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7.1 SR 07-05-2022Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date 1july Prepared by Public Hearings 5, 2022 Chris Leeseber , Senior Planner Item Description Reviewed by Conditional Use Permit: Expand a Track, Construct Zack Carlton, Community Development Director Roof Viewing Area, and Install Changeable Copy Reviewed by Sign, ERX Motor Park, 21591 Highway 169 Cal Portner, City Administrator Action Requested Review the information received from Princeton and Elko New Market, and, ■ Council may approve, by motion, the CUP request along with the conditions noted in the May 16, 2022, staff report. Or ■ If Council requires a sound study, the applicant will need to provide a written request for extension, or Council must deny the CUP request during the July 18, 2022, regular meeting as there would not be enough time to conduct one by July 26, 2022. Background/Discussion The Council postponed action on the Conditional Use Permit (CUP) at their May 16, 2022, meeting requesting a sound study be completed. After that meeting, the applicant requested a work session with the Council to discuss the expectations the Council had for the sound study. Discussion included where and how often studies should occur along with the merits of a study. The applicant indicated there are five events each year that generate most of the noise complaints. After the Council discussed the merits of conducting a sound study, they directed staff to research other racetracks in the state. Staff reached out to Princeton Speedway and Elko Speedway and Drive-in Theater and have included information received from those two operations. Princeton Speedway has no mitigation measures in place, other than a curfew (similar to CUP standards for ERX) and Elko Speedway stated a noise assessment was conducted in 2005 and was associated with some platting and development of the track property. The noise study is included in the attachments and staff contacted the consultant that completed the investigation. They noted that a similar study could be turned around in 2-3 weeks upon completion of collecting the desired readings. The overall timeline would depend on how often data is expected to be taken. The consultant indicated a rough ballpark estimate would be $5,000-10,000, noting it will depend on many factors. Per state statue, the city must act on this item by July 26, 2022, unless the applicant requests in writing the 60-day rule be waived. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service,,` 01 e and community engagement that encourages and inspires prosperity INAWRE1 If the Council desires a sound study, the CUP request should be denied as there would not be enough time to conduct one by July 26, 2022. If the applicant agrees in writing to extend the review time, waiving the 60- day rule, the council can postpone action to an agreed date. Attachments ■ Site Plan dated May 16, 2022 ■ May 16, 2022, Conditions ■ Emails from Princeton and Elko ■ Speedway Aerials ■ Elko documents Site Plan May 16, 2022 KEY u m E Ili FEET zoo SCAL l� ( Spectator Entrance Q Parking © Special Event Camping Area Race Pits QE Storage Shed QF Concert Stage © outdoor storage QH Possible Special Event Camping Area QI Possible Bathrooms J� Welcome Arch © Future Expansion ® VIP Structure Q Future Road Connecting to 169 Q Future Changeable Copy Sign © Future ice Machine Future Structure ® Future Storage Structure FLTI E ►A In All m M1 lives Q _`,�'� 1000 parking spots "THE RIDGE" appi a 0 a a n-motorized trails must be set back 50 feet from the north, east, and south progerty lines fle.are prohibited within I,000 feet of any�esiden I/or arena, regardless of when they were ere,ctee, 1 Mage irection C7 "THE FIELD" u New staff, proposed uipli�aF1� � 11011. , ka! .. torage_and \Future Viewing „! � M Structure F Maintenance O �Ox22 shed 'd Carlson �n Motor�•� • EJ@ �500 parking spots „ 0 shop Sports Venue 6 z s � P O Chalet o 0 "THE MEADOW" 0 0 o Storage Shed 0 - yR P 2x36 shed �. W Readmission Gate A CWS1r • Public Access Structures (as of May 16, 2022) -any type of gathering, assembly, spectators, viewing, and/or customers Future Public Access Structures ERX Conditions for the July 5, 2022, City Council Meeting 1. No more than five Special Event Recreational Camping events per year may occur on the properties that are regulated by this Conditional Use Permit. 2. The hours of operation shall be: a. Sunday through Wednesday 7:00 a.m. — 9:00 p.m. b. Thursday 7:00 a.m. —10:00 p.m. c. Friday and Saturday 7:00 a.m. — 11:00 a.m. d. Five (5) three (3) day events per year, by special event permit, will be granted for extended hours to midnight. 3. Motorized events are prohibited within 1,000 feet of any residence, livestock shelter, and/or arena, regardless of when they were erected. 4. All motorized and non -motorized trails must be set back 50 feet from the north, east, and south property lines, and 45 feet from all delineated wetlands. 5. Staff will continually work with the applicant on the location of future trials to ensure they are not impacting wetlands and/or required buffers. 6. Existing structures used for any type of gathering, assembly, spectators, viewing, and/or customers shall be reviewed by the building official for compliance with all state and local building codes. 7. Camping areas shall be as identified on the site plan dated May 16, 2022, and shall not be closer than 50 feet to any property line. 8. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 16, 2022. 9. A wetland delineation shall be completed and approved by the state. The updated boundary must be included on the final plat of Aggregate Commercial 6`h Addition. 10. Staff approval of the Safety and Crisis Communication Plan. a. This plan shall be reviewed annually by all parties prior to May 1. 11. 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. 12. The Aggregate Commercial 6th Addition plat (Case File PE 22-01) shall be recorded. 13. Noise generated on the property via the Conditional Use Permit shall comply with those outlined in the MPCA Guide to Noise Control. 14. The changeable copy sign shall not exceed 70 square feet and must comply with the standards set forth in Sec. 30-864 (e). A sign permit is required. 15. A Minnesota Department of Natural Resources (DNR) Appropriation Permit shall be required for any water use that is above 10,000 gallons a day or totaling 1 million gallons or more within a year. This includes snow -making applications and spraying for dust control and other construction needs. 16. Conditional Use Permit (CU 18-10) will become void upon the recording of this permit. Email received from the City Administrator from Princeton As to the Speedway, someone, somewhere usually complains about the Speedway at least once or twice per year. Sometimes, its people that aren't even living immediately adjacent to the grounds. The Speedway has a curfew, it's 11 pm, but they have four nights per season (20 weeks long) that they can go longer. If they plan to go long and know a head of time, they are required to inform the city. One of those times is always the Fair Friday since they get more racers then. For Princeton, track conditions dictate how well the races go; races with fewer cautions get done quicker — this year we haven't had any complaints (that I know of) because we have finished between 10 and 10:30 pm. Last year, they ran over curfew on several nights; the police department just comes and tells the promoter to move things along. Other than the curfew, there are no mitigation measures in place. I would be careful requiring mitigation; depending on what it is, it can "bounce" the sound thereby impacting others farther away from the event — MNDoT experienced that with their sound walls along the highway. Mature vegetation will absorb much of the sound, but that takes time to grow if they have removed it from the site. Surprisingly, wind also affects where sound travels. As an aside, doing a noise study likely won't help your cause. The noise standards are measured a distance from the actual machine, not at the property line; by the time you get the measuring device at the property line, the noise is usually within allowable standards, especially if everything that is running is properly mufflered. The other issue with a noise study is the fact that you have a highway adjacent to the site; the equipment will not be able to easily differentiate between the event noise and the highway noise. Email received from the City of Elko new Market Senior Planner The Elko Speedway has been operating in Elko New Market since 1965 so they are basically legal nonconforming. Over the years they have applied to the city for allowance of other uses such as certain events (i.e. concerts) and the incorporation of a drive-in movie theater. All of their land use approvals, including the racetrack uses, were reviewed in 2017 and incorporated into a PUD ordinance which I have attached. In 2021 the PUD was amended to allow exterior storage of boats and RV's during the off season (also attached). I have worked full time for the city since 2016, and part time prior to that. I have only received one complaint ever regarding the noise. Most people in the community will admit that on race nights, the noise is audible for a long distance, but in our community, it is largely accepted — part of the culture I guess. The owners and operators of the Speedway are really good to work with here. They are really on top of everything from directing traffic to security, and working with our Police Department. If issues come up they seem to address them. First race event after Covid there was a huge (unexpected) traffic jam that caused some back-ups onto adjacent roadways. Any potential for back ups was addressed by the next event. There was a noise assessment conducted in 2005 associated with some platting / development of the track property. I have attached the noise assessment. I am not sure if the company is still in business but I recall a coworker saying they did a good job of explaining the noise study / issues to the Planning Commission and Council. You might also consider contacting our police department to get their feedback. Brady Juell is our Chief of Police (Office Direct (952)461-6068 Ext. 2) or Craig Bell is the Sergeant. Let me know if you have additional questions! nnies eying rk Gas Iri-At- ain sr EIko Nevu.l la�ket;l ibra y a6o acuhler;ide��}l r ►New Perspectives ICounseling ! MARKET r oY r m x Premier Property 5, a __InspeciiQns , ® Sketchy.'eds Fretr�n Fildi} WIAh perw,g j Elko 1�ldw Hills Pal k Market `" 5 -All Green Land"scape,iric A j Turning rTech rroiagy n r.� ■ EDINA REALITY , : Fredricl w r Ar Pete's Hill Park r- °rtiet a d 0, United Postal; a Elko Speedway`& + Drive-in Theater I: l 4 wIA - ` Mid West D I PikeBuck Indus ig ♦ j`'l� ■ Kati 'es Koakies MN, Windrose Tot Lot :ing r 4^Jindrose Park j1 A NIBth'St - r LL ¢ �r H&G?,uto SOes _ ' C . Princeton Pei Hospital e oral Feed S��icr 7th 5tN iif,- ID. N 7Yh 5t INC contracting Iinn 1�t: Princeton F - Ftlerin , Famil ' r t�rg muni Gar en ° r fa, r � � G � , ,., Princeton � r 1� • �� Nei ghbprs On T e u�m t •� ++ I' P s ..i ant m = - i►t �� R .: Ca Itnol9 Cemetery St�l - West BoivrcanhNoRives Marana MOtc,.s; "k �a J St N %nt • i t I e Princeton. Wine & Spr■■its • UPS ACCess "` St h StN aR sr Point lacation •' - �� ° a:::i"C m • Cakv ood c:cdrt Hy Tech Autol ome, Mille Lacs d1akmart SUperceriter. �°+�• i` Fa 3rdSt : • II Re�rialdy i1 � 1 7 r x .. . 