010312 planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES January 3, 2012
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, Christopher McKenzie, Sunday Onadipe, Tom
Schmidt
Absent: Ranjan Nirgude, Steve Svendsen
Also Present: Curtis Jacobsen, Director of Community Development,
Steve Sondrall, City Attorney, Alan Brixius, Planning
Consultant, Eric Weiss, Community Development Assistant,
Pamela Sylvester, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 11 -10 Chair Houle introduced Item 4.1, request for text amendment and
Item 4.1 conditional use permit (CUP) to allow a medical clinic in a school facility,
8301 47th Avenue North, Independent School District 281, petitioner.
Mr. Eric Weiss stated that Independent School District 281 was requesting
two separate zoning approvals — a text amendment for a medical clinic
accessory to a school building and a conditional use permit for a medical
clinic to be located at the New Hope Learning Center at 8301 47th Avenue
North. The site is located in an R -1 single family residential zoning district
and is surrounded by R -1 properties. The parcel contains 13.43 acres. The
proposed clinic would be 930 square feet initially with the option to
expand to 1,187 square feet. The site is located in Planning District No. 8
which speaks to maintenance issues and the need for the city and school
district to partner to provide the best services at the lowest cost to
taxpayers.
Mr. Weiss stated that the school district was proposing a medical clinic
for its staff and their dependents in an effort to lower its medical
insurance costs. NeoPath Health would operate the clinic. The proposed
hours of operation would be 7 a.m. to 7 p.m. on weekdays. The maximum
number of patients per day would be 40 with six medical staff on site.
Parking demand should be no more than 14 stalls per hour (six staff and
four patients). The existing facility has ample parking to accommodate
this use. There would be no changes to the exterior of the building. The
clinic would be located in an existing 930 square foot office space, with
the potential to expand into another small space and increase the square
footage to 1,187. The proposed ordinance would limit the size to 1,200
square feet. No signage has been proposed except for a small window
sign to be placed at the building's main entrance. The ordinance would
limit signage to one 15 square foot wall or window sign located at the
entrance. No sign plan was submitted with the application. Mr. Weiss
indicated staff did not believe the use would have a negative impact on
the neighborhood. Traffic to the site would be minimal and similar to
what the neighborhood is accustomed to from the high school across the
street.
Mr. Weiss explained that the clinic would store and dispense prescription
drugs to clients at no cost. The number of prescription drugs would be
limited to 30 -60 generic medications and would be available in pre-
packaged units. No scheduled medications or narcotics would be stored
or dispensed at the clinic as it does not hold the appropriate license.
The police department suggested that exterior windows be illuminated at
the entrance to avoid possible break -ins, which is a condition of approval.
Mr. Weiss explained that any property owner may request an amendment
to the city code. The Planning Commission and City Council then
considers the amendment based on 1) whether or not there was a past
zoning mistake; 2) the area had changed to warrant an amendment; and
3) the proposed action was in relation to specific policies and provisions
of the Comprehensive Plan. Upon review by staff and the Codes and
Standards Committee, it was determined that the city had changed from
when the code was first adopted and the use would have minimal impact
on the neighborhood. The economy has changed drastically in the past
few years and alternatives to controlling costs should be considered. The
Comprehensive Plan outlines the need to provide services to meet the
needs of the community, maintain the tax base, and encourage the school
district to maintain and improve its facilities.
The conditional use permit should be approved if the applicant meets
certain criteria and is consistent with the Comprehensive Plan. The site
has been an educational facility since the area was developed. The
proposal would be a continuation of that use with an additional service
offered for staff. The proposed use would not affect property values.
Additional criteria for the R -1 zoning district include traffic, screening
and compatible appearance. Traffic from the site would be channeled to
Winnetka or Boone avenues from 47th Avenue, which is the same traffic
pattern that has been used from both Cooper and New Hope
Elementary /Learning Center for many years. The existing building is set
back quite a distance from adjacent homes. No exterior changes would be
made to the existing building. The applicant has met all requirements of
the code.
Mr. Weiss stated the Codes and Standards Committee discussed the text
amendment, was generally supportive and recommended approval.
Property owners within 350 feet of the site were notified and staff
received no comments.
Planning Commission Meeting 2 January 3, 2012
Mr. Weiss stated that staff recommended approval of the text amendment
and conditional use permit subject to the two conditions listed in the
planning report.
Chair Houle stated that the commission should discuss and vote on the
text amendment first and then discuss and vote on the conditional use
permit request.
Commissioner Anderson questioned how the city would handle a similar
request from another business or was the text amendment only related to
schools. Mr. Sondrall answered that the text amendment would apply to
any educational facility in an R -1 zoning district. The clinic would be an
accessory use to the school for its employees and dependents only.
