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7.2 SR 09-16-2024City of Elk - River To City Council Meeting Date September 16, 2024 Item Description Conditional Use Permit: Senior Housing/Memory Care Facility, PID 75-00729-0010 - DigniSuites Request for Action Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The property shall be platted prior to the issuance of any building permit. 2. Staff approval of all site, civil, and development plans. 3. All comments on the Comment Letter dated August 21, 2024, shall be addressed. Background/Discussion The applicant is requesting a Conditional Use Permit (CUP) to construct a 32-unit memory care/assisted living residential facility on Outlot A, Pullman Place. The property is 2.8 acres and is zoned PUD — Planned Unit Development, where assisted living facilities require a CUP for approval. The proposed structure will be approximately 20,300 square feet. The project proposes to have access to 171 st Lane & 172nd Avenue, both public streets. Planning Commission During the public hearing, three individuals spoke representing themselves and numerous other tenants present from Pullman Place. Their major concerns were the increase in traffic and removal of the private street on the subject parcel. They stated it would likely increase traffic cutting through on their private drive (Quincy Street). They requested a traffic study be completed. The Pullman Place residents wanted clarification on what the screening berm would be. The applicant has provided a plan with sections of the proposed berm and landscaping. After the meeting, staff continued to communicate with one of the three who spoke, mostly discussing traffic. The original PUD anticipated commercial development with a private drive running through the project site. A traffic study was completed as part of the PUD, and the intersection improvements recommended as part of that study were implemented. The Elk River Vision A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A Y engagement that encourages and inspires prosperity 381 The latest plan submitted by the applicant has a private drive located on the project site, but now it is for residential use rather than the original commercial guidance. Nothing significant has changed regarding traffic other than the subject parcel will now generate far less traffic than commercial use, which was originally studied. The city engineer indicated a full traffic study is not needed, but staff did ask for a traffic memo from their engineer which reviews the old estimates against current traffic counts to ensure the old projections are still valid and fit the proposed project. The applicant will have this information at the meeting. There have been several questions about the existing driveway running through the parcel. This drive was required as part of the approval for the Depot Apartment complex and is not a city street, nor has the city maintained this private drive. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Parking Staff have observed parking concerns at the Beehive facility, which is similar to the proposed use, and have concerns regarding similar parking issues. The applicant stated they use this model extensively and have had no issues. Does the council want to see additional proof of parking? Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments I. Planning Commission dated 08-27-2024 2. Proposed Plan 3. Landscaping Exhibits 4. Resident Letter 5. Comment Letter Response 6. Traffic Review 7. Recording Document Page 67 of 381 City of Elk River To Planning Commission Meeting Date August 27, 2024 Item Description Conditional Use Permit: Senior Housing/Memory Care Facility, PID 75-00729-0010 - DigniSuites Request for Action Item Number 5.1 Prepared By Chris Leeseberg, Senior Planner Reviewed by Chris Leeseberg Zack Carlton Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. A cross access easement shall be prepared and recorded outlining the use and maintenance obligations of the access onto Quincy Street. 2. All comments on the Comment Letter dated August 21, 2024, shall be addressed. 3. Staff approval of all site, civil, and development plans. 