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7.4. SR 04-21-2014 City of Elk - Request for Action River O. To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearinj Aril 21, 2014 Chris Leeseber ,Park Planner- Planner Item Description Reviewed by Interim Use Permit:Juanita Glenn on Behalf of Jeremy Barnhart,Deputy Director, CODD Wapiti Park to Allow Accessory Use Reviewed by Peter Beck, City Attorney Cal Portner, City Administrator Action Requested Adopt,by motion,a resolution denying approval of the Interim Use Permit for the following reasons: 1. The applicant has failed to provide documentation that the on-site septic systems at Wapiti Park have been inspected and certified to be in compliance with state statutes and administrative rules. The city is prohibited by state law and city ordinance from approving any permit,including the Interim Use Permit,if the septic systems have not been inspected and found to be in compliance with the current state standards. 2. The applicant has failed to provide updated site plans showing that the driving and parking areas for the store building will be defined by concrete curb and gutter as required by Section 30-901 of the City Code. Background/Discussion Staff presented the proposed project to the Planning Commission and stated that the septic system must meet the current guidelines for the city to approve a permit. No documentation was submitted showing the septic system had been inspected and certified. An extension has not been requested by the applicant. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. Peter Beck, City Attorney,informed the Planning Commission that he had received an email from Jim Robin,Wapiti's attorney, stating that he meant no disrespect but he would not be attending the Planning Commission meeting on April 8, 2014. The Planning Commission unanimously recommended denial of the request for the reasons stated. Financial Impact None Attachments • Planning Commission Memo dated April 8, 2014 • Resolution of Denial • Staff Comment Letter dated February 21, 2014 P a w E A E U s r NaA f RE] • Letter from Wapiti's attorney,James Robin,dated February 26, 2014 • City Attorney Letter dated,March 14, 2014 • Email correspondence between City Attorney and Applicants Attorney N:\Public Bodies\Agenda Packets\04-21-2014\Final\x7.4 sr Wapit Park IUP denial.docx C'�ty of "f Request for Action Piver Item Number Planning Corricrtission 15.1 Agenda Section Meeting Date Prepared by Planning Items April 8, 2014 Chris Leesebcrg, Park Planner- Planner Item Description Reviewed by Request by juanita Glenn on behalf of Wapiti Park Jeremy Barnhart, Deputy Director, CODD for an Interim Use Permit to utilize existing Reviewed by building for store building---- 18746 'Froy St. NW, peter Beck, (',Ity ,Attorney Case No. CU 14-08 — Public Hearing, continued from March 11, 2014 Action Requested Deny, by motion, apPrOjTal of the Interim Use Permit for the following reasons: 1. The applicant has failed to provide documentation that the on-site septic system.,, at Wapiti Park have been inspected and certified to be 1.11 compliance with state statutes and administrative rules. 2. The applicant has failed to provide updated site plans showing that the driving and parking areas for the store building will be defined by concrete curb and gutter as required by Section 30-901 of the City Code. Background/Discussion The Wapiti Park Campground (Campground) is located entirely within the Ciq,'s Shorcland Management Overlay Zoning District. Because the Campground is located in this district, the septic systcrris serving the campground must ti-icet the current requirements of Minnesota Statutes and IMPCA regulations, before a permit of any type may be approved for use of the property. This includes the Interim Use Permit for the store building. An analysis of the applicable regulations and their impact on the Campground is included in the attached letter form the City Attorney to the Campgrounds attorney, dated March 14, 2014. Pursuant to the applicable statutes and regulations, the septic systerris serving,, the Campground must be inspected and certified to be in compliance with state, statutes and administrative rules before the Interim. Use Permit can be apptovcd. The City A.ttorney's letter outlined a process for how the applicant could extend the time period for consideration of the Interim Use permit application if they did not have enough time to provide inspection and certification documentation for the April 8, 2014 planning Cottirni'ssion meeting. The applicant has not provided any documentation that the septic systems have been inspected and certified to be in compliance with 'Minnesota Statutes and administrative rules, and has not submitted a written request to extend the time for Planning Commission review and City Council action on the Interim Use permit application. Because of this, an Interim Use permit inay not be approved and the Planning Commission should reconitnend denial of the Interii-i-i Use Permit to the City Council. Financial Impact None P 0 0 1 R 1 0 0 V NATURE Attachments • Location Map • Applicants Narrative darcdjanuary 22, 2014 • Applicants aerial photo of the property • Applicants buildilig plan Applicants site map Letter of Complete dated February 10, 2014 Staff Cornmcnt Letter dated February 21, 2014 Letter from Wapiti's attorney,james Robin, dated I`cbruary 26, 2014 City Attorney Letter dated, March 14, 2014 N:\DCj1AT'[III(IItI\(�01"ITRH]it� D", F&O UP\(.0 14-08\Vapili\ 14-0.X8 SR Wapiti PC 04-8-14,d,w\ January 22, 2014 Wapiti Park is a campground that has been in the city of Elk River for over 40 years. It is a privately owned business that provides places for the public to come and enjoy the river and the out of door. We are proposing an interim use permit for the use of our office and recational building, which was built in the year 2000, after a fire of our original building. We have been using this building for the last 14 years, which was inspected by the city of Elk River and approved. We are asking for another