02-27-2024 PC MINMeeting of the Elk River Planning Commission
Held at the Elk River City Hall
t Tuesday, February 27, 2024
ver
Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Tony
Mauren, and Rob Rydberg
Members Absent: Commissioner Craig Keisling
Council Liaison: Councihnember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, 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 Chair Larson -Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the February
27, 2024, Planning Commission agenda as presented.
Motion carried 6-0.
4. Consider Minutes
Moved by Commissioner Beise seconded by Commissioner Booth to approve the January 23, 2024,
Planning Commission minutes as presented.
Motion carried 6-0.
5.1 Venture Pass Partners, LLC — Randall Rauwerdink for Spectrum School
■ Preliminary Plat of Elk River SBC Addition, Case No. P 23-14
Mr. Carlton presented the staff report.
Chair Larson -Vito reminded the public that the public hearing was open for any comments.
There being no one present to speak on this item, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Rydberg seconded by Commissioner Booth to recommend approval of
the request by Randall Rauwerdink of Venture Pass Partners, LLC, for the Land Use Amendment
extending the Business Park and Public/Semi-Public land use categories as outlined in the staff
report.
Planning Commission Minutes
February 27, 2024
Motion carried 6-0.
Page 2
Moved by Commissioner Rydberg seconded by Commissioner Booth to recommend approval of
the request by Randall Rauwerdink of Venture Pass Partners, LLC, for the Preliminary Plat of Elk
River SBC with the following conditions:
1. The City Council must approve the associated land use amendment (LU 24-01).
2. The applicant and the city shall enter into an agreement approving use of the proposed
right-of-way as a driveway for lot 2 and noting that the city will not maintain the right-of-
way until a city street is constructed to city standards which will be required should the
parcel develop into a use other than a billboard in the future.
3. The right-of-way to be dedicated for use as a future street shall meet all city design
standards.
4. The city council must approve an easement vacation to support the proposed lot
configuration and right-of-way location.
5. All easements supporting the overhead electric lines shall remain in place.
6. Any development within the easements for the overhead power lines requires approval from
the entity managing the infrastructure.
Motion carried 6-0.
5.2 Spectrum High School — 17796 Industrial Blvd. NW
■ Zone Change from I- I and BP to PUD, Case No. ZC 23-08
■ Conditional Use Permit for a Planned Unit Development (PUD), Case No. CU 23-24
Mr. Carlton presented the staff report. He asked the commission to review an additional Condition #6 for
the CUP regarding building design, materials, and setbacks following the Business Park standards.
Commissioner Mauren asked if the additional Condition 6 was discussed with the applicant.
Mr. Carlton stated the applicant's narrative and building elevations are consistent with the materials already
following the standards.
Chair Larson -Vito reminded the public that the public hearing was open for any comments.
There being no one present to speak on this item, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Johnson seconded by Commissioner Beise to recommend approval of
the request by Spectrum High School for a Zone Change from Business Park to Planned Unit
Development PUD with the following conditions:
1. City Council approval of the preliminary and final plat of Elk River SBC Addition.
2. The plat must be recorded prior to recording the zone change.
3. A PUD agreement shall be approved by the City Council prior to recording the Zone
Change.
Motion carried 6-0.
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Planning Commission Minutes
February 27, 2024
Page 3
Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval
of the request by Spectrum High School for a Conditional Use Permit establishing the PUD with
the conditions outlined in the memo, with the addition of conditions 6:
1. Capacity of the school, combination of all three facilities (17796 Industrial Circle,11044
Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed
1,000 students.
2. No school -related parking shall be permitted on the adjacent public street.
3. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors,
truck traffic, and other undesirable effects may be present.
4. The City Council shall approve a PUD agreement prior to releasing any building permits
within the district.
5. The city may require parking and traffic analysis for any future improvements within the
district to ensure compatibility with surrounding uses.
6. Building design, materials, and setbacks must match the requirements of the Business Park
district.
Motion carried 6-0.
5.3 Vireo Health — Mark Doherty, 10700 1651h Ave. NW
■ Conditional Use Permit for a Cannabis Cultivation Facility, Case No. CU 24-03
Mr. Carlton presented the staff report.
Chair Larson -Vito opened the public hearing.
Mark Doherty, Vice President for Vireo Health, 774 Dakota Lane, Erie, Colorado, introduced himself and
was available to answer any questions.
There being no one else 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 Mark Doherty for Vireo Health for the property at 10700165`h Ave. NW with the
following conditions to satisfy the standards set forth in Section 30-654:
1. The facility must comply with all licensing and operating procedures required under
Minnesota Statutes Chapter 342.
2. The Conditional Use Permit may be issued prior to the applicant having received all
necessary state permits and licenses, but the applicant shall submit proof of obtaining all
state permits prior to beginning cultivation operations.
3. Issuance of this CUP does not exempt the applicant from all standards outlined in state
statute.
4. The operation/building must connect to city sewer and water and pay the required
SAC/WAC fees in accordance with city codes.
