120611 PlanningCity of New Hope
Meeting Date:
Report Date:
Planning Case: 11 -08
Petitioner: Sealed Mindset Training, LLC
Address: 5121 Winnetka Avenue North
Project Name: NA
December 6, 2011
December 1, 2011
Project Description: Firearms training facility (commercial recreation) in the Industrial district
Planning Request: Conditional Use Permit
I. Type of Planning Request
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.
II. Zoning Code References
Section(s) 4- 20(e)(5) Conditional uses, I — Commercial recreation facilities
4 -33(d) Administration — Conditional Use Permit amendment
111. Property Specifications
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Planning Case Report 11 -08
Industrial
West of Winnetka Avenue North, just south of C.P Rail Road tracks and north
of 51st Avenue North.
Industrial to the west, north and east. Residential (R -1, R -2, and R -3) to the
south.
8.6 acres or 374,791 square feet
9,388 square feet of office
Page 1
12/1/11
Planning District: Planning District 5. The goals of District 5 relate to improving and /or
redeveloping the industrial businesses along Winnetka Avenue. Noise ane
land use compatibility issues between industrial and residential properties
are a concern in the area.
IV. Background
Sealed Mindset Training (SMT) was formed through a partnership between Sealed Mindset and Range
Systems. Founded by a decorated 10 -year veteran of the Navy SEALS, Larry Yatch, Sealed Mindset is a
leading provider of innovative training courses that provide personal safety, crime avoidance, and
defense skills. Range Systems is a global leader in the safe design and building of live firearms training
facilities.
SMT has been providing differentiated personal safety training to individuals and businesses for the
last 18 months, utilizing Range Systems' current facilities. Due to increased demand, SMT has begun to
plan a facility expansion within the building that Range Systems' currently operates (5121 Winnetka
Ave N). Use of Range Systems' proprietary SMASHTM technology and its Gunfighter range design
allows a range to be installed within an existing commercial space. Further, the range can be installed
with little to no modification of the commercial space. This unique building - within -a- building allows
for a state -of- the -art safe training facility.
V. Zoning Analysis
A. Plan Description
1. Circulation Access Traffic and Emergency Vehicle Access
The circulation and access for the site are sufficient and no changes are proposed.
2. Curbing, Sidewalk and Pavement
No changes to the curbing, sidewalk or pavement are proposed. The property owner
intends to make minor repairs to the parking lot entrance next spring.
3. Parking
The plans submitted by the applicant and property owner show a potential capacity for 246
parking stalls and five handicap stalls. Currently, not all of these stalls are striped.
Additionally, it should be noted that outdoor storage from another tenant is proposed to
occupy the space of 35 parking stalls, for a net total of 211 parking stalls regularly available
for use.
In review of the building's current and proposed internal uses, a parking demand per code
has been determined to be 177. The 211 available parking spaces more than exceeds the
requirement.
Sealed Mindset has suggested it may hold special events from time to time that would bring
in additional users. These special events would be hosted on weekends while other tenant
bays in the building are not in use. Special events should not pose any concern for the
overall parking demand.
4. Landscaping and Screening
Planning Case Report 11 -08 Page 2 12/1/11
No landscaping improvements are proposed or required as part of this proposal.
5. Lighting Plan
No new lighting is proposed. Existing lighting is hooded and meets current standards.
6. Sound Plan
The unique technology utilized in the Range Systems' firing range is designed to reduce and
muffle noise from gun fire. As mentioned in more detail in the applicant's narrative, the
building -in -a- building design of the range creates an air pocket between Sealed Mindset and
its neighbors. Additionally, the materials used in the range help to reduce the noise. The
system has been designed such that if noise is heard in adjacent uses within the building it
will be no louder than what can be expected in an industrial facility. There should be no
noise heard from the use from outside the building.
7. Si na e
The applicant has submitted a comprehensive sign plan for the entire building and all
tenants. The signs are less than 15 percent of the wall area and less than 100 square feet in
area, meeting the requirements of the code.
To avoid the need for future amendments to the comprehensive sign plan, the property
owner may wish to identify wall sign locations for future building tenants.
The property owner has included three "For Lease" signs in its application - two
freestanding signs and one banner. The code allows the property owner two signs - one
along Winnetka Avenue and one along the private drive. One sign must be eliminated from
the plan. The two freestanding signs fall below the allowed sign area. If the applicant
chooses to use a banner instead of the freestanding sign, it must be reduced in size.
The proposed monument sign meets code requirements.
8. Utility Plan
No major changes to the utilities will take place as part of this proposal. The interior of the
building is and will be sprinkled.
9. Location of Services, Loading, Drive- throujzh, Trash, Equip and Outdoor Storage Areas
As mentioned previously, another tenant is utilizing an area of the parking lot for outdoor
storage. This storage area shall be limited to what is proposed in the plans.
Services, loading, and trash are handled in the rear of the building and no changes are
proposed.
10. Neighborhood Character
The proposal will be constructed in an existing industrial building. No exterior renovations
will take place. Noise and parking have been addressed to reduce any potential impacts on
the character of the neighborhood.
Planning Case Report 11 -08 Page 3 12/1/11
11. Environment
No environmental impacts are expected. Sealed Mindset Training and Range Systems have.
processes in place to responsibly handle gun by- products. The lead from bullets and rubber
from the walls of the firing range are recycled to their maximum capacity.
