010312 PlanningCity of New Hope
Meeting Date: January 3, 2012
Report Date: December 29, 2011
Planning Case: 11 -10
Petitioner: Independent School District 281
Address: 8301 47th Avenue North
Project Name: NA
Project Description: Medical clinic in school facility
Planning Request: Text Amendment and Conditional Use Permit
1. Type of Planning Request
Text Amendment. A text amendment may be requested when an applicant's proposal is not
authorized or permitted by the City Code or Comprehensive Plan. This is different from a variance,
which would allow only site specific discrepancies from the City Code. A text amendment applies to
the regulations of the entire city or an entire zoning district depending on the amendment.
When adopting or amending a zoning ordinance, a city is exercising so- called "legislative" authority.
The city is advancing health, safety, and welfare by making rules that apply throughout the entire
community. When acting legislatively, the city has broad discretion and will be afforded considerable
deference by any reviewing court. City councils are ultimately accountable to the voters for legislative
decisions.
Conditional Use Permit (CUP). A conditional use is a land use designated in a zoning ordinance that is
specifically allowed in a zoning district so long as certain standards are met. The zoning ordinance
details both general standards that apply to all conditional uses, as well as specific standards that apply
to a particular conditional use in a given zoning district. A conditional use permit is a document a city
issues to grant a conditional use when the general and specific ordinance standards have been met by
the applicant. The use is allowed by permit only if the special concerns are addressed as set forth in the
zoning ordinance.
A city exercises so- called "quasi- judicial" authority when considering a CUP application. This means
that the city's role is limited to applying the standards in the ordinance to the facts presented by the
application. The city acts like a judge in evaluating the facts against the standards. If the applicant
meets the standards, then the CUP should be granted.
11. Zoning Code References
Section(s) 4 -32 Administration -- Amendments
4 -33(d) Administration — Conditional Use Permit
Planning Case Report 11 -10 Page 1 12/30/11
III. Property Specifications
Zoning:
R -1 Single Family Residential
Location:
Former New Hope Elementary School building, south of 47th Avenue N,
between Aquila Avenue and Del Drive.
Adjacent Land Uses:
Surrounded on all sides by R -1
Site Area:
13.43 acres
Building Area:
Clinic is proposed to be 930 square feet initially with the potential to expand
to 1,187 square feet in the future.
Lot Area Ratios:
Building area: NA
Paved area: NA
Green area: NA
Planning District:
Planning District 8. The Comprehensive Plan mentions maintenance issues at
the former New Hope school, especially trash and weeds. The plan speaks to
the need of the city and school district to partner to provide the best services
at the lowest cost to taxpayers.
IV. Background
The applicant is requesting a text amendment /conditional use permit to allow a medical clinic to be
located in the New Hope Learning Center, 8301 47th Avenue, in the R -1 zoning district, for all district
staff and their dependents. The clinic would be operated by an outside contractor, NeoPath, making
this a commercial use, which is not allowed in an R -1 district. Proposed hours of operation would be
within the hours of 7 a.m. to 7 p.m. The estimated patients per day are 40 with six medical office staff.
The school district is considering the clinic as a way to lower its growing medical costs. This formula
has been used successfully in the Brooklyn Center and Farmington school districts.
Staff met with the applicant to discuss the proposal and determined the best possible way to move
forward with the application was through a text amendment and CUP request. It was staff's
determination that language could be crafted in the ordinance such that the medical clinic could be a
use allowed by CUP only when accessory to a school facility. Limitations could be placed on the
accessory CUP to limit the operations of the clinic including size, hours of operation, parking, patients
served and signage.
The Planning Commission is being asked to consider two items, first the approval of the text
amendment for the accessory CUP use and second the approval of the CUP for the particular case. The
applicant will need approval of both requests from the Council to be permitted to operate.
V. Zoning Analysis
A. Plan Description
1. Parking
The parking demand from the proposed use should be minimal. The applicant expects a
maximum of six staff and 40 daily patients (three to four per hour). Together, the parking
demand should be no more than 14 stalls per hour (six staff plus four patients, possibly four
Planning Case Report 11 -10 Page 2 12/30/11
additional patients with overlapping appointments on rare occasions). The clinic will
require appointments and walk -ins will not be welcomed. This should help reduce the
number of patients on -site at any one time. The existing facility has more than enough
parking capacity to handle the additional demand. The CUP language as proposed would
require a school to demonstrate that adequate required parking is available on site to serve
both the school and clinic uses.
2. Building
No changes to the exterior of the building are proposed. The clinic will be located in the
space previously utilized for the principal's office. Minor interior work will be done to
convert the space. In all, 930 square feet of space is proposed for the clinic with the option to
expand slightly to 1,187 square feet. The ordinance as proposed would limit the space to
1,200 square feet.
3. Signage
The applicant is proposing no signage at the facility. The thought being that signage may
attract non - faculty patients to the site who would not be eligible to receive care at the clinic.
The applicant intends to place information at the building's main external door to identify
the clinic and its hours of operation. The draft ordinance would limit signage to one wall or
window sign located at the entrance. Signs would be limited to no more than 15 square feet
in area. No sign plan has been submitted by the applicant but they have stated they would
meet the requirements.