4 4! ". T oaks Apartments.. i „Pnnce#gnP[ • a N 2ndist I NT2dd'St. • 'le Ha°en Town •m vo _ �Ues$ ..Wcob'so t j y ,° Print Toha •cc� Blue 45 ater r x • :. I,II'=1:I'1rl i � 1stSl ti 4 a r,,. yst.sa � Ur �° kern n ?i � r 1. Elko Market Place Preliminary Site Plan, dated March S,IOO6 prepared byProbe Engineering 2. West Concourse Area Detail, dated October 27,2OlO 3. Concourse Area Layout, dated October 27,281O 4. Non Racing/Non Music Events Area, dated January 13,2O11 5. Camping Area, dated February 11,2011 6. Accessory Outdoor Seating with Liquor and Food Service Area, dated October 1, 2012 7. Drive |nMovie Theater Site Plan, dated April 9,2OlS 8. Drive InMovie Theater Visibility Plan, dated April 9,2U15 9. Drive |nMovie Theater Entering & Exiting Plan, dated April 9,2015 10. Elko Speedway and Drive |nRules and Policies, dated April 9,2O15 11. Elko Speedway and Drive |nSecurity Plan, dated April 9,2D15 12. Elko Speedway and Drive |nEmergency Plan, dated April 9,ZOl5 13. Playground Area, dated October 2I,2O15 14. Permitted Liquor Service Area, dated November 1'2O16 16. Comprehensive Sign Plan, dated February 14, 2017, prepared by Appro Development 16. Overflow Parking, dated February l4,ZU17 17. Simultaneous Race and Movie Events Parking, dated February 14,2O17 ti 19 PRFI UNARY RIE- 6ATA FEE OWNER/ R & F PROPERTIES DEVELOPER: 26350 FRANCE AVENUE ELKO. MN. 55020 CONSULTANT: PROBE ENGINEERING CO., INC 1000 E. 146TH ST SUITE 240 BURNSVILLE, MINNSOTA 55337 ENGINEER: OAREN J. MEIER PE N0.40112 SURVEYOR: RUSSELL P. DAMLO RILE NO. 19086 Elks Market Place Preliminary Site Plan TOTAL AREA = 177.88 ACRES / 7,748,529 S.F. OUTLOT A = 65.07 ACRES / 2,834,384 SF OUTLOT B = 11,93 ACRES J 519,851 SF OUTLOT C = 10.39 ACRES j 452,626 SF OUTLOT D = 4,88 ACRES / 212,370 SF LOT 1 / 81-K 2 = 42.36 ACRES / 1,845,108 SF OUTLOT E = 32.72 ACRES / 1,425,257 SF LOT 1 / BLK i = 0.95 ACRES / 41,463 SF ■ ■ �cU#rr,. 5T c � VICINITY MAI' F11 F U9 6RE STRELT DETAIL >r y'4 1 The Norti,was(Quaner of Section 2], Township 113, Range 2t, Scott Count', Minnesota ezceGYin9 (hose parts describetl as tollaws: Y, The West 080.00 feet vfNe North 680.00 feel of Ne NOMwesi Quarter (beret(; 2. The No,N t20.00 feet of the South 320 00 feet ottM1e West 12000 feet o(!he Easl 390.09 feel of the SaoNcasl Ouaner of the Noniwes(Quar!erihervoi; The N.b-TOvn H, 113. Range 11, Scvtl Couhty, Mihne— —Piing those parts-.1,a 1 as fo.. .Iw.01,n 01eetwesiru dai the nanheasi o�haasNQreoY.vNeoce vrestialong of 300.00 leaf; thence south 6900 feel; thence east 3W.00 feeiLNannorth 50.00 feetm the point of beginnpg I. 2. Re9innmg al a pint on Ne neat line of said Noaheaai OaaY.ar of Ne Sou11wes Quarter tlisixai 111.18 feet souN of the nor9heasl comer thereof', NeOce west, a1 riQnt angles to said east line, a distance N 240 feet and 5 inches; thence south, parallel to saitl east line, a tlistance of 30000 fee(; thence east a tl'¢iance v1290 leaf antl 5 inches m szp east fine; Nance nort 30000 icol fa Nv point oY be9ihnieg. 3, ee0innin0 at a paint iha north line of said northeast Quaner of ltle Seuihwesl —rier tlismnf 33301 feel weal of iha norheasi wmer Nereo(; Nance south, para6el wiN said east Gne, a tlisNnrz of 50.03 feet; Hence east, parelwl of 42 vniI I vrih fine, a disfnnce 58 en feet: (hce souN, paralsaid earl Gne, distance of 35G.80 [net; Nance west, al tigni K angles fo said east- Gnv, a Ssianw o1 30000 teal (hence noriFOFy a dtsfonco of 396.10 feet to a point on the north Tina of saitl NOMeasl duarterof the Sou[Fwest 9varter tlisfani 25% d2 feet west at Ne polnl al begianln9; llrence exsteay to Ina poNl of be0inning 4. 2eginning si s point on the oast Gne of sap Nonneasf puarter of Ne SoMI I canner ainane e+Tis reef watn of me nonheaat comer enamor; fhenxe want a IX i5000 feel; Hence South a distance of M. teat', thence East , beglof 150.00 feel Hence NORM1 a distance of i5900 feel fo Ne polo1 of nm9. 6. A strip deacrfbed as Na Eas12 rorm o1 the NOM 1 Yl feat of gfe Nodhevst Quarter o(Ihe SvuNrresl �aarfer. 8. Eeglnni,N ate point on Ne aesl Gne vi said NorN.. i, —.of Iho Sovlif 1, It Quarter tlismni 11 ].80 k<I svuN of IM1e northeast comer lhercof, Hence west, at aAM angina to said east line, a tlisienw or 296 teal antl 6 inches; ihente ltaM, at an9lea, a tlia ker of 1, of are oO r f a feed Hence e east, at rgnf angles, a disunco ct feet and 5 imIris, to Neast Gne N of uitl cnneasf Qua Ne nches, 2� Soathweaf Quaaee; lhenw souiF, ebng said east line, a tlismnce o(6Y.i6 feat N IM1e point of be9innin0. I N D E X PRE —PLAT 1 PRELIMINARY PLAT SITE 200 GRADING 2 PRELIMINARY GRADING (200) 3-6 PRELIMINARY GRADING (60) DTHM 7 PRELIMINARY UTILITY PLAN 200) 8-10 PRELIMINARY UTILITY PLAN 60 CONSULTING ENGINEERS p, fiOBE PLANNERS and LAND SURVEYORS NGINyE�jEptilN'G r R—1— PREPARED R & F PROPERTIES p rob Pre!lmir�ary Plat /Site wwrso*. 26350 FRANCE AVENUE y A Py� gryy g�p� pj�y(y� PLACE �'.BLKO MARKET B2AC 10 ; COMPRNY, INC. t 1000 EAST 146th STREET, BURNSVII.LE, MINNESOTA 55337 PH (952)4 ELKO, N. 55020 A EtKO. MINNESOTA 77 Concourse 100 0 100 I 200 Scale ,„ — ,Do, Area Layou YELLOW AREA [ONEOURSE i Concourse Area Layout Dated: October 27, 2010 10 N I 11/ill/ I Non Racing/Non Mi 100 0 100 2W / Scale 1" ORANGE AREA =NON-RA[ING / NON -MUSIC EVENTS AREA Non Racing/Non Music Events Area Dated: January 13, 2011WETLAND '2011 r, f� (`•\ �a� ',f, x x� ��gross area--v, 6 � / I / t Camping Areas Dated: February 2, 2011 / / / x Existing Track rynr/.->rO Tickets ®.<• ' Restrooms o+icgssTo�i$ ADDITIONAL OVERNIGHT ® I \'Scorir CAMPING AREA 1 8. Dumpster Enclosu Garage Ivy \� --6--grass— ale°E.eof 9.01 —6gross ores -V" DilWT111IOYE EIX10C6 I �� O FS00, vgravel aeo�L� _ �—grass area I ��`• OS ++ t _ I• rid{ V --6--bituminous surface-P� I NsS? + + t + + —6 -,9 ovel ore0-L92 z+ \+µ+ �8 1 + o N+ � + + Dramoge and utility easement per `^C/ 0,0 + T plat of ELKO VAP,KET PLACE and'—=. + + + Q �16 o W�+ + + + + per Document No. 391666 `\ \ Q f + + + + + + S00.M Tracking �M - _- 33' 00. _ _ t !O + I + + + w L ;O EXISTING OVERNIGHT +f* + + + + CAMPING AREA I �+ + + + + + + + + + o + g area �; I 237.15 /' zM� 1++++++F i/ I• o\ N N S88'3246"W /+ + + — J Egtv(ip* t, 0 +�+++t+++ t Storage. r c r 0 V" N r �//�� CPS t o� fi 838/7"E� + + + + + + + xH t+++++t+++t+X++ .-(D e;Aq . + + + + + + + + + + + C$nsttgction K) � V , i c + + + + t + + + + �_+ + 2 i ++++t+++++t+++++ /N7g'S009 \+ +� A t t t + + t + ��/ 96. } ` O• Q w O•' V ..I. OO O `�` t + + + + t + /o ��, + I S89'27'00"E , t t + t + + t j=/�+ _299.85 — + t + t + + t . N t + t + t t t + + D 1 + + + + + + + Ott+ + +t++ 100 a 100 200 Scale 1" PURPLE AREA = A[[ESSORY OUTDOOR SEATING WITH LIQUOR &FOOD 5ERVI[E AREA DATED: OETOBER 1, 2012 Dated: April 9, 2015 caxwrnxc ExaxEERs. NOSE PLWNERS aM ANO SURVEYORS ENGINEERING n.Rff tl r �Pm R & F PROPERTIES zaTSo �^�� ^�xE DRIVE IN THEATER LAYOUT COMPANY, INC. EUtO-NEW MARKET. NN ELKO MARKET PLACE v t 1000 EAST IKON STREET. BUPo:SNLLE AIINNESOTI. 55]5> PX (952j0.13-]IXp -E.—RECTW10 EEKO-NEW NMKET, xNESOTN PER FIELD OBSERVATIONS THE .0 VIEW ALONG SITE LINE -WILL BE OBSTRUCTED BY EXISTNG PACE TRACK WALL (SEE SHEET 3 OF 6) Drive In PER FIELD OBSERVATIONS THE VIEW ALONG SITE LINE'C' WILL BE OBSTRUCTED BY EXISTING HOUSES EXISTING TREE LINES (SEE SHEET 4 OF i) L A —GE- . A All d" Dated: April 9, 2015 3,x,f. 1" = 200' 0 PER FIELD OBSERVATIONS THE VIEW EAST OF SITE LINE -W I L BE ABLE TO SEE PORTIONS Of THEPROPOSEDSCREEN G, Tf-iEVIEVVW STOFSITELINE-D-WiLLSE OBST, RUCTED B. EXISTING TREE LINES (SEE SHEET S OF 6) ALONG SITE LINE "17 WIM BE OBSTRUCTED 8YEXISrING TREE LINES (SEE SHEET 40F,N — -- — — — — — — — -- — — — — — — — — — (N ANSICOUNTYROA-1 T'ERFIEWOB$ERVATIONGTHEVISWAL o SITELNE-WI-L Be OBSTRUCTED BY EXISTING TREE LINES 2 (SEE SHEET 2 OF 61 P, AIN— I. — ROBE 7 VISIBILITY PLAN R s NGINEERING MW - ----- F PROPERPE C M NEE —1. —E �. �6�._J�N�u.RN -- OMPRNY, INC. ELKO MARKET PLACE -11 ATSUIT. IB-1— I Twi ,7 " ` ROBE xANra�s-d LAND SsuRVE,as "`""'° N0""*' "' ENGINEERING �� " q REN90N5 ERFPARm FOR: R do F PROPERTIES AR1YE X HEMER E V79MM & DOT PLAN ' COMrRNY, INC. 25350 EW MANCE ET, ME Ell(O-NEW MARKET, MN a 1000 EAST 198Nh STREET. NURNS'ALLE, MINNESOTA WM7 PH (952) 32-3000 / / L EM(O-NEW MARKET Elko! Rules and Policies Dated: April 9, 2015 WA L rT1 Racing • Eve of Destruction • Drive -In ELKO SPEEDWAY AND OUTDOOR MOVIE THEATER RULES AND POLICIES Welcome to Elko Speedway & Elko Drive -In Movie Theater. All of us at Elko welcome you and your family and friends. We hope that you have the very best experience and totally enjoy your time here. In order for everyone to have the best time possible, please make yourself familiar with the rules and policies that are listed below. Please be respectful to other patrons of Elko and also the surrounding neighborhood. 1. TAILGATING. You are welcome to tailgate, picnic and BBQ at Elko. Generally speaking, tailgating will occur from 7:30pm-9:30pm on movie nights and 5pm-7pm on race nights. For your safety and the safety of others, please limit open fires to the designated picnic/BBQ area and respect the people around you. 2. ALCOHOL. We want all guests of Elko to have the beverage or their choice and to drink responsibly. However, no outside/carry-ins of alcoholic beverages of any kind are permitted on Elko Property. No consumption of alcoholic beverages will be permitted without the following conditions: a. You must show proper identification to prove age. You must be 21 years of age or older to consume/purchase alcohol. No minor consumption of alcoholic beverages will be tolerated. If minor consumption is involved, Elko New Market Police will be called immediately. b. Any and all alcoholic beverages must be purchased at Elko. C. Alcoholic beverages must be consumed in Elko's regulated liquor service area only. d. Elko may refuse to serve alcoholic beverages to any person for any reason. e. Elko may report any persons in violation of the alcohol policy to Elko New Market Police if we believe you are acting contrary to the law or in a manner which may endanger or disrespect yourself, others, or their property. f. If you are asked to leave because of an alcohol policy— no refunds will be available. g. Coolers are not permitted in the designated restricted race track area. Please obey the signs. 3. LOUD NOISES. So everyone can enjoy their time at Elko, loud noises will not be allowed. When the movies start, Elko considers that "quiet time" and no loud noises are acceptable. Security will issue one warning for any excessive noise or to lower the volume on your sound system. The second incident will result in that "group" being asked to leave the premises. No refunds will be issued. Rule of thumb: if the vehicle next to you can hear you or your sound system then it is too loud. 4. LIGHTS. Please no use of bright lights, flares, sparklers, fireworks, head lights, dome lights, etc. Anything that generates light will not be permitted. Lighting will be available around the parking areas and race track area to insure the safety of our patrons. 5. BEHAVIOR. We want everyone to have the best experience possible. Our image will be shaped not only by our staff, drivers, teams, but our patrons as well. Our goal is to ensure that everyone has an excellent time but that we also create a safe and supportive environment for everyone while maintaining a wholesome, family oriented atmosphere. Each guest should act responsibly and be considerate of others. Remember, Elko is privately owned so patrons who fail to comply with Elko policy and rules after being warned will be asked to leave. No refunds are available if you are asked to leave. Below are some behavior guidelines: a. Please wear shoes, pants, and shirts at all times. b. No public urination will be allowed. C. No abusive language or contact will be allowed. Anyone exhibiting this behavior will be asked to leave the premises without a refund. If necessary, Police will be summoned. d. Be courteous and respectful of others around you and the surrounding neighborhood. Do not sit in aisles/walkways; be loud and/or disruptive to the people around you. Please use common sense. e. Smoking is permitted in designated areas. f. Patrons caught throwing any items will be immediately removed from the property. g. Please help us by picking up after yourself. Garbage/Recycling cans are available all over the facility. h. All bags, purses, blankets, cars, etc. are subject to search. Prohibited items or contraband that is discovered during security inspections at any time will be confiscated. Unlawful items that are discovered during security inspections will be reported to the Police. 