My personal experience with the park is that over the years we have responded to significant events there that have proven to have endangered the safety of those who stay or frequent there. These calls included: • A camper trailer that exploded when the resident tried to kill himself by allowing propane to leak into his trailer. An ignition source ignited the gas, injuring the resident and destroying the trailer. • A meth lab discovered inside one of the trailers. • ~ resident who fell into a campfire, laid in the fire due to his level of intoxication and burned off his legs, buttocks and genitalia. • Numerous sexual assaults. • ~X~eapons related incidents and assaults. • A significant number of other assaults and violence. • Reports of raw sewage leaks. • Requests to check the welfare of residents who spend the winter in the park, some sleeping in tents-not trailers. Concerns that the trailers are not suitable for winter use, and insulation and heating systems are a danger to those who reside there. In one case, eve were called there in the middle of winter, to check a newborn child who was staying with her parents in a tent. The history at the park is not illustrative of a recreation facility, in fact it is considered a constant source of concern for our officers in terms of the resident's general safety and well being. I have attached a print out of all of the police calls we have recorded. Our system does not allow us to pull statistics prior to 1999. If you need more details on the types of calls, I would be happy to provide that information to you. ~~ f ~~ ( ~ City of ~' ~~1 s .k~lver Request ~;~ ~,~:~ ,! ;mss ,~ ~` MEMORANDUM Item # 6.9. TO: Mayor and City Council FROM: Michele McPherson;'Director of Planning DATE: April 12, 2000 SUBJECT: Case Number: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing The applicant requests that a conditional use permit be granted to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly. The use of the property for a campground is a legal, non-conforming use. Location 18746 Troy Street Zoning/Land Use R1b (Single Family Dwelling)/MR (Medium Density Residential) Attachments • Location Map • Site Plan • Building Elevations • Building Floor Plan • August 17, 1998 Memo from Steve Rohlf Overview Wapiti Park has been in existence prior to the incorporation of the City and Township. As noted on the attached memo from Steve Rohlf, in 1983, the parcel was rezoned from Agricultural to Single Family Residential (R1 b) and campgrounds became a conditional use in the R1b District. Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council/CU G, March 24, 2000 Page 2 In November 1999, the existing office/bar/laundry/storage building (60x120) burned completely down. Request The applicant has indicated that an office/laundry/gathering area for campground residents is needed. They considered remodeling their home to accommodate this need, however, the building code requirements increased the cost over the cost of constructing the proposed building. Section 900.34.9 states: No nonconforming building or structure ...which has been damaged by fire .. . to the extent of more than fifty (50) percent of its assessed market value shall be restored except in conformity with the regulations of this ordinance. The previous structure was completely damaged; therefore this building should not be reconstructed. However, the R1 b District allows accessory structures up to 3500 square feet on parcels 5 to 10 acres in area (The proposed structure is 1,650 square feet). It is the intended use of the structure that creates a policy issue for the Planning Commission and Council to decide. While at the time the applicant submitted this application, the City did not have in place the interim use requirements, this proposal would "fit" the definition of an interim use. The applicant has indicated that the use of the property for a campground would continue for an additional ten years (approximate). This time may be shortened due to the future assessments created as part of the extension of utilities in the Western Area. Improvements are proposed for late 2000, and this parcel is proposed to be assessed for water and street improvements. Staff is concerned about the use of the proposed building for the consumption of alcoholic beverages. Since 1983, the site has held a 3.2 beer (on and off sale) license as well as a license for set-ups. In the distant past, there were issues with underage consumption, primarily at campsites. In recent years however, the applicant has worked with the Police department to self-police for underage consumption and has passed all compliance checks. Planning Commission Recommendation The Planning Commission considered this request an interim use and recommended to the City Council approval of the request with the following conditions: 1. The approval is valid for ten years or until the property is redeveloped, whichever is sooner. 2. The building will comply with the requirements of the Chief Building Official. Memo to Mayor and City CounciVi 0-6 March 24, 2000 Page 3 City Council Recommendation Staff recommends that the City Council concur with the Planning Commission recommendation and approve the request with the recommended conditions.