06-22-2021 PC MIN City of
Elk Meeting of the
River Elk River Planning Commission
Held at Elk River City Hall
Tuesday, June 22, 2021
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Alexander
Feinstein, Eric Johnson,John Jordan, Craig Keisling, and Robert
Rydberg
Members Absent: None
Also Present: Councilmember/Liaison Mike Beyer
Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording
Secretary Jennifer Green
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:31 p.m. by Chair Larson-Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider June 22, 2021, Planning Commission Agenda
Moved by Commissioner Johnson and seconded by Commissioner Jordan to
approve the June 22, 2021, Planning Commission agenda.
Motion carried 7-0.
4. Consider May 25, 2021, Planning Commission Minutes
Moved by Commissioner Johnson and seconded by Commissioner Feinstein
to approve the May 25, 2021, Planning Commission minutes.
Motion carried 7-0.
5.1 Pretty Paws Dog Grooming and Boarding— 9660 178th Ave. NW
• Conditional Use Permit for Commercial Kennel, Case No. CU 21-09
Mr. Leeseberg presented the staff report.
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June 22,2021
Commissioner Beise asked how many dogs the applicant can personally own and is
that outlined in the CUP.
Mr. Leeseberg stated the applicant is allowed 3 animals per city ordinance. He stated
he did not specify that in the conditions of the CUP,but the commission could add
it.
Heidy Knebel, the applicant, spoke and stated she owns 3 pets, all under 20
pounds, and is asking to board no more than 3 additional animals, small or medium-
sized, depending on weight. She understood a large dog may count as 2 animal units.
Commissioner Johnson asked if the commission is required to specify a number of
animal units in the CUP conditions.
Mr. Leeseberg stated the commission can add a specific number,but the number of
units depends on the size of the dogs.
Chair Larson-Vito opened the public hearing.
Matt Ecklund, 9728 178th Ave. NW,lives west of the applicant's property and has
for 31 years. He stated the applicants have a building on their property that is not
shown in the photos. He stated he does not mind what they do on their property but
he expressed his concerns with allowing this type of business in a very quiet
neighborhood. He stated there is screening so they do not see much of their
neighbors but outlined his concerns with vehicle traffic, animal noise and smell, and
how this will affect his property resale. He stated he likes their neighbors but does
not feel this type of activity should be allowed in his neighborhood.
Greg Dunsmore,9657 178t Ave. NW,lives across the street from the applicant and
has owned his home for 33 years. He is also concerned with vehicle traffic and
activity,and his property values decreasing,by allowing this type of business in his
neighborhood.
There being no one else to speak,Chair Larson-Vito closed the public hearing.
Commissioner Jordan asked Ms. Knebel to explain the logistics of someone showing
up with a dog. He had concerns with the amount of additional traffic in the
neighborhood.
Ms. Knebel explained she grooms one dog at a time, so one car to drop off the dog,
and then a few hours later pick up when animal is done. She stated clients currently
use the front door of the house but will be using the garage entrance in the future.
She stated she has no employees and does not plan on adding any. She figures 4-5
dogs groomed per day. She stated she was given permission to put up a sign to
advertise her business. She offers overnight boarding also. She stated she
understands the residential concerns with property values and is pretty picky when it
comes to cleanliness of her property. She stated they are looking to add value to the
property,not decrease it. She hopes to add a privacy fence one day. She indicated
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June 22,2021
when the dogs are outside in the chain link fenced back yard, she is always with them,
and they are let outside as needed.
Commissioner Beise asked how long she had been operating her business.
Ms. Knebel stated she opened in September 2020.
Commissioner Rydberg asked if in a day, could she have 3 dogs overnight in addition
to dogs being groomed.
Ms. Knebel stated she only takes one dog at a time to groom so she could have 6
dogs maximum,including her 3 pets.
Commissioner Jordan asked about the proposed number of vehicles in a given day.
Ms. Knebel stated 1 car would be in the neighborhood at a time and not a lot of cars
overlapping. She explained 1 car would drop off an animal at 8:00 am and pick up a
few hours later. She says it takes between 2-3 hours to groom an animal depending
on size. Another car would drop off an animal after that and then pick up a few
hours later. She stated they recently constructed a pole building on her property and
their vehicles will be garaged in it,but the pole barn was not for her business,it was
for her husband.
Commissioner Feinstein noted the hours of operation were in the staff report.
Commissioner Beise stated if the commission were going to recommend approval of
the CUP that they add a condition that 11 animals units total were allowed on the
property: 3 animals units to own,no more than 7 animal units allowed to board,
allow 1 animal unit for grooming.
