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5.2.A. SR 04-18-2011City of Elk -,-~ River REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.2.A. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment A xIl 18, 2011 exem Barnhart, Plannin Mana ex ITEM DESCRIPTION REVIEWED BY Request by Wapiti Park (Lorraine White) fox an Interim Use Peter Beck, Ci Attorne Permit for the Building at Wapiti Park Campground, Public REVIEWED BY Hearing -Case NO. CU 10-16 ACTION REQUESTED A. Staff recommends approval of the IUP, subject to agreement from Wapiti Park and the adoption of the resolution and agreement as drafted; or B. If there is no agreement with Wapiti Park, Council can either approve the IUP, or deny the IUP and provide direction on whether to commence revocation proceedings on the Conditional Use Permit. BACKGROUND/DISCUSSION On Apri14, 2011, the City Council directed the city attorney to work with Wapiti Park on the refinement of a plan to address the issues identified by the Council previously. With that direction, the city attorney has prepared an agreement for Wapiti Park's signature. This agreement is based on the approval history of Wapiti Paxk, previously incorporated conditions, and state regulations. This draft agreement was forwarded to Wapiti Paxk on Wednesday, April 12, 2011. Based on the city attorney's conversation with Wapiti's attorney on Friday, it appears that they are not in a position to sign the agreement. If Wapiti Park is not in agreement, the Council should decide whether to grant the IUP fox the store building and provide direction on whether to commence revocation of the CUP for the campground. Attached is the January 18, 2011 resolution fox denial and fmdings of fact. It is attached for reference. With Council direction, staff will make appropriate modifications for signature. Further details will be provided at the Council meeting on Monday. FINANCIAL IMPACT None ATTACHMENTS ^ Resolution and agreement N:\Public Bodies\City Council\Counril RCA\Agenda Packet\041&2011\Wapitidocx • January 18, 2011 Resolution fox Denial • Debris Management Plan dated March 31, 2011 • Manure Management Plan dated March 31, 2011 Action Motion by Second by Vote Follow Up N:\PubGc Bodies\City Council\Councl RCA\Agenda Packet\0418-2011\Wapi[i.docx Resolution No. City Council City of Elk River A Resolution of the City of Elk River Aaarovina an Aereement for the Issuance of au Interim Use Permit for the Store Buildine at Wapiti Park Camaeround Findings of Fact 1. Wapiti Pazk Campground has been located within the City of Elk River since the merger of the old Citv of Elk River and Elk River Townshin in 1978. 2. In 1983, Wapiti Park Campground was rezoned from A-1/Agricultural to R- lb/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-lb zoning district as a conditional use. 3. In 1984, a Conditional Use Permit was issued for Wapiti Park Campground, subject to nine conditions. 4. Between 1984 and 1988, the Elk River Zoning Ordinance was amended to remove campgrounds as a Conditional Use in the R-lb zoning district and Wapiti Pazk Campground became a legal non-conforming use. 5. In 1998, the Conditional Use Permit for Wapiti Pazk was clarified, with the cooperation of the owner of Wapiti Pazk, and a notice was sent to campers setting forth requirements for campers at the Pazk. 6. In 1999, the Wapiti Park Campground store building burned completely down. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of a non- conforming use destroyed beyond 50%. 7. In 2000, Wapiti Pazk Campground requested a Conditional Use Permit to rebuild the store building. Because the campground was no longer a conditional use, the application was treated as an application for an Interim Use Permit. Because it was anticipated that the campground would be sold and developed within 10 years, the Interim Use Permit was approved for 10 years. 8. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Pazk Campground store building expired in April, 2010. 9. Wapiti Pazk Campground, Inc. applied for a new Interim Use Permit for the store building, for an additional 10 yeazs, in June, 2010. 10. On August 2, 2010 the Elk River City Council granted a ] 0 year Interim Use Petmit (IUP) for the Wapiti Park Campground store building, subject to a number of conditions. One of the conditions was that the NP would terminate on January 1, 2011, unless certain conditions set forth on the resolution of approval were addressed. 11. On December 2Q 2010, the Elk Rivet City Council extended the IUP for the Wapiti Pazk Campground store building to January 18, 2011, and directed City staff to prepaze a resolution for City Council consideration regazding the IUP. 12. On March 30, 2011, Wapiti Pazk Campground, Inc. submitted a letter to the City Council setting forth their intent to comply with the conditions set forth in the City Council's August 2, 2010 application of an IUP. 13. Wapiti Pazk subsequently agreed to enter into an Agreement for issuance of an to clarity and set 14. Wapiti Pazk has agreed to the "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Pazk Campground" attached as Exhibit A to this resolution. Record The record in this matter shall include all of the materials submitted to the Planning