Loading...
Planning Commission Packet - July 22, 2025 Planning Commission Regular Meeting Agenda Tuesday, July 22, 2025 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers 1. CALL MEETING TO ORDER 2. CONSIDER AGENDA 3. CONSIDER MINUTES 3.1 Draft Minutes - June 24, 2025 4. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 4.1 Conditional Use Permit: Renewable Natural Gas Facility - Elk River Landfill/Waste Management, 22460 Highway 169 4.2 Interim Use Permit: Residential Occupation - Robert Kendrick, 11473 199th Ave NW 4.3 Conditional Use Permit: Amending CU 23-02 to allow vehicle repair and storage - Skyline Motors and Collision, 17242 Ulysses St. NW 4.4 Zone Change: City of Elk River, Business Park (BP) to Highway Commercial (C3) 4.5 Land Use Amendment: City of Elk River Business Park (BP) to Mixed Residential (MR) 5. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 6. COUNCIL LIAISON UPDATES 7. MOTION TO ADJOURN REGULAR MEETING Page 1 of 97 Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, June 24, 2025 Members Present:Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg, Commissioner Dennis Booth, Commissioner James Zahler, Commissioner Dornan Bland, Commissioner Anthony Kaba Members Absent:None Staff Present:Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green 1.CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:42 p.m. 2.CONSIDER AGENDA Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the agenda. Motion carried 7-0. 3.CONSIDER MINUTES Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the following consent items as outlined in their respective staff reports. Motion carried 7-0. 3.1 Draft Minutes from May 27, 2025 4.PUBLIC HEARINGS 4.1 Conditional Use Permit: Outdoor Vehicle Storage and Auto Sales, 9672 163rd Ave NW, Todd Bialon for Jarvis LLC Mr. Leeseberg presented the staff report. He distributed updated conditions to reflect the auto repair portion of the applicant's request. Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the public hearing. Commissioner Rydberg asked about the shared fence with Collins Brothers Towing. He asked if Collins Brothers fencing is opaque. Mr. Leeseberg stated there will be a common fence and the material will have to meet the ordinance requirements for outdoor storage. Moved by Commissioner Johnson and seconded by Commissioner Kaba to recommend Page 2 of 97 Planning Commission Minutes June 24, 2025 --------- Page 2 of 5 approval of the request by Todd Bialon for Jarvis LLC for a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The setback variance (V 25-09) shall be approved. 2. All outdoor storage shall follow Section 30-807. 3. The parking and driveway area outside the fenced area shall be bound by B612 curb and gutter. 4. All parking and driving areas must be finished with an approved surface - bituminous, concrete, or compacted Class 5. 5. All areas not identified for parking or driving areas shall be maintained as turf grass per city standards. 6. A 100% opaque fence shall be installed along the perimeter of the outdoor storage area that is visible from the right-of-way. 7. Except for short-term staging requirements, there shall be no storage of vehicles outside the approved storage area, including the city street, exterior parking area, and landscaped areas. 8. Staff approval of all site and civil plans. 9. No motor vehicle repairs shall be allowed. Motion Carried 7-0. 4.2 Conditional Use Permit: Changeable Copy Sign, Lamar Outdoor Advertising, 75-00943-0110 Mr. Leeseberg presented the staff report. Commissioner Johnson asked how the size and height of the proposed billboard compares to the billboard located north of this proposed location. Mr. Leeseberg stated he was not sure, but the applicant is requesting the changeable copy exceed 30 square feet, but no change in height. Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the public hearing. Commissioner Bland asked if there was a precedence with approving the signs in this area. Mr. Leeseberg stated the request for this sign is the changeable portion of the sign which is larger than the ordinance allows by right, but is permitted with a CUP, and noted that this is not a special exception. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend, by motion, approval of the Conditional Use Permit to allow a changeable copy sign with the following conditions to satisfy the standards set forth in Section 30-654: 1. The sign shall be constructed in accordance with all applicable city and state regulations, including compliance with brightness limits and digital display transition standards. 2. No additional signage shall be added without appropriate review and permitting. Page 3 of 97 Planning Commission Minutes June 24, 2025 --------- Page 3 of 5 3. The applicant shall provide a survey confirming that the sign location is outside regulated wetlands or demonstrate eligibility for an exemption under the Wetland Conservation Act. 4. Any disturbance to wetland areas shall require formal review and compliance with state and local wetland regulations. 5. The applicant must apply for and receive all state and local permits prior to beginning construction. Motion Carried 7-0. 4.3 Preliminary Plat: Sherburne Meadows, Sherburne County - 10638 205th Ave. NW Mr. Carlton presented the staff report. Commissioner Booth asked about the easement located on Lot 2, Block 2. Mr. Carlton stated there was an existing county road easement on that parcel. Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the public hearing. Moved by Commissioner Booth and seconded by Commissioner Zahler to recommend approval of the Preliminary Plat for Sherburne Meadows, subject to the following conditions: 1. An approved wetland replacement plan will be required. 2. Wetland boundaries identified on the plat may need to be updated after the subject site has received a Notice of Decision. 