RES 26-46liver
City of Elk River
City Council
Resolution 26-46
A Resolution of the City Council of the City of Elk River Denying the Request for an Ordinance
Amendment to add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and
Removing Limitations on Warehouse Space in the Business Park Zoning District
WHEREAS, Jessica Houlihan, Onyx Strategic Partners, ("Applicant"), has applied ("Application") for an
Ordinance Amendment (Case No. OA 26-03) to add Wholesale and Indoor Commercial Dog Kennels as
Permitted Uses and Removing Limitations on Warehouse Space in the Business Park zoning district; and
WHEREAS, the record in this matter shall include all of the materials submitted to the Planning
Commission and City Council in connection with the April 27, 2026, Ordinance Amendment Application;
including the staff reports and all attachments thereto, all other written materials submitted to the
Planning Commission and City Council, and all staff presentations and other testimony taken at the
oublic meetings considering the Application for the Ordinance Amendment, all of which is incorporated
.n and made a part of the findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on May 26, 2026, to receive testimony and
evidence from city staff, the Applicant and any other persons regarding the Application; and
WHEREAS, the Planning Commission recommended denial of the Application; and
WHEREAS, the City Council held a public hearing on June 15, 2026, to receive testimony and evidence
from city staff, the Applicant and any other persons regarding whether the Application should be
approved; and
WHEREAS, the Applicant and all others wishing to speak were given numerous opportunities to
present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its June 15, 2026, public hearing on the Applicant's
Application, directed staff to prepare a resolution making findings of fact denying the Application as the
use is not consistent with the city's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows:
the City Council of the City of Elk River makes the following findings of fact and decision with respect to
the Application by Jessica Houlihan, Onyx Strategic Partners, for an ordinance amendment to add
Nholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on
Warehouse Space in the Business Park zoning district.
FINDINGS OF FACT
1. On April 27, 2026, the Applicant submitted an Ordinance Amendment application, Case No. OA 2F
03. The application was deemed complete and scheduled for review by the Planning Commission
and City Council.
2. Ordinance Amendments relating to land use and zoning are reviewed by the Planning Commission
and City Council and are evaluated based on consistency with the guidance in the Comprehensive
Plan.
3. The Planning Commission reviewed the Application on May 26, 2026, and voted 5-0
recommending denial of the Application as the proposal was not consistent with the
Comprehensive Plan's guidance for Industrial uses.
4. On June 15, 2026, the City Council reviewed the Application, and received additional testimony
from the applicant.
5. The City Council concurs with the Planning Commission's recommendation and, based on the
record generated in these proceedings, makes the following findings of fact related to the
Ordinance Amendment application:
a. Wholesale Uses, Indoor Commercial Dog Kennels, and Removing Limitations on Warehouse
Space are not consistent with the Comprehensive Plan's guidance for Industrial uses in the
Business Park zoning district.
6. Taking into consideration all the testimony and evidence received, the City Council finds that the
Applicant has not established that it has met the requirements for approval of an Ordinance
Amendment and that it would not be in the public interest to approve the Application.
DECISION
Therefore, the City Council of the City of Elk River denies the Application for an ordinance amendment to
add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on
Warehouse Space in the Business Park Zoning District, based on the findings of fact set forth above.
Passed and adopted this 6th day of July 2026.
ljoi.M y r
ATTEST:
Justin Au7Vrcl, Cit Clerk
EXHIBIT B
CONDITIONS OF APPROVAL
1. Council approval of a Development agreement outlining the responsibilities of the
developer.
2. The applicant must receive final approval of all state and federal wetland permits and
applications prior to recording.
3. The Water availability Charge shall be paid in the amount required by the city, when the
final plat is released for recording.
4. A Letter of Credit shall be provided to the cite equal to 100% of the costs of the public
improvements.
5. Upon completion of all improvements and acceptance by the city, a security or warranty
in a form acceptable to the Public Works Director shall be secured.
6. The Development Plan shall be approved by the city's Engineering Department prior to
issuance of building permits.
7. Staff approval of all site, civil, and landscaping plans.
8. all mailboxes shall be clustered.
9. Park Dedication requirements must be consistent with the preliminary plat approval.
10. Any item or condition found that indicates the site is likely to yield information important
to pre -history or history shall be reported to the city immediately. Further, the city
reserves the right to stop work authorized in its approval until the site is appropriately
investigated and work is authorized.