B. Zoning Code Criteria
1. 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.
4- 20(e)(5) Conditional uses, I — Commercial recreation facilities
a. Access. The site of the proposed use has direct access to an arterial or collector street as
defined in the City Code, without utilizing public streets of a lower traffic handling
classification to reach the arterial or collector street.
Findings The property has direct access to Winnetka Avenue, an arterial street, on the
eastern portion of the property.
b. Compatibility. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause impairment in property
values or constitute a blighting influence.
Findings. The proposal includes no exterior alterations to the existing structure. The use is
compatible with the existing other uses in the building. The other tenants have been advised
of the proposed use and have no objections.
c. Lighting shielded. All lighting shall be hooded and so directed that the light source is not
visible from the right -of -way from a residential zone or use.
Findings. The site's existing lighting is hooded and is not visible from the right -of -way from
a residential zone or use. No new lighting is proposed as part of this application.
d. Surfacing. The entire area other than that occupied by buildings, structures or plantings
shall be surfaced with a bituminous or concrete material which shall control dust and
drainage. The material and grading shall be subject to the approval of the city.
Findings. Portions not occupied by buildings, structures or plantings are currently paved.
Portions of the west side parking lot will need to be repaved or replaced in the near future;
however, the existing pavement should control dust and drainage adequately.
e. Landscaping. Landscaping shall be provided and the type of planting material and the
number and size of plants shall be subject to approval by the city.
Findings. The proposal is interior to the existing building and no alterations to the
landscaping are proposed or necessary.
4 -33(d) Administration — Conditional Use Permit amendment
(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.
Planning Case Report 11 -08 Page 4 12/1/11
Findings. The Comprehensive Plan outlines the city's goal to renovate or redevelop
deteriorating industrial sites. Hillcrest Development's work over the past year has
revitalized a blighted and polluted facility. This proposal will help to fill a large space in a
building that, in years past, has been underutilized and generated less than its potential in
taxes. The Comprehensive Plan specifically identifies the 5121 Winnetka Ave N site as a
redevelopment site.
(2) Compatibility. The proposed use is compatible with adjacent present and future anticipated
land uses.
Findings. The proposed use is compatible with adjacent present and future anticipated uses.
All impacts will be minimal to adjacent tenants and should be negligible to adjacent
properties.
(3) Performance standards. The proposed use conforms with all applicable performance
standards contained in this Code.
Findings. A majority of the work being completed is interior to an already approved
building and as such, the property already meets the city's performance standards. The only
concerns are with limited outdoor storage, striping of the parking lot, and limiting signs.
(4) No depreciation in value. The proposed use will not tend to or actually depreciate the area
in which it is proposed.
Findings. Depreciation in value is not anticipated, rather, the additional tenant should
increase the value of the building.
(5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the
criteria specified for the various zoning districts.
In industrial districts (I)
a. Nuisance. Nuisance characteristics generated by the use will not have an adverse
effect upon existing and future development in adjacent areas.
Findings. Impacts from this use should be minimal. The most apparent potential
nuisance is noise from the firing range. Sealed Mindset Training and Range Systems'
state -of- the -art self- contained firing range is designed to reduce impacts, including
noise. A private firing range already exists at the property within Range Systems'
tenant space to no considerable impact to its neighbors. Impacts to parking should be
minimal as SMT's primary business will be at night, opposite of the peak business
hours of the other tenants in the building. Limited class sizes and limited enrollment
will ensure parking demand does not strain the parking supply.
b. Economic return. The use will provide an economic return to the community and be
commensurate with other industrial uses for which the property could feasibly be
used. In considering the economic return to the community, the planning
commission and city council may give weight to the sociological impact of a
proposed use, both positive and negative.
Findings. The proposal is likely to benefit the city economically. The partnership
between Sealed Mindset and Range Systems is likely to benefit both businesses. The
Planning Case Report 11 -08 Page 5 12/1/11
membership -based business model of Sealed Mindset is likely to bring clients from
around the metropolitan region to the city. The use will employ four full time
employees.
C. Design and Review Committee
The Design and Review Committee met on November 17, 2011, to discuss the proposal. The
Committee was generally supportive of the proposal but requested additional information from the
owner of the property. In order for the city to determine the applicant's effect on the entire site,
information was needed relating to parking, outdoor storage, building floor plan and
comprehensive sign plan.
D. Approval
1. Type of Approval: CUP - quasi - judicial
2. Timeline
a. Date Application Deemed Complete: November 14, 2011
b. End of 60 -Day Decision Period: January 1, 2012
c. End of 120 -Day Decision Period: March 9, 2012
VI. Petitioner's Comments
Additional petitioner comments are included in the attachments.
VII. Notification
Property owners within 350 feet of the property were notified and staff has received no comments.
VIII. Summary
Sealed Mindset Training is a unique use that is allowed by conditional use permit within the I,
industrial zoning district, as a commercial recreation facility. The facility is a unique use in the city and
should help revive a building that not long ago was in disrepair. The business model should effectively
train citizens for proper use of handguns and avoidance of unsafe situations. Finally, the partnership of
Sealed Mindset and Range Systems should benefit both companies.
