The public sidewalk directly in front of the restaurant is intended to be used as outdoor dining. Two existing bicycle racks are located at the north and south ends of this block, approximately 200 feet from the restaurant entrance in each direction. For these reasons staff has approved the request to waive the requirement for two bicycle racks. The Plan Commission considered this request at their September 9, 2015 meeting and voted to recommend approval of the Conditional Use Permit to the Board of Aldermen with the condition that sound from the outdoor speakers is not audible from the street. The Architectural Review Board considered the proposed architectural elements (including the rooftop improvements) at their meeting of September 9, 2015 and voted to approve with the condition that the Board of Adjustment grant a setback variance for the rear yard encroachment resulting from the rooftop improvements. On October 1, 2015, the Board of Adjustment approved the requested 2-foot, 9 1/8- inch variance from the required 15-foot rear yard setback. Recommendation is to conduct a public hearing and approve the resolution. In response to the Board’s questions, Brian Ivy and Chris Sedlail, applicants, stated that the restaurant will utilize all floors of the building including the entire rooftop deck which will be used as patio seating. The menu will have a variety of diverse options that will be served tapas style (small plate portions).

In response to the Board’s questions, Brian Ivy and Chris Sedlail, applicants, stated that the restaurant will utilize all floors of the building including the entire rooftop deck which will be used as patio seating. The menu will have a variety of diverse options that will be served tapas style (small plate portions). He stated that due to the age of the building, 115 years old, they will be completely gutting the inside and reinforcing the structure and also adding an elevator. In response to Alderman Berger’s question with regard to staff’s recommendation to waive the restaurants’ parking requirements compared to other restaurants (i.e. The Avenue) City manager Owens stated that any modification would be approved through the conditional use permit request by the Board of Aldermen. Louis Clayton added that he doesn’t recall if the building where The Avenue Restaurant is located is less than 3,000 square feet, and explained the requirements for parking for restaurants larger than 3,000 square feet. He added that the Plan Commission supported the request to waive the parking requirements for The Claymoor restaurant because staff felt parking would be sufficient with valet services and other off-site locations. In response to Alderman Lintz’s question, Mr. Ivy stated that they would like to provide recycling, but unfortunately there is not enough room in the back to house the recycling cans and the trash cans although he will continue to look in to the possibility. In response to Mayor Sanger’s question, Mr.

10-13-15 BOA Minutes October 13, 2015 Page 3 of 13

PUBLIC HEARING AND AN ORDINANCE TO CONSIDER AMENDMENTS TO CHAPTER 505 (STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES) RELATING TO MOBILE FOOD VENDING EQUIPMENT

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that on August 28, 2012, the City adopted Section 505.125: Private Mobile Food Vending, to allow the operation of mobile food vending equipment on City rights-of-way, City property and private property, solely to serve a private event not open to the general public. Mobile food vending equipment includes food trucks, ice cream trucks, mobile barbecues and similar motorized or transportable food preparation or vending equipment. The popularity of mobile food vending equipment has increased, and some local businesses have expressed interest in operating mobile food vending equipment as an accessory use to their established businesses, and to sell directly to the general public, which is currently prohibited. The proposed amendments to Section 505.125 establish a Downtown Mobile Food Vending District, which includes the primary commercial areas Downtown except for properties on the north side of Maryland Avenue from the western city limits to just west of Meramec Avenue. The proposed amendments would allow licensed Downtown restaurants, grocery stores, and food retailers to operate mobile food vending equipment and sell to the general public only on the property on which they are located.

The proposed amendments to Section 505.125 establish a Downtown Mobile Food Vending District, which includes the primary commercial areas Downtown except for properties on the north side of Maryland Avenue from the western city limits to just west of Meramec Avenue. The proposed amendments would allow licensed Downtown restaurants, grocery stores, and food retailers to operate mobile food vending equipment and sell to the general public only on the property on which they are located. Operators of mobile food vending equipment that are not associated with an established Downtown restaurant, grocery store or food retailer, may continue to operate mobile food vending equipment in association with private events throughout the City, and may sell to the general public in a city park with approval from the City. Other minor changes to the regulations include limits to hours of operation and business licensing requirements. The amendments to Section 505.125 are being considered concurrently with text amendments to the Zoning Ordinance to allow the sale, display and storage of food products in front yards on private property. Staff is of the opinion that the proposed regulations balance the interests of the City, residents and businesses, while ensuring the safe use of streets, sidewalks and city property as well as compliance with health and safety standards. Staff recommendation is to approve the amendments as requested. In response to the Board’s questions, Louis Clayton clarified that there was a typographical error in the memorandum and that the language regarding the 200 feet requirement is no longer included.