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AF-SP - 47000March 11, 1986 T0: The City of Fridley RE: The property at 6633 Arther Street NE, City of Fridley, Anoka County Minnesota 5p g�-ol The intentions of Mr. Bradley G. Dunham and Kevin P. Cole, in the purchase and subsequent renovation of the exsiting above discribed building. When completed this structure will bring to the neighborhood a high quality Day- care facility. Our plan is to upgrade both interior and exterior of the building. Substantialy improve the existing landscape, improve and altar the drive pattern, provide some off street parking, This all to be done in a manor that maintains a low neighborhood profile and improves the propertys drive-by appearance. The facility is to be under the direction of Patricia Torgrimson, a long time active Fridley resident. Pat has a degree in elemenCary education from the University of Minnesota-Morris. Teaching experience in a Headstart program, also has done substitute teaching and is a mother of two children. It is Pat's desire to bring to the neighborhood and city of Fridley a top quality day care facility. We look forward to and are excited about the oportunity to serve the needs of the neighborhood and community and develop a long-time good neighbor type relationship. We welcome any suggestions and or input that will allow us to serve you,better. Sincerely yours, �� �l �/ . � , ����. evin . Cole Bradley G Dunham 16 '. . . . • . • • • . • • • . 4� . . . • .... . .. 6e N AvE. :�E. . • . . . . . . . . . . . . . . . . . . . • . � . . • . . . • . . . . . � j� � � � � � � � � � _ � � � _ �.,' •��-. � ��-�� �{ � T ,i J �� . .- . . / HARRIS � POND `' �'��;� , . . � � r s V � — , , � t�1 a � � � � : , I , .��t � . ,�.,.,,�...,�...._._ .�- . O . �p �, • f� � �?!� /;%;,% . �.._. , ��M� � � x I J �' � � . � ci' Q �� . � �; . ��� •�, c� �v '� `� ,� ___.- ,� � 4 . � � . . ►Y 0: d •• . �. � , � � , �� . � �� � O N . U� -t• �s . � � �� �. . __.____ i �07 �I � ��r � . �� ��u '� ' . �41M��I . � c'°� 4 c� � - c; ��� ,._ •. � 21 . O .s � � �:� ,; ��,., � � s,� pIqECTORA7E , � � � �a � O F :� ��� o _�� - PUBLIC WORKS � " ,� CtNOf �=-= � fRJDLEY MEMOAANDUM _ ..._. T0: FROM: Yirgil Herrick John G. Flora, Public Works Director SUBJECT: Day Care Facility - 6633 Arthur Street DATE: March 12, 1986 PMt86-45 . On December 7, 1970, the City Council approved, based upon the recommendation of the Building Standards an�Design Control Subcommittee, the building permit for construction of a daycare center requested by Anoka County to be constructed at 6633 1lrthur Street. At that time� no speeial use permit Was required for the facility. On April 7, 1g80, the Couneil issued a Speeial Use Permit # 80-02 to allpx the daycare center building to be uaed as a facility i'or battered women and children on the request oP the Anoka County Task Force. In the 1982 time-frame, the Alexandria House (battered women and children facility�oved out of Fridley. Sinee that time, the building has rema�ned vacant. The County is preparing to sell the building and a request has beem made, SP #86-01, for a Special Use Permit Por a daycare facility. Is a apecial use permit required sinoe the original structure was allawred tor a dayeare center? Or is a Hearing required in order to inPorm the neighborhood of the proposed use of this property in a re9idential district as a compromiae to our existing R-1 zoning Whieh requires a special use permit Por private schools? Request guidance on how we should proceed xith thia request. • ,�� JGF/ts Enclosures REGUTAR COUNCIL MEETING OF DECEMBER 7, 1970 pAGE 13 3. CONSIDERATIOy OF' A REQUEST TO CONSTRUCT A T.�IYTZNE AGTIVITIES CEDITER TO BE LO('_ATED ON IATS 19, 20� 71ND 21, Bi,OCK 3, OA1C GROVE 71DDITION, THE SAME BEING 6633 ARTHUR S:REET, FRIDLEY, MINIZESOTA. (REQUEST BY ANQKA CO(JNTY, �NOKA COUNTY COURT HOUSE, APlOK11� MINNESOTA) : The City Enqinees said that tt�ie requeat ie for a.day care center requested by l►noka Caunty. It is east of Arthur Street near itice Cresk School. It will look like a house and ha� a dvuble qaraqe with a pav�d driveway. ! MOTION by CounciLman Harri� to conc�u with the Buildinq Standards - Desiqn Control SubcammittQS and qraat approval. Secoad�d by Council.a►an Sheridan. Upon a voice vote, tll votinq aye,_ltayor Yirkham d�clared tha motion carried unaniawusly. MOTION by Councilman Liebl to waive the.qaneral cor.qtruction pezmit feea. Seconded by Councilman Harric. Upon a voice vote, all votinq aye, Mayor Kirkhaua declared the motian carried unanisnously. RECEIVZNG THE MINUTES QF THE PABKS APiD RECREI�T7L�Dl C'C�'4Z5SI0�1 MEETING QF NOVEMBER 23� 1970: Actinq City Manaqer sa.id that the donation of Lots 1-5, Bluck Z, Riverview Hai ts by Mz. Rc�bezt Jaeger has run into a saaq. He may bQ donatinq it to the Fridle Jaycees. The Acting City Managez aaid tbat he and the Director of Parks an Aecreation have beer. wozking on � policy for the tsse of Gity employees rki.oq on tournaments etc. �S to the oak wflt diaease, the City Attorney is kinq wer the Ordinance on Dutch Elm disease to zse if it can bo amended to i clude oak wilt. MOTION by Counci Harris to rQCeive ti�e Minuter of the Parks and Recreation Coc�mission Meetinq of vember 23, 1970. Seco.