4. Neighborhood Character
Staff does not believe the use will have a negative effect on the neighborhood. Traffic to the
site will be minimal at best and the neighborhood is accustomed to some levels of traffic at
the school site already.
5. Project Specific Issues
The applicant has proposed to operate within the hours of 7 a.m. to 7 p.m. on weekdays. The
ordinance has been drafted to require the hours of operation be limited to those times.
The clinic will store and dispense prescription drugs at the clinic to clients at no cost. The
number of prescription drugs will be limited to 30 -60 generic medications and will be
available in pre - packaged units. No scheduled medications or narcotics will be stored or
dispensed as the clinic does not hold the appropriate license. The Police Department has
suggested that external windows be lit to avoid possible break -ins from those unaware that
narcotics are not held on site.
The clinic will offer services similar to other on -site clinics (i.e. MinuteClinic or Target
Clinic) including basic family practice, procedures and exams.
B. Zoning Code Criteria
1. Text Amendment. The City Council or Planning Commission may, upon its own motion,
initiate a request to amend the text or the district boundaries of the City Code. Additionally,
any person owning real estate within the city may initiate a request to amend the district
boundaries on their own property or text of this Code so as to affect the said real estate.
Planning Case Report 11 -10 Page 3 12/30/11
Criteria for decision. The Planning Commission and City Council shall consider possible
effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the
following factors:
(1) The zoning amendment is necessary to correct a past zoning mistake.
Findings. While considering the existing language to be a "mistake" may be a bit arbitrary,
the truth is that the city is a much different place now than when the code was drafted. The
economic reality is that new alternatives must be considered to reduce rising health care
costs. The proposed use has been shown to have a minimal impact, if any, on the
surrounding community and will be a good utilization of currently unused space.
(2) The character of the area has changed to warrant consideration of an amendment.
Findings. As stated in the previous item, the realities of the economy have changed and in-
house clinics may become more commonly used in the future.
(3) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city comprehensive
plan.
Findings. The Comprehensive Plan does not speak much to the particulars of future uses of
school buildings or properties. The plan does however speak to the need to provide services
to meet the needs of the community, maintain the tax base and encourage the school to
maintain and improve its facilities.
2. Conditional Use Permit. The purpose of a conditional use permit is to provide the city with a
reasonable and legally permissible degree of discretion in determining the suitability of
certain designated uses upon the general welfare, public health and safety.
Criteria for decision. The Planning Commission and City Council shall consider possible
adverse effects of the proposed conditional use. In determining whether to approve or deny
a conditional use permit, the City Council and Planning Commission shall find that the
conditional use permit complies with the following criteria. The burden of proof
demonstrating compliance with the following criteria shall be the responsibility of the
applicant.
(1) Comprehensive plan. The proposed action has been considered in relation to the
specific policies and provisions of and has been found to be consistent with the official
comprehensive municipal plan of the city.
Findings. See above.
(2) Compatibility. The proposed use is compatible with adjacent present and future
anticipated land uses.
Findings. The site has been a school or educational use since the area was developed in the
1960s and 1970s. This proposal will be a continuation of that use with an additional service
which will generate negligible amounts of traffic. The surrounding neighborhood is well
accustomed to traffic generated from New Hope and Cooper schools.
Planning Case Report 11 -10 Page 4 12/30/11
(3) Performance standards. The proposed use conforms with all applicable performance
standards contained in this Code.
Findings. As outlined previously in this report, the applicant has met all of the
requirements outlined in the performance standards or conditions have been placed on the
applicant. The draft CUP language was crafted to meet the needs of the clinic.
(4) No depreciation in value. The proposed use will not tend to or actually depreciate the
area in which it is proposed.
Findings. There should be no effect on property values as a result of this use.
(5) Zoning district criteria. In addition to the above general criteria, the proposed use
meets the criteria specified for the various zoning districts.
Findings. As outlined previously in this report, the applicant has met all of the
requirements outlined in the performance standards or conditions have been placed on the
applicant requiring the requirements be met when the application and narrative did not
meet them.
(6) In residential districts (R -1, R -2, R -3, R -4, R -5, R -B, R -O):
a. Traffic. Nonresidential traffic is channeled into thoroughfares or onto a street abutting
business or industrial uses leading directly to thoroughfares, and not onto minor residential
streets.
Findings. The traffic from the site is channeled to Boone or Winnetka avenues, but does
require the use of a minor residential street. As mentioned earlier, the parcel has been
utilized as a school /educational facility for decades and the surrounding neighborhood is
accustomed to school related traffic. While traffic is expected to increase slightly from the
existing condition, the increase is negligible and likely not noticeable.
b. Screening. The proposed use will be sufficiently separated by distance or screening from
adjacent residentially zoned land so that existing homes will not be materially depreciated
in value and there will be no deterrence to development of vacant land.
Findings. The building is existing.
c. Compatible appearance. The structure and site shall have an appearance that will not have
an adverse effect upon adjacent residential properties.
Findings. The building is existing.
Additionally, it should be noted that the applicant has met all of the requirements of the
proposed ordinance for a conditional use permit for a medical clinic accessory to a school
building.
C. Codes and Standards Committee
The Codes and Standards Committee met on December 14, 2011, to consider the proposal. The
Committee has reviewed the proposal and draft ordinance and recommended it for full
Planning Commission consideration.
