7.4 SR 09-16-2024City of
Elk -
River
To
City Council
Meeting Date
September 16, 2024
Item Description
Conditional Use Permit and Platted Exemption
Resolution 24-53: Vehicle Sales and Service, 17094
Vance St NW - Cornerstone KIA
Request for Action
Item Number
7.4
Prepared By
Zack Carlton, Community Development Director
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-53 approving the plat of Jabez Fourth Addition, subject to the condition that
the boundary line adjustment (P 24-08) is recorded prior to the plat.
Approve, by motion, the Conditional Use Permit authorizing the expansion of an existing vehicle sale and
service operation (Cornerstone Kia), with the following conditions:
The platted exemption (Case No. P 24-09) must be approved by the Elk River City Council and
recorded with Sherburne County.
2. Staff approval of all construction plans.
Approval of an encroachment agreement, authorizing the proposed parking lot expansion to cross
existing drainage and utility easements.
5. Address any comments provided by MnDOT.
Background/Discussion
Cornerstone Kia, first approved in 2014 (Case No. CU 14-01) proposes an addition to their parking lot. The
addition is considered an expansion of their existing vehicle sales and service operation and requires a
Conditional Use Permit (CUP) approval.
Expansion of the parking lot requires two different property actions to ensure the vehicle sales operation
occurs on one parcel. First, existing lot lines on the former Ebner's Bait site need to be adjusted to create a
parcel that will be combined with the Kia lot. This is a boundary line adjustment that does not require action
from the City Council.
The second application, a Subdivision Exception, combines the platted Cornerstone Kia parcel with a portion
of the new parcel on the Ebner's Bait property. This action requires approval by the City Council, but as no
new lots are being created, a public hearing is not required.
Site plans include a parking lot, which adds 31 new parking stalls, and a stormwater pond to accommodate the
The Elk River Vision
A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T
engagement that encourages and inspires prosperity JNM 381
additional impervious surface. The property is zoned FAST Subzone (H) and guided for Highway Business uses
by the Comprehensive Plan.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Support the growth and development of the community.
Attachments
I . PC Staff Report 08-27-2024
2. MnDOT Comments
3. Platted Exemption Resolution
4. CUP Recording Document
Page 116 of 381
City of
Elk
River
To
Planning Commission
Meeting Date
August 27, 2024
Request for Action
Item Number
5.3
Prepared By
Zack Carlton, Community Development Director
Item Description Reviewed by
Conditional Use Permit: Vehicle Sales and Service, Chris Leeseberg
17094 Vance St NW - Cornerstone KIA Parking Lot
Expansion
Action Requested
Recommend, by motion, approval of the Conditional Use Permit authorizing expansion of an existing vehicles
sales and service operation (Cornerstone Kia), with the following conditions:
I . The boundary line adjustment (Case No. P 24-08) must be approved and recorded.
2. The platted exemption (Case No. P 24-09) must be approved by the Elk River City Council and
recorded with Sherburne County.
3. Staff approval of all construction plans.
4. Approval of an encroachment agreement, authorizing the proposed parking lot expansion to cross
existing drainage and utility easements.
5. Address any comments provided by MnDOT.
Background/Discussion
Cornerstone Kia, first approved in 2014 (Case No. CU 14-01), proposes an addition to their parking lot. The
addition is considered an expansion of their existing vehicle sales and service operations and requires approval
of a Conditional Use Permit (CUP).
Expansion of the parking lot requires two different land use actions to ensure the vehicle sales operation
occurs on one parcel. These land use actions do not require a recommendation from the Planning
Commission. The second application, Subdivision Exception, combines the platted lot where the dealership
currently sits with a portion of the parcel to the south that had been part of the Ebner's Bait operation and
requires council approval.
Site plans include a parking lot, which adds 31 new parking stalls, and a stormwater pond to accommodate the
additional impervious surface. The property is zoned FAST Subzone (H) and guided for Highway Business uses
by the Comprehensive Plan.
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 Elk River Vision
A at elcorrrtng eaarrtrrarni u th teaalartionary and e st7ted res0uleefia]tless, excehtiotaad service, and cwretaramn - p p 1 E R E Q 8
en
gagearrent that encourages attrl irrsizresraeri INAZURd381
the public health, safety, morals, comfort convenience or general welfare of the neighborhood or the city.
The property abuts Highway 10 and other commercial and industrial uses. The parcel to the south had
included a retail operation, Ebner's Bait, but that has since closed. The small expansion to an existing
automobile dealership will not detrimentally affect nearby parcels.
Staff do not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The Comprehensive Plan guides the property for Highway Commercial uses. This classification also applies
the surrounding properties.
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.The
property to the south is guided for commercial uses, but currently operates as a legal non -conforming
residential operation.