interim use permit for this building, which we would like it last at least until the property may be sold, and closed upon. Our hours of operation are Monday thru Sunday, 7 days a week, from 8 am to 8 pm, Sunday thru Thursday and 8 am until 11pm on Friday and Saturdays. There is one employee in the office, that registers campers and sells for the convince of the campers, pizzas, pop, chips, ice cream, and ice and misc. items that the camper may have forgotten. Our office building also contains our laundry center for the campers use. We also allow families to have birthday parties and anniversary parties and a place where people can meet and make new friends. Also, all of our office files are kept in the office. Which is a quick convince when requested by Law enforcement officials. We have parking in front of our building and along side for those who need to use it we also have a designated handicap parking space. We have one sign in our pasture seen from the road, a sign at the entrance to our park welcoming campers, an office sign by the building and two signs telling all campers they must register at the office, we also have a stop sign, speed limit signs and all sites are marked. 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'1.�, -�ny'""'''y"? 4 ,c.= „' 's ..h %.x.," ,;:5?7,r `.+. r3+i''r�t`7r .„wry r "a` 4 l' (AY of El River" Febniary 10,2014 juanita Glenn VIA EMAIL: email wapitipark85(&.yahoo.com 18746 "rod= St N\X,' Flk ffiver, NIN 55330 RE:Wapiti Park—Interim Use Permit Application Complete Dear N1s. Glenn, Thank you for your application for an Interim L.1,,se Permit to utilize your existing building at 18746 Troy Street for office and recreational uses. I will be reviewing your application and preparing the staff report for the planning Corrimission and City Council. I can be, reached at 763.635.1033 or 1)), email at On January 17,2(,')14 the city received your application for the above use. Per state statute 15.99,the city is required to make a decision' ithin 60 days of receipt of a completed Interim t.isc SubdAlision 3 of that section reqL11'res the city to iiofi6,, 111111 it L Si 1 an applicant ithil 15 1) Isiness days 'f infon-nation is missing,delaying the start of the 60 day review Period. ik city,may extend the 60 day revic"W period Lip to 120 days to complete the review. \N,'irli the receipt of-the required materials on January, 17,2014,the application for an Interim LNc Pcn-nit has been deemed complete,and the 60 day review period starts. This application has been assigned case number CL7 14-08 and is scheduled to be revicwcd by the Planning Con-u-nis-sion on Nlarch 11,2014,at 6:30 p.m. at the I:lk River City I lall,13065 Orono Parkxvay \N,"ith a Planning Commission recommendation on that(late, the City Council will rcncw your application no earlier than Nlarch. 17, 2014, Staff is revic,,ving your application and will prepare a con-inient letter and forward it to you.Please let me known if you have any questions. Sincerely, Chris Lceseberg, Park Planner/Planner Ph: 761635.1033 Fx: 763.635.1090 c I ceso.,b e Eg'4) 13065 Orono Parkway Elk River,MN 55330 Phone: 763,635.1000 Fax: 763.6351090 NATURE W. Elk RiVe,r 13065 Orono Pai Im a I�A Rix cr,NIN 5533C February 21, 2014 VIA EMAIL: wapitipark85(q�yahooxorn Juanita Glenn 18746'1'roy St NW Flk River, NIN 55330 Re: Interim Use Permit Request—Wapiti Campground Comment Letter Dear Ms. Glenn, Thank you for the information you have provided for your Interim [3se permit (I t-11)) for tile store building at Wapiti Campground. City, staff has conducted a review of the materials submitted on January 17, 2014. The following;information is required in order to develop a staff report which property evaluates your application and completely informs the Planning Corntnission and City Council. Your submitted narrative and floor plan indicate that the store building includes a laundry, toilet, and shower. Your site plan indicates that additional shower facilities and portable outhouse (Satellites) facilities are also provided. There is no indication as to how the waste water for these facilities is to be handled. City staff has determined the following additional information is necessary. Waste mana4anent 1. What type of scl-,)tic :systc1-n is being utilized for the laundry roorn, restroom, and shower waste water? 2. Where is the septic system/drain field located? 3. What is the size of the septic system/drain field and its capaclo,? 4. When was the septic system built? please provide us built plans for the system and a cop), of the original permit allowing installation. 5� When was the septic systern last inspected by a state licensed inspector? ])lease provide a copy of the inspection report. 6 ire there other state licensed required facilities, such as toilet or shower facilities, other than those in the Store building, tied into the store building waste water system or the septic systern which serves it? T i\re the Satellites and Showers, as shown on the site plan, state licensed required facilities-? 8. Where does the waste water from the Satellites and Showers go? 9. "ire the Satellites and Showers tied into the store building waste water system? 10, z\rc there other state licensed required facilities that generate waste water that are not shown Phone: 763.635.1000 1 R I 1 0 V Fax: 763.635.1090 JNAMRE ,A,ww.1.1kRiver.