Planning Case Report 11 -10 Page 5 12/30/11
D. Api2r oval
1. Type of Approval
a. Conditional Use Permit amendment — quasi - judicial
b. Text Amendment — legislative
2. Timeline
a. Date Application Deemed Complete: December 9, 2011
b. End of 60 -Day Decision Period: February 7, 2012
c. End of 120 -Day Decision Period: April 7, 2012
VI. Petitioner's Comments
"In our opinion, the proposed medical clinic hours of operation and facility use will create no
significant impact on the adjoining property owners. The hours of operation of the medical clinic and
the site traffic associated with the proposed medical clinic will be consistent with the range of traffic
associated with the school operation at the site."
VII. Notification
Property owners within 350 feet of the property were notified and staff has received no comments.
VIII. Summary
The applicant is requesting a text amendment /conditional use permit to allow a medical clinic to be
located in the New Hope Learning Center, 8301 47th Avenue, in the R -1 zoning district, for all district
staff and their dependents. Staff met with the applicant to discuss the proposal and determined the best
possible way to move forward with the application was through a text amendment and CUP request. It
was staff's determination that language could be crafted in the ordinance such that the medical clinic
could be a use allowed by CUP only when accessory to a school facility. Limitations could be placed on
the accessory CUP to limit the operations of the clinic including size, hours of operation, parking,
patients served and signage.
The Planning Commission is being asked to consider two items, first the approval of the text
amendment for the accessory CUP use and second the approval of the CUP for the particular case. The
applicant will need approval of both requests from the Council to be permitted to operate.
IX. Recommendation
Staff recommends approval of the requested text amendment and conditional use permit for a clinic at
830147th Avenue with the following conditions:
1. Submission of a sign permit for any wall or window signage.
2. Illumination of exterior windows. Plans to be approved by the building official and public
safety.
Planning Case Report 11 -10 Page 6 12/30/11
Attachments:
• Application
• Applicant narrative (December 9, 2011)
• Plans
• Location maps
• Planning consultant memorandum (December 28, 2011)
• Codes and Standards meeting notes (December 14, 2011)
• Proposed ordinance
• Application log
Planning Case Report 11 -10 Page 7 12/30/11
Applicant acknowledges that before this request can be considered and /or approved, all fees, including the basic
zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city and
that, if additional fees are required to cover costs incurred by the city, the city manager has the right to require
additional pavment.
The city hereby notifies the applicant that state law requires that the development review be completed within
60 days from the city's acceptance of this application. If the development review cannot be completed within 60
days, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as
also permitted by state law. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant in writing. The Community Development Department will notify you of
all meetings.
Signed:
Fee Owner (prinfV Ti PrseGS _ `%ter cir 1�ic5e nF�s Sir a rL�
Applicant Other than Owner (print or type)
Evidence of Ownership Submitted:
Yes No Required
Certified Lot Survey:
Yes No Required
Legal Description Adequate:
Yes No Required
Legal Ad Required:
Yes No Required
Date of Design & Review Meeting:
Date of Planning Commission Meeting:
Approved: Denied:
By Planning Commission on:
Approved: Denied:
By City Council on:
Subject to the following conditions:
Why Should Request be Granted:
• The proposed medical clinic will help to serve the medical needs of the school district employees
and their dependents, including employees at the New Hope Learning Center.
• The proposed medical clinic hours of operation are consistent with the school hours of operation.
The medical clinic hours of operation would be on a Monday through Friday basis and be within
the hours of 7 AM to 7 PM.
• Additional vehicle traffic at the New Hope Learning Center associated with the proposed medical
clinic is estimated at a maximum of 40 daily customers and 6 medical office staff.
• The existing parking lot has excess parking stall capacity to accommodate the proposed medical
clinic operation. The parking lot stall use for the medical clinic is estimated at six medical staff and
three customers. The parking lot has in excess of 150 parking lot stalls. Recently a check over
several days identified that there was a minimum of 50 open stalls in the parking lot. When
considering the future operation of the school program, it is our opinion that there would typically
be a minimum of 20 open parking lot stalls during the hours of operation of the proposed medical
clinic.
• In our opinion, the proposed medical clinic hours of operation and facility use will create no
significant impact on the adjoining property owners. The hours of operation of the medical clinic
and the site traffic associated with the proposed medical clinic will be consistent with the range of
traffic associated with the school operation of the site.
Location: New Hope Learning Center
830147" Ave. N
New Hope, MN 55428
Square footage: 930 sq. ft. to begin with estimated to grow to 1187 sq. Ft. in 12 months. As the program evolves it may be
necessary for us to secure another location to provide clinic services within the district that may or may not be within the City
of New Hope.
Patient access:
Signage: On external door indicating clinic with hours of operation. NeoPath would prefer not to place signs in the public
domain as this may draw attention to individuals who do not have access to the provider services.
Hours of operation: Monday through Friday, lam to 7pm
Staff: Up to 2 practitioners (Physician or Midlevel), 2 LPNs, l assistant, I health coach
Patient flow: Up to 40 patients in 12 hours is our maximum capacity.
Prescription Medication:
Prescription Drugs, dispensed at the workplace at no cost to the patients is a significant component of the onsite clinic.