�ded by Councilman Breider. Mr. Richard harris said tha if oak wilt is to be htndled like the Dutch Elm diseased trees� theze wil be the eame problem with burninq or disposing of the trees. Cauncilman Harria aid that there would have to be a opecial permit qiven. Mr. Dick Hazric won zed if th�re ves anyone qualified in the City to recoqnize oak wilt. The 1lctinq C Managez �aid ti�at samplaa of Dutch Elm disease have bQen eent iato tbe Universi for analysi�. Mr. Harris asked if they charge a fee and th� 7►cting City qer said yes. Mayor Kirkham commented that he felt that the City of lridl had the best weed contzol in the Metropolitan area. THE VOTE upon the motion, beinq a voice vote, all vo�i1'��g aye, Mayor KiYkham declared the motion carried unanimously. � RECENING REPORT FRAM CITY ATTORNEY ON FLAG ORDINANCE: Mayor Kirkham read a letter aloud zeceived from tbe City Attorne ted December �, 1970. It includQd a�uqgestion for amendinq the Ozdin e by inserting the follawing paragragh in place o� ths one pze9ently in a ct: "No pezson shall dirplay oz carry ariy flaq, banaer, ensign or symbol'§ of any government, state, country or political force with vhich the United States of llperican i� engaqed in an armed conflict with the intent to cause a bzeach of peace." . ., i . �, RCGULAR F�EETiNG Of 11PR(C 7. 19C0 r„u� + ��1 Council mcmbcrs �crc in agrce��ent Nith tlic ti ' g and thc followin9 notion was mad��. • . "" � t:OT10Jl by Councilru n Fit:patric concur with thc draft of thc findin;s of fact and reyucst it t�c • eted and ret��rncd to tt�c Council in finished form for action. Sec Dy Council�ro,^an N�ses: Upon a voice vote. all voting aye. K�yur ' decl��ed tl�e c:�tion ta�ried unanir�ously. � Rf.CE1VIt��� HC Pl�.!;'�It;� COt�"tISSI0:1 MI'�UTES QF N�.RCII 19. 1980: �• ' � ' � AT1C't 0� P.ERI!EST FOR SPECiAI IISE Pf.���iT. SP FRO•02 TO ALLOW f � �o.�s��.� _ _ _ _ _ - �4f[�ll lt;� lU C� U:E'i1 i�S f �C1lI lY f C' E:;�T �[ �:E D�:O�;i'1 Jl':U CH1lDRE!� - I1ti0t1�, CO:Y1T1 TI�Sf: F0� CE: ! � f �� , . MOTION by Councilrwn Schneider to concur r+ith the reco�mendation of tF}e Planning Co..:,ission and grant Special Use PerRit, SP 180-02. Seconded by Councilwo;,;an t:oses. Upon a voice vote. all vo:ing aye� Mayor Nee declared the l+ption carricd unanimcusly. CO'�S1DEP,l+T10'1 0� VI,Cl,TiO'1 P.CQUE . Sf�V �PO-01, TO VAf.11TE PART 0�30 UTILITI' El�S:'.`:',1 F�:t E:l'il.ii'. ,"�:Tl�'; 1Q Ju(�; T:ti� BUILDi,;.'��.- CU;,':.kCE C11iClE E;:ST �t;D �7" I CG'S;':RLE C:�:LLC k'EST. V.W. PASCHt;E: > MOTIO:� Councilr:o�:an Kos to sei the publ�c heariny on this vacation request Il�ril 21, 19 , Seconded by Louncilr:an Schneider. Upon a voice vote, all votin ye� Mayor Ree declared the motion carried unani- aausly. COtISIDiRA1 '� Of ITEI•? FP.O?, ,"•�PEt!LS C(''•"1iSS]ON t'It�UTCS OF 1•1AR ]l.,_ 1 CO��S1I1Er,%:i1('�'� OF'CE��JEST F(�t: V�.':1:+'.CES 10 r^,EL'�CE I;1�:1��U�•7 F U1kE1;�NT FOR Uf;ll'�t•::.i ,' l0 '.;E:;;P ;L !,l'E';UE. GUST�;'.'`.0: 44'O1HEftSt Mr. Flora, Vublic kor�•: irector. stated a total of tour riances are rey��ested arith t�ro apnly� to the c�ecks, an� the othcr r,o applying to the distancr b�:t,�een a bui?d�n and the curb lir�e. He st ed a setL•ack of 3� teet � is requii•ed fro.n tne pro�ert line for constru:tion f tl�e doc{:s and the� a�e , req�est�r�g a variance of tive et. furtlier� the ode requires fiv�� feet bet�reen a building and the cur:� ine and a ti�re oot variance is reqt�r.sted. �7ayor ttec stated r;parently st�ff h d sugges d several altcrnatives so there wouldn't be a need for any variances, but ry r,ere not acceptable. Mr. Floyd Gustavson statcd they have to ave thc loading docl:s. and without the variances, the addition rrould hav to e smalter which wouldn't be feasible. t . Councilman Schneider asked if tl� had contac d the adjacent property okners. . Mr. Gustevson strted the pro� ty o�rncrs to the uth are ai�are of thcir plans, b�t they ha�en't talk �:ith anyone in the ailcr court. He stated �otices �:ere sent of the p lic hearing and no one h d voiced any opposition. Councilr.:an Sch�eider stateC he didn't have a problem �•ii h the dock on the South side, bui had soTC uestions on thc one rihich �•roul be located near the trailcr park. lir. Qureshi. City nagPr. sug�ested if thcrc were questions o bc resolved. perhaps tiiis ite. cauld bc brou�i�i back ntxt weck witli furti�er information. MOT10'i b•, Cou il:ran Schnridcr to tahie this ite� !or one areek a direct the stafi t t�riny l�ac�. further inferr,.ation. Seconded by Council. n Qarne:te. pon a voice vote, all voting aye, I•'ayor hee declared t motion earried nanir.wusly. 