3. If the road is not immediately constructed as a through street, a temporary cul-de-sac will be required at the dead end. 4. Work with Elk River Municipal Utilities (ERMU) to secure required utility permits and coordinate overhead power lines. Motion carried 7-0. 4.4 Preliminary Plat: Oakwater Ridge, Capstone Homes - 16330 US Highway 10 Mr. Carlton presented the staff report. Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the public hearing. Commissioner Rydberg stated his major concern with this project has always been the safety of drivers entering Highway 10, predicting future accidents. Mr. Carlton stated the configuration of the access point has been a significant discussion with MnDOT and Capstone. The recommendation is an R-cut, or reduced conflict interchange. The first phase of the development before final platting will require an access permit from MnDOT, and MnDOT will not approve anything more than a smaller first phase without those access improvements being in place. The City Council and Capstone are working together to start the final design of the intersection. Page 4 of 97 Planning Commission Minutes June 24, 2025 --------- Page 4 of 5 Councilmember Wagner noted that significant conversations with MnDOT were an understatement. She stated Rep. Emmer has been contacted for help with funding to bring the interchange sooner. MnDOT said that their Highway 10 funding stops at the county line. She stated for reference, there has been significant conversations for safety improvements at this intersection. The city and Capstone are working together with engineering plans to ensure a safe intersection. Commissioner Rydberg stated it was because there are two counties at play with this roadway, and therefore it will involve state and federal funding involvement. Councilmember Wagner stated she didn't agree with Commissioner Rydberg's assessment and noted Elk River is considered outstate in the eyes of MnDOT funding. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval of the Preliminary Plat for Oakwater Ridge, subject to the following conditions: 1. All comments of the EAW must be addressed to the satisfaction of the representative agency. 2. Billboards along Highway 10 must be removed as the subdivision is developed and in accordance with City Council resolution 25-31. 3. Staff approval of all site, utility, grading, and landscape plans. 4. All wet stormwater basins require a 25-foot easement in accordance with setback and buffer requirements outlined in Sec. 30-1852. The buffer must be marked with approved signs. 5. Setback lines shown on the preliminary plat must reflect the 45-foot setback required for all wet ponds. 6. Trails and other features within the floodplain must comply with the floodplain ordinance standards. 7. All temporary dead-ends included in future development plans must include signage stating "Future Through Street" and a temporary cul-de-sac when the street will have driveway access. 8. Work with Elk River Municipal Utilities (ERMU) to adjust overhead power poles to support the development and future frontage road along Highway 10. 9. ERMU requires a per lot streetlight fee. 10. The subdivision must be developed in accordance with all requirements included in the Oakwater Ridge Master Plan and consistent with City Council action in their approval on April 7, 2025. 11. The developer and the city must design and install access improvements at Highway 10 and 165th Ave to support the traffic needs of the proposed development. 12. The MnDNR must provide written approval of the work proposed within the Wild and Scenic River District. 13. Along the property line with the Oliver Kelley Farm, the developer shall provide the following: vegetative screening and a private property sign every 500 feet along the non- wooded boundary, and one private property sign for each residential parcel along the wooded boundary. 14. The developer must also work with the Oliver Kelley Farm to resolve any encroachment concerns resulting from the existing fence. 15. Staff and the developer shall work together to resolve addressing and street alignment concerns. Page 5 of 97 Planning Commission Minutes June 24, 2025 --------- Page 5 of 5 Motion carried 7-0. 5.GENERAL BUSINESS There was no general business to discuss. 6.COUNCIL LIAISON UPDATES Councilmember Wagner provided an update to the Planning Commission of recent City Council items. 7.MOTION TO ADJOURN REGULAR MEETING Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the meeting. Motion carried 7-0. The meeting adjourned at 07:06 p.m. Minutes prepared by Jennifer Green. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk Page 6 of 97 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.1 Meeting Date July 22, 2025 Prepared By Zack Carlton, Community Development Director Item Description Conditional Use Permit: Renewable Natural Gas Facility - Elk River Landfill/Waste Management, 22460 Highway 169 Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of the Conditional Use Permit granting approval of a renewable natural gas processing facility on the Elk River Landfill site, subject to the following conditions: 1. Waste Management must receive all required land use and zoning approvals from Sherburne County for the portion of the operation within their jurisdiction. 2. Approval of the associated variance (V 25-10) granting approval of a zero-foot lot line setback. 3. Any work within MnDOT right-of-way, including underground utility work, will require additional permitting from the state. 