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Planning Commission Packet - November 25, 2025 with Presentations Planning Commission Regular Meeting Agenda Tuesday, November 25, 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 - October 28, 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 Land Use Amendment and Zone Change: Amend City Plans to Support Commercial Uses, Sherburne County - 11401 205th Ave NW 4.2 Conditional Use Permit: Amendment to CUP, Northstar Trucking - 15861 Jarvis St NW 4.3 Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River 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 Page 1 of 74 Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, October 28, 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 7:29 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 - September 23, 2025 4. PUBLIC HEARINGS 4.1 Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River Mr. Carlton presented the staff report. The city initiated ordinance request would amend Chapter 2 of the City Code. Staff and the City Attorney would make the determination if an applicant meets the standards for reasonable accomodation. Any appeal that is denied would be reviewed by the City Council. Commissioner Bland asked about the ramifications of not adopting this ordinance. Mr. Carlton stated there is the potential for discrimination lawsuits. The Commissioners felt that the ordinance created the potential to force approvals and potential loop- holes. The Commission requested that the City Attorney attend a meeting to discuss the proposed ordinance amendment. Page 2 of 74 Planning Commission Minutes October 28, 2025 --------- Page 2 of 2 Chair Beise opened the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Booth to continue the Public Hearing to the November 25, 2025, Planning Commission meeting. Motion carried 7-0. 5. GENERAL BUSINESS Commissioner Johnson asked if the Commission could discuss modifications to the Comprehensive Plan guidance with the closure of the Northstar train station. Commissioner Bland added that he would like to better define terms such as what constitutes a "small" multifamily project. This item will be added to a future work session. 6. COUNCIL LIAISON UPDATES Mr. Carlton reviewed that the City Council passed the Variance for Spikes & Houles Feed, Seed, & Pet Supply with a five-foot Variance on the west side of the site and more space in the front of the building maintained for emergency vehicles. The Twin Lakes Road PUD submitted by Pat Briggs was withdrawn and will be modified for review at a future meeting. 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 7:46 p.m. Minutes prepared by Katie Porath. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk Page 3 of 74 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 November 25, 2025 Prepared By Zack Carlton, Community Development Director Item Description Land Use Amendment and Zone Change: Amend City Plans to Support Commercial Uses, Sherburne County - 11401 205th Ave NW Reviewed by Chris Leeseberg Action Requested Recommend denial of the proposed land use amendment from Rural Residential to Highway Business as the proposed land use classification is not consistent with the surrounding land uses. Recommend denial of the proposed zone change from R-1a (single-family residential) to C-3 (Highway Commercial) as the proposed rezoning would be considered "spot zoning" and is not compatible with the surrounding uses. Background/Discussion Sherburne County owns property situated between the northbound entrance ramp for Highway 169 at 205th Ave and Brook Road NW. The property has a stormwater pond for the adjacent public streets, but is otherwise unimproved. The Comprehensive Plan guides the property for Rural Residential uses, and the zoning reflects that with an R-1a (single-family residential) classification. The adjacent parcels to the east, and across Brook Road, are large lot single family parcels. Across Highway 169, the area is guided for industrial uses, generally consisting of mining, concrete plant, and retail landscape materials. The proposal would support an initiative from the county to construct a billboard on the lot, advertising to motorists along the highway. With the current use of the property as a stormwater pond and the location between an entrance ramp and county road, development as residential may not be feasible. Billboards are only permitted on industrial and commercial properties immediately adjacent to a highway. This lot, if rezoned, would support the desired use. In considering this request, the Planning Commission should consider potential impacts to nearby homes. The change from residential to commercial will require a supermajority of the city council. Financial Impact None Page 4 of 74 Mission/Policy/Goal Appropriately govern in an ever-changing environment. Improve citizen quality of life. Attachments 1. Location Map 2. Land Use Exhibit 3. Zoning Exhibit 4. 4.1 County LU and ZC 5. 