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Planning Commission Packet - December 16, 2025 Planning Commission Regular Meeting & Work Session Agenda Tuesday, December 16, 2025 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers ▪ Work Session meeting in Council Chambers immediately following regular meeting 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSIDER MINUTES 4.1 DRAFT Minutes - November 25, 2025 5. 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. 5.1 Ordinance Amendment and Conditional Use Permit: Discount Tire, PID 75-00899-0010 5.2 Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River 6. 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. 7. COUNCIL LIAISON UPDATES 8. MOTION TO ADJOURN REGULAR MEETING 9. WORK SESSION Work Sessions are less formal meetings to encourage dialog. Official action or votes are not typically taken. At the conclusion of a discussion, a simple consensus provides staff direction for execution of the item. This portion of the agenda is audio recorded but not video recorded or broadcast. Work Sessions are open to the public; however, visitors who wish to provide input must be invited by the presiding officer, assume a seat at the discussion table and provide their full name and address for the official record. 9.1 Concept Review: Mille Lacs Motorsports II, Inc., PID 75-00014-1200 10. MOTION TO ADJOURN Page 1 of 57 Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, November 25, 2025 Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Dennis Booth, Commissioner James Zahler, Councilmember Jennifer Wagner Members Absent: Commissioner Robert Rydberg, Commissioner Anthony Kaba, Commissioner Dornan Bland 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 7:09 p.m. 2. CONSIDER AGENDA Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the agenda. Motion carried 4-0. 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 4-0. 3.1 DRAFT Minutes - October 28, 2025 4. PUBLIC HEARINGS 4.1 Land Use Amendment and Zone Change: Amend City Plans to Support Commercial Uses, Sherburne County - 11401 205th Ave NW Mr. Carlton presented the staff report. Chair Beise asked if any portion of the lot is buildable. Mr. Carlton stated that a small portion could be used for a residence or commercial building. The applicant agrees the site is not appropriate for residential development. Chair Beise asked what zoning allowed billboards. Mr. Carlton stated commercial or industrial districts allow billboards. Commissioner Johnson added that a commercial site could allow for a future gas station. Page 2 of 57 Planning Commission Minutes November 25, 2025 --------- Page 2 of 5 Chair Beise opened the public hearing. Shelly Shefveland, 11382 205th Ave NW, questioned how large the billboard would be and if it would have electric lights, stating the lights would shine onto her property. She added that she would not want to see any industrial or business site on that location because of the noise. Mr. Carlton stated that, if a digital billboard was requested by the applicant, aConditional Use Permit would be required and the Shefveland's would be notified of that Public Hearing date. Andrew Witter, Sherburne County Public Works Director, stated the billboard would be oriented more toward the highway to reduce adverse impacts to residents. The County has not decided on a digital versus static billboard. He added that, once the site is developed, it would enter the tax roles. Chair Beise closed the public hearing. Councilmember Wagner commented, if the site was changed to commercial zoning, the applicant or future owner would be permitted to construct a commercial business. Commissioner Johnson asked if there was a way to limit the site to only use for a billboard, not other commercial uses. Ms. Shefveland asked if there would be another meeting if a commercial project was proposed for the site. Chair Beise stated there would not be another meeting as commercial properties would be a permitted use on that site if the zoning was changed. Commissioner Zahler questioned if the site would fit a gas station or other commercial property. Mr. Carlton agreed there was not a lot of buildable space on the site. He proposed working with the City Attorney to see if there was a way to restrict the use to only billboards. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval of the proposed land use amendment from Rural Residential to Highway Business with the condition that the City Attorney work with Sherburne County to limit the use on the parcel to only a billboard. Motion carried 4-0. Moved by Commissioner Eric Johnson and seconded by Commissioner Dennis Booth recommend approval of the proposed zone change from R-1a (single-family residential) to C-3 (Highway Commercial). Motion carried 4-0. Mr. Carlton stated the item would go to the December 15, 2025, City Council meeting. 4.2 Conditional Use Permit: Amendment to CUP, Northstar Trucking - 15861 Jarvis St NW Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Zahler to recommend approval of the Conditional Use Permit Amendment, subject to the following conditions: Page 3 of 57 Planning Commission Minutes November 25, 2025 --------- Page 3 of 5 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. 