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October 27, 2004 Plan Commission Minutes Page 2 of 9 Public Hearing: Conditional Use Permit, Restaurant, 6380 Delmar The Vice Chairperson announced that the public hearing was scheduled to hear an application from EYB Treats “In The Loop” LLC dba Ben and Jerry’s, 36 Westwood Ct., St. Louis, MO 63131. The applicant requests that they be permitted to operate an ice cream restaurant on the ground floor along Delmar in the “CC” - Core Commercial District at 6380 Delmar. The Vice Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. The Vice Chairperson specifically stated that the Plan Commission must consider whether the use: 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. Marc Zorensky of Hycel Properties, 7817 Forsyth, Clayton, MO 63105-3307 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 Staff Report. The Vice 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 conditonal use or amendment thereto: 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. Ms. Ricci 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. 3. Trash containers for patron use shall be available on the premises at all times. Adequate refuse disposal shall be provided by and for the business. The refuse containers and surroundings shall be maintained in a clean condition. m-10-27-2004 plc final.doc