May 11, 2015 — Meeting Minutes

PUBLIC HEARING CITY PLAN COMMISSION/ARCHITECTURAL REVIEW BOARD CITY OF CLAYTON, STATE OF MISSOURI In the Matters of: 7501 Maryland Avenue and 7 500-7 520 Westmoreland A venue TRANSCRIPT OF PROCEEDINGS COPY May 11, 2015 ConcannOi & Jaeger General Court Reporters 7730 Carondelet • Suite 112 St. Louis, Missouri 63105 (314) 421-1000

1 2 3 4 5 6 7 IN RE: IN THE CITY OF CLAYTON STATE OF MISSOURI THE MATTER OF CITY PLAN COMMISSION/ ARCHITECTURAL REVIEW BOARD SPECIAL MEETING May 11, 2015 8 BE IT REMEMBERED that the above-entitled 9 matter came on for a hearing at Clayton City Hall, 10 Second Floor Council Chambers, 10 North Bemiston 2 11 Avenue, in the City of Clayton, State of Missouri, on 12 the 11th day of May, A.D., 2015, commencing at the hour 13 of 5:30 in the evening of that day, said hearing having 14 been called by the City of Clayton City Plan 15 Commission/Architectural Review Board, pursuant to the 16 issuance of due notice to all parties in interest, and 17 the following is a transcript of all proceedings held 18 during the course of that hearing. 19 20 21 22 23 24 25 Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 APPEARANCES: 3 4 Steve Lichtenfeld - Chairman 5 Jim Liberman - Member 6 Ron Reim - Member 7' Sally Cohn - Member 8 Josh Corson - Member 9 Mark Winings - Alderman Representative 10 Louis Clayton - City Planner 11 Susan Istenes - Planning Director 12 Kevin O'Keefe - City Attorney 13 Craig Owens - City Manager 14 Kathy Scott - Planning Technician 15 16 For the Property at 7501 Maryland Avenue and 17 7500-7520 Westmoreland Avenue: 18 Larry Schiffer - Developer, Love Investment Company 19 Bruce Korn - Developer, Higginbotham Custom Homes 20 Gyo Obata - Developer and Architect 21 Rob Baringer - Architect 22 Rick Kasinsky - Landscape Architect 23 Bill Berthold - Engineer 24 Fred Berger - Attorney, RiezmanBerger 25 Richard Ward, Ward Development Counsel, LLC Concannon & Jaeger St. Louis, Missouri (314) 421-1000 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In Re: Maryland Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit E X H I B I T S The Matter of 7501 Maryland Avenue and 7500 - 7520 Westmoreland Avenue School Townhomes Exhibits: Identified Received 1 56 56 2 56 56 3 56 56 4 56 56 5 99 99 6 99 99 Concannon & Jaeger St. Louis, Missouri (314) 421-1000 4

5 1 THE CHAIRMAN: Good evening, everyone and 2 welcome to the Planning Commission AR Review meeting of 3 May 11th. 4. the roll. 5- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Before we -- well, we will get started with MS. SCOTT: Chairman Steve Lichtenfeld? THE CHAIRMAN: Here. MS. SCOTT: Craig Owens? MR. OWENS: Here. MS. SCOTT: Mark Winings? MR. WININGS: Here. MS. SCOTT: Jim Liberman? MR. LIBERMAN: Here. MS. SCOTT: Ron Reim? MR. REIM: Here. MS. SCOTT: Sally Cohn? MS. COHN: Here. MS. SCOTT: Josh Corson? MR. CORSON: Here. THE CHAIRMAN: Okay. Welcome to everyone. 20 We have a full house tonight and due to the complexity 21 of the applications tonight and the number of people 22 here that may be speaking, there's some comments that 23 24 we have to make at the beginning. Number one, if you have any electronic devices, please silence.them. If 25 you need to use them or have a side conversation, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

