ITEM NO. 8: USE PERMITTED UPON REVIEW FOR DAYCARE CENTER; 3340 PETERSON ROAD (SLD)
UPR-03-01-04: Use Permitted upon Review request for a daycare center. The property is located at the Art Executive Office Park at 3340 Peterson Road (NW Corner of Peterson Road and Sterling Drive). Submitted by Greg A. Cromer, applicant. Cheer Pole, Ltd, c/o Art Executive Office Park, LLC, is the property owner of record.
STAFF PRESENTATION
Ms. Day described the outdoor layout of the proposed daycare facility, including landscaping, parking and fencing. She outlined possible buffering options and described the fencing, landscaping and buffering of other daycare uses in the area.
It was verified that there was sufficient parking for staff and customers (parents) to meet the requirement minimum.
Staff stated that a traffic study was done a few years ago and the applicant had provided an update. No street improvement needs were identified from the updated study.
APPLICANT PRESENTATION
Greg Cromer spoke on behalf of Art Executive Office Park and the Princeton Daycare Center, showing an example of where the play area would be located and where greenspace was proposed. He pointed out the parking lot, drop off area, fencing, tree line and emergency access from the play area.
Mr. Cromer responded to questioning that the applicant did not object to a 6’ fence, but 4’ had been chosen to allow parents to “hand over” their children, something that was very common in many day care facilities.
It was estimated that the facility would have 5 classrooms in addition to a nursery.
PUBLIC HEARING
Jerry Prichett, President of the neighborhood association, spoke on behalf of the adjacent residents. He said the neighborhood did not object to the proposed use and was pleased to see the primary entrance would be on the west.
Mr. Prichett asked the Commission to consider requiring a 6’ solid wood fence. The residents did not like losing the view, but felt this would reduce the amount of noise they heard from the playground.
Debbie Filkins, 3213 Sherwood Drive, said she had no problem with the current proposal but was concerned with the potential for on-street parking on Sherwood Drive and Sterling Drive when the other half of the building was leased. She did not support the suggestion that Public Works be asked to designate these streets as No Parking.
APPLICANT CLOSING
The applicant had no closing comments.
STAFF CLOSING
Ms. Day explained parking was analyzed based on full buildout. 270 parking spaces were provided for the entire center and, in Staff’s opinion, this was adequate for both uses, even during the day care’s busy drop-off and pick-up times.
Ms. Day commented that, during staff visits to other day care sites, it was apparent that the children in the play yard were under close adult supervision.
COMMISSION DISCUSSION
The Commission discussed requiring an increased fence height. It was noted that a child who climbed over a 4’ fence could be seen from the other side. This was not possible with a 6’ fence and it was suggested that this was an important safety issue, particularly at this location next to a busy street.
It was also suggested that a taller, solid fence might
actually increase the amount of noise in this particular location, considering
reverberation between walls and adjacent structures. Staff was asked to
recommend a compromise that would block sound and provide safety. Ms. Day
replied that other daycares appeared to be successful with a mix of shorter
chain link fencing and substantial shrubbery.
ACTIONS TAKEN
Motioned by Comm. Schenewerk, seconded by Comm. Angino to approve the Use Permitted upon Review for a day care center at 3340 Peterson Road, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Provision of a revised site plan to include the following changes:
a. Label contour lines;
b. Provision of a note on the face of the site plan that states: “This site has been designed to comply with provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36;” and
c. Provision of additional shrubs along the fence between the fence and Sterling Drive, per Staff approval.
Motioned by Comm. Schachter, seconded by Comm. Angino to amend the motion on the floor to require a 6’ solid wood fence around the perimeter of the play area.
DISCUSSION ON THE MOTION
Comm. Angino noted that the applicant had indicated no objection to the taller, more substantial fence requested by the neighbors. Comm. Riordan repeated his safety concerns and Comm. Jennings added that a 6’ fence would prevent those supervising the children from seeing if other [potentially dangerous] individuals were “hanging around” outside the fence.
ACTIONS TAKEN
Motion on the floor was to amend the original motion to add a requirement for a 6’ solid wood fence around the play area.
Motion carried 5-4, with Comm.’s Burress, Schachter, Johnson, Angino and Eichhorn
voting favor and Comm.’s Lawson, Jennings, Riordan and Schenewerk voting in
opposition. Student Commissioner Bittenbender voted in the affirmative.
Motion on the floor was to approve the Use Permitted upon Review for a day care center at 3340 Peterson Road, based on the findings of fact presented in the body of the Staff Report and subject to the following revised conditions:
1. Provision of a revised site plan to include the following changes:
a. Label contour lines;
b. Provision of a note on the face of the site plan that states: “This site has been designed to comply with provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36;” and
c. Provision of additional shrubs along the fence between the fence and Sterling Drive, per Staff approval.
Motion
carried unanimously, 9-0 with Student Commissioner Bittenbender also voting in
the affirmative.