7.b)1) CUP for a Chiropractic Healthcare Business Meeting Date: 05/17/2011
Agenda Item: a�j �� ��
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: As recommended by the Planning Commission, approve a Conditional
Use Permit 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 Planning Commission held a public hearing on this
application at its May 3 meeting. The report prepared by the City
Planner is attached.
• The Commission recommended approval of the Conditional Use
Permit with findings and conditions as recommended by the
Planner which have been have been incorporated into a draft
resolution for the City Council's use.
Recommendation: I recommend that the Council adopt the resolution approving the
Conditional Use Permit.
Attachments/ • Draft Resolution No. OS-17-11-02
Materials provided: . Minutes of May 3, 2011 Planning Commission Meeting (Not
Approved)
• TKDA Memorandum dated April 26, 201 l, with attachments
Contact(s): Dr. Steven Luginbill, DC (651 257-0909)
Sheni Buss, City Planner (651 292-4582)
Prepared by: Anne Hurlburt, Administrator
(Croix Ridge Chiro CUP)
Page 1 of 1
OS/10/l 1
CITY OF SCANDIA,MINNESOTA
RESOLUTION NO. 05-17-11-02
CONDITIONAL USE PERMIT FOR CROIX RIDGE CHIROPRACTIC
21150 OZARK COURT
WHEREAS, Dr. Steven Luginbill, doing business as 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 North; and
WHEREAS, the property is legally described as Lot 2, Block 1, Hawkinson Business
Park, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on May 3, 2011, and has recommended approval,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve the request of Dr. Steven Luginbill for a Conditional Use Permit for a
chiropractic health care business,based on the following findings:
1. The proposed use is consistent with the Comprehensive Plan.
2. The proposed use is consistent with the criteria for approval of Conditional Use Permits
as set forth in Chapter 1, Section 8.4 of the Scandia Development Code.
FURTHER BE 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.:OS-17-11-02
Page 2 of 2
Adopted by the Scandia City Council this 17th day of May, 2011.
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/Clerk
May 3, 2011
The Scandia Planning Commission held their regular monthly meeting on the above date.
Commission Chair Maefsky called the meeting to order at 7:00 p.m. Following the Pledge of
Allegiance, roll call was taken. The following were in attendance: Commission Chair Christine
Maefsky, Commissioners Jan Hogle, Tom Krinke and Peter Schwarz. Steve Philippi joined the
meeting at 7:02 p.m. Staff present: City Administrator Anne Hurlburt, City Planner Sherri Buss
and Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA, MINUTES
Schwarz, second by Krinke, moved to approve the agenda as presented. The motion
carried 4-0.
Commissioner Krinke offered a correction to the April 5, 2011 minutes regarding the Bolton
variance (page 2: change "northeast"to "northwest" corner of the house). Krinke, second by
Schwarz, moved to approve the Apri15, 2011 minutes as corrected. The motion carried 4-0.
CONDITIONAL USE PERMIT FOR A CHIROPRACTIC HEALTHCARE BUSINESS
AT 21150 OZARK AVENUE. DR. STEVEN LUGINBILL AND JAN LUGINBILL, DBA
CROIX RIDGE CHIROPRACTIC,APPLICANTS.
A public hearing was held for a Conditional Use Permit application for a chiropractic healthcare
business within existing office space of the Scandia Plaza, located at 21150 Ozark Avenue.
City Planner Sherri Buss presented the planner's report which recommended approval of the
permit. Medical or dental offices/clinics are an approved use in the Village Mixed Use (VMU B)
Zoning District. There will be no lab work or x-ray services that could raise environmental
concerns. Adequate parking is provided within the Scandia Plaza development. The draft
resolution included a condition that the applicants obtain a sign permit prior to installing a
business sign.
Planning Commission Chair Maefsky opened the hearing for public comments.
Dr. Steven Luginbill, applicant: Dr. Luginbill asked about the procedure for applying for a sign
permit. Administrator Hurlburt explained that staff can issue an Administrative Permit for the
business sign once design plans are submitted and approved.
As there were no other public comments, Chair Maefsky closed the public hearing.
Commissioner Philippi stated that this appears to be an uncontroversial project.
Commissioner Krinke asked for verification of the location of the office as shown on the floor
plan of the building.
Krinke, seconded by Philippi, moved to recommend to the City Council approval of the
Conditional Use Permit to allow Croix Ridge Chiropractic to operate at the Scandia Plaza,
located at 21150 Ozark Avenue, with findings and conditions as incorporated into a draft
resolution. The motion carried 5-0.
T��� 444 Cedar Street,Suite 1500
Saint Paul,MN 55101
7'be rigLt time.l'be right Paople.The ri�t oompaqR (651)292�400
(651)292-0083 Fax
www.ticda.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: Apri126, 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(VMiJ 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 Aflirmative Action and Equal Opportunity
Croix Ridge Chiropractic CUP Page 2 Apri126, 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 peimitted,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 aze 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 theproposed use is consistent with the criteria for auprovinQ conditional use nermits
in the Development Code.
Croix Ridge Chiropractic CUP Page 3 Apri126, 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.
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