The URL can be used to link to this page

Home My WebLink About[05] Interim Use Permit - St. Cloud School District 742Ci7'1' OF 1T. JI)tiF 1'Fi MEETING DATE: AGENDA ITEM: SUBMITTED BY: Planning Commission Agenda Item 5 August 31, 2009 St. Cloud School District 742 Interim Use Permit Child Care Center Administration PREVIOUS PLANNING COMMISSION ACTION: When the City reviewing zoning districts in 2001, the property of former Kennedy School was rezoned from Agricultural to Public. At the same time the Zoning District regulations were updated (See attached). BACKGROUND INFORMATION: As you may be aware, District 742 is working with Amy Voss to lease a portion of the building for All Saints Academy which is a day care with a music emphasis. In reviewing the Public Zoning District, the Ordinance does not have a provision for such. I have checked with the City Attorney and he recommended the District be required to complete a special use permit process to allow for such. When Kennedy was used by the District, the use included Kid Stop, which is a child care service. As long as the School District owns the building the use could be permitted through a special use permit process. Once the property is no longer in ownership by a public entity, the use would not apply and will be listed as a condition on the resolution. You may also be aware that the City is still looking at options for the facility and if the facility is part of the long range plans of the City. If a special use permit is not issued, the only other option is to rezone. At this time, without knowing the use of the property south of the School, which may be difficult. The Special Use Permit appeared to be the best solution. ATTACHMENTS: Resolution, Hearing Notice, application, buffer map REQUESTED PLANNING COMMISSION ACTION: Authorize execution of the Resolution recommending the City Council issue an Interim Use Permit to St. Cloud School District 742 to allow the operation of a Child Care Facility. NOTE: The address listed on the application is incorrect; therefore before publication the address has been corrected. When the hearing notice was published it was published as a Special Use Permit based on Legal opinion. However, when preparing the findings ii was determined the best process would have been an Interim Use Permit. Since the process for Interim Use and Special Use are identical the due process requirement is complete and will not present ony problems in the future. ~. CITY OF ST. OS~PH WWW. cityof stjoseph.com City of St. Joseph Public Hearing The Planning Commission for the City of St. Joseph will be conducting a public hearing on Monday, August 31, 2009 at 7:10 PM. The purpose of the hearing is to allow for the Administrator operation of a child care center in a Public Zoning District. The proposed child care center will ~udy ~eyrens be located in the former Kennedy School Building, located at 1241St Avenue SE. The property is legal described as follows: Mayor That part of Lot Thirty-one (31) of Auditor's Subdivision No. 4, Village of St. Joseph, Al Rassier and part of the Southeast Quarter of the Southwest Quarter (SE'/, SW'/,) of Section (10), Township 124, North of Range 29 West, Stearns County, Minnesota, described Councilors as follows: Commencing at a point on the North Line of the Quarter-Quarter above Steve Frank described, said point being 205.68 Feet East of the Northwest Corner of said Bob Loso quarter-Quarter; thence continuing along said North Line East 1,106.6 Feet to the Renee Symanietz Dale Wick Northeast Corner of said Quarter-Quarter, thence along the East line of said Quarter-Quarter, South 00° 20' West 686.0 Feet; thence West 662.68 Feet; thence North 00° 20' East, 276 Feet, thence south 89° 57' West, 663.28 Feet to a point on the West Line of said Quarter-Quarter; thence along said West Line, North 1° 10' East, 274 Feet; thence North 89° 49' East, 213.95 Feet; thence North 02° 19' West, 136.14 Feet to the point of beginning; said Tract containing 16.00 Acres, more or less, and being subject to an existing Partial Road Right of Way along the West line thereof; all being in Stearns County, Minnesota. St. Cloud School District No. 742, 1000 44th Avenue N Suite 100, St. Cloud, MN 56303 has submitted the request for Special Use. Judy Weyrens Administrator Publish: August 21, 2009 Former Kennedy School 124 1St Avenue SE zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 phone 3zo.363.7zoi Fax 3zo.363.o34z APPLICATION FOR SPECIAL USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW Fee $_ P. O. Box 668 Paid _ St. Joseph MN 56374 receipt ~ (320)363-7201 or Fax (320)363-0342 Date _ STATE OF MINNESOTA) RECElVE® >ss AUG 1$ 2009 COUNTY OF STEARNS) ~=~T`' OF S~i . JuSEPH NAME: St. Cloud Area School District No. 742 PHONE: 320-253-9333 ADDRESS:_ 1000 44th Avenue N. Suite 100, St. Cloud, MN 56303 1/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Steams County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): I . Application is hereb made for Specia] Use Permit to conduct the following: lease a portion of the former Kennedy Schools to Little Saints Academy Child Care 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): See attached 316 South 1st Avenue, St. Joseph, MN 56374 3. Present zoning of the above described property is: school 4. Name and address of the present owner of the above described property is: same as above 5. Is the proposed use compatible with present and future land uses of the area? Please