MINUTES

CITY PLAN COMMISSION/ARCHITECTURAL REVIEW BOARD

JULY 18, 2016

The City Plan Commission/Architectural Review Board of the City of Clayton, Missouri, met upon the above date at 5:30 p.m. Upon roll call, the following responded:

Present: Chairman Steve Lichtenfeld Joanne M. Boulton, Aldermanic Representative Craig Owens, City Manager Ron Reim William Liebermann

Absent: Josh Corson Pepe Finn

Also in Attendance: Susan M. Istenes, AICP, Director of Planning & Development Services Louis Clayton, AICP, Planner

Chairman Steve Lichtenfeld asked that all cell phone ringers be turned off, that conversations take place outside the meeting room and that those who wish to speak approach the podium and to be sure the green light on the microphone is on for proper recording of this meeting.

MINUTES

The minutes of the July 5, 2016 meeting were presented for approval. The minutes were approved after having been previously distributed to each member.

CONDITIONAL USE PERMIT – THE EXERCISE COACH – 8500 MARYLAND AVENUE (VANGUARD CLAYTON APARTMENT BUILDING)

Don Eisenberg was in attendance at the meeting.

Susan Istenes explained that this is a request for a Conditional Use Permit for the operation of a fitness studio known as The Exercise Coach. The 2.4-acre site is located along the western city limits at the southwest corner of Maryland Avenue and Gay Avenue and has a zoning designation of Planned Unit Development (PUD). On May 12, 2015, the Board of Aldermen approved plans for a 273,500 square foot, five-story building located on top of a two-level, partially below grade

The 2.4-acre site is located along the western city limits at the southwest corner of Maryland Avenue and Gay Avenue and has a zoning designation of Planned Unit Development (PUD). On May 12, 2015, the Board of Aldermen approved plans for a 273,500 square foot, five-story building located on top of a two-level, partially below grade

2 parking structure. The building is currently under construction and will contain 4,526 square feet of ground floor retail and live/work units, 229 residential units and 352 parking spaces. The 1,457- square-foot tenant space is located at the northeast corner of the building fronting Maryland Avenue. The business will offer indoor, one-on-one and small group personal training. The maximum number of clients at one time typically does not exceed five people. In addition to personal training services, the business will sell fitness related products such as health and nutrition guides, vitamin supplements, energy bars and clothing. The proposed hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday. 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. Health clubs/fitness centers are permitted in this zoning district subject to approval of a conditional use permit. Training activities will take place indoors during normal business hours, consistent with other nearby businesses. Outdoor activities are not proposed at this time. Traffic impacts for the entire site were reviewed and approved through the Planned Unit Development process. The proposed health club will provide personal training and fitness training to individuals and small groups. Large group classes are not proposed. Due to the nature of the proposed business, staff does not anticipate a substantial increase in vehicular traffic volumes. Automobile and bicycle parking for the entire site was reviewed and approved through the Planned Unit Development process. Additional parking is not required for this use. The proposed health club will provide personal training and fitness training to individuals and small groups. Large group classes are not proposed. Due to the nature of the proposed business, staff does not believe that the noise associated with this use will be disruptive to the surrounding area. Director Istenes stated that staff is of the opinion that the proposed use meets the criteria for conditional use permit approval and recommends approval of the Conditional Use Permit to the Board of Aldermen with the condition that onsite fitness classes and training shall be limited to indoor areas only.

Mr. Eisenberg informed the members that he operates two other locations and that there are a total of forty nation-wide. He stated he is excited to bring his business to Clayton.

Chairman Lichtenfeld noted that the floor plan provided only shows his tenant space. He asked the applicant if his business will occupy about one-third of the first floor of the building.

Paul Langdon, Covington Realty Partners, property owner, replied “yes”.

Chairman Lichtenfeld asked if there is a second way out of the space.

Mr. Eisenberg indicated that there is a rear exit door.

Ron Reim asked for confirmation that there will be no outside activity.

Mr. Eisenberg confirmed that there will never be outside activity.

Director Istenes noted that staff is of the opinion that the intent of this guideline is to apply to driveways that are visible from public streets. Because the front portion of the driveway will remain in place and the driveway in the rear will be replaced with the same material to maintain visual conformity, so therefore, staff supports the use of concrete for the driveway replacement.

4 Director Istenes stated that staff is of the opinion that the proposed design of the additions is consistent with existing design and materials on the home and on other homes in the neighborhood and therefore, recommends approval with the condition that the applicant submit revised plans showing the required 40-square-foot trash enclosure, to be approved by staff prior to the issuance of a building permit.

Ms. Strutman introduced the owners to the members and then she presented elevation drawings and material samples (brick, fiber cement siding, windows and roofing material). She stated that the addition, which will connect the kitchen to the living area, is to the rear of the home and that the Trustees have signed-off on the project. Adding a terrace at the main level with a garage below is also part of the project.