\1N,gov on the site planP 11. please provide a narrative and detailed site plan indicating [low all waste water on the site from any source is being handled, including waste water from the store building, additional showers, portable outhouses (Satellites), trailers, recreational vehicles, and camp sites. Storm Water Management 12. Your narrative indicates parking areas, but the site plan does not show these locations. Please provide a site plan showing the location and dimensions of the defined parking lot. The city ordinance requires all driving areas and parking areas by bound by concrete Curl) and gutter to control storm water runoff please show the location of the proposed curt) and gutter on the site plan and the proposed storm water management facilities. Sigyna 13. Your narrative indicates several signs on site. Please provide Lis a list and dimensions of all freestanding signs greater than four (4) square feet serving the property. Accessoa, Structures (sheds, barns, etc.) 14. The site plan shows what appears to be two (2) storage buildings and one barn. ]',lease provide a site plan showing the size and locations of all detached accessory structures on the property. Please provide a written response letter arid all drawings and plans, along with the requested inspection report (itetn 4), by 12.00 p.m. March 3, 2014, for inclusion in the March 11, 2014, Planning Coti-in-iission staff report. If you have any questions I can be reached at 763.635.1033. Sincerely, Chris Leeseberg, Park Planner/Planner Ph- 763.635.1033 Fx: 763.635.1090 cleesebergCq)T'1Ij6,ei:NIl .g(yv CC: peter Beck, Beck Law Office James Robin, Wayzata Laxv Group i I���1i0r l�mri�rrlGira�i�rr/my r�i�p,��% JANILS G.ItfiBIN 1 IRF(I t7ahl.: 952.47 ,0987 E-MAIL: probiii(c�)w.iyZ at�ila",gi-oLip.coi�ii 1#ebRiary `6, 2014 N71A US AIAIL City of Elk River Attu; Chris Leeseber 13065 Orono Parkway Elk river, MN 55330 Re: Wapiti Park Campground round Interim Use lPerni t Request Dear Mr. 1.ccseber, , I am the attorney for Ms. White, Ms. Glenn and Wapiti Campground, l write in response to y'c>ur letter dated February 21, 2014, and the clEtcstiot7s raised therein. 1. The septic system servicing; the building consists of two tanks and a drain field on the north side of the building. 2. North side of the building f i 3. 1 would imagine that the city has records of,the size. All any clients' know is that it �\{ts sized fdr the much larger building that burned. 4. Neidwr Ms. White tior Ms, Glenn know when the septic system was built. Neither do they have"as built" plans or a copy of the original permit. 5. Neither Nis. White nor r0s. Glenn have a copy ofan inspcctiol� report. 6. No facilitics other than those in the store building are tied iaato tlac building's septic. system. 7. Yes 8, The waste water is handled by a septic system that is totally separate from the store btatlding's septic system. 9. No 10. No, i i 11. As indicated above, the waste water from shower building and the store building are handled by two separate septic systems. The waste •orn the satellite (there is only one), and camp and RV sites is handled by a third and separate septic system. 12. There is no curb and gutter proposed. There are no paved roads or parking lots within the campground. 13, There have been no changes to any signage and none are proposed. 14. There have been no changes to any accessory structures and none are planned. If the above information does or satisfy Wapiti's requirements, please call file. Sincerely" :lames G. Robin JGR,/djr cc Juanita Glenn Lorraine White 2 Leesebef% Chns_.,.., From: Peter Beck <Peter@peterbecklaw.com> Sent: Friday, March 14, 2014 4;25 PM To: drobin@wayzatalawgroup.com CC: Leeseberg, Chris; Ruprecht, Bob;George Hoff; Barnhart,Jeremy; Portner, Cal Subject: Wapiti Park Campground ILJP Application Attachments: Sc,an0142.pdf Nlrr. Robin, Attached is the letter Nve spoke about a few iMinutes ago,outlining the applicable regulations and requirements for the W'apit.i Park I Up. Original addressed to_1irn Will go Out in today's mail. Please give tne a call if you have any questions. Peter Beck 2600 US Bancorp (,'enter 800 Nicollet Mall Nfinneapolis,MN 55402 (612) 991-1350 pe ter L��1)etc rbeckla w.corn This message is from a law office, and thus; may contain or attach C(r),ifidential infortnation or an attorney-client corninunication that is confidential and privileged by law. It is not intended for transmissioll to , or receipt by,any unauthorized person. If you believe that you have received this message or any attachment in error, simply o]ieletc' both from vour system without reading or copying, and notify the sender by e,-snail or bye calling (612) 991-1350. Thank you. BECK, I-AW OFFICI,-. 2600 US Banccnp CeMei cxxn 800 N�(A)Oel NIVI A t t o 612 991 135C NIN 55402 vNvw p,%mb(�ckfa� ccm March 14. 20 14 Jarnes G. Robin Wayzata Law 6roup 1967 East Wayzata Boulevard, Suite 170 Wayzata, MN 55391 Re; Wapili Park Campground Interim Else Permit Request Dear Mr. Robin: By letter dated February 21, 2014, Elk River Planning Staff requested that Wapiti Park Campground subirrit additional inforrnation regarding waste water management for the store building. By letter dated February 26, 2014, you responded that the store building is served by a septic system consisting of two tanks and a drain field on the north side of the building, but that the applicant does not have records as to tire size of the systern, does not know when the system was built, does not have any plans or any copies of any peri-nits for the system and does not have copies of any inspection reports, Ibr the system. You also indicated that there are two additional septic systems on the campground property, but also provided no information as to the size., installation date, plans, permits or inspection records for these systerns. Wapiti Park Campground is located entirely within the City's Shoreland Managetrient Overlay Zoning District. Attached is that portion of the City's Shoreland District Zoning \4ap wvhicfi covers the Canipground property. As you can see, a portion of' the Campground falls within the shoreland area located within 1,000 feet of Orono [,,ake-I and the balance of the Campground property falls within [tic, shoreland area located within 300 feet of the: F.1k River. The 'City, is required, by Minnesota Statutes, Chapter 1031° and Minnesota Rules, Pails 6120.2500 to 6120.3900, to adopt shoreland zoning regulations that comply with the State statute and regulations. The (Ity has done so, in Section 30-1961, et seq.. cal,.the City Code of Ordinances. These regulations govern all land uses located within shoreland areas,, including those located within 1.000 feet, of lake or within 300 Feet of a river. Minnesota RLdCS,, l-art 6120-3400. Subpart 3(13) requires