6. PROHIBITED ITEMS. To ensure that all patrons have a safe and enjoyable visit to Elko Speedway and Champions Outdoor Movie Theater, the following items, are examples but not limited, will not be permitted to be brought onto the premises: a. No carry -in or brought in alcoholic beverages. b. Coolers are not permitted in the designated restricted race track area. Please obey the signs. C. Glass containers d. Weapons e. Illegal drugs f. Fireworks, sparklers, flares, etc. g. Laser lights, etc. 7. ALL PATRONS WILL BE ASKED TO LEAVE THE PROPERTY BY 2AM. No overnight parking, tents, campers or camping is permitted. Our gates will be locked at 2am but will reopen at 9:00am the next day to allow for retrieval of vehicles. 8. MISCELLEANOUS ITEMS. Below is a list of other rules and policies for Elko. a. There will be absolutely no re -admittance once you leave Elko. You will not be able to return. b. It is your responsibility to prove that you purchased a ticket. If you are asked to prove purchase you must be able to produce your ticket. C. Any person under the age of 14 must be accompanied by an adult. d. It is up to every individual to know the curfew laws. Anyone on Elko's property under age, after curfew times without a parent or guardian will be asked to leave without a refund. e. Grilling is only allowed in designated areas. No open fires except in designated picnic/BBQ areas. f. NO PETS allowed on our premises unless it is a guide/service dog to aid the visually impaired, hearing impaired or physically disabled. g. Articles found during an event will be turned into the lost and found at the Souvenir Stand. h. Handicap seating for racing is located at the bottom of the center grandstand with companion seating adjacent to this designated area. 9. PAYMENT FORMS. Elko accepts the following payments: Cash or Credit (MasterCard or Visa only); No checks accepted. 10. PARKING. Parking is always free with a ticket in designated areas. Please allow our security team to show you were parking is located. Handicap and Disabled Parking is available in our designated areas. You must have your disabled parking pass issued by your state displayed in your window or on your license plate. Motorcycle Parking is located just east of the A frame office building_ These special areas are clearly marked. 11. EMERGENCIES. In case of an emergency, please find security personnel to assist you. a. LOST CHILDREN - Elko personnel will escort children whom become separated from their families to the souvenir stand until their families are located. If you are looking for your lost child, please find the nearest Elko Security personnel. b. FIRST AID — If you are in need of first aid and it is not a dire medical emergency, please contact Elko Security personnel for assistance. If it is a dire emergency have someone call 911, then alert Elko Security personnel. C. INCLEMENT WEATHER — Elko Security and Personnel will direct you in what to do in the case of inclement weather. 12. SECURITY. Elko Security personnel will be stationed throughout the premises should you require assistance, please contact Security or the nearest Staff Member. Do not handle the situation yourself; our Security Staff is here to help. The appropriate person or agency will be dispatched to your location to assist you. Thank you for respecting our rules and policies. We know you will appreciate and understand why we need to detail and enforce these rules and policies. It is extremely rare that speedways and outdoor movie theaters even exist in this day and age. In order for Elko to continue to provide this experience, we need everyone to stay within these rules and policies to respect our neighbors and this amazing community of Elko New Market. Thank you and have a great time. Elko Speedway and Elko Drive -In Theater Staff. Elko! Security Plan Dated: April 9, 2015 ELKO! Racing • Eve of Destruction • Drive-in CHAMPIONS OUTDOOR MOVIE THEATER SECURITY PLAN FRANCE AVE ENTRANCE: One security official will be used for each lane open for ticket purchases. This security official will: A. Sweep to prevent any carry -ins or other contraband. B. Distribute Elko Speedway and Champions Outdoor Theater rules and policies. C. Verify appropriate adult supervision. D. Tell people to turn off headlights E. Assist with directions and correct parking procedures F. Move traffic control devices to shift traffic lanes based on demand. G. Instruct on exiting procedures. H. Instruct patrons on our no re -admittance policy. I. Have 2 way radio(s) to be able to communicate with other security/staff. ROVING SECURITY: We expect two security officials to rove the outdoor theater parking area at all times. These security officials will: A. Be equipped with golf carts. B. Have 2 way radio(s) to be able to communicate with other security/staff. C. Aid in correct parking procedures and exiting procedures. D. Noise control. E. Checking for proper admittance (ticket purchased). No sneak ins. F. Check for carry -in, minor consumption, other contraband. LIQUOR SERVICE AREA: A security official will be stationed at the gate that controls the entrance and exit for the liquor service area. This security official will: A. Not allow alcohol to leave the liquor service area. B. Make sure everyone has the required ticket to enter the premises. C. Keep surveillance on possible underage drinking. VIOLATION PROCEDURE: Refer to Elko Speedway and Champions Outdoor Movie Theater Rules and Policies. Elko! Emergency Plan Dated: April 9, 2015 XArJffr04*1 Racing • Eve of Destruction • Drive -In ELKO SPEEDWAY AND CHAMPIONS OUTDOOR MOVIE THEATER EMERGENCY PLAN The purpose of this emergency plan is to anticipate the possible types of emergencies/disasters that could occur at Elko Speedway and Champions Outdoor Movie Theater (Elko) and designate key personnel, provide county and local police, fire, sheriff and medical contact information and detail basic guidelines in which to handle these situations. Elko will also hold an annual mock evacuation to train key personnel on proper procedures in the case of a real emergency. Elko Speedway and Champions Outdoor Movie Theater will cancel or postpone and event based on severe weather/tornado warning. General Guidelines Elko's manager on duty (MOD) will be the lead person representing Elko. The MOD will keep in contact and gather information and instruction from Scott County Sheriff and/or Elko New Market Police and Elko New Market Fire Department. The MOD will communicate directly to other Elko key staff members in this order with communication being established by using 2 way radios and also cell phones: 1. Head Security Official 2. Race Director 3. Chief Steward 4. Track Announcer 5. Office Manager 6. Concessions Manager 7. Champions Manager 8. On Site Medical Personnel How to React to an Emergency or Disaster Remain calm and make sure the MOD and the Elko New Market Police, and/or Scott County Sheriff office, and/or Elko New Market Fire are involved. The MOD will immediately gather as much accurate information and directions as available. The MOD will work with Elko staff, especially the track announcer, and give appropriate information to the general public. MOD should direct Head Security Official on what action is necessary. Proper and effective communication is critical in time of emergency or disaster. All involved must work together to insure timely response. Site. Grandstand and Buildina Evacuation In the case of evacuation, the following procedures will be followed: 1. Remain calm. 2. Advise staff via 2 way radios and/or cell phones of the need to evacuate. 3. Make public address announcements to evacuate by proceeding slowly and as directed. 4. Assist disabled persons. 5. Make sure other areas not in range of the public address systems are also clear of people. Once evacuation bcomplete, stay inthe designated areahiasdetailed unour emergency plan checklist form attached, until released bvlaw enforcement, fire orother emergency services. Dmnot return to the evacuated area(s)until cleared bvauthorized personnel. Donot talk tothe media nrgeneral public regarding reasons for evacuation — authorized personnel will handle that. Emergency Phone Numbers Elko New Market Police 911 or 95Z-46l'686Q(Regular hrs.) 952-445-l411(after ho.) Elko New Market Fire 911 or 952'461-2777 Scott County Sheriff's Office 911 or 953'445-1411 National Weather Service 952-361-6670 Northfield Hospital 507-646-1OU0(Northfie|d,MN) Fairview Ridges Hospital 952-892-ZU08/Burnsvi||e,MN) Queen ofPeace Hospital 852-7S8-4431(New Prague, MN) Elko Speedway/Champions Outdoor Movie Theater Contact Numbers Tom Ryan, President/Owner 61I-282'4330 Beth Tatge, CFO 612'282-4336 Robin Anderson, GK8 952-237-5181 Concession Mgr 952'461-7223 Tim Olson, Race Day Conr. 612-327'5831 Faith Olson, Employee Coor. 612-220'7124 Jason Searcy, Announcer 763-355'7320 Date: Nature of Incident: Location (Be Specific —draw map on back if necessary): What were the circumstances leading up to the incident: Time: If the result of negligence, what will be done to correct condition: Z� Name(s) of Injured or Involved Address Phone No. Name(s) of Witnesses Address Phone No. Was police, paramedics, fire department, etc. called: Y / N If an report number was given or contact info, please write here: Form completed by: If so who: Date: BE AS DETAILED AS POSSIBLE — USE THE BACK OF THIS SHEET IF NECESSARY TURN INTO OFFICE IMMEDIATELY Elko Speedway/Champions Outdoor Movie Theater Emergency Plan Checklist FIRE SITUATION Location ofFire In-house rcpometeam notified SemhtwSafety/Maintenanoeonalert oronscene Reclassify iffacility threatened Fire Department contacted | |Communication nfthreat SEVERE WEATHER Manager on Duty notified of weather alert Alert upgraded to warning Communication of warning to key staff Race Track/Theater shutdown implementation Evacuate Elko Property Find cover in Champions, Concessions Bldg., Office Bldg., Sovenir Stand, Bathrooms BOMB THREAT Call recorded Contact Po|ice/Shehff'sOffice Communication ofthreat asdirected bylaw enforcement | |Initiate evacuation vfarea CIVIL DISORDER |ncidentpemediatad Incident spontaneous Isolation ofirate guest Contact Po|ice/She,ifrsDept. EMT's/Paramedisalerted o,contacted | |Addidnna|crowd control FOCID/BEVERAGE TAMPERING Deliberate tampering (extortion) Outside agencies required/contacted Illness outbreak - evaluation by ks Date: Time: AM / PM Nature ofIncident: Loration(BeSpecific—drawnnaponbarkifnecessam)' What were the circumstances leading uptnthe incident: |fthe result ofnegligence, what will bedone tncorrect condition: Nanneb\ofInjured or|nvo|ved Address Phone No. Narne(s)ufWitnesses Address Phone No. Was police, paramedics, fire department, etc. called: Y / N If so who: If an report number was given or contact info, please write here: Form completed by: Date: BE AS DETAILED AS POSSIELE—USE THE BACK 0FTHIS SHEET |FNECESSARY Dated: October 22, 2015 Dated: November 1, 2016 JARE-A-2' 1 16' 1 EXISTING MONUMENT SIGN LOCATION "A" SIGN LOCATION'B" SIGN LOCATION "C' 51GNOTE: E TO E INSTALLED OVER TIME AS ELAT AS ENTIRE SITE AND INDIVIDUAL LOTS ARE DEVELOPED IN THE FUTURE NOTe. Alpl E I. T-T,L spN.aE FEET SPEEDWgY (*,1..1 oE (r o 9 " CNANC® ANEA ! f! IW11111 � SIGN LOCATION "D" CCGNTY RD 2 snclxG ...[. .. o.., EXISTING BILLBOARD SIGN LOCATION "F" EXISTING BILLBOARD SIGN LOCATION "G" F p pAp OCATIDN E.EET T.LE.a. .L y SPEEOWgY � ® CHANGEABLE aee /sT TEXT CNANGFAGLETFSI H �j CNANGBGIEILYEAR C q b q G _ 1— Aa_A 9 SIGN LOCATION "E" SIGN LOCATION "I" nr ox S� ("'H % ING A9 T—MEA Z °C y im.m o � y"R fv p1_ E KEY PLAN 317Ea SIGN LOCATIONS EXISTING MONUMENT SIGN LOCATION "H" AI-2 1. S89-53'58"Ee« S89'53'58"E Sp0500 Sgg4p�3 I SEC 27CCRRER Ew 1AWDi LAC, NA' 114. NW 114. SCc71aJ 27260th STREET{ 871.04 (COUNTY ROAD 2) 177.23 /��0 S89'S3'S8"E f A Ov T113Y. R21'H SN.C CORNER - - — — 56117.02 ttt3H. 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W ..237.1 S' I > City o I O C 5 1832'45 W a Oereed Well PQ (n O U J. i/4 CORNER.-'1243.90 — �/ '. �•.44 s]S "S�y a:' V �v Y EC. 27 rE/ 4. 713N. Rz,>1 S88'32'46"W I ,�:.� .� ; 3 S S •'' • f Overflow Parking td*at' Mp 8839 - . 1 O S 1 Main Parking lot = 713 '•4 °'; �� 6927DD"Er J' * 299.85 �cD0•;yy 02 Paved Lot = 200 3� East Main Parking Lot =100 :roam .s�r�_. ® South Lot = 300 9! §- E.a� r� Q Office Parcel = 210 � \ \�• � �°°�� '� �- � ,-o �:a Former arse®eatlel>; -�, • '+ ; • to © West Lot [CAR 911 = 560 �' = 1= 1„ 01 Pit Area = 200 ® North of Track = 300 1267.28 Total Parking Stalls = 2583 S88"31'11"W Dated: February 14, 2017 .52;0 n�7n1 cv:G Na 1p• uw 114. sccnW z7 260th S'TREE'I� 3 5304,ED (COUNTY ROAD 2) S89'53'58"E ,�00 0 ' 54440 939e\ _ _ _ _ i177.23, _ S89'53'58"E_ SEC. 27OCR 0617M 1113N. R21W /: •T• —r .: — —----------- _ --------- w-e ^ :> oa.,.