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. Page 4 of 57 Planning Commission Minutes November 25, 2025 --------- Page 4 of 5 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. Motion carried 4-0. 4.3 Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River Mr. Leeseberg presented the staff report. Chair Beise continued the public hearing. Moved by Commissioner Zahler and seconded by Commissioner Johnson to continue the public hearing to the December 16, 2025 Planning Commission meeting. Motion carried 4- 0. 5. GENERAL BUSINESS There was no general business. 6. COUNCIL LIAISON UPDATES There was no Council Liaison update. 7. MOTION TO ADJOURN Moved by Commissioner Johnson and seconded by Commissioner Zahler to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:36 p.m. Minutes prepared by Katie Porath. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk Page 5 of 57 Planning Commission Minutes November 25, 2025 --------- Page 5 of 5 Page 6 of 57 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 5.1 Meeting Date December 16, 2025 Prepared By Zack Carlton, Community Development Director Item Description Ordinance Amendment and Conditional Use Permit: Discount Tire, PID 75-00899-0010 Reviewed by Katie Porath Action Requested Recommend approval of an ordinance amendment codifying the Planned Unit Development (PUD) standards for the Elk Ridge Center area and adding Motor Vehicle Specialty Service Stations as a Conditional Use in the district. Recommend approval of a Conditional Use Permit (CUP) for the proposed Discount Tire operation in Elk Ridge Center, subject to the following conditions: 1. City Council approval of the associated ordinance amendment (OA 25-10) and plat (P 25-26). 2. Staff approval of all site, engineering, landscaping, and utility plans. 3. The use of hazardous materials such as lubricants, oils, chemicals, and solvents must be handled in accordance with state standards. 4. The outdoor storage of tires, new deliveries or used, is prohibited. All tires must be stored within the building and not visible from the exterior. 5. All four sides of the building must meet the PUD design standards. 6. The shared parking with the property to the south must be maintained and access between lots shall not be impeded. 7. The applicant must provide evidence of easements which provide access between the lot and a public street. 8. Overhead doors must be kept closed while operating tools and equipment to minimize noise impacts on adjacent businesses. Background/Discussion The applicant has proposed construction of a new tire service station, Discount Tire, within the Elk Ridge Center PUD. The area is governed by a PUD agreement which outlines the approved uses for the district. The proposed use is classified as a Motor Vehicle Specialty Service Station within the ordinance, and is not currently allowed within the PUD. The applicant has submitted an ordinance amendment application which proposes to add the use as a Conditional Use. The associated CUP application then proposes construction of the use. The Comprehensive Plan guides the area for Highway Business uses, which is consistent with other properties where the same use is currently allowed. The most recent facility of this type constructed in Elk River is within the C-3 (Highway Commercial) zoning district, which closely matches the subject area. Looking beyond Page 7 of 57 the community, similar tire service stations have been constructed in existing commercial developments in Rogers and Maple Grove, and do not appear to conflict with the existing commercial uses. The full definition of the proposed use is: Motor vehicle specialty service station means a place where gasoline or other automobile engine fuel sales are prohibited. Lubricants for the operation of motor vehicles may be sold directly to the public. Specialty stations are intended for the sale of minor accessories and minor repairs for automobiles and small trucks. It is intended that specialty stations shall specialize in one or two allowed uses and not generalize in all allowed uses. Minor repair shall include tire servicing and repairs, replacement of mufflers, greasing and lubrication, minor motor adjustments, transmission services, brake repairs, and auto glass replacement. Minor repairs shall not include mechanical and body work, painting, welding, storage of inoperable vehicles, outside storage of overhauling engines. Uses of this class do carry some concern for potentially negative impacts on surrounding uses. However, these impacts can generally be addressed with conditions of approval, and the use is most appropriate as a conditional use — requiring City Council approval of a Conditional Use Permit. Site and Development Plans The subject site is located between a frontage road (Holt Street) along Highway 169 and an internal drive servicing the Elk Ridge Center commercial district. There is no direct access to Holt Street, which is consistent with other uses in the PUD, and all access will come