Absent: George Hettich

ALSO IN ATTENDANCE

Stephanie Karr, City Attorney Susan M. Istenes, AICP, Planning Director

2 NEW BUSINESS

7515 FORSYTH BOULEVARD – CONDITIONAL USE PERMIT – RESTAURANT

Director Susan M. Istenes summarizes the following staff report: “House of Wong, currently located at 19 North Bemiston Avenue, proposes to relocate to a vacant ground floor commercial space on the north side of Forsyth Boulevard, in the building commonly known as the Famous Barr Building. The property has a zoning designation of C-2, General Commercial and is located within the Forsyth Station Transit Overlay District (TOD).

The proposed restaurant will occupy the vacant 2,400 + square-foot space. The restaurant serves contemporary Asian cuisine, and the applicant plans to submit an application to the Board of Aldermen for a liquor license.

The restaurant will have a total of 50 seats. The restaurant will be open Monday through Saturday, 11 a.m. to 9 p.m., and Sunday, 4:30 p.m. to 9 p.m. according to the applicant, trash will be stored in an existing shared dumpster in the rear of the building. The restaurant does not intend to participate in the recycling program.

The restaurant will offer sit down dining, delivery and carryout service. According to the applicant, the restaurant has designated parking spaces in the adjoining garage to accommodate patrons and delivery drivers. Deliveries to the restaurant will be made through the front door in the mornings. The applicant agrees to comply with the City’s Delivery Policies.

Conditional uses are those types of uses that are considered to be desirable, necessary or convenient to the community but which by their nature can create additional traffic volume, parking demand beyond the development's capacity, and/or a detrimental impact on adjacent or neighboring properties due to noise, pollutants or other characteristics associated with that particular use. Restaurants are permitted in this zoning district subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria:

1) The proposed use is compatible with surrounding uses and with the surrounding neighborhood; >> The proposed restaurant is located in a commercial building that houses offices for Washington University and retail business. The surrounding land uses include office buildings, a parking garage for Centene and the subject property, and residential land uses to the north. The proposed use appears to be compatible with surrounding uses. 2) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood; >> The proposed size of the restaurant is +/- 2,400 square feet, and appears to be comparable to others in Downtown Clayton. 3) The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood;

The surrounding land uses include office buildings, a parking garage for Centene and the subject property, and residential land uses to the north. The proposed use appears to be compatible with surrounding uses. 2) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood; >> The proposed size of the restaurant is +/- 2,400 square feet, and appears to be comparable to others in Downtown Clayton. 3) The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood;

3 >> No exterior changes to the building are proposed at this time. 4) The proposed use will not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amount of hard surfaced areas for buildings, sidewalk, drives, parking and service areas; >> At this time, staff does not anticipate adverse effects with respect to water runoff, noise transfer, or heat generation. 5) The frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will not have a deleterious impact on the surrounding area; >> Staff is of the opinion that this restaurant use will be comparable to other uses nearby and that it will not have a negative impact on surrounding properties. 6) The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature; >> The proposed use does not involve single-purpose structures or temporary components. 7) The proposed use complies with the standards of the Zoning Code and good planning practices; >> Staff concurs. 8) The landscape plan for premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas and the use of buffers for screening of the use; >> The structure is built to the sidewalk along Forsyth Boulevard and no landscaping is proposed. 9) The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles and equipment; >> Existing site access is adequate and there are no proposed changes. 10) The proposed use complies with the parking requirements as set forth in the Zoning Code and does not add parking demand that cannot adequately be handled by on-site off-street parking; >> Because the restaurant is located in the Central Business District and is less than 3,000 square feet it is exempt from providing off-street parking. In compliance with the city’s Delivery Policy, one parking space in the parking garage will be designated for the delivery vehicle. 11) The number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use will not cause significant increases in hourly or daily traffic levels; >> Staff is of the opinion that it is unlikely that the proposed use will affect transit movements.