IX. Recommendation
Based upon staff's and the consultant's review of the application, approval, with conditions, is
recommended as the requirements of the conditional use permit have been met. The following
conditions are recommended:
1. The parking lot is properly striped to provide the required number of parking stalls.
2. The property owner shall provide a site plan that indentifies 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.
Attachments:
• Application
Planning Case Report 11 -08 Page 6 12/1/11
• Applicant narrative
• Plans
• Location maps
• Planning consultant memorandum (December 1, 2011)
• Design and Review Committee notes (November 18, 2011)
• Application log
Planning Case Report 11 -08 Page 7 12/1/11
PLANNING
r
APPLICATION TO PLANNING COMMISSION AND CITY COUNCIL
City of New Hope, 4401 Xyton Avenue North, New Hope, MN 55428
Basic Fee Deposit
Case No.
Date Filed
Receipt No.
Received by
Name of Applicant: Sealed Mindset Training, LLC
P1D 07- 118 -21 -11 -0018
Street Location of Property:
5121 Winnetka Avenue North, New Hope, Minnesota 55428.
Legal Description of Property:
Lot 2, Block 1, MGI Addition, Hennepin County, Minnesota.
OWNER OF RECORD: Name: 5121 Winnetka, LLC
Address: c/o Hillcrest Development, LLLP, 2424 Kennedy Street, N.E., Minneapolis, MN 55413
Home Phone: Work. Phone: 612 - 371 -0123 Fax: 612 -378 -2424
Applicant's nature of Legal or Equitable Interest:
Tenant. Tenant's contact: Larry Yaach (877) 723 -7573.
Type of Request: (pertaining to what section of City Code) Conditional Use Permit pursuant to
Sections 4 -20 and 4 -23 of the New Hope Zoning Code.
Please outline Description of Request: (use additional pages if necessary)
Applicant seeks a conditional use permit for a commercial recreational facility, including a
firearms range as further described on Exhibit A.
Why Should Request be Granted: _The proposed conditional use meets the criteria in Section 4 -20
_(e)(5) of the New Hope City Code and Section 4 -33 of the New Hope City Code. See Exhibit B
(attach narrative to application form if necessary)
1 -09
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 Payment.
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: 5121 Winnetka LLC
Fee Owner (print or type name)
Sealed Mindset Training. LLC - Attu: Larry Yatch
Applicant Other than Owner (print or type)
FOR CITY USE ONLY
Evidence of Ownership Submitted:
Certified Lot Survey:
Legal Description Adequate:
Legal Ad Required:
Yes No Required
Yes
No
Required
Yes
No
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:
� . • i ��1
Purpose Built Personal Safety Training Facility
The mission of Sealed Mindset Training is to provide purpose built facilities and custom designed curriculum to
businesses, families, and individuals enabling them to keep themselves safe through education and training.
Sealed Mindset Training (SMT) was formed through a partnership between Sealed Mindset and Range
Systems. Founded b a decorated 10 -year veteran of the Navy SEALs, Larry Yatch, Sealed Mindset is a leading
provider of innovative training courses that provide personal safety, crime avoidance, and defense skills. Range
Systems is a global leader in the safe design and building of live firearms training facilities.
SMT has been providing differentiated personal safety training to individuals and businesses for the last 18
months, utilizing Range Systems' current facilities. Due to increased demand, SMT has begun to plan a facility
expansion within the building that Range Systems' currently operates (5121 Winnetka Ave N). Use of Range
System s proprietary SMASH" technology and its Gunfighter range design allow a range to be installed within
an existing commercial space. Further, the range can be installed with little to no modification of the commercial
space. This unique building within a building allows for a state -of- the -art safe training facility.
This combination of design and proven range technology results in the safest range operations possible.
Sealed Mindset Training Philosophy
SMT has a very different philosophy concerning training needs and programs relative to traditional self
defense providers. SMT's philosophy originates from our CEO's experience in the U.S. Navy SEALs. Counter to
popular culture, the Navy SEALs do not spend the majority of their time shooting. Instead, they operate in very
small units, usually 16 men or less. When operating in a hostile environment in small units, the SEALs are always
out numbered. Therefore, the last thing the SEALs want to do is fight. The majority of a SEAL's time is thus
spent assessing an environment, identifying threats, and avoiding conflict, if at all possible.
As a civilian, it is SMT's belief that a student's goal should always be to identify threats and avoid conflict
until there is no other option. Only in that dire situation should a person use his or her knowledge and skills to
stop the lethal threat with appropriate and justifiable force. SMT has spent the last 4 years developing curriculum
that specifically teaches individuals the knowledge necessary to identify threats, assess dangerous environments
and take action to avoid conflict. SMT has extended this philosophy of awareness and avoidance into its firearms
training curriculum. Every SMT firearms -based course includes modules that focus on awareness, avoidance,
and deterrence. These specific and critical skills are not covered in traditional firearms training classes, and
therefore are a point of differentiation.
SMT's facility is designed so that less than 25% of the overall floor plan is dedicated to a live fire shooting
range. This facility aspect is unique and corresponds to the methodology and training of SMT's curriculum. SMT
focuses all training programs on awareness, avoidance, deterrence, and as a last resort, engaging the lethal threat.