4. Utility work within the city's right-of-way requires separate permitting, and is in addition to all commercial building permit requirements. Background/Discussion The Elk River Landfill has operated in the city for a number of years, and in that time has received a number of permits to amend their operation. The most recent amendment was received in 2023, permitting expansion of the landfill and supporting additional stormwater infrastructure. The current CUP amendment would allow the development of a renewable natural gas processing facility (RNG). This facility will collect the waste gases generated by the decomposing trash in the landfill, refine and clean the gas, and pump the gas to a large natural gas pipeline on the east side of Highway 169 where it can be used in homes and businesses. This waste gas is currently burned off on-site. The Elk River Landfill previously had a power plant on site that used waste gases to generate electricity. This facility was removed a few years ago and the gas has been burned off since. The proposed RNG operation will again provide an opportunity to recycle the waste gas rather than burn it off. The property is within the Solid Waste Facility Overlay district where solid waste facilities are allowed with a Conditional Use Permit. The landfill meets this definition and the proposed RNG use is an amendment to the current permit, but is an accessory to the principal use. The CUP application is part of a larger group of applications submitted by both Waste Management (the landfill) and Minnesota Municipal Power Association (MMPA) to support the full operation of the facility - harvesting, processing/cleaning, and pumping. The CUP operation also requires a variance (V 25-10) as the chosen site crosses property lines and the jurisdictional boundary between Elk River and Livonia Township. Waste Management is working directly with the planning Page 7 of 97 and zoning staff at Sherburne County to receive approval of the operation located outside the City of Elk River. Approval of all land use and zoning permits from the county is a condition of approval for this CUP. Site Plan The facility includes a new building and equipment to support the RNG operation. The site is located along the northern border with Livonia Township and equipment is located within both jurisdictions. The main building is in the City of Elk River along with some equipment, but the largest tanks and processing equipment are located across the border. A series of support structures are planned along the property line and pipes and conduits will cross the property line, but no structures or equipment will. Access to the site will largely be internally from the landfill site. The closest existing access to Highway 169 is south of the proposed facility. No new access points with the highway are proposed. Applicable Regulations The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The landfill operates on all the surrounding properties on the west side of Highway 169 and is not near residential properties, which may find this use detrimental to the use of their properties. Additionally, the proposed operation allows the landfill to stop or significantly reduce the burning of waste gas and instead recycle the fuel into a resource to be used by the community. 2. Will be consistent with the comprehensive plan. The underlying land use of the property is industrial. This land use guidance supports higher-intensity industrial operations within the community, including landfill and solid waste facilities. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The subject site and surrounding area are already developed for landfill and gravel mining operations. The use will not impede the normal and orderly development and improvement of surrounding vacant property. 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. The use 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. The materials leaving the site will be conveyed through underground pipes and traffic specific to this operation will be minimal when compared to the traffic supporting the landfill operation. 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. The use is intended to reduce negative environmental impacts by recycling a waste product that is currently being burned on site into something useful for residential and commercial operations within the community. Page 8 of 97 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While the project includes a new building and supporting equipment, the site has been impacted with the landfill uses, and the improvements will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and Standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Mission/Policy/Goal Together we win. Attachments 1. Location Map 2. Applicant's Narrative and Plans 3. Site Plan 4. 4.1 Landfill CUP Page 9 of 97 Page 10 of 97 SETBACK VARIANCE REQUEST TO THE CITY OF ELK RIVER FOR ELK RIVER LANDFILL RENEWABLE NATURAL GAS PROJECT June 30, 2025 Page 11 of 97 Variance Request to the City of Elk River Table of Contents June 30, 2025 Table of Contents Section 1. Introduction Page 1 Section 1.1 Waste Management Background Page 1 Section 1.2 MMPA Background Page 1 Section 1.3 Proposed Project Summary Page 1 Section 2. Setback Variance Request Page 2 Section 2.1 Project Narrative Page 2 Section 2.2 Variance Request Page 2 Attachment A. Legal Description Page A-1 Attachment B. Setback Plan Page B-1 Page 12 of 97 Variance Request to the City of Elk River Section 1. Introduction June 30, 2025 1 Section 1. Introduction Section 1.1 Waste Management Background Elk River Landfill, Inc. (ERL), a wholly owned subsidiary of Waste Management (WM) of Minnesota, Inc., owns and operates a mixed municipal solid waste (MSW) landfill (Landfill) under Minnesota Solid Waste Permit Number SW-74. The Landfill is located along U.S. TH 169 in the NW 1/4 of Section 3, T33N, R26W, and the SW 1/4 of Section 34, T34N, R26W, Sherburne County, Minnesota. The Landfill is permitted to accept MSW, construction and demolition debris, yard waste for composting, and industrial waste in accordance with a MPCA-approved Industrial Solid Waste Management