Planning Commission Packet - February 24, 2026
Planning Commission
Regular Meeting
Agenda
Tuesday, February 24, 2026
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CONSIDER AGENDA
4. CONSIDER MINUTES
4.1 DRAFT Minutes - January 27, 2026
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 Conditional Use Permit: Mineral Extraction Boundary Expansion, Knife River - 11650 225th Ave
NW
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.
6.1 Conditional Use Permit: Educational Institution, Good Shepherd Lutheran High School — 630
Freeport Ave NW
7. COUNCIL LIAISON UPDATES
8. MOTION TO ADJOURN
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Meeting of the Planning Commission
Held at the Elk River City Hall
Tuesday, January 27, 2026
Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg,
Commissioner James Zahler, Commissioner Dornan Bland, Commissioner
Anthony Kaba
Members Absent: Commissioner Dennis Booth
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris
Leeseberg, and Recording Secretary Katie Porath
1. CALL MEETING TO ORDER
Pursuant to due call and notice thereof, the meeting was called to order at 6:30 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. CONSIDER AGENDA
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the
agenda. Motion carried 6-0.
4. CONSIDER MINUTES
Moved by Commissioner Rydberg and seconded by Commissioner Johnson to approve the
following consent items as outlined in their respective staff reports. Motion carried 6-0.
4.1 DRAFT Minutes - December 16, 2025
5. PUBLIC HEARINGS
5.1 Conditional Use Permit: Private Kennel, Ruth Dutchak - 11799 191st Ave 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.
Chair Beise asked if a condition could be added for the five existing dogs, and no future dogs above six
animal units.
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Commissioner Johnson asked if an Interim Use Permit would be more appropriate. Mr. Leeseberg
stated that they need to act on the permit that was submitted.
Moved by Commissioner Rydberg and seconded by Commissioner Johnson to recommend
approval of a Conditional Use Permit with the following conditions to satisfy the standards
set forth in Section 30-654, as amended:
1. The Conditional Use Permit is for a maximum of 5 dogs over 20 pounds each (10
Animal Units).
2. All animals shall be properly licensed and maintained in accordance with city
regulations.
3. No more than two (2) animals per supervisor shall be allowed outside of the fenced
area.
4. The removal of animal waste shall comply with Section 10-5.
5. Outdoor kennel structures or runs are not permitted.
6. No dog designated as dangerous or potentially dangerous are allowed to be kept on
site, and the keeping of such dog shall be grounds for revocation of the permit.
7. The existing fence shall be maintained in good working condition. Supplemental
containment measures may be used as needed.
8. Failure to comply with the conditions of approval or applicable city code
requirements may result in enforcement action, including revocation of the
Conditional Use Permit.
9. The Conditional Use Permit is for the 5 existing dogs, at time of the application,
and not future dogs totaling more than 6 animal units.
Motion carried 6-0.
5.2 Interim Use Permit: Renewal for Multi-Family Residential Unit, Sogdiana LLC - 732 Vernon Ave
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.
Chair Beise asked if there had been any comments from the neighbors. Mr. Leeseberg responded that
there had been no comments concerning this IUP.
Moved by Commissioner Johnson and seconded by Commissioner Zahler to recommend
approval of the Interim Use Permit with the following conditions:
1. The Interim Use Permit shall terminate February 17, 2029, or when the property
changes ownership, whichever occurs first.
2. The building shall be inspected by the city’s Building Official and Fire Marshal to
verify compliance with all building and fire codes.
3. The Interim Use Permit will be recorded against the property to put any future
buyers on notice that the Interim Use Permit will not run with property.
4. The structure shall be returned to a single-family home prior to sale or when the
Interim Use Permit terminates.
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5. The applicant shall submit a deposit in the amount of $5,000 to ensure compliance
with the Interim Use Permit conditions.
6. The applicant shall provide documentation that each tenant received a letter
indicating the Interim Use Permit will expire on February 17, 2029, and the
structure will be converted back to a single-family residential district.
7. No additional Interim Use Permits will be granted for a similar use on this property
beyond February 17, 2029.
Motion carried 6-0.
5.3 Conditional Use Permit: Vehicle Sales, Highway 10 Auto Sales - 17323 US Highway 10 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.
Commissioner Johnson asked if the applicant had any issues with the proposed conditions. Mr.
Leeseberg stated the applicant agreed with the conditions. He added that the building owner had
contacted him to state that a lease had not yet been signed for the property.
Moved by Commissioner Johnson and seconded by Commissioner Bland to recommend
approval of a Conditional Use Permit with the following conditions to satisfy the standards
set forth in Section 30-654:
1. The Conditional Use Permit shall not be recorded until all conditions have been
completed.
2. The applicant and/or property owner must apply for all required commercial
building, electrical, plumbing, and/or mechanical permits before any associated
activities can occur.
3. The building shall be inspected by the city’s Building Official and Fire Marshal to
verify compliance with all building and fire codes.
4. The number of motor vehicle sales dealers shall be limited to one (1).
5. An amendment to this Conditional Use Permit will be required for additional
dealers.
6. A minimum of 8 off-street parking stalls shall be maintained on-site and always
remain available for customer and employee use.
7. No outdoor storage of vehicles not for sale (except employees and customers),
parts, equipment, or materials is permitted.
8. No motor vehicle repairs or body work can occur.
9. The applicant and/or property owner shall ensure that any vehicle stored outside
does not leak fuels or other hazardous materials onto the ground.
10. All regulations related to storage, disposal, and spill control for automobile fluids
need to be followed.
Motion carried 6-0.
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5.4 Ordinance Amendment and Conditional Use Permit: Educational Use, Good Shepherd High
School - 630 Freeport Ave NW
Mr. Leeseberg presented the staff report.
Commissioner Johnson asked about the layout of the proposed school. Commissioner Rydberg asked
about classifying the school as an educational designation or a religious designation.
Commissioner Johnson commented that Spectrum schools had been built in an industrial area.
Commissioner Zahler asked about other schools in a mixed-use zone. Mr. Leeseberg responded that
most schools are located within a residential district.
Commissioner Bland commented that having a school located in the building may prevent other
businesses from benefiting from each other.
Commissioner Johnson asked if other uses in that area may not be allowed so close to a school, such as
tobacco or liquor sales. This may limit some businesses from coming to the area.
Commissioner Rydberg questioned if this site would be an interim location or if they would want to
expand down the road.
Chair Beise opened the public hearing.
Melissa Lamkin, 16797 County Rd 83, Director at Good Shepherd High School, stated she
believes the school will have a positive impact on the community.
Commissioner Johnson asked about her thoughts on enrollment. Ms. Lamkin stated the school
currently has 32 students and the new site could potentially hold 120 students comfortably. Ms. Lamkin
added that the school has a goal to eventually own their own building and land.
Commissioner Bland asked if Ms. Lamkin had concerns with co-mingling a commercial space with
students. Ms. Lamkin looked at the location as an opportunity to impact businesses around them and
learn from business owners.
Jennifer Kowsary, 22968 142nd St NW, stated she believes that the school would make Elk River
more attractive to families looking to move.
Elijah Wilson,19663 Elgin Cir, stated the school was a safe place for students who didn't fit into a
traditional learning environment.