4. The property shall be platted prior to issuance of any building permit. Background/Discussion The applicant is requesting a Conditional Use Permit (CUP) to construct a 32-unit memory care/assisted living residential facility on Outlot A, Pullman Place. The property is 2.8 acres and is zoned PUD — Planned Unit Development, where assisted living facilities require a CUP for approval. Additionally, there is currently a driveway running through the center of the property to provide a connection between 172"d Avenue and 171" Lane. This will be removed and traffic that has previously used this shortcut will need to use other public streets. The proposed structure will be approximately 20,300 square feet and the site plan shows 18 parking stalls. The ordinance requires 16 parking stalls for the proposed use. The project proposes to have an access point on 172nd Avenue, which is a public street. They are proposing a secondary access onto Quincy Street, which is a private drive that is part of Pullman Place. The proposed structure will be composed of prefinished wood fiber siding, brushed smooth LP panels, manufactured stone veneer, and asphalt shingles. Landscaping will consist of 43 trees distributed throughout the property with a trash enclosure located near the secondary access. Applicable Regulations The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: The Elk River Vision A aielcoming communin� with rrvolutaonag and sbynted resourcefulness, exce�itianal sercxce, and community P 0 1 1 R E Q 8 en gagesr�ent that encourages and irriiresraeriINAWRd 381 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort convenience or general welfare of the neighborhood or the city. The Elk River Station PUD was developed for residential and commercial uses. While the original intent of the subject parcel, based on the PUD, was to be commercial, the proposed use will not endanger, injure ❑r detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Staff do not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan The property is guided for multifamily, which includes higher density apartment and/or condominium complexes in a master planned setting with common open spaces and recreational amenities. Multifamily areas make up the smallest portion of the city's housing stock and are primarily located off of major roadways with proximity to commercial areas. The use is consistent with the Comprehensive Plan. 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. There is a single one -acre vacant lot across the street, which is also guided as multifamily. The proposed use will not affect development of the surrounding area. 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 property is surrounded by public facilities and services, so the use is 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. Staff do not see a need to impose specific conditions to satisfy this standard. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The proposed use aligns closely with the existing uses in the area. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. As the applicant is proposing a secondary access onto the private drive of Quincy Street, a cross access easement must be prepared and recorded outlining the use and maintenance obligations of the access. b. 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 69 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. Narrative 3. Elevations 4. Floor Plan 5. Site Plans Page 70 of 381 F y• '� 75-00826-0105 fir ► t 75-00826-0010 1 � 75-00729-001 D` _ w- f r 75-00729-0105 . +� 1 ale � _�1~(i[. .^ y �' •4 ,�. . � • r � 1 Project Location Map� DigniSwtes Conditional Use Pef nut Case No. CU 24-15 Page 71 of 381 CU 24-15 Narrative The DigniSuites team proposes to develop an Assisted Living and Memory Care "Care Horne" to provide for the needs of the elderly citizens and those 4vith family members in need of assisted lining and memoir care services. The newly designed building shows careful consideration for today's healthcare environment and realities, featuring 32 private suites for chronic care services. Residents will enjoy a home -like atmosphere in a secured setting that allows freedom to participate in activities that not only manage their daily care needs but also protiides a higher quality- of life than that offered in more institutional settings. With amenities including a congregate dining room, daylit commons, acti�.ity/craft area, and a secure outdoor porch, residents benefit from a life enrichment program that is specially designed for those with Alzheimer's and dementia. DigniSttites of Elk River's goal is to provide our residents ti,-ith the right care at the right time. Hours of Operation: 24J7/365 Employees: 24-30 FTE / Payroll $1mm+ Total Land Size: 2.8 Acres (43,500 sq ft) Building Size: Approx. 