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December 10, 1997 Plan Commission Minutes Page 2 Mr. Solodar asked whether the units would be offered for sale after the resubdivision is recorded. Ms. Friend replied that they would. Mr. Walsh moved that the final plat for the Oakbrook Forest Condominiums located at 8500-8538 Old Bonhomme be recommended for approval. The motion was seconded by Mr. Self and passed by a vote of 4 to 0 with all members voting "aye" (Ms. Glassman was not present during this agenda item). Public Hearing: Conditional Use Permit #341, Carry out restaurant with drive-through facility, 6950 Olive Chairperson Solodar announced that a public hearing was scheduled to consider an application from Foodmaker, Inc. c/o Dennis Wozniak, 7700 Bent Branch, Ste. 130, Irving, TX 75063 represented by Scott D. Fehl, Architect, Nova Group, Inc., 6312 Hazelwest Ct., Ste. 102, Hazelwood, MO 63042. The application asks for permission to allow the premises at 6950 Olive to be used as a Jack In The Box carry out restaurant with a drive-through facility. The Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. He specifically stated that the Plan Commission must consider 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. Mr. Fehl informed the commission that the applicants have asked that the matter be tabled until the concerns stated in the staff memo can be addressed. Chairperson Solodar opened the public hearing and asked for testimony from the public. Ruth Marquis, 1057 Roth, stated she was concerned with the traffic problems that will be generated by having an entrance to a fast food restaurant directly across the street from the corner of Bartmer and Olive. She is also concerned with the trash that will be generated from the use. No other members of the public indicated a desire to speak. The Chairperson adjourned the public hearing until the January meeting of the Plan Commission. Mr. Solodar stated that he spoke to Chief of Police, Lee Payne concerning the hours of operation. Chief Payne indicated that he was more concerned with having the dine-in area opened 24 hours than the drive-through. He suggested limiting the hours of the dine-in portion of the restaurant to 1:00 a.m. Frank Ollendorff, Acting Director of Planning, stated that the developer was sent an additional list wpoffice\wpdata\m-12-10.plc