Medication distribution serves two major functions the first is marketing; this will drive patients into the clinic because
financial barriers to medication have been removed. The second and more important function is as the patients come into to
receive their medication the clinicians further their relationship with the patient and can monitor medication compliance or
the needs to change /remove prescriptions as their health enhances.
We do not carry any scheduled medications and we do not dispense narcotics, we do not have a DEA qualifying certificate.
Our formulary is limited from 30 to 60 generic medications ranging from antibiotics to birth control to generic statin
medications.
CLIA Waived on site Laboratory:
CLIA defines a clinical laboratory as any facility which performs laboratory testing on specimens derived from humans for the
purpose of providing information (1) for the diagnosis, prevention, or treatment of disease or impairment, and (2) for the
assessment of health. An objective of the CLIA is to ensure the accuracy, reliability and timeliness of test results regardless of
where the test was performed. Common waived tests we perform are strep tests, pregnancy tests, lipid profile and blood
glucose monitoring.
Services Provided — See other document.
Family Practice includes: Procedures /exams available on -site: Referrals available:
Addictions
Allergy
Annual exams
Asthma
Blood disorders
Brain & nervous systems disorders
Family planning
Food & nutrition
Gynecology
Heart disease & stroke
Health issues for children
Health issues for men
Health Issues for women
Hormone problems
Assessment
Infections
Kidney disease
Mental health & behavior
Osteoporosis
Liver function test
Cholesterol test (full lipid profile)
Blood sugar
Pregnancy test
Urine test
Hemoglobin
Sports and camp physicals
DOT and bus driver physicals
Skin biopsy
Tetanus shots
Stiches and skin glue
Joint injections
Trigger point injections
Splinting
EKG
Intralesional cortisone injections
Pap smears
Mole and skin tag removal
Physical therapy
Chiropractic therapy
Cardiology
Dermatology
Diabetic education
Rheumatology
Endocrinology
Orthopedics
Ear, Nose & Throat
Programs available:
Smoking Cessation
Nutrition
Health Risk
Health Education
Weight Loss
Wellness initiatives
Health coach initiative
Pain disorders
needed
Skin disorders
Sexually transmitted disease
Psychiatry
Sports Medicine
Initial Worker's Comp
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4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2581 planners @nacplanning.com
TO: Curtis Jacobsen
FROM: Alan Brixius
DATE: December 28, 2011
RE: New Hope — ISD 281 Text Amendment/Conditional Use Permit
FILE NO: 131.01 — 11.05
.y - • 10 r
ISD 281 wishes to open a medical clinic within the New Hope Learning Center located
at 830147 th Avenue North. The proposed medical clinic would serve the medical needs
of the School District employees and their dependents throughout the district.
The site is zoned R -1, Single Family Residential District which allows public education,
religious buildings, and public or semi - public recreational buildings by conditional use
permit. In examining the proposed clinic use, staff finds that this is not a school use in
that:
The clinic is not exclusive to serving the staff and students of the school or high
school campus. The service population is the entire School District employees
and their dependents, bringing customers to the site.
2. The services are provided by an outside for profit contractor.
In this respect, staff finds this is a commercial use that goes beyond the umbrella of
school uses and activities. Commercial uses are not permitted within the R -1 District.
Section 4 -1(g) of the New Hope Zoning Code states:
(g) Prohibition of uses not specifically authorized. Whenever in any zoning
district a use is neither specifically permitted nor denied, the use shall be considered
prohibited. In such case the city council or the planning commission, on its own initiative
or upon request, may conduct a study to determine if the use is acceptable and if so
what zoning district would be most appropriate and the determination as to conditions
and standards relating to development of the use. The city council, planning
commission or property owner, upon receipt of the staff study shall, if appropriate, initiate
an amendment to the zoning code to provide for the particular use under consideration
or shall find that the use is not compatible for development within the city.
Faced with this staff opinion, ISD 281 staff met with City staff to discuss their options for
pursuing this use. Based on that meeting, the applicant has submitted a development
application requesting a zoning text amendment to the R -1 District, allowing the medical
clinic as a conditional use. They also requested a conditional use permit pending
approval of the text amendment.
The R -1, Single Family District provides for low density single family detached dwelling
units directly related to accessory uses and complementary uses. Within this district,
the City allows schools, churches, and community centers as a conditional use. This
allowance recognizes that these public uses contribute to the neighborhood and the
community and fit within the residential neighborhood.
Commercial uses are segregated from the City's single family neighborhoods. Staff
raises concerns over the use of schools or churches for commercial uses within the R -1
District due to the following issues:
Controlling the type, size and intensity of the proposed commercial activities.
While the proposed clinic is seen as a benign use that may not negatively impact
the adjoining neighborhoods, staff raises concerns over other commercial uses
that may be interested in contracting with schools or churches to provide
services. In this regard, any draft ordinance intended to accommodate the clinic
shall define the specific use accessory to the school and limit the size.
2. The proposed clinic will attract customers from beyond the school campus. This
will introduce customers and traffic that goes beyond the school use. In this
regard, a draft ordinance must address the location of the clinic, site access, and
parking.
3. The introduction of commercial use within a school in a residential district raises
concern for site and building appearance related to site lighting, signage, and
security.
