SR 06:033 - Laserfiche WebLink

Martin Patrick, 5044 Carducci Drive, spoke in opposition to this item. He expressed concern about traffic safety on the narrow street. He noted that these private streets were zoned for 15 mph and were maintained by the residents, as were the facilities. He objected to the residents in the development being asked to supplement this business and added that they expected to have peace and quiet in their neighborhood. He noted that people living in the development did not expect to live next door to a business and expressed concern about property values of homes next to daycare businesses. Ashish Goel, 5216 Genovesio Drive, spoke inopposition to this item. He expressed concern about traffic safety, especially when parents are running late on the way to work. He noted that cars parked on both sides of the narrow street created a traffic and safety issue. He believed there would be a noise issue as well. Joe McGovern, 5074 Carducci Drive, spoke in opposition to this item and expressed concern about the use of open space and the swimming pool in the common areas. He inquired how many vehicles were owned by the applicants and whether the garage was part of this facility. He was concerned about the language holding the homeowners association harmless, given the litigious nature of society. Ms. Decker was unsure how many vehicles were owned by the applicants and noted that they sent an e-mail stating that there were three vehicles. She noted that under Condition No. 11, any daycare employees must use the garage or onstreet parking in front of the residence to mitigate use of the driveway. Ms. Decker noted that the "hold harmless" clause was part of the State's requirements. Ms. Nerland advised that State law pre-empted the City in this regard, stating that HOAs may not prohibit this use; however, if the Homeowners Association (HOA) requests to be named as an additional insured, that may be done. Brenda Patrick, 5044 Carducci Drive, spoke in opposition to this item and expressed concern about the small front lawn which would become very crowded with 14 children. She noted that the playground and pool were private and part of the HOA's common grounds. She inquired whether there was a limit to the insurance rates to be set by the HOA. Ms. Nerland noted that the liability insurance limit appeared to be set $300,000. Leanea Li, 5285 Genovesio Drive, spoke in opposition to this item and expressed concern that other large daycare applications that are being prepared within this 300-foot radius would not be able to be considered. She expressed concern about reckless drivers and that the daycare parents may not drive in a safe manner for the neighborhood. Commissioner Roberts noted that they must be 300 feet away and that applications are examined on a first-come, first-served basis. Imelda Doty, 5073 Rigatti Circle, spoke in opposition to this item and noted that when she bought her home, she was not aware that there would be a business in this development. She EXCERPTS: PLANNING COMMISSION MEETING MINUTES, July 13,2005 Page 3 of6