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5. Playground Use/Fencing/Hours of Operation The project includes a new outdoor playground to serve the proposed preschool. Condition of Approval No. 8 limits the use of the playground to no more than 24 students at one time, and for no more than 2.5 hours per day, during the preschool open hours. These parameters were based on information included in the Chabad's application narrative. The conditions also require the installation of a 6-foot, solid wood fence, rather than the tubular steel fence proposed in the application. Appellants Proposed Revisions Millers: • Fencing around the playground that is a minimum of 9-12 feet tall, and specially designed to serve as a soundwall, per the recommendations of the Millers' acoustical engineer. • A six-foot-tall wood fence along the north side of the building, between where students would exit the facility and access the playground. • A six-foot tall fence along the west side of the outdoor terrace. Chabad: • Chabad has requested that additional flexibility be provided to allow for more than 24 students to be outside at one time, and for extended hours (beyond the 2.5 hours outlined in the conditions). Staff Analysis/Response Staff does not support the Miller's proposed modification to fence height and design. A 9-to 12-foot-tall fence would not be consistent with the aesthetics of the property or its surroundings, and would not provide a desirable quality of outdoor space for the children playing there. Futher, staff would not support fencing the walkway from preschool classrooms to the playground be fenced as the classroom doors on the northside of the buiding would be used as the required exits for the preschool. Finally, the Chabad's site plan indicates that there would be wood fence installaed the west side of the patio; therefore the proposed condition does not seem to be necessary. With respect to the proposed hours of operation, staff does not believe that any substantial change to Condition No.10 is necessary, but does suggest a minor revision that would allow for a larger group of students to be outside on occasion (such as during a class picture day). 6. Use of the "Buffer Area" (area of the property outside of the patio and playground) The August 21 Conditions limit all outdoor activity to either the patio or pre-school playground, with no use of remaining areas of the property (sometimes referred to as the buffer area) allowed, other than maintenance. (Condition No. 5) Page 8 of 13