110T1 hy Councilr�an Schne�d°r to receive the minutes of the Ptanning Cor. ssion Ft�eting of t•;arch 19, l�°,0. SeconAed by Courcilnan Barnette. U n a voice ��ote, all �•oting �ye. I�ayor t;ce dcclared thc motion carricG un nir:+�:sly. � � � � i � � I � i .j i I' � 1 i � � • � � ', 1 \�`�. ( I � ...... .. �._ ( _.. __,,,�,-_-,�► � _,..�.....+,��.�.--�+-• � �... ...._.�.,--.� _ .._ --- -- -- _,. • ..- —�----^-- ��.- r MEMO T0: Jim Robinson, Planning Coordinator MEMO FROM: l�yra Gibson� Planning Assistant .., MEMO DATE: April 1, 1986 REGARDING: Day Care Centers in R-1 Zoning � I called three cities in the Hetro area� Nex Brighton, Brooklyn Center, and Edina, to see haw they handle day care facilities in their Cities. Many of the Cities expressed a need to update their codes to better address the grrn+ing day care industry. A summary of their requirements is as follows: 1. New Brighton permits day care centers vith a special use permit in multiple dvelling districts, commercial and business districts and in R-1 districts for 12 or more cbildren provided that they are housed in churches, schools, colleges or public use centers. Hoaever, tbey would revier� a special use permit in an R-1 district in a different structure� but not necessarily grant the special use permit. It would depend on the circumstances. Their day care centers are generally built or located oa a major artery or busy street because they feel that the traffie can be better handled and there is more visability both consistant xith commercial development. 2. In Brooklyn Center their code conforms to the State regulation of � 1Z children in R-1 districts xith no need for a special use permit� provided they are licensed by the State. For a day care center over 10 children to be alla+ed in R-1 to R-3, a special use permit Would need to be acquired. However, the only day care centers in operation are located in ahurches and schools and those special use permits are permitted With the current zoning in R-1. Day care centers are allowed with a special use permit in C-1 and C-2 zoning providing they are not located on the same property as or adjacent Lo a use which is not permitted to abut R-1 to R-3 xhich Ys then approved by the Brooklyn Center Planning Commission. 3. In Edina, a special use permit is required f or churches and school s in R-1, and these facilities are the only places ia R-1 xhere day care is permitted. Day care centers are hoxever permitted in C-1 or C-2 zoning and petitioners are encouraged Lo establish day care centers in that zone rather than R-1 zones. In all cases, the primary reason �rhy day care centers are generally not permitted in R-t, unless in churches or sehools, is due to the traffic and congestion problems Prom Z-9aa� and 4-6pm. If the facility is located on a busier residential street and �as adequate parking and drop off, then it bas a better cha.nce of being excepted. �. 5 � � �/ . :� � „ .. s, i � � � � ;�. - - � J , � � � �FYI♦ A � � ` � s : � , • - � • � � ' � a � � Z •1 Z 1� ~ ��� �i V C . `'� ` a a : ' ���i� ,. + r,, � STATE � � TRI . - � � � �. � CLII�C/A ` . . � ` � '•' ' •�•�• � �"��`� . � Z � .►`_ � . > p . ` ' Q.ti�� �d. �� � � `�"' t` UCIA AM � CM�NE � ♦.� �;� L Z � '' I • i.� •� � • ��� i � � � � v � M * 1riti�� • w. - � S � � � � • �_ � � � � � � �.� � ��,��Z � ♦ � � ~ w � � � f � r _ � � �.�� \ f A . \ . � � � i : . + w ( � 1 ��� i... �........... � . .�--��a� ...........____ -_—_.. ........:•::_: _ �__ � � _.. .—�— .-�-��4=� — — -�—� � ~ ri �7 � A :�� �� � ��� � ��=o �i�� �,,� ����--.� �,��� �� " ��� `'�� � . �'�i �O�i �� �O �'�� lov �� �o..A�,. � �i�D��'��:`�D�i �ov �..» �:�r:t�:. 4 eo a m���R�unn ��►+�� �aa , �va� ao o ����nrw ��.:1►'1� _�:�•�� � �Li � p �'� �� �� �=�• e - - � . �� �i �nn �. M� v � 31i�7:3 iVl � �� � ��� � � � � �1Q . . .��u00 �+� " . �� .���.,.,., ���� ��w,� �.w '�'���,�: . �� r .- . 9 � � � ■ � a �� ti • � 1� , � • '� ; v { r' •`• �� i,, _ � .:. :�i� � g ; � :.-- _ `�` ••" +' w � ,� ;� ���. �� . � �` � �, r �: c �� �• r. � � T � �� .i�" � ri f � � i � ,_ : � -rrr� r�_ . ���;�� �►.� ■�� i� ''� - ` �i : ■��\ . 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'• � - ' � � I l. �' � ` �`• , �,� • • • ' � � TI' � � • • ��'� � a � � �n'' ' • ' `'' �!' . , i' °'� ' • ` K !T � Jir �i�� � � � J • �Y��' . � . ; � . � r.,�1' � . � . � � � .. � , . .,. ��� . . r � � , � i• '' � �13 �I� �� � , , �� � a -� _ ►� �'' ° � `� � � � �.., s - • ' � , -� , ...� � :; �r � • � � - t = � � J D �: ,' � � , I � �''�. • r $'� ' N •-.•� � • '�, . . 1/� � 1 � � '-.. ' � � r� � . _:' , 1► Y .