CR 92-246 CUP - Open Circle Adult Day Care
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December 1, 1992
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council Report 92-246
CONDITIONAL USE PERMIT - OPEN CIRCLE ADULT DAY CARE
Proposed Action.
staff recommends the following motion: Move to approve
Resolution 92-112 approving a conditional use permit to allow an
adult day care center at the Hopkins Village apartments located
at 9 Seventh Avenue South.
Mr. Winship moved and Mrs. Reuter seconded a motion to approve
Resolution RZ92-33 recommending approval of a conditional use
permit to locate an adult day care center at the Hopkins Village
Apartments.
Overview.
Open circle Day Care Center is proposing to move to the Hopkins
Village Apartments located at 9 Seventh Avenue South. Open
Circle will occupy a space on the first floor. The space that
Open Circle is proposing to use was occupied by a day care center
for children.
Open Circle Day Care Center
the Hill Lutheran Church
Previously Open Circle was
school.
is currently located at Shepherd of
located on Blake Road in Edina.
located in the old Harley Hopkins
The Zoning Ordinance requires a conditional use permit for day
nurseries.
Staff reviewed the request with the commission. Pam Blixt,
representing Open Circle Adult Day Care Center appeared before
the Commission. She stated that they started in Hopkins and have
been looking for space to relocate in Hopkins for several years.
She also stated that with this new facility they will be able to
expand their program to 40 adults. The Commission discussed
various operational issues with Ms. Blixt. There was no one in
the audience to speak on this issue.
Primary
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Issues to Consider.
What is the site zoned?
What are the requirements for a day nursery?
Should the Ordinance be changed to reflect other types
of day care?
SUDDortinq Documents.
o Analysis of Issues
o Letter from Open Circle
o Resolution 92-112
Nancy S. Anderson, Planner
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CR92-246
Page 2
Primary Issues to Consider.
o What is the site zoned?
The site is zoned B-3, General Business. Day Care uses are
permitted by conditional use permit.
o What are the requirements for a day nursery?
The zoning Ordinance requires the following:
1. An area of 50 square feet or more per design capacity is
provided outside enclosed by a five foot high appropriately
designed fence;
2. Said operation shall have a state permit.
The applicant will have a state license to operate the day care
facili ty. The requirement for the fenced area seems
inappropriate for adults. The Ordinance was written for day care
for children because at the time the Ordinance was written adult
day care did not exist or was uncommon. Staff would recommend
waiving the requirement for a outside enclosed area as it does
not appear applicable or necessary for the proposed use.
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Should the Ordinance be changed to reflect other types of
day care?
In looking at the Hopkins Zoning Ordinance, the Ordinance needs
to be updated to reflect the new types of day care and also to
comply with the State statue. Staff would recommending amending
the Zoning Ordinance to reflect the different types of day cares
that are now existing.
The following definition seems to cover all the various types of
day care that presently exist: Day Care Facility - A facility
licensed by the State Department of Human Services, public or
private, which for gain or otherwise, regularly provides one of
more persons, as defined by the State Human Services Licensing
Act, with care, training, supervision, habilitation,
rehabilitation or developmental guidance on a regular basis, for
periods of less than 24 hours per day. Day care facilities
include, but are not limited to: family day care homes, group
family day care homes, day care centers, day nurseries, training
and habilitation services for adults, day treatment programs,
adult day care centers, and day services.
The State Statue also requires that residential facilities are a
permitted use ln single family zoning districts and multiple
family zoning district. The following is a definition of a
residential facility: Residential Facility - a dwelling where a
state-licensed residential program, public or private, where for
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CR92-246
Page 3
galn or otherwise, regularly provides a 24-hour-per-day
substitute for care, food, lodging, training, education,
supervision, habilitation, rehabilitation, or treatment for one
or more persons, as defined by the state Human Services Licensing
Act, outside a person's own home, except in the case of persons
with mental retardation where the program may be in the person's
home.
The following are the state statue requirements for day care
facilities and residential facilities:
permi tted in all single family districts Day Care Facility
serving 12 or fewer persons in a Single Family Detached Dwelling.