from the internal drive. The building is situated in the center of the parcel and surrounded by parking areas. These will service both the customers and employees. The southern property line is shared with a daycare operation and the parking crosses the lot line. This is consistent with the PUD as parking and circulation is generally shared between uses and not isolated to each individual use. The trash enclosure is located as far away from nearby uses as is feasible and screened from view along the public street with walls and landscaping. The additional landscaping proposed with the project meets ordinance standards and retains some of the existing trees along Holt Street and the stormwater basin. Stormwater is captured on site and directed to a larger pond south of the daycare operation. The pervious areas are not directing runoff to the adjacent stormwater basin. Engineering staff continue their review of the stormwater plans and documents. Staff are reviewing the architectural plans for compliance with the PUD standards. The PUD maintains a high bar for building appearance, with the expectation of a "north woods" appearance. The initial review did not identify any concerns, but staff will continue to review the plans and coordinate required updates with the applicant. Deviations from the PUD standards are not proposed, and the building must meet all design standards. Applicable Regulation Conditional Use Permit 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 proposed use will not detrimentally impact adjacent existing businesses and is compatible with the commercial nature of the area. The use 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 8 of 57 To ensure compliance with this standard, staff have included conditions to maintain the parking functionality of the parcel to the south, while not eliminating any of the stalls they already have. The outside storage of used or new tires is prohibited via condition, and will ensure the site does not appear messy or unkempt. Additionally, the condition requiring overhead doors to be shut while operating tools and equipment will keep notice impacts to a minimum. 2. Will be consistent with the comprehensive plan. The property is guided for Highway Business uses. 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 use is consistent with the Comprehensive Plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The area is nearly fully developed, and the remaining vacant lot is within the same land use and zoning classification. The use does not impact access to the parcel, nor does it reduce the functionality for future commercial uses on the site. To ensure access to this parcel, while not impeding the use of nearby parcels, the applicant must provide evidence of easements providing access to the site. 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. 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 activities and equipment associated with a retail tire service station should not detrimentally affect nearby properties. The use of hazardous materials such as oils, lubricants, chemicals, and solvents shall be handled in accordance with all state standards. Overhead doors are required to be kept closed while operating equipment to minimize noise impacts on surrounding properties. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic, or historic features of major importance on the subject parcel. 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 proposed use is being developed within a PUD. The PUD has a high standard for building facades, while leaving room for a site-specific review of the setbacks and building scale. The building must comply with the design standards outlined in the PUD standards, and no deviation from those standards will be approved. Staff's initial review indicates the project complies, but will continue to review the detailed elevations and work directly with the applicant to address any concerns. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or Page 9 of 57 a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In staff's review of the standards for CUP as outlined, it appears that the request is consistent with all of these required standards for approving the CUP application. Financial Impact None. Mission/Policy/Goal Meet changing needs - agile. Opportunity to live, work, and play. Support the growth and development of the community. Attachments 1. Location Map 2. Applicant's Narrative 3. Site and Civil Plans 4. Building Elevations 5. Presentation Page 10 of 57 Page 11 of 57 On behalf of Halle Properties, L.L.C., R.A. Smith, Inc. is pleased to present the attached material for Discount Tire store in an outlot at the Elk Ridge Center development. Discount Tire sells, installs and services tires and wheels as well as installing wiper blades. Staff for the store are typically 4-6 sales/managerial and 8-12 technicians, with the busiest shifts being on Friday and Saturday. As a benefit to the public, the store will provide complimentary air checks for any driver who pulls in and requests the service. Physically the proposed building will be 122’ in width by 60’ in depth for a total of 7,320 square feet in size. The building will be constructed of stone veneer, faux wood trellis and split face CMU with an anodized aluminum and glass storefront for a total height of 31’.The showroom will face south and there will be three large overhead doors on the west elevation, facing the center parking lot, behind which will be six service bays. A smaller overhead door at the northwest corner of the building is the tire receiving door. New tire storage is indoors via a racking system adjacent to the service bays and in a mezzanine above the bays. Used tire storage is segregated in its own storage area and no tires are stored outside. Generally new tires are delivered twice a week via a WB67 tractor trailer, and used tires are removed twice a week by a local recycling contractor using a box truck. Proposed signage consists of two wall signs located on the glass storefront and a larger sign above the service doors. A monument sign is also proposed at the southeast corner of the property, adjacent to Holt Street NW. All signage is internally illuminated. The site is designed to allow for the WB67 to navigate around the building to unload at the receiving door. This also enables fire apparatus and other emergency vehicles to adequately access the site. A trash enclosure constructed of the same material as the building is proposed at the northwest corner of the site. This location that Halle Properties has selected meets their internal site selection criteria and will be complimentary to the adjacent uses within the center and the City of Elk River. With limited business hours, open Monday to Friday from 8 AM to 6 PM and Saturday from 8 AM to 5 PM, and low traffic volumes it’s expected that the proposed store will not have a negative impact on traffic. Page 12 of 57 DISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNTITLE SHEETSHEET NUMBER Brookfield, WI | Milwaukee, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CAKnow what'sRPRELIMINARYNOT FORCONSTRUCTIONPLAN INDEXPLAN DATE:NDEVELOPER / OWNER:HALLE PROPERTIES, L.L.C.20225 N. SCOTTSDALE ROADSCOTTSDALE, ARIZONA 85255PH: (480) 606-6000FAX: (480) 606-4370ENGINEER AND LANDSCAPE ARCHITECT:11/24/2025BM #2NE LIGHTPOLE BASEELEV= 982.79BM #3TOP NUTHYDRANTELEV= 990.30BM #4N LIGHTPOLE BASEELEV= 982.20BENCHMARKS:HORIZONTAL DATUM:SHERBURNE COUNTY SYSTEM NAD 83 (1986 ADJ.)SITE CIVIL AND LANDSCAPE PLANS19512 HOLT ST NWELK RIVER, MN 55330Page 13 of 57 Page 14 of 57 SHEET NUMBER Brookfield, WI | Milwaukee, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CANDISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNEROSION CONTROL PLANDEMOLITION ANDCONSTRUCTION SEQUENCEEROSION CONTROL NOTESEROSION CONTROL LEGENDKnow what'sRDEMOLITION NOTES( IN FEET )GRAPHIC SCALE040201010Page 15 of 57 FFE = 983.25SHEET NUMBER Brookfield, WI | Milwaukee, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CANDISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNSITE PLAN( IN FEET )GRAPHIC SCALE040201010Know what'sRPARKING CALCULATIONSSITE & PAVING NOTESSITE LEGENDPage 16 of 57 FFE = 983.25SS DISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNGRADING PLAN SHEET NUMBER Brookfield, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CANGRADING NOTESKnow what'sRGRADING LEGEND( IN FEET )GRAPHIC SCALE040201010Page 17 of 57 FFE = 983.25SS DISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNUTILITY PLAN SHEET NUMBER Brookfield, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CAN( IN FEET )UTILITY NOTESUTILITY LEGENDKnow what'sR( IN FEET )GRAPHIC SCALE040201010Page 18 of 57 FFE = 983.25SSEXISTING BLUESPRUCEEXISTINGSPRUCEEXISTING RIVERBIRCH(24) H4(11) PV6(11) LR(24) SS2(5) LR(24) H4(1) CEM(1) SHL(3) GLS(18) PV6(1) SHL(18) PV6(1) TNK(1) TNK(1) HCB(1) HCB(1) HCB(1) CEM(9) LR(24) H4(1) CEM(7) LR(18) SS2(18) PV6(2) ABS(1) CEM(3) CCF(2) AML(1) CEM(3) DPB3(1) CEM(5) GLS(1) ABS(1) ABS(18) PV6LAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWN(10) LR(12) H4(9) LR(1) TNK(18) GLSCODEQTYCOMMON NAMEBOTANICAL NAMEINSTALLED SIZEROOTSPACINGDECIDUOUS CONIFEREVERGREEN TREESSHADE TREESORNAMENTAL TREESDECIDUOUS SHRUBSORNAMENTAL GRASSESPERENNIALSPLANT SCHEDULE SITELANDSCAPE REQUIREMENTS Section 30-934Sec. 30-934 (b) (3): MINIMUM REQUIREMENTS. ALL OPEN AREAS OF A LOT WHICH ARE NOT USED ANDIMPROVED FOR REQUIRED PARKING AREAS, DRIVES, OR STORAGE, SHALL BE LANDSCAPED WITH ACOMBINATION OF OVERSTORY TREES, ORNAMENTAL TREES, CONIFEROUS TREES, SHRUBS,FLOWERS, AND TURF OR GROUND COVER MATERIALS. THE NUMBER OF TREES ON THE LOT, TRACT,OR PARCEL SHALL NOT BE LESS THAN THREE PLUS THE PERIMETER OF THE DESCRIBED AREA ASMEASURED IN FEET DIVIDED BY 40. LOT PERIMETER = 1,033/40= 26+3 = 29 TREES REQUIREDPOROVIDED:(14) OVERSTORY/SHADE TREES(7) ORNAMENTAL AND (1) EXISTING ORNAMENTAL TREE(5) CONIFEROUS/EVERGREEN TREES AND (3) EXISTING CONIFEROUS TREES.SHEET NUMBER Brookfield, WI | Appleton, WI | Madison, WICedarburg, WI | Naperville, IL | Irvine, CANDISCOUNT TIRE - MNM 13335CITY OF ELK RIVER, MNSITE LANDSCAPE PLAN( IN FEET )GRAPHIC SCALE040201010Know what'sRPage 19 of 57 Page 20 of 57 Discount Tire PUD/Ordinance Amendment and CUP