� .. i . e�r 0 SPECIAL IISE PERMITS APPLZTD FOR DAY CARE FACILITIES � sSP #71-09 Petitioner: Social Dynamics, Inc. (Learning Tree Day Care Center) Zoning: R-1 Location: Lots 1 and 2� Block 1, Oak Hill Addition, the same being 5310 Monroe Street N.E. Section of the Code: 45.051, 3, F"Hospitals, clinics, nursing homes� convalescent homes, homes for the elderly." Maxfmum: ? Request: To permit the construction and operation of a day aursery and learning center in an R-1 Distriet. City Council approval on Auguat 30, 1971• SP #75-26 Petitioner: Nidia K. Hoag Zonin,g: R-1 Location: Lots 12, 13 and 1�1, Block 17, Fridley Park Addition, the same being 6255 East River Road N.E. Section of the Code: 205.051, 3, F"Hospitals, clinies, nursing homes, coonvalescent homes, homes for the elderly." Maximum: ? Request: To allow a Day Care Center. WithdraWn by petitioner on October 7, 1975 because house on property xould not meet State requirements. SP #76-07 Petitioner: Nancy Melbie Zoning: R-1 Location: Lot 12, Bloek 3, Meadowmoor Terrace, the same being 1346 NieadoWmoor Drive N. E. Seetion of the Code: 205.051, 3, F"Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly." Maximum: 10 children Request: To al1oW a ehild care center for ten ehildren in an R-1 Distriet. City Council approval on July 12, 1976. �P #79-09 - , Petitfoner: Fridley United Methodist Chureh Zoning: R-1 Location: Lots 1, 2, 3 ana Lots 22, 23, 24 and 25, Block 2, Christies Addition, the same being 666 Mississippi Street N.E. Section of the Code: 205.051, 3, F"Hospitals, clinfes, nursing homes, convalescent homes, homes for the elderly." Maximum: 40 children Request: To allo�r the use of the present church as a child care center. City Council approval on Segtember 10, 1979• SP #80-01 Petitioner: Hathleen Vikesland Zoning: R-3 Location: 5750 East River Road N.E. Section of the Code: 205.07.1, 3, F"Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly." Maximum: 45 ehildren Request: To a11oW a ehild care center in the administrative and recreation building of the Georgetarn Apartment Complex. 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Kevin Cole, 326 - 120t ane N.IJ. Pat Torgrimson, 5651 egis Drive ��.E. John Y.osmas, 6112 celsior Blvd. Joe Laconic, 66 Arthur St. N.E. �indy Braan, 6- 66th Ave. N.E. Fred Bischk , 1490 - 66th P,ve. N.E. Ken Stein uer, 6640 Anoka St. t�.E. David J inak, 6632 Arthur St. t�.E. (future residence) Rod orotliy Brannon, 1622 Innsbruck Parkway W. ��lar in Asp, 1486 - 66th Ave. N.E. APf'ROVAL OF FE�UARY 26, 19F36, PLANNIt1G COMI�ISSION MIt�UTES: MO'"IOt7 B�R. KONDRICK, SECONDED BY MR. SABA, TO APPROVE TIlE FEB. 26, 1986, PL.LNNII] �OMMISSION MI!lU:ES AS WRITTEN. A VOICE VOTE� ALL VOTING AYE, CXAIRPERSOt7 GABEL DECLARED TXE MOTION ED UN.�'; IMOUSLY. l. PUQLIC H�ARING: CO��SIDERATIOP� OF A SPECIAL USL PERttIT, SP �86-01, BY BRAULEY I)U��HA14: Per Section 205.07.1, C, 2 of ti�e Fridley City Code, to allow a daycare facility in a residential district on Lots 18, 19, 20, and 21, Block 3, Oak Grove Addition, the same being 6633 Arthur Street ��.E. MOTION BY MR. SABA, SECOTJDED BY �1R. BETZOLD� TO OPEN TNE PUBLIC XEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOPI GABEL DECLARED THE PUBLIC XEARING OPEN AT 7:36 P.M. Mr. Robinson stated this property was located just north of 66th Ave. ar�d east of Arthur St. in a single fan�ily neighborhood. The property was zoned R-1. The proposal was for a day care facjlity for up to 65 children. The petitioner has indicated there would be up to eight staff inembers associated with the project. PLANNI(�G COt41ISSI0N MEETIt�G MARCH 19 1986 PAGE 2 " t1r. Robinson stated that to give a little history on this particular struc- ture, in 1970 the City Council approved a recommendation from the then Building Standards-Design Control Cor*mittee to grant a permit for the con- struction of a day care facility to be run by Anoka County. In 1980 a special u s e p e r m i t w a s issued for the facility to be used as a home for battered wonen and their children called The Alexandra House. T ha t f ac i l a t yThe m a i n e d i n o p e r a t i o n u n t i l 1 9 8 2 and the house has been vacant ever since. petitioner, Mr. Bradley Dunham, had an agreement to purc hase t he p+^ o p e r t y f r o m A n o k a . C ount y contin gent upon this special use permit. Mr. Robinson stated that associated with this project was the addition of sa�e parking spaces. In going through past minutes from the file on The Alexandra House, they found there was a lot of concern about on street parking in the area due to the operation of that facility, so the City would like the petitioner to inStall seven parking stalls on the south side of the building. Mr. Robinson handed out pictures of the facility which showed the quality of the building. t�e stated a new driveway would be installed in front of the building to facilitate the dropping off of children. He stated the building was originallY feusenedMan1�iaremodelingtwassnecessaryerior was well suited for this type o Mr. Robinson stated Staff was recommending the foilowing stipulations: 1. Petitioner to obtain approval and implement a landscape plan. 2. Petitioner to install a 6 foot high solid wood screening fence around the back yard and south of the parking area. 3. Any signage to be residential in quality not exceeding eight (8) square feet. 4. Hours of operation to be from 6 a.m. to 6 p.m. Monday through Friday only. 5. Petitioner to work with Engineering Department on storm drainage needs. 