Discussion ensued on a hypothetical situation for a church potentially
requesting an auto body shop for its members. Mr. Sondrall stated that
the school district's request for a medical facility was supporting the
employees of the school and the facility. A church implementing an auto
body shop could not be justified as an accessory use to the church. If the
church requested a medical clinic for its members, the city may have to
consider the request. Section 4- 5(e)(1) of the city code addresses
conditional uses for educational, religious and public facilities in the R -1
zoning district. Chair Houle cautioned that allowing any commercial
business in a residential district was not a good idea. Mr. Sondrall
explained the text amendment would open up accessory uses in schools,
public and religious buildings. Commissioner Schmidt interjected that the
use in the school was a staff benefit. For the church example, the use
would be for customers rather than staff. Mr. Sondrall stated one
difference between the district's request and a charter or private school is
that a charter school may be one stand -alone building and the clinic
would serve the employees in that building rather than several district -
wide buildings. Students attending the school would not be eligible to go
to the clinic. The reason for the clinic was to help with the insurance plan
costs for the district and to serve only those people on that insurance
plan. Another example cited was if a church wanted a clinic, it would be
open to their employees not the congregants. If the church was part of a
district -wide group, the clinic would be open for all employees that were
part of that specific group.
Commissioner Onadipe stated that he understood that this site does not
have students like a traditional school, but offers other programs, such as
early childhood education and administrative services for other programs
in the district. He stated he felt that, due to the fact that there were no
students, this facility was no different than any other commercial
business. Mr. Sondrall interjected that the proposed ordinance sets a
limitation on the square footage of the clinic, which would make it
difficult to establish a commercial business in a residential district.
Mr. Brixius added staff's initial concern was bringing a commercial use
Planning Commission Meeting 3 January 3, 2012
into the residential area and how best to ensure that it would be
compatible. The first component was to determine how to single out this
use, narrow the focus and range of uses, and tie it to the school district.
Staff wanted to be sure the district could not divide up the partially used
school and turn it into a shopping center. For commercial zoning
districts, the city code distinguishes businesses allowed as a permitted or
conditional use versus those not allowed. The ordinance was drafted as a
clinic specific use accessory to a school or education building. The second
component was to make sure the site did not become open to general
retail or a service center. Other options included limiting the size to 1,200
square feet, limiting the patients for the clinic to school and district
employees and their dependents. The clinic could possibly be used on an
emergency only basis for a student, if needed. Potential other commercial
uses in a school building were a concern to staff, as well as traffic,
parking, exterior building changes, signage, and outside lighting.
A question was raised whether or not this would set a precedent and the
city attorney stated that it would not as every application would be
reviewed on its own merit. An applicant would have to meet the code
requirements for requesting a text amendment in an R -1 district.
Mr. Jim Gerber, director of facilities for District 281, and Mr. Joe
McErlane, president and chief marketing officer for NeoPath Health,
came forward to answer questions of the Commission.
Chair Houle inquired as to the length of time existing clinics have been
operating. Mr. McErlane stated that the Brooklyn Center school clinic
opened in May 2010 and Farmington opened in June 2011. Both have been
well received. Brooklyn Center has 76 percent employee usage and 33
percent usage by dependents. The medical loss ratio has shown
significant improvement. Farmington's clinic is open only one day per
week with 33 -40 percent usage.
Chair Houle questioned why the district was considering a residentially
zoned school facility rather than one of the school's properties in a
commercial zoning district. Mr. Gerber answered that the New Hope
Learning Center is a central location for the school district and the
opportunity for high usage by employees and, in turn, reducing costs.
The school district completed a facilities study recently and was releasing
some of its properties. The 930 square foot clinic fits well within this
vacant space in the building with minimal capital costs to the district.
Plumbing is also available in this space. The traffic pattern, due to the
clinic at this facility, would have relatively no impact on the
neighborhood.
Chair Houle inquired if the Educational Service Center wouldn't have
been a better choice. Mr. Gerber responded that the clinic didn't require
elevator usage and there was no plumbing layout that would
accommodate waste plumbing. If plumbing would have to be added for
the clinic, capital costs would increase.
Planning Commission Meeting 4 January 3, 2012
Chair Houle wondered if there had been any discussion to allow Cooper
students to utilize the clinic now or in the future and the answer was no
due to the insurance coverage. Mr. Gerber interjected that there is a
school nurse on that site. He stated he could not foresee whether the
school nurse and clinic would ever merge, but at this time, the two
entities would be separate. There is a nurse at Cooper so there would be
no need for students to go to the clinic.
Mr. Brixius asked the applicant if they had any concerns with the text
amendment and Mr. Gerber replied that their only question was related
to the illumination of the exterior windows. The district has no issue with
illuminating the windows where the proposed clinic would be located.
There was no one in the audience wishing to speak at the public hearing.
Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
close the public hearing regarding the text amendment request for
Planning Cast 11 -10. All voted in favor. Motion carried.