4.1 County LU and ZC-PLAN5 Page 5 of 74 Page 6 of 74 Page 7 of 74 Page 8 of 74 Sherburne County Land Use and Zoning Amendment Page 9 of 74 Page 10 of 74 Background §Sherburne County proposes amending the land use and zoning from single-family residential to highway commercial. §Supports construction of a billboard on an otherwise challenging site. §Subject site and the surrounding properties east of 169 are guided for rural residential under the Comprehensive Plan. §Request to change to Highway Commercial §Site and adjacent properties are zoned R-1a, single-family. §Request to change to Highway Business §Billboards are only permitted in commercial and industrial districts. §Zoning a single lot substantially different than surrounding lots is considered spot zoning. Page 11 of 74 Page 12 of 74 Page 13 of 74 Page 14 of 74 Page 15 of 74 Page 16 of 74 Applicant’s Response §Applicant states that the property has no viable use for a single-family home. §Grade drops off quickly from road edge. §Extremely exposed between an entrance ramp and county road without much vegetative screening. §Southern ½ of the site is dedicated to a stormwater pond. §The billboard use would provide a beneficial use to a site that is otherwise unusable for the intended use. Page 17 of 74 Action Requested §Staff’s analysis finds that the proposed amendments would constitute a spot zoning and land use classification and recommend denial. Page 18 of 74 City Council Meeting §This item will be reviewed at the December 15, 2025, City Council Meeting. §A supermajority (four-fifths) vote is required for approval. Page 19 of 74 Definition - LMC Spot zoning usually involves the rezoning of a small parcel of land in a manner that: •Has no supporting rational basis that relates to promoting public welfare. •Establishes a use classification inconsistent with surrounding uses and creates an island of nonconforming use within a larger zoned district (for example one lot where industrial uses are permitted in an otherwise residential zone). •Dramatically reduces the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property. Page 20 of 74 Page 21 of 74 Sherburne County Land Use and Zoning Amendment Page 22 of 74 Page 23 of 74 Background §Sherburne County proposes amending the land use and zoning from single-family residential to highway commercial. §Supports construction of a billboard on an otherwise challenging site. §Subject site and the surrounding properties east of 169 are guided for rural residential under the Comprehensive Plan. §Request to change to Highway Commercial §Site and adjacent properties are zoned R-1a, single-family. §Request to change to Highway Business §Billboards are only permitted in commercial and industrial districts. §Zoning a single lot substantially different than surrounding lots is considered spot zoning. Page 24 of 74 Page 25 of 74 Page 26 of 74 Page 27 of 74 Page 28 of 74 Page 29 of 74 Applicant’s Response §Applicant states that the property has no viable use for a single-family home. §Grade drops off quickly from road edge. §Extremely exposed between an entrance ramp and county road without much vegetative screening. §Southern ½ of the site is dedicated to a stormwater pond. §The billboard use would provide a beneficial use to a site that is otherwise unusable for the intended use. Page 30 of 74 Action Requested §Staff’s analysis finds that the proposed amendments would constitute a spot zoning and land use classification and recommend denial. Page 31 of 74 City Council Meeting §This item will be reviewed at the December 15, 2025, City Council Meeting. §A supermajority (four-fifths) vote is required for approval. Page 32 of 74 Definition - LMC Spot zoning usually involves the rezoning of a small parcel of land in a manner that: •Has no supporting rational basis that relates to promoting public welfare. •Establishes a use classification inconsistent with surrounding uses and creates an island of nonconforming use within a larger zoned district (for example one lot where industrial uses are permitted in an otherwise residential zone). •Dramatically reduces the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property. Page 33 of 74 Page 34 of 74 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 November 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Amendment to CUP, Northstar Trucking - 15861 Jarvis St NW Reviewed by Zack Carlton Action Requested Recommend approval of the Conditional Use Permit Amendment, subject to the following conditions: 1. Outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable; b. Semi-trucks, semi-trailers, and other delivery trucks; c. Motor vehicles; d. Recreational vehicles, campers, motor homes, and fifth-wheel trailers; e. Trailers; f. Boats; g. Light and heavy equipment; h. Enclosed shipping containers; and i. Cars and trucks. 2. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 3. Outdoor storage of products, equipment, materials, supplies, debris, or any vehicles not properly licensed, registered, or operable, is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality’s regulations. 4. If any violations of condition #3 are documented more than once in a calendar year, in either jurisdiction, the Conditional Use Permit will be brought to the City Council for direction on revocation. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. Approvals from the City of Ramsey, PUD Ordinance, Site Plan Review Resolution, and Development Agreement, shall be recorded and copies provided. 8. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates by June 1, 2026. 9. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete) by June 1, 2026. 10. Stripe the parking lot as shown on the city site plan dated March 17, 2025, by June 1, 2026. 11. Drive lanes need to maintain a minimum of 24-foot width throughout the site. 12. All driving areas and outdoor storage/parking areas shall be bound by B612 concrete curb and gutter by June 1, 2026. Page 35 of 74 13. A reinforced concrete strip, a minimum of one (1) foot wide and centered on the property line, must be installed and maintained along the city/county border to clarify any relevant jurisdictional issues by June 1, 2026. 14. Site lighting shall comply with Section 30-937 by June 1, 2026. 15. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions by June 1, 2026. 