As a primer to the upcoming public hearings the same presentation is being given to the Board of Aldermen at this July 27, 2021, meeting. Tim Breihan, H3, addressed the Board providing a PowerPoint© presentation noting that he will be showing an updated presentation (available upon request in the City Clerk’s office) other than what was presented in the Board’s packet.

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At Mayor Harris’ request Mr. Breihan went through the combined districts that are included on the presentation.

In response to Alderman Lintz’ question, Mr. Breihan confirmed that the entertainment district would not change.

In response to Alderman Berkowitz’ question, Mr. Breihan explained the 25-story height limit.

In response to Alderman Patel’s question regarding the setback requirements as related to Forsyth Pointe, Mr. Breihan stated the one area where Forsyth Pointe would not be compliant will be in terms of the setback along Forsyth Boulevard. He noted that he is not completely familiar with how the project was designed in terms of the ground floor uses, but as he recalls there were some non-commercial and non-retail ground floor uses in that project and in that aspect that part of the project would be noncompliant. He felt that there are some specific considerations related to the façade articulation in the proposed draft overlay that Forsyth Pointe would not fully comply with.

Alderman Patel inquired as to the floor height, particularly the upper floors with a minimum (9’) and a maximum (12’) which may not allow for a restaurant or event space on the top floor of the building, but if it were higher therefore it would require a Planned Unit Development. She referenced examples such as Armstrong Teasdale or St. Louis Club that have top floors that are impressive, therefore they would not qualify under the proposed guidelines.

Mr. Breihan stated that those are good points and provided a couple of solutions in order to permit it; (1) they include an exception notating a condition on the building design or its intended use; (2) They could specify how things (i.e. mezzanines) are treated as they relate to an overall floor count. He said that as sometimes seen in form-based codes where you permit a double height space for a certain percentage of the floor area. Any floor can for example designate a percentage (30% or 50%) of the floor, whatever makes sense in terms of the overall prevailing size of the building and can be specified or treated as a mezzanine condition, or a double-height condition, and that effectively counts as two stories, but is one story. He felt that was a good point brought up regarding committing those upper floors to an entertainment venue or dining spaces and ensuring that you have a good physical condition to support it.

Terri Kerley, resident, addressed the Board with concerns of the 40’ step back for North and South Central which than progressively increases on N. Forsyth and Bemiston.

On behalf of Hank Winkleman, City Manager Gipson shared that Mr. Winkleman is advocating for a six-foot setback rather than a build-to line for the buildings for two reasons. First, the balconies and other projections at that point will encroach upon the right-of-way; and secondly, the six-foot setback will allow adequate outdoor dining space and a walkway with a more comfortable experience for pedestrians. Mr. Winkleman also had concerns regarding the corners and the public spaces (similar to what you see at Herbies) and how those would be allowed in this plan and the set-back, and articulation in those corners. Mr. Winkleman suggests requiring a certain area or a certain square footage of open space that could be utilized at either corners or across frontage of the building.

In response to Alderman Lintz’ question, Mr. Breihan explained the design as it relates to possibly increasing the sidewalk space.

In response to Alderman Lintz’ question, Mr. Breihan explained the design as it relates to possibly increasing the sidewalk space.

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Mayor Harris explained to the audience that tonight’s discussion was to hear the presentation only and refer the item back to the Plan Commission along with the Board’s and public’s questions and concerns and then it would come back before the Board for another public hearing.

Mayor Harris closed the public hearing.

AN ORDINANCE TO CONSIDER APPROVING TO CORRECT CLERICAL ERRORS IN ORDINANCE NO. 6674 (RELATED TO BEMISTON PLACE PROJECT) TO ACCURATELY REFLECT THE INTENT AND ACTION OF THE BOARD OF ALDERMEN

City Manager Gipson reported that on December 22, 2020, the Clayton Board of Aldermen considered and approved Ordinance No. 6674 for the establishment of a mixed-use Planned Unit Development known as Bemiston Place. The mixed-use structures will contain approximately 268,535 square feet of floor area, including apartment units, retail and restaurant spaces, and a parking garage. The applicant recently approached the City of Clayton to clarify the amount of retail space, which was originally approved at 10,667 square feet of retail. Upon further review, the applicant determined that the initial square footage calculation included a hallway measuring 308 square feet in area that should not have been classified as retail. Subsequently, the applicant submitted an application to revise the ordinance to ensure accuracy. While reviewing the applicant’s request, staff further identified two locations in the ordinance where the number of apartment units was not consistent with the final Development Plan. The areas of the ordinance requiring correction are as follows: Ordinance No. 6674, paragraph 3 erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 236 Rental Apartments and 10,667 square feet of retail/restaurant space; and

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Ordinance 6674, erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 246 Rental Apartment Dwelling Units; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 326 Apartment Dwelling Units are permitted; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 10,667 square feet of commercial space is permitted;

The specific revisions are as follows:

Ordinance No. 6674, paragraph 3 shall state that the Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartments and 10,300 square feet of retail/restaurant space;

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Bill 6814, Ordinance No. 6674: The Planned Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartment Dwelling Units; and

The Fire Department is requesting to dispose of EMS training records from 2000-2015 (Per Bureau of EMS regulations, only the past 5 years need to be kept for records). Recommendation is to approve a motion to dispose of the records as listed in conformance with the Missouri Secretary of State General Records Retention Schedule

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Motion made by Alderman Lintz to approve the disposal of records Fire Department EMS Training Records from 2000-2015. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

MOTION TO CONSIDER APPROVING APPOINTMENTS TO THE BOARDS AND COMMISSIONS

Mayor Harris recommended to appoint Cheryl Redohl, Ward 3 to the Sustainability Committee, term expiration June 30, 2024, and Eric Schneider, Ward 2, to the Parks and Recreation Commission, term expiration June 30, 2024; Eric Schneider to be appointed as chairman of Parks and Recreation Commission.

Motion made by Alderman Lintz to approve the appointments of Cheryl Redohl to the Sustainability Committee, Eric Schneider to the Parks and Recreation Commission and Eric Schneider to serve as Chairman of the Parks & Recreation Commission. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Other

Alderman Lintz reported that Ward 3 held an in-person coffee session; received questions regarding the proposed tax increase.

Alderman Berkowitz reported on the following: • Plan Commission/ARB – reviewed seven residential plan applications; one of the plans had an issue with property encroachment and the developer of the new construction graciously made accommodations to resolve the issue – another example of what Clayton is all about. • Reviewed and approved the artwork for Commerce Bank.

Alderman Patel reported on the following: • Ward 3 coffee • Registered her daughter for the youth soccer program at the Center – commended Patty on the great work at the Center. • Participating (virtually) in the Racial Equity Summit-Ferguson next week.

Mayor Harris reported on the following: • Clayton Public Forum regarding the proposed tax increase was held July 21 in-person as well as virtually; well attended. • Attended meetings at Maryland Walk and the Park Towers. • Had a telephone discussion with a person regarding affordable housing and the difficulties of finding affordable housing – very enlightening and would like to discuss further in the future.

There being no further business the meeting adjourned at 9:15 p.m.

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Mayor Harris reported on the following: • Clayton Public Forum regarding the proposed tax increase was held July 21 in-person as well as virtually; well attended. • Attended meetings at Maryland Walk and the Park Towers. • Had a telephone discussion with a person regarding affordable housing and the difficulties of finding affordable housing – very enlightening and would like to discuss further in the future. There being no further business the meeting adjourned at 9:15 p.m.

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Mayor ATTEST: ____________________________ City Clerk