CCMIN04162019 - Laserfiche WebLink

response to his question as to whether that number is related to capacity or safety, Planning Manager Clark reported staff has not analyzed that issue but indicated the proposal for the patio area is a schematic and staff does not know whether it would able to accommodate more than twenty-five people. It was noted there is an opportunity to modify the permit in the future if anticipated impacts are less than expected and the limit of twenty-five was determined as a threshold for small events. If Council were to modify a condition of approval, it could allow staff the flexibility, over time, to review specific issues with the applicant. Councilmember Pentin referenced St. Clare's Phase 2 and asked whether the Master Plan runs with the Chabad's land. City Attorney Sodergren that the Master Plan is part of St. Clare's conditional use permit and runs with its property. Councilmember Narum referenced the fence and asked for clarification. Director of Community Development Gerry Beaudin reported it was conditioned for a wood fence all the way around, for aesthetic reasons, but also took into consideration noise impacts and buffering; however, the condition of approval is up for discussion. Councilmember Pentin noted if it is a double-paneled wood fence, it will act as a noise buffer. Councilmember Narum reported the Miller's requested to receive notice of large events in the Chabad and asked why that was not incorporated into the conditions of approval. Planning Manager Clark stated there is a condition requiring the Chabad to maintain a calendar of its events and noted religious holidays are predictable. Councilmember Narum pointed out weddings and Bar Mitzvah's are not predictable events but verified the Chabad will need to have the information accessible by concerned neighbors. In response to her question regarding start times in the conditions of approval for the small outdoor gathering area, Planning Manager Clark reported there is none. Imposing a start time would be at Council's discretion. Director of Community Development Beaudin added the idea to keep it at a capacity of twenty-five was to keep those events at a smaller scale, quieter and less impactful to sensitive neighbors. Councilmember Narum stated she struggles with the condition that the Chabad has to accept the Master Plan as it was not specified on their title. City Attorney Sodergren believed under the Council's land use authority, Council has the ability to place conditions on a Conditional Use Permit; felt that sort of condition is supportable, legally, but it would be up to Council's discretion. In response to Councilmember Testa's inquiry regarding the size of the playground and outdoor patio, Planning Manager Clark stated the quality of plans has been a challenge and staff does not have a set of scalable plans with definitive dimensions. She estimated the patio and playground areas as 3,500 square feet. In terms of a State requirement of allowable space per student, Planning Manager Clark reported the State requires 75 square feet per student for the playground area and addressed expected attendance during regular services and increased attendance during High Holy days and other holidays. She reiterated the calculations for building occupancy but stated those calculations might change according to Building and Fire Code requirements. Councilmember Brown referenced a joint-use parking agreement between the Chabad and St. Clare's Church; noted there is a discussion about adding parking but stated she does not see it tied to the master plan. Director of Community Development Beaudin indicated the condition staff is suggesting is independent of the private agreement between the Chabad and St. Clare's Church. Mayor Thorne opened the public hearing. City Council Minutes Page 5 of 20 April 16, 2019