This proposal, being a relatively small expansion to an existing operation, will not impede the development of
surrounding vacant property.
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,
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 subject site is adequately served by public facilities and will not have a detrimental effect on surrounding
properties or public thoroughfares. There is a buried stormwater pipe within a drainage and utility easement
south of the existing Kia parking lot. The applicant does not propose relocating that pipe and has requested
approval of an encroachment agreement to allow the easement and pipe to remain in place.
Additionally, as this property abuts State Highway 10, Mn DOT is preparing comments to address any
concerns they may have with the project.
Staff included conditions requiring approval of an encroachment agreement and satisfaction of any comments
from MnDOT prior to recording the CUP.
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any person or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The additional use involves cars parked for display and sale in support of an existing automobile dealership.
Runoff from the additional hardcover will be treated by the new stormwater pond. The proposed use will not
detrimentally affect surrounding properties.
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.
There are no natural, scenic or historic features of major importance on the subject parcel.
Staff do not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
The use 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.
Page 118 of 381
Staff do not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or
a report stating how the proposed use does not comply with the standards set forth in Section 30-654.
In the review of the standards for CUP as ❑utlined, it appears that the request is consistent with all of these
standards.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
I. Location Map
2. Applicant's Narrative
3. Construction Plans
4. Plat of Jabez Fourth Addition
Page 119 of 381
t r .
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I
Ll
Project Location Map
Cornerstone
Plat
Conclitiollal Use Perfllit
Case No: P 24-08) P ?4-09, C-U 24-13
Page 120 of 381
Corn erstone Auto has purchased property next to our KIA dealership that is owned by Ron Ebner. Ron is
going to remain in his residence until next year, however KIA has an immediate need for additional
parking.
To create this parking, the lot Ron's house sets on will be rearranged to add property to KIA's lot, making
room for about 30 additional stalls. Our proposed plat is to add this land to KIA's parcel. To access this
new parking we are asking to encroach on the easement in the southwest corner of KIA's lot the width of
a driveway.
Since auto repairs are done at KIA we also need approval of a conditional Use Permit, although the new
parking has nothing to do with this aspect of the service KIA provides. Nothing will change regarding
auto repair at KIA due to the addition of these parking stalls
Page 121 of 381
CORNERSTONE KIA OF ELK RIVER
PARKING EXPANSION
17094 VANCE ST NW
CITY OF ELK RIVER, SHERBURNE COUNTY, MN
AUGUST, 2024
PRELIMINARY PLANS
CIVIL & SURVEY PLANS PREPARED BY:
AchBogart, Pederson
& Associates, Inc.
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SHERBURNE COUNTY, MINNESOTA VICINITY MAP
SHEET INDEX:
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CIVIL- DETAILS 4
Page 122 of 381
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Page 123 of 381
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Page 124 of 381
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Page 126 of 381
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Page 127 of 381
DEPARTMENT OF Metropolitan District
Waters Edge Building
TRANSPORTATION 1500 County Road B2 West
Roseville, MN 55113
August 23, 2024
Jennifer Green
Senior Administrative Assistant
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
SUBJECT: MnDOT Review #S24-033
Cornerstone KIA-Elk River
SE Quad US 10 & 171 st Avenue NW
Elk River, Sherburne County
Dear Ms. Green:
Thank you for the opportunity to review the plans for Cornerstone KIA-Elk River. MnDOT has
reviewed the documents and has the following comments:
Right -of -Way:
Please label the MnDOT Right -of -Way line.
Questions about this comment should be sent to Chinou Vue, MnDOT Right -of -Way Manager at
Chinou.Vuegstate.mn.us or 651-234-7570.
Water Resources:
A MnDOT Drainage permit will be required to ensure that current drainage rates to MnDOT right-
of-way will not be increased. The permit applicant shall demonstrate that off -site run-off coming to
MnDOT drainage system and/or right-of-way will not increase as a result of the proposed project.
The drainage permit application, including the information below, should be submitted online to:
https://olpa.dot.state.mn.us/OLPA/. Upload a copy of this letter when applying for any permits.
The following information must be submitted with the drainage permit application:
1) A grading plan showing existing and proposed contours.
2) Drainage area maps for the proposed project showing existing and proposed drainage
areas. Any off -site areas that drain to the project area should also be included in the drainage area
maps. The direction of flow for each drainage area must be indicated by arrows.
3) Drainage computations for pre and post construction conditions during the 2, 10, and 100 year
rain events.
4) Time of concentration calculations.
4) An electronic copy of any computer modeling used for the drainage computations.
5) See also the attached Drainage Permits Checklist for more information.
An equal opportunity employer
MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113
Page 128 of 381
Once a drainage permit application is submitted, a thorough review will be completed and
additional information may be requested.