6. Petitioner to submit a performance bond in the amount of b5,000. Ms. Gabel asaed�a�fcarercenterat at�would indicatefanylpartwculartproblems operated as y at that time. Mr. Robinson stated he did not see anything in the file, other than the original minutes of the City Council approving the permit to build the day care facility. Mr. Dunham stated he would like to preserve the facility pretty much as residential. Ms. Gabel asked wfiat kind of provisions would be made for deliveries and how frequently would deliveries be made. PLANNING C0�1ttI5SIOt� t•1EETI�IG, MARCH 19, 1986 P�GE 3 Mr. Dunham stated have been made in on a weekly basis. there was presently an exterior entrance where deliveries the past. He presumed deliveries would probably be made Mr. Dave Jedinak stated he wi.11 soon be living at 6632 Arthur St, which was across fron�this facility. He asked if any study had been made pn how much traffic would be added to the area. If they are talking about 65 children, that is a potential for 65 cars coming in and out of there. His reason for moving to this area was because of the dead-�nd street and the lack of traffic. This day care facility really concerned him because it would be adding a considerable amount of traffic. Mr. Dunham stated no studies have been made by him on the traffic that would be generated. He agreed that if they were operating at capacity, that could possibly be 65 vehicles. He stated there would only be congestion at certain times, and that was the reason to have it open between 6 a.m. and 6 p.m, on weekdays only. When people are at home in the evenings and on weekends, it would be quiet. He stated he really did not have an answer to adequately address the traffic question. Mr. Robinson stated most of the traffic would be between 6-8 a.m, and 4-6 p.m. Mr. Jedinak stated he was also concerned about people parking on their residential street. He stated that at the time this facility was a day care center before, there was a school across the street and it didn't have the affect on the residential area that it is going to have now. Mr. Dunham stated on-street parking should not be a problem. There was a considerable a►�unt of driveway for drop-off and also there was 160 ft. of frontage for cars to park in front o.f the facility. . Mr. Ken Steinbauer, 6640 Anoka St., stated he lived directly behind the property. In talking about the potential of 65 children, there seemed to be a lot of presumptions being made about traffic�and arrival times. He thought there was going to be higher traffic volumes than just 2 or 3 cars at a time. He thought 7-10 cars was probably a more accurate figure. Mr. Steinbauer stated that as Mr. Jedinak had pointed out, when the day care facility was there before, there was a school across the street; therefore, he would expect no past concerns. He felt it was going to be different this time. In talking with the neighbors regarding the Alexandra House, particu- larly the ones who lived next door to it, there were a number of problems with traffic and a number of problems with the type of people who were there. He understood it was a different entity with different purposes, but there were still some problems. He thought the same type of traffic problems and the same kind of problems with the increased #��rv of people were going to co�e about even though this was proposed as a day care facility. PLANNIr�G CO��t•1ISSIOtJ MEETING, MARCH 19, 1986 PAGE 4 Mr. Steinbauer stated this facility was going to reduce his property value. Looking at the marketplace today, homes that are next to or right across from a business were worth about $5-10,000 less than the same type of home in a completely residential area. He stated he moved into this area because it was a residential area. - 4 Mr. Steinbauer stated that in looking at the increased traffic�this facility would generate into the area, that would increase the risk to the other children in the neighborhood. In this particular neighborhood, there were a 1ot of families with children between the ages o_f 3-13. With the increased traffic between 6-8 a.m., that would not present as much of a problem as the hours between 4-6 p.m. when neighborhood children are out playing. From a safety perspect�ive, the risk would be significantly increased with the kind of volume projected by Mr. Dunham for the facility. I•1r. Jedinak stated the facility does look like a residential structure, but the parking iot and the U-shaped driveway would change the appearance to look more like a business. Mr. Robinson stated there would be sufficient landscaping to screen the parking lot. As far as the U-shaped driveway, there were a lot of residential homes in Fridley with U-shaped driveways in front. Mr. Marvin Asp, 1486 - 66th Ave., stated he lived around the corner from the