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HomeMy WebLinkAbout1980 [01] Jan 07 St. Joseph Planning Commission Public Hearing and Meeting January 7, 1980 Members present: Ben Kremer, Tom Nahan, Art Budde, Phil Durkee, Hal Klein. Visitors: (see attached list). The Hearing was called to order at 7:35 p.m. The Public Hearing was held in response to Russ and Dorothy Swanson's request for a special use permit to operate a Group Day Care Center and Nursery School at 115 N.E. 2nd Ave. in St. Joseph. Tom Javonovich explained to the commission that the ordinance as written does not specifically permit a Day Care Center or Nursery School, but that a special use permit can be granted to an institution whose function is education. The commission's first task was to determine whether the proposed facility was an educational enterprise, and then whether the establishment of such a facility would in any way be injurious to the neighboring residential citizenry. Mr. Swanson described his background, his wife's background, the operation and location of two other Day Care Centers in St. Cloud, and the state regulations governing Day Care facilities and their staffs. He submitted letters of commendation for their management and operation of extant Centers from citizens in St. Cloud. He submitted a~petition signed by siz: families in the area of the proposed site which stated they had no objection to the ,establishment· of' a- Center. '.Heindicated the interest which he and his wife have in $'Btablishing a facility in St:.. Joseph where they feel there is a need. He emphasized the benefit of such a facility to the working families of the area. To questions concerning the specific educational functions and staff qualifications, Mrs. Swanson described examples of educational activities, her credentials and experience, the training of the Nursery School and Day Care staff. The City Fire Marshall and Building Inspector have inspected the proposed site and given their approval. Dr. R.W. Kelly asked questions concerning hours of operation, number of staff, training of staff, erection of a fence, insurance. Art Budde asked questions concerning the summer operation and activities of the Center. To a question about the number of children served by the Center, Mrs. Swanson replied that it could serve 35-40 children, but they would accept only a maximum of 30. The policy for acceptance was described. Mrs. Walak asked about the amount of freedom and regimentation in children's activities at the Center. To a question of age limits, Mrs. Swanson said that ages are restricted from age 2 to 5. Mr. Maleska voiced his opposition to granting additional special use permits in that area of town which is zoned R-1. In response to Mrs. vlalak' s question whether buses would be driving to the Center, Mrs. Swanson replied "no". Mr. Schneider asked if the Center would fall within the definition of a boarding house which is excluded from R-l zones. The primary function of the Center would not be boarding. Mr. Schneider asked about parking in the alley. Mrs. Swanson admitted that the fence would have to be placed so that there was adequate employee parking on the property and off the alley. A letter was read by Nell and David Pfannenstein, nearby residents to the proposed site, which declared their opposition to the establishment of the Day Care facility because it would be a business in a residential area and could create traf£ic conjestion. Mr. Maleska and others complained that several businesses in that area have special use permits with stipulations, but the stipulations have not been honored, resulting in the abuse and violation of privacy rights of area residents. To questions about other sites in St. Joseph, the Swansons stated that they had earnestly sought other sites, but that either the lots were too small, or the structures did not meet state regulations, and new construction was too expensive. Phil Durkee moved that the Planning Commission declare the Day Oare/Nursery School facility as an educational institütion as determined by the finding of facts, and therefore, that the facility satisfies the special use requirements stated in section II, subdivision I, paragraph 5 of the ordinande code. The motion was seconded by Art Budde. The motion was approved unanimously by the Commission. The pertinent facts were record- ed by Tom Javonovich. Phil Durkee then moved that the granting of a special use permit for the establishment of a Day Care/Nursery School facility be recommended with the following stipulations which would protect the rights, privacy, and comfort of neighborhood residents: 1) that a single-lane turn around be constructed in front of the Center for dropping off and picking up children, 2) that employee parking be constructed on the property of the Center, 3) that the maximum number of children served by the Center be 30, 4) that an annual review of continued state certification of the Center be made by the Planning Commission, 5) that, among the rules and policies issued by the Center to customers, the desired access to the Center be specified and the use of alleys be prohibited. Mr. Durkee's motion died for lack of a second. Art Budde moved that the special use permit be denied for the following reasons: the traffic flow problems would be aggravated and residents would be further disturbed and discomforted. The motion also died for lack of a second. Ben Kremer moved that Phil Durkee's motion be passed to the City Council with the provision that the Counoil with the provision that the Council -2- judge whether there is a traffic flow problem in the area, and if so, that the problem be resolved before granting a special use permit. The motion was seconded. The vote in favor of the motion was unanimous. The Hearing was adjourned. The Commission continued its regular meeting by attending to Jim Landwehr's inquiry about exceeding the multiple-dwelling density specified in the present ordinance, which is 12 units per acre. Mike Husen explained that a new zoning ordinance would be required, i.e. an R-4 zoning designation. The meeting was adjourned. Respectfully submitted, Phillip Durkee f~fr~ VISITORS Jan. 7, 1980 Name Wayne Fischer Kathy Jones Russ Swanson Dorothy Swanson John Swanson Mike Husen Jerry Cyphers M. Gerken Beste M. Walak R. W Kelly Marcellus Schneider James Landwehr Al Maleska Tom Javonovich -3-