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January 28, 2004 Plan Commission Minutes Page 2 of 5 The Chairperson asked for comments from the members of the Public. Sean Jacobs of Cicero’s, 6691 Delmar, Vice President of the Loop Association stated that the applicant did come before the Loop Association. In addition, Mr. Jacobs was concerned with the proposal’s impact on rent and the vacant spaces in the Loop. Mr. Jacobs was in favor of the restaurant. Mr. Patrick Liberto of Meshuggah Café, 6269 Delmar, stated concerns of raising rent and the impact of a franchise restaurant that is not locally owned and that is not “unique.” Mr. Liberto stated he was against the proposed restaurant. Mr. Martin of Tomatillo Mexican Grill, 6333 Delmar, has operated in the Loop for 7 years and expressed concerns of the negative impacts of corporate owned establishments. Mr. Martin is against the proposed restaurant. Ms. Peggy Rosenthal of Baton Music, 6378 Delmar stated she has been here for 32 years and believes in the “Mom and Pop” business and is against franchises. Maureen Costello, 3606 Arsenal, stated that Qdoba opened in 1995 in Denver. In 2003 it was then owned by Jack In Box and gave an overview of background history. Ms. Michael Levinson, 7570 Stratford, represents Build St. Louis Business United and promotes independent business. Mr. Javier Carrato, Subterranean Books, 6275 Delmar, stated concerns about financial progress. He has been there for 3.5 years. He stated that the long term effects of the proposal could be negative. Ms. Amy Shrimpof, 6370 Delmar, stated that the Loop is always “different” but this proposal will be a national chain. Mr. Mark Gorman, 6265 Delmar, stated that the Loop needs uniqueness. Mr. Peter Steuterman, 9378 Olive, the architect for the proposal, responded that the owner of the building had marketed the space for 24 months. Mr. Steuterman gives overview on the issue of diversity and that the proposed restaurant is part of that. Mr. Joe David, 653 Lewiston, is the owner of the franchise. He stated that they are individual owners, and that they are subsidiaries. In addition, he stated they want to be part of the community. No other members of the public wished to speak and the Public Hearing was closed. Ms. Arbogast asked who will manage the store. Mr. David responded they are looking for a person from St. Louis, and understands the Loop, the uniqueness. Mr. Walker asked how many jobs will the proposed restaurant bring to the community. Mr. David responded 20 or more jobs. 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. Smith moved that the Plan Commission recommend approval of the Conditional Use Permit with the following conditions. 1.Signs on the premises shall conform in all respects with the provisions of the University City Sign Code. 2. The operator of the restaurant shall regularly police the site and the area adjacent to the restaurant to remove litter and debris. K:\WPOFFICE\WPDATA\m-01-28-2004.final.plc.wpd