facility. He stated the building does have the appearance of a residential structure, but it will definitely not be residential with a day care center in it. Mr. Joseph Laconic, 6644 Arthur St., stated he was very concerned about the increased traffic. This was a quiet street now, and he did not want to�see it become a busy street. He stated that because Arthur St, was not a through street, all the traffic has to go in and out from the same direction. Mr. Qunham stated maybe it would be possible to post some signage that would warn motorists of "children at�play". Mr. Robinson asked Mr. Dunham to explain something about the class structure. Mr. Dunham stated they were really hoping to structure their needs around the neighborhood and, hopefully, serve some of the neighbors. They are hoping to operate a"latch key" program for school chi]dren before and after school, and some of the traffic might be from the neighbors who use the facility. They really won't know their requirements until they actually begin operation. Ms. Cindy Braam, 1436 - 66th Ave., stated she was concerned about traffic. It was all young families with a�prc�x. 2-3 chiidren per family. She stated there were no street iights or+ Arthur St. in #his area. She had asked Counci�man Schneider about the possibility of street light, but was told there was a�t enough footage fo� street iighting. When taiking about increased traffic coming and going at 6-8 a.m. and 4-6 p.m., in the winter- time it was very dark at those times. She would be concerned for the safety of the children. PLANNIt�� COF1t1ISSI0N f•1EETING, �1ARCH 19, 1986 PAGE 5 Mr. Fred Bischke, 1490 - 66t1i Ave., asked if the City had the ability to control or limit the number of children who could use the facility, or was that only in the County's jurisdiction? Sixty-five children seemed like too many children for this facility. Mr. Robinson stated the Planning Commission could recanmend to tbe City Council the number of children they felt was appropriate for the facility given its �eighborhood setting. Mr. Dunham stated they must have at least 35 sq. ft. per child, and then they have to follow certain programming guidelines where they cannot take into account closet space, bathroom space, etc. There are fire codes, etc. The building can actually facilitate more than 65 children, but with the type of programming they want to do and the number of employees they need to make the program run well, they have determined the number at 65. A resident stated that 66th Ave. and Arthur St. form a"V" If people drive very fast around that "Y", it could be a dangerous situation. Part of it is visibility and sometimes it is weather conditions. SoMeti�es, after people drop off their children, they are in a hurry to get to work and they m�ght drive too fast. He had some real concern about the type of access this facility had. He stated the Planning Commission should be looking at the whole traffic pattern, not just the number of cars that would be coming in and out of the facility, Ms. Pat Torgrimson, 5651 Regis Drive, stated she would be involved in the operat;�n of the day care center. She stated that 65 children was tiie absolute maximum. tlost day care centers run at about 10°�, and even at that 70�, there would be a lot of part-time children, and children arrive at all different times. The chance of their having 65 children when they o�en was very slim. It takes awhile for them to build a reputation. Even then,.the changes of them having 65 children every day was extremely minimal. Mr. Dunham stated that as far as numbers of children� they could not operate if they were limited to, for example, 40 children. MOTIOIV BY MR. KONDRICK, SECOIdDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE YOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THF. PUBLIC XEARING CLOSED AT 8:30 P.M. t�tr. Kondrick asked if they could place a stipulation on the special use permit for a maximum or minimum number of children. Ms. Gabel stated they could do that; however, this was something the Staff should check into before the City Council meeting. She was pretty sure the County and the State had some jurisdiction over the numbers. PLANt�I��G COh1t�1I5SI01J �•tEETING, ��ARCH 19, 1936 PAGE 6 Mr. Betzold stated he felt the Planning Cor�nission should still ha��e the authority to recormend a smaller program with a smaller amount of children. even though the State sets the policy and the County licen5es the facility. Mr. Saba stated he had a lot of concerns about a day care center for 65 children in a residential area. Ne had no problem with a day carre center in a residential area, but he did have a problem with a maximum of 65 children. He stated that traffic was also a valid concern. Mr. Kondrick agreed. He stated that if Arthur St. was a through street, it would be a lot more accomnodating for traffic. This was a very nice looking building, but they should be careful about how many