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December 22, 2004 Plan Commission Minutes Page 4 of 5 The Chairperson Pro Tem 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 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. Borg 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. 4. If necessary, an exhaust system shall be installed and/or other means shall be taken to prevent any food preparations odors or cooking odors from being perceptible beyond the lot lines of the property on which the restaurant is located. The exhaust system shall be maintained in a clean condition by regularly scheduled cleaning of the system. 5. The hours of operation shall be limited to those between the hours of 6:00 a.m. and 12:00 a.m. 6. Seating shall be limited to the layout included in this application for conditional use. Any change in seating layout shall be approved by City Council prior to initiation of such changes. Addition of outdoor seating shall be as approved by the Zoning Administrator. The motion was seconded by Mr. Marentette and passed by a vote of 4 to 0 with all members voting “aye.” Text Amendment: Municipal Code Section 12.08 “Trees and Shrubs” The Chairperson Pro Tem announced that the public hearing was scheduled to hear an application from the Department of Parks, Recreation and Forestry for a text amendment to Title 12 of the Municipal Code. The Commission members decided that the vote on the agenda item would be postponed until the January meeting in order to have the City Attorney and/or the City Forester present to answer questions. m-12-22-2004 plc final (2).doc