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7.b)1) Conditional Use Permit to Allow Massage Studio Meeting Date: 08/21/12 Agenda Item: �� �� , � % City Council Agenda Report City of Scandia 14727 209th St.North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of DeLynn Lalli for a Conditional Use Permit to allow a massage studio at 21190 Ozark Avenue N. (Scandia Plaza Shopping Center.) Deadline/ Timeline: 60-day review period expires September 1, 2012. Background: • The Planning Commission held a public hearing on the application at its August 7, 2012 meeting. The report prepared by the City Planner is attached. • The Commission recommended approval, with conditions as recommended by the Planner which have been have been incorporated into a draft resolution for the City Council's use. Recommendations: I recommend that the Council adopt the resolution approving the Conditional Use Permit as recommended by the Planning Commission. Attachments/ • Draft Resolution No. 08-17-12-01 Materials provided: . Excerpt of Draft Planning Commission Minutes for August 7, 2012 Meeting • TKDA Memorandum with Attachments Contact(s): DeLynn Lalli, 612 237-3551 Sherri Buss, City Planner 651 292-4582 Prepared by: Anne Hurlburt, Administrator (Lalli CUP Massage Studio) Page l of 1 08/08/12 CITY OF SCANDIA, MINNESOTA� � �fi RESOLUTION NO. 08-21-12 O1�� `� ����� ,��, '. APPROVING CONDITIONAL USE PERMIT FOR°�'I��SAGE��RAPY STUDIO WHEREAS,DeLynn Lalli has made applic�on for a Gonditional Us��:��it to allow for a massage therapy studio, located in Scandia����21150�p�ark Avenue; ar�. ° " _ �� WHEREAS,the property is legally described as fol��vs: Lot 1,Block 1, Hawkinson Busine�:�rk, Washington C�ty, Minnesota; and WHEREAS, the Planning Commis�n re��d the rec}�test at a duly noticed Public Hearing on August 7, 2012, and has recomme�iec�,.�pprova�;:�` NOW, THER.PT�ORE,� IT HEREBY`.�tESOLVED BY THE CITY COUNCIL OF THE CITY O�5��.�1DIA, �,�SHINGTOl'�Y�(�UNTY,MINNESOTA, that it should and hereby does approve f��Conci��ia�al Use Perm��or a massage therapy studio. u.; -. .; ., F�T��'`����'�' RE��p�.,VED,that the following conditions of approval shall be met: � 1 �'�project and us��ll be c�stent with the application dated July 2, 2012. �.,:;¢; 2. The���licant shall �in a�ign Permit prior to erecting any business signage. 3. The App��nt shall p�all fees and escrows. � � . Adopted by the Scanc�;��ty Council this 21 st day of August, 2012. � Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk � � C��' �f ��i�c� , ����� 1����h �t� �� � � � August 7, 2012 The Scandia Planning Commission held their regular monthly meeting on the above date. Chair Christine Maefsky called the meeting to order at 7:03 p.m. The following were in attendance: Commissioners Jan Hogle, Steve Philippi, Peter Schwarz and Commission Chair Christine Maefsky. Absent: Commissioner Tom Krinke. Staff present: City Administrator Anne Hurlburt, City Planner Sherri Buss and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA, MINUTES Commissioner Philippi recommended that a discussion of the Final Environmental Impact Statement (FEIS) of the Zavoral Mining and Reclamation Project be added to the agenda. Chair Maefsky noted that this would be Agenda Item 6.a). Hogle, seconded by Philippi, moved to approve the agenda as amended. The motion carried 4-0. Schwarz, seconded by Hogle, moved to approve the July 3, 2012 minutes as presented. The motion carried 4-0. PUBLIC HEARING: CONDITIONAL USE PERMIT TO ALLOW MASSAGE STUDIO AT 21190 OZARK AVENUE. DELYNN LALLI,APPLICANT DeLynn Lalli is requesting a Conditional Use Permit (CUP) to operate a massage therapy business within existing space in the Scandia Plaza, located at 21190 Ozark Avenue. The property is zoned Village Mixed Use (VMU B). The business would have three employees and operate up to seven days a week, between 10 a.m. and 9 p.m. Services would be by appointment only. The only interior changes proposed are paint and carpet. City Planner Sherri Buss presented the planner's report which determined that the proposed use is consistent with the criteria for approving conditional use permits in the Development Code. Buss recommended approval of the CUP with two conditions. One being that the project and use are consistent with the application dated July 2, 2012; and two, that a sign permit is obtained prior to erecting any business signage. Chair Maefsky opened the public hearing at 7:10 p.m. DeLynn Lalli, Applicant: Ms. Lalli introduced herself to the Planning Commission. There were no other comments and Chair Maefsky closed the hearing. Schwarz, seconded by Maefsky, moved to recommend to the City Council approval for a Conditional Use Permit to allow a massage studio at 21190 Ozark Avenue, with findings and conditions included in the Planner's report. The motion carried 4-0. The City Council will act on the recommendation at their August 21, 2012 meeting. 