- / I S00'06'02'W---- o Se 89•8j�— — �96.06 R-267.50 .,s D yx menl Na'A6Itf•/ •°N',,Ot°"r"" `y SISOO-06'02"W , / �51'11'S5" 6=15'12'46' / TR_107.50.—._71.03 �DxV.+a.1 I:w 19111ta 3 53- - -W54'06.53'E o w --^-- `�"'°o-- �...J A=511'11'55' , \—50>75.66 OUTLOT A a N� { A-16'48'12• a y - R=183.00."" -� FAST R= 8.00 9, I: •tl 53.76- \ ` 234.26,-. O N a•aaa i �.=�5'52'59" r3� O <' z r '-ayef E..o Xe.si N10E (�-192.00 -%,y ,^, too 70.66�-211:43- ? 505�2754"E 1 WEST mf" 9nvo uwv"`r a ac[ IJ'_ S69'53'58"E _�` \ 1p 610.02 '\ ♦if. - j pp W y y y y y y _ D` t9B�p• S89'28'24"E e ss♦�c,� 362.38= Hei I + baD: �f..�:w ro ,N f .._ po r I - 362 35 - d .. � ,]. zooq Ysa. r.,•, s":K<..T.•`,<`a � S89'28'24"E -l• i:h't�"i 'a-.«......c. I o«y,,."fro'uftiis• .11, : to nxo v1nD[r Duc[ a y / / j 11 J 4 • 5)E.], ` i A h _S'', '1G'0 •3. O . •C/'_�; �w '. mil'. . F. .� ao.>n � _ -- _w s a aafy .ea....e,t a. ______.• a o O N:^ pe�•°pfe,e °�., , s\ _ ,, _ eb E' � , ''.,� 1°::w.:ce.a e,.,f, ''f ..,� n �• uxo .,awi. ..:a �,� ti. �.— __l �'b�% � 2 y. _ .. ni.. o-�e.,...� � - th \• : j X p• _ S00 33.0 `..`. 0w ,. ,'_.Ora,°Ge eye °I:�ty e°xm+,t De+ __-_ I f •\` __ D.OnDq< me :.SAS/ wtment De• • 'I 120 0.7 4M °f EU.O uaeD.[i RAC[ Nm. y [1x0 W.a:[i RaC[ 1 • ' , ' J ^•': 9: D�'o�eD°'aa "5 .� �. !!11 �, "sj' ; •1=, _ .. a .m-237.15- oo\ 1 N.* S88.32746 4 co in T 1 ` i �. •` -� t \•� 0-le dt1 �°%aw ��\ � U`C7• EO 7. ,I. CORNIER_ 1Z43.9O / s\ tsp `s ; + .poir v¢ e. ec 27 S88'32'46"W112%. R21W to Simultaneous Race & Movie Events Parking , ti 10 main Parking Lot = 713 }:3 1 S8927'00-Er �� 299.85 N. 1/a CORNER SEC. 27 N _-1113N• R21W O 7 O f00 p cur Ow ad Well i W U 1_ Paved Lot 200 ® East Main Parking Lot =100 co^' a,;a as�;n� �, ® South Lot = 300 s� . 05 Office Parcel Fa-eEReeldeallel = 210 © W t L t [C/R 0-1-1— 560 ' ^0 es o - 07 Pit Area = 200 ® North of Track = 300 Total Parking Stalls = 2583 I 1 N i ^ 4• --x ;.) 1267.28 18831'11"W Dated: February 14, 2017 S Elko Speedway Elko, Minnesota NOISE ASSESSMENT Prepared for Elko Speedway by David Braslau Associates, Inc. 1313 51h St. SE Suite 322 Minneapolis, MN 55414 Tel: 612-331-4571 Fax: 612-331-4572 Eml: david@braslau.com 14 July 2005 Elko Speedway Noise Assessment Table of Contents 1.0 INTRODUCTION............................................................................................................. 1 1.1. Objectives of this Noise Assessment............................................................................... 1 1.2. Preliminary Plat — Existing and Proposed Land uses ...................................................... 1 1.3. Minnesota Noise Standards............................................................................................. 1 1.4. Report Components......................................................................................................... 3 2.0 NOISE MONITORING.................................................................................................... 4 2.1. Elko Speedway Oval Sound Level Measurements.......................................................... 4 2.2. Motor Cross Sound Level Measurements..................................................................... 11 3.0 NOISE CONTOURS....................................................................................................... 15 3.1. Oval Track..................................................................................................................... 15 3.2. Motor Cross Area.......................................................................................................... 17 4.0 EFFECTS OF SOUND LEVEL LIMITS AND MITIGATION .................................. 17 4.1. Oval Track..................................................................................................................... 17 4.2. Sound Level Limits for the Motor Cross Area.............................................................. 19 5.0 SUMMARY OF FINDINGS AND CONCLUSIONS................................................... 20 David Braslau Associates, Inc. Elko Speedway Noise Assessment List of Figures Figure1.1 Preliminary Plat..................................................................................................... 2 Figure 2.1 Location of Monitoring Sites for the Oval Track ............................................... 5 Figure 2.2 L10 1-Minute Time History at Site 1 (2 October 2004)...................................... 6 Figure 2.3 L10 1-Minute Time History at Site 2 (2 October 2004)...................................... 7 Figure 2.4 L10 1-Minute Time History at Site 1 (18 June 2005)......................................... 9 Figure 2.5 L10 1-Minute Time History at Site 2 (18 June 2005)....................................... 10 Figure 2.6 Comparison of L10 Spot Readings with Readings at Site I ............................. 12 Figure 2.7 Location of Monitoring Sites for the Motor Cross Area .................................. 13 Figure 2.8 Comparison of L10 Levels at Motor Cross Monitoring Sites 1 and 2 ............ 14 Figure 3.1 L10 Noise Contours from the Oval Track......................................................... 16 Figure 3.2 L10 65 Noise Contour from the Motor Cross ................................................... 18 List of Tables Table 1.1 Minnesota Noise Standards.................................................................................. 1 Table 2.1 Noise Measurement Sites for the Oval Track ..................................................... 4 Table 2.2 Site 1 - Hourly L10 and L50 — 2 October 2004.................................................. 4 Table 2.3 Site 2 - Hourly L10 and L50 — 2 October 2004.................................................. Table 2.4 Site 1 - Hourly L10 and L50 —18 June 2005...................................................... 8 Table 2.5 Site 2 - Hourly L10 and L50 —18 June 2005...................................................... 8 David Braslau Associates, Inc. Elko Speedway Noise Assessment 1.0 INTRODUCTION 1.1. Objectives of this Noise Assessment This Noise Assessment evaluates noise levels associated with the Elko Speedway oval track and the motor cross area south of the oval, both located in Elko, Minnesota. Oval noise levels were based upon extensive sound level monitoring of races on Saturday evening, 2 October 2004 and again on Saturday 18 June 2005. Measured sound levels were used to establish generalized contours for the oval for the hours 7-8 pm, 8-9 pm, and 9-10 pm. Sound level monitoring was also performed at the motor cross track on 7 October 2004. The objectives of this assessment are to describe the existing noise environment around the Elko Speedway oval and the motor cross area and to discuss the compatibility of existing land uses and proposed land uses associated with the Elko Speedway Preliminary Plat. The assessment also estimates how existing sound levels could change with the implementation of mitigation measures. 1.2. Preliminary Plat — Existing and Proposed Land uses The Preliminary Plat for the Elko Speedway is shown in Figure 1.1. Existing residential land uses are shown west of CR 91, to the southwest of the speedway and west of the motor cross track, and in downtown Elko southeast of the oval. Potential residential and mixed use development is considered east of CR 91 and north of the oval west of CR 33. 1.3. Minnesota Noise Standards The Minnesota State Noise Standards are presented in Table 1.L Table 1.1 Minnesota Noise Standards Daytime 7 am to 10 m) Nighttime (10 m to 7 am) Noise Area Classification L10 L50 L10 L50 NAC-1 residential 65 60 55 50 NAC-2 commercial 70 65 70 65 NAC-3 industrial 80 75 80 75 L10 is the level exceeded 10% or 6 minutes of an hour. L50 is the level exceeded 50% or 30 minutes of an hour. The L 10 level is used as the primary indicator of motorsports activity since the level of activity can vary greatly during any hour. David Braslau Associates, Inc. Page 1 ISELARDWWI Preliminary Plat JAND-URW Elko Marketplace MMOM North , �.. S�:,'z`D Elko, Minnesota Q\4 O\Woe Elk. SPeetl�ny\CM\NOB—Pie R.t dw FIGURE 1.1 Preliminary Plat Elko Speedway Noise Assessment Elko Speedway has been in operation since 1965, and therefore under Minnesota law 116.07, Subd. 2a (5) (Exemptions from standards) is exempt from state noise standards. ["Motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July 1, 1983."] However, this assessment has been prepared at the request of the City of Elko to provide guidance within the Preliminary Plat to ensure that new land uses are designed and constructed to meet the noise rules or exceptions to the noise rules (7030.050). 1.4. Report Components Section 2.0 of the report describes noise monitoring for races at the oval on Saturday, 2 October 2004 and Saturday 18 June 2005. Also included in this section are results from noise monitoring of the motor cross on Thursday afternoon, 7 October 2004. Section 3.0 of the report describes the methodology and assumptions used for estimating the existing L10 contours and evaluates the compatibility of land uses. Section 4.0 of the report estimates the benefits that may be achieved with the implementation of sound level limits and other mitigation measures. Section 5.0 presents a summary of findings and recommendations. David Braslau Associates, Inc. Page 3 Elko SpeedwaySpeedwdy Noise Assessment 2.0 NOISE MONITORING 2.1. Elko Speedway Oval Sound Level Measurements Measurements were taken on both dates at the four locations shown on Figure 2.1 and listed in Table 2.1. Table 2.1 Noise Measurement Sites for the Oval Track Site Description Distance from Oval Meters Used 1 Area of potential development west of pond 1360 feet LD 700#1/CEL 593 2 Area of potential development NE of oval 425 feet LD 70042/CEL 593 3 New residential cul-de-sac 1100 feet CEL 593 4 Nearest existin home in downtown Elko 1480 feet CEL 593 Measurements were taken with two Larson -Davis Model 700 sound level meters (#1 and 42) that continuously logged statistical sound level data for each 1-minute interval, and a Casella CEL Model 593 sound level meter that logged octave band sound level data for each 1-second period during 1 to 3 minute samples during and between races. As noted in Table 2.1, continuous readings were taken only at Site 1 and Site 2, with sample readings taken at all four sites. 2 October 2004 This was the last major event of the 2004 season and included a mix of vehicle classes. Continuous readings were taken from 7:30 to 10:00 pm. The one -minute L10 time histories at Site 1 and Site 2 are shown in Figure 2.2 and Figure 2.3, respectively. For Site 1, where residential land uses are proposed, the L10 65 limit is shown on the figure. It can be seen that the L10 level is generally below 65 dBA with short-term exceedances of 1 to 3 dBA, but not enough to cause an exceedance of the L10 standard (Six minutes over 65 dBA). For Site 2, where commercial land uses are proposed, the L10 70 limit is shown on the figure. It can be seen that the L10 level can exceed the standard by more than 10 dBA over short periods, and over 70 dBA for more than 6 minutes in each of the three hours. The hourly L10 and L50 readings at Site 1 are shown in Table 2.2. It can be seen that on this date, neither the L10 nor the L50 residential standards were exceeded at this location, although it was slightly higher in the 9 to 10 pm hour. Table 2.2 Site 1 - Hourly L10 and L50 — 2 October 2004 Hourly Period L10 dBA r L50 (dBA) 60.0 7:00 pm to 8:00 pm 64.0 8:00 pm to 9:00 pm 63.0 58.8 9:00 pm to 10:00 Rm 64.8 59.4 State Standard 65.0 60.0 The hourly L10 and L50 readings at Site 2 are shown in Table 2.3. It can be seen that both the L10 and L50 levels are above the commercial standards at this close -in site for each of the hours, with the 9 to 10 pm hour having the highest levels. However, appropriate construction can be used to comply with exceptions to the noise standards as discussed in Section 4.0. David Braslau Associates, Inc. Page 4 T I Preliminary Plat `ND-`R4"T 1�M Elko Marketplace ;MEW&M North Elko Minnesota SPL., p[ � Ii�6 �• S�PL ,, 2d0� lI w awns Elko do FIGURE 2.1 Location of Monitoring Sites for the Oval Track 90 80 70 m 60 0 J 50 40 30 N LQ of INt 7t In O Or r r do O O O O O O O O O r r r r r r r r r r 86 L10 65 d A standard 9-10pm 8-9pm 7-8pm _.................... I .................................... CO (f'j N M (D M O h I r 00 Ln N O (0 M O 1` 00 M 'cr to (R O r N N M d' d' lq O O N M M LC') (q O O O O O O O O O O O O r r r r r r r r N N N N N N N N N N N N N N N N N Ti me FIGURE 2.2 LIO 1-1FYinute Time history at Site 1 (2 October 2004) 90 70 a m 60 0 J 50 40 30 O ti � CO In NM O N N on M O 1� ' 1- 00 In d- In In O N n n 7t � O O N N ('rJ d' � In O _ 00 N W O O d) O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N Time 1,1 L10 70 dBA sta and I 7-8pm 9-10pm s 8-9pm FIGURE 2.3 0 i-P.Tinute Time iiisiory at Site 2 (2 October 2004) Elko Speedway Noise Assessment Table 2.3 Site 2 - Hourly L10 and L50 — 2 October 2004 Hourly Period j L10 dBA L50 dBA 7:00 m to 8:00 pin 72.8 67.8 8:00 pm to 9:00 pm 71.7 67.7 9:00 prn to 10:00 pin 76.9 70.7 State Standard 70.0 65.0 For purposes of brevity, only spot readings from June 2005 are discussed in this report (see below). 