Plan. ERL maintains a Solid Waste Facility (SWF) license and a conditional use permit in accordance with City of Elk River (the City) requirements. Section 1.2 MMPA Background The Minnesota Municipal Power Agency (MMPA or Agency) is a municipal power agency and political subdivision of the State of Minnesota engaged in the generation and transmission of electrical power and energy to twelve municipally owned member utilities. MMPA currently serves the Minnesota municipal utilities in Anoka, Arlington, Brownton, Buffalo, Chaska, East Grand Forks, Elk River, Le Sueur, North St. Paul, Olivia, Shakopee, and Winthrop. The member communities, including the City of Elk River, in turn deliver and sell the electricity to residential and business customers in their communities. MMPA’s mission is to provide reliable, competitively priced power to its members and to create value for both the Agency and its members. MMPA’s power supply portfolio is a mix of owned generation and power purchase agreements and a combination of conventional and renewable resources. MMPA completed a renewable natural gas project in Le Sueur, MN and plans to add further RNG projects to its portfolio, including this proposed project in Elk River. Section 1.3 Proposed Project Summary The proposed project is a landfill gas (LFG) to renewable natural gas (RNG) processing facility. ERL and MMPA executed a contract for MMPA to build, own, and operate the LFG to RNG facility at the Landfill. Under the agreement, ERL will deliver LFG to the MMPA plant for processing and cleanup. MMPA will deliver the RNG to the Northern Natural Gas (NNG) interstate pipeline. The LFG to RNG cleanup process includes the removal of water vapor, carbon dioxide, nitrogen, oxygen, and other impurities. The processed RNG will be delivered to the NNG pipeline. Process byproducts will be returned to the ERL for disposal under existing permits. Page 13 of 97 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 2 Section 2. Setback Variance Request Section 2.1 Project Narrative ERL and MMPA are proposing to develop a landfill gas (LFG) to renewable natural gas (RNG) processing facility located at the Elk River Landfill in Elk River, MN. The legal description of the property is provided in Attachment A. Landfill gas collected by ERL will be delivered to the RNG facility for processing and cleanup. The RNG facility will remove water vapor, carbon dioxide, nitrogen, oxygen, and other impurities. The processed RNG will be transported via an underground low-pressure pipeline to a location approximately two miles east of the property for delivery to the NNG interstate pipeline. Process byproducts will be returned to the ERL for disposal under existing permits. The RNG facility equipment will utilize membrane separation, pressure swing absorption, and media vessels to process and clean the gas. The RNG equipment will also utilize blowers and compressors to move the gas through the process. Cooling equipment will be used to cool oil and gas throughout the facility. The RNG facility will convert the existing LFG to a beneficial use as a renewable fuel. Once delivered to the interstate pipeline, RNG will be used by downstream customers such as homes, businesses, transportation, and power generation. Currently, LFG is combusted through ERL’s flare. The LFG to electricity generation plant at this site is no longer in operation. Section 2.2 Variance Request ERL owns and operates the Landfill on multiple parcels within the City of Elk River and Livonia Township in Sherburne County, including the adjacent property to the north. ERL and MMPA request a zero (0) foot setback variance from the north property boundary of the proposed project location. The proposed site layout, indicating equipment, buildings, accessways, fencing and property boundaries are included in Attachment B. The proposed project is located on parcels in both the City and County because of the location of the landfill gas supply and the need to have sufficient access around the facility. The proposed building is located within the city limits. The only facilities crossing the city boundary are piping supports. The following information is provided as required by the City of Elk River ordinance Section 30-365. Page 14 of 97 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 3 A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. The proposed project is located within the Solid Waste Facility overlay zoning district. The adjacent property to the north is also owned by ERL and used as part of the Landfill. Because of the ownership and use of the northern adjacent property, the variance is in harmony with the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. The City of Elk River comprehensive plan designates the land of the proposed project for Industrial use. The proposed LFG to RNG processing facility is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance The zoning ordinance requires a 20-foot side building setback from the property line. However, the landfill is located on multiple parcels within the City of Elk River and Livonia Township, including the property to the north. The proposed use is reasonable for a facility covering multiple parcels. (2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction The proposed project location was selected based on access to the landfill gas supply and the existing landfill equipment. In addition, sufficient access around the facility was needed for safety and routine operations and maintenance. Alternate locations were not feasible for the project. (3) The variance, if granted, will not alter the essential character of the locality. The proposed project is within the landfill and land owned by ERL. The project will not alter the essential character of the locality. Page 15 of 97 Variance Request to the City of Elk River Attachment