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06-26-2018 PC MINElk River Members Present: Members Absent: Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, June 26, 2018 Chair Eric Johnson, Commissioners Mike Nicholas, Jill Larson -Vito, Robert Rydberg, Alexander Feinstein, Brad Thiel, and John Jordan None Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Planning Intern Benjamin Picone, 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 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider June 26, 2018, Planning Commission Agenda Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel to approve the June 26, 2018, Planning Commission agenda. Motion carried 7-0. 4.1 Consider May 22, 2018, Planning Commission Minutes Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the May 22, 2018, Planning Commission minutes. Motion carried 7-0. 5.1. First National Bank of Elk River (obo Color Sign Systems) -19157 Freeport St NW 5 Conditional Use Permit — digital sign, Case No. CU 18-07 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Planning Commission Page 2 June 26, 2018 There being no one to speak, Chair Johnson closed the public hearing. Moved by Commissioner Feinstein and seconded by Commissioner Thiel to recommend approval of the Conditional Use Permit for First National Bank of Elk River to install a digital sign at 19157 Freeport St. NW, as the standards set forth in Section 30-654 have been satisfied. Motion carried 7-0. 5.2 Iglesia Luz de Cristo — 633 Upland Ave. NW, Suite A • Conditional Use Permit —Case No. CU 18-10 Mr. Carlton presented the staff report. Chair Johnson opened the public hearing. There being no one further to speak, Chair Johnson closed the public hearing. Moved by Commissioner Larson -Vito and seconded by Commissioner Jordan to recommend approval of the Conditional Use Permit (CUP) application request by Iglesia Luz de Cristo to operate an Institutional Use (church) at 633 Upland Ave. NW, with the following condition: 1. The Building Official and Fire Marshal must inspect the property for existing life/safety concerns. Any identified concerns must be addressed prior to recording the CUP. Motion carried 7-0. 5.3 ERX Motorpark — 21591 U.S. Hwy. 169 NW Zone Change — from Commercial Reserve Transition (CRT), Case No. ZC 18-12 • 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 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Conrad Tanasychuk, 333 Washington Ave N., Suite 300, Minneapolis, is an attorney who was present to voice the concerns of Don and Betty Lemmon and other neighboring property owners. He thanked the Commission for allowing him the opportunity to express his concerns. He requested explanation to the differentiation between the zoning of commercial and extreme. He stated what he could tell, the zone change would allow more types of activities in the area and felt 01F REI Ir NATURE] Planning Commission June 26, 2018 Page 3 it's important for the Commission to realize there are residential properties near ERX and the area is not zoned solely for commercial use. He asked for the Commission's consideration for those property owners, many whom are elderly, to consider stricter regulations regarding safety, shorter hours of operation, the racing activity's decibel level and pollution, and he requested noise and decibel levels be measured and controlled from both vehicles and concerts. He ended with wondering the effect on property devaluation resulting from rezoning. Heidi Goodin, Director of Operations for ERX Motorpark, thanked the Commission members who were able to tour ERX since the last meeting. She requested the Commission consider simplifying the hours of operation to 2 sets of hours to follow rather than 3 sets of hours. She also requested 5 special event camping permits per year. She stated a containment plan is in the works, and was last year, and the current proposal is installing tension cables and a fence. She requested a 2 -month extension from July 26, 2018, to August 26, 2018. She proposed a 250' south and east setback on the 80 acre property, stating they allowed the track get too close to south property line, which was a mistake. She stated ERX will provide signage that there is a 250' setback. She stated they foresee about 5 motorized events per year occurring on the 80 acres. She stated they foresee about five live entertainment events per year occurring and proposed the plans for the entertainment stage be revised and direct the sound back to the terraced hill. She addressed the neighbor's concerns brought up and stated ERX will attempt to minimize anyone potentially traveling onto private property by putting only the racers on the south end of the property and placing spectator camping on the north end of the property, along with installing "no trespassing/private property" signs along the south and east property lines. She stated sewage and garbage handling is compliant with the Minnesota Department of Health (MDH) camping guidelines, and ERX follows the MDH's restrictions on the dumping of sewage by hiring Nelson Sanitation with specialized equipment to pump campers and portable toilets, and no sewage is allowed on the ground. She stated their track uses more garbage cans than any race track in the region, or country, to control trash and garbage, and cans are emptied daily. Rick Haugland, 21401 Highway 169, adjacent to ERY, indicated he moved here in 1994 looking