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Commissioner Pearce stated that she did not want to tell the applicant how to run the facility's program. She suggested that staff craft some language indicating that this would be reviewed by the Director of Community Development. Mr. Dolan agreed and advised the Commission that it is likely the only logical place for an outdoor play area would be in a fenced-off portion of the asphalted parking lot where pads might be put in. Chair Blank noted that Quarry Lane School's outdoor play area is all asphalt and concrete. Commissioner Fox suggested having something like the foam surface at Orloff Park or a rubber material that covers the parking lot at the Fountainhead Montessori in Dublin. Commissioner Pearce stated that she did not want to get into designing the area. Chair Blank suggested the language: "There must be an outside play area, subject to the review of the Director of Community Development." Ms. Decker noted that Little Ivy League has been operating its program successfully for over three years and has not had a need for an outdoor play area. Commissioner Fox noted that the Little Ivy League children have visited Nielsen Park and have used it as an outdoor play area. Ms. Decker stated that she was not aware of this but that the approved program does not require an outdoor play area or excursions to parks. Commissioner O'Connor noted that other childcare facilities require outdoor play areas and inquired if schools do not have that regulation. Ms. Decker replied that was correct. Commission O'Connor stated that if this is a tutoring school, then there would be no requirement for an outdoor play area. He questioned the distinction between this and a childcare facility. Commissioner Pearce suggested doing something consistent with prior applications such as access to fresh air as opposed to creating an outdoor play space, to be reviewed by the Director of Community Development. Commissioner Narum agreed and reiterated that she did not want the children to be in an enclosed facility for eight or nine hours in the off-school year. Commissioner Pearce moved to make the required conditional use findings as listed in the staff report and to approve Case PCUP-224, subject to the conditions of approval as listed in the staff report, with the following modifications: (1) Conditions No. 9 and No. 13 shall be deleted; (2) All adults working in the facility shall be required to undergo first-aid and CPR training prior to issuance of a business license, and the applicant shall ensure that these certifications are current at all times; (3) All adults working in the facility shall be required to undergo criminal background check; (4) The applicant shall prepare and submit a disaster plan to the Planning Division prior to issuance of a business license; (5) The applicant shall prepare and submit a plan that ensures fresh air access for the students during hours of operation as feasible, subject to the review and approval of the Director of Community Department. Commissioner Narum seconded the motion. EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 20 of 21