PLANNING COMMISSION REPORT
Regular Agenda – Public Hearing Item
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 maximum of 55 children to a 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.
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STAFF RECOMMENDATION: Planning Commission forward the Use Permitted 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. 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). 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. |
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Reason for Request: |
Increase the maximum number of children at Googols of Fun/Googols of Learning Child Care Facility. |
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KEY POINTS · Expansion of existing Googols of Fun to increase the maximum number of children at the center from 55 to 108. · Child care centers are regulated by the Douglas County Health Department.
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Prior UPR-05-02-04 for a Child Care Center program at Googols of Fun recommended for approval by Planning Commission on June 23, 2004 and approved by the City Commission on July 13, 2004. (Applicant unable to complete state licensing requirements without outdoor play area.) · Prior UPR-10-05-04 for a Child Care Center program at Googols of Fun for a maximum of 55 children and an outdoor elevated play deck and play area recommended for approval by Planning Commission on November 17, 2004 and approved by the City Commission on December 14, 2004. · Approval of UPR by City Commission. |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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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 with a fenced in 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: Expansion of the existing Googols of Fun Child Care Facility 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 child care expansion is a renovation of additional interior space for Googols of Fun; an existing commercial tenant space which provides child care, education, entertainment and food activities for families and their children.
II. CHARACTER OF THE AREA
Staff Finding –The subject property is located within the Wakarusa Crossroads, a Planned Commercial Development located at the southwest corner of 6th & Wakarusa Drive and an outdoor elevated play deck and play area within an adjacent stormwater drainage detention basin. Existing two-story duplex townhouses are located south of the 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 outdoor playground. 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). A movable gate arm barrier has been installed and is put in place prior to the children crossing the delivery lane.
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 expansion of use is permitted in the Planned Commercial District and Residence-Office District subject to approval of a Use Permitted upon Review.
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 outdoor elevated play deck/play area is two-story duplexes separated by a six foot high wooden fence and a playground fence. Typical playground noise is generated by the outdoor elevated play deck/play area. Noise behind the Wakarusa Crossroads building is also generated by commercial truck deliveries and trash service pick-up. Staff is not aware of any noise complaints from the residents in this area concerning the outdoor play deck/play area.
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; additional 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.
Required parking spaces for a Planned Commercial Development is a minimum of 1 parking space per 200 net square feet. The Wakarusa Crossroads Final Development Plan (revision July 8, 2005 – 36,729 net square feet) identifies a minimum of 183 required parking spaces with 254 parking spaces actually provided on-site.
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 with an expansion of an existing facility which was designed for indoor entertainment and education of children. The hardship imposed upon the applicant is the state child care licensing requirements and the interior renovation for the expanded use.
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 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 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.
The program falls 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 in support of the expansion of the Child Care Center proposal. A copy of the existing Child Care Center License No 0056437-002 from the Kansas Department of Health and Environment is on file [UPR-10-05-04].
A letter dated January 23, 2006 from the applicant describing in greater detail information concerning their project is attached.
STAFF RECOMMENDATION: Planning Commission forward the Use Permitted 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. 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).
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.