that: All private seNvage treatnierit systerns must meet or exceed applicable rules of the Minnesota Departi-Ticrn of Health, the Minnesota Pollution (.'ontrot Apcy, C en specifically Chaptcr7080 for individual sewage treatment systems., and any applicable local government standards. James Cy. Robin March 14, 2014 Page 2 Minnesota Rules, Part 6120.3400, Subpart 3(D) requires that: D. Local governments must develop and implement progranis to identit)y and upgrade sewage treatment systems that are inconsistent with the sewage, treairnent system design criteria identified in iterli B, exclusive of the appropriate setback from the ordinary high water level in itern C. These programs must require reconstruction of existing nonconforming sewage systems whenever a permit or variance of any type is required for aiiy iniprovernem on, or use of'- the property, and must include at least one of the following approaches: (1) a systematic review of existing records to determine which systems, in the Jurisdiction are nonconfiorining and requiring reconstruction when practicable; (2) a systematic on-site inspection program including all properties where adequate record of conformance does not exist, identifying nonconforming or illegal systems and reqUiring reconstruction when appropriate; 1-he requirernems of Minnesota Statutes, Chapter 103E and Minnesota Rules, Part 6120.3400, Subpart 3, are implemented in the Cit y's Shoreland Ordinance, including Section 30J-1986. Section 30-1986 of the Shoreland Ordinance governs nonconformities within shoreland areas, Section 30-1 986(3) governs nonconforming sewage treatment systen-is and provides, in part, that: A sewage treatineW systern not ineeting the reqUirernen-ts otSection 30-2028 shall be upgraded,, at a minunurn, at any time a pen-nit or variance of any type is I'CqUired for any improvement on, or use of, the property. Section 30-3028(b)(2) provides: (2) All private sewage treatment systems shall meet or exceed the state, pollution control agency standards, for individual sewage treatmetit systems contained in the document titled "Individual Sewage Treatment System Standards, Chapter 7080," a copy of` which is hereby adopted by reference and declared to be a pan ofthis division. "'Individual Sewage, Treatinent, System Standards, Chapter 7080" is a reference to hapter 7080 of the Minnesota Administrative Rules, which regulates individL1,11 subsurface sewage treatment systems. Hiese Rules were adopted by the Minnesota I)ollution Control Agency purSUant to N4innesota Statutes, Section 115.55, which requires all counties to I adopt ordinances that at coply With 111C Subsurface sae w age treatnient system rules. Sherburne County has done so. in Section 17.5 of the County Code. Pursuant to Minnesota Statutes,, Section 115.S5, tlie Sherburne C.'ot.iiityordiiiauiiec applies ii-i tine. C ity of lk River. James G. Robin March 14, 2014 Page 3) By virtue of Minnesota Stattiles, ('hapter 113F, Klinnesota Rules. Part 6120,3400, and Section 3 0-1986 ofthe City's Shoreland Ordinance implementing that State Statutes and Rules, the sewage treatment systems Serving Wapiti Park CanlpgTOUnd, if they do not meet, the current requirements of Minnesota Statutes, Section 1 1 5.55 and the MPCA subsurface sewage treatment system rules, must be upgraded before a permit of any type may be approved t6r use of the property. This includes the Interint Use Permit lot- the store building. The first step is to determine whether the existing septic systems at tile campground meet the current state standards. The compliance inspection requirements and processes are set forth iri Chapter 7080 of the; Mirmesota Administrative Rules. These regulations include inspections by a certified inspector. The pending application for all Interim Use Permit is currently scheduled to be heard by the Planning Commission on April 8, 2014, If the septic systems cannot be inspected and certified i to be in compliance with state statutes and administrative rules by then, the Planning Commission will not be able to recommend approval of the Interim I..Jse Permit, and the City Council will not be able to approve the Interim Use Permit, as the septic systerns are required by Minnesota Statutes and Rules. and City and County Ordinances, 'to meet: the requirements of the regulations before issuance of the Interim Use Kermit. Consideration of the ILAI application by the Planning Corninission and City Council can be deferred, at the written request of the applicant, until such time as compliance is certified, 'Fo do so, we would need a written request to extend the time for Planning Coinillission review and City Council action to a date certain, II we do not receive such a request, we will move ahead with the Planning Commission and City Council Meetings as schedLiled. However. as, noted C� above, the Council will be prohibited by state law and city ordinance frorn approving the Interim, tjse Permit if the septic systems have not been inspected and found to be in compliance with state standards. In addition to the septic systems, Wapiti Park must also comply \kith City Code Section 30-9:01, which requires that parking and drive areas be defined by curb and gutter to control storm water runoff. We tinderstand, as your letter indicates, that no curb and gutter Was proposed in the IUP application., fioxvever. Section 30-901 requires curb and gutter and Failure to comply with this reqUirement would also reqLiire denial of the Triteriin Use PeriniL. This is as rcqUirenleflt which the City has unposed on itself for unpaved parking and drive areas in City Darks, and has required of other developed properties when a new permit is required, The City's February 21, 2014, letter also requested information regarding signage and � n accessory buildings. We understand that no changes to the existing signage Or aCCeSSOTY buildings arc proposed or planned. but still need this int'Ormation to identify the existing signage ancl accessory buildings for future reference. James G. Robin March 14, 2014 Page 4 Please contact the undersigned if`you have any questions. very truly yours, TIETER K. BECK ATTORNTIN AT LAW PLLC By- ............ 