explain: yes 6. Will the proposed use depreciate the area in which it is proposed? Please explain: no 7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain: yes 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: yes Legal Description of property at 316 South 1 S` Avenue, St. Joseph owned by the St. Cloud Area School District No. 742: That part of Lot Thirty-one (31) of Auditor's Subdivision No. 4, Village of St. Joseph, and part of the Southeast Quarter of the Southwest Quarter (SE '/4 SW '/4) of Section Ten (10), Township 124, North of Range 29 West, Stearns County, Minnesota, described as follows: Commencing at a point on the North Line of the Quarter -Quarter above described, said point being 205.68 Feet East of the Northwest Corner of said Quarter-Quarter; thence continuing along said North Line East 1,106.6 Feet to the Northeast Corner of said Quarter-Quarter; thence along the East Line of said Quarter -Quarter, South 00° 20' West 686.0 Feet; thence West 662.68 Feet; thence North 00° 20'East, 276 Feet; thence south 89° 57' West, 663.28 Feet to a point on the West Line of said Quarter-Quarter; thence along said West Line, North 1 ° 10' East, 274 Feet; thence North 89° 49' East, 213.95 Feet; thence North 02° 19' West, 136.14 Feet to the point of beginning; said Tract containing 16.00 Acres, more or less, and being subject to an existing Partial Road Right of Way along the West Line thereof; all being in Stearns County, Minnesota. Attached to this application and made a part thereof are other material submission data requirements, as indicated. ~ Q J Applicant Signature: ~'/'~'`' Gv~+~S ~ S 1 Date:. D ^! 7~~ Owner Signature: Date• ~7 ? ~~/ FOR OFFICE USE ONLY DATE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE: Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: Approved Disapproved Date of Action Date AppticantlProperty Owner notified of City Council Action: ORDINANCE 52 -ZONING ORDINANCE Section 52.36: PUBLIC DISTRICT Subd. l : Intent. It is the intent of this district to provide ordinances governing the use and development of property owned by the City, the County, the State of Minnesota, or any other political subdivision. This section is intended to allow the use of such property for any public purpose while minimizing the impact of any such public use which is incompatible with or detrimental to the essential character of land adjoining the Public District. Subd. 2: Permitted Uses. The property in the Public District may be used for any public purpose. Subd. 3: Setback Requirements. a) PropertYad~acent to County State Aid Hi way 75. Shall have a ten (10) foot landscaped setback from the highwayright-of--way line. Any structure shall have a twenty (20) foot setback from the highway right-of--way. b) Front yazd. Setback shall be twenty (20) feet from the lot line. c) Side yazd. Setback shall be ten (10) feet from the lot line. If the property's side yazd is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. Subd. 4: Hei t Requirements. Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 5. Site Coverage. No roofed structure or combination of roofed structures shall occupy more than 60 percent of the lot area. A combination of structures and nonporous surfaces may not cover in excess of 90 percent of the lot azea. Subd. 6: Other Requirements. a) Pazking Lots. All pazking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading_Docks. All loading docks shall conform to the standazds set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. 52.36-1 DataViewOnline Map Page l of 1 Buffer Map mot. ~loua Hrea ~cnooi Ulstrlct No. /41 - 5 ~ I -- , - - - - y - I r ti - T ~_ I i „ E_ ~~ I ~ i I.. r--~ l z Ir ---i .i 'cgs. ~ _ .~ ~I~ ._ ~ I 1 ' - L _ _ J. '~' --.. .LTA= -."-( I ~r~ Z I I ~r i i _ rr I ,, - 2 ~ rr ~ I I I 1. ~_ i ~ - r II ^il I J-! ' ~_ it c a, _ _~ L.-i l I i i t I ~~ F F ~', y r -'T1 i rr ~ ~ ' fir:=~^ ~ - .- -. - --~-_-11 s: I 7' I tt. ~ ~' rr i iz i I f~_, SEH 2003 U _ ~ ~ /•j7~{~!'~ , J x_11-- - r -~ ^~- -- _ ------ 1~ ~ ~ i9~` _ i. _.I J ~ _.-_ .. 'iss' ~~ ~. - ~- ~-r I ~ ,' F----1~ Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. al Use Hermit 1 f __ -_ I _.._ `__ _.___ - I` r' ~ rl ' I --- -, -~ ,' - _~ - I ~ I -- ~ T--- ` - t 9,,FS.3f, ~ _ 134 -,- - ~ ~ - ~ ~ I IT I ~ a ~` v' , D l I Y ~ ~.i tY ~ -. _ ~ 1 ~ .. ., Il. - -_•-- _... - _ - -__ a I '`~ `.: ~ ~. I . m ' . . : 1 ( }- r y I - , ,: L". J,. p . ~. 1 rte,-~ _ ~ r. ~ n : I :~v I https://portal.sehine.com/sehsvc/html/dvo/mapl,ayout.htm 8/18/2009 Resolution of finding The request of St. Cloud School District No. 742, for an Interim Use Permit came before the Planning Commission at a public hearing held on August 31, 2009. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow for the operation of a child care center in a Public Zoning District. The property is located at 124 15t Avenue SE, St. Joseph, MN 56374. The request for Interim Use has been submitted by St. Cloud School District No. 742, 1000 44`h Avenue N, Suite 100, St. Cloud, MN 56303. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04. Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to for the operation of a child care center in a Public Zoning District with the following contingencies: 1. The Interim Use Permit will expire at the time the School District or transfers the property to a developer other than a Public Entity. Adopted this 31~` day of Au ust 2009 ATTEST Michael Deutz, Acting Planning Commission Chair Judy Weyrens, Administrator