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Mr. Studzinski replied that this is something they can consider later on because of the costs. He added that they are simply looking at the CC&Rs and where they are right now. He noted that if it is a daycare, it can technically be in there; however, he does not think it can be considered a daycare because the applicant will be teaching first grade. Ms. Amos noted that Exhibit D has the same language as the CC&Rs. She read the same texts referred to earlier by Mr. Studzinski on p. 18 and Subsection N regarding the requirement for ARB approval of conditionally allowed uses. She informed the Commission that the CC&Rs, Exhibit D of the staff report, is the same as what Mr. Studzinski earlier distributed to the Commissioners. Mr. Studzinski stated that the staff report he received from the City does not include the CC&Rs. He noted that it shows the Neighborhood and Support Commercial Uses, with conditionally allowed uses listed under "N" with no reference to the ARB. Ms. Amos clarified that Mr. Studzinski is looking at a separate attachment and that it appears that he did not have Attachment D, which is the CC&Rs, which is 85 pages long. She explained that she was simply clarifying that the Commission received a copy of the CC&Rs. Mr. Studzinski stated that he was just going with what he received, which has Exhibit E following Exhibit C. He questioned why he does not get to see a copy of Exhibit D. Commissioner Blank and Chair Narum assured Mr. Studzinski that the Commissioners received a copy of the CC&Rs. Thomas Stone, President of VBP and a member of the ARB, stated that he has been on the Board for over ten years and has been the President for three years. He indicated that he owns two units in VBP. He then reviewed the VBP process, noting that the use must go through the ARB first, and if approved, goes to the City for Use Permit approval. He added that if the City approves the application but the ARB denies it, the only recourse the Board has is to call the business in to a VBP Board Meeting and ask the business owner to cease and desist the operation of the business, and if the business owner refuses, the next order is to obtain an injunction and start daily fines. Mr. Stone stated that he understands people have legitimate businesses, but there are problems in VBP with past Boards and review boards allowing children-based businesses to operate, which has created a hazard. He noted that UPS and FedEx drivers pass through the back side of the building, and they are not looking for kids. He also noted that parents drop off their children at any place in the parking lot to attend their piano or dance classes, and there have been near accidents with children getting hit. He indicated that this is the basis of the Board's decisions regarding schools and children in a Light Industrial business park. Chair Narum inquired, if there is a concern with children activities, if the Board has discussed filing a modification to the PUD to remove these activities from the list as conditionally approved uses. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 5 of 15