CCMIN04162019 - Laserfiche WebLink

Regarding Condition No. 4, Councilmember Pentin reported discussing with staff allowing 25 people outside and suggested that when the Chabad determines the space, staff could address the possibility of increasing the number with the Chabad after a set time. He added he has no problem with the current condition in terms of limiting five events to June, July and August. He asked whether Chabad submitted a site plan with their initial application and Planning Manager Clark responded affirmatively noting it is shown it Attachment 2B. Councilmember Pentin commented on the State requirements to plan for 48 children in the playground and Planning Manager Clark reported that is not staffs understanding of licensing requirements but is based on the number of children that would be outside at one time as opposed to the total enrollment at the preschool. Director of Community Development Beaudin added the smaller terrace on the southeast side of the building was not contemplated when the application was submitted, and the idea was that a small terrace would be created on the southeast side of the building. The larger terrace would be on the southwest corner and the playground would move to the northwest side of the building. Presently, neighbors have agreed to the location and he indicated there's about 3,000 square feet of outdoor area for the children and 3,000 for the large patio area with a small patio area on the other side of the building. Councilmember Pentin agreed with the current size of 3,000 square feet for the playground and 3,000 square feet for the large patio area. Councilmember Brown asked whether the motion considers that no more than one large event will take place in June, July and August. Councilmember Pentin stated it does not, as the Miller's stated they agreed to five events in June, July and August and ten for the other months of the year for a total of fifteen. MOTION: It was m/s by Pentin/Brown to accept Condition No. 4 as recommended including no more than five events in June, July and August; thirteen events with a maximum of 120 people on the terrace and two events with 250 people. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None Council reviewed Condition No. 5 and Councilmember Narum supported a set start time at 7:00 a.m. and felt the number of people could be increased to 35 but it may need to be further explored. Councilmember Pentin stated supported 35 but stressed the importance of adding fencing along Hopyard Road and on the north end. Councilmember Brown noted the Miller's and the Chabad agreed to 25 people. Councilmember Pentin added changes could be made after a set time if necessary. MOTION: It was m/s by Narum/Brown to approve Condition No. 5 modifying the number of people from 25 to 35 and modifying Condition No. 9 requiring small gathers to not start before 7 a.m. and building a wall on the north side to mitigate noise. Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None Regarding Condition No. 13, Councilmember Pentin noted challenges with amplification and stressed it needs to meet City regulations but was unsure as to the definitions of "amplification" and "limited." Planning Manager Clark stated the City's noise ordinance would apply and Director City Council Minutes Page 9 of 20 April 16, 2019