44q Cedar SUset,Suite 1500 Saini Paut,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia Planning Reference: Lalli massage therapy studio Commission Conditional Use Permit Request Copies To: Anne Hurlburt, City Administrator Project No.: 15023.004 From: Berry Farrington Routing: Sherri Buss Date: July 17, 2012 SUBJECT: LalEi massage therapy studio Conditional Use Permit Request MEETING DATE: August 7, 2012 LOCATfON: Scandia Plaza, 21150 Ozark Avenue Scandia, Minnesota APPLlCANT: Ms. DeLynn Lalli OWNER: H & E Enferprises/Steve Stegner ZONfNG: Village Mixed Use (VMU B) 60-DAY PERIOD: Sepfember 1, 2012 ITEMS REVIEWED: Application form dated July 2, 2Q12, business location map BRIEF DESCRIP710N OF THE REQUEST The Applicant is requesting a Conditional Use Permit(CUP}to operate a massage therapy studio in Scandia Plaza. The property is located in the Village Mixed Use (VMU B)Zoning Distric#. A CUP is required for Beauty Salons, barbers, day spas, massage therapy, and similar personal services in the VMU B District. BACKGROUND The Applicant is proposing to lease approximately 1,025 square#eet of space in the existing Scandia Plaza to carry on the business of massage therapy. The business would have up to three employees and operate up to seven days a wesk, between 10 AM—9 PM. Services will --- - - be appoir�txnent-only-and--hours-of-operation will-depend wpon-client-bookings.-The-only iaterior _ _ __ _ _ changes proposed are paint and carpet. An employee owned compony p�omoting ottirrnative action and equol opportunity Laili Conditional Use Permit Request Page 2 July 17, 2012 PLANS AND POL.ICIES Comprehensive Plan The AppticanYs proposal is within the Village Mixed Use Land Use Area. One of the policies outlined for this area is to"encourage commercial, office, iimited industrial, residential, institutional and civic uses tha# complement existing uses and use patterns [LU Policy 2.1]." In addition, the proposal meets an Economic Deveiopment policy to "identify in-fil!opportunities and promo#e new commerciat investment that creates synergy with existing businesses [ED Policy 1.2]." The proposed use is consistent wifh the Comprehensive Plan. General Criteria for Canditional Use Permits The following general criteria in the Development Code may apply to the review and approval of conditional use permif applications jChapter 1, Section 8.4]: (1) The condi#ional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital : impravement 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 ather property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property vafues or scenic views. (4} The establishment of the condi#ianal use will nof impede the normal and orderly development and improvement of surrounding property for uses permitted in the , district. (5} Adequate public facilifies 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 9s located and all other applicable standards of this Chapter. (7) The conditional use oomplies with the general and specific pertormance 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_ ZONING C�NSIDERATIONS - Beauty Salons, barbers, day spas, rnassage therapy, and similar personal-services are allowed in the Village Mixed Use (VMU B)Zoning District by CUP. The Zoning Ordinance contains no 1 Lalli Conditionai Use Permit Request Page 3 July 17, 2012 specific standards for this particular use. A review of the applicable Development Standards [Chapter 2, Section 3] includes the following: Pa�king According to Chapter 2, Section 3.10(4)(C), Beauty Safons, barbers, day spas, massage therapy, and similar personal services must provide two(2) spaces per station. Since the proposed use is part of the Scandia Plaza development, it meets the required parking space requirements. 