12-19-2023 PC MINOf
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
n iVer Tuesday, December 19, 2023
Members Present: Acting Chair Eric Johnson, Commissioners Dennis Booth, Craig Keisling, Tony Mauren,
and Rob Rydberg
Members Absent: Chair Jill Larson -Vito and Commissioner Perry Beise
Council Liaison: Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton and Sr. Administrative
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 6:30 p.m. by Acting Chair Eric Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Keisling to approve the
December 19, 2023, Planning Commission agenda as presented.
Motion carried 5-0.
4. Consider Minutes
Moved by Commissioner Rydberg seconded by Commissioner Booth to approve the November 28,
2023, Planning Commission minutes as presented.
Motion carried 5-0.
S.I City of Elk River
■ Ordinance Amendments to Section 30-860 regarding Sign Permit Requirements; and Section 30-
879 Updating Sign Standards for Multi -Family Building, Case No. OA 23-05
Mr. Carlton presented the staff report.
Acting Chair Johnson opened the public hearing.
There being no one present to speak on this item, Acting Chair Johnson closed the public hearing.
Moved by Commissioner Booth and seconded by Commissioner Keisling to recommend approval
of the request by the City of Elk River for an Ordinance Amendments to the following pertaining to
signage as outlined in the staff report: Section 30-860 regarding Sign Permit Requirements —
require one permit for all wall signage on a single structure; and Section 30-879 Updating Sign
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December 19, 2023
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Standards for Multi -Family Buildings — codify properly for apartments outside of the Planned Unit
Developments by using the standards in the C1 zoning district for freestanding signs, and that
signs be limited to 32 square feet.
Motion carried 5-0.
5.2 City of Elk River
■ Ordinance Amendment Regulating Cannabis Growing, Processing, and Manufacturing, Case No.
OA 23-04 —continued from 11-28-2023
Mr. Carlton presented the staff report. He provided a handout of an updated draft ordinance which was
recommended after a discussion with the city attorney, who stated everything that we included in the draft
ordinance included in the packet will be preempted by state law, and we will just follow what state law says.
The city attorney's ordinance recommendation is basically a definition and inclusion of the zoning district
where the use is allowed (I-1). The League of Minnesota Cities will distribute some model ordinances later
this year and staff can review to determine if anything else should be incorporated.
Commissioner Rydberg asked if there were any pending applications for this use.
Mr. Carlton indicated this use is not currently allowed until approved by the city council; therefore, there are
no pending applications.
Commissioner Mauren asked if Mr. Carlton had heard any about examples of the tracking of water and
electric usage requirements and managing water connection (either by well or connection to city).
Mr. Carlton has not heard any specifics of how those uses will be tracked. He did talk to the city attorney
about power/electrical demand and usage, since this type of use would be a high -power user, he
recommended that electric can be regulated through the CUP process, with the applicant working with Elk
River Municipal Utilities and encouraging higher efficiency lighting with water also being regulated similarly
through the CUP process. He indicated water connection to a well could be allowed provided they meet
DNR standards. Nearly all I-1 and I-2 zoned properties are within the Urban Service district.
Acting Chair Johnson clarified that there will be no retail sales in the I-1 and I-2 districts.
Mr. Carlton concurred, and there has not been an ordinance passed allowing retail sales in the city and under
this definition and use, retail sales would not be permitted.
Acting Chair Johnson asked about the effect of brewery sales of THC products in their beverages.
Mr. Carlton stated alcohol manufacturing is regulated separately by the state. Breweries, microbreweries, and
distilleries are an allowed use with a license from the state.
Commissioner Mauren asked about future regulations regarding the location of a cannabis dispensary.
Mr. Carlton stated there will be future discussions and regulations regarding sales. Ordinance language
recommendations keep sales separate from manufacturing.
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Planning Commission Minutes
December 19, 2023
Acting Chair Johnson opened the public hearing.
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There being no one present to speak on this item, Acting Chair Johnson closed the public hearing.
