PUBLIC HEARING ITEM:
ITEM NO. 7: USE PERMITTED UPON REVIEW FOR SUMMER CAMP; 4931 W. 6th STREET (PGP)
UPR-05-02-04: Use Permitted Upon Review for a proposed summer camp at Googols of Fun. The property is generally described as being located at 4931 W. 6th Street. Submitted by Amy Gottschamer, owner of Googols of Fun. The Bristol Groupe is the property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use:
Ø PCD-2 (Planned Commercial Development) District; Developed Commercial Center – Wakarusa Crossroads.
Surrounding Zoning and Land Use:
Ø PCD-2 (Planned Commercial Development) District to the north, across 6th Street, undeveloped Planned Commercial Development.
Ø PCD-2 (Planned Commercial Development) District to the east; Developed Commercial Center.
Ø PRD-2 (Planned Residential Development) to the south; Townhouses.
Ø RO-1A (Residence-Office) to the west; Parking lot and pad site.
Reason for Request: Proposed morning and afternoon childcare program to be located within the existing Googols of Fun in the Wakarusa Crossroads, SW Corner of 6th & Wakarusa.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The surrounding area is zoned for Planned Commercial Development, Planned Residential Development, and Residential Office Uses. The proposed use would be located within Googols of Fun, an existing commercial tenant space which provides entertainment, education and food activities for families.
II. CHARACTER OF THE AREA
Staff Finding –The subject property is located within the Wakarusa Crossroads, a Planned Commercial Development located at the SW corner of 6th & Wakarusa Drive.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – The proposed use will not alter the base zoning district. The proposed use is permitted in the Planned Commercial District subject to approval of a Use Permitted upon Review.
Wakarusa Crossroads, SW of 6th & Wakarusa Drive
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is not vacant but has been developed as part of the Colonial Northeast Planned Commercial Development.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed use will not alter the base zoning district. The proposed use is located within an existing planned commercial development. The residential use to the south is back to back with the commercial development and is separated by a fence.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding – Approval of the request will expand childcare options within an existing facility which was designed for indoor entertainment and education of children.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The comprehensive plan does not specifically address Use Permitted upon Review’s.
The plan identifies the importance of schools and such facilities which provide an important cultural, recreational and social role in the community. The plan encourages a cooperative effort among jurisdictions in the decision making process that affects the community but which generally focuses on the location or expansion of new facilities. This theory can also be attributed to community facilities such as childcare and nursing homes which provide both an anchor and community services within a neighborhood.
With regard to early childhood education the plan states: There is a need for expanded daycare to provide parents greater schedule and employment flexibility.
The plan also provides
recommendations regarding physical location, and encourages that community
facilities designed to serve larger populations be located on arterial and
collector streets in non-residential areas.
· Staff Finding – The proposed request utilizes existing commercial building space designed for child activities. The proposed request is consistent with the general principles of Horizon 2020.
STAFF REVIEW
Section 20-1608 of the City Code requires that a UPR application be accompanied with a site plan meeting the contents of the Site Plan provision of the Code (Section 20-1431).
A Final Development Plan (Colonial Northeast Planned Commercial Development) has previously been approved for Wakarusa Crossroads. Site plan requirements are reviewed and incorporated into an approved Planned Unit Development.
The proposed use does not modify the approved development plan for this facility. The plan does not seek to vary from the required setback, height, density or similar aspects, and specifically does not propose any building modifications to the existing footprint of the building.
The program would fall under the City’s definition at Section 20-2002.2(3)(c) Child Care Center for 13 or more Children. “Child Care Center” means the care of 13 or more children, for part of or all of a day or night, away from the home of the parent or legal guardian; and includes full day child care, preschools, play groups, head start (a center giving emphasis to programming for special children), kindergartens not operated by the public schools, and other establishments offering care to groups of children for part or all of the day or night, with specific exclusion of temporary or seasonal religious instructional schools, including summer Bible school and church school classes. Center for infants and toddlers or for children with disabilities may have fewer than 13 children but be licensed as a center because the program meets child care center regulations.
Googols of Fun would like to operate a morning and an afternoon program. The camps will be offered to children old enough to be enrolled in Kindergarten through 6th grade. The hours are expected to be from 8 am to 12 noon and from 1 pm to 5 pm. They would offer the two concurrent camps (separate morning and afternoon camps) in week-long sessions during the summer months. They would also like the ability to offer their program when school is not in regular session, such as during school holidays and in-service days.
Child care facilities are regulated through a state license. The State of Kansas contracts with the Douglas County Heath Department for the licensing and review of child care facilities within Douglas County.
Currently, the state regulation’s for a child care facility requires an outdoor playground area. According to the Douglas County Health Department, the state is reviewing this requirement, has taken public input, and will likely be making changes to this requirement to allow for appropriate regulations for different types of programs and facilities.
Googols of Fun is not at this time proposing any outdoor playground, as their facility was designed as a year-round indoor playground for children. They would like an approved Use Permit upon Review conditioned upon obtaining the required state license from the Douglas County Health Department. This would enable them to be in line for an approved license, should the regulations be modified to allow such a use without the outdoor play area.
Should the anticipated state regulation changes not occur, Googols of Fun would be required to obtain an approved revised Final Development Plan, which would show the location and details of an outdoor play area.
PROFESSIONAL STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report subject to the following conditions:
- Provision of a copy of an approved license from the Douglas County Health Department prior to operation of the child care facility. (Submit the copy to the Lawrence Planning Department and reference file UPR-05-02-04.)
- The use permit is for a morning and afternoon Child Care Center Program for a maximum of 24 children (enrolled in kindergarten through 6th grade) under Googols of Fun’s direct supervised care in the facility at any one time.
- Provision of a revision to the approved Final Development Plan, for any outdoor play area, if such is required by the Douglas County Health Department.
- The building will require a supervised fire alarm system, which must be zoned to show an activation at Googols of Fun.
- The permit will be reviewed by the City in 5 years (Calendar Year 2009).
- The permit will expire at the end of ten years, unless an application for renewal is approved by the local governing body.
Review Comments from Other Departments/Agencies
Public Works/Engineering: No comment.+
Stormwater Engineering: No comment.
Neighborhood Resources: No comment.
Municipal Utilities: No comment.
Parks/Forestry: No Comment.
Fire Department:
1. Will require a supervised fire alarm system to cover the building. (Condition)
2. Alarm system must be zoned to show an activation at Googol’s of Fun. (Condition)
3. Must meet all Health Department requirements, (Condition) including the requirement for an outside play area. (Notified).
Police Department: No comment received.
Sanitation Department: No comment.
Traffic Engineering: No comment.
Westar Energy: No Comment.
Aquila, Inc: No comment received.
Southern Star Central Gas: No comment received.
Southwestern Bell: No comment received.
Sunflower Cablevision: No comment received.
Planning Department:
1. A copy of an approved license from the Douglas county Health Department will need to be provided to planning, (please reference UPR-05-02-04 in the submittal) prior to the operation of the Child Care Facility. (Condition)
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A Googol is a large number. It is represented by 1 followed by 100 zeros.