5. Construction activities will require signed plans prepared by a qualified professional.
Motion carried 6-0.
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Planning Commission Minutes
February 27, 2024
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SA Cargill Animal Nutrition, 10383 165t" Ave. NW
■ Conditional Use Permit for the construction of an Agricultural Research Facility (Dairy Barn), Case
No. CU 24-01
Mr. Carlton presented the staff report.
Commissioner Mauren asked questions about the manure pit improvements.
Commissioner Johnson asked if the city had received any complaints regarding odors from this facility.
Mr. Carlton indicated he could not recall any complaints.
Chair Larson -Vito opened the public hearing.
Penny LaPlante — operations manager for Cargill - provided explanations for the manure pit
improvements, noting the construction of the dairy barn will change field manure spreading every day to
twice a year. She indicated they have not received any complaints from the public regarding odors.
Commissioner Booth asked questions regarding the process of manure spreading.
Ms. LaPlante stated they will inject the manure into the ground from a slurry.
Commissioner Rydberg asked if with the addition of animals, would there be enough manure storage space.
Ms. LaPlante stated there would be plenty of space for manure storage.
There being no one else to speak, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Booth and seconded by Commissioner Johnson to recommend approval
of the request by Cargill Animal Nutrition for the property at 10383165`' Ave. NW with the
following conditions to satisfy the standards set forth in Section 30-654:
1. The facility must meet all state and local building codes consistent with an agricultural
research operation.
2. Prior to releasing the building permit, the applicant must demonstrate compliance with all
MPCA and EPA requirements.
Motion carried 6-0.
5.5 Auto-Rec Bodyworks Inc. — Ric Haugland, 21475 US Highway 169 NW
■ Amendment to Conditional Use Permit CU 19-14 to allow home on property to remain, Case No.
CU 24-02
Mr. Leeseberg presented the staff report.
Chair Larson -Vito opened the public hearing.
Ric Haugland — 21475 US Highway 169 — stated the home has not been a residence for the past four
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years. He indicated he is continuing to work with Mr. Leeseberg to finish this project up.
Commissioner Rydberg asked the applicant how many employees and customer his business had.
Mr. Haugland indicated he has 5-7 customers and maybe 1-3 tow trucks on average dropping off vehicles
per day. He indicated if his business was filled, his parking spaces would be around half capacity.
Commissioner Mauren asked what needs to happen to bring this permit up to compliance.
Mr. Haugland indicated the ADA requirements are required.
Commissioner Johnon asked Mr. Haugland if he was confident with the timeframe for compliance.
Mr. Haugland stated he was absolutely certain he could have these outstanding items completed.
There being no one else to speak, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval
of the request by Ric Haugland for Auto-Rec Bodyworks Inc. for the property at 21475 US Highway
169 NW with the following conditions to satisfy the standards set forth in Section 30-654:
1. Approved Conditional Use Permits CU 16-09 & CU 19-14 shall be terminated and become
void.
2. The buildings shall be inspected by the city's Building Official and Fire Marshal to verify
compliance with all building and fire codes.
3. All septic systems must provide a certificate of compliance or notice of noncompliance, for
the existing septic system, and must be signed by a licensed inspection business or by a
qualified employee certified as an inspector who is authorized by the local unit of
government. The certificate of compliance or notice of noncompliance must be submitted
to the local unit of government no later than 15 days after any compliance inspection.
4. There shall be no repair or maintenance of vehicles outside of the buildings.
5. All customer vehicles shall be stored inside structures or within the screened outdoor
storage area as shown on the staff site plan dated February 27, 2024.
6. The outdoor storage area shall be completely enclosed with a six-foot high 100% opaque
fence by April 1, 2024. Gates shall be closed when not in use.
7. There shall be no repair or maintenance of vehicles outside of buildings.
8. Car, truck, RV, and marine sales shall not be allowed.
9. The Conditional Use Permit must be recorded by April 15, 2024.
Motion carried 6-0.
5.6 City of Elk River
■ Ordinance Amendment — Commercial Signage Along US Highway 169, Case No. OA 23-07
Mr. Carlton presented the staff report.
Commissioner Johnson stated that along Highway 169 there would be more impacts in some areas than
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others, such as School Street and Elk Hills Drive. He asked if it makes better sense to target the areas that
are most impacted. Commissioner Johnson stated our residential areas are closer to the highway than in
other communities and changes to sign heights will affect those residential parcels. He is opposed to
changing the sign height unless the business is directly impacted by the Highway 169 improvements.
Mr. Carlton stated the presented graphic tries to get at that and tries to create a standard across the entire
corridor short of picking PIDs. He felt this was the best way to apply to as many situations as possible.
Chair Larson -Vito opened the public hearing.
Debbi Rydberg — Elk River Area Chamber of Commerce — stated she appreciated the comment from
Commissioner Johnson, and noted if the business isn't impacted, they won't spend the money. She
appreciated having a consistent ordinance that gives the appearance of fairness for all businesses.
