2.1. SR 11-22-2004
Item #LL
MEMORANDUM
TO:
Mayor and City Council
Chris Leeseberg, Planner It:
DATE: November 22, 2004
FROM:
SUBJECT: Case No. CU 04-30
Request by Roth Development to Construct a US Bank
Request
The City Council tabled tbe request by Rotb Development for one week so tbe Brentwood
residents could have more time to gatber tbeir tboughts and provide some solutions to tbe
concerns noted in tbe Brentwood Owners United letter dated November 15, 2005. Staff did
not receive any comments from tbe residents; however, we understand tbat tbey have been
working witb tbe developer on tbeir issues. Any additional information received will be
distributed at Monday's meeting.
Recommendation
Staff recommends tbe City Council approve tbe request for a Conditional Use Permit to
construct a US Bank building, as presented at tbe November 15, 2004 City Council meeting,
witb tbe following conditions:
1. All comments of the City Engineer shall be addressed.
2. Construction traffic shall not be allowed to access the site from 197'" Avenue.
3. Only one sanitary sewer service shall be allowed.
4. If there is to be an expansion of the either the bnilding or the parking lot, the
applicant shall apply for an amendment to the conditional use permit.
5. Signage shall be required at the entrance for the drive-thru indicating that it is
"drive-thm traffic only."
6. Site, building and sign lighting shall meet all Elk Ridge Center Development
Design Standards and ordinance requirements.
7. An individual monument sign for the tenant shall not be allowed.
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Item # 2.1.
Supplemental Memo
MEMORANDUM
FROM:
Mayor and City Council
Michele MCPherso~::tor of Planning
TO:
DATE:
November 22, 2004
SUBJECT:
Update Information Regarding US Bank
John Hempel, representing Hempel Properties, property owner of Elk Ridge Center, has been
coordinating conversations between the residents and US Bank regarding their issues. Staff has
also received intermittent requests for additional infonnation regarding the development, which
we have provided the Brentwood Owners United. Recent responses by Mr. Hempel and a
secondary letter from BOU are attached. From the current letter, it appears that issues with US
Bank have been resolved. .
The neighborhood, however, continues to have issues with the overall development, specifically
as they relate to traffic. The City Engineer will respond to any issues the Council may have
regarding the traffic issues raised in the most recent BOU correspondence.
The US Bank proposal complies with the approved Elk Ridge Center plan, the design guidelines,
as well as the City's general ordinance requirements. Staff, therefore recommends that the City
Council approve the US Bank proposal with the amended conditions noted below:
1. All comments of the City Engineer shall be addressed.
2. Construction traffic shall not be allowed to access the site from 197'" Avenue.
3. Only one sanitary sewer service shall be allowed.
4. If there is to be an expansion of the either the building or the parking lot, the
applicant shall apply for an amendment to the conditional use permit.
5. Signage shall be required at the entrance for the drive-thru indicating that it is
"drive-thru traffic only."
6. The landscape plan shall be amended to add six additional trees along 197'h
Avenue for screening pw;poses. The trees may be evergreen or deciduous or a
combination thereof.
7. Site, building and sign lighting shall meet all Elk Ridge Center Development
Design Standards and ordinance requirements. Lighting standards in the
parking lot shall not exceed 20 feet in height.
8. An individual monument sign for the tenant shall not be allowed.
Brentwood Owners United
19757 Irving Street
Elk River, MN 55330
November 22,2004
Mayor Stephanie Klinzing and the City Council of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Klinzing and City Council Members:
One week ago, several property owners in Brentwood addressed you during a public hearing
regarding CU-04-30, Request by Roth Development to Construct a US Bank. We asked for
additional time to review documents and communicate with the new owner of Outlot-A. Per
your request, we are providing our comments in writing for tonight's meeting.
On a positive note, we have come to several agreements regarding landscaping: the evergreens
around the bank will be at least 8 feet in height, they will be more densely planted, and the bank
has agreed to put in "up to 6" additional 2-1/2" diameter Autumn Blaze Maples. While we do
not agree with the language of that proposal ("up to 6" could mean 0), we believe that 6
additional maples would be acceptable. With the additional size and numbers of trees, we
believe that our concerns regarding lighting and signage will be lessened.
