Northwood News ♦ December 2011

Update on Brunett Avenue Proposed Child Care Facility

By Jim Zepp

The saga of the large child care facility continues.  Less than a week before the 10 November hearing before the Zoning Appeals examiner, the MNCPPC Planning staff suddenly reversed its position denying this special exception request which had been previously refused twice by both the staff and Planning Commission, even though the developer had still failed to satisfy the two objections to this project.

The proposed building had greatly exceeded the maximum number of 75 children under the state standard for space per child and violated the Four Corners Master Plan recommendation that special exception requests for large businesses should not be approved in residential lots around the existing commercial area.

Over the last year, the developer has incrementally reduced the size of the structure while still exceeding the state child-space standard.  The Planning Commission in its last decision had suggested a capacity of 55 children and a building size of 2,200 sq. ft. as more compatible with the nearby homes.  Despite this guidance, the last proposed design revisions have the facility at a 76 child capacity and 4,400 sq. ft. building size.

Inexplicably, the MNCPPC planning staff issued a new opinion indicating that, even with the developer’s non-responsiveness to the agency’s directives on building size and capacity and continued noncompliance with the Four Corners Master Plan’s objectives and recommendations, the special exception request should be approved by the Zoning Board of Appeals.  Requests by citizens for a meeting to explain their sudden change of mind were not granted by the planning staff.

The 10 Nov. hearing before the Zoning Appeals examiner was largely occupied by the developer’s attorney’s questioning of her expert witnesses from 9:00 a.m. to 2:30 p.m.  The citizens began their testimony following this, but were unable to finish within the remaining time.  Consequently, the hearing will be continued on Friday, 9 Dec., at 1:30 p.m.  I will be testifying at that session for the NFCCA as its representative on the Four Corners Master Plan Citizens Advisory Committee.

Why is this special exception request so important?  The Four Corners Master Plan’s main concern is to maintain the stability and integrity of the area’s communities.  This means keeping the existing commercial area healthy and revitalizing those businesses that need it.  But the boundaries between the commercial and residential areas should be maintained so that incremental land use conversion creep does not occur as developers seek less expensive land for businesses.

This trend can create a slide towards a reduced quality in the adjacent homes as they become less desirable as residences.  Eventually a tipping point can be reached where a community loses its stability as long-time residents leave and an area changes from being predominantly homeowner-occupied to largely renter.  Ironically, this can be when government agencies and planners become concerned and seek to revitalize a community.  The Master Plan Citizens Advisory Committee sought to avoid having this happen by reinforcing the community’s strengths, while accommodating change.   ■