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4.1.DRAFT MINUTES 06-26-2018 VA City of Elk Meeting of the River Elk River Planning Commission Held at the Elk River City Hall Tuesday, May 22, 2018 Members Present: Chair Eric Johnson, Commissioners Mike Nicholas,Jill Larson-Vito, Robert Rydberg,Alexander Feinstein,Brad Thiel, and John Jordan Members Absent: None Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green Also Present: Councilmember Jennifer Wagner, Council Liaison I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:48 p.m. by Chair Johnson. 2. Consider May 22, 2018, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the May 22, 2018, Planning Commission agenda. Motion carried 7-0. '% 3.1 Consider April 24, 2018, Planning Commission Minutes Moved by Commissioner Thiel and seconded by Commissioner Nicholas to approve the April 24, 2018, Planning Commission minutes. Motion carried 7-0. 4.1. Spectrum High School, 10129 1815`Ave. NW ■ Conditional Use Permit—athletic complex updates & expansion, Case No. CU 18-09 Mr. Leeseberg presented the staff report. He stated staff is recommending changing the applicant's request to an Interim Use Permit (IUP) with an expiration date on June 30, 2023,which will allow the proposed use/expansion. He discussed that during a future meeting staff will present to the Planning Commission and City Council an ordinance amendment allowing Commercial Recreational Facilities in some single-family zoning districts. Mr. Leeseberg explained athletic fields are allowed when associated with a school, and are allowed in single-family residential Planning Commission Page 2 May 22,2018 ----------------------------- districts. He stated the zoning doesn't allow for motor vehicle repair shops and he has since learned the applicant will be removing that portion from their plans. Commissioner Thiel asked if the athletic fields can remain since the school building relocated to a different site,wondering if this application qualifies for an IUP if the use doesn't meet the definition. Mr. Leeseberg stated the IUP language calls for a use similar to an allowed use and athletic fields can remain operational on the property as an interim use, even if the school isn't located there. He stated an IUP is less restrictive than a Conditional Use Permit (CUP) and the city attorney was consulted on IUP's. Commissioner Rydberg asked if there were any environme tal impacts noted regarding increased impervious surface. Mr. Leeseberg stated there were increased bu&'ng and parking areas but those were outside of the wetland setback numbers. Commissioner Larson-Vito asked about the removal of the motor vehicle repair shop and asked if that should be a condition. Mr. Leeseberg stated the applicant's dans will be updated before being presented to the council. Commissioner Jor ari asked what t e sc ool thin suing an IUP versus a CUP, noting he would be hesitant to invest money in something that may not be allowed there. Mr. Leeseberg stated in an email exchange with the applicant, Rick Peterson, and that exact question was posed,Mr. Peterson requested 10 years and a guarantee that this would become an allowed use. He stated the city has every intention to make that ordinance amendment but that is up to the Council. Chair Johnson opened the public hearing. Dan DeBruyn, Executive Director of Spectrum High School,was present and explained Rick Peterson's absence due to attending a track competition. Mr. DeBruyn stated they also had the same concerns as Commissioner Jordan but were willing to move forward knowing they had full confidence in city staff and their efforts in working with Spectrum towards adding commercial recreational to the residential district. He stated they don't have immediate plans to complete the entire plan as presented and were encouraged by city staff to present future plans at the same time as to decrease multiple CUPS. He stated Spectrum will be starting with construction of the west practice field. He asked if it would be allowable to change the plans from a service garage to a bus shelter. He also asked if the school could receive an extension of the IUP if in 5 years the language wasn't updated. UREJ Planning Commission Page 3 May 22,2018 ----------------------------- Mr. Leeseberg stated an applicant may request an extension of an IUP. He stated the bus garage would be an accessory structure on the site and the city doesn't regulate what is stored in it. There being no one further to speak, Chair Johnson closed the public hearing. Commissioner Jordan asked if the IUP should be granted for a 10-year period. Mr. Leeseberg stated 5 years was the traditional length of time for an IUP. Commissioner Larson-Vito stated her understanding of the time for an IUP is to force some type of action such as building a permanent structure or the City Council making some sort of movement such as an ordin amendment. Councilmember Wagner stated it was because of Council action recently that an ordinance amendment be reconsidered to determine where commercial recreation in the industrial and residential areas is allowed and she would like to ensure there are viable locations where commercial recreation activities can take place. She stated she personally is comfortable with a 5-year permit. She asked if Spectrum's plans encroached on future trail connections. Mr. Leeseberg stated their expansion plans did not encroach on future trail connections. Commissioner Thie