Commission and the City Council in connection with the June, 2010 application of Wapiti Pazk Campground, Inc. fora 10 year Interim Use Permit, including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the IUP, all of which is incorporated and made a part of the findings of fact and this resolution. Decision Based on the Findings of Fact set forth herein, the record in this matter and the conditions set forth in the "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Pazk Campground" attached as Exhibit A to this Resolution, the City Council of the City of Elk River approves an Interim Use Permit for the store building at Wapiti Pazk Campground subject to the conditions set forth in the Agreement attached as Exhibit A, and subject to Wapiti Pazk Campground, Inc. executing and recording the Agreement attached as Exhibit A to this Resolution. The Interim Use Permit For the Store Building shall not take effect unless and until Wapiti Park Campground, Inc. executes and records the Agreement attached as F,xhibit A to this Resolution. If the Agreement has not been executed within 10 days of adoption of this Resolution, City staff is directed to bring back to the City Council a resolution of denial of the Interim Use Permit. THIS RESOLUTION PASSED AND ADOPTED this 18th day of April, 2011. John J. Dietz, Mayor ma A az , rty er GP:2957449 v2 Exhibit A Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Camnground This "Agreement for Issuance of an Interim Use Permit for the Store Building at Wapiti Park Campground" ("Agreement") entered into this day of April, 2011 by and between Wapiti Park Campground, Inc. ("Wapiti") and the City of Elk River ("City"). Recitals 1. Wapiti Park Campground has been located within the City of Elk River since the merger ofthe old City of Elk Kiver and Elk Kiver Township in 1978. 2. In 1983, Wapiti Pazk Campground was rezoned from A-1/Agricultural to R- lb/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-lb in the zoning district as a conditional use. 3. In 1984, a Conditional Use Permit was issued for Wapiti Pazk Campground, subject to nine conditions. 4. Between 1984 and 1988, the Elk River Zoning Ordinance was amended to remove campgrounds as a Conditional Use in the R-lb zoning district and Wapiti Pazk Campground became a legal non-conforming use. 5. In 1998, the Conditional Use Permit for Wapiti Pazk was clarified, with the cooperation of the owner of Wapiti Park, and a notice was sent to campers setting forth requirements for campers at the Pazk. 6. In 1999, the Wapiti Pazk store building burned completely down. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of anon-conforming use destroyed beyond 50%. 7. In 2000, Wapiti Pazk Campground requested a Conditional Use Permit to rebuild the store building. Because the campground was no longer a conditional use, the application was treated as an application for an Interim Use Permit. Because it was anticipated that the campground would be sold and developed within 10 yeazs, the Interim Use Permit was approved for 10 years. 8. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Pazk Campground store building expired in April, 2010. 9. Wapiti Pazk Campground applied for a new Interim Use Permit for the store building, for an aclditiona! 10 yeazs, in June, 2010. 0. The purpose of this Agreement is to set forth the conditions for approval of the Interim Use Permit for the store building at Wapiti Pazk Campground and the term of the Interim Use Permit. Anuroval By Resolution dated April 18, 2011, [he City Council of the City of Elk River approved an Interim Use Permit for the store building at Wapiti Pazk Campground subject to the conditions set forth below and subject to Wapiti Pazk Campground, Inc. executing this Agreement. Agreement Wapiti Park Campground, Inc. and the City of Elk River hereby agree to the conditions set forth below: Conditions 1. The Interim Use Permit for the store building at Wapiti Park Campground shall be valid for so long as the Wapiti Pazk Campground is a legal use. 2. Wapiti Pazk Campground is currently a legal, non-conforming use and shall remain a legal use so long as: a) Wapiti Park Campground is licensed by the State of Minnesota as a recreational camping area pursuant to Minnesota Statutes, Chapter 327. i) Wapiti Park shall annually submit evidence to the City that it has renewed its license as provided in Chapter 327 and is in full compliance with all requirements and conditions for approval and renewal of the license as set forth by the Minnesota Department of Health. b) Wapiti Pazk allows only camping vehicles which comply with the definition of "recreational camping vehicle" set forth in Minnesota Statutes, Section 327.14. c) All vehicles in the campground, including all recreational camping vehicles, shall be operable and licensed as vehicles or camping vehicles at all times. No more than two vehicles shall be allowed per site. d) There shall be no structures within the campground other than: i) The store building which is the subject of the Interim Use Permit. ii) The owner's home located at iii) The barn. iv) The bathhouse and restroom buildings. v) One screen porch or breezeway per site, not to exceed 120 square feet in roof area. These structures shall not