6 ' 1 1 please leave the chambers. We, we will go through the 2 summary staff reports tonight. You will hear our 3 professional staff giv~ a summary in lieu of reading 4 the volumes that have been written and hopefully been 5 accessible and read by everyone in the room. 6 The way we are going to structure the 7 several public hearings is that we will have the staff 8 report, then we will open the public hearing. The 9 applicant will do their presentation. 10 We will allow for public comments. We 11 will then allow the applicant to respond, if necessary. 12 Then we will close the public hearing and the 13 commission will be able to discuss it. 14 During that discussion, we may have 15 questions of the applicant but not of the citizens. 16 Finally, what we will be aiming for is a recommendation 17 on each one of these items to the Board of Aldermen. 18 We can approve, approve with conditions or 19 deny or there could be a continuance to a future 20 meeting. Now, as far as public comments go, we always 21 feel that they are very important. 22 That we need to hear them all, both the 23 commission, the staff and the applicants. However, we 24 are going to request that anyone that approaches the 25 podium make sure that the green light is on, so that we Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,, 22 23 24 25 can get a good recording and state your full name and address or your business relationship to the application. We have also requested that any 7 neighborhood that speaks, select one representative, so that we can move forward in a timely fashion and avoid repetition. The other thing is, we have several items on the agenda, as you have seen. We will discuss only the pertinent information for each one of those items. We will stop anyone who attempts to drag in any other item at that time. The public speaking will be limited to three minutes each and that's so we can move forward and after about ninety minutes, we may elect to take a ten minute break. Also, the commission or the applicant can request a continuance of any of the items to a future meeting. That would also allow the applicant and everyone else to further consider it. The final thing is, we would like to close the evening by 9:00. That's being respectful to everyone. Hopefully, we can be earlier but it does not always happen. So with those comments, we can move onto the agenda. MS. ISTENES: Good evening, Susan Istenes, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 Planning Director. The first item on your agenda is Item A, a text amendment to Chapter 405 Zoning Regulations and this is a public hearing to consider a request by Bruce Korn, Maryland School Town Homes, LLC for a text amendment to the City's Zoning Regulations to grant the Board of Aldermen the authority to waive and/or modify development standards contained in the Subdivision Regulations through the Planned Unit Development process. This is a public hearing to solicit input regarding proposed text amendments to Chapter 405 Zoning Regulations Article X Planned Unit Development District. The PUD regulations do not explicitly state that subdivision design standards may be modified through the PUD process and staff's interpretation of the current PUD Regulations is that subdivision design standards, with the exception of block geometry, cannot be waived through the PUD process. The proposed text amendments explicitly excuse me. The proposed text explicitly states that the Plan Commission may recommend and the Board of Aldermen may adopt modifications to requirements contained in the Zoning and Subdivision Regulations as part of its consideration and approval of a PUD. Staff Concannon & Jaeger . St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i~' 24 25 is of the opinion that allowing modifications to certain subdivision standards through the PUD process is a common practice in other municipalities and in general, good planning practice. 9 By providing flexibility, the City can encourage creative uses of land that otherwise would be prohibited by the strict application of the Subdivision Regulations. Conversely, because of the relatively small size of the City and the lack of large tracts of developable land, it is unlikely that there will be numerous future subdivisions that would benefit from the proposed text amendments and the additional flexibility from the minimum design standards. The applicant's proposed text amendments are overly general and would expose the entire Subdivision Regulations to modification requests. The City's Department of Public Works has the final decision regarding all public improvements and infrastructure location on individual projects and has concerns with the wide breadth of the proposed text amendments and implications particularly for new streets. Therefore, Public Works would only be willing to consider modifications through the PUD process for the following street design standards found in Article Concannon & Jaeger St. Louis, Missouri (314) 421-1000

10 '" 1 ·., \ Minimum Design Standards. First, the VIII: 2 right-of-way width. Second, the tree lawn width. 3 Third, medians. Fourth, horizontal radius of 4 centerline and fifth, the intersection curb radius. 5 Each modification -- staff supports the 6 idea of updating the City's PUD regulations to clarify 7 the scope of modifications permitted through the PUD 8 process and to encourage more flexibility. 9 However,the language proposed by the 10 applicant is overly general. In addition to 11 modifications to block geometry that are currently 12 permitted through Board of Aldermen approval, the 13 Planning and Public Works Departments would only 14 consider supporting modifications for the following 15 standards through the PUD process: One, lot area and 16 frontage. Two, right-of-way width. Three, tree lawn 17 width. Four, medians. Five, horizontal radius of 18 centerline and six, intersection curb radius. 19 Staff's recommendation is for this Board 20 to recommend approval of the text amendments to Chapter 21 405 of the City's Land Use Code to the Board of 22 Aldermen with the staff modifications that are 23 contained in Exhibit B. 24 THE CHAIRMAN: Thank you. One other 25 comment. Right now, we are only dealing with the text Concannon & Jaeger St. Louis, Missouri (314) 421-1000

11 1 amendment to Chapter 405. We have an obligation on 2 each one of these applications to hear them out 3 completely and hopefully get through them and come to a 4 vote to recommend, one way or another. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Is the applicant ready? First, before you start, we will open the public hearing at this point and we don't need a vote. Okay. MR. BERGER: Good evening. My name is Fred Berger. Thank you for the opportunity to be here tonight. With respect to the text amendment, we intended to amend Chapter 405 to clarify the definition of established zoning criteria. We also -- to include both the subdivision regulations under Chapter 415 and zoning regulations under Chapter 405. We also sought to amend the chapter -- Section 405.1410 to give the Board the ability to have flexibility and make the recommendations on waivers, with respect to Chapter 405 and Chapter 415. The applicant has reviewed the staff recommendations and we accept them. They are fine with us and we think they give the Board what we think is important to have and give the Board the ability to make decisions with respect to any waivers they should 24 decide to extend to the applicant, so we are fine with 25 that. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: That's it? MR. BERGER: Yes. Thank you. THE CHAIRMAN: Thank you. That was the applicant. To move on, are there public comments on the proposed text amendment? Please come up. MR. LOVE: Hi. My name is George Love. live at 7605 Maryland Avenue and as I understand the proposed amendment, the developer here is asking an amendment to the City ordinance that would allow for the normal PUD negotiation to include not only the normal variances in a PUD but also changes to the subdivision regulations. 12 I I -- you know, I heard the staff recommendations and the specifics in there but it's not clear at all, to me, why those recommendations, those specific recommendations make sense, as opposed to others. This, this ordinance for the subdivision regulations has been in place since 2003, at least, so many years and this is something that would change the process. It strikes me maybe we're looking at changing the process for a single development project here, that may change the process in a way that doesn't give adequate consideration or doesn't allow for Concannon & Jaeger St. Louis, Missouri (314) 421-1000

