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May 25, 2005 Plan Commission Minutes Page 4 of 6 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. Mr. Kreishman moved that the Plan Commission recommend approval of the Conditional Use Permit with the following conditions: 1.The height and mass shall be restricted to that shown on the final approved conditional use permit application plans. Except as noted below, the building and property shall be developed, constructed and maintained in compliance with the plans submitted with the approved application. 2.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 operator of the building shall regularly police the site and the area adjacent to the buildings to remove litter and debris. The refuse containers and surroundings shall be maintained in a clean condition. Trash receptacle containers (dumpsters) should be screened per Section 34-60.4 of the Zoning Code which requires the containers be screened from view from all four sides with a masonry fence (brick, stone, or textured and pigmented concrete, with an opaque gate made of metal or wood, but excluding chain link or wire) having a minimum height of six feet but not more than eight feet. The business shall use the enclosed dumpster as shown on the submitted plans and shall not be permitted to have dumpsters outside of the screened trash receptacle containers. There shall be no trash removal scheduled between the hours of 8 p.m. and 8 a.m. 3.A final detailed landscaping plan shall be submitted to the Director of Planning and Development for approval, in conjunction with a review by the City Forester. Site coverage shall be increased to 79% per the application. The final landscaping plan shall meet the requirements set forth in Section 34-36.5 of the Zoning Code and shall have special or outstanding landscape design and site planning features. Such features to be considered in allowing any additional site coverage include the following: a) A landscape plan, designed by a professional landscape architect, which incorporates proper irrigation, intense planting, and retention of existing trees and other plants worthy of saving; b) Use of low masonry walls of architectural quality (brick or textured and pigmented concrete), terraces, berms, and earth sculpting; or c) Special pedestrian facilities and features such as plazas, covered walkways, fountains, and seating areas. The landscape plan shall incorporate proper irrigation and intense planting. Said plan shall include landscaping on the paper alley to the north of the lot north of the site. On site landscaping shall meet the requirements of Section 34-92.6 of the Zoning Code. Landscaping shall be installed and maintained in accordance with the approved plan. Said landscaping plan shall be finalized prior to issuance of the building permit and shall be installed prior to issuance of the occupancy permit. It shall be the applicant’s responsibility to K:\WPOFFICE\WPDATA\m-5-25-2005.plc.final.wpd