Dan Frette, 28227 104th St NW, Zimmerman, stated, as a builder, he is familiar with buyers who
are looking for a private Christian school.
Ken Beaudry, 12696 223rd Ct NW, wanted to see the High School come to Elk River.
Laura Vollkommer, 9165 185th Ave SE, Becker, stated she has young children she would like to
send to Good Shepherd High School in the future.
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Jay Whiting, 26400 25th St W, Zimmerman, spoke positively about the impact of the school and
stated that Good Shepherd High School has outgrown two locations within a short period of time.
Fred Van Dellen, 15021 Drake St NW, Andover, felt that increasing traffic from students and
parents in the area would provide free advertising to the existing businesses.
Chelsea Weaver, 7465 269th Ave NW, St. Francis, Associate Principal at Crown Christian
School, felt Good Shepherd High School may look for a more permanent location in Elk River once
they outgrow the space.
Josh Burdick, 14655 89th St NE, Otsego, stated that the location may not be ideal for a school,
but it was a different scenario than the Spectrum school location.
Kris Thompson, 32851 Xenon Dr NW, Princeton, building representative for Adam Price,
entertained questions.
Commissioner Johnson asked if other tenants of the building had any issues with the proposed plan. Mr.
Thompson stated the proposal had not been brought to the other tenants yet. Commissioner Rydberg
verified that Mr. Thompson would work with the applicant to address compatibility concerns.
Mr. Thompson stated that there was a low demand for retail space and the open space had been on the
market for a year.
Adam Price, 29390 100th St, Zimmerman, building owner, felt the school could fall under the
category of religious use, which is allowed in the district.
Rich Schulz, 15892 54th St, St. Michael, also owns a building in Elk River and questioned tax-
exempt options. He stated a precedent would be set to allow other buildings to add educational use in
their buildings.
Commissioner Rydberg asked if Price Homes could get an exemption on their property taxes if they
lease to the school. Mr. Leeseberg stated, he believed that real estate that was leased could not be tax-
exempt. Commissioner Rydberg added that charter schools cannot own property. Mr. Schulz added
that Spectrum school owns property under an LLC. He also stated that Sherburne County assessor had
told him that tenants can appeal to be tax-exempt.
Sarah Carlson, 16389 County Rd 83, grew up in the area and would like to see the movie theater
area full of teenagers again.
Chair Beise closed the public hearing.
Commissioner Johnson stated he was ok with the educational use as it was a 10-year lease and the
building owner was in favor of it.
Chair Beise asked if there could be an interim use permit (IUP) set at 10 years instead of a Conditional
Use Permit (CUP). Mr. Leeseberg stated a CUP was applied for and an ordinance change would still be
needed. Mr. Leeseberg stated conditions under an interim use permit could be added.
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Commissioner Johnson was in favor of amending the ordinance to allow educational uses as an interim
use.
Mr. Leeseberg added that, after the 10-year term, the applicant could apply for an extension to an IUP.
Mr. Leeseberg asked Ms. Lamkin if she would be in favor of an IUP which would be tied to Good
Shepherd High School for 10 years as opposed to a CUP which would remain with the property. Ms.
Lamkin stated she would be in favor of exploring this option.
Moved by Commissioner Johnson and seconded by Commissioner Bland to recommend
approval of the ordinance amendment adding an interim use permit into Subzone C for
educational institutions. Motion carried 6-0.
Moved by Commissioner Eric Johnson and seconded by Commissioner James Zahler to
continue the Conditional Use Permit application until the February 24, 2026, Planning
Commission meeting. Motion carried 6-0.
Councilmember Wagner asked if the application would come to the February 17 City Council meeting,
February 24 Planning Commission meeting, or March 16 City Council meeting. Mr. Leeseberg stated
the item would likely return to all of these meetings.
6. GENERAL BUSINESS
There was no general business.
7. COUNCIL LIAISON UPDATES
There were no Council Liaison updates.
8. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Johnson and seconded by Commissioner Kaba to adjourn the
meeting. Motion carried 6-0.
The regular meeting adjourned at 7:47 p.m. Chair Beise called the work session to order at 7:50 p.m.
9. WORK SESSION
9.1 Comprehensive Plan and Land Use Discussion
Mr. Carlton gave some information on the "missing middle" housing section within the Comprehensive
Plan.
Commissioner Bland stated there was too much ambiguity and a 50-unit building could not be
considered a small multifamily apartment. He wished for a smaller "funnel" defining land use. Mr.
Carlton stated the "funnel" was intentionally broad. The Comprehensive Plan is broad and zoning
districts are established to narrow the allowed uses and provide design standards.
Mr. Carlton reviewed the process of arriving at zoning. He stated that there needs to be some place in
the community for higher density.
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Commissioner Bland commented that there seemed to be different behavior between renters and
owners. He stated he would like it to be an active decision to allow multifamily housing, meaning the
applicant has to have a structure of approval.
Commissioner Johnson referenced the recent application for an apartment building. He commented
that, if not for a variance, the site could have been developed. He reiterated that the site was not
suitable for an apartment because of the easement allowing access to nearby properties and the
proximity to single-family homes.
Commissioner Johnson stated the site needs to be looked at holistically because of the train station.
What will happen with the huge vacant parking lot? Mr. Carlton stated that a bus service now runs out
of the area and uses the parking lot, so mass transit is not totally gone.
Commissioner Johnson commented that there are people who work in Elk River who can't afford to
live here.
Mr. Carlton stated the area near the former light rail train station is a great area for density as it is
located along major transportation corridors.
Commissioner Bland felt strongly that Chapter 30 of the City Code could be rewritten and volunteered
to help.
The Commission suggested a moratorium on apartment complexes, which would allow for more
information on what mass transit systems will look like with the loss of the light rail train, and to
identify the quantity and location of apartment buildings within the city. Mr. Carlton commented that
any active applications need to be processed.
Commissioner Zahler agreed that there are areas of Elk River where the buildings are valued less than
the land. He does not want to put zoning limits on what Elk River can become.
Commissioner Rydberg suggested adding conditions to a multifamily housing application such as how
many feet the proposed project is to a single-family home. Commissioner Bland agreed that existing
community members need to be taken into consideration when adding a new project near their home.
Commissioner Johnson asked if architectural standards of apartment buildings could also be considered,
citing concerns with the amount of space on an apartment building lot to allow residents to use the site
instead of going into neighboring properties. Commissioner Johnson stated the city should be careful
with mandatory regulations that suppress development.
Chair Beise commented that he does not want to make exceptions for every project that comes in.
Commissioner Zahler agreed that he would like to see a structured approach to avoid making arbitrary
decisions.
Councilmember Wagner asked, "What do we want the population of Elk River to be?" It is not
unending. Mr. Carlton stated he had heard a goal or projection of 35,000-40,000.
Mr. Carlton reviewed the Commission's concerns with apartment complexes and their desire for
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additional tools for how to review them.
Mr. Carlton said that he would bring an ordinance amendment (moratorium) on multifamily complexes
to the City Council for consideration. The moratorium would last around one year or until the new
zoning ordinance is updated.
10. MOTION TO ADJOURN
Moved by Commissioner Johnson and seconded by Commissioner Kaba to adjourn the
meeting. Motion carried 6-0.
The meeting adjourned at 8:58 p.m.
Minutes prepared by Katie Porath.