Councilmember Beyer noted the CUP goes with the property unless the use
discontinues for six months.
Commissioner Rydberg asked how about Condition 5 came about where 2 dogs
allowed per supervisor.
Mr. Leeseberg stated they typically add that language to the CUP conditions so
someone is not walking too many dogs outside the property where they could
become out of control.
Commissioner Johnson stated he was not too concerned with traffic counts as he
has two teenagers who generate more trips. He stated setting guidelines for animal
units,waste pickup, and inspections is good to have in place and is more restrictive
than what residents are currently allowed with their own pets on their property. He
felt there was more control with the CUP and would be recommending approval of
the CUP.
tTh
Commissioner Jordan asked about noise ordinances and complaints.
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Mr. Leeseberg stated city ordinances already addresses noise in general,whether it is
for a private/commercial kennel, or any dog excessively barking, must be
documented.
Commissioner Jordan stated about the neighbors with legitimate concerns with
noise, there are both CUP conditions and noise ordinances in place to help
accommodate their concerns. He noted the challenges of policing this 24 hours a day
and felt the conditions plus ordinances already in place are sufficient.
Moved by Commissioner Johnson and seconded by Commissioner Jordan to
recommend approval of the request by Heidy Knebel of Pretty Paws Dog
Grooming and Boarding for a Conditional Use Permit CU 21-09 for a
Commercial Kennel at 9660 178`'Ave. NW with the following conditions to
satisfy the standards set forth in Section 30-654:
1. The applicant shall receive a commercial kennel license from the city.
2. No more than six (6) animal units shall be allowed outdoors at once.
3. The number of dogs permitted for boarding shall be limited to three
(3), this is in addition to the owner's animals.
4. The removal of animal waste shall comply with Section 10-5.
5. No more than two (2) animals per supervisor shall be allowed outside
of the fenced area.
6. All dog waste shall be cleaned up immediately when dogs are off-site.
7. No dogs designated as dangerous or potentially dangerous are allowed
to be kept on site, and the keeping of such dog shall be grounds for
revocation of the permit.
8. The backyard fencing shall be maintained at all times.
Motion carried 7-0.
5.2 Dakotah's Doggie Daycare, 555 Railroad Drive, Suite j
■ Conditional Use Permit to operate a dog daycare and boarding facility
(Commercial Kennel), Case No. CU 21-12
Mr. Leeseberg presented the staff report.
Commissioner Keisling asked what was located next door to the proposed site.
Mr. Leeseberg stated it was First Step Preschool,which will be changing locations
soon.
Commissioner Feinstein asked about condition 9 allowing 4 animals and why that
was not the same as the previous applicant's condition.
Mr. Leeseberg stated this was a commercial site with different regulations and noted
the commission can change the condition if it so chooses.
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Chair Larson-Vito opened the public hearing.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Beise and seconded by Commissioner Johnson to
recommend approval of the request by John Madsen of Dakotah's Doggie
Daycare for a Conditional Use Permit to operate a dog daycare and boarding
facility (Commercial Kennel) with the following conditions to satisfy the
standards set forth in Section 30-654:
1. The Conditional Use Permit shall not be recorded until the city
building official and fire marshal have inspected, and approved, the
building for compliance with all state and local building codes and all
applicable conditions of approval have been completed.
2. Dogs shall be leashed/kenneled when being transferred from vehicles
to the building and vice versa.
3. All refuse collection containers shall be stored within an enclosure
facility large enough to accommodate the collection of all materials.
Refuse containers and materials must be out of sight from neighboring
tenants,properties, and street.
4. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary
condition.
5. Indoor facilities shall be adequately ventilated and have required light,
cooling, and heating.
6. Adequate storage and refrigeration shall be provided to protect food
supplies against contamination and deterioration.
7. Waste shall be picked up immediately and disposed of in a sealed
container.
8. Animals are allowed outside only under direct supervision.
9. No more than four (4) animals per supervisor shall be allowed outside
the fenced area and will be leashed at all times.
10. Outdoor play shall only occur between 8:00 a.m. and 8:00 p.m.
11. The outdoor play area shall be defined by a six-foot-tall opaque fence.
Vinyl, or other, slats in chain link fencing shall not be used.
12. Noise shall be mitigated as to not create a public nuisance for
adjoining tenants and properties. If a dog, or dogs, continuously barks
(over 5 minutes), they shall be immediately brought inside.