for sunsets and privacy. He has watched the ERX site grow, noting events are sometimes noisy about twice a year but they provide family friendly events and always keep the place clean. He stated he has nothing bad to say about ERX. Norm Lemmon, 11216 Brook Road, questioned if Mr. Haugland really lived there. He questioned why the city can spend $4 million dollars to stop the railroad train horn noise and require by city ordinance that vehicles have mufflers on the highway, but asked why is the city approving a plan to allow noise from ERX. He stated the vehicle motors raced at ERX are 900 horsepower without mufflers and rattle his windows. He invited the Commission to come over to his house on July 13th and 14`' to hear the sound for themselves. He stated he preferred the evening schedule of ending events at either 9:00 p.m. or 10:00 p.m., but not 11:00 p.m. or 12:00 p.m. He a i E B[! l i NATURE Planning Commission June 26, 2018 Page 4 questioned if the hired security guards were as qualified as city police, and stated he didn't feel four security guards were enough to handle the crowds. He stated he doesn't see how the city will benefit from the events hosted at the ERX property. Mike Swanson, 21310 Brook Rd. NW, asked about public hearing notification range. He invited the Commission to visit his property during an ERX event. He stated he is in favor of no general racing events on the 80 acre parcel. He asked if there will be an end to ERX's expansion. There being no one further to speak, Chair Johnson closed the public hearing. Mr. Leeseberg reviewed the uses that are allowed in the Commercial Reserve Transition (CRT) and the Extreme Commercial Recreation (XCR). Moved by Commissioner Larson -Vito and seconded by Commissioner Nicholas to recommend approval of the request by ERX Motorpark for an ordinance amendment to rezone certain property from Commercial Reserve Transition (CRT) to Extreme Commercial Recreation (XCR) for the following reason: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Motion carried 7-0. The Commission reviewed and discussed the CUP condition 1, with the applicant requesting five Special Event Recreational Camping events per year instead of four. Chair Johnson stated after visiting the site and seeing how secluded the northern campground area was, he didn't have a problem approving ERX's request to increase the special events from four to five per year. Commissioner Larson -Vito wondered if there should be a setback requirement for the camping area, which could alleviate some concerns raised regarding security, garbage, and trespassing. Commissioner Jordan asked if the applicant is bound by rules and restrictions for noise by campers. The applicant indicated they are bound by rules and restrictions under their MDH license. Commissioner Feinstein asked for clarification for the number of days for special event camping license through MDH. Mr. Carlton clarified that as outlined through the MDH license, an applicant can have up to two events lasting up to 14 days each. a011RII Ii I�io Planning Commission June 26, 2018 Page 5 Commissioner Larson -Vito noted that with a CUP, the conditions will be applicable to the property and future property owners will also have to comply. She stated she is open to modifying the condition to five special events if they address the 80 acres setback. The Commission discussed the hours of operation with the goal to simplify the schedule to remain consistent with both live entertainment and events, and being mindful the area is rural but noise still travels. Chair Johnson had concerns with ending an event at 9:00 p.m. on Thursday evenings. It was the consensus of the Commission to modify the hours of operation for live entertainment and events to Friday and Saturday 7:00 a.m. to 11:00 p.m., and Sunday through Thursday 7:00 a.m. to 9:00 p.m. The applicant may extend an event time to end by midnight five times per year by applying for the city's special event permit. The Commission discussed condition 4 and the request by the applicant to extend submitting the containment system plan to August 26, 2018 with installation by December 1, 2018. The Commission agreed with that modification. The Commission discussed condition 5, the southern 80 acres (75-110-4400). Chair Johnson was in favor of imposing a setback from the border but doesn't want to limit what can occur on that property, stating he didn't think it fair to regulate their activities. He proposed the applicant be allowed to use the entire 80 acres for what the zone change proposes and apply a setback for uses. The Commission discussed applying a range of setbacks from 50' to 250'. Commissioner Thiel thanked the applicant for allowing them to visit as it assisted in allowing him to view the size and scope of their operation. He asked their opinion about applying a 50' setback to the property and would that allow them the space to operate while being useable and still respectful to their operations. Chair Johnson agreed with Commissioner Thiel and stated if the property were to be allowed mining operations, ordinance would only require them to maintain a 50' setback. Mr. Leeseberg showed the Commission approximate setbacks on the map. It was the consensus of the Commission to add the following condition: 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. The Commission discussed the live entertainment and speaker placement. 