sfafed he iN gghng with t e'concept of the school relocating to the industrial park but the athletic fields remaining in this location and expanding; he felt it was oddly disjointed. Councilmember Wagner stated Spectrum tried to expand at their current industrial park location to the south but the council was not in support of those plans. She stated staff, along with the Council, had a goal to locate land for Spectrum to house both the school and recreational facilities on one piece but was unable to locate such a parcel. Chair Johnson stated this would be the best solution for Spectrum and the city, working with the decisions of the past and the best for the school's future. Mr. DeBruyn stated there is limited space to build on this piece of land due to its wetland features. He stated the school would like to provide this field space to the community and has been in discussions with the city's Parks and Recreation department. Moved by Commissioner Nicholas and seconded by Commissioner Jordan to recommend approval of the Interim Use Permit for Spectrum High School to update and expand their athletic complex as outlined in the staff report with the following condition: 1. The Interim Use Permit shall expire on June 30, 2023. UREJ Planning Commission Page 4 May 22,2018 Motion carried 6-1 with Commissioner Thiel opposing. 4.2 ERX Motorpark, — 21591 U.S. Highway 169 NW ■ Ordinance Amendment—adding allowed conditional uses to the XCR Zoning District, Case No. OA 18-05 ■ Conditional Use Permit—ALLOWING FOR Off-Road Racing, Active Recreation and Physical Endurance, Live Entertainment, Festivals, Research and Development, Conference and Event Center, and Swap Meets, Case No. CU 18-10 Mr. Leeseberg presented the staff report. He distributed a handout updating their request for additional hours of operation. Commissioner Larson-Vito stated she felt very strongly about allowing overnight parking for individuals who consume too much alcohol and decide to take a cab home instead of driving their vehicle. She requested that condition 6 be removed as she doesn't feel the city should dictate this activity. Commissioner Larson-Vito stated she also wants to avoid people paying an impound fee. Commissioner Rydberg stated he felt condition 1 and 6 conflict with each other by allowing camping and recreation but no overnight vehicles. He suggested restricting overnight parking when an event is occurring. Mr. Leeseberg stated staffs concern is excessive drinking that becomes a reason for people staying overnight and it becoming secondary type of camping. He suggested exploring an option for specific events that allow camping overnight or no overnight parking excluding the campground areas. Commissioner Rydberg stated this is private property and the Planning Commission doesn't need to be policing that. Chair Johnson suggested eliminating condition 6 and the consensus of the Planning Commission concurred. Chair Johnson opened the public hearing. Heidi Goodin, Director of Operations for ERX Motorpark, thanked Mr. Leeseberg and city staff for working with ERX to assist in the growth of the motorpark. She also expressed concerns with overnight camping and parking where people leave in other people's vehicles due to alcohol consumption,as ERX doesn't have overnight security. Ms. Goodin requested the city modify condition 1 to allow third parties having signature events (such as Monster Truck Show) the ability to apply for a special event recreational camping permit with the Minnesota Department of Health (MDH). Ms. Goodin requested 4 or 5 additional camping events at ERX Motorpark for camping on Outlot A and other campgrounds on site. She stated that based upon p 0 W I R 1 9 ® Y NATURE Planning Commission Page 5 May 22,2018 ----------------------------- conversations with Tiffani Maresh at the MDH,the state special event camping license is not land driven,it's company driven. Ms. Goodin indicated ERX has no desire to open a seasonal or year round campground. Lastly,Ms. Goodin requested Condition 2 be modified allowing for a midnight end time instead of 11:00 p.m. She stated she is unaware of any complaints about loud music. Commissioner Larson-Vito asked for clarification of the camping allowance, and Ms. Goodin indicated they are currently allowed two events with no more than 14 consecutive days of camping for each event. Commissioner Rydberg stated he didn't want to see camping all summer. Commissioner Larson-Vito stated it would be a maximum of 56 days per year of camping. Ms. Goodin stated ERX doesn't want to plat the oudot containing the camping area due to the MnDOT/ Highway 169 freeway proposal. Commissioner Rydberg stated he doesn't feel it's an unreasonable request but each year into the future has an opportuni, _to increase camping events. Ms. Goodin stated ERX wouldn t run sewer and water to the oudot. Commissioner Rydberg asked for clarification of why 11:00 p.m. was recommended for a cut off time. Mr. Leeseberg explained the live entertainment locations on the property and how the stage near the regional rack is oriented to have sound directed to the south,with the second stage sound being directed to the east with a hill to assist with sound buffering. He stated the 11:00 p.m. cutoff was a compromise with ERX's request for a midnight cutoff for live entertainment. Chair Johnson stated he would prefer to keep it consistent for all events and be in favor of ending at midnight. Commissioner Feinstein