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05-22-2018 PC MIN C or �ty El Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, May 22, 2018 Members present: Chair F 'c Nicholas,Jill Ito, .ri johnson, Conamissioriers Nfike Nichola ]-,atson-V' Robe,rt Rydberg g, Alexander 1einstein, Brad Thiel, andjohn.Jordan. Meml.)ers Absenc None Staff Present: Planning Manager Zack Cathon, Senior planner Chris 1,eesel)erg, and Sr. Acitninistrative Assistant/Recording Secretary'lennifer Green Also Present: Councilmember_11 ennifer Wagner, Council I.,iaison g 1. Call Meeting to Order Pursuant to due call arid notice thereof, the meeting of the I-I,'lk River Planning (,onimission was called to order at 6:48 p.m. by ("hairjohnson. 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 it 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, 10 129 18 1" Ave. NW Conditional Use Permit— athletic complex updates & expansion, Case No. CU 18-09 Mr, Ixeseberg presented the staff report. He stated staff is recommending changing the apphcant:s request to an Interim Use lie it (IMI) with an expiration date on )nine 30, 2023, which will allow thc proposed use/expansion, He discussed that during a future meeting staff will present to the Planning Commission and (.:try ("ouncil an ordinance amendi-rient allowing( o mmercial Recreational Facilities in sonie single-family zoning districts, Mr. I-eeseberg explained athletic fields are allowed when associated with a school, and are allowed in single-farnily residential Planning C(,:m-mlis'sion Ngc 2 %byl 22,2018 districts, I ie stated the zoning doesn't allow for rnot(:)r vehicle repair shops and lie has since learned the applicant will be removing that portion from their plans. ("ornmissioner 11riel asked if the athletic fields can remain since the school building .relocated to a different site, wondering if this application qualifies for an It.!P if the use doesn't meet the defini6on. Mr. Leeseberg stated the 1UP language calls for a use similar to all allowed use and athIctic fields can reinain operational! on. the property as an interim use, even if the school isn't located there. fie stated an 11-31"is less restrictive than a Conditional tise Permit (CUP) and the city attorney was consulted on II-311's, Corntilissioner Rydberg, asked if there Nese any environmental impacts noted regarding increased impervious surface. Mr. Leeseberg stated there were increased building and parking areas but those were outside of the-wetland setback numbers. C,ommissioner Larson-Vito asked about the removal of the motor vehicle repair shop and asked if that should be a. cone[ition. Mr. Leeseberg stated the applicant's plans will be updated before being presented to the council. Commissioner Jordan asked what the school thinks of issuing an 11.11) versus a CUP, noting he Would be hesitant to invest nionev in sornething that may not be allowed there, Mr. Leeseberg stated in an email exchange with the applicant, Rick Peterson, arid that exact question was posed, Mr. Peterson requested 10 years and a guarantee that this would become an allowed use. tie stated the city has every intention to make that ordinance amendment but that is Lip to the ("ouncil. ChairJohnson opened the public hearing. Dan DeBruyn, Executive Director of Spectrum High School, was Present and explained Rick Peterson's absence due to attetiding a track competition. Mr. DeBruyn stated they also had the satrie concerns as Conitnissiconer Jordan but were willing] to move fonward knowing they had full confidence in city staff and their efforts in working with Spectrurn 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 tune as to decrease multiple CUPs. He stated Spectrum will be starting with construction of the west practice field. Fie asked if it would be allowable to change the plans from a service garage to a bus shelter. I I e also asked if the school could i T � i -s the language wasn't updated. receive air extension of the I L 13 if in 5 year Plaiming Commission Rige 3 May 22, 2018 Mr. Leeseberg stated an applicant maN, request all extension of an RA'. I-le stated the bus garage would be an accessory structure on the site and the city doesn't regulate Nvhat is stored in it, 1"here being no one further to speak, Chairjohnson closed the public hearing. Corninissionerjordari asked if the IUTP should lie granted for a 10-year period. Mr. Leescberg stated 5 years was the traditional length of time ft)r an IUP. Commissioner Larso.)n-Vito stated her understanding of the, time, for an RJP is to force some type of action such as building a permanent structure or the City Council making sorne sort of movement such as an ordinance amendment, G.)uncilmernber 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 com.fortable 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 corinectic)ns. CorntnissionerTbiel stated he is struggling with the 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, C .,ouncilmernber 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 Clouncil, had.a goal to locate land for Spectrum tci house both the school and recreational facilities on one piece but was unable to locate such a parcel. Chair.)ohnson 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. I Mr. DcBnryn 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 Ilse Pernnit for Spectrum High School to update and expand their athletic complex as outlined, in. the staff report with the following condition: I. "I'he Interim Ilse Permit shall expire on June 30, 2023. L Planning Ccprniniss�on Page 4 ,%Liv 22,2018 Motion carried 6-1 with Comniissioner Thiel opposing. 