Chair Houle stated he appreciated the district trying to save money,
however, he was fearful that the city was opening the door for
commercial uses in the residential district.
MOTION Motion by Commission Anderson, seconded by Commissioner
Item 4.1 Brinkman, to approve Planning Case 11 -10, request for a text
Text Amendment amendment to allow a medical clinic in a school facility, 8301 47th
Avenue North, Independent School District 281, petitioner.
Voting in favor: Anderson, Brinkman, Hunten, Landy, McKenzie,
Onadipe, Schmidt
Voting against: Houle
Absent: Nirgude, Svendsen
Motion approved.
Chair Houle opened the floor for discussion of the conditional use permit
portion of the request, which staff had recommended approval subject to
submission of a sign permit and illumination of the three windows near
the clinic entrance.
Commissioner Landy questioned whether or not a pharmacist needed to
dispense prescription drugs. Mr. McErlane stated that a physician's
medical license was all that was required. Landy asked for clarification
regarding the storage of the drugs on site. Mr. McErlane explained that
the drugs are kept in a locked, steel case. The physician and LPN are the
only staff that have access to the drugs.
Chair Houle pointed out that Cooper currently has a conditional use
permit for parking that applies to football games and graduation and that
the New Hope Learning Center parking lot would be utilized for all of
Planning Commission Meeting 5 January 3, 2012
those events. He wondered how this would affect the clinic's 14 spaces.
Mr. Weiss replied that he did not anticipate a problem. The clinic may or
may not be open until 7 p.m. every day.
Mr. Brixius added that the New Hope Learning Center is not a full use
facility and staffing has changed. Fourteen stalls per hour is an aggressive
parking projection based on six employees and 40 patients per day. When
the stadium conditional use permit was approved, it was with a full
elementary school use.
Commissioner McKenzie inquired as to the delivery of medication. Mr.
McErlane stated that NeoPath delivers direct to the clinics where the staff
receives the drugs.
Chair Houle asked for clarification of the educational programs offered at
the building. Mr. Gerber responded that the New Hope Learning Center
had a variety of educational programs: pre kindergarten, early childhood
education through secondary school. There is special education in the
south wing, primarily secondary age level. The middle area is a variety of
administrative offices for the educational programs. There is a computer
lab, media services center and various special education program staff.
The north wing is a combination of early childhood programs and
adventure club for before and after school programming. The district has
a vision that some programs will be moved to other locations as space
becomes available. District staff sees this facility as a long -term
educational program space for the district.
Commissioner Brinkman asked for clarification on the lighting
requirements. Mr. Brixius stated that the recommendation was for adding
lights to the three windows on the north side of the center building that
have direct access from the outside. The police department requested that
this area be illuminated for easy vision when patrolling the area. If the
area is well lit, the police department believes it would be less likely
someone would try to gain access to the clinic.
There was no one in the audience wishing to speak at the public hearing.
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to close the public hearing regarding the CUP request for Planning Case
11 -10. All voted in favor. Motion carried.
MOTION
Motion by Commission Schmidt, seconded by Commissioner Landy, to
Item 4.1
approve Planning Case 11 -10, request for a conditional use permit to
Conditional Use
allow a medical clinic in a school facility, 8301 47th Avenue North,
Permit
Independent School District 281, petitioner, subject to 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 Commission Meeting 6 January 3, 2012
Voting in favor: Anderson, Brinkman, Houle, Hunten, Landy,
McKenzie, Onadipe, Schmidt
Voting against: None
Absent: Nirgude, Svendsen
Motion approved.
Chair Houle stated the City Council would consider this request at its
meeting on January 23, 2012.
COMMITTEE
REPORTS
Design and Review Chair Houle inquired if there would be a January Design and Review
Committee Committee meeting and Mr. Jacobsen stated staff would contact
Item 5.1 committee members regarding a January meeting.
Codes and Standards Mr. Jacobsen stated that Codes and Standards Committee meetings have
Committee been scheduled for January 19 and February 16 at 6 p.m. to review
Item 5.2 recommendations from the Transit Oriented Development (TOD) study
and necessary code changes.
NEW BUSINESS Chair Houle opened the floor for nominations for the 2012 officers. Mr.
Jacobsen stated that Commissioner Svendsen had called and
recommended the same officers as last year. Commissioner Landy
nominated Commissoner Houle as chair, Commissioner Brinkman as vice
chair and Commissioner Anderson as third officer. Seconded by
Commissioner Onadipe. All voted in favor. Motion carried.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Anderson,
Item 7.1 to approve the Planning Commission minutes of December 6, 2011, as
amended. All voted in favor. Motion carried.
Mr. Jacobsen updated the commission on the potential acquisition of the
Kmart property.
ANNOUNCEMENTS There were no announcements.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:02
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
Planning Commission Meeting 7 January 3, 2012