___________________
Perry Beise, Chair
___________________
Jolene Richter, Deputy City Clerk
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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
February 24, 2026
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Conditional Use Permit: Mineral Extraction
Boundary Expansion, Knife River - 11650 225th Ave
NW
Reviewed by
Zack Carlton
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with the following conditions:
1. This Conditional Use Permit authorizes mineral excavation (gravel) and the operation of a washing
plant.
2. All mineral excavation and processing operations on the property shall comply with the City’s Mineral
Excavation, Zoning and other applicable ordinances; with the terms of this Conditional Use Permit
agreement and the license agreement to be executed by the City and Operator; with the City of Elk
River’s Environmental Impact Statement on Mineral Excavation; and with the application materials and
plans submitted by the Operator, which plans and materials are the basis for the City’s approval of the
Conditional Use Permit.
3. The Operator shall orally notify the City of any violations of this permit within 24 hours and follow
this with notification in writing within four (4) working days of the violation. The Operator shall notify
the City annually in writing of the total area and amount of material mined and projected estimates of
area and amount of material to be mined in the following year. This is to be done at the time of
license renewal.
4. The license shall be renewed annually and shall run from June 1st through May 31st. The annual license
fee is that which is specified by the Elk River City Council at the time of renewal. This license fee is
not in lieu of gravel tax collected by the County, a portion of which the City receives.
5. Violations of this Conditional Use Permit may result in suspension or revocation.
6. The City Environmental Administrator and/or his/her agents shall be permitted to inspect the
Operation for compliance with the conditions of this permit during normal hours of operation.
7. The City’s approval of this Conditional Use Permit is subject to the approval of appropriate permits by
other governmental agencies.
8. No explosives shall be allowed for this operation.
9. Reclamation:
a. Reclamation shall be implemented on an annual basis pursuant to the reclamation plans
submitted by the Operator.
b. Each year a plan for that year’s reclamation shall be approved by the Environmental
Administrator prior to issuance of the annual mineral excavation license.
c. The reclamation shall include topsoil from the site being preserved and put back into place
after mining.
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d. Re-vegetation of the property shall include seeding with a mixture approved by city staff
accompanied by a nurse crop or approved mulch. The vegetation established for the
reclamation must be maintained until it is self-sufficient.
e. Contours, finished grades, details of erosion control methods, and settling ponds, shall comply
with the plans submitted and the City ordinance at the time of reclamation. Additional
measures as determined by city staff may be required.
10. Traffic:
a. Except for localized jobs, traffic through Elk River associated with the Operation shall be
limited to U.S. Highway 10 and 169. The Operator will route traffic from the Operation to
225th Ave NW west to the Highway 169 interchange as directed by the Minnesota Department
of Transportation or the City of Elk River.
b. The number of trucks per day is limited to 35 unless prior approval is given by the
Environmental Administrator for special cases.
c. As deemed necessary by the Minnesota Department of Transportation and the City of Elk
River, any required improvements to the highway intersection must be constructed prior to
the operation of the HMA.
d. As deemed necessary by the City of Elk River, any required improvements to 225th Ave NW
must be constructed prior to the operation of the HMA.
11. Dust Control:
a. A permit from MPCA regarding air emissions shall be obtained when required and particulate
emission standards shall be met by the operation. This permit and all other correspondence
between the Operator and MPCA shall be copied to the City.
b. All equipment shall be located as to reduce dust to adjacent properties.
c. A water truck shall be on site at all times when mining activities are taking place to control
dust as necessary. Chemicals shall not be used for dust control.
d. A minimum of 100 feet must be paved from 225th Ave NW into the pit.
e. The City reserves the right to require additional measures to be taken, if warranted by dust
problems, including but not limited to reducing stockpile heights.
12. All mineral excavation, processing, and sales activities shall be conducted between the normal hours of
7:00 a.m. and 7:00 p.m., Monday through Saturday.
13. Noise:
a. As deemed necessary by city staff, noise from screening and crushing associated with this
operation shall be controlled by equipment location on site, the erection of sound barriers, the
placement of stockpiles, and the type of equipment used.
b. Noise levels associated with this operation shall at no time exceed State standards.
c. The City reserves the right to require additional measures be taken, if warranted by noise.
14. Lighting from the Operation shall be directed away from adjacent residential property. Glare, whether
directed or reflected as different from general illumination, shall not be visible beyond the limits of the
immediate site. All sources of artificial light shall be so fixed, directed, designed, or sized that the
minimum subtotal of their illumination shall not increase the level of the illumination on nearby
residential property by more than .1 foot candles in or within twenty-five (25) feet of a dwelling, or
more than 0.5 foot candles on any part of the adjacent property.
15. The piling, storing, or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be
prohibited on this site, with the exception that reusable parts may be stored on the mineral
excavation site provided that it is in a location that cannot be viewed from adjacent properties or is
totally screened.
16. Mining activities shall not cause excessive vibration off site. If excessive vibration becomes an issue,
the City reserves the right to take appropriate measures to alleviate the problem.
17. Groundwater protection measures shall include:
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a. The Operator shall file with the City an Emergency Spill Prevention and Counter Control Plan
and a Storm Water Pollution Prevention Plan as may be required by other governmental
entities. The Operator shall adhere to these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a copy of their flammable or hazardous
materials.
c. Fuel tanks shall be above ground, properly diked (if required by law), and registered with
MPCA.
d. All incidences that have the potential to adversely affect groundwater, including but not limited
to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be
followed up in writing within four (4) working days.
e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MPCA
and copied to the City.
f. Stockpiles of recycled asphalt must not be placed in surface water and run-off from these
stockpiles shall be directed away from surface waters. Further, the size of the stockpiles is
limited to the amount of material that can be used in one year, but need not necessarily be
used in one year and can be stored over winter.
g. The wells located at the site shall be monitored once a year for diesel range organics
(DRO). Mining activities shall not take place closer to groundwater levels than indicated in the
plans submitted without amending this conditional use permit. However, if mining is proposed
to occur below the water table in the future, the above-referenced wells shall be monitored
for DRO prior to excavation activities commencing and after their cessation each
year. Further, in the event of a spill, appropriate water tests (as determined by the city) will
be taken until the spill is deemed clean by the city.
h. Except for minor repairs, maintenance of vehicles and equipment shall take place in the
operator’s shop. The operator shall have an approved hazardous waste license for this facility
and properly dispose of all waste.
i. A minimum of a two-celled system to recycle water from the wash operation shall be utilized.
j. Water usage by mining activities shall not adversely affect adjacent wells. Mitigation measures
may include, but are not limited to, curtailing of pumping activities until water levels return.
18. Signage for the operation shall be that which is permitted for an industrial operation in a medium
industrial zone, with the exception that billboards are not allowed.
19. The operator shall fence the entire perimeter of the site with a four (4) foot high fence with support
post every ten (10) feet.
20. Cutting of trees between April 15 and July 15 is prohibited. The Operator shall take other measures
deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to:
debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and
avoiding mechanical damage to remaining trees.
21. The Operator shall erect berms adjacent to 225th Ave NW as required by the City of Elk River.
22. Other Permits:
a. The Operator shall obtain all state and federal permits appropriate to their operation and file
copies of said permits with the City.
b. All shingles must be managed in accordance with Minnesota Rules 7035.2860 – Beneficial Use
of Solid Waste. Compliance documentation shall be submitted to the City prior to continued
storage or processing of such materials.