13. A commercial kennel license from the City of Elk River must be
obtained.
Motion carried 7-0.
6.I West Oaks LLC and Heritage Maples Senior Living LLC
• Conditional Use Permit to Establish a Planned Unit Development, Case No.
CU 21-10
• Preliminary Plat: Broadway on 10, Case No. P 21-05
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Mr. Leeseberg presented the staff report.
Chair Larson-Vito reminded the commission and audience the public hearing was
closed at the last Planning Commission meeting. She stated the Planning
Commission will evaluate and discuss the information received this evening and
provide a recommendation to the City Council.
Commissioner Jordan stated in good conscious the Planning Commission can open
the public hearing to allow for public discussion if they choose and suggested a 3-
minute time limit for their comments.
Chair Larson-Vito stated in the 12 years she has been a Planning Commission
member they have never reopened a closed public hearing and felt the commission
should continue following protocol.
Commissioner Jordan stated he also has sat on public bodies for numerous years and
stated it was perfectly legal and fine to reopen a public hearing.
Commissioner Beise suggested a motion be made and vote taken by the commission
requesting the public hearing be reopened.
Moved by Commissioner Jordan and seconded by Commissioner Rydberg to
reopen the public hearing and allow the public present to speak on this item.
Motion failed 5-2.
Commissioner Jordan asked to discuss the city engineering traffic figures that were
presented in the trip generation study and asked how the number of 108 cars (the
report states 104 cars) going through the neighborhood. He stated he has counted
10-15 cars during the PM peak hours of 5-6 p.m. He stated he has never seen 108
cars.
Mr. Leeseberg stated he understood these traffic study numbers to be estimates for
anticipated activity calculated with industry-wide methodology.
Commissioner Jordan stated the engineers did not know what the accurate counts
are in his neighborhood.
Mr. Leeseberg stated the figures presented are estimates based on industry-wide
methodology as outlined in the report.
He asked if they placed a tracker on their street to get a count in their neighborhood.
Mr. Leeseberg stated they did not place a tracker on his street.
Commissioner Jordan stated these projections indicate Yankton will become a main
throughfare like Joplin Street and this projection does not fit his little sleep
neighborhood. Commissioner Jordan asked if the developer could answer the
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questions of the expected selling prices.
Chair Larson-Vito stated the public hearing is closed.
Commissioner Jordan stated he still had the floor and stated he felt that not only is
the public being shut down,but he also felt he is being shut down. Commissioner
Jordan asked if the development could have a left-in and left-out only, so the traffic
forced onto Highway 10.
Mr. Leeseberg stated he thought the City Council could put that restriction in place
and wondered how it would be policed.
Commissioner Jordan asked if the Planning Commission can request the City
Council to not finish the Yankton connection by Beehive and not allowing a right
turn out of the development.
Mr. Leeseberg stated the Planning Commission can made any recommendation they
wish but the City Council will ultimately decide if those are included. He noted
police and fire staff will probably have some concerns with lack of accessibility to the
site if considering not allowing a right turn out of the development.
Commissioner Jordan asked if a condition can be recommended in the CUP to
require a traffic study one year after the project is complete and if the number of
vehicles driving down Yankton are much higher than projected,that the Planning
Commission revisit the CUP.
Mr. Leeseberg stated that condition could not be added as once the City Council
approves the CUP it cannot be modified but can be revoked if it fails to meet the
standards set forth by the City Council and outlined in the CUP.
Commissioner Jordan stated he knows this project will be approved and that
approval will go against the entire neighborhood;he stated not one person wants
this. He stated it the Planning Commission's role to review projects such as this to
be sure they fit code and that the use does not interfere with the proper enjoyment
of neighboring properties. He stated he feels this approval will change the character
of the area and devalue property values and he felt it will make Yankton a dangerous
road. He stated the entire area is made up largely of people over 60-65 years of age.
He stated West Oaks West and Yankton Street will bear the brunt of this. He stated
this a more active neighborhood than most and expressed his concerns with current
traffic speeding through the neighborhood. He felt it is the commission's
responsibility to find a solution to traffic concerns. He stated the proposed project is
ok,underwhelming,it is not a great quality development. He stated he is not trying
to be a NIMBY and would not vote for it in another area of town because it is not a
high-quality development. He stated it is up to the commission to fix,resolve,
negotiate the issue or deny the application until there is a real traffic solution
presented.
Chair Larson-Vito asked Commissioner Jordan to clarify which applicable
regulations this project does not meet for his recommendation of denial.