The decision to change the New Hope Zoning Code is a policy decision left to the
Planning Commission and City Council. The Codes and Standards Committee met on
December 14, 2011 to discuss the merit of this requested text amendment. At that
meeting, they reviewed ISD 281's proposal and the attached draft ordinance
amendment. The Codes and Standards Committee felt that the proposed clinic could fit
the school site in a compatible manner provided the conditions of the draft ordinance
are met. The Codes and Standards Committee endorsed the attached draft
amendment.
2
In addition to the text amendment, ISD 281 also requested a conditional use permit to
allow the clinic to occupy the New Hope Learning Center if the text amendment is
approved. In this section of the report, we will evaluate the proposed clinic against the
criteria of the draft text amendment.
Medical Clinic Accessory to a School Building
When this request first was presented to City staff, we were concerned with the leasing
vacant school floor space to commercial uses. Schools are allowed as a conditional
use permit (CUP) in an R -1 District. The introduction of commercial uses within the R -1
District would be contradictory to the purpose of the district.
The proposed use is a medical clinic that is accessory to the school, serving only
School District personnel and their dependents. No other clientele may patronize the
clinic. In this light, the clinic is accessory to the school.
a. The clinic is located within an existing school building.
Comment: The proposed clinic would be located in the center building of the
New Hope Learning Center, which is part of the larger Cooper High School
campus.
b. The clinic exclusively serves the school and/or the School District employees and
dependents.
Comment: The proposed medical clinic will serve the medical needs of the
School District employees and their dependents. The anticipated patient flow will
be 40 patients in a 12 hour period at maximum capacity. The clinic will take
patients by appointment to avoid walk in and long waiting times.
C. The clinic shall not exceed one thousand two hundred (1,200) square feet in total
floor area.
Comment: The initial clinic shall be 930 square feet with the potential to grow to
1,187 square feet within 12 months. The School District indicated that if they
needed more space, they may need to secure another clinic location elsewhere
in the School District. The clinic size meets the City's standards.
d. The school shall demonstrate that adequate parking is available on site to serve
the school and the clinic.
Comment: The clinic will be staffed by six employees and will receive patients at
a maximum capacity of 40 people over a 12 hour period. The patient flow will be
by appointment. Based on these use characteristics, we estimate the following
parking demand:
Employees (1 staff per employee) 6 stalls
Patients* (4 patients per hour X 2) 8 stalls
14 stalls
* Patient parking estimates 40 patients per 12 hour day, resulting
in four patients per hour, multiplied by two to account for overlapping
arrivals and departures.
The New Hope Learning Center site provides 161 parking stalls. This site
contributes to the overall parking supply to the larger Cooper High School
campus. The introduction of the clinic with a 14 stall parking demand will fit
within the existing available parking.
e. Clinic hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through
Friday.
Comment: These hours have been established to have clinic hours correspond
to school activities to reduce impacts on adjoining neighborhoods. The clinic's
hours of operation correspond to the City's standards.
f. Clinic signage shall be limited to one (1) wall or window sign located at the
building entrance to the clinic. Signs shall not exceed fifteen (15) square feet in
area.
Comment: The clinic will take access from the building's east entrance off the
parking lot. No sign plan has been provided, however, the applicant has
indicated that they wish to install a window sign at the building entrance that will;
meet the aforementioned standards.
In staff development review, issues were raised of security related to on site drugs. The
applicant has indicated that they will not dispense narcotics from the site. The clinic will
be accessed from the building's internal hallway. Public safety suggests that the clinic's
external windows be well illuminated to discourage break ins and for ease of police
patrol.
The Planning Commission must make a policy decision on the acceptability of the
medical clinic in the R -1 District. The draft ordinance attempts to mitigate potential
impacts that may be presented by a clinic in the school. The applicant is comfortable
with restrictions of the proposed ordinance. The Codes and Standards Committee has
reviewed the draft ordinance and recommended it for full Planning Commission
rd
consideration. If the Planning Commission is comfortable with the amendment, we
would recommend the Planning Commission recommend approval of the City Attorney's
version of the draft ordinance.
If the text amendment is recommended for approval, staff can recommend approval of
the requested conditional use permit for a clinic at 8301 49 Avenue with the following
conditions:
1. Submission of a sign permit for any wall or window signage.
2. Illumination over exterior windows, plans to be approved by the Building
Inspector and public safety.
DESIGN & REVIEW COMMITTEE
December 15, 2011
Committee: Anderson, Houle, Nirgude, Onadipe, Svendsen
The Development Review Team met on December 14 to consider a request for a text amendment to
allow by conditional use a medical clinic in a school building at 830147th Avenue North.
Staff: Axel, Coone, Fournier, Rader, Surratt, Weiss
Consultants: Brixius
PLANNING CASE: 11 -10
PROJECT: Text Amendment /Conditional Use Permit
ADDRESS: 8424 46th Avenue North
ZONING: R -1, Single Family Residential
PROPERTY OWNER: Independent School District 281
APPLICANT: Independent School District 281
DESCRIPTION: The applicant is requesting a text amendment /conditional use permit to allow a medical
clinic to be located in the New Hope Learning Center, 830147th Avenue, in the R -1 zoning district, for all
district staff and their dependents. The clinic would be operated by an outside contractor, making this a
commercial use, which is not allowed in an R -1 district. Proposed hours of operation would be 7 a.m. to
7 p.m. The estimated patients per day are 40 with six medical office staff.
