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92-084 RES . CITY COUNCIL CITY OF ELK RIVER RESOLUTION 92- 84 RESOLUTION DENYING REZONING AND LAND USE MAP CHANGE FOR WAPITI PARK CAMPGROUND PROPERTY WHEREAS, Wapiti Park Campground, Inc. (Applicant) is the owner of the property located ats West 392 feet of the West one-half of the West one-half of the Northeast one-quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota (the Property); and WHEREAS, Applicant requested rezoning of a portion of the Property from R-1b/Single Family Residential to C-3/Highway Commercial; which request was recommended for denial by the Planning Commission and subsequently withdrawn by the Applicant; and . WHEREAS, Applicant has subsequently requested rezoning of a portion of the Property to PUD/Planned Unit Development and redesignation of the land use from Medium Density Residential to HB/Highway Business to allow the development of a recreational vehicle sales and service business; and WHEREAS, the Property is presently zoned R-lb/Single Family Residential and designated on the City's Land Use Map MR/Medium Density Residential; and WHEREAS, the Planning Commission has held a public hearing on the request for rezoning to PUD and has recommended to the City Council denial of the requested rezoning; and WHEREAS, the City Council held a public hearing on the request for rezoning to PUD on August 17, 1992; and . 2 . WHEREAS, the City Council has reviewed all of the materials ~ submitted by the Applicant, the staff and the public; and has considered the recommendation of the Planning Commission and the testimony received at the public hearing; and WHEREAS, the Zoning Ordinance of the City of Elk River provides that in reviewing a proposed amendment to the City's Zoning Ordinance or Zoning Map, consideration shall be given to: o Existing conditions within the area directly and indirectly affected by the proposal; o The conservation of property values; Use. to which to the property affected is being devoted at the time; and o o Relevant provisions in the City's Land Use Plan. NOW, THEREFORE, the City Council ~f the City of Elk River makes the fOllowing findings: ~ A. Existing conditions within the area directly and indirectly affected by the proposal: (01) The area to the west of the Property presently consists of single family homes. The use of these homes would be adversely affected by the development of a commercial facility on the Property. (02) The Property is served by a frontage road which is not built to commercial standards and presently serves primarily residential uses. Developing a commercial use on the Property would mean that the frontage road would have a mixture of residential and commercial traffic, creating an unsafe situation, particularly for traffic to and from the residential property served by the frontage road. ~ (03) The Property immediately to the east of the Property is zoned and used for industrial uses (Custom Motors), but designated on the City's Land Use Map for Medium Density Residential. This property was being used for its current industrial/automobile junkyard use when the . (04) Wapiti Park property was purchased by the Applicant and developed as a campground. The existence of the junkyard has not made it impossible for the Property to be used as a campground. Further to the east are additional residential land uses, including an area presently being platted for single family residential lots (Lake Point Shores). B. Conservation of Property Values (01) Development of the Property for commercial uses could adversely affect the property values of the single family residential properties in the area, particularly those immediately to the west of the Property. C. Use to which the property affected is being devoted at this time. (01) The Property is presently a part of the Wapiti Park Campground and includes the Office/store for the campground. The portion of the Property proposed to be rezoned has been farmed in the past and is suitable for that use at the present time. . D. (01) Relevant portions of the City's Land Use Plan. (02) (03) . The City's Land Use Plan (the Growth Management Plan, adopted in 1988) considered the Property for industrial and commercial uses. However, following an analysis of this and several other properties, the Property was not selected for designation in the City's Land Use Map as either an industrial or commercial area. The City'S Land Use Map designates the Property for MR/Medium Density Residential purposes, along with the remainder of the immediate area between Highway 10 and the Elk River. The intent of the Growth Management Plan is that this entire area be developed for residential uses and that existing non-conforming uses in the area be phased out. It is the intent of the City Council to implement this policy and phase out those uses which do not conform to the Land Use Map. Rezoning a portion of the Property to PUD for a recreational vehicle sales and service facility would be contrary to this intent and to the Growth Management Plan. 3. 4 . . (04) The Property is located within the City's Urban Services District. Commercial uses within the City's Urban Services District are required to hook up to City water and sewer. However, the Property is located in a area where water and sewer is not presently available. Therefore, no additional commercial uses can be established within this area until utilities become available. NOW, THEREFORE, the City Council of the City of Elk River, based upon the findings set forth above and all of the materials submitted to the Council on this matter, and the testimony received at the public hearing, does hereby deny the application for a zone change from R-1B/Single Family to PUD/Planned Unit Development and a land use change from MR/Medium Density Residential to HB/Highway Business. Passed and adopted by the Elk River City Council this 31st . day of August, 1992. J~ ~-UJ4 James A. Trelle, Mayor ATTEST a . PKBaHL4s