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RES 11-43Resolution No. l 1- 43 • Cit Council Y City of Elk River A Resolution of the City of Elk River Regarding the Conditional Use Permit for Wapiti Park Campground Findings of Fact 1. Wapiti Park Campground has been located at 18746 Troy Street 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 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 the owner, Roger White requested a Conditional Use Permit under the City's Zoning Ordinance. Following public hearings, at which Mr. White and his attorney participated, the City Council on May 7, 1984 issued a Conditional Use Permit for Wapiti Park Campground, subject to nine conditions. During the proceedings before the City Council, Mr. White stated that the purpose of the Campground was "to provide a place for people who travel while they work and that they are in no way promoting permanent residents." Extensive discussion occurred in which all parties agreed that permanent residents were not to be a part of the Campground operation and the City Council adopted State Regulations to that end which limits vehicles present to be for temporary occupancy. The Campground has been operated by the owner under the Conditional Use Permit since its issuance, with no challenge to its efficacy or conditions until this proceeding. 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 Park Campground became a legal non-conforming use subject to the 1984 Conditional Use Permit and the owners continued to operate under the Conditional Use Permit. 5. In 1999, the Wapiti Park store building, operating under the non-conforming Conditional Use Permit, burned and was completely destroyed. At that time, the Elk River Zoning Ordinance did not allow the reconstruction of anon-conforming use destroyed beyond 50%. 6. In 2000, Wapiti Park Campground requested a Conditional Use Permit to rebuild the store building. Because conditional use permits could no longer be issued for campground uses, the application was, with the applicant's consent, treated as an application for an interim use permit. Because the owner anticipated that the campground would be sold and developed within 10 years, the Interim Use Permit was • approved on April 17, 2000 for a ten (10) year period or until the property was sold, whichever occurred first. • 7. The 10 year Interim Use Permit approved on April 17, 2000 for the Wapiti Park Campground store building expired on April 17, 2010. 8. Wapiti Park Campground Inc. ("Applicant") applied for a new Interim Use Permit for the store building, for an additional 10 years, in June, 2010. Public hearings were held on the application for an Interim Use Permit before the City Planning Commission and the City Council. The Planning Commission and the City Council took testimony at these hearings from the Applicant and all others wishing to testify. 9. On August 2, 2010 the Elk River City Council granted a 10 year 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, 201 1, unless certain conditions set forth in the resolution of approval were addressed. 10. On December 20, 2010, the Elk River City Council extended the IUP for the Wapiti Park Campground store building to January 18, 2011, and directed City staff to prepare a resolution for City Council consideration regarding the IUP. 11. On January 18, 2011 the IUP was extended to March 21, 2011. 12. On March 21, 2011, the attorney for Wapiti Park, due to illness, requested an • extension of the IUP, which the City Council granted to Apri14, 2011. 13. On April 4, 2011, the IUP was extended to April 18, 2011. 14. On April 18, 2011, the Elk River City Council adopted City Council Resolution Number 11-17, finding that the Applicant had not complied with the conditions set forth in the City Council's August 2, 2010 conditional approval of the new Interim Use Permit for the store building, and that the Interim Use Permit for the Wapiti Park Campground store building therefore expired on April 18, 2011. The City Council also directed City staff to initiate revocation proceedings for the Wapiti Park Campground Conditional Use Permit. 15. The Conditional Use Permit ("CUP") approved for Wapiti Park Campground in May 1984 was subject to nine conditions. The conditions included a condition that wheels remain on vehicles parked in the campground and a condition that the provisions of Minnesota Statutes, Section 327.10 through 327.28, pertaining to recreational camping areas and recreational camping vehicles, shall apply and be conditions within the City's Conditional Use Permit. 16. Minnesota Statutes, Chapter 327, defines "Recreational camping area" as including: • any area, 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 charge or for compensation... 17. "Recreational camping vehicle," is defined by Chapter 327 to include the following: (a) any vehicular, 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. 