The Development Review Team was somewhat apprehensive of the request but believes many of the
concerns may be addressed by the requirements of the proposed text amendment. The team had the
following comments and concerns:
Comments:
• Concern with limiting the proposed use to this site
• Additional traffic
• Demonstrate adequate parking for when school is in session
• Provide details on security for where drugs would be stored
• Add exterior security lighting
• No exterior signage
ATTACHMENTS:
• Application
• Narrative
• Northwest Consultants (planning) notes
• Maps
NOTE: REVISED PLAN DEADLINE is Friday, December 23, by 3 p.m.
Planning Commission, Tuesday, January 3, 7 p.m.
City Council, Monday, January 23, 7 p.m.
ORDINANCE NO. 12 -01
AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE
PERMITTING BY CONDITIONAL USE A MEDICAL CLINIC
IN AN EDUCATIONAL BUILDING IN RESIDENTIAL DISTRICT
The City Council of the City of New Hope ordains:
Section 1 . Section 4 -5(e) "Conditional uses, R -1" of the New Hope City Code is hereby
amended by adding subsection 4- 5(e)(6) "Medical clinic accessory to educational building" to read
as follows:
(6) Medical clinic accessory to educational building. Medical clinic accessory to
educational building provided that:
a. The clinic is located within an existing educational building.
b. The clinic exclusively serves the school and /or the school district
employees and dependants.
c. The clinic shall not exceed one thousand two hundred (1,200) square feet
in total floor area.
d. The school shall demonstrate that adequate required parking is available
on site to serve both the educational building and the clinic.
e. Clinic hours of aeration shall be limited to 7:00 a.m. to 7:00 p.m.
Monday through Friday only.
f. Clinic signage shall be limited to one (1) wall or window sign located at
the building entrance to the clinic. Signs shall not exceed fifteen (15)
square feet in area.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of , 2012.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
—1—
(Published in the New Hope - Golden Valley Sun -Post the day of , 20
P:IATTORNEY\SAS11 CLIENT FILES%2 CITY OF NEW I IOPE%99- 81201 (NED CLINIC IN SCHOOL BLD) \ORDINANCE 12- 01,DOC
–2–
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A
B
C
D
E
F
G
H
I
J
Appli-
Applicant
Date
Date Applicant
Date 60-
Date 60-
Date
Deadline
Date city
Date city
cation
application
was sent
day time
day
Applicant
for city
approved or
sent response
number
Name
received
notice
limit
extension
was notified
action
denied the
to Applicant
Address
by city
that required
expires
expires
of
under
application
Phone
information
extension
extension
was missing
or waiver
11 -10
Jim Gerber
12/9/11
Indep School Dist 281
2/7!12
417/12
4148 Winnetka Ave N
New Hope MN 55427
8301 47th Ave N
Boxes A -C and E -F will always be filled out. Whether the other boxes are filled out depends on the city's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the city received the application.
D. List the date the city sent the Applicant notice that required information was missing. If the city gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60 -day limit, include all calendar days.
F. To calculate the 60 -day extension, begin counting from the day following the first 60 -day limit, include all calendar days.
G. The city will notify the Applicant by mail that a 60 -day extension period applies to the application. (The date in Box G must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
1. The city must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the city sent notice of its action to the Applicant. It is best if the city not only takes action within the time limit, but also notifies the Applicant before the
time limit expires.
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES December 6, 2011
City Hall, 7 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Chair Houle called the meeting to order at 7 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Jeff Houle, Sandra Hunten,
Roger Landy, Sunday Onadipe (arrived 7:03 p.m.), Steve
Svendsen
Absent: Ranjan Nirgude, Tom Schmidt
Also Present: Curtis Jacobsen, Director of Community Development, Steve
Sondrall, City Attorney, Eric Weiss, Community Development
Assistant, Pamela Sylvester, Recording Secretary
OATH OF OFFICE The oath of office was administered to Mr. Christopher McKenzie and he was
welcomed to the commission.
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 11 -08 Chair Houle introduced Item 4.1, request for a conditional use permit to
Item 4.1 allow a firearms training facility (commercial recreation) in the industrial
district, 5121 Winnetka Avenue North, Sealed Mindset Training, LLC,
petitioner.
Mr. Eric Weiss stated that Sealed Mindset Training (SMT) was requesting a
conditional use permit to allow a firearms training facility in an industrial
zoning district at 5121 Winnetka Avenue North. The site contains 8.6 acres,
and is surrounded by industrial uses to the west, north and east. Various
residential uses are located to the south of the site. The building is located in
planning district no. 5 which identified the site for potential redevelopment.
Sealed Mindset Training was formed through a partnership between Sealed
Mindset and Range Systems. SMT is a provider of innovative training
courses that provide personal safety, crime avoidance, and defense skills.
SMT has utilized Range Systems' facilities for the past 18 month, however,
due to increased demand, desires to expand into its own tenant space. Range
Systems' proprietary technology, SMASH technology and gunfighter range
design allows a range to be installed within an existing commercial space
with little to no modification to the building. This system improves safety
and reduces noise impacts.