4.2 ERX otos ark, — 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. Fie distributed handout upda6rig their request for additional hours of operation. Commissioner 1-arson-Vito stated she felt very strongly about allowing overnight parking for individuals who consume too triuch alcohol and decide to take a cab home instead of driving their vehicle. She requested that condition 6 be removed as she d(--,)esn't feel the city should dictate this activity. Commissioner Larson-Vito stated she also,,vants to avoid people paying an Impound fee. Con-n-nissioner Rydberg stated he felt condition I and 6 conflict with each other, by allowing carriping and recreation but no overnight vehicles. Fle suggested restricting overnight parking when an event is occurring. Mr. I ceseberg stated staffs concern is excessive drinking that becomes a reason for people staying overnight and it becotning secondary tyj)e ofcamping. 1-le SLIggested exploring an option for specific events that allow camping overnight or no overnight parking excludifig the campground areas. (',ornmissioner Rydbcrg stated this is private property and the Planning C'ornrnission doesn't need to be policing that. Chair.)ohnson suggested eliminating condition 6 and the consensus of the planning Corninission concurred. Chair I johnson opened the public hearing. Heidi Goodin, Director of Operations for E.AX Motorl)ark, thanked Mr. Leeseberg and city staff for working with EXX tet assist in the giowtb of the motorpark. She also expressed concerns with overnight catriping 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 haviiig signature events (such as MonsterTruck Show) the ability to apply fora special event recreational carnping permit with the Minnesota Departnient of 1--1ealt.h (MIXI). T1s. Goodin requested 4 or 5additional camping events at Motorl-.)arh- for carnping on Oudot A and other caimpgrounds on site. She stated that based upon tett NA Planning Commission Page 5 Nlmy 22,2018 conversations with Tiffanj Niaresh at the MDHthe state sl-.)eclal event camping license is not land driven,,it's company driven. NIs. Goodin indicated F"WX 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 unaxvarc of any complaints about loud music. (;ominissioner 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. Con.-imissioner Rydberg stated lie didn't want to see camping all summer. Corninissioner Larson-Vito stated it would be a maxain. urn of 56 days per year of camping. Ms. Goodin stated F'WX doesn't want to plat the outlot containing the camping area due to the M.nl-)O'f'/ Highway 169 freeway proposal. Commissioner Rydberg stated lie doesn't feel it's an unreasonable request but each year into the future has an opportunity to increase carnping events, Ms, Groodln stated FRX wouldn't run sewer and water to the outlot. Commissioner Rydberg asked for clarification of why 11:00 p.m, was recommended fora cut off time, Mr. Lceseberg 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 uritli sound I.-niffering. lie stated the 11:00 p.m. cutoff was a compromise with F�R.X's request for a midnight Cutoff for live entertainment. (]hair Johnson stated he would prefer to keep it consistent for all events and be in r favor of ending at midnight. Cornet issio-mer Feinstein asked if condition 1 could 'include language regarding ongoing camping. Denise .Le tin spoke, representing nurnerous residents (I Betty and Donald Lerrit'non, Norman Lemmon, and Irene `Fath) living along Brook Road N'W, stating the negative impacts the FR-X 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 eveming event noise, and how the events at l^RX have negatively impacted them. She requested a 900 p.m. or 1000 p,in, end time for events and fixeworks. She requested the applicant change stage I Ilarming Commission Page 6 NIsY 22,2018 direction to redirect concert sound as well as inst-all sorne noise buffer-ing shrUbs, trees, or barriers to prevent noise from reaching residences. She indicated the residents want to see ERN successful but that F'IRX rnUst reahze 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 farin 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 crit-ne, 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 Conirnission to help the community members residing near the track. Mr. Leeseberg outlined on the trial) the distance from the residential properties to the track, showing a distance of about a half mile. ("Ic-)mmissioner Rydberg asked Ms. Lerntrion if anyone had approached the applicant with these concerns. Ms. Lemi-non stated nothing had been proposed tcn 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 fariners who aren't assertively calling the police with complaints but instead are lookin9 to the city to exact change. CharrJohnson asked if there were any police calls with 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. CommissionerThiel 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 I ', stated some mitigation can occur to alleviate those concerns and perhaps a discussion with staff, the applicant, and concerned citizens is in order. .Ms. Goodiii 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 C;roen, after visiting Mrs. Lernmon, 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 carnping, drinking, and h(.-)urs of operation. Ep�- Planning Conimisskm 11age 7 NL iy 22,2018 Ms, Goodin explained their security, procedures of two I?lk River police officers are paid tcs stay overnight oil site during carriping events. Dennis Gallenberg - 10965 217"' Ave., explained his concerns -with noise fro.mi the racing trucks, cars, snowi-nobiles, and the announcer on the loud speaker. Ile canno longer tolerate the noise and requested a decibel level on the vehicles operating as well as limits on when vehicles can operate, Ile said no one should have to constantly hear the noise ftorn. 