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October 23, 2002 Plan Commission Minutes Page 3 of 4 Art Barnes represented the applicant and gave an overview of the proposal and asked that it be approved. Mr. Hill gave the staff recommendation that the application be approved per the November 7, 2002 memo. The Chairperson asked for comments from the members of the Public. No members of the public wished to speak and the Public Hearing was closed. The Plan Commission determined that the evidence presented to the Plan Commission does support the conclusion that the proposed conditional use amendment: a) Complies with all applicable provisions of the University City 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) Is consistent with the Comprehensive Plan, neighborhood development plan (if applicable), and any other official planning and development policies of the City; and e) Will provide off-street parking and loading areas in accordance with the standards contained in Article 7 of the University City Zoning Code. Mr. Irons moved that the Plan Commission recommend approval of the Conditional Use Permit amendment with the following amended conditions (all other conditions shall remain the same): 3.The drive through facility shall be limited to the sale of pharmacy items, over-the-counter drugs and first aid supplies; and the hours of operation shall be permitted 24 hours per day. Said approval is contingent upon the applicant demonstrating over the next six (6) months that the change in hours is not detrimental to the surrounding properties. If at the end of six (6) months the City is satisfied that the use is not detrimental, than this permit shall remain intact. If the City determines that the change is detrimental then the change in hours shall be revoked and the previously approved permit shall remain in force (with the applicants being permitted to appear before the Plan Commission and City Council concerning the matter). 4.The control for the inter-communications system for the drive through facility shall be adjusted at all times so that the speakers will not be heard in the surrounding homes. Noise from patrons and any other noise, shall also not be heard in the surrounding homes. The motion was seconded by Mr. Smith and passed by a vote of 4 to 0 with all members voting “aye.” st Hearing: Resubdivision, Preliminary Plat Amendment, 1100 81 Street Chairperson Arbogast announced that a hearing was scheduled to hear a resubdivision, preliminary plat application from Habitude, LLC represented by Babrbara Heise and Irene Hasegawa, 920 Golf K:\WPOFFICE\WPDATA\m-11-13-2002.final.plc.wpd