23. Roadways must be kept free of tracked material. Tracking Best Management Practices (BMPs) shall be
adjusted as necessary to prevent debris from entering public roadways. Any material tracked onto the
roadway must be removed through daily sweeping.
24. An additional cattle grate shall be placed between the street and the security gate, and the operator
must ensure all vehicles exit this site only after crossing this cattle grate.
25. If mining operations expand east of the current footprint, an updated wetland delineation report shall
be submitted for review and approval prior to further expansion.
26. Gravel wash operations:
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a. Identify and/or confirm the location of nearby groundwater wells (groundwater receptors) and
surface water receptors on and immediately surrounding the mining and gravel washing
operation and document their proximity to the washing operations on a map.
b. Install a water table monitoring well or wells at the site and generally between the washing
operation and the nearby groundwater receptor(s). Survey the monitoring well(s) for
horizontal and vertical control and identify their location on a site map.
c. Measure and record water elevations at the monitoring well(s) within approximately one week
of initiating pumping of water from the dug pit for washing, mid-way during washing and within
one week upon cessation of washing operations.
d. Conduct water quality testing of samples collected from monitoring well(s) for diesel range
organics (DRO), BETX, pH (field), temperature (field) and specific conductance (field) prior to
and at the cessation of washing operations on an annual basis.
e. In the event of a spill, washing operations should be terminated until such time that the extent
and potential impact of the spill can be determined through testing as determined necessary by
the City.
Background/Discussion
Knife River has applied for a Conditional Use Permit (CUP) to expand the existing gravel mining boundary to
include an additional 3.7 acres located in the northwest corner of the subject property. The proposed
expansion area is outside of the designated mining district but is contiguous with the existing gravel pit
operations. A minor addition like this is acceptable under state regulations.
The subject property is surrounded by mining activities, a landfill, and one residential property. The proposed
expansion is intended to incorporate additional land into the existing mining operation without introducing
new operational components or materials.
Existing vegetation located outside the proposed mining boundary will remain undisturbed. Screening for the
expansion area will match the standards and requirements currently applied to the existing mining area.
No additional building materials or operational processes are proposed as part of this expansion. The request
is limited to the extension of the mining boundary to allow continued gravel extraction within the additional
3.7-acre area.
Applicable Regulations
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 expansion will not endanger, injure, or detrimentally affect surrounding properties or the
public health, safety, comfort, or general welfare of the community. The site is located within an area
characterized primarily by industrial-scale mining and landfill operations, which minimizes potential land-use
conflicts. Existing screening requirements will be extended to the expansion area to maintain consistency with
current mitigation measures.
2. Will be consistent with the comprehensive plan.
The proposed expansion is consistent with the Comprehensive Plan, which recognizes ongoing aggregate
extraction activities in this area. The expansion represents a logical continuation of an established mining
operation rather than the introduction of a new or incompatible use.
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3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The expansion will not impede the normal and orderly development of surrounding vacant properties. Given
the surrounding land uses, including existing mining operations and landfill activities, the continued operation
of the gravel pit is consistent with the existing land-use pattern and anticipated development character of the
area.
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 proposed expansion will be adequately served by existing public facilities and services. No additional
structures or significant operational changes are proposed that would increase demands on public
infrastructure. Traffic patterns and volumes are anticipated to remain consistent with current operations and
are not expected to create congestion or interfere with adjacent public roadways.
The city has had numerous complaints about the tracking of gravel and other materials from the site onto the
city street. Staff recommend adding an additional cattle grate between the street and the security gate, and
requiring all vehicles to exit this site only after crossing this cattle grate.
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 expansion does not introduce new processes, materials, or equipment beyond those already associated
with the existing gravel mining operation. As such, operational impacts related to traffic, noise, dust, vibration,
or other potential nuisances are expected to remain consistent with current approved operations and within
acceptable regulatory limits.
Staff previously requested a management plan for the disposal of shingles currently stored on site. This plan
has not yet been received. All shingles must be managed in accordance with Minnesota Rules 7035.2860 –
Beneficial Use of Solid Waste. Compliance documentation shall be submitted to the City prior to continued
storage or processing of such materials.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
A Technical Evaluation Panel (TEP) review determined that no wetlands are present within the proposed
expansion area. Therefore, the project will not result in the destruction, loss, or damage of natural features of
major importance based on available environmental review information.
While the TEP determined that no wetlands are present within the proposed expansion area, if mining
operations expand east of the current footprint, an updated wetland delineation report shall be submitted for
review and approval prior to further expansion.
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 will comply with all applicable city code requirements and regulatory standards governing
mining operations. Conditions of approval are recommended to ensure continued compliance with state
regulations and local operational standards.
Based on the findings outlined above, staff recommends approval of the Conditional Use Permit to expand the
existing gravel mining boundary by 3.7 acres, subject to the conditions.
Page 14 of 71
Financial Impact
None
Mission/Policy/Goal
Explain how this meets the city's mission, current policies and/or council goalsEthical, efficient, and
responsible.
Attachments
1. CU 26-01 Location Map
2. Proposed Mining Plan
3. Application Information
4. Presentation
5. Public Comment on Knife River CUP; Case CU 26-01
Page 15 of 71
Page 16 of 71
Page 17 of 71
Legal Description of Property
That part of the East Half of the Southwest Quarter (E ½SW¼) lying East of US
Highway 169 in Section Three (3), Township Thirty-three (33), Range Twenty-six (26),
Sherburne County, Minnesota, less and except that part of the Northeast Quarter of the
Southwest Quarter (NE¼ SW¼) of Section Three (3), Township Thirty-three (33),
Range Twenty-six (26), East of the Highway No. 169 and North of the center line of
township road, according to the United States Government Survey thereof and situate in
Sherburne County, Minnesota.
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.
Knife River is requesting the mining boundary in the existing E Toth gravel pit be
expanded to include an additional 3.7 acres in the northwest corner of the property.
Hours of Operation No change requested
Number of Employees No change requested
Number of parking stalls required by
ordinance: City Ordinance Section 30-
903 outlines these requirements.
No change requested
Number of existing and proposed parking
stalls
No change requested
If screening, not associated with outdoor
storage, is being proposed, what will it
consist of?
Existing vegetation outside of the proposed
mining boundary will remain. Screening will
match that required for the existing
portion of the parcel that is currently
included in the mining area.
What are the proposed building
materials? The required building materials
vary from zoning district to zoning district.
There will be no additional building
materials used as part of the gravel mining
in the proposed 3.7 acre addition.
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.
