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January 4, 2006 Plan Commission Minutes Page 2 of7 The Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. The 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. The Chairperson noted the Commission's procedures and criteria for reviewing map amendments. The applicant gave an overview of the proposal and asked that it be approved. Mr. Kreishman suggested that a condition be added to the conditional use permit that would require the applicant to remove the gravel and have the property grass-seeded after one year. The Chairperson asked for comments from the members of the Public. C. Sam Sinnett - 8665 Barby Lane, Bob Raaf - 8683 Barby, Tom Malone - 8677 Barby, John Lamb - 8672 Barby Lane, Polly Jenkins _ 8682 Barby Lane and Peter Winston - 8667 Barby Lane all spoke against the proposals. Roger Morely _ 8651 Barby Lane spoke in favor of the proposal. No other members of the public wished to speak and the Public Hearing was closed. Mr. Walker stated that staff revises the original recommendation as set forth in the Staff Report to having the same recommendation for the parking lot conditional use but eliminating the recommendation for the map amendment for the properties until a specific expansion plan can be submitted. Further, the matter should be referred to the City Attorney. Ms. Ricci stated that the driveway should be moved as far to the east as possible. Mr. Deutsch stated that he agrees with the revised Staff recommendation and other suggested recommendations for conditions. He stated he would agree to the CUP without the rezoning of the properties at this time. 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 City Attorney review the possibility of the conditional use without the map amendment, that the K:\ WPOFFICE\ WPDA T A \moO I-04-2006.plc.final. wpd