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landscaping plan, project details, Planning Commission review, appeals filed, responses to Items <br /> raised in appeals, relationship to prior approvals, comparison with similar facilities, noise, <br /> playground location and operation, outdoor events/activities, other conditions, conclusion and <br /> recommendation. She noted there was late correspondence received from the appellants, but <br /> staff has not had the opportunity to review them in depth. <br /> Councilmember Brown requested elaboration on the Planning Commission's vote and location of <br /> the proposed solid-wood fencing. Planning Manager Clark reported Commissioner O'Connor was <br /> the dissenting vote noting the prior conditions, which applied to the Masons, ought to apply to this <br /> project as well and stated the fence would be around the perimeter of the playground. It was <br /> noted there are conditions of approval that assign the details of the enclosure to the Community <br /> Development Director, including landscaping and fence design. Additionally, there are conditions <br /> for improvements to the exterior of the facility prior to the occupancy in connection with the <br /> daycare use. <br /> Councilmember Narum inquired whether the terrace area needs to be sized to handle 120 people <br /> and Planning Manager Clark reported there are occupancy requirements based on size, and staff <br /> has concluded the terrace area would not accommodate 120 people, based on its current size. To <br /> accommodate 120 people the terrace area would need to be approximately 700 square feet to <br /> meet Building Code requirements. Final design of the landscape and the overall site plan will still <br /> need to go through the building permit review process. There is enough room to accommodate <br /> the additional square footage. Planning Manager Clark addressed State requirements/conditions <br /> to for obtaining a State license and commented on the hours of operation and play and allowing <br /> flexibility. <br /> Mayor Thorne referenced Conditions No. 7, 8, 9 and 31, related to the playground and asked for <br /> clarification and Planning Manager Clark explained the basis for each and changes from the <br /> original Conditions of Approval. She commented on outside events/activities, hours of operation, <br /> and it was noted it is difficult to determine areas in which the appellants agree, at this time, based <br /> on condition-by-condition. <br /> Mayor Thorne opened the public hearing. <br /> Michael Miller, Appellant, noted this is a complex situation with two groups of people that have <br /> different needs and thanked Chabad for the time and hard work they put in to find a working <br /> solution. He reported as residents, their concern relates to outside noise and commented <br /> positively on having Chabad be part of the community. He addressed recommended changes to <br /> the proposed CUP including agreeing to move small group meetings to the southeast side of the <br /> building, noting the building can provide a sound buffer and installing a sound wall to mitigate <br /> noise from the playground and the large pavilion area. Additionally, he noted agreement with <br /> things Chabad has asked for, that are fair and right, including approving the full use of the <br /> backyard. Although not perfect, it is their best attempted to come to a compromise. He listed <br /> points to which they have agreed to let Council decide including Chabad's request to increase the <br /> number of people in a large group event from 120 to 200, increase the number of people in a <br /> small group area from 24 to a larger number, but suggested waiting to address those in the future. <br /> Brief discussion followed regarding the location and specifications of the proposed sound wall, the <br /> agreement to allow use of the Chabad backyard, the proposed addition to the existing terrace, <br /> allowing amplified sounds in specified areas and limits in terms of the number of outside events <br /> allowed (15 religious events and unlimited community events). <br /> Darlene Miller, Appellant, noted they have reached a compromise with Chabad, provided a brief <br /> background of the matter and detailed areas in which they reached agreements. She reported <br /> City Council Minutes Page 4 of 10 August 21, 2018 <br />