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EXHIBIT A
LEGAL DESCRIPTION
Oudot B, Outlot C, and Oudot I, Bradford Park Second Addition, according to the recorded
plat thereof, City of Elk River, Sherburne County, Minnesota. (Document No. 978489)
AND
All that part of the Southwest Quarter of the Southeast Quarter; that part of the North Half
of the Southwest Quarter; and that part of the Northwest Quarter of the Southeast Quarter,
all in Section 36, Township 33 North, Range 26 West, Sherburne County, Minnesota,
described as follows:
Commencing at the West Quarter corner of said Section 36; thence South 00 degrees 22
minutes 24 seconds East (assumed bearing) on the west line of said Southwest Quarter,
1335.49 feet to the southwest corner of the North Half of the Southwest Quarter of said
Section 36; thence South 89 degrees 28 minutes 17 seconds East on the south line of said
North Half of the Southwest Quarter, 1468.83 feet to the point of beginning; thence North
50 degrees 06 minutes 29 seconds East, 991.35 feet; thence North 14 degrees 42 minutes 36
seconds West, 74.04 feet; thence North 05 degrees 51 minutes 31 seconds East, 60.19 feet;
thence North 25 degrees 55 minutes 59 seconds East, 70.86 feet; thence North 47 degrees
39 minutes 33 seconds East, 70.86 feet; thence North 66 degrees 05 minutes 28 seconds
East, 49.53 feet; thence North 80 degrees 58 minutes 12 seconds East, 172.95 feet; thence
North 46 degrees 50 minutes 25 seconds East, 384.21 feet; thence North 49 degrees 59
minutes 38 seconds East, 40.52 feet; thence North 54 degrees 22 minutes 31 seconds East,
40.52 feet; thence North 58 degrees 45 minutes 24 seconds East, 40.52 feet; thence North 63
degrees 08 minutes 17 seconds East, 40.52 feet; thence South 24 degrees 40 minutes 16
seconds East, 190.00 feet; thence northeasterly 25.08 feet on a 340.00 foot radius curve,
concave to the southeast, not tangent to previous line, having a central angle of 04 degrees
13 minutes 38 seconds and a 25.08 foot chord that bears North 67 degrees 26 minutes 33
seconds East; thence North 69 degrees 33 minutes 22 seconds East, 40.74 feet; thence South
20 degrees 26 minutes 38 seconds East, 94.24 feet; thence South 15 degrees 58 minutes 16
seconds East, 35.87 feet; thence North 69 degrees 33 minutes 22 seconds East, 132.57 feet;
thence South 64 degrees 09 minutes 06 seconds East, 44.65 feet to a point on the west line
of the East 660 feet of said Northwest Quarter of the Southeast Quarter; thence South 00
degrees 10 minutes 01 seconds East on said west line, 660.08 feet to a point on the south
line of the North 936 feet of said Northwest Quarter of the Southeast Quarter; thence South
89 degrees 18 minutes 10 seconds East on said south line, 610.07 feet to a point on the west
line of said Sherburne County Right of Way Plat No. 30; thence South 00 degrees 10
minutes 01 seconds East on said west line, 1347.63 feet; thence South 50 degrees 16 minutes
39 seconds West on said west line, 127.31 feet to a point on the north line of Sherburne
County Right of Way Plat No. 7, according to the recorded plat thereof; thence westerly
341.18 feet on said north line and on a 1161.35 foot radius curve, concave to the south,
having a central angle of 16 degrees 49 minutes 56 seconds and a 339.96 foot chord that
bears South 89 degrees 51 minutes 37 seconds West to a point on the east line of the West
825 feet of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21
minutes 48 seconds West on said east line, 320.65 feet to a point on the north line of the
South 600 feet of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees
P 0 1 E I E I 1 1
I"-i'ATURE
37 minutes 53 seconds West on said north line, 825.07 feet to a point on the west line of said
Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21 minutes 48
seconds West on said west line, 727.71 feet to the southeast corner of the North Half of the
Southwest Quarter of said Section 36; thence North 89 degrees 28 minutes 17 seconds West
on the south line of said North Half of the Southwest Quarter, 1156.62 feet to the point of
beginning.
AND
All that part of the Southwest Quarter of the Southeast Quarter, Section 36, Township 33
North, Range 26 West, Sherburne County, Minnesota, lying south of Sherburne County
Right of Way Plat No. 7, according to the recorded plat thereof, except the West 825 feet of
the North 550 feet of the South 600 feet of said Southwest Quarter of the Southeast
Quarter.
Parcel contains 63.18 acres.
pI/EIEI 11
NATURE