No change requested
Page 18 of 71
Conditional
Use Permit
Knife River
Page 19 of 71
Page 20 of 71
Background
§Expand their existing gravel mining boundary to include an
additional 3.7 acres
§Area is outside of the designated mining district but,
§is contiguous with the existing gravel pit operations
§A minor addition like this is acceptable under state
regulations
Page 21 of 71
Page 22 of 71
Background
§Property surrounded by mining activities, a landfill, and
one residential property
§No additional building materials or operational processes
are proposed as part of this expansion
Page 23 of 71
Public Comment
§Staff received an email
§Street Tracking
§Highway Safety
§Right Turns
§Daily Trips
§Enforcement
Page 24 of 71
Street Tracking
§Tracking of material is expected
§Should be swept daily
§More frequently if safety issues arise
§Adding an additional cattle grate is a recommended
condition
Page 25 of 71
Page 26 of 71
Page 27 of 71
Highway Safety
§MnDOT reviewed the application
§Did not note any concerns regarding tracking issues on
Highway 169
§Expressed no concerns with the overall request
Page 28 of 71
Right Turns
§Except for localized jobs, traffic through ER associated with
the operation shall be limited to Hwy 10 & 169. The
operator will route traffic to 225th west to the 169
§Condition does not require 100% use of 169
§Generally attributed to customers or equipment rentals
Page 29 of 71
Right Turns
§Rolling stops
§Concern shared with PD
§Safety mirrors are intended to supplement, not replace, a
full stop at the posted sign
Page 30 of 71
Daily Trips
§Current condition limits the number of individual trucks to
35 per day
§For unique vehicles, rather than the total number of trips
made by each truck
§Does the PC want to consider trips vs vehicles?
Page 31 of 71
Enforcement
§Make every effort to ensure CUPs are compliant with
conditions and regulations
§Staffing and resource limitations prevent continuous
monitoring
§Compliance achieved through periodic reviews, responding
to community complaints, and ongoing cooperation with
property owners
§Address concerns in a timely and consistent manner
Page 32 of 71
Applicable Regulations
§Staff’s analysis of the application shows, with the
recommend conditions, that the standards required for
approval of the CUP can be met
Page 33 of 71
Action Requested
§Recommend, by motion, approval of a CUP with the 26
conditions outlined in the memo
Page 34 of 71
City Council Meeting
§If acted on, this item will go to the March 16, 2026, City
Council meeting
Page 35 of 71
Page 36 of 71
Page 37 of 71
Page 38 of 71
From:Melanie Curtis
To:Chris Leeseberg
Cc:Todd Curtis; Miranda Flatten
Subject:Public Comment on Knife River CUP; Case CU 26-01
Date:Monday, February 23, 2026 11:24:06 AM
You don't often get email from melanie.c.curtis@gmail.com. Learn why this is important
Re: Public Hearing – Case No. CU 26-01
Proposed Expansion of Knife River Mining Operation (Ernie Toth Pit), 225th Avenue, Elk River
I am writing in response to the public hearing notice for Case No. CU 26-01 regarding the proposed expansion of
Knife River’s mining operation at the Ernie Toth pit off 225th Avenue in Elk River.
My comments primarily concern traffic safety, regulatory compliance, and ongoing operational impacts at the pit
entrance and the intersection of 225th Avenue and Highway 169.
1. Traffic Safety, Access, and Increased Truck Volume
My neighbors and I have consistently raised concerns regarding gravel truck traffic and roadway safety. In 2024,
following a tragic fatality at the 225th Avenue/Highway 169 intersection, residents contacted the City of Elk River,
the Minnesota Department of Transportation, and other relevant agencies regarding safety improvements.
Since the removal of controlled intersections and traffic signals along Highway 169, access onto 169 from 225th
Avenue has become increasingly difficult and unpredictable. While regional traffic flow may have improved, local
access has become more challenging and hazardous.
Importantly, the improvements that were made at this intersection to support the landfill and gravel operations —
including the widened crossover, acceleration lanes, and turn lanes — make this the safest access point for our
neighborhood and for many of the neighborhoods north of us. We do not want this intersection removed. We want
it to remain open and to be made safer through appropriate operational controls and enforcement.
At the same time, we have experienced a substantial increase in gravel truck traffic along 225th Avenue during the
construction season. Truck traffic has extended north along 112th Street NW into Livonia Township.
Under the original Conditional Use Permit (CUP) issued to Bauerly Brothers in 1997 (CU 97-02), and subsequent CUP
approvals, a condition of operation required trucks to access Highway 169 via 225th Avenue and prohibited routing
north via 112th Street NW. Despite this condition, trucks are routinely observed traveling north on 225th/112th.
In addition, the sheer number of daily vehicle trips to and from the site is excessive. Residents attempting to access
Highway 169 frequently must wait behind five to eight side-dump trucks at the intersection. During that time,
additional trucks enter or exit the site, often traveling north. It can take 10–15 minutes to access Highway 169.
Combined with the continuous stream of traffic on Highway 169, travel times have become unpredictable and
increasingly hazardous.
The 2009 CUP (CU 09-14) imposed a condition limiting the number of “trucks per day.” City staff have explained that
this limits the number of individual trucks accessing the site, not the number of vehicle trips per day. This distinction
is significant. A limitation on individual trucks does not meaningfully restrict total traffic volume if those trucks make
multiple trips per day.
I respectfully request clarification on the following:
Is compliance with the truck limitation currently being tracked?
If so, what methodology is being used?
Page 39 of 71
Why is the limitation not structured around total vehicle trips per day?
A vehicle trip limitation would more accurately reflect and mitigate the real-world traffic impacts experienced by
residents.
2. Unsafe Driving Behavior
Residents have observed gravel trucks:
Rolling through or disregarding the stop sign at the pit entrance, and when accessing Highway 169
northbound;
Crossing Highway 169 to access the southbound lanes without stopping at the 225th/169 stop sign.
This behavior is unsafe and reckless. While a mirror has been installed at the pit entrance to improve visibility, it has
also made it easier for trucks to exit without fully stopping.
Given the prior fatality at this intersection and the increasing difficulty of accessing Highway 169, strict enforcement
of traffic control compliance is essential.
3. Roadway Debris and Environmental Concerns
Nearby roads, the highway, and the crossover are frequently covered with sand, gravel, and mud tracked from the
site. This accumulation creates safety hazards for motorists and environmental concerns for nearby properties.
Although roadway sweeping has occasionally occurred following complaints, sweeping often stirs up dust that
resettles on 225th Avenue. Whereas debris on the crossover, turn lanes, and acceleration lanes is not swept and is
sometimes left for days.
Closer monitoring and a more effective mitigation strategy are needed. Potential solutions previously discussed
included:
Installation of a cattle grid at the site entrance to reduce material tracking;
A formalized street sweeping and maintenance agreement;
Ensuring that all truck loads are properly covered before leaving the site.
I request clarification as to whether these measures were required, implemented, and are currently being
monitored.
4. Compliance with City Code
City Code §42-53 states:
“The council shall issue an extraction license only upon a finding that the proposed extraction activities will comply
with the standards and requirements set forth in this article and will not be dangerous or otherwise detrimental to
persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the
use, enjoyment or value of any neighboring property. The council, in its discretion, may attach conditions to protect
the public health, safety and welfare, to avoid traffic congestion or hazard, or to promote conformity of a proposed
use with the character of adjoining property and uses.”
The issuance of an extraction license necessarily reflects a determination that operational conditions can and will be
met. There should also be an ongoing expectation that those conditions continue to be satisfied.
With each annual license review, and particularly with new CUP applications, the City has the authority and
responsibility to ensure compliance and to impose additional reasonable conditions where necessary to protect
public safety.