SNIT offers programs in travel safety, college safety, defensive flashlight, general situational awareness, firearms
safe handling and safe storage. These 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 spaced outlined in the plans, but do not require live shooting. This methodology has proven more
effective, but most importantly, it is significantly safer for customers and instructors.
Sealed Mindset Students
The curriculum and training opportunities presented by SMT have been specifically designed to appeal to
non - firearms enthusiasts. SMT's core mission is to provide individuals concerned with their family's safety and
with their individual personal safety the knowledge, training, and experience to safely defend themselves. SMT
has created an environment and programs that are comfortable for individuals who are not familiar with
firearms. SMT has 700 current clients. More than 60% of those clients are professional couples, 45% are women,
and almost 70% had little to no prior experience with handguns prior to attending a SMT course. SMT's goal is
not to have every student own and carry a firearm. Rather, if each student leaves with the proper knowledge,
training, and experience to have the confidence to make a choice without unnecessary fear, we will have been
successful.
Firearms Studio Overview
SMT's Firearms Studio is a unique business model unlike other traditional shooting ranges. In order to
provide the highest level of customer service as well as the safest environment to train in, membership will be
required. Only members will be allowed to freely access, during normal working hours, the different
components of the Firearms Studio. SMT will continue to hold public classes in personal safety and firearms
training, but non - members will not have access to the facility outside of their registered classes.
SMT's first year membership goal is 250 members with expansion planned for years 2 and 3 to 350 total
members. The average class size is 8 students and SMT plans to run no more than 2 classes at any one time. The
capacity of the non - classroom spaces is limited to 33 members. The combined total number of users at anyone
time would be 49 plus 6 full time staff members. SMT will manage the usage through the implementation of a
web -based scheduling system that requires members to pre- register (reserve use of) the facility before arriving.
During planned special events, it was determined through consulting with SMT's professional architect that a 100
person capacity would be implemented.
This limited public access will reduce the number of clients coming and going from the facility, and will
provide an opportunity for local Law Enforcement to take advantage of a world class training facility in their own
backyard.
Firearms Studio Capabilities
The layout of the facility has been designed to fulfill our objective of bringing the safest, most professional,
world class training to New Hope, MN. This facility will look like no other public or private shooting range in
existence. -Due to our focus on servicing a small, membership only clientele in personal safety related concerns,
SMT can be very specific on space usage. There will be a limited merchandising area and the majority of the
space will be dedicated to non -live firearms related training areas. These areas are constructed to allow SMT to
use cutting edge training tools (laser based training weapons) and highly trained instructors to simulate real
world defensive encounters. SMT clients will have access to many different training options ranging from
computers with web -based training programs, to custom designed, environmentally simulated training spaces, to
live fire shooting ranges.
Below is a list of some of the training opportunities for SMT member use:
• Large Classroom
• Dry Fire Training and Video Simulation Range
• Physical Training Area / Defensive Tactics Room
• Small Merchandising Area / Lounge
• Self Contained Live Fire Training Range / Lane Range
The live fire portion of SMT's Firearms Studio will utilize Range System's safest range technology. Range
Systems is the industry leader in providing safe, functional, range technology. The core of the range design is
Range Systems' proprietary Encapsulator Bloc, Encapsulator Panel, and Encapsulator Gran Trap technology. The
self- healing properties of the EncapsulatorTM Bloc -Trap seals the bullet's path after the round has penetrated the
surface, so that each bullet is safely captured intact, eliminating bullet fragmentation and minimizing ricochet
hazards. The EncapsulatorTM Gran Trap utilizes a thick layer of granulated rubber material to safely capture
bullets intact with virtually no lead dust or bullet fragmentation. This allows shooters to engage targets with no
concern of bullet splatter.
Noise mitigation is a common concern when designing a shooting range. SMT is mitigating this concern by
utilizing a unique range design and Range System's Acoustic Dura- Panel. The SMT range design utilizes a box
within a box within a box design. 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 (3 total) dramatically reduce the transmission of sound waves.
Furthermore, SMT is utilizing Range System's Acoustic Dura- PanelsTM. The Acoustic Dura- Panel's TM rubber
composition assists with noise abatement by absorbing airborne sounds. Its channeled exterior finish disrupts
sound wave patterns so that they quickly dissipate, resulting in a reduction of reverberation. Acoustic Dura -
PanelTM has a Noise Reduction Coefficient (NRC) rating of 0.65.
Recognizing the potential hazards that live fire training activities present, structural integrity and safety
qualities are foremost in Range Systems' shoot house designs. The only common denominator in all live fire shoot
houses is that they are a steel based structure. The features that set Range Systems apart from all others are the
extraordinary ballistic capabilities, durability, and ease of maintenance our designs offer.
Range Systems was chosen by the U.S. Army Corps of Engineers and U.S. Army Forces Command to provide
live fire shoot houses because of the superior performance and unique characteristics of their ballistic rubber
encapsulating system. The patented ballistic rubber virtually eliminates the hazards of ricochet, bullet splatter,
shoot - through, and significantly reduces airborne lead particulates. This material has passed testing conducted by
the HHTTUS Army Picatinny Arsenal Armament Test FacilityTTHH for ricochet and penetration against the
military 5.56mm M855 Steel Core Penetrator round.