That being said, several areas of concern continue:
The traffic analysis (completed by SRF Consulting Group) is flawed in the following ways:
1) It does not take into account the change in traffic patterns from 193rd to 197'h (see note
under traffic speed and safety below).
2) It assumes an unsignalized intersection at I 97th/lrving/Holt (see Table 2 and the note
beneath it), but at the Planning Commission public hearing on November 9, 2004, City
Engineer Terry Maurer assured us that, once Holt is open, a four-way stop will be located
at that comer. With the traffic study recommending no left-turn lane from I 97'h onto
Holt, and with the promised 4-way stop, that intersection could potentially back up to 169
with left-turning, right-turning, and straight-going traffic all stopping at the intersection.
(Note that there is only one west-bound lane on 197th.)
3) In Table 1, the study used "Fast Food wi Drive thru Window" as one of the
developments. As this is not a possibility in this development (according to the original
PUD public hearing, the two PUD restaurants must be of the type where customers are
seated and then order), it never should have been included in the study. While this does
not negate the study (a fast food establishment would likely generate more traffic than a
sit down restaurant), it is symptomatic of the communication problems which have
plagued this project; if that type of restaurant were prohibited in the development, then
the developers should have communicated that information to SRF Consulting Group.
Additionally, changing the restaurant type will likely change the "multi-use trip
reduction" estimates as a "better" restaurant would more likely be a single destination of
a couple or family.
4) When the study was reviewed to consider the possible US Bank addition (memo dated
November 18,2004), the same flawed analysis was used.
Brentwood Owners United, 1
Leeseberg, Chris
From:
Sent:
To:
Subject:
Antonio Luciano [antonioluciano@cs.com]
Friday, November 19, 20044:19 PM
Chris leeseberg
Fw: HP comments to SOU letter
~
SOU Document to
Hempel Propert...
Antonio,
At your request I have inserted our comments and suggested changes to the submitted plans
for the US Bank outlot in Elk Ridge Center. Please call me to review if you have any
questions.
Jon
Jon Hempel
President
Hempel Properties, Inc.
4205 Lancaster Lane North Suite 105
Plymouth, MN 55441
763-398-4226 Direct
763-383-1100 Main
763-383-1800 Fax
jhernpel@hernpelproperties.com <mailto:jhempel@hempelproperties.com>
www.hernpelproperties.com <http://www.hempelproperties.com>
From: Antonio Luciano [mailto:antonioluciano@cs.com]
Sent: Tuesday, November 16, 2004 6:01 PM
To: Jon Hempel
Cc: Gary Werbowskii Josh Krsnaki Brian jenson (E-mail); Leanne Brown; Mari Larson; Rolfe
1
Jon Hempel of Hempel Properties has responded to the items below in red text on 11-17-
04.
Brentwood Owners United
November 16, 2004
From: Brentwood Owners United
To: Jon Hempel; Hempel Properties & Morcon Construction
Re: Elk Ridge Development Conditional Use Permit
Cc:
II. Substantive Concerns.
BOU has four main concerns with the US Bank Proposal- traffic, landscaping,
signage and lighting. In all four cases BOU believes that the Elk River City Code
requires the City Council to place conditions on any CUP issued. Elk River City Code
section 30-654 provides that "the council shall order the issuance of [a conditional use]
permit only ifit finds that such use at the proposed location: (1) Will not. . .
detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the. . . safety. . . convenience or general welfare of the neighborhood or the city."
(Emphasis added.) In this case, BOU believes that the City Council can only find that the
current US Bank Proposal will detrimentally affect the use and enjoyment of neighbors in
the vicinity, and the safety, convenience and general welfare ofBrentwood and Elk
River.
A. Traffic Problems.
The proposed road configuration is detrimental to Brentwood, not optimal for the
overall Outlot A development and contrary to the general welfare of Elk River. The
current proposal routes Outlot A traffic onto 197th and into Brentwood itself before taking
a left turn onto a newly extended Holt and into Outlot A. This is a problem for
Brentwood residents as 197'h is currently Brentwood's only viable route for ingress and
egress. By combining Outlot A traffic with Brentwood residential traffic, the current
proposal will create congestion for Brentwood residents and Outlot A patrons alike.