20,300 Sq. Ft. Occupancy: 32 Private Suites: High Care - 16 Residents r lfemoiv Care - 16 Residents Parking Stalls: 18 Outdoor Storage: Trash & Maintenance egtupment Screening Extensive landscaping is typical, with emphasis to screen transformer & emergency generator Sigrnage: To be determined with City of Elk River, to include monument sign(s) and/or building signage. The subject parcel is currently an out lot of the Elk River Station PUD (OUTLOT A, Pullman Place) and DiginiStiites request to amend the ctun'ennt PUD via a Conditional Use Permit to allow for assisted living and nursing facilities will serge as a transition between nearby- businesses and multifamily properties. The proposed use will better occupy- land that few commercial enterprises can fit on, after setbacks, ROLE?, green space & parking are considered. Traffic impacts are minimal (residents do not operate vehicles) and parking, limited to staff & visitors, is less than typical multifamily- lions' projects. DignniStutes always works ,,zith local emergency services to reduce unrnecessary calls to the site. By granting the Application, Elk River will gain an attractive, tax -paying member to the community in an other%ise idle property. The building and occupants are secure, noise is not an issue, and the neighbors should appreciate a peaceful co -existence with the residents, while offering community benefits such as: - Chamber of Commerce Membership - Wellness clinic offerings - Local daycare center partnerships - Public meeting room space - Charity drop-off site for food & clothing - Internship & volunteer opportunities Page 72 of 381 a, ELEVATION RENDER QEAST WEST ELEVATION RENDER IA f S.r :ems. �1 PERSPECTIVE RENDER ,\ PERSPECTIVE RENDER t 01 5TY LE A RR C. Haul n n s�T s 1�3 µrI rya rc �11�/J 1 .cirspsarx�� V 0 Elk River Elk Ri— Ati.—.. 533.k1 BUILDING IMAGES r nwu�. DS.1 Page 73 of 381 EAST ELEVATION WEST ELEVATION OI5TYLE A RR C N— µrr wa rc 0-9 .1R.4CW Elk River EK, %-r Ati.—.. 533.k1 Viva SOUTH ELEVATION rail NORTH ELEVATION BUILDING ELEVATIONS .� DS.3 REFUSE EAST ELEVATION 1 REFUSE WEST ELEVATION 1 REFUSE NORTH ELEVATIONS REFUSE SOUTH ELEVATION ,.. a MKT — " . .�.� ,..�,..� Page 74 of 381 a r�� r�l GROUND SIGN ELEVATION J I i4II Pi f� ` 17 u ARCHITECTURAL SITE PLAN OI5TYLE A R CA R C N r am µr,awa�rc Elk River Elk River Alin—.. 551M BUILDING FLOOR PLAN ..r>rtmma.�+vrw.,,ix,a ,xR n. DS.2 Page 75 of 381 Page 76 of 381 C1.-� 0 . .......... ..... Page 77 of 381 Page 78 of 381 �o-o- � ar..wixo Pinrn G3.0 1 Page 79 of 381 Page 80 of 381 i No Page 81 of 381 - Page 82 of 381 Page 83 of 381 I I_ OLMOT A A kN ECT I 14, L -; inetype& Symbol Legend 4w- For A ThN`PS Page 84 of 381 a.� a,nroa..nro bN,xEw,.�a�a�,,,�aoro a��.W.e�w�n��.�ano Panw�O�s��aw�n. Q�p p�yP G� aEauwEtiExrss¢oEra� ��a�,a��.ax,a�a�„m ootiE uxoix�naEws mAccoaoAxcEwnxwn. oaa®��aEn a�.oana�aka.�a�®n�6. wrwwaxm<sswu�wmrtixwina ux��csomEarvisEewre, w ,. E��,fi ��saE�.� �o�asn.a�Es..�„�s..a�,e..nmtiExsrnss wioarosnE U � J nam�.�aEa��.,�,. irrxisaaacmuasisxor ra�av®. �srwEx c�n,.c.m„:aE.�ase�E.a,�n.a,aa � _ W Cl OE a6wvEn rwW ryEwR�FTsP CIFIC NOTES: W ED r H 3 ,^ � a OPERlITIO 1 NOTES vJ g Z aEwv wv®sv coxm�acw�m. OWNERINFORMATION SITE PIAN LEGEND: —� 0 cl ws �a vwaxws norwweaav rnu�wamr - � CSITE PLAN Cslleabueyau 2.0 Page 85 of 381 75-00818-0105 75.00826-0105 >�ndq f .. 