1� ter K. Beek PKB:tk Attachment cc: Jeremy Barnhart Chris Leeseberg George Hoff 720185 DOGX J _ s i 8A�R IS ISLAND �7 ;� .. ELK RIVER ARK b ) .: — !"�s �' :/'" wry N !' 1' � f� .d" ✓ x p ` r � :f r ! F �w I, �r u LU i t GENERAL DEVELOPMENT L A x 0 ' from ordinary high water mark) NATURAL. NVIBO MENT LAKE OR WETLAND (1000' from ordinary high water mark) URBAN RIVER SEGMENT 0' from ordinary high water rnark or fl a l .in TRIBUTARY WER OR REAM SEGMENT" (300' fr rrr ordinary high water mark or fl d l ,win) WILD AND SCENIC RIVER DISTRICT S N d T W U W S-.1 v < � p tra s � z z Z 1 00 oG Q w V) � cn Dc fn z W \ m )Wd ; 3:)V"l"3AM j C LJ o � S 00 •� iS )IMAi V � J x ......... .-..... i S 0 M / L' ZL g a Z F �e�213X / V �/ L City of Elk River Resolution 14- A Resolution of the City of Elk River Denying an Application for an Interim Use Permit and Establishing Findings of Fact Therefore WHEREAS, on January 2, 2014,Juanita Glenn (Applicant) submitted an Application for an Interim Use Permit (IUP) for the store building located at Wapiti Park Campground;and WHEREAS, Applicant and her representatives subsequently submitted additional information in support of the Application for an IUP,including a letter dated February 26, 2014, from James Robin, attorney for the Applicant; and WHEREAS, The City of Elk River Planning Commission conducted a public hearing on the Application for an IUP on April 8, 2014, after proper publication and due notice thereof as required by Ordinance and Statute;and WHEREAS, the Planning Commission took action on April 8, 2014, to recommend that the City Council deny the Application for an IUP; and WHEREAS, on April 21, 2014, the City Council conducted a public hearing on the Application for an IUP, after proper publication and due notice thereof as required by Ordinance and Statute. NOW, THERFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application of Juanita Glenn for an Interim Use Permit for the store building located at Wapiti Park: FINDINGS OF FACT 1. The Minnesota Supreme Court,in a decision dated December 4, 2013,has determined that"Wapiti Park may not lawfully use the building until it obtains renewal of the Interim Use Permit and complies with the conditions of the Permit." 2. Wapiti Park Campground is located entirely within the City of Elk River's Shoreland Management Overlay Zoning District. 3. The City is required, by Minnesota Statutes, Chapter 103F and Minnesota Rules, Parts 6120.2500 to 6120.3900, to adopt shoreland zoning regulations that comply with the state statute and regulations. 4. The City has adopted shoreland regulations, as required by state statute and regulations,in Section 30-1961, et se ., of the City of Elk River Code of Ordinances, governing all land uses located within shoreland areas. P O w E R E U 9 1 `4AVR 5. Minnesota Rules, Part 6120.3400, Subpart 3(B) requires that all private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health,the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, and any applicable local government standards. 6. Minnesota Rules, Part 6120.3400, Subpart 3(D) requires that local governments must develop and implement programs to identify and upgrade sewage treatment systems that are inconsistent with the Sewage Treatment System Design Criteria, and that these programs must require reconstruction of existing nonconforming sewage treatment systems whenever a permit or variance of any type is required for any improvement on, or use of,the property. 7. Section 30-1986 of the City of Elk River Shoreland Ordinance requires that a sewage treatment system not meeting the requirements of City Code must be upgraded,at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of,the property. 8. Pursuant to the applicable Minnesota Statutes,Minnesota Rules and the City's Shoreland Zoning Ordinance,the sewage treatment systems serving Wapiti Park Campground,if they do not meet the current requirements of state law and regulation,must be upgraded before a permit of any type may be approved for use of the property. This includes an Interim Use Permit for the store building. 9. In the February 26, 2014,letter from Applicant's attorney,Applicant indicates that the store building is served by a septic system consisting of two tanks and a drain field on the north side of the building, but that the Applicant does not have records as to the size of the system, does not know when the system was built, does not have any plans or any copies of any permits for the system and does not have copies of any inspection reports for the system. The Applicant also indicated that there are two additional septic systems on the campground property,but provided no information as to the size,installation date,plans,permits or inspection records for these systems. 10. Pursuant to the applicable Minnesota Statutes,Minnesota Rules and the City's Shoreland Ordinance requirements,the City must determine whether the existing septic systems at Wapiti Park Campground meet the current state standards before any permit,including the IUP, can be approved for use of the property. 11. The Applicant has submitted no information from which it can be determined whether the existing septic systems at the campground meet current state standards. 12. The City is prohibited by state law and city ordinance from approving the IUP if the septic systems have not been inspected and found to be in compliance with the state standards. 13. City Code Section 30-901 requires that parking and drive areas by defined by curb and gutter to control storm water runoff. The application does not include the required curb and gutter. P O W E R E D 0 Y 1`4Af- DECISION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: based on the findings of fact set forth above, denies the Application of Wapiti Park Campground for an Interim Use Permit for the store building because the septic systems serving the store building and the balance of Wapiti Park Campground have not been inspected and found to be in compliance with state standards. Passed and adopted this 21" day of April, 2014. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y 1`4 U City of Ells &M%—. River 13065 Orono Patkway Eslk River,MN, 55330 February 21,2014 VIA EMAIL:wapitipark85 @yahoo.com Juanita Glenn 18746 Troy St NW Elk River,MN 55330 Re: Interim Use Permit Request—Wapiti Campground Comment Letter Dear Ms. Glenn, Thank you for the information you have provided for your Interim Use Permit jUP) for the store building at Wapiti Campground. City staff has conducted a review of the materials submitted on January 17,2014. The following information is required in order to develop a staff report which properly evaluates your application and completely informs the Planning Commission and City Council. Your submitted narrative and floor plan indicate that the store building includes a laundry,toilet, and shower_Your site plan indicates that additional shower facilities and portable outhouse (Satellites) facilities are also provided. There is no indication as to how the waste water for these facilities is to be handled. City staff has determined the following additional information is necessary. Waste water management 1. What type of septic system is being utilized for the laundry room,restroom,and shower waste water? 2. Where is the septic system/drain field located? 3. What is the size of the septic system/drain field and its capacity? 4. When was the septic system built? Please provide us built plans for the system and a copy of the original permit allowing installation. 5. When was the septic system last inspected by a state licensed inspector? Please provide a copy of the inspection report. 6. Are there other state licensed required facilities, such as toilet or shower facilities,other than those in the store building,tied into the store building waste water system or the septic system which serves it? 7. Are the Satellites and Showers,as shown on the site plan,state licensed required facilities? 8. Where does the waste water from the Satellites and Showers go? 9. Are the Satellites and Showers tied into the store building waste water system? 10. Are there other state licensed required facilities that generate waste water that are not shown Phone:763.635.1000 P 1 1 € R € 1 1 T Fax:763.635.1090 NATURE www.ElkRiverMN.gov on the site plan? 11. Please provide a narrative and detailed site plan indicating how all waste water on the site from any source is being handled,including waste water from the store building,additional showers,portable outhouses (Satellites),trailers,recreational vehicles,and camp sites. Storm Water Management 12. Your narrative indicates parking areas,but the site plan does not show these locations. Please provide a site plan showing the location and dimensions of the defined parking lot. The city ordinance requires all driving areas and parldng areas by bound by concrete curb and gutter to control storm water runoff. Please show the location of the proposed curb and gutter on the site plan and the proposed storm water management facilities. S1 na e 13. Your narrative indicates several signs on site. Please provide us a list and dimensions of all freestanding signs greater than four (4) square feet serving the property. Accessory Structures (sheds,barns,etc.' 14. The site plan shows what appears to be two (2) storage buildings and one bam. Please provide a site plan showing the size and locations of all detached accessory structures on the property. Please provide a written response letter and all drawings and plans,along with the requested inspection report(item 4),by 12:00 p-m. March 3,2014,for inclusion in the March 11,2014, Planning Commission staff report. If you have any questions I can be reached at 763.635.1033. Sincerely, Chris Leeseberg,Park Planner/Planner Ph: 763.635.1033 Fx: 763.635.1090 cleeseber_ ,ElkRiverMN.gov CC. Peter Beck,Beck Law Office James Robin,Wayzata Law Group 1 WAYZATA 4VAYZ.ATA LACY GRDUR ELC. a t9177 BAST WAYZATA BLVD- SUITt I-M VAYZATA, 571'Q\iS0TA 5,391 I r r TEL: 952 4_3 . 1025 FAX- v -aye= + ., LISTER-THINK ADVOCATE GUIDE JAMEs G.ROB[N DIR'_C-r DIAL: 952.475.0987 E-MAIL:jrobin@wayzatakawgroupxom February 26, 2014 VIA US MAIL City of Elk River j Attn: Chris Leeseberg 13065 Orono Parkway Elk river, MN 55330 Re: Wapiti Park Campground Interim Use Permit Request Dear Mr. Leeseberg, I am the attorney for Ms. White, Ms. Glenn and Wapiti Campground. I write in response to your letter dated February 21, 2014, and the questions raised therein. 1. The septic system servicing the building consists of two tanks and a drain field on the north side of the building. 2. North side of the building 3. 1 would imagine that the city has records of the size. All my clients' know is that it was sized for the much larger building that burned. 4. Neither Ms. White nor Ms. Glenn know when the septic system was built. Neither do they have"as built"plans or a copy of the original permit. 5_ Neither Ms. White nor Ms. Glenn have a copy of an inspecuor report. 6. No facilities other than those in the store building are tied into the building's septic System. 7. Yes 8. The waste water is handled by a septic system that is totally separate front the store building's septic system. 9. No 10. No E 11. As indicated above, the waste water from shower building and the store building are handled by two separate septic systems. The waste from the satellite (there is only one), and camp and RV sites is handled by a third and separate septic system. 12. There is no curb and gutter proposed. There are no paved roads or parking lots within the campground. 13. There have been no changes to any signage and none are proposed. 