18 June 2005 This was the first non -rainy weekend of the 2005 season and included a typical mix of vehicle classes at the Speedway. Continuous readings were taken from 6:30 pm to 9:45 pm. The one - minute time histories at Site 1 and Site 2 are shown in Figure 2.4 and Figure 2.5, respectively. The hourly L10 and L50 readings at Site 1 are shown in Table 2.4. It can be seen that on this date, both the L10 and L50 were exceeded for all three hours, although the level for the 7 to 8 pm hour was about 3 dBA lower than the later two hours. Table 2.4 Site 1 - Hourly L10 and L50 —18 June 2005 Hourly Period L10 dBA L50 (dBA) 7:00 prn to 8:00 pm 66.5 63.7 8:00 pm to 9:00 Rm 70.0 66.3 9:00 pm to 10:00 m* 68.8 63.4 State Standard 65.0 60.0 *These levels are underestimated since the entire hour was not monitored. The hourly L10 and L50 readings at Site 2 are shown in Table 2.5. It can be seen that both the L10 and L50 levels are above the commercial standards at this close -in site for each of the hours, with 7 to 8 pm hour approximately 2 dBA lower than the last two hours. However, as noted above appropriate construction can be used to comply with exceptions to the noise standards as discussed in Section 4.0. Table 2.5 Site 2 - Hourly L10 and L50 —18 June 2005 Hourly Period 1,10 (dBA) L50(dBA) 7:00 pm to 8:00 pm 75.2 72.4 8:00 pm to 9:00 Pin 77.7 74.2 9:00 pm to 10:00 m* 470., 75.0 73.2 State Standard 65.0 *These levels are underestimated since the entire hour was not monitored. David Braslau Associates, Inc. Page 8 90 80 74 Q m 60 0 J 50 40 30 CO c0 00 GO O O O O O O d) 6) O O O O O O O O O O Time Super late models Thunder cars and Thunder cars and ghost riders Super late ghost FIGURE 2.4 i10 1-Minute Time Ilistory at Site 1 (18 June 2005) Elko Speedway Noise Assessment The results of spot readings from 18 June 2005 are compared in Figure 2.6 with readings by the continuous sound level meter at Site 1 for the same approximate time period. The CEL readings may include more than the one minute noted so that some variation in readings is expected. What this figure shows is that the L10 sound levels at Site 4 are generally 3 to 6 dBA higher than at Site 1 for the same time period, and the L10 sound levels at Site 3 are generally 5 to 10 dBA higher than at Site 1 for the same time period. This information will be used below in development of generalized noise contours for the oval track. 2.2. Motor Cross Sound Level Measurements 7 October 2004 Measurements were taken at the two locations shown on Figure 2.7. Site 1 was located just inside the west property line so that the track topography provided some shielding of noise at more remote sections of the track. Site 2 was located just in front of the small maintenance building south of the baseball field, which is approximately 40 feet higher than the average motor cross elevation. Therefore, little if any shielding of motorcycle noise at this site was provided by the track topography. A comparison of L10 levels from Site 1 and -Site 2 is presented in Figure 2.8. At the west property line, it can be seen that the level exceeded 80 dBA for about 10 minutes during the measurement. At the baseball field, which is approximately 700 feet from the track, the level at the same time measured 75 dBA. Extrapolating this sound level to a distance of three feet, assuming 10 motorcycles on the track influencing the sound level, a level of 107 dBA is estimated. This is the same level that was measured at three feet for several motorcycles using the track. The effect of limiting noise levels at the motor cross is discussed in Section 4 of this report. David Braslau Associates, Inc. Page 11 90 80 lfl Q m 0 J 50 40 30 N 00 V' O O N 00 sr O CO N 00 'a' O CO N 00 er O W N 00 O CO N 00 O CD O N CO W c} O V lfj O O r N M N 07 CN 00 O O CV 04 � O 00 00 00 C77 W O O CA O CA O O CA O O O O O O O O O O CV N Time S 60 L10 70 dBA Rdard FIGURE 2.5 I.iO !-Minute Time History at Site 2 (18 June 2005) s mLD 30k Site IN GEL at sites noted ] m � 4 a , 1 a 70 4 7 \ 2 \ 4 3 60 � \ � \ - -- —\ � \ } q- - - ƒ - 19.24 g: 19.32 , 41 19:44 19:46 q: 19:54 2: z: 2:0 2:3 2: 2: 2: Time FIGURE 2.6 Comparison JLI■Spot Readings ma ReadingsaSite ! Azlza w MMUM North _ Swlc 1'�4DD' 04 aP ins �5.?l 1, 2pp# Q\4ppp�up9 Elio Sp�d.oy\CPD\e6pB-Prei"anflal�.q FIGURE 2.7 Preliminary Plat Marketplace Location of Monitoring Sites for the Motor Cross Area as - an 75 - 70 - -- a m v L10 65 dBA standard 65 60 — - --- 4 Unit 2 at Baseball Field 55 - f Unit 1 at West Property Line - _ - ...-- i 50 I M CD W N LO CO t.- O M to M N W h O_ _M O W N In OG V N N N M M M 'fit v �T L0 LO � O O O N N N C7 CO Cfl CO CO CO (fl (D (O CO CC (O (O CO CO W co r- n n � f_ Time FIGURE 2.8 Comparison of L10 Levels at Motor Cross Monitoring Sites i and 2 Elko Speedway Noise Assessment 3.0 NOISE CONTOURS 3.1. Oval Track Noise contours are by their very nature a very generalized method for representing noise levels, since noise levels vary over time and location, depending upon the source. Based upon the continuous sound level readings at Site 1 and Site 2 and the spot readings at all four sites, two generalized contours have been estimated as shown in Figure 3.1. These contours are based upon sound levels monitored on 18 June 2005, and therefore,represent worst case expected contours in terms of area covered. The contours are equidistant from the center of the oval, although in reality there is some variation due to the loudest locations on the track and shielding by the grandstand and walls around the oval. It should be noted that these contours represent L10 levels, or levels exceeded for six minutes of an hour. Therefore, maximum levels can be higher. Levels as high as 80 dBA were observed at Site 1 during the 9 pm to 10 pm hour on 18 June 2005. However, maximum sound levels are not governed by the Minnesota state noise standards. The inner contour represents the L10 65 dBA (daytime residential standard) level for the 7 pm to 8 pm hour. It should be noted that the worst case contour from the 2 October 2004 races would be slightly smaller than this contour, suggesting that this contour may represent the majority of hours at the oval. This contour includes only one or two lots of the residential area southwest of the oval and some homes in downtown Elko. Only the easterly portion of the Preliminary Plat is expected to experience levels over L10 65 dBA during these times. The outer contour represents the L10 65 dBA (daytime residential standard) level for the 8 pm to 9 pm and 9 pm to 10 pm hours. This contour covers more of the lots southwest of the oval as well as lots to the west of CR 91, and more homes in downtown Elko. All of the areas within the Preliminary Plat are expected to experience levels over L10 65 dBA during these periods. Proposed commercial land uses within the Preliminary Plat could exceed the L10 70 dBA commercial standard. However, as noted in Section 4, provisions in the state rules allow these land uses in higher noise areas providing that certain conditions are met. David Braslau Associates, Inc. Page 15 8-10PM FIGURE 3.1 L10 65 Noise Contours from the Oval Track Elko Speedway Noise Assessment 3.2. Motor Cross Area The generalized L10 65 dBA contour shown in Figure 3.2 has been estimated for the motor cross area based upon measurements from 7 October 2004. As can be seen from Figure 2.8, sound levels associated with the motor cross can also vary greatly. The contour in Figure 3.2 represents the highest noise levels observed on that date. The contour is assumed to extend further to the east than to the west because the area to the east is elevated above the motor cross area and less shielded by terrain than the area to the west. This contour covers some residential lots immediately west of the motor cross area as well as parts of downtown Elko. 4.0 EFFECTS OF SOUND LEVEL LIMITS AND MITIGATION 4.1. Oval Track Measures for reducing the size of the contours from the oval track might include establishing sound level limits of cars using the track, scheduling to ensure completion of races by 10 pm or soon thereafter, and use of noise barriers in the form of advertising fences and grandstands. Sound level limits Some vehicles using the oval track may have sound levels as high as 107 dBA at a distance of 100 feet from the vehicle. Any reduction in this level would reduce the size of the maximum contour. A three to four dBA reduction could reduce the size of the 9 pm to 10 pm contour shown in Figure 3.1 to that of the 7 to 8 pm contour. Time limits As noted above, scheduling to limit racing past 10 pm can minimize the potential for exceeding the L10 55 dBA nighttime residential standard. Since this is 10 dBA more stringent than the daytime L10 65 dBA residential standard, it is difficult to mitigate sound to this degree with any of the measures discussed here. Structural mitigation The Speedway has erected solid fences around portions of the track to provide shielding of noise to the north and west. The new grandstand serves as a noise barrier although it is relatively short and its effectiveness is limited as distance from the track increases. David Braslau Associates, Inc. Page 17 FIGURE 3.2 L10 65 Noise Contour from the Motor Cross Elko Speedway _ _ Noise Assessment 4.2. Sound Level Limits for the Motor Cross Area Sound level limits The operator of the motor cross area (motokazie) has indicated that sound testing of motorcycles using the facility will be implemented in the future with a limit of 99 dBA under the Society of Automotive Engineers (SAE) testing procedure. Levels as high as 107 dBA were estimated from previous measurements and motokazie estimates current levels in the 102 to 105 dBA range. Reducing the sound level to 99 dBA would make a significant reduction in the size of the contour shown in Figure 3.2. Motor Cross Design Because of the proximity of residential development west of the motor cross area, mitigation of sound through appropriate track layout and design could be effective. A solid earth berm along the western property line would be an effective method of shielding noise provided that the berm is not used as part of the track itself. Climbs and areas of maximum acceleration could be located away from the west property line or shielded. Even small earth berms close to the track could provide some benefit. David Braslau Associates, Inc. Page 19 Elko Speedway Noise Assessment 5.0 SUMMARY OF FINDINGS AND CONCLUSIONS Sound level measurements of the oval track were made on Saturday, 2 October 2004 and 18 June 2005. The hourly L10 levels for each of the hours from 7 pm to 10 pm at the monitoring site 1360 feet west of the oval are summarized in Table 5.1. Table 5.1 Site 1- Hourly L10 Levels (dBA) Houft Period 2 Oct 2004 18 Jun 2005 7:00 pm to 8:00 pm 64.0 66.5 8:00 pin to 9:00 pm 63.0 70.0 9:00 pm to 10:00 pm 64.8 68.8* State