ITEM NO. 5:              USE PERMITTED UPON REVIEW FOR GOOGOLS OF FUN/GOOGOLS OF LEARNING; 4931 W. 6TH STREET (PGP)

 

UPR-01-01-06:  Use Permitted upon Review request to increase child care enrollment from a previously approved maximum of 55 children to a requested maximum of 108 children for Googols of Fun/Googols of Learning, located at 4931 W. 6th Street.  No exterior changes to the site are proposed.  Submitted by Amy Gottschamer, applicant and owner of Googols of Fun.  The Bristol Group is the property owner of record.

 

STAFF PRESENTATION

PATTERSON:  -- Googols of Fun/Googols at 4931 W. 6th Street is located in the southwest part of the shopping center. They have an outdoor play area behind their facility.  This item was previously approved on June 13th, 2004. At that point in time the commissioner's approval was for a maximum of 55 children. They are requesting to expand the Use Permit upon Review for a maximum of 108 children at this facility.

 

Staff has reviewed this application.  The proposed expansion/remodel will be interior to the shopping center. There will be no additional exterior changes to what was previously approved.  The play area addition was previously approved.  Staff has not received any complaints or concerns from any residents in the area since the child care center has been in operation.

 

Staff recommended approval of the request as presented, subject to conditions outlined in the Staff Report.

 

AMY GOTTSCHAMER:  I am the owner of Googles of Fun/Googles of Learning and I do not have much to say, except that we have had a wonderful response to the opening of our center.  We have nearly reached the capacity granted by us by KDHE and the prior approval, and we are now making a request to allow for an expansion of our child care services.  The classrooms are all an interior remodel all, without a change to the exterior of the building. 

 

We have had a lot of interest from persons calling us with requests to not only add classrooms but also to reduce the age requirements for the child care as we are trying to respond to what the community is calling and asking us for.

 

EICHHORN:  I remember when this was brought forward, I believe that it was the request for having part-time care of students, and not full-time child care.

 

RIORDAN:  No that was not the case.

 

GOTTSCHAMER:  We have always had full-time child care.  Yes, many are full-time.  We are licensed for full-time child care.

 

HAASE:  As I recall the big issue the last time before us was to approve an outdoor area.

That had this safety concerns regarding children crossing a truck delivery driveway. Reassure me that has not been a problem.

 

GOTTSCHAMER: That is not a problem.  We have put in place the required signs and movable gates, which are activated prior to a persons crossing the truck delivery driveway. KDHE has been on site and reviewed and approved the playground, which was previously approved and is more than adequate to meet the requirements of a child care center for 108 children.

 

HARRIS:  I was wondering about the playground also.  Are the children outside pretty much all day long?

 

GOTTSCHAMER:  No, KDHE requires that they spend an amount of time outside, subject to fair weather conditions.  They normally spend a half hour in the morning and half hour in the afternoon.

 

HARRIS:  Do you do that in shifts?

 

GOTTSCHAMER: Yes, they would go and play outside in shifts, and would not all be out there at the same time.

 

PUBLIC COMMENT

No member of the public spoke on this item.

 

COMMISSION DISCUSSION

The Commission had no additional comments or questions.

 

ACTION TAKEN

Motioned by Ermeling, seconded by Lawson to approve the UPR as presented.

 

DISCUSSION ON THE MOTION

EICHHORN:  I do have some discussion.  I was the lone hold out and did not express too

much of my opinion when I saw where the vote was going and I let my enthusiasm fly. In reading the staff report, if I was to pick a childcare facility and I'll read a quote in the staff report, from page 5, “The UPR’s exterior use includes a fenced outdoor play area and elevated play deck within an existing stormwater drainage detention basin on the western property. Access to the outdoor elevated play deck is through Googols of Fun’s western door and across the truck delivery lane.”  If I read that, I don't think it is the best type of childcare facility that I can have.

That is what this place is. It is located within a retail shopping center and that's where you play. So I just don't think -- it hard for me to say it.  I'm guessing that it meets the rules and I am a big fan of it, but I am going to vote against it. 

 

BURRESS:  I can not help myself, so merely meeting the rules is not enough?

 

EICHHORN:  I guess that I have got a burr under my saddle on this one.

 

ACTION TAKEN

Motion on the floor was to approve the Use Permitted upon Review for Googles of Fun/Googles of Learning at 4931 W. 6th Street 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 conditions:

 

  1. Provision of a copy of an approved license from the Douglas County Health Department prior to operation of the child care facility for a maximum of 108 children. (Submit the copy to the Lawrence Planning Department and reference file [UPR-01-06]);
  2. The permit will be administratively reviewed by the City in 5 years (April 30, 2011); and
  3. The permit will expire at the end of 10 years (April 30, 2016), unless an application for renewal is approved prior to that date by the local governing body.

 

 

Motion carried 9-1, with Commissioners Riordan, Haase, Burress, Krebs, Harris, Erickson, Jennings, Ermeling and Lawson voting in favor and Commissioner Eichhorn voting in opposition.