SR 06:033 - Laserfiche WebLink

Ms. Decker noted that it had been an oversight to not include them in the conditions and that they could be added. In response to an inquiry by Commissioner Pearce regarding use of the common facilities, Ms. Nerland advised that State law specifically states that the HOA may not prohibit large family daycare uses. There was also language about liability insurance. There was no specific reference in the State law with respect to use and regulations ofthe facilities. If the HOA believes it has the legal authority to limit those or the number of guests a resident may bring to the facilities, they may explore that option. She noted that was out of the City's purview. Commissioner Arkin did not believe that the 60-70 decibel limit would be exceeded and added that the applicant indicated that the daycare would have infants and preschool children. Commissioner Fox moved to make the required conditional use permit findings as listed in the staff report and to approve PDUP-8, subject to the conditions of approval listed in Exhibit B as recommended by staff, with the following modifications that parents dropping their children off at the day care must turn their car engines off and not blow their horns and that the word "prohibited" be replaced by the word "discouraged" with respect to clients using the curb for parking. Chairperson Maas requested an amendmeut that staff review the daycare operation 45 days after the use permit approval. Commissioner Fox accepted the amendment. Chairperson Maas seconded the motion. Commissioner Roberts requested some information on issues surrounding backing out of the driveway. Commissioner Arkin noted that he did not support the motion as stated. He noted that this was a high-density neighborhood and believed that most drivers would make U-turns rather than drive through the entire neighborhood loop. He believed this was an inappropriate use for this neighborhood. Chairperson Maas expressed concern regarding private streets and enforcement oflaw within such a development. She suggested continuing this item in order to get more information about that issue. Ms. Nerland noted that City generally does not enforce traffic violations on private streets; however, these violations could be enforced if they violate the conditions of the use permit. Commissioner Arkin expressed concern that this use would be allowable in perpetuity on this high-density neighborhood. Ms. Decker noted that the conditions must be met in order for the use to be continued. Commissioner Arkin noted that he had rarely, if ever, seen a conditional use permit revoked. Ms. Decker noted that it was easier to grant a conditional use permit than revoke it. EXCERPTS: PLANNING COMMISSION MEETING MINUTES, July 13,2005 Page 5 of6