Further, the heavy traffic trom Outlot A patrons is incompatible with the otheIWise quiet
Brentwood neighborhood.
The Elk River City Code provides that"[i]n approving a conditional use permit,
the council may impose such specific conditions with regard to the development or
operation ofthe proposed use as it considers necessary to satisfY the [CUP standards] and
. . . to promote compatibility with and minimize any potentially adverse effects upon
adjacent properties, the neighborhood or the city." Code 9 30-655. Conditions imposed
November 22, 2004
Page 2
"may include, without limitation, requirements relating to the following: (1) Ingress and
egress to the property and proposed structures with particular reference to vehicle and
pedestrian safety and convenience, traffic flow and control and access in case of fire or
other catastrophes." (Id.)
In this case, because the proposed road configuration will have a detrimental
affect on the use and enjoyment of neighboring property and will cause inconvenience
and potentially unsafe conditions for both the neighborhood and the City, BOU suggests
that the City Council condition its approval of the US Bank Proposal on a reconfiguration
ofthe proposed road connection from 197'h to the US Bank property.
BOU recognizes that work has already begun on the proposed road configuration.
However, there is no better time to correct a mistake than before it is made. BOU
understands that the US Bank proposal is only the first of many proposals for Outlot A.
If the US Bank proposal does not itself overwhelm the proposed 197'h/Holt intersection,
the combined traffic from these many proposals will. It will be less expensive to correct
the proposed Outlot A entrance now than it will be in the future, once the road is done
and the buildings are in place. The Council should condition its approval of this CUP on
a reconfiguration of the traffic proposal.
Even if the City contemplates going forward with the current road configuration,
more study must be done before a CUP is granted. The Elk Ridge Center developers
base their current proposed road configuration on an already outdated traffic analysis.
The traffic analysis was based upon a 3,600 square foot building at the US Bank site.
The current US Bank proposal is for a 2,940 square foot building with room for a 3,060
square foot expansion - a total of 6,000 square feet. Even according to the outdated
traffic analysis there would be 60 left hand turns into the site (and thus, from 197th onto
Holt as well) in the peak p.m. hour. There has been no analysis of the number of left
hand turns involved with a 6,000 square foot building. Add in the remaining
development to be done in Outlot A and the problems at the proposed 197'h and Holt
intersection become obvious. At the very least, the Council should grant a CUP only on
condition that the developers do a realistic traffic analysis and work with Elk River City
Engineering to develop a workable traffic plan before beginning construction. There is
just too much at stake to proceed on a guess-work basis.
Hempel Properties, our design team, and the City of Elk River have spent a great amount
of time and effort in the overall design of Elk Ridge Center. We feel the end result is an
appropriate and architecturally stimulating design with the best potential for success on
the site, thereby putting the land to work in its highest and best use.
November 22, 2004
Page 3
I appreciate the groups concerns and welcome any comments on our overall
development. In specific response to the concerns over the road design and traffic counts
for the development, I offer the following comments. The road design was very carefully
thought through and represents an overall design which accommodates the best of safety,
throughput, efficiency, aesthetics, practicality and affordability. As it relates to traffic
counts, there was a very extensive traffic study completed by SRF Consultants dated
January 2,2004. The report was also recently updated on October 22,2004, with the
change in square footage of the USBank building. The original report and the updated
report both show the design of the roadway system to meet or exceed all required levels
as it relates to trip ~eneration estimates and peak hour capacities for the intersections at
I 97th and 169, 197' and Holt/Irving, 193rd and 169, and 194th and Holt, and Jackson and
Holt Street.
Following the Mayors and council members lead from Monday night's council meeting, I
agree with them that the current design is quite adequate as designed, and now built, and
will function to serve the needs of the residents, businesses, and business customers of
both the Brentwood Addition and Elk Ridge Center.
I would like to offer to you and the other BOU residents that if you have any other
general development questions please feel free to call me or send me an email or fax. We
want to keep you informed as best we can during the entire project and want you to feel
like we are enhancing OUR community with this project.
