Chris & Pam King RV Park - Staff Report Comprehensive Plan Amendment/Zone Change/Conditional Use Permit

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1 Planning and Zoning Commission Chris & Pam King RV Park - Staff Report Comprehensive Plan Amendment/Zone Change/Conditional Use Permit Applicant would like to construct a 20 unit RV Park on an approximate 1.5 Reason for Request: acre parcel of land currently zoned as Agricultural. Staff recommends that the Comprehensive Plan Amendment/Zone Staff Change/ Conditional Use Permit be recommended for denial based on the Recommendation: findings in the staff report Hearing Date: November 9th, 2015 In the N ½ of NW ¼ of the SE ¼ of Section 12, T149N, R998W. Location: Approximately ½ mile to the west of the intersection of Highway 85 and 22M Street, on the south side of 22M Street. Owner(s)/Applicant: Chris & Pam King Existing: Proposed: CP Land Use: Agriculture CP Land Use: Commercial Zoning: Agricultural Zoning: Commercial Setbacks: N/A Setbacks: Lot Area: Minimum of 40 acres Lot Area: Minimum depth of 75 feet from the center of a roadway The minimum area for campground shall be 5 acres and maximum number of recreational trailers shall be fifteen units per gross acre. Conditional Use: N/A Conditional Use: Recreational Vehicle Park Findings of Fact: 1. This development is not located in an organized township. 2. All requirements for public notification have been satisfied. 3. Staff has not received comments from adjacent property owners. 4. The State Division of Food and Lodging and ND Dept. of Health will not consider reviewing pland for an RV park/campground without county planning and zoning approval. 5. The submitted application did include notification that the storm water NOI (Notice of Intent) was received. 1

2 6. The applicant received an stating the School District had no issues with the proposed project 7. There were no examples of the park model homes included with the application for review of the building or floor plans. Conditional Use Permit Criteria The application for a conditional use permit shall be granted unless the Planning Commission finds the following conditions present (McKenzie County Zoning Ordinance, Article V, Section 5.6, part 2): a) The establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, comfort or general welfare. The following concerns have been documented regarding the public health, safety, and welfare: 1. There is only one entrance to the development; in case of an emergency, this could be problematic. 2. No mention of water storage in case of emergency. 3. A severe weather shelter needs to be located on site; this could be in the form of a common building or laundry facility, but would need to be up to standards to withstand a tornado. 4. There would need to be enough off street parking to park two vehicles per unit, this has not been proven. 5. According to the local building code amendments, adopted 08/13/13, there must be a minimum separation of 20-feet between all buildings. This has not been provided. b) The proposed conditional use shall not substantially impair or diminish the value and enjoyment of other property in the area. The proposed use is surrounded by industrial and Agricultural zoning, with a residential district approximately 400 to the west of it. If the applicant received County approval, and could meet State and local standards, the project may still have a detrimental impact on surrounding property values. c) The proposed conditional use shall not impede the normal orderly development of the surrounding property. Since the adjacent properties to the north, and east are already zoned Industrially, and the adjacent property to the west and south already was housing units on them, the proposed use should not impede the normal orderly development of the area. 2

3 d) Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided to accommodate the proposed conditional use. Adequate utilities, access roads, and drainage will be provided for this site if approved. e) Adequate measures will be taken to provide ingress and egress to the property without adverse effects on the adjoining properties and traffic congestion in the public street. The property only has one access point. With a maximum of 20 filled RV units, it would be reasonable to add 40 vehicle trips / day to 22 M Street. f) The proposed conditional use shall conform to all applicable regulations of the district within which it is located. The existing zoning district of the proposed use is agriculture which does not recognize such a use as permitted or conditional. The proposed use can however receive a conditional use permit if the site is rezoned to commercial. As a result, the applicant has also applied for a comprehensive plan land use map change and zone change from agriculture to commercial for this site. 3

4 Staff Recommendation: Based upon the findings as provided in the staff report, it is recommended that the Planning and Zoning Commission deny the subject proposal to provide a recreational vehicle park. If the Commission does recommend approval, it is requested that the listed conditions be applied to the project. Suggested motion: Recommend denial to the County Commission of the proposal for a Comprehensive Plan land use amendment, zoning change, and conditional use permit to allow a recreational vehicle park. Accept the findings as provided in the staff report. Conditions: 1. The applicant shall obtain and post the addresses and street name clearly on site (4 x8 sign) visible to passing traffic. 2. Water and septic shall be approved through the State. The applicant shall submit all approvals to the County Planning Department. 3. The applicant shall design the site so that there is a minimum of 20 feet between each unit, including unit slide outs if applicable. 4. The applicant shall design the deveolpment to have two parking spots per RV/Park Model Unit. 5. The applicant shall obtain State Food and Lodging Approval to be a licensed lodging facility. 6. The applicant shall maintain enough spacing between structures and roadways for emergency vehicles to be able to access and maneuver around the units in all types of weather. 7. The applicant will shall provide an adequate amount of insulated/heated water storage at all times in case of an emergency. 8. The applicant shall obtain McKenzie County DMV licensing for all units with built-in axels. 9. The applicant shall not deposit any snow or water onto neighboring properties and dispose of storm water onsite through an approved engineering method. Additionally, the applicant shall design the storm water and culvert system to convey a 25 year event. 10. No on street parking is allowed within or outside of the development. 11. All approaches shall be made and kept up to County standard. 12. The applicant shall follow all federal, state, and local laws pertaining to this project. 13. The applicant shall maintain weed control, which includes obtaining only certified weed free fill 4

5 and mowing all grass on a regular basis. 14. The applicant shall maintain garbage control within the site and along their property lines outside of the fence. The site shall be kept tidy and clean. The site shall be kept free of trash at all times. Thrash shall be contained in dumpsters acceptable to the County Solid Waste Director. 15. The applicant shall control all erosion onsite during construction and prevent any erosion impacting offsite property. 16. An emergency shelter/common building shall be put in place in case of inclement weather. 17. The applicant shall submit a bond equaling 150% of an engineer s estimate to remediate/reclaim the site when the development is not planned to be utilized any further or after six months of abandonment. If the bond expires annually the applicant will provide the updated version annually, as part of the annual review process. 18. The applicant shall call 811 before any digging/excavation takes place. 19. The applicant s conditional use permit will be reviewed by the planning staff on an annual basis to ensure conformance with the conditions of approval, if conditions are not adhered to then the permit can be placed on the County Commission agenda for revocation. 5

6 Vicinity Map 6

7 Surrounding Zoning 7

8 Proposed Site Plan 8