7.4B. SR 07-16-2018 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 7.413
Agenda Section Meeting Date Prepared by
Public Hearinj 16, 2018 Chris Leeseber , Senior Planner
Item Description Reviewed by
Elk River Extreme Motorpark,LLC - CUP Zack Carlton,Planning Manager
Reviewed by
Cal Portner, City Administrator
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 five Special Event Recreational Camping events per year can occur on the
aggregate properties that are encompassed with this Conditional Use Permit request.
2. The hours of operation shall be:
a. Sunday through Thursday 7:00 a.m. —9:00 p.m.
b. Friday and Saturday 7:00 a.m. —11:00 p.m.
c. Five (5) exceptions per year,by special event permit,will be granted for extended hours to
midnight
3. A containment system plan, for along Highway 169, shall be submitted by August 26, 2018, and
the system shall be installed by December 1,2018. 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.
4. No motorized events shall occur on the southern 80 acres (75-110-4400) within 1,000 feet of any
residence,livestock shelter, and/or arena that were erected prior to the date of the recording of
this Conditional Use Permit and must be setback 50 feet from any property line.
5. Camping areas shall be as identified on the site plan dated 6/13/2018 and shall not be closer than
50 feet to any property line.
6. An amendment to this Conditional Use Permit will be required for future expansions/additions
not shown on the site plan dated 6/13/2018.
7. The Safety and Crisis Communication Plan be updated to state: Two (2) Elk River police officers
shall be required per every 2,000 attendees.
8. Staff approval of the Safety and Crisis Communication Plan.
a. This shall be reviewed yearly.
9. 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.
10. The Aggregate Commercial 4th Addition plat shall be recorded.
11. The Aggregate Commercial 5th Addition plat shall be recorded.
12. The approved Conditional Use Permit (CU 16-30) will become void.
Background/Discussion
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional P U W E H E o s r
service, and community engagement that encourages and inspires prosperity /` UR
Case Number CU 18-10 - The subject property is east of Highway 169 along the between the 213`'and
2215`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 —\�`i •
Conditional Use Permit (CUP):
• Active Recreation and Physical Endurance
CR 33
• Live Entertainment
• Festivals ;.
• Research and Development
• Conference and Event Center RR
• Swap Meet
Hwy:0
The applicant received a CUP (CU 16-30) on January 17, 2017, and \ CR iz
with approval of this CUP request,it shall become void.
Regional Track
Future track expansion plans include an addition to the existing chalet P9
which would include bathrooms and concessions, as well as an ti"y
additional storage shed. These improvements will require a building '°%
permit.
Off-Road Track Figure
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
Special Event Recreational Cat*' Area means a recreational camping area which operates no more than two
times annually and for no more than 14 consecutive days.
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. The Commission amended the condition to allow five (5)
Special Event Recreational Camping events per year on the aggregate properties that are encompassed
with this CUP request. This includes all events operated by ERX,the applicant, or any third parties that
may contract with the applicants.
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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 announcing tower 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 terraced hill east of the stage to act as seating as well as help buffer the sound traveling to the
east. The Planning Commission had no issues with the stage facing either east or west.
Hours of Operation
The applicant has proposed the hours of-
Monday
£Monday through Thursday 7:00 a.m. — 10:00 p.m.
Friday through Saturday 7:00 a.m. — 12:00 a.m.
Sunday 8:00 a.m. — 8:00 p.m.
The Planning Commission recommended the hours of operation be:
Sunday through Thursday 7:00 a.m. —9:00 p.m.
Friday and Saturday 7:00 a.m. — 11:00 p.m.
Five (5) exceptions per year,by special event permit,will be granted for extended hours to
midnight
Staff would like direction from the Council if this should mean five days or five "events". For example,
does a Friday-Sunday event constitute one exception allowing extended hours to midnight all three days?
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 213"'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 from objects and
vehicles entering onto Highway 169. The applicant will have a containment system plan submitted to city
staff by August 26, 2018 and have the system installed by December 1, 2018. If a containment system
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cannot be in place by this date,no events shall occur on the track labeled "Regional Track"until one is in
place.
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.
Police Department
The Police Department is recommending the Safety and Crisis Communication Plan be updated to state,
Two (2) Elk River Police Officers shall be required per every 2,000 attendees. Having Elk River Police
Officers providing security during events is essential to ensuring the safety and livelihood of those
working and attending the events. Onsite security ensures a timely response to any incident and
immediate care and direction in the event of an issue.
Fire Department
The Fire Department informed staff the Safety and Crisis Communication Plan will need to address an
Emergency Notification System sometime in the future. This can be accomplished during the yearly
reviews of the Safety and Crisis Communication Plan.
Sound Metering
City staff will be visiting the site and surrounding properties on July 12-13 to take sound readings during
practice events,race events,and a concert. Staff will provide these numbers to the Council during the
meeting. The MPCA Guide to Noise Control indicates household units (including farm houses) be
limited to 65db for 10% of an hour (6 min/hr) or 60db for 50% of an hour (30 min/hr) to preserve
public health and welfare.
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:
7. mill 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 orgeneral welfare of the neighborhood or the city.
The property has been zoned for Off Road Racing Facilities and has been operating as such for a
decade. Until the Planning Commission meeting on May 22, 2018, staff was unaware of any issues
neighboring properties have had with the races/events. The attached police incidents report only
indicates one noise complaint.
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The applicant has proposed the hours of-
Monday
£Monday through Thursday 7:00 a.m. — 10:00 p.m.
Friday through Saturday 7:00 a.m. — 12:00 a.m.
Sunday 8:00 a.m. — 8:00 p.m.
The Planning Commission recommended the hours of operation be:
Sunday through Thursday 7:00 a.m. —9:00 p.m.
Friday and Saturday 7:00 a.m. — 11:00 p.m.
Five (5) exceptions per year,by special event permit,will be granted for extended hours to
midnight
2. mill 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. 1Vill not impede the normal and orderly development and improvement of surrounding vacant proper y.
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.
4. Weill 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 ystems,parks and schoolr;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,the Planning Commission recommended a containment system plan,
for along Highway 169, shall be submitted to city staff by July 26, 2018 and the system shall be
installed by December 1, 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. WIN 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.
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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. The Safety and Crisis Communication Plan will be reviewed yearly.
6. mill 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. Wlill fully coVywitb all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license orpermit 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.
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 X15.99 the required 60 day review period ends on June 29, 2018. Through a 60-day
letter,the application was extended to August 28, 2018.
Attachments
■ Site Plan dated June 13, 2018
■ 1000' Setback Exhibit
■ Denise Lemmon Email
■ Planning Commission Memo dated June 26, 2018
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rural. Think he forgot we are in the city. We are residents of Elk River and should be better represented. All in all, we appreciate both you and Conrad coming to bat for us. We know you two are busy and we appreciate your time. Deep pockets control.] &KULVSOHDVHNHHSPHXSGDWHGDVWRWKHUHDGLQJVDQGDQ\FRQVLGHUDWLRQVEDVHGRQ\RXUILQGLQJVSULRUWRWKHFRXQFLOPHHWLQJ7KDQN\RX+DYHDJRRGZHHNHQG'HQLVH/HPPRQ