1 V� 75-00826.001OA, I �e �4 7— OO729-0105OK i 4. t- y ,'�` Y'V to • �• 75-00928-0105 ` • `� Page 86 of 381 f POLLINATOR SAFE PUNT MATERIAL: `x V Ax l.,z ate IAN0.5CAPE NOTES: 5 W ry J g�wk`oaa r «�::aoM«Ea�oaro«=."tea z MULCH SCHEDULE 00 � L Y 0 RE NoscnvE vuNLECErvo GROUND COVER SCHEDULE 'n ro.:m oo `u s.M_ �_MMONl.l. —E I— Ism �i N sou. uuvi.w,msrt�suuFl.wnw:� ea�aucmE6. wwrsssEawxr iwrrusrauwir. IA —APE- ----- L1.0 �o Page 87 of 381 WHITE PINE (75'-100' HT, 20'40' SPREAD) PRAIRIE STATURE OAK - (40' HT, 30' - SPREAD) - CHALET SWISS STONE PINE (10'-15' HT, 4' - SPREAD) PROPOSED - PARKING LOT 1 28.2 L A SGREGATE MAI NTENANCE STRIP®� /1 PERENNIAL BED PLANTING ilNXI B DECIDUWS& CONIFEROUS SHRUB PLANTING IRRIGATION NOTES: ��.;� / q ,�,�,��.�� uxosuas wacx rtcraanaro xsrwuwn«a u�ms T y ✓��` / ;. _. _ __ <rr� E �ffawve.Exra�cxmwaa TMsausucaoxrncwoxsysnan FI,h*'. �.noxwnnx tiE>Ea�xo aavmwx ncnmsoxxsroa --�E'� _ usssmnswnascv sv mscwmocrm mascnxoowvwsEs /,DECIDUOUS S CONIFEROUS TREE PIANTI N. �mTMcn smwmcsnxo pic�eexorx,-s Fm \_% cxnxu,aaxs. wxxEvmmxszF s, nre,wx�. ve<rvwm 51.0 DISTANCE VARIES ALONG j BERM AND ROAD LAYOUTS EXIST. PROP. LINE & B.O.C. PROPOSED 5"/-EARTHEN BERM 5 SECTION AT BERM z-a a _ 5 �l V 1JL u.�C NwN lif c) J]f ° z 0 = W W � w W ZZ H Z � G V p L1.1 Page 88 of 381 17155 Quincy St. NW #122 Elk River, MN 55330 August 30, 2024 Mr. Matt Westgaard, Council Liaison Elk River Planning Commission 13065 Orono Pkwy NW Elk River, MN 55330 Dear Mr. Westgaard: am writing to you about the proposed 32-member senior/memory care building to be built between Twin Lakes Road and Pullman Place, a co-op residence of which I am an owner. It was gracious of the Planning Commission to listen to our concerns of this new construction at it's meeting of August 27th, before this unit is built. The Commissioners were polite to allow several members of Pullman Place to express our concerns, which seemed well received by the Commission members. I, respectfully, did not speak (of my own volition), but I have a concern that I do not think was adequately addressed. We at Pullman Place are concerned about the traffic flow on our private road. One Commission member mentioned that a traffic flow study was done in 2009, that is fine; but Elk River has grown significantly since that time, and the traffic flow has grown accordingly. Traffic on 1715t Ave. and 172"d Ave. has also grown. I suggest that a current traffic study be completed, but that is not the purpose of this letter. The fact is, no left turn is allowed when one exits from 172St Avenue, so traffic using that street to eventually access Highway 10, must use the existing gfty road around which the new memory care unit is to be built. The answer to traffic flow is that the existing city road will still be available, but........ it will have a parking lot and, perhaps, other impediments for reasonable traffic flow from 171st Avenue. This suggests that Pullman Place's private road will be available for all of that traffic. Here is my question. If you were a resident of the Woods Townhome complex that uses 172nd Avenue, would you drive through a potentially hindered road, or would you drive through the private road maintained by Pullman Place? I feel that the traffic will endanger our residents who may be driving/walking on our private road at any time day or night, which some may do. Sincerely, Lawrence E. Cook, Ph.D. Page 89 of 381 Construction Services, Inc. Building Value with Integrity Mr. Chris Leeseberg, Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: DigniSuites Conditional Use Permit Senior Housing / Memory Care Facility - PID 75-00729-00-10 Dear Mr. Leeseberg: Please consider the following in response to your letter of August 21, 2024 and the Staff Report / Request for Action received August 23, 2024. 1 have copied in the action items from both documents, and offer our comments individually in BLUE. LEESEBERG LETTER 8/21/24 • The property needs to be platted. • Simple Plat Application submitted to City on 8/26/24. Departmental reviews underway; DigniSuites to adopt review requirements upon mutual agreement. • Power tie would come in from along Twin Lks Rd. There are two runs of power one being a feeder line running along Twin Lks. There is also three-phase running along 171 Lane feeding the apartment building to the rear of this project. Installation of the drainage pond may be affected by these. • Single -Phase power will be utilized. • Transformer location needs to be reached from a hard surface. • Revised Site