Page 40 of 71
Residents have repeatedly provided written and in-person comments urging enforcement and the addition of
appropriate conditions. It is my understanding that no new conditions were recommended by staff in connection
with the previous CUP request in 2024. Given the documented traffic volume, safety concerns, and operational
issues, additional conditions appear warranted and appropriate.
The current operational impacts raise serious concerns regarding traffic congestion, roadway safety, debris
management, and compliance with existing permit conditions.
Before approving any expansion, the City should:
Verify and publicly report compliance with existing CUP conditions;
Reassess truck limitations to focus on total vehicle trips per day;
Enforce routing restrictions;
Maintain and improve safe access at the 225th/Highway 169 intersection rather than consider removal;
Implement stronger debris mitigation measures; and
Ensure consistent monitoring and enforcement.
Thank you for the opportunity to provide these comments. Please acknowledge receipt.
Melanie Curtis
10988 235th Avenue NW, Elk River
Page 41 of 71
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
6.1
Meeting Date
February 24, 2026
Prepared By
Zack Carlton, Community Development Director
Item Description
Conditional Use Permit: Educational Institution,
Good Shepherd Lutheran High School — 630
Freeport Ave NW
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the conditional use permit allowing an Educational Institution in the MU-
ERP district, subject to the following conditions:
1. The City Council must adopt an ordinance adding Educational Institutions as a Conditional Use in the MU-
ERP zoning district.
2. Architectural plans will need to be reviewed by the MN Department of Labor and Industry prior to
submitting for city building permits.
3. The accessible route and bathroom access for suites 600 and 700 must be updated to comply with the state
building code.
4. All costs associated with potential address changes of affected tenants will be the responsibility of the
property owner and/or applicant.
5. Any expansion of the school will require an amendment to the Conditional Use Permit.
Background/Discussion
The applicant, Good Shepherd Lutheran High School, has requested approval of a Conditional Use Permit
(CUP) to establish an Educational Institution (school) at 630 Freeport Ave NW. The school use is not currently
allowed in the zoning district, and prior to full approval, the City Council must adopt an ordinance that
permits the use for the subject site. Without this approval, the CUP cannot be approved.
The Planning Commission held a public hearing on January 24, 2026. The full meeting summary is included in
the attached City Council staff report dated February 17, 2026. At the conclusion of the hearing, the Planning
Commission voted unanimously to add Educational Institutions as an Interim Use in Subzone C of the MU-ERP
zoning district. The Commission also continued the CUP discussion to February 24, 2026,
Since the Planning Commission, staff and the city attorney have discussed the action from the commission
meeting and do not believe that classifying a school as an interim use is appropriate. Conditional Use Permits
are for ongoing uses, like schools, business, government facilities, etc. However, Interim Use Permits (IUPs)
are used for temporary/short-term needs of a specific property. Examples from past activities in the city
include temporary classroom trailers, short-term use of a single-family home for multifamily uses, parking lots
for model homes, compost sites, and home occupations. A school is generally a long-term use that should
receive the benefit of surety that a CUP provides rather than a definitive end date included with an IUP.
Page 42 of 71
The City Council held a public hearing on February 17, 2026, to receive public comments on the ordinance
amendment. The City Council continued the public hearing to March 2, 2026, where they will again receive
testimony on the ordinance amendment and the CUP applications. As the Planning Commission has already
made a recommendation regarding the ordinance amendment, the remaining discussion will relate to the
CUP.
Site and Building Plans
The proposed use is located within an existing building that is currently served by city sewer and water. No
exterior modifications to the building or site are proposed. The school is approximately 19,000 square feet
and includes space for classrooms, gym/recreation, office, and cafeteria. Plans indicate that the space will be
separated from other uses within the building, which does impact suites 600 and 700. Currently, these units
utilize the bathrooms that are within the proposed school and the accessible route from the front door may
also be impacted. To ensure that these units continue to meet state building codes, staff have included a
condition that the plans for suites 600 and 700 must be updated within our building files.
As a result of the proposed plan, the established addresses of the building/tenants will no longer work. All
costs associated with potential address changes of affected tenants will be the responsibility of the property
owner and/or applicant.
The site had previously been used for a movie theater and has ample parking available to support the school
use, even at full capacity of 120 students, where 46 stalls would be required.
Applicable Regulations
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
The school will operate entirely within an existing commercial structure. No outdoor modifications or uses
are proposed. Hours of operation are consistent with other commercial uses in the area. The proposed use
will not endanger, injure, or detrimentally affect the use and enjoyment of nearby properties or the public
health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city.
Staff do not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The property is guided for Highway Business uses, which 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 as the City Council has determined that the educational use is
appropriate for the commercial district.
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.
As there are no vacant properties in the area, the site is already developed, and the proposed use does not
require changes that would limit future development options for adjacent parcels, the proposed use will not
impede the normal and orderly development and improvement of surrounding vacant or developed
properties.
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,
Page 43 of 71
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 proposed use is low-intensity and will not generate traffic inconsistent with a commercial area. Adequate
on-site parking is provided, and traffic access will not cause congestion or interfere with adjacent public
roadways. The site is adequately served by existing public facilities and services, including streets, police and
fire protection, drainage, refuse disposal, water, and sanitary sewer systems.
Staff do not see a need to impose specific conditions to satisfy this standard.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental
to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The proposed use will not involve activities, materials, or conditions of operation that would be detrimental
to persons or property due to excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. All
education activities will be conducted during normal business hours.
Staff do not see a need to impose specific conditions to satisfy this standard.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
No site work is being proposed. The proposal will not result in the destruction, loss, or damage of any
natural, scenic, or historic feature of major importance, as no site alterations or land disturbance are
proposed.
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 will comply with all applicable requirements of the City Code, including zoning regulations
permitting, subject to compliance with the conditions of approval outlined below.
Staff have included three conditions to ensure the use is permitted in the zoning district and that it does not
impact the operation of other uses within the building.
Financial Impact
None.
Mission/Policy/Goal
Reflect the culture of citizens and what is important.
Appropriately govern in an ever-changing environment.
Attachments
1. City Council Staff report dated 2-17-2026
2. Presentation
Page 44 of 71
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
7.4
Meeting Date
February 17, 2026
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment and Conditional Use Permit:
Educational Use, Good Shepherd Lutheran High
School — 630 Freeport Ave NW
Reviewed by
Jared Shepherd
Cal Portner
Jolene Richter
Action Requested
Direct staff to prepare an ordinance adding Educational Institutions as an allowed use in the MU-ERP zoning
district for consideration on March 2, 2026.
or
Direct staff to prepare a resolution making findings of fact denying the requested ordinance amendment for
consideration on March 16, 2026.
and
Continue the public hearing for the Conditional Use Permit request to March 2, 2026, as the Planning
Commission has not made a recommendation. The Planning Commission will review the application on
February 24, 2026.
Background/Discussion
The applicant, Good Shepherd Lutheran High School, has requested adoption of an ordinance amendment
that would add Educational Institutions as a conditional use in the Mixed Use Elk River Plaza (MU-ERP) zoning
district. The zoning district is a former Planned Unit Development (PUD) district that had the PUD
agreement added to city codes in 2010. The zoning district is divided into three separate areas: multifamily
residential, single-family residential, and commercial. Each of these areas are distinct in their location within
the district and act as separate districts with their own allowed uses. The proposed amendment would apply
to the commercial section as the proposed building site is within the commercial section of the MU-ERP
zoning district.