B. Landscaping Problems.
BOU is concerned with the proposed landscaping plan for the US Bank site. The
landscaping plan attached to Chris Leeseberg's November 15, 2004 memorandum calls
for a 2 Yz" maple every 40' along I 97th Avenue. This is inadequate. The boulevard
between the proposed US Bank site and I 97th is the primary area dividing the Brentwood
neighborhood from the US Bank development. Mature arborvitae line 197th A venue on
the other side of the street. Similar trees along the US Bank site boulevard would better
blend with the neighborhood while at the same time shielding the neighbors from the site.
In order to fit into the neighborhood and to shield the neighborhood from traffic, noise,
light and headlights emanating from the US Bank site, mature and more densely planted
evergreen-type trees or a raised and tasteful wall are needed.
The Council may condition its approval of this CUP with requirements relating to
"fencing, screening landscaping or other facilities to protect adjacent or nearby property."
(Elk River City Code 9 30-655 (5).) In order to shield the Brentwood neighborhood from
November 22, 2004
Page 4
the increased traffic, noise, light and headlights that will emanate trom the US Bank site,
the Council should approve this CUP only on condition that: (1) more mature evergreens
are planted in a density compatible with the neighborhood, or (2) a tasteful wall is added
along 197th.
Based on the comments of both staff and your group, USBank has proposed to plant 2.5"
diameter maple trees along 1971h as well as increase the size of the evergreen species to
an 8' tall product. I have included for your information comments from our landscape
architect regarding the species and size of the trees. I think you will find their comments
enlightening:
Per Bryan HaJjes - Hoisington Koegler Group, Inc. Elk Ridge Center Landscape
Architect
1. Tree size: The University of Minnesota has conducted various studies on the issue of
caliper inch and growth rate and have found that smaller caliper installations (1" - 2")
frequently surpass larger caliper inches (3"-5") by the typically the third growing season.
Much of this is due to planting shock, trees of the larger size are at greater risk because
their root structure is more established, where as smaller trees are still forming the root
structure and are more easily to adapt to the newly installed site.
2. Tree type (Maples): The landscape plan calls for Autumn Blaze Maples. Essentially
these trees are a hybrid species, taking the strength and hardiness, as well as the brilliant
fall color of Sugar Maples with the rapid growth of Silver Maples. This tree has a deep
root structure and is seedless.
I feel based on the comments of the landscape architect we should leave the trunk
diameter at no larger than 2.5".
USBank has also agreed to space the trees along 1971h slightly closer, but they need to not
be too close as to infringe on their ability to grow over the long term. USBank has
offered that they will install up to 6 additional maple trees.
In regards to a 'tasteful' wall, we feel any type of wall would not be appropriate with the
addition of the extra trees.
November 22, 2004
Page 5
c. Signage.
The current landscape plan calls for a monument sign in tront of the banle Elk
River City Staff have already indicated that this is a problem as the previously approved
development plan and the Elk Ridge Center Development Design Standards provide for
three shared monument signs for all of Outlot A. BOU shares Staff's concerns in this
regard and would ask that no permit be issued without a requirement that no individual
monument sign be allowed at the US Bank site.
USBank has agreed with both your group and staff to not pursue the approval for a
separate monument sign on their site.
D. Lighting.
As staff has also pointed out, the current site plan contains no indication of
lighting for the parking lot. BOU does not believe a CUP should be issued without an
understanding of the developer's intentions with regard to lighting. Brentwood has no
street lights and has long been an area that has valued the night sky. Inappropriate
lighting in the Outlot A development could have a significant impact upon this important
Brentwood feature. In addition, immediate neighbors could be significantly impacted by
inappropriate lighting emanating trom the US Bank site into their houses or yards. The
City Council should not approve this CUP without a complete understanding ofthe
lighting plan. This is another area where it becomes clear that this CUP is not ready for
approval. Only after a complete plan has been presented with full opportunity for public
comment is the issuance of a CUP appropriate.
The lighting design which USBank has incorporated in their design will meet all
applicable City of Elk River standards for light infiltration or pollution beyond the site
boundary. Typical design standards ask for the light level to not exceed .5 foot candles at
the property line. USBank's design will be within the City of Elk River's design
parameters. I have also inserted several pictures from one of their recently completed
projects showing the type and height of the light poles they use. The light pole is
between 18-20 feet high.
November 22, 2004
Page 6
November 22, 2004
Page 7