8:00 a.m. to 12:00 a.m. Dave Solers - 21538 Brook. R.d. NW, said the woods are thick but the noise penetrates thewoods and vegetation anyway and additional vegetation will not buffer that kind of noise. Fle said something else: needs to be used as a buffer to drop the decibel level. Mike Swanson, 21310 Brook Rd. NW, asked if the 80 acre parcel is allowed to be used as a track. Nis, Leese erg stated the entire property is zoned XCR,which does allow certain perni.itted and conditional uses, Mr. Swanson stated fie has witnessed F"RX running triotorcycles 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 seetris 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. Fie and his wife can hear the announcer on the speaker and are unable to be on the phone in their house with their windows aspen, Ile is concerned with add:rig concerts and evening event noise and wondering when this will end. There being no one further to speak, Chair johnson closed the public hearing. Cotntnissionerjordan stated the reality is that this place exists and asked hcyw 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 rintigation. Commissionerjordan stated before he could vote on these iterros, lie asked for a more detailed concept of what f4RX will. do to mitigate noose and security concerns. He asked about people wandering off the ptoperty and if there was any sort of fcricing or property line markers. Cotimussicmer jordan stated he can't \To te for this until some of those areas are considered.. Planning Commission Page 8 May 22,2018 4s. (,,o(.,)diii stated there was a fence line along the. south side of the property along the powerlincs, She stated tlierc is security at events but that doesn't always prevent guests from wandenrig. ("orritnissioner Rydt)erg stated this itern should be postponed until noise concerns are addresscd.. He wondered ifa decibel study would need to be done to address those concerns. (,orrinussionerThiel stated lie also wants to postpone taking any action tonlgjit, "NIr. Leesebe.rg requested more dear direction for staff on the matters discussed, Coniniissio)nerjordan stated he would like to see discussion regarding event end time, suggesting events end at 11:00 p.rr-i., and reality that F"RX exists and the neighbors find comprornises with FAX. Commissioner Thiel woridered if the start and end times need to shrink by all hour or two on both sides to a later start titne and earlier end time. (',ommissioner Larson-Vito agreed with 11:00 [).in. end time. She stated she would also like to explore the number of musical events, noting events happerung every single weekend seerns excessive. She also asked questions about tile ordinance amendment and how to define triore clearly the periodic events and no more that) 2 special event recreational camping events per year. Commissioner]."Ind stated the original concbtions are more reasonable than the updated conditions and suggested usifig those as a starting point. (."hall- Johnson was supportive of changing the camping event limit from 2 to 4 per year. He stated the ordinance amendi-nent 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 wcAwith the residents to resolve then: concerns. C.ommissioner I.,arson-Vito stated she could support the ordinance arricndment 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 detritnCrital1v affected by! the events occurring as a result of appr(�.)vllig the activities happening because of the CUR Moved by Commissioner Larson.-Vito and seconded by Commissioner Jordan to recommend approval of the request by ERX 'Monto rpark,LLC, for an ordinance amendment adding allowed conditional uses to the SCR zoning District as oudined in the staff report. Motion carried 7-0. Ii"117— 0 piN A TU Ri Planning(",'orrunission 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 enter ark, LLC, allowing for Of 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 Cominissioner Nicholas will attend the (.,try Council niecting on, June 18, Mr. Carlton stared the City Council would like the commission's thoughts on the currentattend policy. Ile stated the council asked if special meetings should he included in the 750,'o attendance requirelnent. It-,.vas the consensus of the Planning C'orninission to not include special meetings as part of the required attendance requirement. 6.1 it Council Liaison Update Couriciltnember Wagner stated she had nothing new to update the Planning Commission frorn the latest (.:try Council meeting. 'T'he Commission recessed at 8,:23 p.mand 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 * RezonetoRl-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 Coin. rnission for taking the time to review his concept plan. He explained what current buyers are seeking for properties and homes, which are primarily I acre lots that fulfill the size and price requirements of today's buyer. Fle stated the price of a property and house would have a price range of$485,000 to 5550,000. Nix, Carlton stated lie is considering Moving up a review of`the Plan for a larger discussion regarding lot size, increasing density, P I I R I I I T NATURE Nanning("011IT11 is Sion Page 10 May 22, 2018 future transportation plans in the Urban Service District, and he: the city can support these changes into the future. The Planuitig (-orntnission consensus was supportive of Mr. ("hristian's proposal, and smaller lot sizes in the R.-la zoning clistnict, 8. Adjournment `Fhe meetilig was adjourned at 8:45 p,rn. Minutes prcpare'cJ,'l-)y Jennifer Green. Tina jkUard Cit v 'lerk c obrisor) Planning Commission Chair