A. Legal Description June 30, 2025 A-1 Attachment A. Legal Description Parcel ID 75-00103-2105 Sec-Twp-Rng Sec.3 T33N R26W Legal Description EAST 650 FT OF THE N 1/2 OF THE NW 1/4 LYING W OF US HWY 169. Map of Parcel Page 16 of 97 Variance Request to the City of Elk River Attachment B. Setback Plan June 30, 2025 B-1 Attachment B. Setback Plan See Drawing G-103. Page 17 of 97 VARIANCE REQUESTPage 18 of 97 Page 19 of 97 Elk River Landfill/ Waste Management Conditional Use Permit Page 20 of 97 Page 21 of 97 Background §MMPA, in partnership with Waste Management, propose a renewable natural gas facility (RNG). §Recycles the waste gas generated from decomposing garbage into usable product for homes and businesses. §Gas is currently burned off on-site. §Entire operation will refine, clean, and pump the gas across 169 to the NNG pipeline. Page 22 of 97 Page 23 of 97 Background §Amend the existing Landfill CUP to support the RNG operation/facility. §Previously operated a powerplant generate electricity from waste gas. §No longer in operation, seeking ways to recycle waste gas once again. §Within the Solid Waste Facility Overlay District §Use is allowed with a CUP, will be considered accessory use §Landfill must work directly with Sherburne County/Livonia Township on ALL required approvals. Page 24 of 97 Page 25 of 97 Page 26 of 97 Page 27 of 97 Page 28 of 97 CUP Requirements §Staff’s analysis of the application shows compliance with the 7 standards required for approval of the CUP Page 29 of 97 Action Requested §Recommend approval of the CUP amendment granting approval of the RNG facility with the 4 conditions noted in the memo. Page 30 of 97 City Council Meeting §If acted on, this item will go the August 18, 2025, City Council meeting Page 31 of 97 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.2 Meeting Date July 22, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Interim Use Permit: Residential Occupation - Robert Kendrick, 11473 199th Ave NW Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Interim Use Permit with the following conditions: 1. All openings to the accessory structure shall be closed when the business is in operation. 2. There shall be no outdoor storage of any business products or equipment. 3. The building must meet all commercial building requirements. 4. There shall be no customers/retail sales on site. 5. The IUP will expire upon the sale of the property. Background/Discussion The property is zoned R1-a (Single Family Residential) where residential occupations run out of an accessory structure (detached garage) require an Interim Use Permit (IUP). The applicant is seeking an IUP to operate a home-based business where they will sharpen and repair cutting tools. The business will be in an accessory structure, and will not have any employees, parking needs, outdoor storage, or signage. The hours of operation will be Monday through Friday between 8:00 a.m. and 5:00 p.m. The closest house/garage is approximately 62’ away from the subject garage to the east. The applicant received a Conditional Use Permit (CUP) for the same operation on another property in Elk River. The city has not received any complaints regarding the business at that location. Applicable Regulations The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Page 32 of 97 Due to the equipment that will be used, there is a potential to generate detrimental noises or odors. To minimize these concerns, staff recommend that all openings to the accessory structure be closed when operating tools associated with the business. 2. Will be consistent with the comprehensive plan. The Comprehensive Plan guides the property for residential which allows for home occupations. The use will be consistent with the Comprehensive Plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding property is fully developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The use 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. Staff do not see a need to impose specific conditions to satisfy this standard. 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. There is the potential the proposed uses could generate detrimental noises or odors. Staff recommend that all openings to the accessory structure be closed when the operation of tools, associated with the business, are utilized. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. No site or structural modifications are being proposed. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff do not see a need to impose specific conditions to satisfy this standard. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or Page 33 of 97 a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Mission/Policy/Goal Explain how this meets the city's mission, current policies and/or council goals Attachments 1. Location Map 2. Narrative 3. Aerials 4. IUP Requirements 5. 4.2 Kendrick Page 34 of 97 Page 35 of 97 IU 25-05 Narrative For over 5 years Robert F Kendrick Sales & Sharpening LLC has been an established business in Elk River at 931 Elk Ln NW, working out of my garage/workshop. I am now moving to 11473 199th Ave NW, Elk River and I hope to continue operating at our new home in a detached 24 x 26 garage/workshop. I have established myself in the community with repeat customers such as ISD 728. Although, the bulk of my business is shipped to me through UPS. Nothing out of the ordinary in a neighborhood. I work by myself. I just look like a man who likes to work on projects in his workshop, if anyone was to notice me. I have worked these past 5 years in a residential neighborhood and have never had any complaints. I can assure our new neighbors that I will continue in the same manner. There is no signage on my property, no indication that a business is being operated. Attached is an ariel view of the property with red dots indicating the workshop at 11473 199th Ave NW. Hours of operation: weekdays 8-5 Page 36 of 97 Page 37 of 97 Page 38 of 97 Interim Use - Applicable Regulations Before the city council may authorize an interim use, it must make the following findings: 1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. The ordinance (Section 30-801) states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired. Although termination does not guarantee adverse effects will not affect nearby properties, the recommended conditions strive to prevent this outcome. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. The proposed residential occupation will occur in an existing detached accessory structure and if the Interim Use Permit is terminated, the site will be left in a suitable condition. 3. The use is similar to uses allowed in the zoning district in which the property is located. Residential occupations are allowed with an IUP in the R1-a zoning district. 4. The date or event that will terminate the use can be identified with certainty. The ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired, so the termination of the use can be identified with certainty. 5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. If the public were to take over the property, no additional costs will be imposed on the public, as the proposed residential occupation will occur in an existing detached accessory and the site will be left in a suitable condition. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. This will be determined at the City Council meeting. 7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Again, the ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired. A cash deposit does not appear to be necessary to comply with the criteria. 8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. The proposed use will take place entirely within the detached accessory structure, containing both possible unsightly products and noise. No customers will be present on-site, thereby minimizing any potential traffic concerns. Staff recommend the condition that all openings to the accessory structure be closed when the business is in operation. 9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. The use is consistent with the Comprehensive Plan which guides the property as Rural Residential and single family uses, with residential occupations, are allowed in the zoning district. Planning Commission Item 4.2July 22, 2025 Meeting Page 39 of 97 Interim Use Permit Robert Kendrick Page 40 of 97 Page 41 of 97 Background §IUP – Residential Occupation §Knife Sharpening §One Person §Weekdays: 8:00 a.m. – 5:00 p.m. §Bulk of business shipped through UPS §Closest house/garage is ~62’ away §Received similar approval 2020 §No complaints Page 42 of 97 Page 43 of 97 Page 44 of 97 CUP Requirements §Staff report referenced CUP requirements §IUP requirements handed out Page 45 of 97 IUP Requirements §Staff’s analysis of the application shows compliance with all nine (9) of the standards required for approval of the IUP Page 46 of 97 Action Requested §Recommend, by motion, approval of the IUP with the five (5) conditions outlined in the memo Page 47 of 97 City Council Meeting §If acted on, this item will go the August 18, 2025, City Council meeting Page 48 of 97 Page 49 of 97 Page 50 of 97 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.3 Meeting Date July 22, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Amending CU 23-02 to allow vehicle repair and storage - Skyline Motors and Collision, 17242 Ulysses St. NW Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. An amendment to this Conditional Use Permit will be required for future changes/additions not shown on the Staff Site Plan dated 7-22-2025. 3. A code analysis finding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 4. The number of motor vehicle sales dealers shall be limited to one (1). 5. No more than 5 “for sale” vehicles may be displayed on the subject property. 6. All motor vehicle repairs, body work, or detailing shall only occur inside the building. 7. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing occurs. 8. The damaged vehicle storage area shall be limited to the area identified on the Staff Site Plan dated 7- 22-2025. The following conditions must be completed within 15 days of City Council approval: 1. Fencing shall be installed as shown on the Staff Site Plan dated 7-22-2025. 2. The parking lot shall be striped to city requirements for the stalls shown on the Staff Site Plan dated 7- 22-2025. 3. Five signs shall be installed indicating “For Sale” vehicles as shown on the Staff Site Plan dated 7-22- 2025. Background/Discussion The subject property is located at 17242 Ulysses Street and is 2.18 acres in size. The property is zoned Focused Area Study (FAST) Subzone E, where vehicle sales and service require a Conditional Use Permit (CUP). Page 51 of 97 In April 2023, the property received a CUP to allow for four (4) dealers and auto repair. The current application/amendment reduces the number of dealers to one (1), providing more space for the outdoor storage of damaged/inoperable vehicles. The request includes auto repair, body work, and painting. Approximately 5,800 square feet of the building will continue to be used for manufacturing by the existing tenants. The applicant will be utilizing more building space than was approved in 2023. The site is surrounded by existing businesses on the north, west, and south sides. Ulysses Street abuts the east side of the property. The site has numerous trees and the western third of the site is undeveloped as it contains a regional holding pond. Transportation/Circulation Access to and from the site will occur at the one existing access on Ulysses Street. There is sufficient on-site traffic circulation for the business, its customers, and emergency vehicles. Parking The city ordinance states: ▪ Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, or building materials sales: one parking space for each 500 square feet of floor area. ▪ Open sales or rental lots shall also provide one parking space for each 5,000 square feet of land which is to be used for sales and display area. ▪ Office building: one parking space for each 300 square feet of floor area. ▪ Manufacturing, fabricating, general industrial: six stalls plus one off-street parking space for each 500 square feet of floor area. The state also requires a display area for a minimum of 5 vehicles per dealer. Based on the ordinance, 36 stalls are required with the property having one (1) dealer Current Parking (Vision Mold and Skyline) The auto sales floor area is 928 square feet, requiring 2 parking stalls, and 3,900 square feet will be utilized for auto repairs, requiring 13 parking stalls. The sale and rental lot area is 1,135 square feet, requiring 1 stall. The 4,300-square-foot manufacturing portion requires 15 parking stalls. The state also requires five stalls per dealer, resulting in the need for 5 parking stalls. The total required parking stalls is 36. The parking lot shall be striped to city requirements for the stalls shown on the Staff Site Plan dated 7-22- 2025. If the lot is not striped within 15 days after City Council approval, the city will issue a cease-operation order and/or the Council may direct staff to revoke the permit. Landscaping The ordinance requires 33 trees for the property. The existing trees on the property satisfy this requirement. Environmental There is the potential for environmental concerns related to pollution if paint, chemicals, or other hazardous materials are not maintained properly on site. A stormwater pond to the west could potentially be polluted as well. The applicant and/or property owner shall ensure vehicles stored in the parking lot do not leak fuels or other hazardous materials into the stormwater pond to the west of the parking lot. Applicable Regulations The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: Page 52 of 97 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The proposed car dealership is the same as other businesses in the area and is compatible with the other industrial businesses. The building shall provide all proper exhaust and venting as required by the commercial building code. Exterior doors shall be closed while any motor vehicle repair or finishing occurs. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). The applicant and/or property owner shall ensure vehicles stored in the parking lot do not leak fuels or other hazardous materials into the stormwater pond to the west of the parking lot. With these measures, the proposed motor vehicle repair shop should not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. The underlying land use of the property is Highway Business. The highway business category primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community- and regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from these corridors. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The subject site and surrounding area are already developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The use 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. Staff do not see a need to impose specific conditions to satisfy this standard. 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. Page 53 of 97 The building shall provide all proper exhaust and venting as required by the commercial building code. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing occurs. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak fuels or other hazardous materials into the stormwater pond to the west of the parking lot. With these measures, the proposed motor vehicle repair shop should not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While limited site work is being proposed, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and Standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Location Map 2. Narrative 3. Site Plan 4. Staff Site Plan 7-22-2025 5. 4.3 Skyline Motors Page 54 of 97 Page 55 of 97 CU 25-09 Narrative Scope of the project: To allow the use and repairs of salvage vehicles, and to also conduct vehicle sales with a main dealer office Hours of Operation - Monday - Saturday 10am - 7pm Number of Employees - 0 Number of parking stalls required by ordinance: City Ordinance Section 30-903 outlines these requirements. 33 PARKING SPACES Number of existing and proposed parking stalls 33 EXISTING If screening, not associated with outdoor storage, is being proposed, what will it consist of? EXTENDING FENCED AREA TO FIT 7-8 VEHICLES What are the proposed building materials? The required building materials vary from zoning district to zoning district. FENCING MATERIAL Is outdoor storage being proposed? If yes, detail what is being stored, how much/many, and what is the proposed screening? City Ordinance Section 30-807 outlines these requirements. SALVAGE VEHICLE AUTO PARTS Page 56 of 97 Page 57 of 97 Page 58 of 97 Conditional Use PermitSkyline Motors and Collision Page 59 of 97 Page 60 of 97 Background §Vehicle sales and repair = CUP §Property received CUP in 2023 §4 dealers §Auto repair §Compliance issues §Amendment §1 dealer (allow more outdoor vehicle storage) §Auto repair Page 61 of 97 Background §Existing similar businesses surrounding the property §One access from Ulysses St Page 62 of 97 Page 63 of 97 Parking §With only one (1) dealer on site, there is sufficient parking for the proposed use and currently industrial use Page 64 of 97 Staff Site Plan §Staff has been working with the applicant §They wanted an adjustment from what is in the packet Page 65 of 97 Page 66 of 97 Staff Site Plan §Due to issues with the current CUP/Compliance §Staff recommended three of the conditions be completed within 15 days of council