Commercial districts, especially those along major highways, support retail and commercial uses, providing
employment and economic opportunities throughout the community. Educational uses do not appear to
support the goals of commercial districts, and based on that analysis, staff do not recommend approval of the
amendment.
The associated Conditional Use Permit (CUP) application cannot be approved without the ordinance
amendment.
Page 45 of 71
Planning Commission
The Planning Commission held a public hearing on January 27, 2026. The Planning Commission discussed the
pros and cons of having a school in the commercial district. They discussed the way different commercial uses
compliment each other when located close to one another, the conflicts with tobacco and liquor sales, and
whether a school use in the district would limit allowed businesses from locating in the area.
The applicant, Melissa Lamkin, noted that she was the director of the school and believes the school would
have a positive impact on the community. She shared their growth potential in expanding from the current
enrollment of 32 students up to 120 students in the proposed space. She also noted that their goal is to
eventually own their own building and property. When asked by a commissioner about locating in a
commercial district, she stated this would be an opportunity to impact nearby businesses and learn from the
business owners.
Additionally, numerous individuals spoke in support of the school and the ordinance amendment. They believe
the school is a great benefit to the community, that it will help attract new residents, and that it may benefit
the nearby businesses by bringing more people to the area daily and providing students with places to eat near
the school. Adam Price, the building owner, also spoke in support of the application, stating that in his
opinion, the use could be classified as a religious institution which is already allowed in the district.
A nearby business owner questioned how the property tax would be calculated if a school moved into the
building. His concern was that it would reduce the taxes and create a precedent for other commercial
building owners to follow and reduce their property tax bill. He stated that in speaking with the Sherburne
County Assessor, tenants can appeal the tax class to be tax-exempt.
The Planning Commission then closed the public hearing and discussed allowing the use as an Interim Use,
rather than a Conditional Use. They noted that the current lease was for 10-years and that an IUP could be
tied to the lease. The commissioners quickly supported the idea of amending the ordinance to allow schools
as an interim use, noting that the current application was only signing a 10-year lease. Staff noted that
applicants would have the right, in the future, to apply for an amendment to an approved Interim Use Permit
(IUP), allowing expansion of the allowed space or a time extension.
The Planning Commission voted unanimously to add Educational Institutions as an Interim Use in Subzone C of
the MU-ERP zoning district. They also continued the CUP discussion to February 24, 2026, pending the City
Council's action on the ordinance amendment.
Since the Planning Commission, staff and the city attorney have discussed the action from the commission
meeting and do not believe that classifying a school as an interim use is appropriate. Conditional Use Permits
(CUPs) are for ongoing uses, like schools, business, government facilities, etc. However, Interim Use Permits
(IUPs) are used for temporary/short term needs of a specific property. Examples from past activities in the
city include temporary classroom trailers, short-term use of a single-family home for multifamily uses, parking
lots for model homes, compost sites, and home occupations. A school is generally a long-term use that should
receive the benefit of surety that a CUP provides rather than a definitive end date included with an IUP.
Staff continue to recommend denial of the ordinance amendment to allow Educational Institutions in the MU-
ERP zoning district. The city does not have a large supply of available commercial spaces and the existing
commercial areas should be preserved to provide opportunity for new and expanding commercial ventures
within the city. Additionally, while staff fully support education and want to see a variety of educational
opportunities within the community, the expected growth from the specific use may push them beyond the
current leased space and into nearby commercial spaces as they become available. Further expanding an
initially small footprint in a district that generally does not support schools is very similar to the experience
the city experienced with the growth of Spectrum School. Their use began in one building in the industrial
Page 46 of 71
park, as a temporary use until they could find their own property and building, and now occupies three
separate buildings for a total of 140,000 SF of industrial/business park space.
Recommended Action
Staff recommend denial of the ordinance amendment as the proposed use is not consistent with the
commercial district.
If the City Council supports the amendment, staff recommends allowing the use as a Conditional Use as it is
the most appropriate way to allow educational institutions in the district.
Whichever direction the City Council chooses, staff will return on March 2nd with the ordinance amendment
document or March 16 with a resolution of denial for adoption.
Finally, the CUP application is still under review. The Planning Commission did not review or discuss the CUP
specifics and continued their discussion to February 24, 2025. The City Council may not take action on that
application and in order to provide an expedient resolution for the applicant, staff recommend continuing the
public hearing to March 2, 2026.
Financial Impact
None
Mission/Policy/Goal
Ethical, efficient, and responsible.
Appropriately govern in an ever-changing environment.
Attachments
1. Planning Commission Memo dated February 24, 2026
2. Presentation
Page 47 of 71
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
5.4
Meeting Date
January 27, 2026
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment and Conditional Use Permit:
Educational Use, Good Shepherd High School - 630
Freeport Ave NW
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, denial of the proposed ordinance amendment to add Educational Institutions as an
allowed use in the MU-ERP zoning district as the use is not consistent with the goals and intended purpose of
a commercial area.
Recommend, by motion, denial of a Conditional Use Permit for an Educational Institution as it is not an
allowed use in the MU-ERP zoning district.
Background/Discussion
The applicant, Good Shepherd Lutheran High School, has requested adoption of an ordinance amendment
that would add Educational Institutions as a conditional use in the Mixed Use Elk River Plaza (MU-ERP) zoning
district. The zoning district is a former Planned Unit Development (PUD) district that had the PUD
agreement added to city codes in 2010. The zoning district is divided into three separate areas: multifamily
residential, single-family residential, and commercial. Each of these ares are distinct in their location within the
district and act as separate districts with their own allowed uses. The proposed amendment would apply to
the commercial section as the proposed building site is within the commercial section of the MU-ERP zoning
district.
Commercial districts, especially those along major highways, support retail and commercial uses, providing
employment and economic opportunities throughout the community. Educational uses do not appear to
support the goals of commercial districts, and based on that analysis, staff do not recommend approval of the
amendment.
The associated Conditional Use Permit application cannot be approved without the ordinance amendment.
If the Planning Commission supports the proposed ordinance amendment, staff requests a formal
recommendation for the ordinance amendment and continue the discussion of the Conditional Use Permit to
February 24, 2026. This will allow the City Council to act on the ordinance amendment on February 17, 2026,
and provide staff with additional time to review the CUP in more detail.
Page 48 of 71
Financial Impact
None.
Mission/Policy/Goal
Responsibly grow.
Ethical, efficient, and responsible.
Attachments
1. Location Map
2. Allowed Uses in MU-ERP District
3. MU-ERP Zoning Map
4. Applicant's Narrative
5. Building Plans dated 12-5-2025
Page 49 of 71
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Page 50 of 71
(a)
(b)
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c.
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(1)
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(2)
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Sec. 30-1584. - MU-ERP mixed use Elk River Plaza district.
Purpose. The purpose of the mixed use Elk River plaza district is to codify the planned unit
development into a single zoning district with three subsections: Commercial, single-family, and
multiple-family.
Subzone A. Multiple-family residential.
Permitted uses are as follows:
Residential, multiple family.
Residential, single family.
Townhouse, attached.
Accessory uses are as follows:
Accessory structures.
Public shelters.
Residential occupations.
Subzone B. Single-family residential.