Page 21 of 57 Page 22 of 57 Background §Applicant proposes a new Discount Tire Operation §Amend Elk Ridge Center PUD to add use §Plat the outlot (CC review) §Conditional Use Permit for the operation §PUD Amendment - Motor Vehicle Specialty Station §Add as a conditional use to the PUD documents §Generally compatible with C-3 uses §Le Schwab is same use in C-3 §Similar location in nearby communities. §No changes to design or architectural requirements Page 23 of 57 Site and Building Plans §Abuts existing daycare use and shares the parking §Daycare parking and circulation is maintained. §All access comes from internal drive rather than city street. §Parking and circulation area is near the wet pond, but all drainage is captured and directed away from the pond. §Initial review of architectural plans show compliance with PUD standards. Staff will work with applicant regarding any required changes. Page 24 of 57 Page 25 of 57 Page 26 of 57 Page 27 of 57 CUP Requirements §Staff’s analysis of the application shows compliance with the standards required for approval of the CUP, subject to the included conditions. §Focus on hazardous materials, community aesthetics, PUD compliance, access, and noise mitigation. Page 28 of 57 Action Requested §Recommend approval of the ordinance amendment codifying the Elk Ridge Center PUD and adding Motor Vehicle Specialty Service Stations as a conditional use. §Recommend approval of the CUP with the conditions noted in the memo. §Applicant has concerns with condition number 8. §States that keeping the doors close will significantly impact their operation. Would like the condition removed. Page 29 of 57 City Council Meeting §If acted on, this item will go the January 20, 2026, City Council meeting Page 30 of 57 Definition Motor vehicle specialty service station means a place where gasoline or other automobile engine fuel sales are prohibited. Lubricants for the operation of motor vehicles may be sold directly to the public. Specialty stations are intended for the sale of minor accessories and minor repairs for automobiles and small trucks. It is intended that specialty stations shall specialize in one or two allowed uses and not generalize in all allowed uses. Minor repair shall include tire servicing and repairs, replacement of mufflers, greasing and lubrication, minor motor adjustments, transmission services, brake repairs, and auto glass replacement. Minor repairs shall not include mechanical and body work, painting, welding, storage of inoperable vehicles, outside storage of overhauling engines Page 31 of 57 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 5.2 Meeting Date December 16, 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 Recommend approval of the Ordinance Amendment creating an appeal process for reasonable accommodations under the Americans with Disabilities Act. 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. Per the Commission's request, the city attorney will be present during the meeting to answer their questions about the proposed ordinance amendment. The city council directed staff to work with the city attorney and draft an ordinance providing an opportunity to request “variances” specifically related to ADA and the Fair Housing Act (FHA) requirements. This would be an avenue for an applicant to present evidence of a Reasonable Accommodation request. The ordinance will establish a Reasonable Accommodation process as a means of granting a modification or waiver of city regulations or policies to an individual with a qualifying disability. Please note that this proposed ordinance would not be just for land use requirements (Planning) but to be utilized by all departments. The proposed process would give the community development director, in consultation with the city attorney, the authority to consider and act on requests. This type of request would not be a public hearing nor be reviewed by the Board of Adjustment or City Council. The applicant would also have the right to appeal staff's decision, like many other areas within the ordinance, if there is a disagreement on the application of the ordinance. The proposed ordinance, drafted by the city attorney, is in the attached Planning Commission memo dated October 28, 2025. Financial Impact None Page 32 of 57 Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Planning Commissoin Staff Report 10-28-2025 2. Presentation Page 33 of 57 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 October 28, 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 Recommend approval of the Ordinance Amendment creating an appeal process for reasonable accommodations under the Americans with Disabilities Act. Background/Discussion At the September 15, 2025, City Council meeting, the Council reviewed an application for a Variance (Case No. V 25-13) to exceed the allowed square footage of Accessory Structures and Accessory Dwelling Units. During the meeting, the applicant stated the variance would support an individual with a disability. At that meeting, the city council directed staff to work with the city attorney and draft an ordinance providing an opportunity