14. There have been no changes to any accessory structures and none are planned. If the above infon-nation does or satisfy Wapiti's requirements,please call me. Sincerely, James G. Robin J GR/dj r cc Juanita Glenn Lorraine White I 2 I i BECK LAW OFFICE 2600 US Bancorp Center Peter K Beck peter @peterbecklaw.com 800 Nicoilet Mall A t t o r n e y at Law 612-991-1350 Minneapolis,MN 55402 www.peterbecklaw_com March 14,2014 James G. Robin Wayzata Law Group 1907 East Wayzata Boulevard, Suite 170 Wayzata, MN 55391 Re: Wapiti Park Campground Interim Use Permit Request Dear Mr. Robin: By letter dated February 21, 2014, Elk River Planning Staff requested that Wapiti Park Campground submit additional information regarding waste water management for the store building. By letter dated February 26, 2014, you responded that the store building is served by a septic system consisting of two tanks and a drain field on the north side of the building, but that the applicant does not have records as to the size of the system, does not know when the system was built, does not have any plans or any copies of any permits for the system and does not have copies of any inspection reports for the system. You also indicated that there are two additional septic systems on the campground property, but also provided no information as to the size, installation date, plans,perinits or inspection records for these systems. Wapiti Park Campground is located entirely within the City's Shoreland Management Overlay Zoning District. Attached is that portion of the City's Shoreland District Zoning Map which covers the Campground property. As you can see, a portion of the Campground falls within the shoreland area located within 1,000 feet of Orono Lake; and the balance of the Campground property falls within the shoreland area located within 300 feet of the Elk River. The City is required, by Minnesota Statutes, Chapter 103F and Minnesota Rules, Parts 6120-2500 to 6120.3900, to adopt shoreland zoning regulations that comply with the State statute and regulations. The City has done so, in Section 30-1961, et seq., of the City Code of Ordinances. These regulations govern all land uses located within shoreland areas, including those located within 1,000 feet of a lake or within 300 feet of a river. Minnesota Rules, Part 6120.3400, Subpart 3(B)requires that: All private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, and any applicable local government standards. James G.Robin March 14,2014 Page 2 Minnesota Rules,Part 6120.3400, Subpart 3(D)requires that: D. Local governments must develop and implement programs to identify and upgrade sewage treatment systems that are inconsistent with the sewage treatment system design criteria identified in item B, exclusive of the appropriate setback from the ordinary high water level in item C. These programs -must require reconstruction of existing nonconforming sewage systems whenever a permit or variance of any type is required for any improvement on, or use of, the property, and must include at least one of'the following approaches: (1) a systematic review of existing records to determine which systems in the jurisdiction are nonconforming and requiring reconstruction when practicable; (2) a systematic on-site inspection program including all properties where adequate record of conformance does not exist, identifying nonconforming or illegal systems and requiring reconstruction when appropriate; . . . The requirements of Minnesota Statutes, Chapter 103F and Minnesota Rules, Part 6120.3400, Subpart 3, are implemented in the City's Shoreland Ordinance, including Section 30-1986. Section 30-1986 of the Shoreland Ordinance governs nonconformities within shoreland areas. Section 30-1986(3) governs nonconforming sewage treatment systems and provides,in part,that: A sewage treatment system not meeting the requirements of Section 30-2028 shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of,the property. Section 30-3028(b)(2) provides: (2) All private sewage treatment systems shall meet or exceed the state pollution control agency standards for individual sewage treatment systems contained in the document titled "Individual Sewage Treatment System Standards, Chapter 7080," a copy of which is hereby adopted by reference and declared to be a part of this division. "Individual Sewage Treatment System Standards, Chapter 7080" is a reference to Chapter 7080 of the Minnesota Administrative Rules, which regulates individual subsurface sewage treatment systems. These Rules were adopted by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes, Section 115.55, which requires all counties to adopt ordinances that comply with the subsurface sewage treatment system rules. Sherburne County has done so, in Section 17.5 of the County Code. Pursuant to Minnesota Statutes, Section 11555,the Sherburne County ordinance applies in the City of Elk River. James G. Robin March 14, 2014 Page 3 By virtue of Minnesota Statutes, Chapter 113F, Minnesota Rules, Part 6120.3400, and Section 30-1986 of the City's Shoreland Ordinance implementing that State Statutes and Rules, the sewage treatment systems serving Wapiti Park Campground, if they do not meet the current requirements of Minnesota Statutes, Section 115.55 and the MPCA subsurface sewage treatment system rules, must be upgraded before a permit of any type may be approved for use of the property. This includes the Interim Use Permit for the store building. The first step is to determine whether the existing septic systems at the campground meet the current state standards. The compliance inspection requirements and processes are set forth in Chapter 7080 of the Minnesota Administrative Rules. These regulations include inspections by a certified inspector. The pending application for an Interim Use Permit is currently scheduled to be heard by the Planning Commission on April 8, 2014.. If the septic systems cannot be inspected and certified to be in compliance with state statutes and administrative rules by then, the Planning Commission will not be able to recommend approval of the Interim Use Permit, and the City Council will not be able to approve the Interim Use Permit, as the septic systems are required by Minnesota Statutes and Rules, and City and County Ordinances, to meet the requirements of the regulations before issuance of the Interim Use Permit. Consideration of the IUP application by the Planning Commission and City