A site plan was presented. Ms. Strutman informed the members that they will add a trash enclosure per staff recommendation.

Chairman Lichtenfeld noted that there is no requirement for site plan review for this project; he asked if coverage is decreasing.

Ms. Strutman stated that the new garage is going over the existing paved driveway, so there is only a small increase in coverage (going from 35.2% to 37.8%; 55% would be allowed per Code).

Chairman Lichtenfeld asked what the existing “bump-out” at the driveway is.

Ms. Strutman stated that they are not sure.

Chairman Lichtenfeld commented that the additions look great; they look like they are part of the original home.

Ron Reim commented that the project is sensitive and was well-thought out.

Hearing no further questions or comments and hearing none from the audience, Chairman Lichtenfeld called for a motion.

Ron Reim made a motion to approve per staff recommendation (to provide the required 40-square- foot trash enclosure; show on plans for staff review and approval prior to permit issuance). The motion was seconded by Joanne Boulton and unanimously approved by the members.

Chairman Lichtenfeld asked when they hope to pull their permits.

Ms. Strutman indicated that they’d like to begin work in August.

PUBLIC HEARING - TEXT AMENDMENT – CONSIDERATON OF TEXTAMENDMENTS TO THE CITY’S ZONING REGULATIONS RELATED TO TOWNHOUSES

Strutman indicated that they’d like to begin work in August. PUBLIC HEARING - TEXT AMENDMENT – CONSIDERATON OF TEXTAMENDMENTS TO THE CITY’S ZONING REGULATIONS RELATED TO TOWNHOUSES

5 Susan Istenes explained that inconsistencies in the City’s Land Use Code regarding townhouses were discovered during consideration of the previously proposed Maryland School Townhouse Development; however, the inconsistency issue was overcome with for that project and modifications not pursued because that project was being proposed as a planned unit development (PUD). She noted that previous iterations of the Zoning Ordinance specifically listed “townhouse” in the zoning use tables of the R-4 to R-7 Zoning Districts (Multiple Dwelling Districts) as an allowable use, provided a Conditional Use Permit was obtained. As a result of subsequent modifications to the Zoning Ordinance, “townhouse” was dropped from the use tables, but references to townhouses continued to remain in other parts of the regulations (including the “Definitions” section and the “Governing Regulations” section). Consequently, “townhouse” is defined in the Zoning Regulations, but is not expressly allowed in any zoning district. Based on the current townhouse definition, a townhouse may occupy a single platted lot (condominium form of ownership) or multiple platted lots (fee simple form of ownership) These two ownership types are treated differently by the Zoning Regulations even though when built they are often indistinguishable. Director Istenes noted that research shows that townhouses exist in Clayton. Historically, condominium type townhouses have been considered a type of multi-family land use, which is a permitted use in multi-family residential zoning districts (R-4 to R-7) and subject to the minimum lot width and area requirements for multi-family residential units. Townhouses built on individually owned lots (fee simple) historically have required a conditional use permit and each individual lot is subject to the minimum lot width and area requirements for the zoning district. During the time of the Maryland School Townhouse proposal was being reviewed, staff determined that because “town house” is defined but not specifically allowed in any zoning district, the Board of Aldermen would be required to take legislative action to permit a town house as a use either through the Planned Unit Development rezoning process or through a text amendment to the Zoning Regulations. The developer for the Maryland School Townhomes opted to request a rezoning to Planned Unit Development (PUD) which would have allowed town houses on individual lots, as a permitted use. Director Istenes noted that staff is proposing revisions to the current Zoning Ordinance definition of town house to clarify that a town house is a type of multiple-dwelling, not an attached single-family dwelling. This change would make town houses with a condominium form of ownership (one commonly owned lot) an allowable use in all multiple-dwelling zoning districts (R-4 to R-7), which is consistent with the City’s historic requirements for this type of use. These changes will not affect the intended code requirements for a conditional use permit for town houses built on individual lots (fee simple). Minor changes are also proposed to Section 405.280 for consistency with the definitional change. Director Istenes stated that in general, town houses are a desirable housing type and are appropriate in multiple family zoning districts and, if adopted, the amendments will clarify that a town house is a type of multiple-family dwelling and therefore, when all units are built on a single lot, the use is considered a permitted use in all multiple- family zoning districts, which is consistent with the City’s historic requirements for this type of use. The changes do not affect the conditional use permit requirement for townhomes built on individually owned (fee simple) building lots. Staff does not anticipate negative impacts associated with the proposed text amendments. She then noted that these proposed text amendments only address a few of the issues in the Zoning Regulations related to town houses that were identified by staff and that further research and