Standard 65.0 65.0 * Underestimated since entire hour not monitored From the table, it can be seen that the sound level can vary from day to day, depending upon the types of races and vehicles involved. The L10 65 daytime residential standard was not exceeded at Site 1 on 2 October 2004 but was exceeded by as much as 5 dBA on 18 June 2005. The worse case L10 65 sound level contour, based upon 8 pm to 9 pm on 18 June 2005, extends west of CR 91 to the west, into the residential development to the southwest, and into downtown Elko. However, the more common contour, based on the 7 pm to 8 pm levels on 18 June 2005 and the 9 pm to 10 pm level on 2 October 2004, includes only a very limited portion of the residential area southwest of the oval. Elko Speedway is exempt from the Minnesota noise standards under Minnesota law 116.07, Subd. 2a (5) (Exemptions from standards), having operated for the past 40 years. However, areas outside of the Preliminary Plat exposed to levels over the standards are limited and may be reduced further with mitigation measures at the oval track and the motor cross. Although some areas within the Preliminary Plat will be exposed to levels over the residential and the commercial noise standards, these can be constructed so as to meet provisions of the Minnesota noise standards provided that they meet sound attenuation requirements and are provided with year-round climate control. Planned uses of outdoor areas can also be designed and located so as to minimize impact. The noise contour associated with the motor cross area includes some of the area immediately west of the motor cross and some of downtown Elko. Implementation of a noise monitoring and certification program by Motorkazie who operates the motor cross can lead to a significant reduction in the area covered by this contour. Mitigative track design can also help reduce sound levels immediately west of the motor cross area. y: \jobs\2005j obs\205060\report\elko_speedway_noise_assessment.doc David Braslau Associates, Inc. Page 20 ORDINANCE NO. 149 CITY OF ELKO NEW MARKET SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RESTATING THE PLANNED UNIT DEVELOPMENT DISTRICT ZONING OF THE ELKO SPEEDWAY, PART OF THE ELKO MARKET PLACE PLAT, AND THE ADJOINING LOT ELKO SPEEDWAY PUD THE CITY COUNCIL OF THE CITY OF ELKO NEW MARKET ORDAINS: Section 1. Legal Description: The Planned Unit Development zoning of the following described property located within the City of Elko New Market, Scott County, Minnesota is hereby amended as provided in this Ordinance: See attached Exhibit A (hereinafter "Property'). Section 2. PUD Zoning, The City hereby amends the Planned Unit Development District, PUD for the Property described in Section 1, in its entirety, as follows: A. Permitted Uses. Permitted uses allowed in accordance with the restrictions provided under this Section are as follows: 3/8 Oval Track Racing Events Quarter Midget Racing Events Drive -In Theater Bar/Restaurant/Banquet Facility and accessory outdoor dining Non -Racing Events Accessory office uses Accessory outside vending B. Prohibited Uses. Uses not listed as permitted uses or in the case of non -racing events, activities determined by the City to be dissimilar to those listed. C. Development Plans. The PUD must be maintained in accordance with the following development plans which are on file with the City and which are incorporated herein by reference: I 190114v7 Plan 1. Elko Market Place Preliminary Site Plan, dated March 6, 2006, prepared by Probe Engineering Plan 2: West Concourse Area Detail dated October 27, 2010 Plan 3: Concourse Area Layout, dated October 27, 2010 Plan 4: Non-Racing/Non-Music Events Area, dated January 13, 2011 Plan 5: Camping Area, dated February 11, 2011 Plan 6: Accessory Outdoor Seating with Liquor and Food Service Area, dated October 1, 2012 Plan 7: Drive -In Movie Theater Site Plan, dated April 9, 2015 Plan 8: Drive -In Movie Theater Visibility Plan, dated April 9,2015 Plan 9: Drive -In Movie Theater Entering and Exiting Plan, dated April 9, 2015 Plan 10: Elko Speedway and Drive -In Rules and Policies, dated April 9, 2015 Plan 11: Elko Speedway and Drive -In Security Plan, dated April 9, 2015 Plan 12: Elko Speedway and Drive -In Emergency Plan, dated April 9, 2015 Plan 13: Playground Area, dated October 22, 2015 Plan 14: Permitted Liquor Service Area, dated November 1, 2016 Plan 15: Comprehensive Sign Plan, dated February 14, 2017, prepared by Appro Development Plan 16: Overflow Parking, dated February 14, 2017 Plan 17: Simultaneous Race and Movie Events Parking, dated February 14, 2017 E. Regulations. The PUD must be maintained and comply with the following conditions: 1. Racing Events. Racing events are permitted within the 3/8 oval track and quarter midget speedway areas subject to applicable provisions of the City Code and the following restrictions: 1901140 a. 3/8 Oval Track: (1) Races shall occur only on Thursdays, Fridays, Saturdays, Sundays and limited holidays. Races may not be scheduled over more than 3 consecutive days, except in the event of a rain make up day. Racing events shall comply with the following time limitations: (a) Thursdays, Fridays, Saturdays and limited holidays: Events shall not be scheduled prior to 10:00 a.m. No race shall start after 11:30 p.m. and all races must be completed by midnight. (b) Sundays: Events shall not be scheduled prior to noon. No race shall start after 8:30 p.m., and all races must be completed by 9:00 p.m. Practices/time trials shall occur only on Thursdays, Fridays and Saturdays between the hours of 10:00 a.m. and 10:00 p.m. (2) (3) Except when attending another authorized event within the 3/8 oval track or grandstand or as otherwise provided in this section, all spectators, drivers and authorized families and guests must be off of 3/8 Oval Track and grandstand areas by the following time frames: (a) For Races: (i) Thursdays, Fridays, Saturdays and limited holidays: by 1:00 a.m. for spectators and by 2:00 a.m. for drivers and authorized families and guests. (ii) Sundays: by 10:00 p.m. for spectators and 11:00 p.m. for drivers and authorized families and guests. The time frames provided under subsection (3)(a)(i) above shall apply when a limited holiday occurs on the Monday immediately following a Sunday. (b) For Practices/Time Trials: within one hour after the completion of the practices/time trials for spectators and by midnight for drivers and authorized families and guests. (4) No more than 70 racing events shall be held annually within the 3/8 Oval Track. Only 40 of the 70 racing events may be races identified under subsection (1) above. b. Quarter Midget Sneedwav Area. (1) Race Events: Events shall occur only on Fridays, Saturdays, Sundays and Limited Holidays, as further defined in the City's Zoning Ordinance. Events on Fridays and Saturdays may occur only between the hours of 10:00 a.m. and 10:00 p.m. Events scheduled on Sundays shall occur only between the hours of 10:00 a.m. and 8:00 p.m. Races may not occur over more than three (3) consecutive days. All spectators must be off of the Quarter Midget Speedway Area within one hour of completion of the final race. Drivers and authorized families and guests must be off of the Quarter Midget Speedway Area by midnight. The Sunday time frames shall apply to a limited holiday. (2) Practices/Time Trials: Practices/time trials may be held on Thursdays, Fridays and Saturdays only between the hours of 10:00 a.m. and 8:00 p.m. All spectators, speedway operators and drivers, must be off of the Quarter Midget Speedway Area or premises by 9:00 p.m. (3) No more than 110 racing events shall be held annually within the quarter midget speedway area. Only 27 of the 110 racing events may be races. 3 1901140 2. Outdoor Non -Racing Events Using Amplified Sound Outdoor non -racing events using amplified sound shall be allowed only in the 3/8 oval track and concourse areas subject to applicable provisions of the City Code and the following conditions: 3/8 Oval Track. (i) Monday through Saturday: Events shall not be scheduled prior to 9:00 a.m. and shall be completed by 11:30 p.m. (ii) Sunday: Events shall not be scheduled prior to 10:00 a.m. and shall be completed by 11:30 p.m. b. Concourse Area: (1) The noise source of the music events (stage) shall be confined to the west side of the concourse area using the southeast facing stage as depicted in the West Concourse Area Detail, Plan 2 of the PUD Ordinance. (2) Noise produced within concourse area may not exceed 65 dBA during daytime hours (7:00 am - 10:00 pm) or 55 dBA during evening hours (10:00 pm - 7:00 am) as measured from the south, east and west property lines of the PUD. C. Events within the concourse area or 3/8 oval track shall not occur simultaneously with another outdoor non -racing event using amplified sound or racing event in the concourse area or 3/8 oval track. d. Events shall conclude by 11:30 p.m., unless otherwise authorized under an outdoor concert and event permit issued by the City Council pursuant to Chapter 5, Title 4 of the City Code e. No more than 5 non -racing events using amplified sound are permitted each year without issuance of an outdoor concert and event permit by the City Council pursuant to the terms and requirements of Title 4, Chapter 5 of the City Code, as amended. f. Events/activities (including simultaneous [multiple] non-racing/non-music events) which fail to meet the conditions of this Section or the requirements for an outdoor concert and event permit under Title 4, Chapter 5 of the City Code, as amended, or that exceed a peak maximum attendance of 8,000 persons shall require an amendment of the PUD. 3. Outdoor Non -Racing Events Without Amplified Sound. Outdoor non -racing events without amplified sound, including simultaneous (multiple) non -racing events without amplified sound, shall be allowed subject to the following conditions: 1901140 a. Except as otherwise provided in this Section, the events shall be limited to the Non-Racing/Non-Music Events Area, Plan 4 of the PUD Ordinance. b. Outdoor non -racing events without amplified sound within the concourse area, motor pits or parking areas (including the drive-in theater) shall not coincide with outdoor non -racing events with amplified sound or racing events within the 3/8 oval track. C. Minor music events without amplified sound within the area identified in Plan 4 shall be allowed as an accessory to non -racing events without amplified sound within the 3/8 oval track provided such music events are clearly secondary and incidental to the primary non -racing. d. Events shall not occur prior to 7:00 a.m. and shall be completed by 11:30 p.m. e. Events must meet applicable requirements for an outdoor concert and event under Title 4, Chapter 5 of the City Code, as amended. f. Events/activities (including simultaneous [multiple] non-racing/non-music events) which fail to meet the conditions of this Section or the requirements for an outdoor concert and events under Title 4, Chapter 5 of the City Code, as amended, or that exceed a peak maximum attendance of 8,000 persons shall require an amendment of the PUD. 4. Drive -In Theater. The drive-in theater area is subject to the following conditions: a. Drive-in theater activities shall not occur simultaneously with any other events within the 3/8 oval track or concourse area, except under the following conditions: (1) Until 8:45 pm, three traffic lanes shall be available for entering the site and one traffic lane shall be available for exiting maneuvers. (2) Speedway staff (in safety gear) shall direct traffic to ensure fast and efficient entrance and exiting maneuvers. (3) On race nights, reserved parking for outdoor (drive-in) theater patrons shall be provided in the southern area of the movie viewing area in accordance with Plan 17 of the PUD ordinance. (4) Overflow parking shall be provided in accordance with Plan 16 of the PUD ordinance. (5) If on -street parking is used to accommodate off-street parking demands generated by overlapping uses, upon notice by the City to the Speedway, the Speedway shall take appropriate steps to reduce the need for on -street parking. These may include, but