be attached to the recreational vehicle and cannot contain built in wiring. Existing structures which do not comply with these requirements shall be brought into compliance by September 1, 2011. vi) One storage shed per site, not to exceed 120 square feet of roof area which must be temporarily anchored and no closer than 10 feet from a camping vehicle. Existing structures which do not comply with these requirements shall be brought into compliance by September 1, 2011. vii) Skirting is allowed, but wheels must be left on all vehicles at all times and no skirting or insulation shall be permanently attached to vehicles or the ground. vii) One dog kennel per site of 120 square feet or less. e) All structures in the floodplain, including breezeways, porches, sheds, kennels, and recreational vehicles, shall have only quick disconnect utilities and shall be constructed and/or maintained so that they can be removed from the floodplain within 6 hours of notice from the City in case of a pending flood. f) No wood burning stoves shall be allowed in any vehicle or structure. g) The manure management plan dated , 2011 is complied with, or a subsequent manure management plan is approved by the City of Elk River. h) The debris management plan dated 2011 is complied with, or a subsequent debris management plan is approved by the City of Elk River; i) The onsite septic system is fully functional. i) Wapiti shall have the onsite septic system tested by an MPCA licensed septic system inspector by May 15, 201 l and shall have the system visually inspected every two yeazs thereafter, or such longer or shorter time as the city building inspector shall determine based on future test results. ii) [f the onsite septic system fails an inspection it shall be brought into compliance within 6 months as certified by a licensed septic system inspector. iii) If the septic system is not in compliance within 6 months of an initial failed inspection, the store building and the campground shall close immediately and shall not reopen unless and until the septic system has been certified as fully functional. j) The number of campsites at the campgrounds shall be limited to 109, including no more than 20 tent sites. k) The hours of operation of the store building shall be 8 a.m. to 11 p.m.. 1) There shall be only minor maintenance and repair of camping vehicles owned or rented by campers at the campground; m) The store building shall be used primazily by campers at the campground; n) Campers shall not reside at the campground for more than 360 consecutive days and no camping vehicle shall remain in the campground for more than 360 consecutive days. i) Campers who have stayed at the campground for 330 consecutive days, or whose vehicle has been in the campground for 330 consecutive days, will receive notice from Wapiti of the campers obligation to vacate the campground before the expiration of 360 consecutive days of stay; ii) Wapiti will maintain a "guest book" that documents the date of each camper's check in and check out and shall provide the guest book to the City upon request to confirm compliance with the condition that campers and camping vehicles not use the campground for more Wapiti Park Campground, Inc. and the City of Elk River agree that violation of any of the conditions set forth in this Agreement shall be cause for revocation of Wapiti Park Campground's conditional use permit and legal nonconforming use status, provided that such revocation may only occur pursuant to the procedures provided for in the Elk River City Code for revocation of a conditional use permit. 4. Wapiti Pazk Campground, Inc. and the City of Elk River agree that Wapiti Park Campground shall be a legal use for so long as the conditions set forth in this Agreement aze complied with. WAPITI PARK CAMPGROUND, INC. Tina Allazd, City Clerk By: CITY OF ELK RIVER John J. Dietz, Mayor GP:2957469 v3 Resolution No. City Council City of Elk River A Resolution of the Citv of Elk River Regardine the Interim Use Permit for the Store Building at Wapiti Park Campground Findings of Fact 1. Wapiti Park Campground has been located within the City of Elk River since the merger of the old City of Elk River and Elk River Township in 1978. 2. In 1983, Wapiti Pazk Campground was rezoned from A-1/Agricultural to R- 16/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow campgrounds in the R-Ib in the zoning district as a conditional use. 3. In 1984, a Conditional Use Permit was issued for Wapiti Pazk Campground, subject to nine conditions. 4. Between 1984 and 1988 the Elk River Zoning Ordinance was amended to remove campgrounds as a Conditional Use in the R-16 zoning district and Wapiti Park Campground became a legal non-conforming use. 5. In 1999, the Wapiti Pazk store building burned completely down. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of anon-conforming use destroyed beyond 50%. 6. In 2000, Wapiti Pazk Campground requested a Conditional Use Permit to rebuild the store building. Because the campground was no longer a conditional use, the application was treated as an application for an Interim Use Permit. Because it was anticipated that the campground would be sold and developed within 10 years, the Interim Use Permit was approved for 10 yeazs. 