approval (Sept 2) §The applicant has requested an extension to the staff recommended deadline due to funding and time §He is requesting to have until October 15, 2025 Page 67 of 97 CUP Requirements §Staff’s analysis of the application shows compliance with 5 of the 7 standards required for approval of the CUP §With the recommended conditions, the other 2 standards should be complied with Page 68 of 97 Action Requested §Recommend, by motion, approval of the Conditional Use Permit with the 11 conditions outlined in the memo Page 69 of 97 City Council Meeting §If acted on, this item will go the August 18, 2025, City Council meeting Page 70 of 97 Page 71 of 97 Page 72 of 97 Page 73 of 97 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.4 Meeting Date July 22, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Zone Change: City of Elk River, Business Park (BP) to Highway Commercial (C3) Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the proposed zone changes from Business Park (BP) to Highway Commercial (C3) and Single Family Residential (R1c) as shown on the Existing and Proposed exhibit. Background/Discussion The Comprehensive Plan, adopted by the City Council in October 2021, includes an updated Land Use Map to guide the community’s long-term planning. The subject properties are currently zoned Business Park (BP) but are guided as Highway Business and Mixed Residential. The highway business category primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from these corridors. The mixed residential category consists of neighborhoods with multiple housing types, including single-family detached, townhomes, duplexes, and small scale multi-family buildings. Mixed residential areas should include existing residential neighborhoods where a gentle increase in density is appropriate, such as surrounding the downtown as well as new neighborhood subdivisions. To ensure consistency between the zoning and the adopted land use designation, the subject properties should be rezoned to better align with the existing uses. The Highway Commercial (C3) and Single Family Residential (R1c) districts are the most appropriate zoning classifications, as the site is located within a regional commercial area and adjacent to residential districts. Staff recommend rezoning the parcels from Business Park (BP) to Highway Commercial (C3) and Single Family Residential (R1c) as shown on the Existing and Proposed exhibit. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map Page 74 of 97 2. Proposed and Existing Zoning Exhibit 3. 4.4 Zone Change Page 75 of 97 Page 76 of 97 Page 77 of 97 Zone Change city of Elk River Page 78 of 97 Page 79 of 97 Background §Land Uses §Highway Business §Mixed Residential §Zoning is BP – doesn’t match Page 80 of 97 Background §To ensure consistency between the zoning & land use §Subject properties should be rezoned to better align §The Highway Commercial (C3) and Single Family Residential (R1c) districts are the most appropriate zoning classifications §Site is located within a regional commercial area and adjacent to residential districts §In general, the zoning is becoming less intensive than the current allowed uses (Business Park & pseudo- Industrial) Page 81 of 97 Page 82 of 97 Action Requested §Recommend, by motion, approval of the proposed zone changes from Business Park (BP) to Highway Commercial (C3) and Single Family Residential (R1c) as shown on the Existing and Proposed exhibit Page 83 of 97 City Council Meeting §If acted on, this item will go the August 18, 2025, City Council meeting Page 84 of 97 Page 85 of 97 Page 86 of 97 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.5 Meeting Date July 22, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Land Use Amendment: City of Elk River Business Park (BP) to Mixed Residential (MR) Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Comprehensive Plan amendment changing the land use from Highway Business to Mixed Residential. Background/Discussion During the 2021 Comprehensive Plan update, the subject property was identified for future use as Highway Business. The designation was consistent with a development vision near a major highway interchange, which had not yet been constructed. However, this designation does not accurately reflect the existing development of the site, which was established in 2020, and will likely outlast the 20-year time horizon of the Comprehensive Plan. The subject site is 1.75-acres and was developed with mixed residential use, townhomes, in 2020. The use is also similar to the adjacent Tall Pines residential neighborhood. The surrounding properties include a mix of residential and commercial uses, making the Mixed Residential land use designation more appropriate and consistent with the existing built environment. Amending the land use guidance to Mixed Residential will ensure consistency with the property's likely long-term use, support future planning efforts, and reduce potential conflicts with zoning. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map 2. Existing & Proposed Land Uses 3. 4.5 Land Use Amendment Page 87 of 97 Page 88 of 97 P/SP MF P/OS HB HB P/SP MF P/OS HB HB Existing Proposed Page 89 of 97 Land Use Amendment city of Elk River Page 90 of 97 Page 91 of 97 Background §Current Land Use §Highway Business §Does not accurately reflect the existing development of the site established in 2020 (townhomes) §Proposed Land Use §Mixed Residential §In general, the land use is guiding for less intensive uses (Highway Business to Residential) Page 92 of 97 Page 93 of 97 Action Requested §Recommend, by motion, approval of the Comprehensive Plan amendment changing the land use from Highway Business to Mixed Residential Page 94 of 97 City Council Meeting §If acted on, this item will go the August 18, 2025, City Council meeting Page 95 of 97 Page 96 of 97 Page 97 of 97