Resolution approving an amendment to the Planned Unit Development to allow for a use to operate an outdoor physical therapy area within the medical campus (1431 Premier Drive); by request of Orthopedic and Fracture Clinic.

At the August 28, 2024, meeting, the Planning Commission recommended the adoption of the resolution amending the Planned Unit Development to allow for a use to operate an outdoor physical therapy area within the medical campus (1431 Premier Drive) with the following findings:

1. The operation of the outdoor physical therapy space, as proposed, is complementary to the operation of the site as a medical clinic that provides physical therapy services.
2. The proposal does not interfere with or diminish the use of the property in the immediate vicinity. 
3. To the extent known, the property conforms with all other applicable regulations of the district, and other applicable ordinances.
4. The proposal will not jeopardize the public’s health, safety, or general welfare.
5. It is in keeping with the comprehensive planning policies of the city as amended from time to time.
6. The development of the planned unit development will conform to the approved development plan, including all proposed covenants, easements, conditions of approval, and other provisions relating to the bulk, location, and density of permitted structures, accessory structures, parking, and other public facilities. 

The applicant, Orthopedic and Fracture Clinic, is requesting an amendment to the previously issued Planned Unit Development. The amendment would allow for a use to operate outside a completely enclosed structure for an outdoor physical therapy area at the existing Orthopedic and Fracture Clinic building within the Wickersham medical campus in the Office Zoning District.

The planned unit development provisions in the City Code allow the City Council the authority to approve any planned unit development to change, alter, modify, or waive any portion of the applicable standards as they apply to the proposed planned unit development. In allowing flexibility, the City Council shall find that the proposed planned unit development will achieve the purpose of a planned unit development and will not violate the general purpose, goals, and objectives of this chapter and of any plans adopted by the Planning Agency or the City Council. 

The applicant is requesting that the planned unit development be amended to allow for flexibility to City Code, Section 10.42. Subd. 2. Permitted Uses, which states: "Except as specifically limited herein, the following uses are permitted in the O-Office District. Every use shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment". The use of the property as a medical clinic is considered a Permitted Use in the OR Zoning District, although this only applies to those uses that operate entirely within a completely enclosed structure. The applicant's narrative states that the operation of physical therapy on a dedicated exterior turf area would be complementary to the functionality of the development as a medical clinic and physical therapy operations. This is not dissimilar to outdoor operations for child-care facilities or restaurants.

The applicant makes a case for its complimentary use in their narrative, stating that: "The amendment is to accommodate a new synthetic turf area for the benefit of OFC patients. The added exterior turf area allows for enhanced on-campus rehabilitation opportunities by mimicking an actual outdoor experience. A combined indoor/outdoor therapy setting enhances rehabilitation efforts and results for patients. The goal of this request is to provide a more comprehensive rehabilitation experience with a connection to the outdoors, allowing patients to learn to adapt to the external conditions they will face when they have completed their physical therapy. Different surfaces allow patients to simulate navigation of the many terrains they will encounter, such as sidewalks, curbs, pavement, natural grass, and synthetic turf. Due to the unique medical use of this property, special considerations for spaces and materials must be made to accommodate the therapy setting for recovering patients. The outdoor synthetic turf area is meant to simulate outdoor environmental conditions as a rehabilitative therapy tool. This indoor/outdoor therapy experience better prepares rehabilitation patients for life after recovery."

As previously stated, the applicant's submission states that the code allows for unlisted uses that are complimentary to the functionality of the planned unit development. The applicant states that the outdoor turf area to be used for enhanced physical therapy should be considered as complimentary to the development's function as an Orthopedic and Fracture Clinic. This modification would be allowed as an amendment to the Planned Unit Development on the basis that the modification of the regulation will achieve the purpose for which a planned unit development may be approved pursuant to this section, and that it will not violate the general purpose, goals, and objectives of this chapter and of any plans adopted by the Planning Agency or the City Council.
The applicant's narrative states that the outdoor turf will be for patient use and that it will provide a more comprehensive rehabilitation experience with a connection to the outdoors, allowing patients to learn to adapt to the external conditions they will face when they have completed their physical therapy. In addition, the narrative states that different surfaces allow patients to simulate navigation of the many terrains they will encounter, such as sidewalks, curbs, pavement, natural grass, and synthetic turf. The applicant also adds that the added exterior turf area allows for enhanced on-campus rehabilitation opportunities by mimicking an actual outdoor experience. A combined indoor/outdoor therapy experience enhances rehabilitation efforts and results for patients. The applicants feel that synthetic turf, in lieu of sod, would provide better performance under expected use by patients during their rehabilitation activities. The proposed hours of operation for the outdoor area are from 8:00am to 8:00pm and would be based on pre-scheduled appointments. It is expected there will be no increased noise levels or impacts on surrounding properties. During intensely cold temperatures and inclement weather, the outdoor turf space will not be utilized on a frequent basis. However, the clinic advocates allowing patients the opportunity to train for maneuvering in adverse weather, with the intention that this will also provide benefits to their rehabilitation and recovery efforts. 

Lighting of the area will be indirect and minimal, as the only exterior lighting of the area will come from the previously approved lighting, located above the entrance door to the south of the turf area. No additional lighting of any kind is proposed in or for the outdoor turf area.

A condition has been included that prohibits the storage of all materials, products, and equipment used in the operation of physical therapy in the outdoor synthetic turf area. The applicant confirmed that there will be "no storage of materials, products, or equipment on the exterior turf area" in their narrative.

Regarding physical changes proposed in the amendment, the creation of an outdoor area of synthetic turf is shown on the site plan and other associated documents. The synthetic turf area is shown to be 60-feet long by 14-feet wide, or 840 square feet. The area projects out of the Northeastern corner of the recently approved addition to the physical therapy area of the Orthopedic and Fracture Clinic toward the new parking area.

The applicant proposes to screen the outdoor turf area from the parking area using landscaping and a four-foot ornamental fence. The fence will fully enclose the outdoor turf area and limit access to the area. Access to the turf area will only be available from the garage-type door of the physical therapy. Therefore, access to the external use (physical therapy) will only be provided in conjunction with the internal, complementary use (physical therapy).