Plan submitted immediately prior to Planning Commission Public Hearing on August 27 is being updated to provide more clear information on berm (requested by Pullman Place residents) and will show transformer location in compliance with City and Public Utility requirements. • Load sheet would need to be filled out for transformer sizing. • DigniSuites Electrical Engineer will submit load sheet upon project approval by City Council, as Construction Documents are developed for inclusion with Building Permit application. • Pending occupancy classification, building plans may need to be submitted to the Department of Labor and Industry for plan review. Building permits would be issued by the city. • Occupancy: 1-1, Condition 2 based on MN Building Code. • MN DOLI will review plans for modular construction approval, with issuance of permit by City. • MN DOH will review plans for Assisted Living licensing and for Food Service. • It appears there is a typo in the stormwater report on page 5 under proposed stormwater rate for 171st Ln 10-year event. Please advise on this, otherwise the report appears to meet all stormwater requirements. • Civil Site Group acknowledges the typo, and will correct and resubmit with the general update required by the revised Site Plan. 11124 Zealand Avenue No. • Champlin, MN55316 - 763-569-4O20 • Fax 769-569-4117 • www.cbsconstruct.com Page 90 of 381 Construction Services, Inc. Building Value with Integrity • There is an existing 8" DIP stub in the southwest corner of this property. Water service to this building should be connected to the existing stub or it needs to be abandoned at the main. • Acknowledged. Sewer and water connections likely to be revised to locations that will not disturb Twin Lakes Road. STAFF REPORT / REQUEST FOR ACTION 1. A cross -access easement shall be prepared and recorded outlining the use and maintenance obligations of the access onto Quincy Street. • No longer applicable (revised Site Plan removes connection to Quincy Street). 2. All comments on the Comment Letter dated August 2 I, 2024, shall be addressed. • See previous responses. 3. Staff approval of all site, civil, and development plans. • Acknowledged. 4. The property shall be platted prior to issuance of any building permit. • Simple Plat Application submitted to City on 8/26/24. Departmental reviews underway; DigniSuites to adopt review requirements upon mutual agreement. Brian Winges and I met with the residents of Pullman Place on September 3 to provide more information on our plans, and to achieve a better understanding of their concerns about the project. As they stated in the Planning Commission Public Hearing, the impact of potential traffic pattern changes remains high on their list, but once again, they seem to be pleased with the overall design, and feel we'll be a positive addition to the community. We understand they've requested a meeting with the City to address the traffic issue, and we'd be happy to participate in the discussion. Our team appreciates the city process thus far, and we look forward to our next appearance at the City Council Public Hearing on September 16. Please let me know if you need any additional information prior to that meeting. Best Regards, CBS CONSTRUCTION SERVICES, INC. Scott Clements Sr. Project Manager Cc: Zack Carlton Jennifer Green Team DigniSuites 11124 Zealand Avenue No. • Champlin, MN55316 • 763-569-4020 • Fax 769-569-4117 • www cbsconstruct.com Page 91 of 381 TC To: Scott Clements, Senior Project Manager CBS Construction Services, Inc. From: Matt Pacyna, PE, Principal Transportation Collaborative & Consultants, LLC Date: September 12, 2024 Subject: Elk River DigniSuites Senior Living Traffic Review INTRODUCTION REPORT TC2 conducted a preliminary traffic review of the proposed DigniSuites senior living development in the City of Elk River, MN. The proposed development, which is along the east side of Twin Lakes Road between 171st Lane and 172nd Avenue, is planned as a 32-bed assisted living / memory -care residential facility. The proposed development is within the Elk River Station Development. Therefore, the purpose of this traffic review is to identify how the proposed development compares with