16. Submit documentation showing compliance with all Minnesota Pollution Control standards by June 1, 2026. 17. A 6-foot-tall, 100% opaque privacy fence shall be installed along the north property lines by June 1, 2026. 18. This Conditional Use Permit (CU 24-21) must be recorded by June 15, 2026, or the operation on the property must cease. 19. A 200 sq.ft. guard shack/office shall be allowed in Elk River, and will require all necessary commercial building permits and meet the required setbacks. 20. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 21. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November 1 through April 15. 22. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 23. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction’s ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 24. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated March 17, 2025. 25. Conditional Use Permits, case numbers CU 23-16 and CU 24-21, shall become void. Background/Discussion The applicant, Mr. Babkin, received approval of his Conditional Use Permit (CUP) in March 2025. As part of that approval, numerous conditions were included, and the applicant was required to complete them by November 1, 2025. To date, none of those conditions have been met, as the city of Ramsey has not permitted site work to begin until the Lower Rum River Watershed Management Organization (LRRWMO) approves the project plans. The bulk of the site improvements will be within Ramsey and no improvements, or construction may proceed until both municipalities have granted final approval. Ramsey notified Elk River on November 20, 2025, the LRRWMO plans have been approved. The applicant is requesting an amendment to their approved CUP (CU 24-21) to extend the deadline from November 1, 2025, to June 1, 2026, to complete all conditions. The Ramsey City Council granted an extension to this date at their meeting on October 28, 2025. Other than the requested amended completion date, the applicant is not proposing anything different from the approved CU 24-21 CUP. Staff have attached portions of the City Council memo, from March 17, 2025, to provide background information on the overall project. Financial Impact None Mission/Policy/Goal Meet changing needs - agile. Page 36 of 74 Attachments 1. CU 25-12 Location Map 2. Narrative 3. City Council Staff Report 3-17-2025_Partial 4. 4.2 Northstar Trucking Page 37 of 74 Page 38 of 74 Legal Description of Property Parcel 1: That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Lying North of Railroad Right-of-Way, Excluding Road, Subject to Easement of Record. Anoka County, Minnesota Abstract Property Property Address (FOR REFERENCE PURPOSES ONLY): 15861 Jarvis Street NW Ramsey, MN 55330 Parcel 2: That part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, described as follows: Beginning on the East line of said Section, 2.56 chains North of the Southeast comer thereof and at a point where said line is crossed by the Easterly line of the right-of-way of the St. Paul, Minneapolis & Manitoba Railway Company; thence North on section line 11.39 chains to center of road from State Road to Quarter post in said section line; thence South 47-1/2 degrees West to said Easterly line of said right-of-way; thence South 30 degrees East along said right-of-way to beginning. Sherburne County, Minnesota Abstract Property Property Address (FOR REFERENCE PURPOSES ONLY): Unassigned Elk River, MN 55330 Final conveyance instrument, Title Commitment, or Attorney's Opinion to govern. Commonly known or referred to as Real Property in Sherburne County and 15861 Jarvis Street Northwest, Ramsey, Minnesota. Parcel 1: That part of the South 70 rods of the West 18 rods of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Anoka County, Minnesota, lying North of the railroad right-of-way. (Real Estate ID. No. 18-32-25-33-0002) Parcel 2: That part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, described as follows: Beginning on the East line of said Section, 2.56 chains North of the Southeast comer thereof and at a point where said line is crossed by the Easterly line of the right-of-way of the St. Paul, Minneapolis & Manitoba Railway Company; thence North on section line 11.39 chains to center of road from State Road to Quarter post in said section line; thence South 47-1/2 degrees West to said Easterly line of said right-of-way; thence South 30 degrees East along said right-of-way to beginning. (Real Estate ID No. 75-013-4405) The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and/or City Council before the meeting(s). Please fill in the following information explaining your request in detail (type N/A if not applicable). Describe the scope of your project (what is being proposed)? For example: we are proposing the construction of a new daycare facility or, to allow for a motor vehicle sales office with motor vehicle repairs in X-square feet of the existing building. NorthStar Truck & RV Parking LLC is seeking to provide outdoor storage for semi-trucks, trailers, recreational vehicles, buses, boats, containers, container chassis, heavy equipment, light equipment and personal vehicles. Page 39 of 74 Hours of Operation 24/7 Number of Employees 1- Nikolay Babkin Number of parking stalls required by ordinance: City Ordinance Section 30- 903 outlines these requirements. Plans have been approved by the Elk River engineering team. Number of existing and proposed parking stalls 91 proposed parking spots If screening, not associated with outdoor storage, is being proposed, what will it consist of? Opaque mesh screen applied to fence for privacy What are the proposed building materials? The required building materials vary from zoning district to zoning district. No building will be on the property. 