asked if condition 1 could include language regarding ongoing camping. Denise Lemmon spoke,representing numerous residents (Betty and Donald Lemmon, Norman Lemmon, and Irene Toth) living along Brook Road NW, stating the negative impacts the ERX track noise has had on those residents. She explained the neighbors' concerns regarding off-road truck noise on the speedway, concert noise, fireworks,impact on wildlife and cattle,late evening event noise, and how the events at ERX have negatively impacted them. She requested a 9:00 p.m. or 10:00 p.m. end time for events and fireworks. She requested the applicant change stage P 0 W I R I U 9 Y itmaA UREJ Planning Commission Page 6 May 22,2018 ----------------------------- direction to redirect concert sound as well as install some noise buffering shrubs, trees, or barriers to prevent noise from reaching residences. She indicated the residents want to see ERX successful but that ERX must realize the area zoned around their property is residential, and has been for over 50 years. She stated these folks moved to those properties to live and farm and now are impacted daily by the events taking place at the track. She further stated concerns regarding the additional types of events which could increase crime,lack of fencing and security,more opportunities for camping, and the hazardous waste issues with no sewer and water, along with smoke, chemicals, and oils from race vehicles. She requested assistance from the applicant and Planning Commission to help the community members residing near the track. Mr. Leeseberg outlined on the map the distance fro x idential properties to the track, showing a distance of about a half mil Commissioner Rydberg asked Ms. Lemmon anyone had approached the applicant with these concerns. Ms. Lemmon stated nothing had been proposed to the applicant by them but when complaints are made,the applicant says they're sorry. She said Josh Groen did visit Mrs. Lemmon's house. She explained the neighborhood is seniors and farmers who aren't assertively calling the police with complaints but instead are looking to the city to exact change. Chair Johnson asked if there were any,,police c s vandalism or complaints. Mr. Leeseberg stated he would have to check with the police department for that information but he hadn't heard of any complaints after events. Commissioner Thiel stated this was the first time any residents had voiced concerns, which he felt were helpful to hear. He stated sound will carry but now that more expansion has occurred,without vegetation the sound will carry further. Commissioner Rydberg stated some mitigation can occur to alleviate those concerns and perhaps a discussion with staff,the applicant, and concerned citizens is in order. Ms. Goodin thanked the residents for voicing their concerns. She stated they had offered dinner out, tickets,and hotel stays as a peace offering as she doesn't want to upset the area residents, expressing her sincere apologies. She stated Josh Groen, after visiting Mrs. Lemmon, didn't understand the ramification of the noise concerns. She stated she will bring these concerns back to the owners for alleviation. She stated security is at every single event. Gentleman in audience stated his concern was with security during overnight camping, drinking, and hours of operation. UREJ Planning Commission Page 7 May 22,2018 ----------------------------- Ms. Goodin explained their security procedures of two Elk River police officers are paid to stay overnight on site during camping events. Dennis Gallenberg - 10965 217"'Ave., explained his concerns with noise from the racing trucks, cars, snowmobiles, and the announcer on the loud speaker. He can no longer tolerate the noise and requested a decibel level on the vehicles operating as well as limits on when vehicles can operate. He said no one should have to constantly hear the noise from 8:00 a.m. to 12:00 a.m. Dave Solars - 21538 Brook Rd. NW, said the woods are thick but the noise penetrates the woods and vegetation anyway and additional vegetation will not buffer that kind of noise. He said something else needs to be d as a buffer to drop the decibel level. Mike Swanson, 21310 Brook Rd. NW, aske e 80 acre 1 is allowed to be used as a track. Mr. Leeseberg stated the entire prope 'is zoned XCR,which does allow certain permitted and conditional uses. Mr. Swanson stated he has witnessed ERX running motorcycles along the trail bordering his property and has concerns with accidents and liability if they happen to occur on his property. He stated it's seems impossible to contain the noise and he feels any additional vegetation won't be beneficial. He said the sound is already extreme and wished he didn't live next to it. He and his wife can hear the announcer on the speaker and are unable to be on the phone in their house with their windows open. He is concerned with adding concerts and evening event noise and wondering when this will end. There bem* no one further to speak, Chair Johnson closed the public hearing. r missiVW oner Jordan stated the reality is that this place exists and asked how the commission allows an operation to continue while mitigating noise issues, and suggested changes with stage position and speaker direction. Ms. Goodin stated the current concerts draw approximately 2500 guests with the potential of 3000 guests for a more popular artist. She explained stages previously used have backdrops that push the sound