EXHIBIT A
Range Systems proprietary Dura - PanelTM rubber composite panels are used in the wall construction of
SMASHTM. This material has passed testing conducted by the U.S. Army Picatinny Arsenal Armament Test
Facility for ricochet and penetration against the military 5.56mm M855 Steel Core Penetrator round. Secured
directly to AR500 steel to fortify ballistic containment, Dura - PanelTM removes the hazards of ricochet, splatter,
and shoot - through. To ensure a 360 degree training environment, SMASHTM construction includes a dual external
wall seam plate system to provide continuous ballistic protection.
Facility Security
The CEO of SMT, Lawrence Yatch, is an expert in the field of technical surveillance and has integrated his
vast experience designing security systems and video surveillance systems into the SMT Firearms Studio. The
Studio will be equipped with a cellular, networked, monitored security system. This systems will not only
monitor all external entrance and exits, but also the internal doors that are relied upon to secure the on -hand
inventory.
Going above and beyond any city, state, or federal (ATF) requirements, SMT is installing a video monitoring
system valued at over $11,000. This systems will have top of the line networked and recorded video cameras in
every space. These cameras will provide real time remote monitoring of the entire Studio.
Each space that will be used to secure inventory will be have fiber re- enforced walls, independent high
security locks, with monitored security system components. The goal at SMT is safety, so every aspect of the
business (curriculum, site design, range materials, video and alarm systems) have been design to maximize the
customers' and neighbors' safety.
Executive Team.
Sealed Mindset Training's executive team provides a balance of executive leadership in the building of successful
businesses and strong subject matter expertise in the training arena. This team, with additional members
included below, will be the management team for Facility One.
Larry Yatch, CEO: Lawrence Yatch II, a graduate of the U.S. Naval Academy and a ten -year veteran of the U.S.
Navy SEALS, has been a leader while serving in extreme environments across the globe. LT (ret.) Yatch planned
and led his SEAL platoons in the assault on the world's largest oil platform in the largest Special Operations
mission in history during the opening night of Operation Iraqi Freedom. He developed a radical new system for
attacking armored, enemy controlled ships during operations in the Northern Arabian Gulf. Mr. Yatch also
planned, built and directed the creation of a new 300 person SEAL command, designed to undertake sensitive
missions critical to the Navy's efforts in the War on Terror. In the commercial sector, Mr. Yatch has provided
security and operational management guidance to international architecture firms, high net worth individuals,
the Motion Picture Association of America, Walt Disney, SONY, FOX, and Warner Brothers Studios. Mr. Yatch
has received many awards, to include the Navy and Marine Corps Commendation Medal with a 'Combat V' for
Valor in Battle "above and beyond the call of duty," the Achievement Medal for innovation in SEAL combat
tactics, the Global War on Terrorism Expeditionary Medal, and the Humanitarian Service Medal for relief efforts
in E. Timor and Sri Lanka.
Anne Yatch, VP of Operations: Ms. Yatch is a graduate of Georgetown University's School of Foreign Service
and Georgetown University's Masters Program in International Security and Counterterrorism. Prior to joining
Sealed Mindset, Ms. Yatch worked as a analyst and consultant with Booz Allen Hamilton in Washington, DC to
present efficiency measures to the Defense Intelligence Agency (DIA). In San Diego, she worked for a private
surveillance entity to combat movie piracy internationally and nationally by coordinating and training special
operations personnel to act as covert surgical strike teams. The operations directed by Ms. Yatch were
responsible for capturing and prosecuting 11 federal piracy cases and film industry savings of an estimated
$350M.
Charlie Baker, Director: Mr. Baker is the President and CEO of Range Systems Inc., a designer and builder of
firearm training products for the military, law enforcement and civilian shooting communities. Mr. Baker has led
the company's growth from $345,000 in 1998 to its current annual revenues of $10,000,000. Prior to joining Range
Systems, Mr. Baker worked as a Brand Manager for Nordic Track, based in Chaska, MN. During his tenure at
Nordic Track, he managed multiple successful product launches, including Abworks and Ultralift. Mr. Baker
holds a B.A. from the University of Minnesota and an M.B.A. from Minnesota State University, Mankato. He is a
four -year member of the Twin Cities Chapter of the Young Presidents Organization (YPO) and currently serves as
the Chapter's Education Chair.
Rick Green, Director: Mr. Green is currently President of Jonaco Machine, a contract manufacturer to the
aerospace and medical equipment industries. From 2005 to 2010 Mr. Green was the Managing Director of Denali
Partners, LLC, a private equity firm that he co- founded in 2004. Jonaco Machine was previously a portfolio
company of Denali Partners and was sold by Denali in late 2010. Previously, from 2002 to 2004, he founded and
was the Managing Director of Marathon Partners LLC, a management firm for the portfolio companies of private
equity firms. From 1999 to 2002, he served as the Chief Operating Officer of Bracknell Corporation, a $1.4 billion
facilities infrastructure company with 33 locations in North America, and previously he was the President and
CEO of Nationwide Electric, Inc., a national electrical installation and services company that was acquired by
Bracknell. From 1996 to 1998, he was the President and CEO of Product Safety Resources, Inc., a company focused
on electronic product safety information, and from 1988 to 1996, Mr. Green held various operations and
leadership positions with Emerson Electric Co. (NYSE:EMR), a multinational manufacturer of a broad range of
electrical, electromechanical and electronic products and systems. Prior to Joining Emerson Electric Mr. Green
was a management consultant with McKinsey & Company.