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Commissioner Jordan stated he was done discussing this project.
Commissioner Rydberg asked about the Big Lake Township approval to allow traffic
to access Highway 10 to go west. He stated he felt the suggested route means anyone
who wants to get to Highway 10 will mean an unsafe route because they will have to
cross high speed traffic to enter the westbound lane. He thought the safe route to go
west on Highway 10 would be to cut across the neighborhood by using Yankton. He
wondered if Elk River is being a good neighbor by shoving this many people out
through the township neighborhood. He asked if those residents were notified. He
was a very awkward transportation system and questioned the traffic study results
based on models and statistics.
Mr. Leeseberg stated he can investigate the notification of township residents.
Chair Larson-Vito asked for the specific applicable regulations to make a
recommendation of denial.
Commissioner Rydberg stated he did not know that at this time.
Commissioner Johnson asked about the Waco Street connection.
Mr. Leeseberg stated he had not more information than what the memo stated. He
stated the connection was wanted but not sure who would pay for it and when it
would be completed. He stated staff and council were reviewing funding
mechanisms.
Councilmember Beyer noted the City Council discussed the cost of this connection
and at approximately$500,000 wondered who would pay the price,noting the City
Council will be taking it into consideration while deciding the outcome of this
project.
Commissioner Jordan stated he would support this project if the Waco Street
connection was made even though he was not a fan of the quality of the
development.
Councilmember Beyer stated the City Council still has options to review and no
decisions have been made.
Mr. Leeseberg stated any CUP or plat is very difficult to require improvements be
completed off-site of the project.
Commissioner Beise asked for clarification if this project can require the road
connection to Big Lake Township.
Mr. Leeseberg stated because there is public right-of-way already in place,it can be
required to connect,unlike the road connection to Waco,which is private property
and includes no public right-of-way.
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Commissioner Jordan asked who is paying for the connection to Big Lake Township.
Mr. Leeseberg indicated the developer is paying for the connection.
Commissioner Rydberg stated he has concerns with this project meeting Applicable
Regulations 4 and 5.
Chair Larson-Vito stated she appreciated the traffic study being done and stated the
proposed livable standard is a standard that should be used but should account for
the type of neighborhood and density it is proposed for. She indicated this
neighborhood is a retirement community and she has concerns with the project
meeting Conditions 4 and 5. She stated she will not support a recommendation of
approval.
Commissioner Keisling stated the traffic study and amounts was for
eastbound/westbound traffic. He wondered if there was a way to project the flow of
traffic coming into this area.
Mr. Leeseberg stated he felt there was a way to project the flow of traffic coming off
Highway 10 but that was not part of this study.
Commissioner Rydberg stated he also has a problem of the data of actual counts of
what is happening, noting the information is from 2016. He stated the amount of
traffic with low visibility curves in this neighborhood and changing the level of
traffic made his feel like it was not good transportation planning.
Commissioner Johnson stated the property fits the Comprehensive Plan designation.
He stated he agrees the traffic impact could be greater than expected. He stated he
supports the use of the property in relation to the Comprehensive Plan.
Moved by Commissioner Jordan and seconded by Commissioner Rydberg to
recommend denial of the request by West Oaks LLC and Heritage Maples
Senior Living LLC for the Conditional Use Permit (CUP) establishing a
residential Planned Unit Development (PUD) as Applicable Regulation 4:
Will be served adequately by and will not adversely affect essential public
facilities and services including streets,police and fire protection, drainage,
refuse disposal, water and sewer systems,parks and schools;and will not, in
particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares, and Applicable Regulation 5: Will not
involve uses, activities,processes, materials, equipment and conditions of
operation that will be detrimental to any persons or property because of
excessive traffic, noise, smoke, fumes,glare, odors, dust or vibrations.
Motion carried 5-2 with Commissioners Beise and Johnson opposing the
denial.
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Moved by Commissioner Jordan and seconded by Commissioner Feinstein to
recommend denial of the request by West Oaks LLC and Heritage Maples
Senior Living LLC for the Preliminary Plat of Broadway on 10 based upon the
recommendation of denial for the Conditional Use Permit.
Motion carried 5-2 with Commissioners Beise and Johnson opposing the
denial.
7. Council Liaison Update
Councilmember Beyer provided an update to the Planning Commission about recent
city council activities.
8. Adjournment
The meeting was adjourned at 7:33 p.m.
Minutes pr a by Jennifer Green.
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Tina Allard
City Clerk
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J" arson-Vito
Planning Commission Chair
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