18. Chapter 327 provides that Recreational Camping Areas and Recreational Camping Vehicles are for "temporary," "travel, recreation and vacation" uses. 19. Chapter 327 of Minnesota Statutes also regulates Manufactured Home Parks, which allow the location of Manufactured Homes, which, in contrast to Recreational Camping Vehicles, may be used for "dwellings" and are intended for permanent occupancy. To operate a Manufactured Home Park a license from the State of Minnesota • is required. Wapiti Park is not licensed as a Manufactured Home Park. 20. Minnesota Statutes, Section 168.002, Sub. 27, defines "Recreational Vehicle" as follows: Subd. 27. Recreational vehicle. (a) "Recreational vehicle" means travel trailers including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters. (b) "Recreational vehicle" is a vehicle that: 1. is not used as the residence of the owner or occupant; 2. is used while engaged in recreational or vacation activities; and 3. is either self-propelled or towed on the highways incidental to the recreational or vacation activities. 21. The City Code in 1984 set forth as a required finding for approval of a Conditional Use Permit that the use will not endanger, injure, or detrimentally affect the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the City. That requirement for approval of a Conditional Use Permit • remains in the City Code today. 22. On August 17, 1998, the CUP was clarified, with the agreement of the owners of • Wapiti Park Campground, and the following rules were agreed on: o storage sheds with 120 square feet of roof area or less will be allowed; o breezeways or screened porches with a maximum of 120 square feet of roof area will be allowed, provided they are constructed to be portable and are not connected to the recreational vehicle; o no wood burning appliances will be allowed within vehicles, breezeways, or porches; o an emergency plan to remove all structures and vehicles from the floodway upon six hours notice would be submitted for approval; o all structures that do not conform to these (1998) rules or that are dangerous would be removed; o a minimum 10 foot distance would be maintained between vehicles and/or structures; and o no licensed or inoperable vehicles would be allowed. 23. Staff investigations in recent months indicate that there are several storage sheds which exceed the 120 square foot maximum and/or are within 10 feet of a recreational vehicle or vehicle being used as a residence; that there are a number of screened porches and other additions that exceed the 120 square feet in roof area maximum and/or are connected to a vehicle; that there are several unlicensed vehicles and/or vehicles without wheels within the campground; and that there has never been an emergency plan for removal of the structures and vehicles submitted for approval. 24. On June 20, 2011 the Elk River City Council held a public hearing, upon personally delivered notice to Wapiti Park Campground, Inc., to address whether Wapiti Park Campground is in compliance with the conditions set forth in the CUP for the Campground. On June 27, 2011, the Elk River City Council continued consideration of revocation of the CUP for a decision on July 18, 201 1, and directed that the record in the matter be open for the submission of written materials until July 11, 2011. In addition to the testimony taken, staff reports presented and other evidence received at and since the June 20, 2011 hearing, all of the application materials, staff reports, testimony taken and other evidence received in the course of the City Council's consideration of the IUP and liquor licenses for the store building at the Campground were incorporated into and made a part of the record in the revocation proceeding. 25. Based on this record, the City Council finds: A. That Wapiti Park Campground is not in compliance and has violated the conditions of its CUP for at least the following reasons, including: o The provisions of Minnesota Statutes, Chapter 327.10 through 327.28 pertaining to recreational camping areas and recreational camping vehicles are not being complied with. • • o Vehicles and structures within the Campground are being used as the residence of the owners or occupants. o Residents have indicated in their testimony to the Planning Commission and City Council, and to police officers taking reports, that they make their residence at Wapiti Park Campground. o A former resident has indicated to the City that the Campground has mostly permanent residents, including residents who have lived at the Campground for 10 or 15 years, or longer. o Sherburne County Probation has reported that in the past five years 23 probationers have identified Wapiti Park as their permanent residence. o The level of police calls for service and the types of calls for service to Wapiti Park Campground are comparable to some apartment complexes in the City, including frequent calls with respect to domestic abuse complaints. This indicates that the Campground is serving permanent residents, not recreational campers there for travel, recreation or vacation uses. o The owner has offered no