shall not be limited to, the following: 1901140 (i) Starting races earlier to reduce or omit the overlap of events; (ii) Showing "less popular" or shorter movies when large race event attendance is expected; and (iii) Adding additional on -site parking. b. The projection building shall be designed such that finish materials and colors are compatible (consistent) with other accessory buildings upon the site. C. No external (outdoor) speakers shall be used in association with drive-in theater activities. d. New and/or relocated site signage shall be consistent with the approved comprehensive sign plan and subject to sign permit. e. Compliance with traffic impact provisions pursuant to Scott County Ordinance No. 5. f. Compliance with city environmental protection sections of Zoning Ordinance for wetlands (permit required) and stormwater management (plan and computations required). g. Prior to issuance of a building permit for a future concessions building to be served by water or sewer, utility plans must be submitted to and approved by the city engineer. A temporary concession is permitted as shown on the Drive -In Theater Site Plan, Plan 7 of the PUD Ordinance, upon issuance of a building permit. h. Dust associated with the drive-in theater use from parking areas and drive lanes shall be controlled. i. The illuminated side of the movie screen (the north side of the screen) shall not be visible from residential properties per the Visibility Plan, Plan 8 of the PUD Ordinance. j. Screening shall be provided as necessary to minimize headlight glare upon residential properties. Proposed screening efforts shall be subject to City approval. k. The drive-in theater area shall be secured by a chain link fence measuring six feet in height. Existing fencing located along the site's wetland shall be considered legally non -conforming in terms of location. Such fencing may be replaced but in no case shall it be located closer to the abutting wetland than its present location. 5 1901140 1. Construction equipment storage areas shall be consistent with the Drive-in Theater Site Plan, Plan 7. Construction equipment storage shall not be visible from adjacent properties and rights of way. M. All drive-in movies shall conclude by 2:00 a.m. and all movie patrons shall vacate the premises by 2:30 a.m. n. Personnel to direct traffic during periods of incoming and outgoing traffic coinciding at the drive-in exit on France Avenue shall be provided if necessary to address congestion from traffic exiting onto France Avenue due to obstructed sightlines from incoming cars stacked in the southbound right turn lane. o. Security on the site shall comply with the Elko Speedway Drive -In Theater Security Plan, Plan 11 of the PUD Ordinance. A sign which conveys the prohibition of guns upon the property shall be erected near the subject site's France Avenue entrance. Such sign shall be specifically located to be visible to movie patrons. P. Elko Speedway shall implement and enforce the Elko Speedway and Drive -In Theater Rules and Policies, Plan 10 of the PUD Ordinance. q. The drive-in theater shall comply with the Elko Speedway Drive -In Theater Emergency Plan, Plan 12 of the PUD Ordinance. r. One through lane shall be maintained on public roadways at all times. S. The drive-in theater area shall be kept free from trash at all times. t. A barbecue/picnic area is permitted with boundaries consistent with the area designed on the Drive -In Theater Site Plan, Plan 7 of the PUD Ordinance. U. A playground area is permitted with boundaries consistent with the area designated on the Playground Area Plan, Plan 13 of the PUD Ordinance. 5. Permitted Liquor Service Area. The sale and consumption of alcohol is allowed within the Permitted Liquor Service Area, Plan 14 of the PUD Ordinance. No carry -in alcohol shall be permitted within the Permitted Liquor Service Area. 6. Outside Vending. Outside vending as an accessory use shall be allowed subject to the following conditions: a. Each vending site shall not exceed 2,000 square feet in area (excluding trailer cabs or tractors); b. Vendors shall only operate as authorized under this PUD; C. Vendors shall obtain all appropriate permits and/or licenses; 7 1901140 d. Each vending site shall be setback at least 50 feet from County Roads and France Avenue; e. Signage shall comply with applicable requirements of the City's sign code. 7. Single -Family Residence. Use of the former single family residential parcel shall be limited to the following: Former Residence: Speedway -related office use Accessory Building: Speedway -related storage and repair Subject to the following conditions: a. Office use shall meet the requirements of the 2007 Minnesota Building Code. b. City off-street parking requirements for the office uses shall comply with identified required parking on the site plan prepared by R&F Properties, dated December 8, 2008. The existing office use within the residence (Ryan Contracting) shall be considered a legal noncomforning use subject to the provisions of Section 11-3-9. 8. Restaurant/Bar/Banquet Facility. The restaurant/bar/banquet facility may allow accessory outdoor dining within consistent with the Accessory Outdoor Seating with Liquor and Food Service Area, Plan 6 of the PUD Ordinance, subject to the following: a. Sufficient restrooms shall be provided for the number of people in attendance pursuant to Uniform Building Code requirements. b. Food and beverage service within the outdoor dining area shall be limited to Sunday through Saturday from 5:00am to 2:00am, with hours of liquor service subject to the Elko Speedway liquor license provisions. C. Except as otherwise provided in this subsection, outdoor dining shall comply with the requirements of this PUD for non -racing events. 9. Fireworks Displays. Up to 4 fireworks displays per year are permitted within the PUD without obtaining a special outdoor concert and events permit under Title 4, Chapter 5 of the City Code. Additional fireworks displays must be approved by the City and require issuance of a special outdoor event permit under Title 4, Chapter 5 of the City Code, as amended. Fireworks displays must comply with applicable City Code requirements and are subject to any additional permits required under the City Code. 8 1901140 10. Freestanding Signs. Signs to be located within the PUD shall comply with the Comprehensive Sign Plan, Plan 15 of the PUD Ordinance, and the following restrictions: a. Signs shall be used solely for on -premises advertising and information. b. The freestanding sign upon the former residential parcel shall comply with the following: (i) Sign copy shall relate to the principal office use of the residential building; (ii) The sign shall require a sign permit. 11. Camping. Camping within the PUD is permitted subject to the following: a. Camping activities shall be accessory to allowed speedway events. b. Overnight vehicle parking stalls and camping spaces shall be confined to the "camping areas" identified on the site plan (see attached map). C. Camping activities upon the Speedway parcel shall be limited to the "camping areas" graphically depicted upon the Camping Area, Plan 5 of the PUD Ordinance. The "camping areas" are comprised of both the existing and expanded/additional camping areas. Within the "camping areas", no more than 49 camping spaces (in total) may be occupied at one time. d. Restroom facilities, as deemed appropriate by the City, shall be available at all times in sufficient capacity to serve individuals using the camping spaces. e. Use of the vehicle parking stalls (camping spaces) shall be limited to the day before, during and after a specific event held upon the Speedway parcel. f. All camping activities shall comply with State requirements pertaining to such activity. g. Overnight security shall be provided, as approved by the City. h. The expanded camping area (located north of the interior driveway) shall be fenced. i. No additional lighting shall be added to illuminate the expanded camping area. 9 1901140 j. Camping vehicles shall not be located north of the Speedway access driveway (from France Avenue) and west of France Avenue in such a manner that they impede the vision of vehicles attempting to exit the property on to France Avenue. 12. Events Schedule. Prior to April I S` of each year, the operator of the Elko Speedway shall post a schedule of all racing and non -racing events for the remainder of the year on their website which is accessible to the general public and shall provide the event schedule to the City. For events at the Quarter -midget speedway, in lieu of posting an event schedule on its website, the operator of the Elko Speedway may provide a link to the website of the lessee of the quarter -midget speedway where the quarter -midget event schedule is posted and accessible to the public. Any lease of the Quarter -midget speedway must include the requirements for posting of the event schedule under this subsection. The event schedule shall identify the event and the dates and times of the event. F. Parking. Developer shall maintain the following parking spaces: 1. Speedway Parking. The grandstand has a maximum capacity of 5,000 seats. Utilizing the maximum capacity figure for race events, a total of 1,250 improved off-street parking stalls shall be provided, based on an off-street parking requirement of one space for each four seats for racetrack uses. As summarized below, a total of 2,540 off-street parking stalls shall be provided. All "required" parking must be provided on site. The 310 parking spaces identified as being paved shall be maintained with a hard -surface. Location Number of S aces Main Parking Lot 713 Paved Lot 200 East Main Parking Lot 100 South Lot 300 Pit area(paved) 110 Office/Residential Parcel 200 West Lot C.R. 91 560 Pit Area 200 of Track 300 WNorth o_ia 12583 10 1901140 2. Banquet Facility Parking. A minimum of 223 off-street parking spaces are required, calculated based on gross square foot as follows: Use Ratio Required Spaces -Dining and Bar 7,857 gso I space per 40 gsf 197 Kitchen 2,043 s 1 space per 80 gsf 26 Total 223 3. 4. Required handicap parking spaces meeting ADA requirements shall be provided. Grass surfacing for the overflow parking areas located along County Road 91 shall be permitted. 5. Restroom facilities shall be available at all times in sufficient capacity to serve patrons present for any event (racing or non -racing) held within the PUD. Section 3. Section 11-28C-21 of the Elko New Market City Code is amended to add the following: PUD-1: Elko Speedway, Ordinance No. 149 Section 4. The zoning map of the City of Elko New Market shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 5. Effective Date. This ordinance shall be effective upon its passage and publication by the City Council. 11 1901140 PASSED AND ADOPTED this 23d day of March, 2017, by the City Council of the City of Elko New Market. CITY OF ELKO NE MARKET BY: Robert C aw ord, Mayor ATTEST: Sandra Green, City Clerk 12 1901140 EXHIBIT A Legal Description of Property Parcel 1 Lot 1, Block 2, Elko Market Place, Scott County, Minnesota, according to the recorded plat thereof. Parcel 2 The South 200 feet of the East 544.5 of the Northwest Quarter of Section 27, Township 113, Range 21, Scott County, Minnesota. EXCEPT that part lying Southerly and Westerly of the following described line: Commencing at the Southwest corner of said South 200.00 feet of the East 544.50 feet; thence North 00 degrees 35 minutes 46 seconds East, along the West line of said East 544.50 feet, a distance of 60.00 feet to the point of beginning of the line to be described; thence North 88 degrees 35 minutes 44 seconds East parallel with the South line of said Northwest Quarter a distance of 232.00 feet; thence South 40 degrees 01 minutes 34 seconds East a distance of 76.75 feet to a point on the South line of said Northwest Quarter distance 282.00 feet Easterly of the point of commencement and there terminating. 