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regretting their initial opposition to the school and stated commercial businesses do not belong in residential areas. She added their restrictions on Chabad had nothing to do with anti-Semitism, but purely noise. She reported the key is balance and although both parties did not get everything the requested, they but had the opportunity and joy of working and giving to each other, through respect for each other's needs. She expressed concern that staff has not received the most recent update of the agreements, including new specifications for the proposed sound wall and use of the backyard. Rabbi Raleigh Resnick, Chabad, addressed changes in perspective with relation to the Miller's and commented positively on their ability to work together and reach a compromise. He detailed proposed changes to the Conditions of Approval including No. 5, 6, 10 and discussed Conditions of Approval 3 and 4 and presented suggested changes. He addressed fences and noted the need for a barrier between the pre-school and outdoor event area but stated they would not like it to be 9 feet high. Additionally, he commented on fairness and referenced Council's approval of a Chinese church on Turpentine, noting they have no restrictions and are only a few feet from residences and reported Chabad and The Millers have come to a compromise and asked Council to give them things they can live and work with. Councilmember Brown referenced Condition 21, in terms of additional off-site parking and asked about the location of the off-site parking. Rabbi Renick reported they have an agreement with the church across the street, Harvest Valley, to provide parking for the Chabad. He noted they may require it once every few years. Fruma Resnick reported she will be running the pre-school; referenced Condition No. 8, noted the school will operate a flexible schedule and asked that Council not limit them in terms of the number of hours children can play outside and allow them to do so on an as-needed basis. She asked that the number of children able to play outside at a given time, be expanded, to allow for special days/events. Mrs. Resnick reported it also limits use of the playground to children enrolled in the preschool, and noted they have guests with children, from time-to-time, and they would like them to have the ability to play on the playground, as well. Councilmember Brown noted the original application called for twelve children in the morning and twelve in the afternoon, in terms of the number of children using the playground and the time allowed to do so. Mrs. Resnick reported their original request was to do a rotation of classes for outside play, and the licensing bases the number of children that can play outside at any given time on square footage. She stated they are licensing the facility for 48 children and asked that Council allow them what their license permits. She indicated they do not anticipate all 48 children using the playground at the same time, on a daily basis, but on special days with events. Karthik referenced a newspaper article and noted he is not against a playground and spoke in support of the project but expressed concerns with amplified sound and suggested Chabad limit it. He suggested if there is a violation of the CUP, that the first notice be used as a warning/feedback. Dr. Jason Belk stated he is happy the Millers and Chabad have reached a compromise and stated his personal perspective on the matter and commented on unequal restrictions and constraints placed by the City on Chabad versus the church across the street. He added the age of the CUP should not play into the consideration. David Pastor commented on the efforts of the Millers and on conditions on the Masons not being enforced. He expressed concerns with the children being "enclosed" and noted there are "normal" neighborhood noises and did not agree with limiting the number of hours children can play City Council Minutes Page 5 of 10 August 21, 2018