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. The company is planning to install a gate with a code that will be provided to clients so that they have 24-hour access to their assets. NorthStar Truck & RV Parking LLC currently has one employee who is the owner himself working the property. There are currently 91 parking stalls installed. Currently, the parking area is covered with Class 5- reclaimed asphalt gravel, compacted but will be covered with asphalt in the near future. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The city review will only be for the 3.83 portion located in the city limits. We are not planning on building any buildings. We currently have a Porta Potty provided for the clients on the left side of the property next to the gate. In regards to landscaping, the property has multiple trees on it. 40 Thuja trees have been planted on the Elk River property to provide privacy and to make it more aesthetically pleasing. We plan to install 12 light posts on the Elk River property. We also plan to install 24- hour surveillance Page 40 of 74 throughout the property for security purposes and electrical units for clients convenience. Page 41 of 74 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 City Council Item Number 7.1 Meeting Date March 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Outdoor Storage of Vehicles and Equipment, PID 75-00013-4405, Northstar Trucking & RV Parking LLC Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable; b. Semi-trucks, semi-trailers, and other delivery trucks; c. Motor vehicles; d. Recreational vehicles, campers, motor homes, and fifth-wheel trailers; e. Trailers; f. Boats; g. Light and heavy equipment; h. Enclosed shipping containers; and i. Cars and trucks. 2. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 3. Outdoor storage of products, equipment, materials, supplies, debris, or any vehicles not properly licensed, registered, or operable, is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality’s regulations. 4. If any violations of condition #3 are documented more than once in a calendar year, in either jurisdiction, the Conditional Use Permit will be brought to the City Council for direction on revocation. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. Approvals from the City of Ramsey shall be recorded and copies provided. 8. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates by November 1, 2025. 9. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete) by November 1, 2025. 10. Stripe the parking lot as shown on the city site plan dated March 17, 2025, by November 1, 2025. 11. Drive lanes need to maintain a minimum of 24-foot width throughout the site. Page 42 of 74 12. All driving areas and outdoor storage/parking areas shall be bound by B612 concrete curb and gutter by November 1, 2025. 13. A reinforced concrete strip, a minimum of one (1) foot wide and centered on the property line, must be installed and maintained along the city/county border to clarify any relevant jurisdictional issues by November 1, 2025. 14. Site lighting shall comply with Section 30-937 by November 1, 2025. 15. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions by November 1, 2025. 16. Submit documentation showing compliance with all Minnesota Pollution Control standards by November 1, 2025. 17. A 6-foot-tall, 100% opaque privacy fence shall be installed along the north property lines by November 1, 2025. 18. A temporary guard shack no larger than 200 sq.ft. shall be allowed in Elk River, until November 1, 2025. The location shall be approved by city staff. 19. This Conditional Use Permit (CU 24-21) must be recorded by November 1, 2025, or the operation on the property must cease. 20. A 200 sq.ft. guard shack/office shall be allowed in Elk River, and will require all necessary commercial building permits and meet the required setbacks. 21. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 22. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November 1 through April 15. 23. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 24. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction’s ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 25. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated March 17, 2025. 26. Conditional Use Permit, case number CU 23-16, shall become void. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2023 but has yet to be recorded. The property owner has applied for a new CUP to facilitate a joint operation of their current use on two parcels, one in Elk River and the other in Ramsey. The business has been, and continues to operate, on both parcels. Through the CUP, a master plan can be reviewed and approved to accommodate their use while having a uniform set of uses, rules, regulations, and site amenities that work for both municipalities and conform to each city’s Comprehensive Plans. Planning Commission Aside from the applicant's representative, no one spoke during the public hearing. The representative expressed a preference for a temporary guard shack larger than the 5’ x 5’ structure recommended by staff, instead proposing a 10’ x 20’ structure to accommodate both a guard shack and office space. The commission agreed that allowing a temporary structure until November 1, 2025, was reasonable, giving the applicant time to consider a permanent solution. The commission did discuss at their January 28, 2025, meeting whether or not to require the lot to be paved with asphalt to be consistent with Ramsey’s side, but they did not make a recommendation either way at their Page 43 of 74 February 25, 2025, meeting. As this CUP review pertains to an existing business, staff sought the commission’s input on an appropriate timeline for completing all required conditions. They recommended that all conditions be completed by November 1, 2025. Ramsey March 11, 2025, City Council Meeting The Ramsey City Council questioned their staff if certain vehicles such as those with hazardous waste or full garbage trucks would be stored on site. They asked if there was adequate distance from the entrance to the railroad tracks for semi truck movement. They approved the project by a 4 to 3 vote, with those opposed indicating the previous and ongoing code violations likely would continue. Financial Impact All costs associated with processing this application are the responsibility of the applicant. Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. PC Staff Report 02-25-2025 2. CU 24-21 Recording Document Page 44 of 74 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 February 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit Amendment: Outdoor Storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers, PID 75-00013-4405, Northstar Trucking & RV Parking LLC 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. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates. 2. The outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable. b. Semi-trucks, semi-trailers, and other delivery trucks; c. Recreational vehicles, campers, motorhomes, and fifth-wheel trailers; d. Boats; e. Enclosed shipping containers; and f. Cars and trucks. 3. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 4. Outdoor storage of any products, equipment, materials, supplies, or debris is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality’s regulations. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete). 8. Drive lanes need to maintain a minimum 24-foot width throughout the site. 9. All driving areas and outdoor storage/parking areas shall be bounded by B612 concrete curb and gutter. 10. The B612 concrete curb and gutter shall be installed on the east side of the fence along Jarvis Street and 10 feet from the remaining property lines. 11. Site lighting shall comply with Section 30-937. Page 45 of 74 12. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 13. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November 1 through April 15. 14. A guard shack no larger than 25 sq.ft. shall be allowed near the entrance gate. Location to be approved by city staff. 15. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 16. A reinforced concrete strip, a minimum one (1) foot wide and centered on the property line, must be maintained along the city/county border in order to clarify any relevant jurisdictional issues. 17. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction’s ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 18. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions. 19. Submit documentation showing compliance with all Minnesota Pollution Control standards. 20. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated February 25, 2025. 21. Conditional Use Permit, case number CU 23-16, shall become void. 22. Approvals from the city of Ramsey shall be recorded and copies provided. 23. Conditions #1, 7, 9, 10, 11, 16, 18, and 19 shall be completed by . 24. A 6-foot tall, 100% opaque privacy fence shall be installed along the north property lines. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2023 but has yet to be recorded. The property owner has applied for a new CUP to facilitate a joint operation of their current use on two parcels, one in Elk River and the other in Ramsey. The business has been, and continues to operate, on both parcels and staff have not received any complaints as it relates to their Elk River operation. Through the CUP, a master plan can be reviewed and approved to accommodate their use while having a uniform set of uses, rules, regulations, and site amenities that work for both municipalities and conforms to each city’s Comprehensive Plans. The property is 3.83 acres in size and is zoned I-3 General Industrial, where bus, motor vehicle, and implement storage require a Conditional Use Permit . NorthStar Truck & RV Parking LLC is seeking the CUP to provide outdoor storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The site is currently fenced, but no security gate has been installed, and clients have 24-hour access to the property. The owner will be the sole employee working on-site. The applicant asked about the possibility of installing a temporary guard shack, such as a job site trailer, to house hardware in a heated structure for operating a security gate. Staff expressed concerns about the size of such a structure and the potential for it to be used as a sleeping area. Therefore, staff recommends that the guard shack be limited to a maximum size of 25 square feet and be positioned near the entrance gate. Parking Page 46 of 74 The applicant stated in their narrative that 80 storage stalls are available, and the surface consists of Class 5 material. The submitted site plan shows how they plan to park vehicles on site. Drive lanes need to maintain a minimum 24-foot width throughout the site. The closest regulation in the ordinance is self-storage facilities stating one parking stall for each 400 square feet of office space or four stalls, whichever is greater. As there is no office on site, four stalls should be provided. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb and gutter, but the city council can grant an exemption where installing concrete curb and gutter presents a hardship due to the uniqueness of the business or other conditions. An exemption was not granted by the council for the first CUP request. Fencing There is existing decorative fencing along the railroad tracks and Jarvis Street. The applicant is also proposing a six (6) foot tall wooden privacy fence along the northern property line on the Ramsey side. Landscaping The number of trees the ordinance requires is 32; 16 overstory, 8 ornamental, and 8 coniferous. This is determined by taking the perimeter of the property (1,300 feet) divided by 40. Staff are only using the property lines facing Elk River, as the use does encroach across the property line into Ramsey. The ordinance does allow for credit of existing trees. Lighting The applicant is proposing site lights, which are shown on the site plan. Portions of Section 30-937: Lighting, state: "All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Glare, whether direct or reflected, as different from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates." Site lighting shall comply with Section 30-937. Applicable Regulations In approving a Conditional Use Permit, the city council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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 site currently operates in a similar fashion and will not detrimentally affect the use and enjoyment of the properties in the immediate vicinity. However, the addition of motor vehicles and the associated potentially toxic chemicals will require additional oversight from the MPCA, Sherburne County, and the city. To ensure any concerns for public health and groundwater contamination are addressed, staff have included conditions requiring compliance with all state and local standards related to stormwater management. Additionally, to minimize visibility from surrounding properties, potentially impacting the use and enjoyment of those parcels, staff recommends the existing fencing along the railroad tracks and Jarvis Street have opaque screening incorporated into it. It is understood that semi-trailers and taller box vehicles will still be visible. Page 47 of 74 2. Will be consistent with the comprehensive plan. The property is guided as Industrial and the Industrial Use category includes both heavy and light industrial businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods throughout the region. 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 area is 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 property 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. While the stormwater holding pond is in Ramsey, staff continues to work with Ramsey to ensure stormwater compliance across both parcels. 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. If dust can be controlled, the proposed storage use 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. To prevent dust becoming a problem, dust control measures shall be utilized in the fenced yard area. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is an open, relatively flat area, and already used for the outdoor storage of materials. 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. Staff included conditions requiring compliance with state, county, and city ordinances related to salvage yards. Included conditions address compliance with this standard. Page 48 of 74 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. Ramsey Planning Commission The Ramsey Planning Commission reviewed this at their regular meeting on January 23, 2025. To ensure both municipalities are reviewing the same information, please refer to the site exhibits in the attached Ramsey Planning Commission memo dated January 23, 2025. Elk River staff attended the meeting, where the Ramsey Planning Commission expressed appreciation for the collaborative efforts between both cities in addressing the unique application. During the presentation, Ramsey staff shared an image of damaged vehicles and other materials currently on-site, and the commission concurred that such items should not be permitted. Aside from the applicant, no one spoke during the public hearing, and the Ramsey Planning Commission unanimously recommended approval of the request. Elk River Planning Commission (1-28-205) The commission reviewed the proposal and discussed the paving of the site, repair of vehicles, and construction of a building. As the applicant brought the desire for vehicle repair and a building to the commission meeting, the commission did not want to make a recommendation until more concrete information was before them and the applicant requested their item be postponed until February 25, 2025.. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Location Map 2. Site Aerials 3. City Plan 2-25-2025 4. Ramsey Memo dated 1-23-2025 Page 49 of 74 Page 50 of 74 Page 51 of 74 Page 52 of 74 Page 53 of 74 Page 54 of 74 Page 55 of 74 Page 56 of 74 Page 57 of 74 Page 58 of 74 Page 59 of 74 Page 60 of 74 Page 61 of 74 Page 62 of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age 63 of 74 Item 4.2 Northstar Trucking Page 64 of 74 Page 65 of 74 Background §CUP approved March 2025 §November 1, 2025, deadline §No conditions met §Need plan approval from both municipalities §Requesting amendment to extend deadline to June 1, 2026 §Ramsey City Council granted their extension request Page 66 of 74 Background §Other than the deadline date §The request is the same as approved Page 67 of 74 Page 68 of 74 Action Requested §Recommend, by motion, approval of the CUP with the 25 conditions outlined in the memo Page 69 of 74 City Council Meeting §If acted on, this item will go the December 15, 2025, City Council meeting Page 70 of 74 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 