people they allow in the facility. Mr. Wellan stated he w�s concerned about traffic because this was a dead-end street. Traffic can only come in and out from one way. Grant�d, the day care facility was there before, but fie was also bothered by the high number of children. Mr. Betzold stated his sister lived in this neighborhood with three small children, so he could understand the concerns expressed by the neighbors. A day care facility was a permitted use for this property and a use they sho��d encourage in residential areas. They should probably put some cap on the number of children so the number could not be increased. Ne would also recommend an annual review to see how the traffic flow situation was working. t4s. Gabel stated she agreed with the other commissioners. She did not know how they could determine what the "cap" should be. She certainly would not want it over 65, because that would generate a lot of traffic. She did not know if it should be less, because she did not know how the figures wori�ed out based on the County's requirements. Legally, she did not see how the Planning Commission could deny this special use permit request; hovrever, they could put some stipulations on it. MOTION BY MR. KONDRICK� SECONDED BY MR. BETZOLD, T'a RECOMMEND TD CITY CDUNCIL THE APPROVAL OF SPECIAL USE PERJNIT REQUEST, SP l�86-02, BY BRADLEY DUNHAM, PER SECTION 205.07.1� C� ? OF TXE FRIDLEY CITY CODE TO ALLOW A DAY CARF. FACILITY IN A RESIDENTIAL DISTRICT ON LOTS 28� 19� 20 AND 21� BIACK 3� OAK GROVE ADDITZON, THE SAME BEING 6633 ARTHUR STREET N.E., WITH THE FOLLOWING STIPULATIONS : , 1. PETITIONER TO OBTAIN APPROVAL AND ZMPLEMENT A LANDtSCAPE PLAN. 2. PETITIONER T�O INSTALL A SIX FOOT HIGH SOLID WOOD SCREENING FENCE AROUND THE BACK YARD AND SOUTX OF TNE PARKIP7G AREA. 3. ANY SIGIJAGE TO BE RESIDENTIAL ZN QUALITY NOT EXCEEDING EIGNT (8) SQUARE FEET. 4. HOURS OF OPERATZON 1Y� EE FROM 6 A.M. TD 6 P.M. MONDAY THROUGH FR3�I'. S. PETIT2�111ER TO IiORlC WITH ENGINEERING DEPT. ON STORM DRAINAGE NEEDS. 6. PET'ITIt7NER 2�[3 SIIBMI2' A FERFORMAiNC� .B�DIVD IN T17E AMOUNT OF $5,000. � 7. THE MAXIMUM NUMBER OF CHILDREN ALLOWED TO BE 45. 8. AN ANNUAL REVIEW OF THE SPECIAL USE PERMIT BY THE PLANNING COMMISSION. PLi+NNING COh91ISSI0N MEETIWG, MARCH 19, 1986 PAGE 7 Ms. Gabel stated she was a little uncomfortable with the Planning Cocunission determining a number for the simple reason that they do not know anything about this day care operation and what it takes to have a successful operation. Mr, Betzold stated that by recommending a number, they are forcing the issue of numbers so the petitioner will have more information fofi� the City Council's review. Mr. Saba stated that because of the traffic concern, he could not even agree with 45 as a maximum number. UPON A VOICE VOTE, KONDRICK, GABEL, AND BETZOLD VOTING AYE� SABA AND WELLAN VOTING NAY, CHAIRPERSON GABEL DECLARED TXE MOTIOtJ CARRIED BY A VOTE OF 3-2. MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TD RECOMMEND TD CITY COUNCIL TFIAT THE CITY CDUNCIL CONSIDER BOTH STREET LZGHTING AND SIGNAGE FOR TilIS PARTICULAR NEIGHBORXOOD THAT WOULD BE COMPATIBLE WITH TXE OPERATION OF THE DAl' CARE FACI LI TY . UPON A VOICE VOTE, BETZOLD, KONDRICK, AND GABEL VOTING AYE� SABA AND WELLAN VOTING NA}', CNAIRPERSON GABEL DECLARED THE MOTION CARRIED BY A VOTE OF 3-2. F1s. Gabel stated this item would go to City Council on April 7. 2. PUBLIC HEARING: CONSIDERATIOt� OF A SPECIAL USE PERMIT� SP �+86-02 Q PETROLEU�1: Per Section 205.15.1, C, 5 of the Fridley City �ode to allov� motor vehicle fuel and oil dispensing service, and per Section 205.15.1, , 6 of the Fridley City Code to allow a motor vehicle wash establi ent on all that part of Lot 12, Auditor's Subdivision No. 155, which es Easterly of a line parallel with and distant 351 feet Westerly f the East line of Section 23, T-30, R-24, Anoka County, Minnesota nd the South 20 feet of that part of Lot 11, Auditor's Subdivision No 55, which lies Easterly of a line parallel with and distant 351 fe Westerly from the East line of Section 23, T-30, R-24, Anoka County, Mi esota, except that part thereof taken for Highway, the same being 5300 entral Avenue IJ.E. MOTION BY MR. SABA, SECONDED BY M�.