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PLANNING COMMISSION REPORT SUMMARY PUBLIC HEARING ITEM |
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.
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STAFF RECOMMENDATION: Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following 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 45 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.”
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KEY POINTS · Expansion of existing Googols of Fun to include a child care center. · Child care centers are regulated by the Douglas County Health Department. · Safety concerns for the elevated play deck and play area have been addressed by the applicant. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING, None. |
PUBLIC HEARING ITEM:
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.
GENERAL INFORMATION
Current Zoning and Land Use: PCD-2 (Planned Commercial Development) District; Developed Commercial Center – Wakarusa Crossroads.
RO-1A (Residential Office) District; parking lot and a
detention basin proposed to be used for fenced outdoor
play area and play deck.
Surrounding Zoning and Land Use: PCD-2 (Planned Commercial Development) District to the north, across 6th Street, undeveloped Planned Commercial Development.
PCD-2 (Planned Commercial Development) District to the east; Developed Commercial Center.
PRD-2 (Planned Residential Development) to the south; Townhouses.
RO-1A (Residence-Office) to the west; Apartment complex across Congressional Drive.
Reason for Request: Proposed child care center to be located within the existing Googols of Fun in the Wakarusa Crossroads, SW Corner of 6th & Wakarusa, with an outdoor play area and elevated play deck within a nearby stormwater drainage detention basin.
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 interior portion of 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 and an outdoor play area and play deck is proposed within a nearby stormwater drainage detention basin. Existing two-story duplex townhouses are located south of the proposed outdoor play area and play deck.
A one-way truck delivery lane is located between the back door of Googols of Fun and the detention basin proposed outdoor play area and play deck. The truck delivery lane is accessed from the west near the southwest corner behind the building and splits (one-way north bound and one-way east bound).
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 and Residence-Office District subject to approval of a Use Permitted upon Review.
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Wakarusa Crossroads, SW of 6th & Wakarusa Drive
Detention Basin located southeast of Shopping Center
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 Wakarusa Crossroads (Colonial Northeast Planned Commercial Development) on the eastern property and a detention basin, parking lot, and future office building on the western property.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed use will not alter the base zoning districts. The proposed use is located within an existing planned commercial development and adjacent parking lot/detention basin.
The residential use to the southeast of the proposed outdoor play area and play deck are two-story duplexes separated by a six foot high wooden fence and a proposed playground fence. Typical playground noise will be generated by the proposed outdoor play area. Noise behind the Wakarusa Crossroads building is currently generated by commercial truck deliveries and trash service pick-up.
Anticipated impacts to nearby property by the Child Care Facility would include an increase in vehicles parking in the Wakarusa Crossroads commercial parking lot - from parents picking up and dropping off their children at Googols of Fun; supervised child care crossings of the truck delivery lane when going to/from proposed outdoor play area and play deck; and an increase in noise to nearby two-story duplexes, generated by the outdoor playground.
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 available childcare options within an existing facility which was designed for indoor entertainment and education of children. The hardship imposed upon the applicant is the state child care requirement to construct an outdoor play area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The comprehensive plan does not specifically address Use Permitted upon Reviews.
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. The Child Care Center additional use is internal to Googols of Fun tenant space within the eastern property, and does not need to modify the approved development plan for the Wakarusa Crossroads. 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 footprint of the existing Wakarusa Crossroads building.
The UPR’s exterior use includes the construction of an outdoor play deck and play area within an existing stormwater drainage detention basin on the western property. Access to the outdoor play deck and play area would be through Googols of Fun’s back door and across the truck delivery lane.
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.
Child care facilities are regulated through a state license. The State of Kansas Department of Health and Environment contracts with the Douglas County Heath Department for the licensing and review of child care facilities within Douglas County. The applicant has been in contact with the Douglas County Health Department, which is generally in support of the Child Care Center proposal.
The following information on the Child Care Center has been provided by the applicant:
“PRESCHOOL DETAILS
1). What is our purpose?
The purpose is to open a preschool component within Googols of Fun that will operate during typically slower times of the week, specifically Monday through Friday during school hours. As we are already designed as a facility offering learning opportunities a preschool would be a natural fit.
2). What do we anticipate our hours will be?
We anticipate operating between the hours of 6:30 a.m. and 6:00 p.m. Children would likely be picked up and dropped off at opening, midday, and at closing. Pickups and drop-offs will occur out front of the center.
3). What number of children do you expect to serve?
We expect an enrollment of approximately 45 children. Our staff ratios will be determined by Kansas Department of Health and Environment (KDHE). We should have a program director, and three teachers with at least one being a lead teacher. We’ll have assistants as necessary.
PLAYGROUND SPECIFICS
1). How is safety from vehicles being addressed?
a. We will follow safety procedures for exiting the building, such as those listed below.
b. We will try to schedule outdoor time around known delivery times for other tenants in our shopping center.
c. We will have some form of a movable gate or road block that leads to the two one-way drives, effectively creating a physical barrier between the children and the vehicles.
d. We will place signage to indicate the presence of children.
2). In what manner will the children be taken from the building to the play area?
a. A preschool staff member will check the drive, then proceed, on their own, to close the barrier to the drive.
b. The preschool staff member will return to the building and bring the children in a single file line out of the play area with a second preschool staff member bringing up the rear of the line.
c. The children will enter the play area. The second staff member will close the play area gate behind the last child and proceed to reopen the barrier to the drive. The second staff member will then join the children in the play area.
d. They will return to the building in the reverse manner.
e. There will always be at least two staff members and perhaps more to escort the line of children. Certainly, always enough to meet regulations as dictated by Kansas Department of Health and Environment (KDHE).
f. If one child should need to use the restroom, one staff member will exit the play area close the barrier to the drives and escort the child to the building. If necessary, another staff member will be called by radio from the building to escort the child inside.
3.) How will the deck be constructed?
The deck will be erected approximately 4 feet off the ground and will have a 4’ high fence around the entire perimeter. The lower space underneath the deck will be closed off by a latticework fence to keep the children out. The deck will be 2100 square feet and will contain age appropriate climbing and other outdoor toys upon it. The deck and a remaining 3160 square feet section of the grassy area will be enclosed partly by a privacy fence and other fencing material. There will be an ADA ramp connecting the deck to the parking lot level and connecting the deck to the grassy level.
4). What happens if there is water in the play area?
If there is rain that does collect in the grassy area of the playground, the deck area will be used exclusively until the grass has dried out. The deck is designed to be large enough to hold the number of children we anticipate and still meet the requirements by KDHE. The deck will be sufficiently high enough to be completely away from any water that may fill in the grassy area below.”
STAFF RECOMMENDATION: Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following 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 45 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.”