Day care issues dominate Jackson P&Z meeting

Before a large crowd assembled in city council chambers, Jackson's Planning and Zoning Commission agreed Wednesday to recommend to the council an increase in the maximum number of children who may be cared for by an in-home day care without a special-use permit.

The current in-home babysitting limit set by Chapter 65 of the municipal code is four; the State of Missouri has permitted six without a permit since Gov. Mike Parson signed authorizing legislation Aug. 28, 2020.

Angela and Brian Powell of Cold Creek Estates subdivision brought a request to P&Z to raise the city's maximum to the state standard.

The Powells' request for a special use permit for an in-home day care was denied Nov. 1 by the city's aldermanic council, reversing a 5-1 affirmative vote by P&Z Sept. 15.

In addition to the Powells, a dozen other residents spoke in favor of the request for a Chapter 65 zoning change while two spoke in opposition.

Kaitlyn Fielder was among those who advocated for a change to six children, noting what she termed an "ubiquitous need" for more day care spots.

"I called over 20 different facilities and in-home providers looking for a place for my child and all had a waiting list -- some for as long as four years," Fielder said.

Megan Roth echoed the sentiment.

"Single mothers can't work if they can't find a space for their children," she said.

"I think it's a no-brainer to go from four to six children," opined Paige Hester.

Resident David Gentry opposed any increase.

"I think four kids is plenty," he said, adding he moved from Washington, D.C. to Jackson in hopes of finding a "quiet" neighborhood.

Compromise

City building code restrictions allow a maximum of five children in an in-home daycare while still classifying the house as a "residential" use.

More than five children, according to the building code, would automatically re-classify the home as a daycare, which could mean the house might need physical modifications to remain in lawful compliance.

Jackson abides by the 2015 International Building Code (IBC), which imposed the limit of five before reclassification.

P&Z member Wade Bartels, in view of IBC's standard, offered what he termed a "middle ground" solution, proposing an increase in the maximum number from four to five children who may be cared for in a home without a special use permit.

"Five seems a logical compromise," Bartels said.

P&Z voted 5-2 in favor of Bartels' motion.

Bartels, Tony Koeller, Tina Weber, Heather Harrison and Beth Emmendorfer voted in the affirmative, with Bill Fadler and Harry Dryer dissenting.

Jackson's board of aldermen, at its March 21 meeting, is expected to schedule a public hearing of its own on the Powells' request, likely in April.

Other action

• P&Z voted unanimously to recommend denial of a special use permit for an in-home day care in an R-4 general residential district at 716 West Washington. Seven residents spoke in opposition to the request; no one spoke in favor. City aldermen will also give the request consideration.
• A special use permit request to allow gun sales from an apartment located above Jones Drug Store, 125 Court Street, zoned C-3 commercial, will be subject to a P&Z public hearing at its April meeting.