to request “variances” specifically related to ADA and the Fair Housing Act (FHA) requirements. This would be an avenue for an applicant to present evidence of a Reasonable Accommodation request. The ordinance will establish a Reasonable Accommodation process as a means of granting a modification or waiver of city regulations or policies to an individual with a qualifying disability. The proposed process would give the community development director, in consultation with the city attorney, the authority to consider and act on requests. This type of request would not be a public hearing nor be reviewed by the Board of Adjustment or City Council. The applicant would also have the right to appeal staff's decision if there is a disagreement on the application of the ordinance. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Reasonable Accommodation Ordinance DAFT Page 34 of 57 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 35 of 57 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 36 of 57 Strikethroughs to be removed Underlines to be added Last Updated January 2024 ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 37 of 57 Item 5.2 Ordinance Amendment Page 38 of 57 Page 39 of 57 Background PC reviewed OA on October 28, 2025 Concerned individuals would use it as not intended Variance loophole Per the commissions request City attorney is here to answer questions Page 40 of 57 Background Council directed staff to draft an ordinance providing an opportunity to request "variances" specifically related to ADA and the Fair Housing Act (FHA) requirements An avenue to present evidence of a Reasonable Accommodation request A modification or waiver of regulations or policies To an individual with a qualifying disability. Please note this would not be just for land use requirements (Planning) but to be utilized by all departments Page 41 of 57 Background Gives the City Administrator, or designee, in consultation with the city attorney, the authority to consider and act on requests No public hearing Applicant can appeal staff's decision like other areas within the ordinance Page 42 of 57 Action Requested Recommend approval of the Ordinance Amendment creating an appeal process for reasonable accommodations under the Americans with Disabilities Act Page 43 of 57 City Council Meeting If acted on, this item will go the January 20, 2026, City Council meeting Page 44 of 57 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 9.1 Meeting Date December 16, 2025 Prepared By Zack Carlton, Community Development Director Item Description Concept Review: Mille Lacs Motorsports II, Inc., PID 75-00014-1200 Reviewed by Katie Porath Action Requested Review the project and provide the applicant with informal, nonbinding, feedback. Background/Discussion The applicant is proposing to construct a 75,000 square foot commercial facility at the corner of Highway 10 and 165th Ave NW. This is directly across Highway 10 from the planned entrance to the Oakwater Ridge subdivision. The Comprehensive Plan and zoning map guide the property for highway commercial uses, supporting the proposed power sports dealership. Sales could include ATVs, boats, snowmobiles, and motorcycles. The proposed retail use is permitted, but the proposal includes allowing the four existing billboards to remain on the property after the development of the dealership. City code requires billboards to be removed or platted onto their own lot when a parcel is developed. Permitting the billboards to remain on site would likely require development as a PUD rather than under the C-3 district. The application also proposes increasing the billboard heights from the ordinance limit of 35-feet to 40-feet. The applicant states this would provide the retail operation with a clearer view from Highway 10, supporting the use and allowing the billboards to remain. The Planning Commission should discuss supporting development as a PUD with a commercial powersports dealership along with four billboards up to 40-feet tall. Financial Impact None. Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Location Map 2. Concept Plans 3. Presentation Page 45 of 57 Page 46 of 57 Page 47 of 57 Page 48 of 57 Page 49 of 57 Page 50 of 57 Concept Review Power Lodge Page 51 of 57 Page 52 of 57 Background §Proposed 75,000 SF dealership (boats, ATVs, snowmobiles, etc) §27.3-acre parcel §Comprehensive Plan and zoning map guide the site for Highway Commercial uses. §Supports proposed primary use §Utilities will be available beneath 165 th §Concept discussion relates to the billboards. §4 non-conforming billboards on the lot. §Ordinance requires removal when dedicated to a new use §Request to keep billboards and increase height to 40-feet §Ordinance limits height to 35-feet. Page 53 of 57 Page 54 of 57 Page 55 of 57 Page 56 of 57 Project Considerations §Does the commission support leaving four billboards while the property develops into an additional primary use? §Does the commission support an increase to the allowed height of the billboards? §Provide the applicant with informal, non-binding, feedback regarding the proposed project Page 57 of 57