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<br />Jon Hempel of Hempel Properties has responded to the items below in red text on 11-17- <br />04. <br /> <br />Brentwood Owners United <br /> <br />November 16, 2004 <br />From: Brentwood Owners United <br />To: Jon Hempel; Hempel Properties & Morcon Construction <br />Re: Elk Ridge Development Conditional Use Permit <br />Cc: <br /> <br />II. Substantive Concerns. <br /> <br />BOU has four main concerns with the US Bank Proposal- traffic, landscaping, <br />signage and lighting. In all four cases BOU believes that the Elk River City Code <br />requires the City Council to place conditions on any CUP issued. Elk River City Code <br />section 30-654 provides that "the council shall order the issuance of [a conditional use] <br />permit only ifit finds that such use at the proposed location: (1) Will not. . . <br />detrimentally affect the use and enjoyment of other property in the immediate vicinity or <br />the. . . safety. . . convenience or general welfare of the neighborhood or the city." <br />(Emphasis added.) In this case, BOU believes that the City Council can only find that the <br />current US Bank Proposal will detrimentally affect the use and enjoyment of neighbors in <br />the vicinity, and the safety, convenience and general welfare ofBrentwood and Elk <br />River. <br /> <br />A. Traffic Problems. <br /> <br />The proposed road configuration is detrimental to Brentwood, not optimal for the <br />overall Outlot A development and contrary to the general welfare of Elk River. The <br />current proposal routes Outlot A traffic onto 197th and into Brentwood itself before taking <br />a left turn onto a newly extended Holt and into Outlot A. This is a problem for <br />Brentwood residents as 197'h is currently Brentwood's only viable route for ingress and <br />egress. By combining Outlot A traffic with Brentwood residential traffic, the current <br />proposal will create congestion for Brentwood residents and Outlot A patrons alike. <br />Further, the heavy traffic trom Outlot A patrons is incompatible with the otheIWise quiet <br />Brentwood neighborhood. <br /> <br />The Elk River City Code provides that"[i]n approving a conditional use permit, <br />the council may impose such specific conditions with regard to the development or <br />operation ofthe proposed use as it considers necessary to satisfY the [CUP standards] and <br />. . . to promote compatibility with and minimize any potentially adverse effects upon <br />adjacent properties, the neighborhood or the city." Code 9 30-655. Conditions imposed <br />