Moved by Commissioner Keisling and seconded by Commissioner Mauren to recommend approval
of the request by the City of Elk River for an Ordinance Amendment regulating Cannabis Growing,
Processing, and Manufacturing as outlined in the handout.
Motion carried 5-0.
5.3 City of Elk River
■ Ordinance Amending Section 30-1564 PUD Planned Unit Development District, transitioning from
a Conditional Use Permit review to an Ordinance Amendment process, Case No. OA 23-06
Mr. Carlton presented the staff report.
Acting Chair Johnson opened the public hearing.
There being no one present to speak on this item, Acting Chair Johnson closed the public hearing.
Moved by Commissioner Rydberg and seconded by Commissioner Booth to recommend approval
of the request by the City of Elk River for an Ordinance Amendment changing the review process
for Planned Unit Developments (PUDs) from a Conditional Use Permit to an Ordinance
Amendment.
Motion carried 5-0.
6.1 McDonald's — 700 Dodge Ave. NW
■ Conditional Use Permit to amend the Planned Unit Development Agreement to raise the
permitted sign height to 61' with electronic messaging, Case No. CU 23-22
Mr. Carlton presented the staff report.
Acting Chair Johnson stated he supported adding to the currently allowed 30 feet, an additional 5 feet to
allow for the highway barricade height which would raise the permitted sign height to 35 feet above the
mainline. He stated this sets a prescience for all the other businesses along Highway 169 and felt in fairness,
to be fair for those who were impacted, allowing 5 feet above the median that was constructed.
Commissioner Rydberg disagreed with Acting Chair Johnson and discussed the addition of 5 feet for the
highway barricade. He requested to see what that would look like but indicated he would allow the
applicant's representatives to speak to that.
Acting Chair Johnson stated the public hearing was closed.
Commissioner Mauren agreed with Acting Chair Johnson with the additional 5 feet and relating it to the
street that was in front of the building, relative to the street that is changed. He stated the signs should be
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December 19, 2023
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visible but not obtrusive and was concerned with the neighborhoods behind the highway commercial
properties.
Commissioner Rydberg asked if the 30 feet will be enough to catch those cluster signs and to be careful
about the variety of differing signage for other businesses compared to a single sign pole like McDonald's.
Conunissioner Mauren wondered if the city can allow for a variance to whatever the ordinance is amended
to due to specific circumstances.
Acting Chair Johnson noted that before us today is the request by McDonald's and the city will have to pass
an ordinance amendment for any other signage changes along Highway 169, which will be determined.
Mr. Carlton noted when they review the ordinance amendment, they can discuss increasing the height or
area of cluster development signs.
Moved by Commissioner Mauren and seconded by Commissioner Booth to recommend approval
of the request by McDonald's to amend the PUD Agreement by Conditional Use to raise the
permitted sign height to 35' above the mainline of Highway 169.
Motion carried 3-2 with Commissioner Keisling and Commissioner Rydberg opposing.
6. General Business
There was no General Business to report.
7. Council Liaison Updates
Councilmember Westgaard updated the commission on recent council decisions.
8. Motion to Adjourn Regular Meeting
Moved by Commissioner Rydberg and seconded by Commissioner Keisling to adjourn the regular
meeting of the Planning Commission at 7:05 p.m.
Motion carried 5-0.
The work session opened at 7:05 p.m. in the Council Chambers.
9.1 Highway 169 - Signage
Mr. Carlton presented the staff report. He has been working with the Chamber of Commerce and the
business community regarding input on the proposed ordinance amendments to Highway 169 signage
requirements, and a roundtable discussion has been scheduled for January 24. Members of the business
community will be asked to discuss the ordinance amendment process and talk about potential issues. Mr.
Carlton requests delaying this work session discussion until after the Chamber meeting.
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Planning Commission Minutes
December 19, 2023
10. Motion to Adjourn Work Session
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Moved by Commissioner Booth and seconded by Commissioner Mauren to adjourn the work
session meeting of the Planning Commission.
Motion carried 5-0.
The meeting was adjourned at 7:08 p.m.
Minutes prepared by Jennifer Green.
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Tina Allard, City Clerk
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