Mr. Weiss stated that access and circulation on the site would not change. No
outdoor landscaping improvements are proposed. The submitted plans
indicate parking at 246 stalls and five handicap stalls. Not all of the stalls are
striped at this time. Another tenant in the building is utilizing 35 parking
stalls for outdoor storage, leaving 211 stalls available for use. Due to the
building's current and proposed internal uses, city code would require 177
stalls. Most of SMT's classes would be conducted in the evening and
weekend special events should not pose any concern for the overall parking
demand.
The two -story industrial building currently houses three businesses with two
more tenants proposed and one vacancy. SMT would be located on the first
floor in the middle of the building. The building -in -a- building technology
and design of the range system would help to reduce noise impacts and
muffle noise from gunfire. A private range already exists in the Range
Systems' facility with no impact to neighboring businesses or residents.
A comprehensive sign plan was submitted by the property owner. Signs
would be less than 15 percent of the wall area and less than 100 square feet in
area, which meets city code for a multi -tenant building. The property owner
included three "for lease' signs in its application, however, per code, one
sign must be eliminated.
No additional lighting was proposed, nor would any utility changes be
required. The building is and will be fully sprinkled and would have a fire
alarm system per code. Outdoor storage for one of the tenants would be
limited to what has been proposed and should be shown in more detail on
the plan. Services, loading and trash are handled at the rear of the building.
Mr. Weiss continued by stating that no exterior renovations would take place.
Noise and parking were addressed to reduce potential impacts on the
character of the neighborhood. There is a large distance and an existing
landscaped berm separating the building from residential areas to the south.
No environmental impacts are expected. SMT and Range Systems have
processes in place to responsibly handle gun by- products.
Mr. Weiss stated that the approval process for a conditional use permit
requires the applicant to meet a number of criteria. If that is done
satisfactorily, the CUP should be approved. Criteria for commercial
recreation facilities include: 1) access to an arterial (Winnetka Avenue) or
collector street; 2) compatibility with other uses in the building; 3) existing
lighting is hooded and not visible from the residential zoning districts; 4)
areas not occupied by the building or landscaping are surfaced with
bituminous; and 5) no landscaping alterations are proposed.
Criteria to consider for a conditional use permit include: 1) consistency with
the comprehensive plan, 2) compatibility with adjacent uses - efforts have
been made to reduce all possible impacts; 3) use conforms to city's
performance standards — only concerns are with outdoor storage, striping of
the parking lot, and limiting signage; and 4) depreciation — additional tenant
space should increase value of building. Additional criteria include the
potential for nuisance with regard to noise and parking. The use should
provide an economic return to the community by bringing jobs and
clients /customers to other businesses in the city.
Mr. Weiss stated that the Design and Review Committee considered the
Planning Commission Meeting 2 December b, 2011
proposal and was supportive of the proposal. The committee requested
additional information relating to parking, outdoor storage, building floor
plan, and comprehensive sign plan. Revised plans were received. Property
owners within 350 feet of the site were notified and no comments were
received.
Mr. Weiss stated that based upon review of the application, staff is
recommending approval subject to the three conditions in the staff report.
Mr. Larry Yatch, Sealed Mindset Training, 5121 Winnetka Avenue North,
came forward to answer questions of the Commission. He stated he had been
a U.S. Navy SEAL for over 10 years until he was wounded in Iraq. His wife
has her Master's degree in International Security and Counterterrorism.
Together they determined to train civilians to protect themselves. To date,
they have trained over 700 citizens in the Minneapolis area. Mr. Yatch
stressed that their primary concern is safety. They give individuals the
knowledge to identify threats, assess dangerous environments and take
action to avoid conflict whenever possible. They train individuals to safely
use firearms, including hand guns, shotguns, and rifles. All members are
required to go through background checks and an assessment of skills.
SMT's firearms are stored on site in a locked area, as well as members'
firearms, if they so desire. A surveillance system will be installed to monitor
all internal rooms and doors and all external doors.
Commissioner Brinkman questioned what other training they offer. Mr.
Yatch replied that SMT offers programs on travel safety, college safety,
defensive flashlight, and firearms safe handling and storage. Many of the
classes do not require range usage. SMT's biggest innovation in actual
firearms training is the use of programmed dry -fire and live scenario based
training. These techniques require the specialized space, but do not require
live shooting, which is safer for customers and instructors. He added that 75
percent of the space is utilized for non - firearms training.
Commissioner Brinkman asked for clarification of the special events. Mr.
Yatch responded that sometimes he has an outside expert come in to train
members. There are no competitions at this time, but it may be possible in the
future.
Mr. Yatch stated that he also sells some firearms on site.
Commissioner Onadipe inquired about procedures to deter theft. Mr. Yatch
replied that the firearms are stored in the innermost space. There is an
instructor at the reception desk and several security doors to go through
before reaching the locked storage area. All instructors are former military or
law enforcement personnel. An alarm system is activated after hours on all
outside and inside doors. The city's police chief visited the site and was
supportive of the request.
Commissioner Svendsen asked for an explanation of the wall construction
materials. Mr. Yatch explained that the wall would be constructed of a steel
Planning Commission Meeting 3 December 6, 2011
mesh attached to the stud walls with a reinforced drywall over the mesh.