13 1901140 ORDINANCE NO. 239 CITY OF ELKO NEW MARKET SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 149 TO ALLOW TEMPORARY SEASONAL OUTDOOR STORAGE WHEREAS, the City has adopted Ordinance No. 149 approving Planned Unit Development Zoning of the Elko Speedway, part of the Elko Market Place Plat, and the adjoining lot; and, WHEREAS, the City desires to adopt changes relating to Ordinance 149 to allow for temporary seasonal outdoor storage as an interim use; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELKO NEW MARKET ORDAINS: Section 1. Section 2 (A) of Ordinance No. 149 shall be amended to add the following permitted use: Temporary Seasonal Exterior Storage Section 2. Section 2 (C) of Ordinance No. 149 shall be amended to add Plan 18 to read as follows: Plan 18: Temporary Seasonal Exterior Storage Area, dated October 26, 2021 Section 3. Section 2 (E) of Ordinance No. 149 shall be amended to add Section 13 to read as follows: 13. Temporary Seasonal Exterior Storage. Temporary seasonal exterior storage shall be allowed within the Property as an interim use subject to the following conditions: a. Seasonal exterior storwze shall be limited to Recreational Vehicles, as defined by the City's Zoning Ordinance, and Class 1 or 2 Commercial Vehicles, as defined by the City's Zoning Ordinance. b. Seasonal exterior storage shall be limited to a maximum of 100 vehicles. For enumeration purposes, snowmobiles, ATV's, motorized watercrafts and other recreational vehicles parked on a trailer shall constitute one 0) recreational vehicle. C. Seasonal exterior storage shall not be permitted at the site until all other permitted uses on the site such as racing events, non -racing events, banquet facility events, outdoor events, and drive-in movie theater events have ceased operation for the winter 219073v1 season. All seasonal exterior storage shall be completely removed at least one week prior to reopening of any other uses on the site. d. All seasonal exterior storage shall be parked in a neat and orderly manner, and in the location depicted on Plan 18 of the PUD Ordinance. e. All vehicles seasonally stored on the property shall be in working order. Vehicles which are not in operating condition, or which are partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which are not properly licensed for operation shall not be kept, parked, stored or abandoned on the Property. f. The interim use for seasonal exterior storage shall terminate upon the Occurrence of any of the following events: whichever first occurs: (1) December 1. 2031; (2) The date Elko Speedway ceases operation; (3) The date any portion of the Property located east of Whispering Hills Addition is subdivided or developed for residential purposes; (4) A violation of the conditions of the Interim Use for seasonal exterior storage: or (5) The Temporary Seasonal Exterior Storage Area is redeveloped to a permitted or conditional use. Section 4. Section 11-28C-21 of the Elko New Market City Code is amended to add the following: PUD-1: Elko Speedway, Ordinance No. 149 and Ordinance No. 239 Section 5. Effective Date. This ordinance shall be effective upon its passage and publication by the City Council. PASSED AND ADOPTED this 2nd day of December, 2021, by the City Council of the City of Elko New Market. CITY OF ELKO NEW MARKET B oe ius, Mayor ATTEST: Thoma erry, City Clerk 2 219073v1 Development Plans Plan 18 of PUD Ordinance #149 Temporary Seasonal Exterior Storage Area (shown in red) October 26, 2021 ERX Conditional Use Permit 43OLO Rp, ERX Conditional Use, Per iTn't 7 FS- 11 2*111 1.1.3104 41 Case No: P 22-05 EV 22-01 Elk'\ er CU 22-09 �iv ' Background ■ Council postponed action at the May 16 meeting ■ Requested a sound study ■ Applicant requested a work session (June 6) ■ Expectation of study? ■ Where and how often? ■ Merits of the study? ■ Council directed staff to research other tracks ■ Princeton Speedway ■ Elko Speedway and Drive-in Theater Princeton Speedway ■ Other than a curfew (like CUP standards for ERX) ■ No mitigation measures in place ■ Fridays only ■ 7:00 pm —11:00 pm ■ Occasional Thursday ■ 20 weeks (Early April —Labor Day) E N 8th 5t �.� HSG Auto Sales t. Ilk 'Central Feed Service Princeton Pet Hospital' 7lh ShN ,. D �r - N h CD NC Contracting �n dV ell on - Pr` ceton - I wo") arm :°h� Neighbors •"merlins Family y D Reams, a rant r-,.G �`�. E, ,.,. ,., d, West Birch Wood" �6 d Marar ow;�'�on es rk i R0m f?N0 51hStN n �a - n ton Wine &Spirits 5th 5t N • 5th St+N ' . .,� W er�► '� .-. UPS Acless , ► S� Point location ..„� -a east- Sams . � s• .� CoICALt' a ood Court ce wa- `_ Hy Tec 550 al grou N 3rd St z z -7 olds Balloon & Party �� _ 41 • , Z 1 �' Oaks Aparfinent`s ! kr. ,fir �' � �. , w-. • �� t � • t V. . A r S. Nt2na)St ,N'2nd St �e erg .n o�.. �• , � Belle Haven Totvnh©noes �►R"t z DeSfih. J,bcobson • rt- �. _m y s ue VV to R t _ . , z , z ..fir. P rn) I�'"-` 7st st i Z 14 Elim Wellsprinc 0 8 F �? Great4Nohem, a 'am J � ' Depot, Museum i prr ` c fA ' Google' i..4 S znd st tJnic Elko Speedway ■ A noise assessment was conducted in 2005 ■ Associated with some platting and development of the track property Elko Speedway ■ Thursday - Sunday only ■ Thursday - Saturday ■ 10:00 am — Midnight ■ Sunday ■ 12:00 pm — 9:00 pm ■ 2022 Schedule ■ May -September ■ Months not regulated r .. .OIL 7� r Madn,scape -, -ElkdNew;Market=Library Z6pth.St.E New Perspect ve L4 ns, �- * A. United Sta Counselig N Postal Sen Premier Property " ' { '• Inspections Elko Speedway & d Y Drive-in Theater Sketchy. Rec%, , ' • . .' • .� ; ti* , s ,," Lawn Landsca At III Wc�odcrest - _Fredrickson Fri :. * Y Park ` _W pering = Elk© New Hills Park Market. arket e All Green'_Lartid"scape,tnc ° oil I f Turning TechnoI gy' ti EDINA REALITYI 7_ 14 , Frederickson Contracting wr E.LKO Pete's Hill Park 7� r Madn,scape -, -ElkdNew;Market=Library Z6pth.St.E New Perspect ve L4 ns, �- * A. United Sta Counselig N Postal Sen Premier Property " ' { '• Inspections Elko Speedway & d Y Drive-in Theater Sketchy. Rec%, , ' • . .' • .� ; ti* , s ,," Lawn Landsca At III Wc�odcrest - _Fredrickson Fri :. * Y Park ` _W pering = Elk© New Hills Park Market. arket e All Green'_Lartid"scape,tnc ° oil I f Turning TechnoI gy' ti EDINA REALITYI 7_ 14 , Frederickson Contracting wr E.LKO Pete's Hill Park Sound Study Cost ■ Similar study - turn around 2-3 weeks after data collected ■ $7M00-$10M00 ■ Depends on many factors 60=day rule ■ Extended once ■ Per state statue, the city must act on this item by July 26, 2022 ■ Unless the applicant requests in writing the 60-day rule be waived Action Requested ■ Council may approve, by motion, the CUP request along with the conditions noted in the May 16, 2022, staff report Ism ■ If Council requires a sound study, the applicant will need to provide a written request for extension ■ If no extension, Council must deny the CUP request during the July 18, 2022, regular meeting as there would not be enough time to conduct one by July 26, 2022 Site Plan May 16, 2022 I\I w2n= Lao KEY o sr mr mu Ill dSpectator Entrance © Parking © Special Event Camping Area ® Race Pits ( Storage Shed T concert Stage 0 Outdoor Storage QG Possible Special Event Camping Area Passible Bathrooms Q Welcome Arch © Future Expansion VIP Structure QN Future Road Connecting to 169 Q Future Changeable Copy Sign © Future ice Machine Future Structure Q Future storage Structure E ►A �J All motorized and non -motorized trails must be set back 50 feet from the north, east, and south property lines Motorized events are prohibited within 1,000 feet of any residence, livestock shelter, and/or arena, regardless of when they were erected.sup N v O - (7 "THE FIELD" pwdm �J IOOO parking spots -� • \\ 5h zxza �y "THE RIDGE" �S.torage.and Future Viewing Ma tena cn e Structure x Carlson Mrn� r �� 500 parking so Sports Venue p S Pts N = 6tix22shop O Chalet a s T R� Stoeage Shed 0 �� R , _a � iPPcoo s • Public Access Structures (as of May 16, 2022) -any type of gathering, assembly, spectators, viewing, and/or customers Future Public Access Structures 0 �s THE NEAHGW" Readmission Gate i l� Year Round ERX Any activity Monday 7:00 am — 9:00 pm Tuesday 7:00 am — 9:00 pm Wednesday 7:00 am — 9:00 pm Thursday 7:00 am —10:00 pm Friday 7:00 am —11:00 pm Saturday 7:00 am —11:00 pm Sunday 7:00am-9:00pm (5) 3 day events until midnight Any activity Monday 7:00 am — 9:00 pm Tuesday 7:00 am — 9:00 pm Wednesday 7:00 am — 9:00 pm Thursday 7:00 am —10:00 pm Friday 7:00 am —11:00 pm Saturday 7:00 am —11:00 pm Sunday 7:00 am — 9:00 pm 20 weeks Early April - Labor Day Princeton Racing No Races No Races No Races 7:00pm-11:00pm 7:00pm-11:00pm No Races No Races Maintenance anytime 2022Schedule May —September Months are not regulated Elko 3/8 Oval Track Racing Practices/time trials No Races No Practices/time trials No Races No Practices/time trials No Races No Practices/time trials 10:00 am - Midnight 10:00 am - 10:00 pm 10:00 am - Midnight 10:00 am - 10:00 pm 10:00 am - Midnight 10:00 am - 10:00 pm 12:00 pm - 9:00 pm No Practices/time trials No more than 3 consecutive days Limited holidays Non -Racing with Amplified Sound Non -Racing without Amplified Sound 9:00am-11:30pm 7:00 am - 11:30 pm 9:00am-11:30pm 7:00am-11:30pm 9:00am-11:30pm 7:00 am - 11:30 pm 9:00am-11:30pm 7:00am-11:30pm 9:00am-11:30pm 7:00 am - 11:30 pm 9:00 am - 11:30 pm 7:00am-11:30pm 10:00am-11:30pm 7:00am-11:30pm No more than 5 events per year without permit No more than 4 fireworks displays per year without 2022Schedule May —September Months are not regulated Elko Quarter Midget Speedway Racing Practices/time trials No Races No Practices/time trials No Races No Practices/time trials No Races No Practices/time trials No Races 10:00 am - 8:00 pm 10:00am-10:00pm 10:00am-8:00pm 10:00 am - 10:00 pm 10:00am-8:00pm 10:00 am - 8:00 pm No Practices/time trials No more than 3 consecutive days Limited holidays Conditions 1. No more than five Special Event Recreational Camping events per year may occur on the properties that are regulated by this Conditional Use Permit. 2. The hours of operation shall be: a. Sunday through Wednesday 7:00 a.m. — 9:00 p.m. b. Thursday 7:00 a.m. — 10:00 p.m. c. Friday and Saturday 7:00 a.m. — 11:00 p.m. d. Five (5) three (3) day events per year, by special event permit, will be granted for extended hours to midnight. 3. Motorized events are prohibited within 1,000 feet of any residence, livestock shelter, and/or arena, regardless of when they were erected. 4. All motorized and non -motorized trails must be set back 50 feet from the north, east, and south property lines, and 45 feet from all delineated wetlands. 5. Staff will continually work with the applicant on the location of future trials to ensure they are not impacting wetlands and/or required buffers. 6. Existing structures used for any type of gathering, assembly, spectators, viewing, and/or customers shall be reviewed by the building official for compliance with all state and local building codes. 7. Camping areas shall be as identified on the site plan dated May 16, 2022, and shall not be closer than 50 feet to any property line. 8. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 16, 2022. Conditions 9. A wetland delineation shall be completed and approved by the state. The updated boundary must be included on the final plat of Aggregate Commercial 6�" Addition. 10. Staff approval of the Safety and Crisis Communication Plan. a. This plan shall be reviewed annually by all parties prior to May 1. 11. 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. 12. The Aggregate Commercial 6th Addition plat (Case File PE 22-01) shall be recorded. 13. Noise generated on the property via the Conditional Use Permit shall comply with those outlined in the MPCA Guide to Noise Control. 14. The changeable copy sign shall not exceed 70 square feet and must comply with the standards set forth in Sec. 30-864 (e). A sign permit is required. 15. A Minnesota Department of Natural Resources (DNR) Appropriation Permit shall be required for any water use that is above 10,000 gallons a day or totaling 1 million gallons or more within a year. This includes snow- making applications and spraying for dust control and other construction needs. 16. Conditional Use Permit (CU 18-10) will become void upon the recording of this permit. 43OLO Rp, ERX Conditional Use, Per iTn't 7 FS- 11 2*111 1.1.3104 41 Case No: P 22-05 EV 22-01 Elk'\ er CU 22-09 �iv '