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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. 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