ITEM NO. 9:              USE PERMITTED UPON REVIEW FOR GOOGOLS OF FUN EDUTAINMENT CENTER & PRESCHOOL; 4931 W. 6TH STREET, SUITE 118 (PGP)

 

UPR-10-05-04:  Use Permitted upon Review request for a preschool.  The property is described as being located at 4931 W. 6th Street, Suite 118, and a portion of the adjacent property located at the southeast corner of W. 6th Street and Congressional Drive.  Submitted by Amy Gottschamer, owner of Googols of Fun.  The Bristol Groupe is property owner of record.

 

STAFF PRESENTATION

Mr. Patterson introduced the item, a request to construct an outdoor play area to meet the State requirements for a child care facility.  The UPR was approved previously without the outdoor play area in anticipation of changes to the State regulations that had not taken place.

 

Mr. Patterson described the measures proposed by the applicant to deal with Staff’s safety concerns, specifically showing how delivery trucks going to other area businesses would enter and leave the site.  He noted the gate that would be in place when children were crossing to prevent traffic movements across the path to the play area.

 

Staff recommended approval of the UPR with the conditions listed in the Staff Report.

 

APPLICANT PRESENTATION

Amy Gottschammer, property owner and applicant, gave an overview of the operation and explained the State requirements for an outdoor play area in addition to the various indoor activities her business provided.

 

Ms. Gottschammer gave more detail about the elements proposed to ensure the safety of children in and walking to the outdoor play area.  She was amenable to the daylight hours restriction discussed at Study Session.

 

The applicant responded to questioning that the business was looking at options for expanding their services to full-day child care. 

 

PUBLIC HEARING

Jennifer Dropkin expressed additional concerns about the play area being located on/in the drainage basin, showing pictures of the open culverts that were large enough for a child to enter.  She stated that the runoff coming from these culvers was polluted, making the ground unsuitable for a play area.  Ms. Dropkin was also concerned about traffic around and behind the site.

 

Bill Newsome, 6Wak Investments, said his business interests were not directly involved in this project, but he would like to speak as a parent and as an owner of property across the street.  He supported the Gottchamer’s operation, saying this was a creative mixed use that suited the area and filled a need in the community.

 

Dr. Bob Rubenstein, Ms. Gottschammer’s father, said the business needed to expand its operations beyond evenings and weekends in order to survive.  He stated that Ms. Gotschammer’s own children would be playing in the outdoor area, and he/his daughter would not allow that if there were pollution or other safety issues.

 

APPLICANT CLOSING

Ms. Gottschammer described the deck and fencing design that would prevent children from entering the culvert and would keep the play area separate from traffic movements.  She noted that the deck was designed to serve as the only outdoor play area if it was determined that children should not play in the grassy area below the deck.

 

It was verified that the play area was subject to Health Department review and would have to meet all State health regulations.

 

STAFF CLOSING

Mr. Patterson stated that the City’s Stormwater Engineer had reviewed the project and asked to see the support structures proposed for the deck and stipulated that the method used to keep children out of the culvert would not block the water flow.

 

ACTION TAKEN

Motioned by Comm. Angino, seconded by comm. Riordan to approve the Use Permitted upon Review for Googles of Fun and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following revised conditions:

 

1.      Execution of a Site Plan Performance Agreement;

2.      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-10-05-04);

3.      The use permit is for a Child Care Center for a maximum of 55 children under Googols of Fun’s direct supervised care in the facility at any one time;

4.      The existing building will require a supervised fire alarm system to the approval of the City Fire & Medical Department, which must be zoned to show an activation at Googols of Fun;

5.      The permit will be administratively reviewed by the City in 5 years (Calendar Year 2010);

6.      The permit will expire at the end of 10 years (Calendar Year 2015), unless an application for renewal is approved by the local governing body;

7.      Provide “One-way”, “Do not enter” signage at ends of the truck delivery lanes and provide appropriate gate/barriers and “Caution children crossing” signage, between Googols of Fun and the outdoor playground area;

8.      Design the support for the play deck and safety fencing so as not to obstruct stormwater flow, to the approval of the City Stormwater Engineer;

9.      Provide the following note on the site plan, “A building permit is required for the outdoor play area and elevated play deck from Neighborhood Resources”; and

10.  The outdoor play area may be used only during daylight hours.

 

          Motion carried 7-1, with Comm.’s Angino, Burress, Erickson, Haase, Jennings, Krebs and Riordan voting on favor.  Comm. Eichhorn voted in opposition.