� WELLAN� TO OPEN TXE PUBLIC HEARING. UPON A VOICE VOTE, ALL-VOTIN AYE� CHASRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:47 P.M. Mr. Robinson stated t� zoning was C-3, and the surrounding properties were also zoned C-3. / Mr. Robinson s ted the reason the petitioner was applying for a special use permit was ause of bad sni] condition�.The present building was continually settling using structural �rflble�.s. The petitioner planned to remove the present tructure, but in doing so has to meet today's codes. four variances were ard by the Appeals Comnission on March 11, and the Appeals Comnission e some specific recommendations regarding those variances. � PLANNING DIVISION � u�roF ME1VtOR.ANDUM fRlDLEY , I�MO T0: Nasim Qureshi� City Hanager MEMO FROM: James Robinsoa, Planning Coordinator,Q�. �,- J�MO DATE: April 3, 19� RDGARDING: SP #86-01, Daycare Facility at ���t N. E. On April 2, 1g86 Bradley Dunham xithdrew his application for a special use t permit to operate a daycare facility at the above referenced property. Mr. Dunham indicated that aeighborhood opposition to his project xas his primary reason for xithdrariing his petitioa Obviously the structure is unique due to it's past history and institutional character. I belfeve it is possible for Lhe County to suggest uses for this facility rrhich may be far less acceptable to the neighbors than the proposed daycare facility. It is my opinion that it Would be advisable for City staff to work With the County in determining the most appropriate use for this structure. The neighborhood has changed dramatically vith the demol ition of Rice Creek School and the new residential development to the kest of Arthur Street. Consequently, uses that were acceptable in the past may have no particular bearing on future uses for this facility. The physical rel ationship of the structure to the redeveloped area is sharn on the enclosed traffic diagram. The daycare issue did raise some i�mportant questions related to this ty pe of use in a single family zone. Staff has researched other day care facilities in R-1 districts (with tWelve or more children) xhich have been granted special use permits in Fridley and found that these facilities are located in existing churches, schools or are on arterial streets. Furthermore, in checking With other cities (see attached memo) �►e find that it is common practice to limit day care facilities to schools and churches or other buildings on arterial streets. State la� requires that a day care facility of t�elve children or less be considered an allowed use as a home occupation in R-1 districts. It would be my recommendation that the City adopt language in the R-1 section of the code xhich would probibit daycare facilities in excess.of twelve children in single family zones oLher than t.bo9e located in ehvrcbes, aehools or other facilities I.ocated oa arLerisl atreets. IY it is tfue Council's desire to proceed witL thia type oP amendmeat, staff v311 process tbis code chaage through the appropriate commissions. � Nasim Qureshi April 3, 19 86 Page 2 � I am enelosing background material, including a neighborhood traffic diagram, a memo detailing the handling of daycare in three other suburbs, the past special use permits granted in the City of Fridley and location maps for those facilities. � Please advise me as to the appropriate actions related to this proposed code change. JLR/dm cc: Jock Robertso John Flora � David Newman Attachments M- 86 -6 3 5. 6. � � �, <�.�' � 'B'� , ��\\ f!� \. �d *�i _' : • CA�mcilman Schreider felt it would be costly these standards and questioned the enforanent. Ci ty now has i s r easonabl e. for landlords to conform to He felt the ordinance the M�TION by Cou�cilman Schneider to table and ref er to ,�vto� determine the eoonomic and enforcene.nt impact. Seo�nded by C�i�man Goods'peed. Upon a voice vote, all voting aye, Mayor Nee�clared the motion carried unanimously. . •_,,,�`� . MOTION by CounEif. � Fitzpatrick to set the public hearing on the recammended� c ges in the City Charter for May 5, 1986. Seconded by Co�cilmari� S,chiieider. Up�n a voice vote, all voting aye, Mayor Nee declared the moti�n'`"carried unanimously. � �?� �_ �. � . . i •� i � • ' �t ' ' ' �S _ 1[_ \� _ 4�-_ . ,.\ . \. �S! 1!__ �\ �! '� ,. 11 i � • • A. .lS�.._ • � ♦i.� �ls��1i����ie7Y�i NDTION by O�uncilman Goodspeed to reoeive the letter of withdrawl of special use pennit, SP #86-01, by the petitioner. Secanded b� ��cilman Schreider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A-1. OF�III�T?�'E �nR�ING LaAY CARE CII�ERS ON ARTERIAL STREETS: N b,� Councilman Schreider to direct staff to surmit ordinance changes for e April 21 meeting regarding day care centers on arterial streets. B. Mr. Flora, Public Works ' rector, stated this is a request for a special use permit to allaa a motor v' cl e fuel and oil di spensi ng serv ice and a ca r wash establishment at 5300 C ral Avenue N. E. He stated the petitibner plans to rencyve the existing st ture as it is oontinually settling causing structural problens. Mr. Flora s ted they propose to reduce the access orn.o 53rd to impruve the traffic fl Mr. Flora stated the Planning Conmission ecamnended appraval af the special use permit for the motor vehicle fuel and ' dispensing service with six stipulations, which he outlined. He sta d, at the same meeting, thE Planning C�ranission reo�mnended denial of the cial use permit to allow the motor v�icle wash establishanent. He stated e Carmission felt the car wash would have an im�ct on the traffic in the rei rhood. He stated the ope r ator of another ca r wash adj ace nt t o th i s si te di ca ted th e pr obl en -3-