evidence and does not refute that the • Campground is being used as a residence for some occupants. o Sherburne County has confirmed that at least four motor vehicles at Wapiti Park Campground are not licensed for travel on public roads. o At least two of the vehicles at the Campground have permanent additions attached to the vehicles (including one vehicle with two additions), indicating that they are not intended for travel, recreation, and vacation. These structures are also in violation of the State Building Code. o Several vehicles have permanent skirting, which makes it impossible to determine if the wheels have been removed. Removal of wheels violates a specific condition of the Conditional Use Permit and indicates that the vehicle is not intended for travel, recreation, or vacation uses B. That Wapiti Park Campground is a threat to the public health, safety, morals, comfort, convenience, and general welfare of the residents of the Campground, the neighborhood and the City for at least the following reasons: o The freestanding and attached structures at the campground are a public safety concern both from a structural integrity standpoint and as a fire hazard. City records do not show that any building permits have been • applied for or issued for these structures, nor that any inspections have been called for or done. • o The integrity of the septic system serving the campground is a public safety concern because the owners of the campground have refused to have the septic system inspected by a licensed inspector to confirm that it is functioning and in compliance with state standards. This is of particular concern because of the proximity of the septic system to the Elk River and the possibility of sewage flowing into the river. o The large number and type of police calls to the Campground are a public safety concern. Elk River Police Department records indicate that calls for service include calls for assaults, including an assault on the campground manager, fighting, domestic disturbances and assaults, public intoxification and personal injuries. C. That, based on the entire record before the City Council and the findings of fact set forth herein, Wapiti Park Campground is not being operated in conformance with Minnesota Statutes, Chapters 327 and 168, or the conditions of the Conditional Use Permit, and is therefore an illegal use under both state law and the Conditional Use Permit. Record The record in this matter shall include all of the application materials, staff • reports, testimony taken and evidence received by the Planning Commission and the City Council in connection with the June, 2010 application of Wapiti Park Campground for a 10 year Interim Use Permit, the applications of Wapiti Park Campground, Inc. for liquor licenses, and the revocation proceedings which are the subject of this resolution, including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, including without limitation, minutes of the City Council and Planning Commission in connection with the Campground and all staff presentations and other testimony taken at the public hearings and meetings, all of which is incorporated into and made a part of the findings of fact and this resolution. Decision Based on the Findings of Fact set forth herein, and the entire record in this matter, the City Council of the City of Elk River determines that Wapiti Park Campground has not complied with and is in violation of the conditions of the Conditional Use Permit for the Campground, known as Wapiti Park Campground located at 18746 Troy Street, and that the Campground is an illegal use under Minn. Stat Chpt. 327, and therefore revokes the Conditional Use Permit for Wapiti Park Campground. Revocation of the Conditional Use Permit shall be effective on December 31, 2011, unless operation of the Campground • comes into compliance with the Conditional Use Permit and Minn. Stat. Chpt. 327, • before that date, by: a) Submitting evidence to the City that it has renewed its license under 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) Removing all vehicles from the Campground which do not comply with the definition of "recreational camping vehicle" or "recreational vehicle" set forth in Minnesota Statutes, Section 327.14 and 168.002, subd. 27. c) Removing all motor vehicles from the Campground which are not operable and licensed as recreational vehicles or recreational camping vehicles. d) Removing all structures from within the Campground other than the store building, the owner's home, the barn, and the bathhouse and restroom buildings. e) Having the onsite septic system tested by an MPCA licensed septic system inspector and bringing it into full compliance with State regulations and City Ordinance. f) Submitting a plan, which must be approved by the City Council, for verifying • that campers are not making vehicles, structures or tents within the Campground their residence. THIS RESOLUTION PASSED AND ADOPTED this 18th day of July, 2011. 9 Tina Allard, City Clerk Jo J. Die z, yo •