Meeting of the Planning and Zoning Commission held April 24, 2018, 5:30 P.M. in the Council Chambers of City Hall.
Members present were: Mike Cook – Chairman
Kevin Asker – Vice Chair
City Staff: Clerk Kennedy
The meeting was called to order by Mike Cook at 5:30 p.m.
APPROVAL OF MINUTES: On motion by Don Kissinger, second by Dan Gautney to accept the minutes of February 26, 2018 as presented. Motion carried.
PUBLIC HEARING ON THE CONDITIONAL USE APPLICATION SUBMITTED BY KERSTIN SCHMADEKA, 504 SOUTH MEADOW STREET: The public hearing was called to order at 5:33 p.m.
APPLICANT: Kerstin Schmadeka explained she plans to open a preschool and learning center at 504 S. Meadow. She is currently partnered with Monica Cerecero at Little Bear but her room is too small. She would like to have part day preschool, all day preschool and after school program. She is currently getting ready to attend Montessori training. She does not plan to have children playing in the front yard. The plan is to have fun stuff in the back yard for kids. The Fire Marshall would have to set the maximum occupancy and she would operate under state code guidelines. Based on state guidelines, there can be 12 points per employee. She would hire staff if she has enough kids enrolled. The hours would be 6am – 6pm. There would be no children outside before 8am. The property is currently a home residence but would only be the school if her application is approved. She is applying to the state for a large facility, which allows over 25 kids. The facility needs to be setup before the Fire Marshall can give her a limit.
The large garage is not finished, but she would love to have it house a music and art center and an area for growth of motor skills. The small metal shed may be removed. She is not sure the use of the attached garage but it could be storage. The playground equipment would be more like large tree stumps to hop across or tires to crawl through. She does not plan on anything large; no swings and would like to keep the area as open as possible.
STAFF PRESENTATION: Clerk Kennedy reported all notices of hearing were delivered and published as required.
WRITTEN CORRESPONDENCE: none
OPPONENTS: Annelle Urbahn, 313 S Meadow stated she is not against Kerstin. She doesn’t really want to see a front yard playground. She is worried about traffic and parking. She stated the Smith’s across the street had concerns and she’s surprised they weren’t present. She was concerned about the noise of children and noise of doors opening and closing. If this was located elsewhere she would be in favor, but not in her backyard. The house is an eye sore right now.
APPLICANT REBUTTAL: Kerstin explained there is parking for three vehicles in front of the facility for drop off/pick up. If the Smith’s asked her directly, she’d be willing to ask parents not to park in front of their house. She didn’t feel doors opening and shutting would cause a disturbance. The children will be limited outside in the morning to make sure they don’t wake people up early. There will not be children playing in the front yard. She plans to have a white picket fence and maybe strawberry beds and will make it look nice. She is considering extending the driveway on the side to allow off street parking if a parent needs to stay for a while. She wants to provide a top notch program to the community. She put her contact information on notices and she invited Annelle to coffee to discuss her concerns but she never got a call back. Mike Cook questioned if she’d be willing to have a condition in her agreement that would not allow children in the front yard. She explained the strawberry beds are for children to plant and pick berries. She would not have a playground in front but she wants to have the strawberry beds, flag raising and/or story time in the front, but it will be supervised learning time.
The hearing was closed at 5:56 pm.
DISCUSSION AND RECOMMENDATION: Jeff Kutner stated Annelle was worried about noise in yard from children playing. He felt there was a difference between playing and learning. Kerstin has some learning activities planned for the front yard. He asked what the maximum number of children Kerstin would want at her facility, no matter what the Fire Marshall said. Kerstin said 35 children at any one time would be her maximum.
On motion by Jeff Kutner, second by Yolanda Stout to recommend approval of the conditional use application submitted by Kerstin Schmadeka with no more than 35 children, or less if determined by the Fire Marshall, the front yard shall be used for supervised education, not playing, hours of 6am-6pm, with no outside playing before 8am. Motion carried.
Prior to the meeting ending, the Commission addressed the following statements.
a. The conditional use does not unreasonable impact public health, general welfare or general interest in the community. The concerns by Annelle were satisfactorily addressed by Kerstin.
b. The proposed conditional use of property or structures will be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and other similar facilities which might be needed for the proposed use. NONE
c. The general neighborhood character and surrounding property values will not be unreasonably negatively impacted. NONE
d. The proposed conditional use will not cause an undue traffic hazard or unreasonable parking problem in the use district in which the conditional use is proposed. The concerns were addressed and found satisfactory by P&Z.
e. There is no substantial community objection and the terms of section 10-10-3 of this chapter are incorporated herein as an additional condition to the granting of a conditional use. NONE
MINOR LAND DIVISION PROPOSAL: The public hearing for the proposed Minor Land Division ordinance as drafted by Public Works Director McFrederick was called to order at 6:03 p.m.
STAFF PRESENTATION: Clerk Kennedy reported notice of hearing was published as required.
WRITTEN CORRESPONENCE: None
SUPPORTERS: Jim Barger felt Jeff McFrederick did a great job developing this proposal. He felt it would benefit the City.
DISCUSSION AND RECOMMENDATION: Brian Perry questioned the major changes in the proposal compared to current City Code. Clerk Kennedy and Chairman Cook explained the ordinance proposal. The hearing was closed at 6:12 p.m.
Jeff Kutner asked for a wording change in the ordinance under “D” paragraph clarifying it to read a positive recommendation from the Public Works Director and then review and recommendation by Planning and Zoning.
Jeff Kutner used Jim Barger’s property as an example, but asked about Park Street extended and setbacks for future building. Mike Cook explained he visited with Public Works Director McFrederick extensively on this proposal and they discussed the Barger situation in detail. If Jim Barger did two lots that fronted 7th Street that’s ok; however he can’t infringe on Park Street extended. Park Street extended has to show on the record of survey. If additional lots/houses were developed to south, they would have to meet setback along Park Street extended.
On motion by Kevin Asker, second by Dan Gautney to recommend adoption of the ordinance to the city council on the proposed ordinance on Minor Land Division in addition to the already existing ordinances in section 11-3-5. Motion carried.
NEXT MEETING: The next meeting is May 22nd.
Motion to adjourn by Mike Cook at 6:24 p.m.
Tonya Kennedy – City Clerk