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09-01-2026 PC MIN Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, September 1, 2026 Members Present: Acting Chair Dennis Booth, Commissioner Robert Rydberg, Commissioner James Lang, and Commissioner Anthony Kaba Members Absent: Chair Perry Beise, Commissioner Eric Johnson, and Councilmember Jennifer Wagner 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 Rydberg and seconded by Commissioner Lang to approve the agenda. Motion carried 4-0. 4. CONSIDER MINUTES Moved by Commissioner Rydberg and seconded by Commissioner Kaba to approve the following consent items as outlined in their respective staff reports. Motion carried 4-0. 4.1 DRAFT Minutes - July 28, 2026 5. PUBLIC HEARINGS 5.1 Ordinance Amendment and Interim Use Permit: Educational Institution in the MU-ERP District, Good Shepherd Lutheran High School - 630 Freeport Ave NW The staff report was presented. Acting Chair Booth opened the public hearing. Melissa Lamkin, Director at Good Shepherd Lutheran High School, 16797 County Rd 83, Big Lake, stated she was available if the Commission had any questions. Acting Chair Booth closed the public hearing. Planning Commission Minutes September 1, 2026 --------- Page 2 of 4 Moved by Commissioner Rydberg and seconded by Commissioner Lang to recommend approval of an ordinance amendment allowing Educational Institutions as an Interim Use in the MU-ERP zoning district. Motion carried 4-0. Moved by Commissioner Rydberg and seconded by Commissioner Lang to recommend approval of an Interim Use Permit for Good Shepherd Lutheran High School, subject to the following conditions: 1. The City Council must adopt an ordinance adding Educational Institutions as an Interim Use in the MU-ERP zoning district. 2. The IUP will expire when Good Shepherd Lutheran High School ends operation at the approved location. 3. Any expansion of the approved use or transfer to another user group for the same use will require city approval of a new IUP. 4. Architectural plans will need to be reviewed by the MN Department of Labor and Industry prior to submitting for city building permits. 5. All costs associated with potential address changes of affected tenants will be the responsibility of the property owner and/or applicant. Motion carried 4-0. The item will go to the September 21, 2026 City Council meeting for consideration. 5.2 Zone Change: Amend Zoning for Selected Parcels from Light Industrial (I-1) to Central Business District (C-1) The staff report was presented. Commissioner Rydberg questioned if the land use should change rather than the zone. He stated that Meadowvale Elementary School provided a "buffer". Mr. Carlton explained that there needs to be consistency between the land use and zoning. Without compliance, a Conditional Use Permit or other land use action could be approved. Acting Chair Booth opened the public hearing. Craig Hardie, attorney at Larkin Hoffman representing Chambers Investment, 12785 Elk Lake Rd, requested the commission recommend denial of the zone change, preferring that the land use change. Attorney Hardie stated the site has been listed for sale and is more marketable as light industrial use than C-1. Commissioner Rydberg asked Attorney Hardie about his statement regarding spot zoning. Attorney Hardie explained that creating an "island" of nonconforming uses between different zones could be construed as spot zoning. Mike Chambers, owner of 12785 Elk Lake Rd, stated the land has been used as light industrial for almost 40 years and there have been no conflicts with the surrounding properties. He outlined the natural buffers of the wetland and school soccer fields. Mr. Chambers stated that changing the zone to Planning Commission Minutes September 1, 2026 --------- Page 3 of 4 C-1 would create more traffic. He outlined the process of attempting to sell his property, stating that several buyers have been interested but changed their minds when they learned it was not guided industrial. Ryan Hardin, Hardin Companies real estate broker representing 12785 Elk Lake Rd, stated that a zone change to C-1 would have a negative impact on the potential use and land value. Attorney Hardie discussed the request to change the zone to C-3, stating that neither C-3 nor C-1 perfectly align, but C-3 has a greater ability to establish pseudo-industrial uses. Acting Chair Booth closed the public hearing. Mr. Carlton commented on the spot zoning reference, stating staff disagree with this designation. He stated the city is looking to transition from lower to higher intensity of uses, and that a neighborhood commercial designation accomplishes this. Mr. Carlton stated that, although there have not been any issues with the previous use of the property, the city must look at what is allowed when they leave. Land use and zoning are tools used to guide the future uses towards what fits the currens development patterns. Commissioner Lang asked about the process to change the land use rather than the zone. Mr. Leeseberg stated the Commission could postpone or deny the current application or the application could be withdrawn and staff would start over with a land use application. Mr. Leeseberg added that whether the land use was changed to C-1 or C-3, the current use would not be permitted based on the existing Land Use designation. Moved by Commissioner Rydberg and seconded by Commissioner Kaba to recommend denial of the proposed zone change from Light Industrial (I-1) to Central Business District (C-1), establishing compliance with the adopted Comprehensive Plan. Motion carried 4-0. The Commission was in favor of changing the Land Use rather than the Zone. The item will be discussed at the September 21, 2026, City Council meeting. 5.3 Ordinance Amendment: Cottage Food Exemption to the Residential Occupation Standards The staff report was presented. Acting Chair Booth opened the public hearing. There being no one to speak to this matter, Acting Chair Booth closed the public hearing. Commissioner Kaba asked about traffic and parking. Commissioner Lang added that Cottage Food is direct to consumer and limited on revenue. Mr. Leeseberg stated that the ordinance would not limit the number of cars allowed. Moved by Commissioner Lang and seconded by Commissioner Kaba to recommend approval of the ordinance amendment allowing cottage food sales as a residential occupation. Motion carried 4-0. 6. GENERAL BUSINESS Planning Commission Minutes September 1, 2026 --------- Page 4 of 4 There was no general business. 7. COUNCIL LIAISON UPDATES There was no council liaison update. 8. MOTION TO ADJOURN Moved by Commissioner Rydberg and seconded by Commissioner Lang to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:20 p.m. Minutes prepared by Katie Porath. __________________ Perry Beise, Chair ______________________ Justin Dunford, City Clerk