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4.a) Meeting Date: 05/03/11 Agenda Item: Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the Conditional Use Permit application for a Chiropractic Healthcare Business at 21150 Ozark Avenue, Dr. Steven Luginbill and Jan Luginbill, dba Croix Ridge Chiropractic, applicants. Deadline/Timeline: 60-day review period expires June 7, 2011. Background: The planner will present the attached report and recommendations at the meeting on May 3, 2011. Recommendation: The planner has recommended approval of the Conditional Use Permit,with conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution Approving Conditional Use Permit Materials provided: • TKDA Memorandum dated April 26, 2011 • Location Map • Floor Plan Contact(s): Dr. Steven Luginbill,DC (651 257-0909) Prepared by: Anne Hurlburt,Administrator (Croix Ridge Chiropractic CUP) Page 1 of 1 04/26/11 CITY OF SCANDIA,MINNES e A_ RESOLUTION NO. 05-17-1 CONDITIONAL USE PERMIT FOR CROIK RIDGE CHIR( ACTIC 21150 OZARK COURT WHEREAS, Dr. Steven Luginbill, doing business 4s'Croix Ridge Chiropractic,has made application for a Conditional Use Permit,for a chiropractic health care business within an existing structure located at 21150 Ozark Court Not and WHEREAS, the property is legally iescri` Lot 2, Block 1, Hawkinson Business Park, Washington County, Minnesota; and WHEREAS, the Planning Commission' eviewed the request at a duly noticed Public Hearing on May 3,201.1, and has recommended al NOW,Tw REFORE,BE� T SOLVED BY THE CITY COUNCIL OF THE C m DI , WASHINGTON COUNTY,MINNESOTA,that it should and her does appr 4 request of Dr. Steven Luginbill for a Conditional Use Permit for a chir 'c health care bu .:ess,basacon the following findings: 1. The proposed use is istent with the Comprehensive Plan. 2. The properfAtuse is consistent with the criteria for approval of Conditional Use Permits as set forth r er 1, Section 8.4 of the Scandia Development Code. FURTHER BEf IT RESOLVED, that the following conditions of approval shall be met: 1. The project and use shall be substantially in conformance with the application and plans dated April 8, 2011. 2. The Applicant shall obtain a sign permit prior to erecting a new exterior wall sign for the business. Resolution No.: 05-17-11-xx Page 2 of 2 Adopted by the Scandia City Council this 17th day of May, 2011. Randall Simonson, Mayor, ATTEST: ka��= Anne Hurlburt, Administrator/Clerk • Z'` t av' Y�4n Y y' F `�f �v' TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 Lki In-,'l;L 0 i - •P .'Jlf::; -4400 The right time.The people.The (651)292(651)292-00830083 Fax www.tkda.com MEMORANDUM To: Scandia Planning Commission Reference: Croix Ridge Chiropractic CUP Scandia File No. 2011004 Copies To: Anne Hurlburt, City Administrator City Council Dr. Steven Luginbill From: Sherri Buss, RLA,Planner Proj.No.: 14811.004 Date: April 26,2011 Routing: SUBJECT: Croix Ridge Chiropractic Conditional Use Permit Request MEETING DATE: May 3, 2011 LOCATION: 21150 Ozark Court Scandia, Minnesota APPLICANT: Dr. Steven Luginbill—Croix Ridge Chiropractic OWNER: Scandia Four ZONING: Village Mixed Use(VMU B) 60-DAY PERIOD: June 7, 2011 ITEMS REVIEWED: Application form, interior building layout sketches. BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a Conditional Use Permit(CUP) to operate a chiropractic business in Scandia Plaza. The property is located in the Village Mixed Use(VMU B) Zoning District. A CUP is required for Medical or Dental Offices/Clinic in the VMU B District. The subject property is approximately 2.5 acres in size. BACKGROUND: The Applicant is proposing to lease approximately 617 square feet of office space in the existing Scandia Plaza to carry on the business of chiropractic health care. The business would have two employees and operate 8 a.m.-6 p.m. Monday, Wednesday, Friday,half days Tuesday-Thursday, and by appointment. The business will not provide x-ray services on-site and will conduct no lab work; only therapy services. The An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Croix Ridge Chiropractic CUP Page 2 April 26, 2011 Scandia, Minnesota only interior changes proposed are paint and carpet. No structural alterations will be made except replacing the existing wall sign. PLANS AND POLICIES: 2008 Comprehensive Plan: The Applicant's proposal is within the Village Mixed Use Land Use Area. One of the policies outlined for this area is to "encourage commercial, office, limited industrial,residential, institutional and civic uses that complement existing uses and use patterns [LU Policy 2.1]." In addition,the proposal meets an Economic Development policy to"identify in-fill opportunities and promote new commercial investment that creates synergy with existing businesses [ED Policy 1.2]." The proposed use is consistent with the Comprehensive Plan. General Criteria for Conditional Use Permits: The following general criteria in the Development Code may apply to the review and approval of conditional use permit applications [Chapter 1, Section 8.4]: (1) The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. (2) The establishment,maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. (3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values or scenic views. (4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (5) Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. (6) The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. (7) The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. The Planner finds that the proposed use is consistent with the criteria for approving conditional use permits in the Development Code. Croix Ridge Chiropractic CUP Page 3 April 26,2011 Scandia, Minnesota ZONING CONSIDERATIONS Medical or Dental Offices/Clinic are allowed in the Village Mixed Use(VMU B) Zoning District. A review of the Development Standards [Chapter 2, Section 3] applicable to this application are as follows: Environmental Regulations: Since no lab work will be conducted and no x-ray services offered, there are no issues related to hazardous materials storage and disposal or to radiation and electrical interference. Parking: According to Chapter 2, Section 3.10(4)(C), Medical or Dental Offices/Clinics must provide six (6) spaces per doctor. Since the proposed use is part of the Scandia Plaza development, it meets the required parking space requirements. The development's parking lot also provides the required handicapped space. Signs: The Applicant is proposing to replace the existing exterior wall sign. The applicant will need to obtain a sign permit from the City to replace the sign. OPTIONS FOR THE PLANNING COMMISSION The Planning Commission can recommend to the Council to: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Conditional Use Permit to allow for Croix Ridge Chiropractic to operate at the Scandia Plaza, located at 21150 Ozark Avenue. The Planner recommends the following conditions: 1. The project and use are consistent with the applications and plans dated April 8, 2011. 2. The Applicant shall obtain a Sign Permit prior to erecting a new exterior wall sign for the business. _ .sk. \ 2 kl,: lar, _ I. .....1::\>>.,. \,,s‘8‘ I. ,,-. ii. • . • `r it OIJNDA SATES . z I. \ hlS I• .� �r„, il I DOST ACRES _ — • — z l� I_, I \ .� Y;,M n +!' — TROLL X -I��� .71ra1`�p�+� s_ pUDRORS PUT NO 6/ AUDITORS PIAT NO 8 -I- �'i _i�'!"�p - --- ,..;...,'... �• ,f— o �� �._ _ AUDITORS PLAT NO A. t ^ ,I • v zt / _ - kk r.ear+. ' AUDITORS PUT NO 6 AIMIAY �. 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