forward. She indicated since this was the first noise complaint she's heard,they can place the stages in different areas of the property to assist in noise mitigation. Commissioner Jordan stated before he could vote on these items,he asked for a more detailed concept of what ERX will do to mitigate noise and security concerns. He asked about people wandering off the property and if there was any sort of fencing or property line markers. Commissioner Jordan stated he can't vote for this until some of those areas are considered. P O w E R E U 9 1 UREI Planning Commission Page 8 May 22,2018 ----------------------------- Ms. Goodin stated there was a fence line along the south side of the property along the powerlines. She stated there is security at events but that doesn't always prevent guests from wandering. Commissioner Rydberg stated this item should be postponed until noise concerns are addressed. He wondered if a decibel study would need to be done to address those concerns. Commissioner Thiel stated he also wants to postpone taking any action tonight. Mr. Leeseberg requested more clear direction for staff on the matters discussed. Commissioner Jordan stated he would like to see discussion regarding event end time, suggesting events end at 11:00 p.m.,and reality that ERX exists and the neighbors find compromises with ERX. Commissioner Thiel wondered if the start and end times need to shrink by an hour or two on both sides to a later start time and earlier end time. Commissioner Larson-Vito agreed with 11:00 p.m. end time. She stated she would also like to explore the number of musical events,noting events happening every single weekend seems excessive. She also asked questions about the ordinance amendment and how to define more clearly the periodic events and no more than 2 special event recreational camping events per year. Commissioner Thiel stated the original conditions are more reasonable than the updated conditions and suggested using those as a starting point. Chair Johnson was supportive of changing the camping event limit from 2 to 4 per year. He stated the ordinance amendment has been discussed as a group over the past few years and would hate to delay a decision now especially since the applicant is willing to work with the residents to resolve their concerns. Commissioner Larson-Vito stated she could support the ordinance amendment this evening because of the applicant's willingness to work with the residents but felt the Planning Commission needs to ensure the neighbors aren't detrimentally affected by the events occurring as a result of approving the activities happening because of the CUP. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to recommend approval of the request by ERX Motorpark, LLC, for an ordinance amendment adding allowed conditional uses to the SCR zoning District as outlined in the staff report. Motion carried 7-0. UREJ Planning Commission Page 9 May 22,2018 ----------------------------- Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to postpone the Conditional Use Permit application request by ERX Motorpark, LLC, allowing for Off-Road Racing,Active Recreation and Physical Endurance, live entertainment, festivals, research and development, conference and event center, and swap meets as outlined in the staff report, until the June 26, 2018, Planning Commission meeting, and directed staff to review conditions as they concern noise mitigation, hours of operation, and special event permits. Motion carried 7-0. 5.1 General Business Mr. Carlton stated Commissioner Nicholas will attend the Council meeting on June 18. Mr. Carlton stated the City Council would like the commission's thoughts on the current attend policy. He stated the council asked if special meetings should be included in the 75% attendance requirement. It was the consensus of the Planning Commission t not include special meetings as part of the required attendance requ etxaent. 6.1 City Council Liaison Updat Councilmembe fa�ggner ted she ha` nothing new to update the Planning Commission from the latest City Council meeting. The Commission recessed 8:23 p.m. and reconvened at 8:23 p.m. in order to go into work session. 7.1 [' Bill Christian — Monroe Street Parcel ■ Concept Review for 25 single family homes on I acre sites ■ Rezone to R I-b Councilmember Wagner excused herself as Bill Christian is a client of hers. Mr. Leeseberg presented the staff report. Bill Christian—21000 Rogers Drive, Rogers,thanked the Planning Commission for taking the time to review his concept plan. He explained what current buyers are seeking for properties and homes,which are primarily 1 acre lots that fulfill the size and price requirements of today's buyer. He stated the price of a property and house would have a price range of$485,000 to $550,000. Mr. Carlton stated he is considering moving up a review of the Comprehensive Plan for a larger discussion regarding home affordability,lot size,increasing density, otmaA UREJ Planning Commission Page 10 May 22,2018 ----------------------------- future transportation plans in the Urban Service District, and how the city can support these changes into the future. The Planning Commission consensus was supportive of Mr. Christian's proposal, and smaller lot sizes in the R-1a zoning district. 8. Adjournment The meeting was adjourned at 8:45 p.m. Minutes prepared by Jennifer Green. Tina Allard City Clerk Eric Johnson Planning Commission Chair p 0 w I R 1 0 0Y UREJ