EXHIBIT B
Section 4- 20(e)(5) of the New Hope City Code
a. Access. The Property has direct access to Winnetka Avenue North.
b. Compatibility. There will be no exterior alterations to the existing
structure. The use is compatible with the existing uses in the building.
All tenants have been advised of the proposed use.
C. Lighting. The proposed use does not alter the existing external
lighting. The applicant believes that the light source is not visible from
a residential use or zone. Pictures of the lighting are included.
d. Surfacing. The proposed use does not alter the existing bituminous
surface. However, the applicant believes that the existing surface will
continue to control dust and drainage.
e. Landscaping. The proposed use is not altering the existing
landscaping. The applicant believes that the existing landscaping is
adequate.
Section 4 -33(d)
a. Nuisance. The use will have no adverse effect on existing or future
development or properties. All of the existing tenants are aware of the
proposed use. There is already an existing range at the same property.
The construction of the new range will have state -of -the -art controls
for noise, dust and debris (as described on Exhibit A).
b. Economic Return. The use will provide an. economic return to the
City and will be commensurate with other industrial uses. The use
will employ approximately 4 full time employees and will bring an
estimated 8 -16 students per day into the City. As set forth in Exhibit
A, Sealed Mindset takes a new, unique and responsible approach to
self- defense under the direction of highly trained and specialized
instructors.
Enclosures:
- ALTA/ACSM Land Title Survey dated October 24, 2011
- Landlord letter in support of requested Conditional Use Permit.
- Pictures of existing lighting and site conditions.
- Letter from City of New Hope Police Chief, Tim Fournier.
144292.DOC
Jo eo 120 ALTA/ACSM LAND TITLE SURVEY FOR:
HILLCREST DEVELOPMENT
WAX IN FEET LEGALDESCRIPTIOW.,
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�O LLCREST DEVELOPMENT 5121 Wi netka Avenue North I. I
F7 nnesota 55428 fAX! (952) = TITLE SURVEY New Hope, Mi �6-6837
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October t'/, 2011
Larry Yatch, Charles E. Baker
Scaled Mindset, Range Systems, ].no.
5121 Winnetka Av N
New 110pe, MN 55428
Lary; and Charles,
Just a quick note to let you know I. vn looking forward to being in attendance at your meeting
with city inspectors. on October 19, 2011.
As you know, I enjoyed meeting both of you on August 31" and currently have no concerns
about your proposed expansion at the current site. I look fortivard to hearing more atiourt your
plans to expand your business. I believe your unique products and background are a one -of a-
kind combination and offer a unique training experience to the professional and amateur
enthusiast.
If I can help answer any questions or if you have any concerns regarding your business in our
community, please don't hesitate to contact me.
Sincerely
Tim Fow
Chief of Police
New t-tope .Police :Department
763 - 531 -51.x_ 1
CITY OF N'Ew HOPE
44.01 Xylort Avenue North + Ne - ,v 'Elope, Miruiesota 55425 -1898 + wvvw. ci.new- hope.n.un.us
City Hall: 763- 531 -5100 + Police (non- eaaergency): 763-531-51.70 +.Putblic Works: 763 -592 -6777 +':CDD: 763- 531 -5109
City Hall Fax: 763- 531 -5136 + .Police Fix: 763 - 531-5174 + Public Works Fax: 763- 592 -6776
5121 Winnetka, LLC
2424 Kennedy Street NE
Minneapolis, MN 55413
October 26, 2011
City of New Hope
4401 Xylon Avenue.
New Hope, MN 55428
Re: Sealed Mindset Training, LLC, Application for a Conditional Use Permit for 5121
Winnetka Avenue North, New Hope, Minnesota 55428
To Whom It May Concern:
5121 Winnetka, LLC, the fee owner ( "Owner ") of the property located at 5121 Winnetka. Avenue
North, New Hope, Minnesota 55428 ( "Property ") consents to the Conditional Use Permit
requested by Sealed Mindset Training, LLC ( "Sealed Mindset ") for a Commercial Recreational
Facility including a firearms range at the Property. Based on information provided by Sealed
Mindset, the Owner believes that the Property has sufficient parking to accommodate the use as
proposed by Sealed Mindset, including reasonable expansion of the use proposed by Sealed
Mindset. The Owner is generally familiar with ,the City's criteria for granting a conditional use
permit and believes that the use proposed by Sealed Mindset is consistent with the City's
criteria.
If the City requires any further information, please fee free to contact:
Scott M. Tankenoff
2424 Kennedy Street NE
Minneapolis, MN 55413
Phone; 612- 623 -2480
Email: ScottT CcyHillc.res
Sincerely,
N1
Scott M. Tanke
President
SEALED MINDSET
5121 WINNETK A VE,
NEW HOPE, MN 55428
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48TH CIR
` j 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
N M � � . a
TO: Curtis Jacobsen
FROM: Alan Brixius
DATE: December 1, 2011
RE: New Hope — Sealed Mindset Conditional Use Permit
FILE NO: 131.01 —11.04
Sealed Mindset and Hillcrest Development is proposing to introduce a self- defense
instruction and firearms range as a tenant of the building at 5121 Winnetka Avenue
North. Firearms range is listed as a recreational business in New Hope's zoning
definitions. Commercial recreation businesses are listed as a conditional use in the I,
Industrial Zoning District. In review of the plans dated 11/21/11 pertaining to this
development, we offer the following comments.