Chair Houle inquired if anyone in the audience wished to address the
Commission.
Ms. Betsy McMillan, 5041 Wisconsin Avenue North, stated she was
concerned with safety and the transportation of weapons to the site, noise
and traffic.
Mr. Yatch explained that members must follow strict rules and, if bringing
firearms to the site, must have them unloaded, cased and locked. With regard
to noise, he explained that they utilize a unique range design and Acoustic
Dura -Panel. The range design would be a box within a box. The shooting
range is a free standing structure that is housed within insulated interior
walls. The range is further buffered by an airspace and the external walls of
the building. Each wall and airspace combination dramatically reduce the
transmission of sound waves. The Dura- Panels have a rubber composition to
assist with noise abatement.
Ms. McMillan inquired as to the hours of operation. Mr. Yatch stated that
most of the training is done in the evening so members can come after work
until approximately 9 p.m. The instructor to student ratio is one to eight.
Special events would typically be held during the day on a weekend. There
are six shooting lanes.
Commissioner Brinkman wondered whether or not there was any noise from
the current shooting range and the answer was no. He also wondered
whether there would be cameras in the parking lot. Mr. Yatch responded that
there would be a camera at the front door which would capture a large
portion of the parking lot.
Ms. McMillan asked for clarification on membership. Mr. Yatch stated that
firearms training is a complex skill and members attend classes regularly and
have to practice to keep up their skills, therefore, they come back to the
facility on a regular basis.
Ms. Jeanne Kaufman, 5017 Wisconsin Avenue North, inquired if the classes
were open to the public. Mr. Yatch replied that many non - firearms students
attend classes for instruction on family and personal safety and to gain the
knowledge to defend themselves. SMT has created an environment and
programs that are comfortable for individuals who are not familiar with
firearms. The most individuals at the facility at one time could be 24
members and eight individuals in a classroom, plus instructors.
Mr. Scott Tankenoff, managing partner with Hillcrest Development, came
forward and stated that Sealed Mindset Training and Range Systems were
good assets for the building. Range Systems is the largest client in the
building and have been there for over 10 years. He added that Hillscrest
purchased the building last year and they have done a lot of upgrading and
site cleanup. The building is close to 100 percent occupied. Mr. Tankenoff
mentioned that they do background checks prior to leasing space to potential
Planning Commission Meeting 4 December &, 2011
tenants. They would be striping the parking lot next spring.
There was no one else in the audience wishing to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
close the public hearing regarding Planning Cast 11 -08. All voted in favor.
Motion carried.
Chair Houle stated that Commissioner Schmidt had contacted him regarding
this request and offered his support.
MOTION Motion by Commission Landy, seconded by Commissioner Svendsen, to
Item 4.1 approve Planning Case 11 -08, request for a conditional use permit to allow
a firearms training facility (commercial recreation) in the industrial
district, 5121 Winnetka Avenue North, Sealed Mindset Training, LLC,
petitioner, subject to the following conditions:
1. The parking lot is properly striped to provide the required number of
parking stalls by May 15, 2012.
2. The property owner shall provide a site plan that identifies the limits
of allowed outdoor storage subject to the regulations of the New Hope
Zoning Code. No outdoor storage shall be permitted within the
required parking and driveway locations.
3. Approval of the comprehensive sign plan provided the number of
"For Lease" signs are limited to one per frontage. No "For Lease" sign
shall exceed 64 square feet.
Voting in favor:
Anderson, Brinkman, Houle, Hunten,
Svendsen
Voting against: None
Absent: Nirgude, Schmidt
Motion approved.
Landy, Onadipe,
Chair Houle stated the City Council would discuss this request at its meeting
on December 12, 2011.
COMMITTEE
REPORTS
Design and Review Commissioner Svendsen reported the Design and Review Committee met
Committee with the applicant. Mr. Jacobsen added that the committee would be meeting
Item 5.1 in December on a driveway variance.
Codes and Standards Mr. Jacobsen stated that a Codes and Standards Committee meeting has been
Committee scheduled for December 14 at 6 p.m. to review a request from the school
Item 5.2 district for a text amendment to allow a small in -house clinic for staff and
their dependents at the New Hope Elementary School.
Commissioner McKenzie was assigned to the Codes and Standards
Committee.
Planning Commission Meeting 5 December 6, 2011
NEW BUSINESS There was no new business to discuss.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
Item 7.1 approve the Planning Commission minutes of August 3, 2011. All voted in
favor. Motion carried.
Mr. Jacobsen updated the commission on several potential redevelopment
projects in the city, including Kmart, Winnetka Learning Center site, 6113
West Broadway, and a potential scattered site housing project at 3757
Gettysburg Avenue.
ANNOUNCEMENTS Commissioner Brinkman gave a report on the school district's proposed
change for contracting bus services.
Mayor Hemken requested that commissioners participate in a brief online
survey on the city's website which is designed to measure resident's
satisfaction with several core city services. The survey is part of a
Performance Measurement Program coordinated by the state of Minnesota
and developed by the League of Minnesota Cities. Commissioner Landy
added that the neighborhood watch groups would also be completing the
survey.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:27 p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
Planning Commission Meeting 6 December 6, 2011