November 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River Reviewed by Zack Carlton Action Requested Continue to receive comments and then continue the public hearing to December 16, 2025. Background/Discussion The Planning Commission reviewed the proposed Reasonable Accommodation Ordinance on October 28, 2025, and was concerned that individuals could use the appeal process for applications beyond the scope and intent of the proposed ordinance — creating a potential variance loophole. They also had questions about listing staff as the approver for the requests and the burden that places on them. The Commission asked to have the city attorney attend their November 25, 2025, meeting to answer their questions about the proposed ordinance amendment. The city attorney is not available for the November Planning Commission meeting, but will be in attendance in December. As a result, the Commission had not provided a recommendation to the Council, and the Council continued their public hearing to January 20, 2026. Staff recommend the Commission continue to receive comments and then continue the public hearing to December 16, 2025. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Reasonable Accommodation Ordinance DAFT Page 71 of 74 Strikethroughs to be removed Underlines to be added Last Updated January 2024 Ordinance 25 - ____ An Ordinance Creating Chapter 2, Article 1, §2-2, Reasonable Accommodations of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 2-2. – Reasonable Accommodations of the City of Elk River Code of Ordinances shall be created to read as follows: 1. The city has a legitimate interest in imposing regulations to protect the public health, safety, and general welfare. However, these regulations may not be applied in a manner that denies reasonable accommodation as required by the federal Fair Housing Amendments Act of 1988. It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair and equal access to housing, in compliance with federal law. Reasonable accommodation means granting a modification or waiver of city regulations or policies to an individual with a disability, or to a developer of housing for an individual with a disability, when necessary to eliminate barriers to housing opportunities as required by the Act. The process for making and acting upon requests for reasonable accommodation is set forth below. 2. A person may request the modification or waiver of city regulations or policies by submitting a request in writing to the community development director. No fee is required for this application. "Person" includes an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability. The application must include a detailed explanation of why the modification or waiver is reasonably necessary to make the specific housing or program available to the person, including verification of the disability, as well as other information required by the director. If the request also requires another city review or approval, then the applicant must file the request concurrently with that application. Page 72 of 74 Strikethroughs to be removed Underlines to be added Last Updated January 2024 3. The community development director, in consultation with the city attorney, has the authority to consider and act on requests for reasonable accommodation, except that requests associated with another city review or approval will be considered and decided concurrently with that application. A decision must be in writing and may include the imposition of conditions. In making a decision, the following factors must be considered: a. whether there is a qualifying disability; b. whether the request is needed to allow a disabled person equal opportunity to use and enjoy a dwelling, or to live in a particular neighborhood, as a person without disabilities; c. whether the request is reasonable, considering such things as the potential impact on surrounding uses, new construction versus an existing structure, the extent to which the accommodation meets the stated need or can alternative designs accomplish the need, and other alternatives that may meet that need; d. whether the request would constitute a fundamental alteration of the city's regulations, policies, or procedures; e. whether the request would impose an undue financial or administrative burden on the city; and f. any other factor that may have a bearing on the request. 4. The director's written decision, including notice of the right to appeal, must be mailed to the applicant.t. An aggrieved party may appeal the director's decision to the city council by submitting a written request to the city clerk within 10 days after the decision was mailed to that party. The director's decision is the final decision of the city, unless properly appealed. Only the applicant has a right to appeal. 5. An approved request related to the use of real property is granted only to an individual and does not run with the land unless the director determines that (a) the accommodation is physically integrated into the residential structure and cannot easily be removed or altered or (b) the accommodation is to be used by another individual with a disability. 6. The director may require that the applicant record a covenant agreeing to comply with conditions established in the determination, before the issuance of any permits related to an approved reasonable accommodation with respect to the use of real property. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of November, 2025. Page 73 of 74 Strikethroughs to be removed Underlines to be added Last Updated January 2024 ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 74 of 74