Permitted uses are as follows:
Single-family residential.
Accessory uses are as follows:
Accessory structures.
Residential occupations.
Subzone C. Commercial.
Permitted uses are as follows:
Business and professional offices.
Class I restaurants.
Nurseries, produce markets, and garden centers, which may include outdoor display.
Outpatient health care facilities.
Personal service establishments.
Physical recreation or training.
Public parks.
Retail shops and stores.
Sale of firearms.
Zero lot line development.
Accessory uses are as follows:
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a.
b.
c.
(3)
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
Off-street parking facilities.
Off-street parking facilities.
Public shelters.
Conditional uses are as follows:
Carwashes.
Class II restaurants.
Commercial recreation, outdoor.
Commercial recreational facilities, indoor.
Dry cleaning establishment.
Enclosed light manufacturing with related retail sales.
Equipment rental businesses with no outdoor storage.
Financial institutions.
Funeral parlors.
Governmental offices.
Health care facilities, outpatient.
Licensed day care facilities.
Motor vehicle specialty shops.
Nonprofit clubs, lodges, or halls.
On-sale liquor establishments.
Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches, and other pawnshops, measured from the
property line).
Produce markets.
Religious institutions.
Sauna establishments.
Shopping centers.
Veterinary clinics.
(Ord. No. 10-08, § 1, 6-21-2010; Ord. No. 15-34, § 1, 12-21-2015; Ord. No. 16-07, § 3, 4-18-2016; Ord. No. 16-
10, § 1, 5-16-2016; Ord. No. 19-01, § 1, 1-22-2019; Ord. No. 19-12, § 1, 6-3-2019; Ord. No. 19-15, § 13, 8-19-
2019; Ord. No. 20-03, § 3, 3-16-2020; Ord. No. 23-24, § 10, 11-20-2023)
Editor's note— Section 1 of Ord. No. 10-08, adopted June 21, 2010, set out a provision designated as § 30-
1600. For stylistic purposes and at the discretion of the editor, this provision has been redesignated as § 30-
1584.
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Legal Description of Property
We are proposing the development of a new Christian high school facility designed to
support academic, spiritual, and community growth. The project includes classroom
spaces, a multi-purpose worship and assembly area, administrative offices, and
dedicated rooms for science, technology, and the arts. The proposed facility will provide
a safe, functional, and faith-centered environment for students in grades 9–12, allowing
us to expand our enrollment capacity and enhance the educational services we offer to
families in the community.
We ask that Section 30-635 of the City Municipal Code be amended to permit the
operation of a high school educational facility at 630 Freemont Ave NW, Elk River,
recognizing the school’s commitment to educational excellence, community service, and
responsible land use consistent with the City’s comprehensive plan.
A Written Narrative see Description of Project Narrative
Project Narrative – GSL High School
Detailed Description / Scope of Project:
GSL High School is a small Christian high school seeking to expand and formalize its
facility to better serve its students and the community. The project includes the use of
the existing building for educational purposes, along with interior modifications to
optimize classroom, office, and multi-purpose space usage. The goal is to provide a safe,
functional, and faith-centered learning environment for students in grades 9–12.
Proposed Project:
The proposal is to operate a private Christian high school within the existing building
footprint. The facility will include classrooms, administrative offices, and a multi-purpose
assembly/worship area.
Consistency with City of Elk River Comprehensive Plan:
The project aligns with the City of Elk River Comprehensive Plan by supporting
educational services, community development, and family-oriented uses. The school
promotes lifelong learning, civic engagement, and community values, contributing to the
social and cultural objectives outlined in the plan.
Hours of Operation:
▪ Monday–Friday: 8:30 AM – 3:00 PM
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▪ Occasional evening/weekend events for school-related activities (e.g., parent
meetings, performances, community events)
Number of Employees:
▪ 2 Full-Time Staff
▪ 5 Part-Time Staff
Parking:
▪ Existing parking: 20 stalls
▪ No additional stalls are required; current parking accommodates staff, students,
and visitors.
Site Screening:
▪ Landscaping and natural screening exist on-site.
Proposed Building Materials:
▪ Interior: Steel framing, commercial-grade flooring, acoustical ceiling tiles, and
impact-resistant surfaces for high-traffic areas
Compliance with Design Standards:
All proposed materials meet or exceed Elk River design and building code
standards, ensuring safety, durability, and an appearance compatible with
surrounding structures.
Signage:
▪ Separate permits will be obtained for each sign
▪ Proposed: 2 exterior signs identifying the school
▪ Size: To comply with city regulations
▪ Location: Front and back of the building
▪ Type: Non-illuminated channel letters as permitted
Outdoor Storage:
▪ No significant outdoor storage is planned.
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Good Shepherd High
School
Conditional Use Permit
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Location
Map
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Background
§Applicant proposes establishing a school in the MU-ERP
district.
§Educational Uses are not permitted
§Requires an ordinance amendment to add use.
§CUP requires approval of the ordinance amendment prior
to approval.
§Amendment included as condition of approval.
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Planning Commission
§Public hearing held on January 27, 2026.
§Applicant outlined their project and believes the school will
have positive impact on the community.
§The school could grow from 32 to 120 students.
§Goal is to own building and property
§Mentioned possible partnership with nearby businesses.
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Public Hearing
§Numerous people spoke in support of the school and use.
§The use would be a great benefit to the city.
§Attract new residents.
§Bring more people/traffic to nearby businesses.
§Students and staff could eat lunch nearby.
§Many statements describing how the school benefits
students.
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Public Hearing
§Nearby business owner questioned property tax
implications.
§If it reduces the taxes for a building owner, this may
create a precedent for other commercial areas.
§Public hearing was closed by the PC.
§Staff spoke with Sherburne County, and they require
building to be owned and operated by a non-profit.
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PC Action
§PC noted that the proposed lease is for 10 years and
expressed support for an IUP rather than a CUP.
§Recommended adding schools as an Interim Use.
§Staff and city attorney share concerns with IUP.
§Intended for short term or temporary solutions.
§Schools are a long-term venture and better suited for a
CUP – without an expiration date.
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City Council
§Council held a public hearing on February 17th
§Received comments from the public.
§Hearing was continued to March 2nd.
§Council did not discuss either application and will receive
additional comments at the next meeting.
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Location Map
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PC Review
§PC should review/discuss the CUP application as if it were
an allowed use in the district.
§PC has already acted on the ordinance amendment.
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Action Requested
§Staff’s analysis finds compliance with the standards for
approval, subject to the five conditions included in the
memo.
§Recommend, by motion, approval of the CUP subject to the
conditions noted in the memo.
§CC will review on March 2nd at 6:30 p.m.
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Zoning
§MU-ERP was a PUD that was codified into ordinance
§Mixed Use Elk River Plaza
§The allowed uses are separated into three subzones
§Subzone A – Multifamily Residential
§Subzone B – Single-Family Residential
§Subzone C – Commercial
§Ordinance amendment would impact subzone C.
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Amendment
§Area is guided for commercial uses
§Support jobs, retail, and service-related uses
§Shops, restaurants, offices, medical, bank, etc.
§Growth may require additional space in the future.
§Educational (school) related use is not compatible with the
goals of the district.
§Educational uses are generally allowed in residential
districts.
§Change does not support goals of the district.
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