previous land use assumptions within the Elk River Station Development EAW and identify any potential traffic impacts and / or considerations to ensure safe and efficient operations for all users. PROJECT DETAILS The proposed development is a 32-bed assisted living / memory -care residential facility. The facility will employ a total of approximately 20 staff over three (3) shifts. Residents are not expected to be able to drive, thus most of the traffic generated will be from employees, medical professionals, visitors, and deliveries. A total of 18 parking spaces are proposed. Two accesses are proposed and will be connected via an internal driveway. One access is along 171st Lane and one is along 172nd Avenue, which are the same locations as the private driveway through the existing parcel. TRAFFIC IMPACTS To quantify the expected trip generation of the proposed development, an estimate was developed using the ITE Trip Generation Manual, 11t" Edition, which includes trips for typical weekday a.m. and p.m. peak hours, as well as daily. A trip generation estimate for the previous land use assumptions used as part of the Elk River Station Development EAW was also provided. The trip generation summary, shown in , indicates that the proposed development is expected to generate 6 a.m. peak hour, 8 p.m. peak hour, and 84 daily trips. The proposed development trip generation represents a significant decrease from the assumed EAW land uses, which were estimated to generate approximately 94 a.m. peak hour, 136 p.m. peak hour, and 892 daily trips. Given that the adjacent transportation network was designed to support the EAW land use assumptions, the overall impact to area roadway capacity and infrastructure because of the proposed development is expected to be minimal. Therefore, no additional infrastructure is recommended to support the proposed development from a roadway capacity perspective. www.transportationcollaborative.com Page 92 of 381 Elk River DigniSuites Senior Living Traffic Review Table 1 Trip Generation Summary September 12, 2024 Page 2 Land Use Type (ITE Code) Size AM Peak Hour PM Peak Hour Daily In Out In Out Proposed Development Assisted Living (254) 32 Beds 3 3 3 5 84 EAW Land Use Assumptions Office (710) 10,000 SF 13 2 2 12 108 Strip Retail (822) 10,000 SF 14 10 33 33 546 Day Care (565) 5,000 SF 29 26 26 30 238 Total Future Trips (post -expansion) 25,500 SF 56 38 61 75 892 SITE PLAN REVIEW A preliminary review of the proposed site plan does not indicate any significant issues with respect to access, circulation, parking, or multimodal connectivity. It is important to note that the proposed driveway between 171 s' Lane and 172nd Street will replace the existing private driveway. If existing users of this private driveway continue to use the proposed development driveway as a cut -through route, potential traffic calming, signage, and / or enforcement strategies should be considered to ensure safe conditions for all users. However, the amount of cut -through traffic is expected to be minimal and is not anticipated to create any significant capacity or operational issues. Page 93 of 381 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-15 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit ("Permit' requested by DigniSuites ER RE, LLC for the following use: Conditional Use Permit to allow construction of a 32-unit memory care/assisted living residential facility on Lot 1, Block 1, Pullman Place Second Addition Property. The Permit is for the following described property ("Subject Property' in the City of Elk River, Sherburne County, Minnesota: Lot 1, Block 1, PULLMAN PLACE SECOND ADDITION, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Crag Enterprises, LLC, owner Conditions. The Permit is issued subject to the following conditions: 1. The property shall be platted prior to issuance of any building permit. 2. Staff approval of all site, civil, and development plans. 3. All comments on the Comment Letter dated August 21, 2024, shall be addressed. 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 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. Page 94 of 381 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 95 of 381