7. The 10 yeaz Interim Use Permit approved in April, 2000 for the Wapiti Pazk Campgound store building expired in April, 2010. 8. Wapiti Pazk Campground applied for a new Interim Use Permit for the store building, for an additional 10 yeazs, in June, 2010. 9. On August 2, 2010 the Elk River City Council granted a 10 yeaz Interim Use Permit (IUP) for the Wapiti Park Campground store building, subject to a number of conditions. One of the conditions was that the IUP would terminate on January 1, 2011, unless certain conditions set forth on the resolution of approval were addressed. 10. On December 20, 2010, the Elk River City Council extended the IUP for the Wapiti Pazk Campground store building to January 18, 2011, and directed City staff to prepaze a resolution for City Council consideration regarding the IUP. 11. Wapiti Pazk Campground is licensed as a "recreational camping area" pursuant to Minnesota Statutes, Chapter 327. "Recreational camping area" is defined by that statute as including: any azea, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more tents or recreational camping vehicles free of chazge or for compensation... 12. "Recreational camping vehicle", is defined by Chapter 327 to include the following: (a) any vehiculaz, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses; (b) any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation; (c) any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of aself-propelled vehicle; and (d) any folding structure, mounted on wheels and designed for travel, recreation, and vacation use. 13. Chapter 327 provides that recreational camping areas and recreational camping vehicles aze for "temporary", "travel, recreation and vacation" uses. 14. Chapter 327 of Minnesota Statutes also regulates manufactured home parks, which are intended for permanent occupancy by the residents of the manufactured home parks. Wapiti Park is not licensed as a manufactured home pazk. 15. In 1984, in connection with the application of Wapiti Park Campground for a Conditional Use Permit, staff research indicated that there were permanent residents living in Wapiti Pazk Campground and a number of vehicles and structures which did not conform to the definitions of recreational camping areas and recreational camping vehicles in Chapter 327. Conditions were included in the 1984 Conditional Use Permit incorporating the requirements of Chapter 327 into the Conditional Use Permit, requiring wheels to remain on vehicles parked in Wapiti Pazk Campground, and requiring that there be no permanent units for rental purposes. 16. In 2010, in connection with the application for a second ten year Interim Use Permit for the Wapiti Park Campground store building, City staff investigation and analysis, as well as testimony taken and information obtained during the public heazing process on the Interim Use Permit, has revealed that: a. Conditions number 8 and 9 of the 1984 Conditional Use Permit addressing compliance with Minnesota Statutes Chapter 327 have not been complied with; b. A number of campers/residents at Wapiti Pazk Campground have been residents there for a year or longer and consider it their permanent residence; c. A number of the camperslresidents aze not at Wapiti Park solely for travel, recreational and vacation purposes; d. A number of the vehicles located at Wapiti Pazk Campground aze unlicensed and taxed by Sherburne County as mobile homes; e. There are a number of environmental and health concerns regarding the operation of Wapiti Park Campground, including compliance of the septic system with state standards and the provision of adequate facilities for the disposal of manure and solid waste. These issues aze of particulaz concern because of the immediate proximity of the Elk River and the possibility of sewage, manure and solid waste flowing to or being deposited in the river. f. There are a number of public safety concerns regazding the operation of Wapiti Pazk Campground, including a large number of police calls to the campground, many related to the issue that Wapiti Park Campground and the vehicles and structures located there are not intended for permanent residency. 17. Despite efforts by City staff to work with representatives of Wapiti Park Campground, the City Council finds that none of the seven conditions adopted by the City Council on August 2, 2010, have been met, as follows: 1. No verifiable plan has been submitted by Wapiti Pazk Campground, nor approved by the City Council, to ensure that permanent residents will not live at the recreational camping facility; 2. No report has been submitted verifying that the on-site septic system is designed to be functional year round and remains fully functional; 3. No manure management plan has been submitted or approved; 4. No debris management plan has been submitted or approved; 5. No evidence has been submitted that Wapiti Pazk Campground is in compliance with all outstanding violations as identified by the state Department of Health inspector; 6. Structures and vehicles located in Wapiti Pazk Campground which do not fall within the definition of recreational camping vehicle in Minnesota Statutes, Chapter 327 have not been removed. In fact, at least four vehicles have