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6.9. SR 04-17-2000-'ity of TO: FROM: DATE: SUBJECT: MEMORANDUM Item # 6.9. Mayor and City Council Michele McPherson,~irector of Planning April 12, 2000 Case Number: CU 00-6 Request by Wapiti Park Campground to Rebuild Structure; Public Hearing Request The applicant requests that a conditional use permit be granted to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly. The use of the property for a campground is a legal, non-conforming use. Location 18746 Troy Street Zonin,q/Land Use Rlb (Single Family Dwelling)/MR (Medium Density Residential) Attachments · Location Map · Site Plan · Building Elevations · Building Floor Plan · August 17, 1998 Memo from Steve Rohlf Overview Wapiti Park has been in existence prior to the incorporation of the City and Township. As noted on the attached memo from Steve Rohlf, in 1983, the parcel was rezoned from Agricultural to Single Family Residential (Rlb) and campgrounds became a conditional use in the Rlb District. Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council/CU 00-6 March 24, 2000 Page 2 In November 1999, the existing officelbadlaundrylstorage building (60x120) burned completely down. Request The applicant has indicated that an office/laundry/gathering area for campground residents is needed. They considered remodeling their home to accommodate this need, however, the building code requirements increased the cost over the cost of constructing the proposed building. Section 900.34.9 states: No nonconforming building or structure.., which has been damaged by fire... to the extent of more than fifty (50) percent of its assessed market value shall be restored except in conformity with the regulations of this ordinance. The previous structure was completely damaged; therefore this building should not be reconstructed. However, the Rlb District allows accessory structures up to 3500 square feet on parcels 5 to 10 acres in area (The proposed structure is 1,650 square feet). It is the intended use of the structure that creates a policy issue for the Planning Commission and Council to decide. While at the time the applicant submitted this application, the City did not have in place the interim use requirements, this proposal would "fit" the definition of an interim use. The applicant has indicated that the use of the property for a campground would continue for an additional ten years (approximate). This time may be shortened due to the future assessments created as part of the extension of utilities in the Western Area. Improvements are proposed for late 2000, and this parcel is proposed to be assessed for water and street improvements. Staff is concerned about the use of the proposed building for the consumption of alcoholic beverages. Since 1983, the site has held a 3.2 beer (on and off sale) license as well as a license for set-ups. In the distant past, there were issues with underage consumption, primarily at campsites. In recent years however, the applicant has worked with the Police department to self-police for underage consumption and has passed all compliance checks. Planning Commission Recommendation The Planning Commission considered this request an interim use and recommended to the City Council approval of the request with the following conditions: The approval is valid for ten years or until the property is redeveloped, whichever is sooner. The building will comply with the requirements of the Chief Building Official. PAR~ City of 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 LOCATION MAP cass: CU 00-6 N l'$PEEO! [ 'to 'ur s~te zs MPH ~ 35 miles N.W. ~ the Twin Cities on U.S. 10 To Mille Lacs Lake 65 Miles ROGERS l~USeLS. · Pusture for horses · CUPOLA VENT-A-RIDGE , 5" 0.(~. GUTTERS HI-RIB STEEL T#21 CORNER TRIM T~167 TRANSITION TRIM HI-RIB STEEL WAINSCOT T#21 CORNER TRIM T#167 BASE TRIM WEST ELEVATION ,[~, 2'6"x2'6" CUPOLA /_,- VENT-A-RIDGE /- T#177 TRIM 5" O.G. GUTTERS HI-RIB STEEL T#21 CORNER TRIM T#167 TRANSITION TRIM HI-RIB STEEL WAINSCOT T#21 CORNER TRIM T#167 BASE TRIM EAST ELEVATION 12 #16 GABLE TRIM II I I I I ~ ," T#21 CORNER TRIM II I I I I~ I T#167 TRANSITION TRIM II I I I I~' I HI-RIB STEEL WAINSCOT II I I I I/' I ,- T#21 CORNER TRIM It I I I I~'"'1 T#~= B*S~ TR,M SOUTH ELEVATION 16 GABLE TRIM [I II -! I NORTH ELEVATION HI-RIB STEEL T#21 CORNER TRIM T#167 TRANSITION TRIM HI-RIB STEEL WAINSCOT T#21 CORNER TRIM T#167 BASE TRIM '. I I I 12'x6' STORAGE ROOM 12'x14' LAUNDRY ROOM 12'x8' RESTROOM PORCH 42'x28'-6" ESTABLISHMENT FOR THE CONSUMP~ON OF ALCOHOLIC BEVERAGES PORCH 0 0 0 O 0 INTERIOR LAYOUT SCALE: Ck¥ of TO: CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR ver DATE: SUBJECT: AUGUST 17, 1998 W ITI ,nm{ Cnm'GROtn BACKGROUND 1983 The Wapiti Park property was rezoned from A-1/Agriculatural to R-lb/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a conditional use in the R-lb Zone. Wapiti Park became a non-conforming use because it had not gone through the conditional use process (assumed legally grandfathered-in). March 19, 1984 The Elk River City Council approved a conditional use permit for Wapiti Park under the following stipulations: · The owners of the park enter into a private road agreement for Troy Street. Troy is not a city street in this location. · Maximum number of campsites is 109 and an additional 20 tent sites, not to be expanded. · Hours of operation are 8:00 a.m. to 11:00 p.m.. · Only minor repairs can be done to recreational vehicles only. Store and restaurant are for the use of the campers only. ·. Horses on the property can not become a nuisance to neighbors. The length of stay was also an issue. It was acknowledged by the City Council that seasonal and monthly construction workers stay at the campground. Licenses were issued for the following: Non-intoxicating malt liquor (3.2 beer) - on and off sale. Mechanical amusement devices (9 video games, 1 pinball machine, and 2 pool tables). May 7, 1984 City Council amends Wapiti's conditional use permit by adding the following stipulations to the previous ones: · Wheels must stay on the trailers, but skirting is okay. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 · No units for rent. · Minnesota Department of Health (MDH) rule 187 and Minnesota State Statutes 327.10 through 327.28 apply. A MDH yearly license is required and only recreational vehicles are allowed. Council debates vestibules and decides to allow them as long as they are portable. Statute does not allow them to be permanently attached to recreational vehicle. ' i : A set-up license is also approved. Current (May ,1998) Campgrounds are no longer allowed in the R-1 b Zone. Wapiti Park is non-conforming, but legally grandfathered-in. Amusement device, non-intoxicating malt liquor, and set-up licenses are current. The and store is still operating in compliance with past approvals. There is no restaurant as such anymore, but frozen pizza etc. are still served. The MDH licenses, which includes inspection of septic system, are current. Wapiti's septic system consists of five drainfields and tanks. The Elk River in the vicinity of Wapiti Park was tested for fecal coliforms in the summer of 1997. Slightly elevated fecal counts were observed down stream of Wapiti Park as opposed to upstream. Fecal streptococci was analyzed, which revealed that the elevated levels of fecal coliform downstream of Wapiti were of animal origin. Wapiti Park Campground contains 103 camp sites and 24 tent sites. Of the 103 campsites, 34 have the ability to be used year round. The following is an approximate breakdown of the usage of the campsites during the past year: · 5 sites were used by the same people for the entire summer (snowbirds) · - 24 site were used over the winter last year, but only about six site saw winter use the year before. It is not typically the same people that use the campground over the winter from one year to the next. · 34 site were taken by people who leave their recreational vehicle on the same site all season and use it on various weekends · 40 sites were rented by the weekend or week · 24 tent sites were rented by the weekend or week All recreational vehicles and structures in the floodway must be removed prior to spring flooding or an emergency plan must be in place to remove them within 6 hours of notification. Recreational vehicle must meet the definition in State Statute and the following city requirements: · be road ready · have a current license · have an internal jacking system · have only quick disconnect utilities (water, sewer, and electrical) · not have alterations larger than the original equipment (with the exception of propane tanks, not to exceed 100 lb.) · not have any permanent additions. RECOMMENDATION Skirting and vestibules are allowed at the campground via previous council actions. However, the current owners have requested the city's help in cleaning up some of the oversized and/or dangerous additions that have been added to the recreational vehicles. What is allowed or not allowed needs to be better defined so that enforcement is consistent. Staff is recommending the following clarifications: · Because some of the guest at the campground are seasonal, staffis recommending that storage sheds with a 120 square feet of roof area or less be allowed. Building permits are not required for structures of 120 square feet or less, but they must be temporarily anchored and removed from the floodway prior to spring flooding. · That breezeways or screened porches, with a maximum of 120 square feet of roof area, be allowed, but that they are constructed to be portable (no footings so they can be removed prior to flooding), are not connected to the recreational vehicle, and have only quick disconnect utilities. · That no wood burning appliances are allowed in breezeways, porches or recreational vehicles. ! That an emergency plan to remove all structures and recreational vehicles from the floodway upon six hours notice of a pending flood be submitted to staff for approval. That all structures that do not conform to these rules or that are dangerous be removed. ! That a minimum of ten feet is maintained between recreational vehicles and/or structures. ! That no licensed or inoperable vehicles are allowed. The rest of the rules previously set by council action still pertain. The current owners of the park are in agreement with staffs recommendations and are prepared to send the attached notice to their customers. This notice requires compliance by the end of October and does contains some additional items beyond staff's recommendations that are requirements of the owners. Staff greatly appreciates their cooperation. The owners will be at Monday night's meeting to discuss these issues further with the Council.