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February 28, 2007 Plan Commission Minutes Page 2 of 4 Joe Serafin, 1709 The applicant gave an overview of the proposal and asked that it be approved. Stone Peak Dr., Longmont, CO 80513 stated he was the operator of the restaurant and asked that it be approved. Mr. Hill gave the staff recommendation that the application be approved per the Staff Report. The Chairperson asked for comments from the members of the public. Lew Prince - 6610 Delmar, Andy Ayers - 6307 Delmar, Mike Quinn - 9804 Zylan, Darin Lavender - 8221 Delmar and Joe Edwards - 6504 Delmar spoke on the matter. No other members of the public wished to speak and the public hearing was closed. Mr. Kreishman asked what the central space’s use would be. Mr. Hutkin replied that they were looking for retail. Ms. Borg asked that the applicant look for retail in the central space and asked that the applicant pay special attention to cleanliness around the dumpsters. Mr. Miller inquired about the parking, the proximity to residential neighbors and the location of the dumpsters. Mr. Byrne inquired about outdoor dining, stated for the record that he works for Dierbergs who rents space to Noodles and Co. and Chipotle Mexican Grill and stated that chain stores ans restaurants should not be penalized. 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. Miller moved that the Plan Commission recommend approval of the Conditional Use Permit with the following conditions: 1.The operator of the restaurant shall regularly police the site and the area adjacent to the restaurant to remove litter and debris. 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 refuse containers and surroundings shall be maintained in a clean condition. 3.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. Q:\WPOFFICE\WPDATA\m-02-28-2007.plc.final.wpd