Council can be deferred, at the written request of the applicant, until such time as compliance is certified. To do so, we would need a written request to extend the time for Planning Commission review and City Council action to a date certain. If we do not receive such a request, we will move ahead with the Planning Commission and City Council Meetings as scheduled. However, as noted above, the Council will be prohibited by state law and city ordinance from approving the Interim Use Permit if the septic systems have not been inspected and found to be in compliance with state standards. In addition to the septic systems, Wapiti Park must also comply with City Code Section 30-901, which requires that parking and drive areas be defined by curb and gutter to control storm water runoff. We understand, as your letter indicates, that no curb and gutter was proposed in the IUP application. However, Section 30-901 requires curb and gutter and failure to comply with this requirement would also require denial of the Interim Use Permit. This is a requirement which the City has imposed on itself for unpaved parking and drive areas in City Parks, and has required of other developed properties when a new permit is required. The City's February 21, 2014, letter also requested information regarding signage and accessory buildings. We understand that no changes to the existing signage or accessory buildings are proposed or planned, but still need this information to identify the existing signage and accessory buildings for future reference. James G. Robin March 14, 2014 Page 4 Please contact the undersigned if you have any questions. Very truly yours, PETER K. BECK ATTORNEY AT LAW PLLC � ��By: �, P er K. Beck PKB:tk Attachment cc: Jeremy Barnhart Chris Leeseberg George Hoff 720185,DQGX i' Oil /HARMS f /ISLA, ,.,N{D E I ELK RIVER C MP C ARK LLJ / ✓; GENERAL DEVELOPMENT LAKE (1000' from ordinary high water mark) NATURAL ENVIRONMENT LAKE OR WETLAND (1000' from ordinary high water mark) URBAN RIVER SEGMENT (300' from ordinary high water mark or floodplain) TRIBUTARY RIVER OR STREAM SEGMENT (300' from ordinary high water mark or tloodplain) WILD AND SCENIC RIVER DISTRICT Peter Beck From: Jim Robin <JRobin @wayzatalawgroup.com> Sent: Tuesday, April 8, 2014 1:48 PM To: Peter Beck Subject: Wapiti Peter, I was disappointed to see city staff and you have concluded that the city must deny Wapiti's application for a renewal of its prior IUP. It appears from the staff report and your letter of March 14,that it would be a complete waist of time for my client or me to appear at tonight's planning commission meeting. I disagree with the conclusions that you make in your March 14 letter, but I will save those arguments for a neutral tribunal. Please understand, and convey to the planning commission,that we mean no disrespect by not attending the public hearing,tonight. Neither does Wapiti intend to withdraw its application for the IUP. We are simply trying to utilize limited resources in the most efficient manner possible. We were hopeful that the city would grant the IUP,which would have allowed Wapiti to withdraw its district court action, but obviously,that is not going to happen. Please advise me of the planning commissions formal recommendation. Jim Robin .Tames G.Robin Wayzata Law Group LLC Suite 170 1907 East Wayzata Blvd. Wayzata,MN 55391 952.475.0987(Direct) 952.476.4447(Fax) irobingwa, z�wgroup.com The information contained in this e-mail message is confidential and intended only for the use of the individual to whom it is directed. If the reader of this message is not the intended recipient, please reply to the sender that you have received the email in error and delete it. Although this e-mail and any attachments are believed to be free of any virus or other defect,it is the responsibility of the recipient to ensure that it is virus-free. Wayzata Law Group LLC is not responsible for any loss or damage arising 1 Peter Beck From: Jim Robin <JRobin @wayzatalawgroup.com> Sent: Wednesday, April 9, 2014 11:28 AM To: Peter Beck Cc: George Hoff Subject: RE:Wapiti George and Peter, As Peter and I discussed,the septic system and curb and gutter requirements that the city seeks to impose as conditions for a new IUP for the building are far more expensive than can be afforded by Wapiti. Accordingly, I am resigned to losing the battle before the council and am likely to advise my client to save the money it would cost to have me appear at the upcoming council meeting. Instead, we will pursue whatever claims remain in the remanded action in District Court. Do either of you want to talk about the District Court claims and counterclaims before we get formally back into the case? Let me know one way or the other. Jim Robin James G.Robin Wayzata Law Group LLC Suite 170 1907 East Wayzata Blvd. Wayzata,MN 55391 952.475.0987(Direct) 952.476.4447(Fax) irobin@wayzatalawuoup.com The information contained in this e-mail message is confidential and intended only for the use of the individual to whom it is directed. If the reader of this message is not the intended recipient, please reply to the sender that you have received the email in error and delete it. Although this e-mail and any attachments are believed to be free of any virus or other defect,it is the responsibility of the recipient to ensure that it is virus-free. Wayzata Law Group LLC is not responsible for any loss or damage arising From: Peter Beck [mai Ito:peter@peterbecklaw.com] Sent: Wednesday, April 09, 2014 8:53 AM To: Jim Robin Cc: George Hoff Subject: RE: Wapiti Jim, The Planning Commission adopted a resolution last night recommending that the application for an IUP be denied for the reasons set forth in the staff report.There was no public testimony. I did tell the Commission that I had received an email from you and that you had advised that you meant no disrespect but would not be attending. The application is currently scheduled to be before the City Council on April 21St. I'll be available by phone this morning, but out this afternoon. Peter Beck REEK LAW OFFICE Z