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August 28, 1996 Plan Commission Meeting Minutes Page 3 whether the use: a) complies with all applicable provisions of the Zoning Code; b) at the specific location will contribute to and promote the community welfare or convenience; c) will not cause substantial injury to the value of neighboring property; d) complies with the overall neighborhood development plan and existing zoning district provisions; and e) will provide, if applicable, off-street parking and loading areas in accordance with the standards contained in the Zoning Code. The Chairperson called upon the applicant. Carol Mitchell gave an overview of the proposed day care use. She submitted a revised parking plan that she and Mr. Goldman worked on together. Chairperson Solodar called on Planning Director Al Goldman to provide the staff report. Mr. Goldman stated that Ms. Carol Mitchell has had a long history of providing high-quality child day care in the community and the building at 844 Kingsland is a convenient location for a day care facility. The major concerns are providing sufficient parking and arranging for the safe delivery and pick-up of the children. The new parking layout works. The code requires one space per employee. The revised parking plan will comply with the minimum standards of the code for a facility with up to 8 employees. He finds that the proposed conditional use will meet the standards for approval as set out in Zoning Code Section 34-65 if the conditional use is limited by the following conditions: 1) The child day care use approved under this permit shall be also approved and licensed by the State of Missouri Department of Family Services. Occupancy shall be terminated by the City if State approval or licensing is withdrawn for any reason. 2) Children shall be delivered into and picked up from inside the building by an adult parent or guardian. 3) The number of staff members and teachers shall be specifically limited by the parking provided as determined by the number of day care center staff members in accordance with Section 34-50.4a of the Zoning Code. Chairperson Solodar opened the public hearing and asked for testimony from the public. No members of the public indicated a desire to speak, so the public hearing portion of the meeting was closed. The Plan Commission determined that the evidence presented to the Plan Commission supports the conclusion that the proposed conditional use: a) Complies with all applicable provisions of the Zoning Code if amended; b) At the specific location will contribute to and promote the community welfare or convenience by having a day care use close to the existing Early Learning Center, it will help people with day care needs in the nearby "HR" - District, it is close in proximity to public transportation and the applicant has a good reputation; c) Will not cause substantial injury to the value of neighboring property, the nearby park and industrial areas will not be affected by the use; d) Complies with the overall neighborhood development plan and existing zoning district provisions if amended; and e) Will provide, off-street parking and loading areas in accordance with the standards contained in the Zoning Code. Mr. Smith moved that the Plan Commission recommend approval of the Conditional Use Permit subject to the following conditions: 1.The child day care use approved under this permit shall be also approved and licensed by the m-8-28.plc