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5.3b. PCSR 06-26-2018 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.3b Agenda Section Public Hearings Meeting Date June 26, 2018 Prepared by Chris Leeseberg, Senior Planner Item Description Elk River Extreme Motorpark, LLC, 21591 U.S. Hwy. 169 NW  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 ~ continued from 5-22-2018 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Approve, by motion, a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. No more than four Special Event Recreational Camping events per year can occur on the aggregate properties that are encompassed with this CUP request. 2. The hours of operation for Live Entertainment are limited to Friday and Saturday 8:00 a.m. – 11:00 p.m. and Sunday through Thursday 8:00 a.m. – 8:00 p.m. 3. The hours of operation for all other events are limited to Friday and Saturday 7:00 a.m. – 11:00 p.m., Sunday through Wednesday 8:00 a.m. – 8:00 p.m. and Thursdays 8:00 a.m. – 10:00 p.m. 4. A containment system plan, for along Highway 169, shall be submitted by July 26, 2018 and the system shall be installed by October 31, 2018. If a containment system cannot be in place by this date, no events shall occur on the track labeled “Regional Track” until one is in place. 5. The southern 80 acres (75-110-4400) shall only be utilized for parking, event staging, pits, and for active recreation and physical endurance facilities. No motorized events shall be allowed. 6. An amendment to this CUP will be required for future expansions/additions not shown on the site plan dated 6/13/2018. 7. Staff approval of the Safety and Crisis Communication Plan. a. This shall be reviewed yearly. 8. Staff approval of an on-site traffic/ distribution plan that demonstrates: a. Logical on-site distribution of participants, spectators, and public safety. b. Adequate on-site stacking for admission and egress. c. Adequate off-site stacking for access and egress without impacting U.S. Highway 169. 9. The Aggregate Commercial 4th Addition plat shall be recorded. 10. The Aggregate Commercial 5th Addition plat shall be recorded. 11. The approved Conditional Use Permit (CU 16-30) will become void. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-10 ERX\4-Planning Commission\6-26-18\CU 18-10 sr 6-26-18.docx Background/Discussion Case Number CU 18-10 The subject property is east of Highway 169 along the between the 213th and 221st Avenue alignments (see red dot on Figure 1). The property is zoned Extreme Commercial Recreation (XCR) where Off-Road Racing Facilities require a Conditional Use Permit (CUP). An Ordinance Amendment (OA 18-05) was approved by the City Council on June 18, 2018, allowing the following uses as a Conditional Use Permit (CUP): Active Recreation and Physical Endurance Live Entertainment Festivals Research and Development Conference and Event Center Swap Meet The applicant received a CUP (CU 16-30) on January 17, 2017, and with approval of this CUP request, it shall become void. Regional Track Future track expansion plans include an addition to the existing chalet which would include bathrooms and concessions, as well as an additional storage shed. These improvements will require a building permit. Off-Road Track Future track improvements include a two level announcing tower, restrooms, VIP Structure, and a concession stand. A scoring shelter, grandstand bleachers, viewing structures on the east and south sides of the track, and storage shed will also be added to the track area. In the meantime, the applicant will continue to utilize temporary/portable bleacher units. These improvements will require a building permit. During the Planning Commission meeting, May 22, 2018, the commission asked for an update on where speakers are located. The updated site plan, dated 6/13/2018, shows the location and direction of speakers. Special Event Recreational Camping Area The applicant is requesting that the area shown on the site plan dated May 7, 2018, be allowed for Special Event Recreational Camping. Special Event Recreational Camping Area means a recreational camping area which operates no more than two times annually and for no more than 14 consecutive days. During the Planning Commission meeting, staff recommended a condition stating, no more than two Special Event Recreational Camping events per year can occur on the aggregate properties that are encompassed with this CUP request. This includes all events operated by ERX, the applicant, or any N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-10 ERX\4-Planning Commission\6-26-18\CU 18-10 sr 6-26-18.docx third parties that may contract with the applicants. The applicant requested 4-5 events be allowed. The commission discussed this and there was mixed opinion on how many events to allow per year. Staff amended the condition to allow four events per year. Live Entertainment The applicant is proposing two stage areas for live entertainment. The one near the Regional Track is where these events have occurred in the past. This stage is oriented to have the sound directed to the south. The second stage is west of the Off-Road Track and