There being no one else to speak, Chair Larson -Vito closed the public hearing.
Commissioner Rydberg stated by increasing sign heights, you allow the businesses an opportunity to give
the PUDs with monument signs an opportunity for additional advertising. He stated he suspects the
overflow of light pollution to neighborhoods won't be in a greater amount than what is already there, noting
they are protected by berms.
Commissioner Johnson disagreed.
Chair Larson -Vito asked if considerations have been made on potential impacts to neighborhoods.
Mr. Carlton stated there are city ordinances outlining lighting limits for potential impact to neighborhoods.
He noted unless they are requesting a full changeable copy sign, a future application won't be required to
apply for a CUP but the city can ask for light outputs, lumens, and measures of foot candles when the
permits are applied for to control any impacts.
Commissioner Rydberg stated he understands lights can be directed to prevent impacts, addressing some of
those concerns.
Commissioner Johnson doesn't see lighting controls spelled out in the sign ordinance.
Mr. Carlton stated lighting is spelled out in other areas of the code.
Commissioner Rydberg felt the city can address some of those concerns if the property is open without any
berm protection and has a direct impact on a nearby neighborhood.
Commissioner Johnson agreed and appreciated Ms. Rydberg's comments about the costs businesses incur
for increasing their advertising signage. He wants to level the playing field for all businesses and doesn't
wish to allow for taller signs just because some businesses can afford it.
Commissioner Mauren stated he visited the neighborhood that will be affected by the McDonald's sign and
noted by adding 10 additional feet the residents will see the sign in their front windows. He wants to remain
conservative for those residents who have come to expect a similar neighborhood when they moved in. H(
feels the elevation of the mainline is a good compromise but notes there is still an imbalance along with
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challenges communicating awareness and changes to all residents. He came to the 40 feet because it has
some industry standard basis to it, but is still nervous.
Commissioner Johnson stated it is a lit sign and very impactful. He stated some signs have had no impact
and others have. He doesn't feel it should be a blanket number.
Commissioner Booth asked if there are any ordinances that relate to signage lighting limits, so they are
turned off at various times.
Mr. Carlton stated there were no limits to time.
Commissioner Johnson stated he has no problem with monument signs as their impact is minimal and
raising them 10' would not be impactful, but other styles of signs could be obnoxious.
Commissioner Rydberg agreed and thought they may have to take things on a case -by -case basis. He
wondered if we needed to find some lighting studies.
Commissioner Johnson stated he knows we've looked at other communities and the proximity of neighbors
are not as impactful as Elk River. He felt the residential housing and apartment areas are directly impacted
and wondered if there was a better option.
Chair Larson -Vito asked if it's the Planning Commission's place to say who should and shouldn't have a
taller sign.
Commissioner Johnson stated he would rather side on the residents' side in the affected communities and
make no change to sign height.
Commissioner Mauren agreed but stated he felt the best thing for the city is following the industry standards
of 40' and he felt that was justifiable.
Mr. Carlton stated in cases where the elevation is higher than 10' above the highway grade (such as Harley-
Davidson, Menards, Perkins), if the elevation of the base of the sign is higher than 10' above Highway 169,
they would be limited to 30' which is the current ordinance. For 50' signs, it would be 10' or lower below
the grade — 40'.
Commissioner Johnson felt he could get on board with a maximum sign height of 40' above Highway 169.
Commissioner Booth asked why the city can't just make the ordinance read that way.
Mr. Carlton indicated doing so would make a number of signs legal non -conforming.
Chair Larson -Vito asked if staff can we pull out the properties that are more than 10' below the highway
grade and where the real impact would be. Seeing and understanding which neighborhoods would be
impacted would allow her to make a more informed decision.
Mr. Carlton stated staff could work with engineering and see what neighborhoods would be impacted by
that, and how close the signs are to residential neighborhoods where the elevation would most be impacted
by potential changes. He stated we wouldn't want to create a situation where it would make businesses apply
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for a variance, but rather a standard where they could come in and apply for a building sign permit, saving
time and money.
It was the consensus of the Planning Commission to direct staff come back in March with this information
along with information regarding lumens.
Moved by Commissioner Johnson and seconded by Commissioner Beise to postpone action on the
Ordinance Amendment for Commercial Signage Along US Highway 169 until the March 26, 2024,
Planning Commission meeting, to allow staff to analyze where Highway 169 elevations would most
impact signage, review lighting lumens, and what adjacent communities are doing for signage
heights.
Motion carried 6-0.
6. General Business
Mr. Carlton had no general business.
7. Council Liaison Updates
Councilmember Westgaard updated the commission on recent council decisions.
8. Motion to Adjourn Regular Meeting
Moved by Commissioner Beise and seconded by Commissioner Johnson to adjourn the regular
meeting of the Planning Commission.
Motion carried 6-0.
The meeting was adjourned at 7:39 p.m.
Minutes prepared by Jennifer Green.
r V
Jill son -Vito, Chair
Tina Allard, City Clerk
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