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Planning Commission Meeting Minutes – Wednesday, February 07, 2007 Page 8 Street as conditioned in the staff report; noting that the proposed playground area would eliminate parking spaces along side the building and close off the drive lane. Mr. Lloyd noted that the Fire Marshal’s findings were detailed in Sections 5.3 and 5.4, with conditions as detailed in Section 7.1 of the staff report dated February 7, 2007. Based on the comments and findings in Sections 4 – 6 of this report, staff recommended APPROVAL of the requested CONDITIONAL USE PERMIT for a child daycare center in the existing structure at 2435 – 2459 Rice Street, subject to the conditions detailed in Section 7 of the staff report dated February 7, 2007. Discussion included safety of the location of the proposed playground in relationship to the access points to the parking lot and past use of the drive lane for access behind the building; access of the playground area adjacent to tenant space and steps taken to ensure that there was no conflict between the play area and access points; and design options (i.e., raised curb or offset fence from the drive lane) to provide a final design and to reroute traffic flow. Additional discussion included minimum standard height for playground fencing four feet (4’), with a height of six feet (6’) per City building code; additional screening options for security purposes near the pond located behind the property; the Outlot created when the land was subdivided, and no known plans for future improvement of the Outlot, identified as Ida Avenue and right-of-way behind the building considered part of the parking lot; truck traffic at the rear of the building for deliveries and implications with the playground location; and specific ingress and egress access and traffic flow. Applicant, Paul Nelson Mr. Nelson addressed delivery truck traffic concerns; detailing his conversations with current tenants (in particular Panino’s Restaurant) and any implications to their business with access. Mr. Nelson advised that both tenants and delivery truck drivers had assured him that, with access on the west side, they could turn around without issue, and the proposed design and closing the one access would not have any ramifications. Mr. Nelson noted that food deliveries were made to the restaurant using full-sized semi trucks, and the three vendors using those semis had indicated there would be no problem; and assured Commissioners that as a landlord, he had no intention of providing negative impacts to a good tenant and their business climate. Further discussion among the applicant, staff and Commissioners included the number of children anticipated; licensing requirements of the State and child/care giver ratios depending on age groups; safety concerns; a gate in the fence for access or emergency evacuation based on security concerns, as well as safety and state regulations; proposed surface of the playground area based on playground requirements and city code; benefits to tenants for reducing break-ins or attempted break-ins by closing off one access point; and possible amenities (i.e., picnic ground) to further block off the area. Chair Bakeman closed the Public Hearing, with no one appearing for or against. MOTION Member Boerigter moved, seconded by Gottfried to RECOMMEND APPROVAL of Planning File 07-004, BHJN, LLC request for a CONDITIONAL USE PERMIT for a child daycare center at 2435-2459 Rice Street, based on the comments and findings in Section 4-6, and the conditions of Section 7 of the staff report dated February 7, 2007. Ayes: 6