Permitted in all single family districts - Residential Facility
serving 6 or fewer persons in a Single Family Detached Dwelling.
Permitted in all multiple family districts - Residential Facility
serving 7-16 persons operated on the premises of an allowed
Multiple Family Dwelling or Dwellings.
Permitted in all multiple family districts - Day Care Facility
serving 13 - 16 persons operated on the premises of an allowed
Multiple Family Dwelling or Dwellings.
In looking at a few other cities, day care facilities are allowed
in the business district with a conditional use permit. The only
condition required was that the day care facility is required to
have a state license. Staff would recommend that day care
facilities be allowed in the business district with a conditional
use permit.
Alternatives.
1. By approving the conditional use permit, the applicant will
be able to operate an adult day care center in the Hopkins
Village Apartment complex.
2.
By denying the conditional use permit,
not be able to operate an adult day
Hopkins Village Apartment complex.
the applicant will
care center in the
3. continue for further information. If the city council
indicates that further information is needed the item should
be continued.
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CONDITIONAL USE PERMIT APPLICATION
Narrative for Open Circle Adult Day Program
Open Circle is an adult day care program licensed by the Minnesota department of human
services to provide a therapeutic daily activity program for frail elderly and disable adults
living in the western suburbs of the Twin City area. Our plan for this space is to increase
licensed capacity to 40 persons per day. The average age of participants is 80 and they
generally live both alone or with families in Hopkins, Minnetonka, or St. Louis Park. The
program provides transportation which picks the participants up in the morning to arrive at
the center around 9:00 AM and then they are taken home at 3:00 PM. During the day two
snacks and a noon meal are served. The program provides the following services to
participants who attend:
a.
b.
c.
d.
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f.
g.
h.
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Health monitoring
Nutritional counseling and hot meals
Medication administration and monitoring
Personal care services such as foot care
Assessment & case management
Respite and support for caregivers
Nursing services and evaluation
Therapeutic recreation and music therapy programming
Transportation to and from the program
Social services such as referral and counseling
Treatment by Audiologists, Speech, Occupational & Physical Therapists
Individual goal setting and treatment planning with quarterly care conferences
Caregiver support through educational sessions and social activities
Our inclusive cost is based on a sliding fee scale up to $40 per day, including transportation.
We maintain a staffing ratio of 1:5 participants, excluding the Director. In addition we
provide the services of special consultants such as a Music Therapist, Foot Care Specialist,
and Community Education Teachers. We also have various volunteers who assist us with
programming. All Open Circle staff have Bachelor's or Master's degrees in Therapeutic
Recreation and certification in CPR, First Aid and Medication Administration.
Open Circle maintains contracts with the Minnesota Alzheimer's Association, the Hennipen
County Community Health Pre-Admission Screening Department, and the Hennipen County
Community Services to Seniors.
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CITY OF HOPKINS
Hennepin County, Minnesota
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RESOLUTION NO: 92-112
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT
WHEREAS, an application for a conditional use permit CR 92-246 made by the
Open Circle Day Care Center is approved.
WHEREAS, the procedural history of the application 1S as follows:
1. That an application for a conditional use permit CUP 92-8
was filed with the City of Hopkins on October 23, 1992.
2. That the Hopkins Planning Commission reviewed such
application on November 24, 1992.
3. That the Hopkins Planning Commission, pursuant to mailed and
published notice, held a public hearing on November 24,
1992: all persons present at the hearing were given an
opportunity to be heard.
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4. That the written comments and analysis of the City Staff and
the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that application for CR 92-246 1S hereby
approved based on the following Findings of Fact:
1. That the proposed use of a day care is permitted in the B-3
zoning district with a conditional use permit.
2. The proposed site and existing uses are compatible with the
proposed day care facility.
BE IT FURTHER RESOLVED, that application for CR 92-246 is hereby approved
based on the following Conditions:
1. That the requirements for an enclosed area is waived as it is not
applicable to the proposed use.
Adopted this 8th day of December, 1992.
Nelson W. Berg, Mayor
.TTEST:
James A. Genellie, City Clerk