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In response to an inquiry by Commissioner Blank regarding how old the six-seat-per-car standard for parking spaces was, Ms. Decker replied that it was very old, but that she did not know the exact date. She noted that that section of the Code had not been updated in a long time. Commissioner Blank requested clarification of the G3 pretreatment berm and a traditional bioswale. Mr. Grubstick noted that was one option and that the bioswalewas a C-3 requirement or an alternative to a bioswale; he added that was part of the proposal. I Ie added that it could be a bioswale or a bioretention area; in this case, it would probably be a bioswale. Commissioner Blank noted that when the residents of Golden Road bought their homes, he presumed that at that time, a disclosure about the Church was regtured. He inquired whether that disclosure contained information related to the 1967 or 1999 Master Plan. Ms. Decker noted that she did not have that information and had not been made aware of any disclosures about the expansion of this facility. She was aware that this site had been developed with a use permit in l 967. [n response to an inquiry by Commissioner O'Connor if an additional use permit would be required if the applicant wished to increase the number of students, Ms. Decker confirmed that was correct. "fhe applicant would either request an amendment to the Church's current use permit or a separate use permit could be processed for the additional number of children. She added that they were limited to 99 children per session, one in the morning and one in the afternoon, with no expansion or additional children being allowed. Chairperson Fox noted that there was a conditional use permit from the 1970s when Carden West Ekementary School was located on that property; that permit has expired. She believed that there was no active conditional use permit to allow an elementary school and requested confirmation of that assumption. Ms. Decker confirmed that was correct and that the conditional use permit expired in 1978. No active use permit for the elementary school exists. In response to an inquiry by Chairperson Fox regarding whether the bioswale could be walked upon or whether a person would have to go down to the entrance to safely enter the site, Mr. Grubstick replied that dtu•ing wet weather, a bioswale typically became soggy and would not be amenable to having people walk across it. During dry weather, it would be easier to traverse by foot. Ms. Decker added that in this particular design, the landscaping was designed so that it was fairly heavily vegetated with shrubs and trees along the streetscape, with the retaining wall and bioswale. She noted that with the exception of agile children, it would not be a suitable pedestrian pathway. Chairperson Fox noted that the use permit for the preschool was for 99 children and that the house, now Early Years Children's Center, at 1251 I lopyard Road had a conditional use permit for 100 children at one time, which was a surprise to her. She inquired whether staff preferred the 122 coni~iguration or the 98 configuration. Ms. Decker replied that stab' had no preference as to the parking configuration in relation to The Early Yeats Children's Center since it was not germane to the consideration of this particular project. She noted that any nonconformity would have been brought to staff s attention, and Code Enforcement actions would have begun. She EXCEKPTS: PLANNING COMMISSION MEETING MINUTES, January 24, 2007 Page 3 of 12