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legal or were impractical. He stated improvements would be difficult to pay for without income for Chabad and he believed Chabad was very capable of being a good neighbor. Rabbi Resnick thanked the Commission and said what they propose is a very watered-down version of what they really wanted and thought what they compromised with was significant. He thanked staff for their months of work for the project and asked the Commission if similar restrictions have been placed on other houses of worship. THE PUBLIC HEARING WAS CLOSED. Mr. Beaudin clarified and corrected some of the points of information noted in the testimony: • The proposed timeframes for use of the playground space comes directly from the application. • Given the preschool space was going to be a new use at this location, staff reviewed the hours of operation and the buffer space between the back of the building and rear fences to the homes. • The application does not include a proposed use for the area outside of the playground and patio, did include the space on the north side of the building for use as the playground. Through discussions staff recommended shifting the outdoor play area to the other side of the building and there is a proposed patio area by the parking lot. • All proposed outdoor uses including the 15 events come from the application itself. • There is confusion about the CUP process works and CUPs run with the land. There was a determination when Rabbi Resnick purchased the property that he agreed to operate the location consistent with the CUP that was running with the land with the understanding that he did want to do more things at that location, for which Chabad would need to submit for a new application. BREAK Chair Nagler adjourned the meeting at 9:15 p.m., and thereafter, reconvened the meeting at 9:28 p.m. Commissioner Ritter asked what percentage of the 54 conditions the applicant had agreed with. Mr. Beaudin replied that Mr. Schwartz called out five outstanding conditions of approval they are concerned with out of the 54 conditions of approval and they include: • Condition Nos. 5; the outdoor activities and limited the location of activities. Staff noted that for this site there is sensitivity to noise and activity in outdoor areas. He referred to Exhibit B.1; the Chabad's narrative for the CUP which speaks to the preschool daily schedule. If there is more flexibility necessary there, staff can update it. • Condition No. 8; use of the playground specific to hours of use. Regarding activity in the buffer area, Mr. Beaudin said there is space for outdoor events proposed which is part of the site plan outdoor near the parking lot area. • Condition No. 19; surveying the parking condition during the first year of usage of the facility. Regarding parking, this is an intensification of the use and a wider range of uses that will occur on the property and staff is suggesting that parking should be monitored for the first year of use. If there are issues they can be addressed. EXCERPT: PLANNING COMMISSION MINUTES, June 27, 2018 Page 8 of 15