been confirmed by Sherburne County to be unlicensed and currently taxed as mobile homes; 7. Wapiti Park Campground has not come in to full compliance with conditions 8 and 9 of its 1984 Conditional Use Permit, in that the requirements of Minnesota Statutes for recreational camping azeas have not been complied with and a number of vehicles in Wapiti Pazk Campground have the wheels removed and aze being used as permanent residency units. Therefore, Wapiti Pazk Campground is not in compliance with the requirements of its 1984 Conditional Use Permit. Record The record in this matter shall include all of the materials submitted to the Planning Commission and the City Council in connection with the June, 2010 application of Wapiti Pazk Campground fora 10 yeaz Interim Use Permit, including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the IUP, all of which is incorporated and made a part of the findings of fact and this resolution. Decision Based on the Findings of Fact set forth herein, and the record in this matter, the City Council of the City of Elk River determines that Wapiti Pazk Campground has not complied with the conditions set forth by the City Council on August 2, 2010, and that the Interim Use Permit for the Wapiti Park Campground store building will therefore expire on January 18, 2011. THIS RESOLUTION PASSED AND ADOPTED this 18th day of January, 2010. John J. Dietz, Mayor Tina Allazd, City Clerk GP:2914385 vl TO: City of Elk River Nicki Blake-Bradley, Environmental Division FROM: Wapiti Park Campgrounds, Inc. Juanita Glenn 18746 Troy Street Elk River, MN 55330 RE: Debris Management Plan for Wapiti Park Campgrounds, Inc. DATE: March 31, 2011 Overview: Wapiti Park Campgrounds, Ina ("Wapiti") is a recreational campground with 109 campsites and 20 tent sites. Wapiti also has a building that it uses as an office, laundry, restaurant and bar. Wapiti has five (5) garbage receptors (two 6 yard receptors and three 4 yard receptors) located next to the building and throughout the property. The receptors are serviced once a week by ACE Solid Waste, Inc. Campers are responsible for disposing of their trash in one of the five receptors. Rules: Wapiti shall amend the rules that it provides to every camper to include the following: "Wapiti Park requires all campers maintain their campsite in a manner that complies with Elk River city ordinances and Minnesota State Law. Campers are prohibited from: 1. Burning any waste or garbage materials including, but not limited to, treated lumber and tires; 2. Stockpiling either white (appliances) or brown (electronics) goods; 3. Littering; 4. Burying or depositing waster in the river or floodplain areas; 5. Dumping hazardous wastes including, but not limited to, vehicle fluids, filters, pesticides and herbicides; 6. Disposing of tires in garbage waste receptors; 7. Improperly storing propane tanks; 8. Disposing of vehicle batteries in garbage waste receptors; and 9. Disposing of construction or demolition debris in garbage waste receptors. Campers found to be in violation of any of the above referenced rules shall be subject to the following: 1. First Offense: Warning from Wapiti Park staff; 2. Second Offense: Fine in the amount of $25.00; 3. Third Offense: Fine in the amount of $100.00; and 4. Fourth Offense: Offender must vacate Wapiti Park within 24 hours and violations shall be reported to the appropriate authorities. In order to further maintain the cleanliness of Wapiti Park, each camper shall maintain their own refuse container on their corresponding campsite. Recycling is available at the Wapiti Park office." TO: City of Elk River Nicki Blake-Bradley, Environmental Division FROM: Wapiti Park Campgrounds, Inc. Juanita Glenn 18746 Troy Street Elk River, MN 55330 RE: Manure Management Plan for Wapiti Pazk Campgrounds, Inc. DATE: March 31, 2011 Overview: Wapiti Pazk Campgrounds, Ina ("Wapiti") maintains horses and numerous other animals, including peacocks and chickens, on its property. The animals are centralized in an area of the property that includes a barn and pasture for the animals to roam freely. The animals are not allowed to wonder into camping areas. Wapiti staff scrapes the barn area as necessary and collects manure into compost piles within the barn area. Staff spreads the manure throughout the pasture where it incorporates into the soil. Neither the barn nor pasture is located near any the intakes or point sources that could be potentially contaminated by run-off. All manure shall be composted prior to placement on the pasture and be odorless, so as to not constitute a nuisance. Contingenc~an: Wapiti has devised the following contingency plan to dispose of excess manure that fails to reincorporate with the soil in the pasture. The transporting of any manure would be accomplished by placing all excess manure into industrial sized drums that aze properly sealed prior to transport to one of the following destinations: 1. Wapiti has an agreement with Rick and Mike Bickman, owners of local farmland, to dispose of any excess manure on fields owned by them in Elk River, including those located at 14866 Highway 10, Elk River, MN 55330; and 2. Wapiti could also transport any excess manure to the Elk River landfill for disposal.