HomeMy WebLinkAbout[08c] IUP - District 742{;x'1'1' (3F t+T.JUhF;1~H
Council Agenda Item v
MEETING DATE: September 17, 2009
AGENDA ITEM: Interim Use Permit, District 742
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on August 31, 2009 to consider an Interim Use Permit to allow a day care business in a
public zoning district. The original hearing notice cited that the Planning Commission would be
considering a Special Use, but since a Special Use remains with the property, it was determined that the
best process for the daycare would bean Interim Use Permit. Both the Special and Interim Use require
the same administrative process; therefore the notice that was mailed met the requirements.
The Planning Commission recommended the Council issue an Interim Use Permit contingent upon
review of the status of the temporary classrooms that have yet to be removed.
PREVIOUS COUNCIL ACTION: The City Council has previously granted a special use permit to District
742 to allow portable classrooms. The approval included removal within three years of issuance. When
District 742 determined that a new school would be built, the City extended the timeline for the
portable classrooms until the school was finished. At this time only one of the classrooms has been
removed.
BACKGROUND INFORMATION: The School District has submitted an application to allow the leasing of a
portion of the Kennedy School for a day care facility. The day care facility would be privately owned and
have an emphasis on fine arts. Amy Voss is the owner of All Saints Academy and has entered into a long
term lease for approximately 7,000 square feet.
When the building was used as a school, part of the function was aftercare. The proposed used for day
care is similar in nature. The property is currently zoned Public and as long as the School District owns
the property the day care can be included, but an Interim Use Permit would be required. If the
property is sold to a non public entity, the property would have to be rezoned and at that time the
status of the day care would be determined.
During the public hearing some residents questioned the portable classrooms and why they have not
been removed. They were of the understanding that they would be removed and the District has not
maintained the exterior. Staff was directed to look into the previous actions. Since the Planning
Commission meeting District 742 has agreed to remove the portable classrooms and is in the process of
looking for a buyer. (See email dated September 10).
With regard to the restoration after the classrooms are removed, the exterior will return to what it was
before the classrooms were added.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Resolution of Findings, Eldred Haus email correspondence, Planning
Commission material.
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Resolution of
Findings issuing an Interim Use Permit to District 742 to allow a day care facility at 114 -1St Avenue SE.
The Interim Use Permit will expire when District 742 no longer owns the property.
Judy Weyrens
From: Eldred Haus [Eldred.Haus@isd742.org]
Sent: Thursday, September 10, 2009 4:42 PM
To: Judy Weyrens
Cc: Joseph Prom; Kevin Januszewski
Subject: Portable Classrooms At The old Kennedy Site
Hi 7udy,
I have spoken to Mr. januszewski regarding the removal of the portable classrooms attached
to the old Kennedy Bldg. We are planning on removal of the portables and restoring the areas
to the existing conditions. I will be sending out information regarding these portables to
various web sites looking for interested parties. I am hoping to have these portables out
before the snow flies. I f does not meet your satisfaction please let me know. I hope that
this does not impact the variance decision by the city council.
i
crr~~ qF sr ~inrrtt
Planning Commission Agenda Item 5
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
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 it 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 any problems in the future.
~ CITY O~ ST. OS~PH
1
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
Judy Weyrens be located in the former Kennedy School Building, located at 124 1St 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,
AI 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
Renee Symanietz Quarter-Quarter; thence continuing along said North Line East 1,106.6 Feet to the
Dale v;/ick 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 15` Avenue SE
zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
phone 3zo.363.7zo~ 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) F~ECEIVE~
>ss ~iUG 18
2009
COUNTY OF STEARNS)
(;fTY GF S~i .JOSEPH
NAME: St. Cloud Area School District No. 742 PHONE: 320-253-9333
ADDRESS: 1000 44th Avenue N. Suite 100, St. Cloud, NIl~i 56303
I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County,
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
Application is hereby made for Seeciai Use Permit to conduct the following: lease a portion of the former
Kennedy School 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, NIlV 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 1St 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.
~ /J
Applicant Signature: ~ L~+../S ' S ~. Date• . D -! ~l~
Owner Signature: ~ Date: J 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 Applicant/Property Owner notified of City Council Action:
DataViewOnline Map
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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.
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https://portal.sehinc.com/sehsvc/html/dvo/rnapLayout.htm 8/l 8/2009
ORDINANCE 52 -- ZONING ORDINANCE
Section 52.36: PUBLIC DISTRICT
Subd. 1: 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) Propert~djacent to County State Aid Hi~hway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of--way line. Any structure shall have
a twenty (20) foot setback from the highway right-of--way.
b) Front .vard. Setback shall be twenty (20) feet from the lot line.
c) Side yard. Setback shall be ten (10) feet from the lot line. If the property's side
yard 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 h~ 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 area.
Subd. 6: Other Requirements.
a) Parkin Lots. All parking 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) Loadin Docks. All loading docks shall conform to the standards set forth in
Section 52.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
52.36-1
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 3], 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 ]5i 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 S6303.
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. Jose h 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 o 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 3150 day of Au ust 2009
ATTEST
Michael Deutz, Acting Planning Commission Chair
Judy Weyrens, Administrator
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 15` 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 City Council made the following motion:
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 would expire when St. Cloud ISD 742 ceases to own the property.
2. The current Special Use Permit allowing the portable classrooms is verified for compliance.
3. The current no parking signs be replaced with signs indicating drop off only.
4. Employees are required to park in parking facilities on the Kennedy Site.
Adopted this 17`h day of September , 2009
ATTEST
AI Rassier, Mayor
Judy Weyrens, Administrator