7he developmenYs parking lot also provides the required handicapped space. Signs The Applicant has not yet determined the business name and has not yet proposed signage for the business. The Applicant will need to submit an application with a drawing of any proposed sign to the City for an administrative permit. The sign will need to be consistent with the overall sign plan that was approved for the shopping center. 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. PLANN[NG STAFF RECOMMENDATlOAIS The Planner recommends approval of the Conditional Use Permit to allow for a massage therapy business 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 application dated July 2, 2012. 2. The Applicant shall obtain a Sign Permit prior to erecting any business signage. 1 File No. ��o� APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North,Scandia,MN 55073 Phone 65l/433-2274 Fa�c 653/433-5112 Web http://www.ci.scandia.mn.us Please read befare completing: The City will not begin processing an application that is incomplete. Detaiied submission requirements may be found in the Scandia Development Code,available at ihe Ciry office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. I. Property Location: (street address, if applicable) �� � � � �. �, r 2. Washington County Parcel ID: l�� !�3 , a o . 3� 000 � 3. Complete Legal Description: (attach if necessary) �-/a v�/krr,Sar� �3v�5ir��sS �o,�-k (�Qf 1 � �oc� I 4. Owner(s): " Phone: (h) K � � �n-��r r5�'S ��� ti� �E- ���- (�� . �S I `�6�{ -z('� N�-- :J Street Address: / l ��f� ,, 1 E-Mail: , {p�� L..KK�= .ST-• SL3. City/State: �0 V Q S� ���- � ,/Vi/� Zip: .s�0 Z5 5. Applicant/Contact Person: Phone: d���fh��� �--� �� � �'> (a � 2 - 237- 355/ (�) Street Address (Mailing): � � �,� 23�t�' S�-, �� E-Mail: ���j�`Pp llS cr ��,hn�. Ct� / City/State: �y^�S� �-d��.�� �1')(� .'S 5� �o�5 Zip: 6. Requested Aetion(s): (check all that apply) Variance _ Admmistrative Pemnit _ Amendment (Development Code) Variance Extension ��e� _ Amendment(Comp.Plan) � CondiUonal Use Pernvt(CUP) Site Plan Review — (type) Subdivision,Minor CUP Extension CUP/Open Space Subdivision. — Site Plan Modification _ Subdivision,Preliminary Plat/Major � CUP/Planned Unit Development — Site Plan Extension ____ Subdivision,Final Plat ^ Interim Use Permit{lUP) — Sign(Pern�anent) Environmental Review � l l/19/2010 7. Brfef Description of Request: (attach separate sheet if necessary) .�:.�.��, ;'r�c �d�� ��c�.��S�E���- S"��r��-� -{���' c;� �,��<���c 4s� ����-�' � - ., �, -� , � � .� � ` a ' � ��� � ��� � - � � ., - , � , ; u� � �� " - , - 1 y '� r ir- '� !r t . � �. ! '`� / -f� �; � r " �r, '� �' r�t�. -� a . .r,. • � • r � ' r ' 1 �'J� . ' �1 t� c j r`�'y�`�, !" i�{ (�'1 C") ��,'1 1 � �� ��t j� - � . C' . .�, cu� ����c� � 8. Proj ct N me: �/ ' , ( j i � � � � ia ` � �� ' . ��'1�1� e' �1 � .✓ r ,d ! - .�I J 1 hereby apply for consideration of the above described request and declare that the information and materiais submitted with this application are complete and accurate. I understand that no application shall be considered complete unless accompanied by fees as required by city ordinance. Appiications for projects requiring more than one type of reveew shall include the cumulative total of all application fees specified for each type of review. 1 understand that applicants are required to reimburse the city for all out-of-pocket costs incuned for processing,reviewing and hearing tlae application. These costs shall include,but are not limited to:parcel searches;publication and mailing of natices;review by the city's engineering,planning and other consultants;legal costs,and recording fees. An escrow deposit to cover these costs will be colleeted by the city at the time of application. The minimum escrow deposit shall be cumulative total of all minimum escrow deposits for each type of review required for the project,unless reduced as provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city's costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is noi the applicant, the applicant mnst provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owne Signature(s) Date: . '7/Z�� j �. • •-- Appticant Signature4s) �� Date: i � �� /a a�j� For City Usc Only �A�� Appiication Fees: T OS a� • �� ��� L ���� Escrow Deposit: � �� �' Q� i lll9/2010 . � ��\r�Er-� Vv r � � � 1'� �? 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