ISSUES ANALYSIS
Zoning. The site is zoned I, Industrial District. The proposed self- defense instruction
and firearms range, by ordinance definition, falls under commercial recreational
businesses. The I Zoning District allows commercial recreational businesses by
conditional use permit.
Other components of the business include offices and some retail. The office uses are
allowed as a permitted use and the retail component is allowed as an administrative
permit, provided it does not exceed 30 percent of the tenant bay.
Lot Area and Setbacks. The lot at 5121 Winnetka Avenue is 8.6 acres in area.
Sealed Mindset is locating in the center bay of the building, occupying 10,084 square
feet of floor space. The following table illustrates the lot area and setback compliance
with the I Zoning District standards:
Lot Area
Lot Width
Setbacks
Front yard abutting a street
Side yard (north)
Side yard (south)
Rear yard (west)
Required
Proposed
Compliance
1 acre
6.3 acres
Yes
100 feet
460 feet
Yes
30 feet
175 feet
Yes
30 feet
80 feet
Yes
30 feet
185 feet
Yes
30 feet
133 feet
Yes
Commercial Recreational Facilities Conditional Use Permit. Section 4- 20(e)(5)
outlines the performance standards for commercial recreational facilities as follows:
a. Access. The site of the proposed use has direct access to an arterial or collector
street as defined in the City Code, without utilizing public streets of a lower traffic
handling classification to reach the arterial or collector street.
The proposed site has access from Winnetka Avenue with two industrial lots to
the west via a private street. The site's access to Winnetka Avenue complies
with this performance standard.
b. Compatibility. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence.
The proposed use will be occupying an existing building. No exterior changes
are proposed to the building. During the Design and Review Committee meeting,
concerns were expressed over the safety and noise from the live fire range and
the introduction of a new tenant to the building and its impact on parking and
existing outdoor storage on the site.
The applicant's live fire range will be designed as a building inside a building.
The range technology, as outlined in the applicant's information, indicates that
the live fire range will be constructed with Encapsulator Block, Encapsulator
Panels, and an Encapsulator Gran Trap that will safely capture each bullet and
bullet fragments within a thick layer of granulated rubber material.
The design of the firing range utilizes a box within a box design, creating air
space between the shooting range and shared tenant walls. Additional acoustic
durable panels will be used to further absorb the noise of the gunshots. The
technology being utilized may allow gunshots to be heard but the sound will be
muffled and will not exceed noise levels of other industrial uses within the
building.
2
Inspection of the site reveals that not all the on -site parking shown on the site
plan is striped. In addition, outdoor storage from another tenant has begun to
occupy areas of the parking lot. The introduction of a business with a significant
parking demand may create issues with the other tenants. The property owner
has provided the following list of tenants for a calculation of the parking for the
overall building:
Required
Floor Area Parking
Tenant (Square Feet ) (Stalls
FAB 8 LLC
Warehousing 20,591 _ 1,500 14
Office 2,825 = 300 9
23
RANGE SYSTEMS
Warehousing 29,238 1,500 19
Office 5,395 T 300 18
37
WHOLESALE INSULATION
Warehousing 19,143 _ 1,500 13
Office 5,789 300 19
32
META INSTITUTE
Office 3,292 . 200' 16
VACANT
Office 6,257 _ 200 31
SEALED MINDSET 2 10,084 38-75
177-214
1 Office space not associated with warehousing and manufacturing was
calculated at a ratio of one space per 200 square feet of floor area.
Z The New Hope Zoning Ordinance does not have a specific parking
standard for this type of use. In examining similar types of uses, the
City specialty school requires 1.5 parking stalls for every two students.
The application of this standard would require 38 parking spaces for
daily use and 75 parking stalls for special events.
The site plan shows 246 parking spaces, however, 35 spaces in the northwest
corner of the site are lost to outdoor storage and semi - trailer parking. This
results in 211 parking stalls available for daily use. In conversation with the
applicant Sealed Mindset, their large events would be conducted on weekends
when other building activities would be at a minimum. In this respect, it appears
the site has sufficient parking to accommodate the Sealed Mindset use. The
conditional use permit runs to the applicant and to the property. In this light, the
property owner must demonstrate adequate off - street parking for the entire
building. This will require:
1. The outdoor storage activities are limited to the approved storage area of
the site and will not occur within the required parking and driveway areas
of the site.
2. The parking lot is properly striped to provide required parking stalls on
site.
C. Lighting Shielded. All lighting shall be hooded and so directed that the light
source is not visible from the right -of -way or from a residential zone or use.
Sealed Mindset will be occupying the center bay of the existing building. No
exterior changes are proposed with this application. The parking lot and exterior
building are illuminated. The light fixture, as illustrated in the site photos, are
shoebox fixture with 90 degree cut off. This is compliant with code.
d. Surfacing. The entire area other than that occupied by buildings, structures or
plantings shall be surfaced with a bituminous or concrete material which will
control dust and drainage. The material and grading shall be subject to the
approval of the City.