101YEaI0 if NATUREJ Planning Commission June 26, 2018 Page 6 Chair Johnson and Commissioner Jordan both agreed the event speakers should be turned south facing the road rather than facing the berm. Commissioner Jordan suggested holding a concert in each direction and measure. The applicant has the right to use their property but the residents have protections as well. He didn't feel the hill was tall enough to block the sound from reaching the residents. Commissioner Rydberg concurred with Commissioner Jordan and felt more study needs to be done with sound/noise levels, perhaps by measuring a few events, and mitigation. Chair Johnson stated facing east makes more sense rather than facing the highway. He stated the size of the hill is pretty good with 70' oak trees. He stated it won't block all of the sound but it's the best option available. Commissioner Larson -Vito stated by utilizing the hill for seating seems most logical but doesn't claim to know much about sound. She stated the hours of operations will hopefully help with noise mitigation. She stated there is also an opportunity to bring people and revenue to the city. Chair Johnson stated he understands the noise concerns but felt at the end of the day, 30 days of events per year is better than 365 days a year of mining operations. It was the consensus of the Commission to support live entertainment with sound facing east. Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel to recommend approval of 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, 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 t 0 W E R E O e r ,a TUR Planning Commission June 26, 2018 Page 7 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. 8. 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. Motion carried 7-0. 5.4 City of Elk River — Ordinance Amendment • Ordinance Amendment relating to wetland setback regulations, Case No. OA 18-06 Mr. Carlton presented the staff report. He added a third proposal to the review process to allow the variance process in place and all staff review as done currently with an appeal to the Board of Adjustments if the property owner disagrees with staff's recommendation. Chair Johnson asked about properties platted prior to 2006 and residents wished to mow grass to the edge of wetland as outlined on their plat map that they received when purchasing the property. Mr. Carlton stated there is no mechanism to catch those properties prior to 2006 but with newer properties, yes, turf may go up to the edge but it is more for structures. It was the consensus of the Commission to have property owner's work with staff in this proposed review process to address the runoff concerns or any other issues when proposing to build a structure in the wetland setback and provide the Board of Adjustment when there were any disagreements. Chair Johnson opened the public hearing. There being no one to speak, Chair Johnson closed the public hearing. 0 a E A E 1 1 NATUREI Planning Commission June 26, 2018 . Page 8 Moved by Commissioner Feinstein and seconded by Commissioner Jordan to recommend approval of an Ordinance Amendment relating to Sec. 30-1852, Wetland Setback Regulations, and allowing staff to administer a review process for all properties platted prior to adoption of the wetland setback ordinance as outlined in the staff report. Motion carried 7-0. 5.5 City of Elk River — Zone Change ■ Zone Change - ■ C2 (Office District) to Ric (Single Family Residential) and DD (Downtown District), Case No. ZC 18-03 Mr. Picone presented the staff report. Chair Johnson opened the public hearing. There being no one fin-ther to speak, Chair Johnson closed the public hearing. Moved by Commissioner Larson -Vito and seconded by Commissioner Nicholas to recommend approval of an ordinance rezoning three lots from C2 (Office District) to R1c (Single Family Residential) and two lots from C2 to DD (Downtown District) for the following reason: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Motion carried 7-0. 6. General Business There was no general business. 7. City Council Liaison Update Councilmember Wagner stated she had nothing new to update the Planning Commission from the latest City Council meeting. Commissioner Jordan is scheduled for the July 16 City Council meeting. The Commission recessed at 8:12 p.m. and reconvened at 8:12 p.m. in order to go into work session. P01ER[I er IA1 URE Planning Commission Page 9 .�_ June 26, 2018 8.1 R I a Lot Size Requirements Mr. Carlton presented the staff report. The Commission discussed a building footprint being smaller, accommodating wetland setback and wellhead regulations, septic concerns, updating the Comprehensive Plan, road infrastructure handling an increase in traffic, current and future market demands, and county staff analyzing traffic counts county -wide. They discussed the costs of purchasing land and building a home, and opportunities in where to place these types of lots a particular distance from a city or county road with impacts on public safety. It was the consensus of the Commission to continue discussion, taking time to figure out the best approach to orderly development and formulate an ordinance considering all factors that could impact by decreasing lot size requirements. 9. Adjournment The meeting was adjourned at 8:35 p.m. Minutes prepared by Jennifer Green. Tina Afdi City erk UmeTohnson Planning Commission Chair F011REI If NATURE]