Please direct questions concerning drainage issues to Jason Swenson, MnDOT Metro Water
Resources at 651-234-7539 or Jason. Swensongstate.mn.us.
Permits:
As mentioned above a drainage permit will be required. Any other use of, or work within or
affecting, MnDOT right of way will require a permit.
Permits can be applied for at this site: https:Holpa.dot.state.mn.us/OLPA/. Please upload a copy of
this letter when applying for any permits.
Please direct questions regarding permit requirements to Buck Craig of MnDOT's Metro Permits
Section at 651-775-0405 or Buck.Craiggstate.mn.us.
Review Submittal Options
MnDOT's goal is to complete reviews within 30 calendar days. Review materials received
electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint
link. In order of preference, review materials may be submitted as:
1. Email documents and plans to metrodevreviews.dot(2state.mn.us. Attachments may not
exceed 20 MB (megabytes) per email. Documents can be zipped as well. If multiple emails
are necessary, number each email.
2. Files over 20 MB can also be uploaded to MnDOT's Web Transfer Client site:
https://mft.dot.state.mn.us. Contact metrodevreviews.dotkstate.mn.us, and staff will create
a shared folder in which files can be uploaded. Please send an accompanying email with a
narrative for the development.
If you have any questions concerning this review, please contact me at (651) 234-7797 or
Cameron. muhi c@ state. mn. us.
Sincerely,
z�� "k, �_1
Cameron Muhic
Principal Planner
Copy sent via E-Mail:
Buck Craig, Permits
Lance Schowalter, Design
Chinou Vue, Right -of -Way
Ashley Hansen, Traffic
Amrish Patel, Transit
Joe Widing, Metropolitan Council
Jason Swenson, Water Resources
Michael Kronzer, Area Engineer
Michael D. Nelson, Surveys
Mike Kowski, Maintenance
Tristan Trejo, Ped/Bike
MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113
Page 129 of 381
City of Elk River
City Council
Resolution 24-53
A Resolution of the City Council of the City of Ellc River Granting Plat
Approval for Jabez Fourth Addition
WHEREAS, application has been made for plat approval, pursuant to Section 30-352 (c)
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the plat of the Property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City Code
of Ordinances and conforms with all requirements.
B. The proposed subdivision is consistent with all applicable general and specialized
city, county, and regional plans including, but not limited to, the City's
Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to, topography,
soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,
and drainage are suitable for the type and density of development and uses
contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services, facilities
and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. The officers of the City are hereby authorized to sign the final plat for the Property
and issue a certified copy of this Resolution giving final approval of the plat.
3. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
P 0 W I R 1 0 N'Af'URE]
Page 130 of 381
4. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 16Ih day of September 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P0WEBEU 0Y
NAWREI
Page 131 of 381
CITY OF ELK RIVER
SHERBURNE COUNTY
CONDITIONAL USE PERMIT
Case No. CU 24-13
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a
Conditional Use Permit ("Permit") requested by Cornerstone Kia for the following use:
Conditional Use Permit to allow expansion of the existing vehicle sale and service operation,
previously approved with CU 14-01, at 17094 Vance Street NW.
Property. The Permit is for the following described property ("Subject Property' in the City of Elk River,
Sherburne County, Minnesota:
Lot 1, Block 1, JABEZ FOURTH ADDITION, Sherburne County, Minnesota
Owner. Owner of the Subject Property at time of the approval of the Permit:
Mississippi Highlands, LLC
Conditions. The Permit is issued subject to the following conditions:
1. The platted exemption (Case No. P 24-09) must be approved by the Elk River City Council and
recorded with Sherburne County.
2. Staff approval of all construction plans.
3. Approval of an encroachment agreement, authorizing the proposed parking lot expansion to cross
existing drainage and utility easements.
4. Address any comments provided by MnDOT.
Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the
herein are complied with. The City may revoke the Permit following a public hearing for violation of the
terms and/or conditions set forth in the Permit.
Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional
use permit has not been substantially completed, the permit shall expire and become void, except that the
council may, following recommendation of the planning commission, extend the permit for an additional
period determined by the council on the receipt of a request for a permit extension prior to its expiration. A
Page 132 of 381
conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the
authorized use ceases for more than six (6) months.
Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance
with the permit. Violation of the terms of the Permit is a criminal misdemeanor.
Recording. The Permit shall be recorded against the title to Subject Property.
Dated: September 16, 2024.
CITY OF ELK RIVER
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
Mayor John J. Dietz
City Clerk Tina Allard
The foregoing instrument was acknowledged before me this day of ,
2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the
City Council.
Notary Public
DRAFTED BY:
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
Phone: 763-635-1032
Page 133 of 381