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February 28, 2007 Plan Commission Minutes Page 3 of 4 4.The hours of operation shall be limited to those between the hours of 6:00 a.m. and 12:00 a.m. 5.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. The motion was seconded by Mr. Marentette and passed by a vote of 6 to 0 with one abstention, with all members voting “aye” except Ms. Felton abstaining. Public Hearing: Conditional Use Permit, Restaurant on Ground Floor facing Delmar in “CC” District, 6316 Delmar The Chairperson announced that a public hearing was scheduled to hear an application from David S. Hutkin representing Chipotle Mexican Grill, 6310 Delmar Partners, L.L.C., c/o Hutkin Properties Group, L.L.C., 10829 Olive Blvd., Suite 200, St. Louis, MO 63141. The applicant requests that it be permitted to operate a Restaurant on Ground Floor facing Delmar in “CC” District at 6316 Delmar. 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. Gerald Wilkins, 16712 The applicant gave an overview of the proposal and asked that it be approved. th Stone Creek Ct., Florissant, MO 63034 and Ben Neis, 501 W. 75 St., Kansas City, Mo 64114, stated they were the operators 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. Joe Edwards - 6504 Delmar, Jen Jensen - 706 Pennsylvania, Patrick Liberto - 6269 Delmar and Mark Gorman - 6326 Waterman spoke on the matter. No other members of the public wished to speak and the public hearing was closed. Ms. Borg asked how the restaurant would differ from Qdoba and stated for the record that she used be in the trash pickup business. Mr. Miller inquired about the carry-out character of the proposal and asked that a trash container be placed outside. Mr. Byrne asked about handicap parking and accessibility. Mr. Marentette asked if they would be serving liquor and Mr. Wilkins replied that they would serve beer and margaritas. 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 Q:\WPOFFICE\WPDATA\m-02-28-2007.plc.final.wpd