originally was proposed to be oriented to have the sound directed to the east. The property was previously graded to provide a 30+ foot grass hill east of the stage to act as seating as well as help buffer the sound traveling to the east. The updated site plan now shows the stage oriented to the west. Although sound will not be completely eliminated from the property, the 30+ foot hill and mature forests east of the area should minimize the sound to the east from live entertainment, should the stage face east. Staff recommends no live entrainment occur after 11:00 p.m. on Fridays and Saturdays, and not after 8 p.m. Sunday through Thursday. The commission discussed hours and there was mixed opinion on when live entertainment events should end. Comprehensive Plan The property currently has a land use designation of Highway Business, Mining, and Development Reserve. The Highway Business land use ranges from moderate to high intensity forms of commercial development in Elk River. Businesses in this category may be the largest both in terms of size and traffic generation while also providing services and convenience types of business. Market orientation tends to be regional in nature. Development orientation tends to be toward regional highways. Examples of Highway Business uses include discount retailers, grocery, restaurants, automotive sales and service, general merchandise, and professional services. The Gravel Mining Area Land Use, Transportation, and Utility Plan identify the subject property as Highway Business and Low Density Residential. The proposed use is consistent with the Comprehensive Plan. Transportation/Circulation The site has two access points from Highway 169. All access before and during events for spectators and participants/sponsors will occur at the 217th access. The southern access will only be for emergency purposes and exiting at the end of an event. A future access will occur at the intersection of 213th Avenue and Highway 169. As can be seen on the attached police incidents report, there have been two incidents resulting in objects or vehicles entering Highway 169. The applicant is working on a plan to protect objects and vehicles from entering onto Highway 169. Staff recommends a containment system plan, for along Highway 169, shall be submitted by July 26, 2018 and the system shall be installed by October 31, 2018. If a containment system cannot be in place by this date, no events shall occur on the track labeled “Regional Track” until one is in place. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-10 ERX\4-Planning Commission\6-26-18\CU 18-10 sr 6-26-18.docx The applicant is currently adding four feet of concrete landscaping block and another four-foot fence on top of that for Spectator Safety. Utilities The subject property is not located in the Urban Service District. Although the current project does not require city services, some of the proposed permitted and conditional uses in the XCR district will require city services and this will have to be addressed in the future. This area, as shown in the Comprehensive Plan, is not anticipated to have city services until beyond 20 years. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The property has been zoned for Off Road Racing Facilities and has been operating as such for several years. Until the Planning Commission meeting on May 22, 2018, staff was unaware of any issues neighboring properties have had with the races/events. With the introduction of Live Entertainment Facilities, there is concern with noise associated with live entertainment. The applicant has proposed the hours of Monday through Thursday 7:00 a.m. – 10:00 p.m., Friday through Saturday 7:00 a.m. – 12:00 a.m., and Sunday 8:00 a.m. – 8:00 p.m. Staff would recommend the hours of operation for Live Entertainment are limited to Friday and Saturday 8:00 a.m. – 11:00 p.m. and Sunday through Thursday 8:00 a.m. – 8:00 p.m. Staff would recommend the hours of operation for all other events are limited to Friday and Saturday 7:00 a.m. – 11:00 p.m., Sunday through Wednesday 8:00 a.m. – 8:00 p.m. and Thursdays 8:00 a.m. – 10:00 p.m. 2. Will be consistent with the comprehensive plan. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-10 ERX\4-Planning Commission\6-26-18\CU 18-10 sr 6-26-18.docx 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion. Adverse impacts have been reviewed with the Environmental Assessment Worksheet (EAW) completed in 2016 and on a yearly basis through the review of the Safety and Crisis Communication Plan. As indicated on the police incidents report, interference with traffic on adjacent and neighboring public thoroughfares is of concern. Because of recent incidents, staff recommends a containment system plan, for along Highway 169, shall be submitted by July 26, 2018 and the system shall be installed by October 31, 2018. If a containment system cannot be in place by this date, no events shall occur on the track labeled “Regional Track” until one is in place. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. As stated in standard #1, with the introduction of Live Entertainment Facilities, there is concern with noise associated with live entertainment. The proposed conditions in that standard should satisfy this standard. The EAW outlining traffic control will ensure traffic will not become excessive. Staff will continue to work with the applicant and adjust as needed the spectator safety and traffic/distribution plans. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. This standard was reviewed as part of the EAW, and potential impacts are addressed by adoption of that plan. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-10 ERX\4-Planning Commission\6-26-18\CU 18-10 sr 6-26-18.docx If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60 day review period ends on June 29, 2018. Through a 60-day letter, the application was extended to August 28, 2018. Council Meeting If acted on, this item will go to the July 16, 2018, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Applicant’s Response to Neighbors Letter  Site Plan dated June 13, 2018  Parking Diagram  Building and Sign Images  Police Incident Report Memo of Response Background On Tuesday, May 22, 2018 during the City of Elk River Planning Commission meeting neighbors of ERX Motor Park expressed concerns regarding the facility. This is memo is in response to those comments made. Camping All spectator camping will occur in the two lots to the north of the tracks (PID: 75-725-0010 – Outlot A and PID: 75-110-0105 – Plaisted Company Property). On the map these areas are the furthest away from the new 80-acre parcel (PID: 75-110-4400) purchased in the fall of 2016. ERX Motor Park will utilize the new 80-acre parcel (PID: 75-110-440) for racer pit spots. Pit spots are where drivers and their crew will work on their vehicles. We will continue to use this area as a pit location. For all camping ERX follows the Minnesota Department of Health guidelines on sewage, waste, and public health related items. Security As outlined in the ERX Safety Plan on file with the City of Elk River, we will utilize our onsite security at all of our events and will continue to work with the Elk River Police Department as required by the Safety Plan. This spectator safety plan on file with the City of Elk River and is updated yearly as part of our Conditional Use Permit. In the event a third party should rent the facility the third party will work with ERX staff to adhere to all safety and security plans as outlined in the Conditional Use Permit. Environmental ERX Motor Park has gone through a Phase 1 and Phase 2 environmental clean up of approximately 160-acres of property to bring it back to a healthy state from previous owners. We have also performed one wetland delineation on the property to bring the wetlands back into compliance from previous ownership. To eliminate future contamination, we have built in sediment ponds to filter any waters going into the wetlands. ERX Motor Park recycles all used oil that is onsite. We are also the only facility on the off -road circuit that provides oil barrels for racers to discard used oil, these barrels are monitored regularly, once an event is complete the oil is then recycled. Date Received: 6-20-2018 Page 2 Wildlife Habitat ERX Motor Park participates in a Quality Deer Management Program (QDMP) which protects and strengthens the herd of deer on our property. We do this through food plots, mineral are as and a trail camera monitoring system. The first deer harvested at ERX in 10 years was in the fall of 2017. The Deer population has grown three-fold since this program was put into place. We have also strengthened the habitat for the turkey’s and in t urn the turkey population has grown three-fold as well. Traffic ERX Motor Park continues to work with the Minnesota Department of Transportation for our events. We have also performed an Environmental Assessment Worksheet (EAW), a big portion of this assessment was the traffic portion. ERX Motor Park will continue to adhere to the traffic guideline on US Highway 169 as stated in the EAW and the spectator count will dictate traffic plans. ERX Motor Park also has on file an ingress and egress spectator plan with the City of Elk River. Noise ERX Motor Park hears the concerns of the neighbors in the noise affecting them. ERX will commit to providing to the neighbors a schedule of events monthly via US Mail, and will do our best to update this schedule within the month if there are changes. Whenever possible ERX will commit to positioning any concert stage to direct sound towards the West of the property when held in the concert area to the South East of the property. ERX Motor Park will limit the number of off-road buggy practice days during each month and will commit to only holding practice between the hours of 9am-5pm. Additional Safety Measures ERX Motor Park is currently going throughout the property and adding additional safety measures where needed. The current project is containing the Regional Track. We are adding a four feet of concrete landscaping block and another four-foot fence on top of that for Spectator Safety. The next project on the Regional track will be to come up with a plan to protect objects and vehicles from entering onto Highway 169.