No changes to the exterior of the building are proposed. The majority of the site
is paved as an existing condition.
e. Landscaping. Landscaping shall be provided and the type of planting material
and the number and size of plants shall be subject to the approval of the City.
The site is landscaped. No additional landscaping is recommended.
Signage. The applicant has submitted a comprehensive sign plan that requests the
following:
East Elevation
Insulated Supply
30 square feet
Building Address
18 inches tall
Leasing Banner
120 square feet
Leasing Freestanding Sign
28 square feet
4
South Elevation
Sealed Mindset 54 square feet
Building Address 18 inches tall
Suite Numbers at Entrance
Leasing Freestanding Sign 28 square feet
North Elevation
Dock Number
Will Call Signs
Range System Shipping/ 6 square feet
Receiving
Monument Siqn 66 square feet
Both the tenant signs for Insulated Supply and Sealed Mindset comply with City location
and size standards. These signs are less than 15 percent of their wall areas and less
than 100 square feet in area. To avoid the need for future amendments to the
comprehensive sign plan, the property owner may wish to identify wall sign locations for
other building tenants. Any tenant having an exterior entrance is eligible for a wall sign.
"For lease" signs are allowed one sign per frontage not to exceed 64 square feet. The
applicant is requesting three signs — two freestanding signs and the banner. The
applicant may have two signs — one along the private street and one along Winnetka.
One of the signs must be eliminated. The two freestanding signs fall below the allowed
sign area. If the applicant chooses to use a banner instead of the freestanding sign, it
must be reduced in size.
Address and directional signage on the building appears to be acceptable.
The proposed monument sign complies with the New Hope Sign Code regarding sign
height and area. This sign shall be located 10 feet from the east lot line and shall not be
located within the 20 foot traffic visibility triangle measured from the east lot line, along
the private street.
Sealed Mindset is a unique use that is allowed by conditional use within the I, Industrial
District. Based on our review of the application, we recommend approval of the
conditional use permit for the commercial recreational business, an administrative
approval for limited retail sales, and comprehensive sign plan provided the following
conditions are met:
1. The parking lot is properly striped to provide the required number of parking
stalls.
2. The property owner provides a site plan that identifies the limits of allowed
outdoor storage subject to the regulations of the New Hope Zoning Ordinance.
No outdoor storage shall be permitted within required parking and driveway
locations.
3. Approval of the comprehensive sign plan provided the number of "for lease"
signs is limited to one per frontage. No "for lease" sign shall exceed 64 square
feet.
2
DESIGN & REVIEW COMMITTEE
November 17, 2011
Committee: Anderson, Houle, Landy, Nirgude, Onadipe, Svendsen
The Development Review Team met on November 16 to consider a request for a conditional use permit
to allow a firearms range, which is listed as a recreational business, in the I, industrial zoning district at
5121 Winnetka Avenue N.
Staff: Axel, Coone, Fournier, Rader, Weiss, Wolf
Consultants: Brixius
PLANNING CASE: 11 -08
PROJECT: CUP
ADDRESS: 5121 Winnetka Avenue North
ZONING: I, Industrial
PROPERTY OWNER: Hillcrest Development, LLLP
APPLICANT: Sealed Mindset Training, LLC
DESCRIPTION: Sealed Mindset, LLC, is a provider of dynamic, live firearm training environments, and
is requesting a conditional use permit to allow for a firearms range in the industrial district.
The Development Review Team was supportive of the request, however, had questions and concerns
and offered the following comments:
Comments:
• The proposal meets the requirements for a commercial recreation CUP in the industrial district
relating to access, neighborhood compatibility, lighting, surfacing, and landscaping
• The proposal meets the administrative CUP requirements for compatibility with the
Comprehensive Plan and current and future land uses, as well as no depreciation in value and
meeting the performance standards of the city
• The proposal also meets the administrative CUP requirement in the industrial district for
economic return, however, more information is needed to establish the proposal will meet the
nuisance requirement (noise, parking)
• Hillcrest Development should be commended for its work to renovate the building and bring
new companies to the city
• No concerns from Police, Public Works or Parks departments
Zoning issues needing to be addressed:
• Provide proposed floor plan including classrooms, office and firearm range spaces
• Provide additional information about enrollment, classes and hours of operation
• Provide information on noise levels
• Provide a final count on number of parking spaces - plans on file show approximately 250 stalls
but not all are striped in reality
• Architectural code analysis needed
• Provide an updated floor plan of entire building (Hillcrest)
• Provide a comprehensive sign plan (Hillcrest)
• Possible SAC charges. Determination by Met Council.
ATTACHMENTS:
• Application
• Narrative
• Northwest Consultants (planning) notes
• Maps
NOTE: REVISED PLAN DEADLINE is Wednesday, November 23, by 3 p.m.
Planning Commission, Tuesday, December 6, 7 p.m.
City Council, Monday, December 12, 7 p.m.
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A g C D E _ F
G H I
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 -08 Larry Yatch 11/4/11
Sealed Mindset Training LLC 1/10/2012 3/9/2012
5121 Winnetka Ave N
New Hope, MN 55428
1 -877- 723 -7573
07- 118 -21 -11 -0018
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.
I. 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.