13 1 adequate consideration of some pretty serious changes 2 and changes that are important to the community, things 3 like street design and tree design and the streets and 4 those sorts of things, so I think that ultimately 5 damages the process in general and I would urge the 6 7 8 9 10 11 12 13 14 15 16 17 18 Board not to exceed to this proposed amendment. THE CHAIRMAN: Thank you. MR. LOVE: Thank you. THE CHAIRMAN: In general, the applicant has stated that they accept the proposed text amendments proposed by staff. Hopefully, you have read those. The intent was not to make it a general change but to allow it to become more specific in the PUD and I would like to ask staff if they could be a little more direct about that than I. MR. CLAYTON: Sure. In reviewing the applicant's request to review the specific standards of 19 the subdivision limits, the Plan Department and the 20 Public Works Department, along with the fire 21 department, who all play a hand reviewing subdivision 22 requirements and new applications for their compliance, 23 we looked at different design standards that we thought 24 we would be able to review on a case by case basis, 25 that if they were to be less than the minimum design Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 standard in the subdivision ordinance that there 2 wouldn't be a detrimental impact, in terms of public 3 safety or access of public service vehicles. 4 So these were the standards that the 5 Public Works Department identified, specifically as 14 6 being able to look at on a case by case basis, to see 7 if they were -- be able to waiver from those specific 8 requirements. 9 10 11 12 13 14 15 16 17 MR. LOVE: But it's not just a change for this specific development. These are changes that THE CHAIRMAN: Could you use the mic? MR. LOVE: wouldn't be able to be -- THE CHAIRMAN: Could you use the microphone? MR. LOVE: Sorry. These aren't just the City these aren't just changes that we are allowing for this specific development. They are 18 changes that other developers could negotiate in any 19 PUD going forward. 20 21 MR. CLAYTON: amendment were approved, Correct. If this text any future development that 22 was going through the PUD process would be able to 23 request modifications or waivers from the specific 24 standards identified. 25 MR. LOVE: So that was my point. It's Concannon & Jaeger St. Louis, Missouri (314) 421-1000

15 1 that we already have a process in place for this and we 2 are giving we would be -- by accepting this 3 amendment, we would be giving more authority, granted 4 under the staff's recommendations, somewhat limited 5 from what this developer had requested but we would be 6 giving more authority to this Board and the Board of 7 Aldermen, to make what are important changes, you know, 8 notwithstanding that they may not have a public safety 9 impact. 10 They may have a community impact and, and 11 those changes would, would, would change the process 12 going forward for all time and we are doing this to 13 support a single development. 14 THE CHAIRMAN: Well, this -- the staff 15 recommendations do not change the Chapter 405 in 16 particular but they allow modifications on a project by 17 project basis, in lieu of changing it for every project 18 19 20 21 coming forward. So actually, the staff's recommendation appears to be stricter than what the applicant had wished. MR. LOVE: Right and I understand that but 22 it's still expanding th~ authority of this Board and 23 the Board of Aldermen to make changes within the PUD 24 process and it's changing a process that has existed up 25 until this point, since at least 2003 and I'd, you Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 16 know, to the staff recommendation point, there's just not that much development activity in a small city like this, so I don't understand why we need to change the process in this case. THE CHAIRMAN: Thank you. MR. LOVE: Thank you. THE CHAIRMAN: Any other public comments on the text amendment? Does the applicant have any 9 further response? 10 MR. BERGER: No, thank you. 11 THE CHAIRMAN: We will close the public 12 13 14 15 16 17 18 hearing and have comments from the Commission members. MR. WININGS: So does the staff think this change or recommending this· change to the Board of Aldermen is a good idea, kind of regardless of this particular project? I mean, you had not previously recommended this to the Board of Aldermen or to this Board. It 19 only came up in the context of this project but in your 20 opinion, in reviewing it for this project, do you find 21 merit in the suggestion generally, you know, going 22 forward generally? 23 24 statement. MS. ISTENES: I would agree with that We did not initiate the language change and 25 we have the authority to do so, as does the Planning Concannon & Jaeger St. Louis, Missouri (314) 421-1000

17 1 Commission. This was brought forward by the applicant. 2 Generally what we like to do is examine proposed text 3 amendments and if we do find that there is some merit 4 in the request, that might be a benefit to the City 5 overall, we tend to modify that, to make sure that we 6 are in agreement with them, that we can present that to 7 the Board of Aldermen as an alternative. 8 I think what we mentioned in the staff 9 report was that they are -- this would be applicable to 10 any future PUD project and we might not get that many 11 in the future, because there's just not a lot of large 12 tracts that would need to be subdivided in the City, 13 unless there was some really significant redevelopment, 14 so that's something to consider. 15 It might be something that the Board wants 16 to take up at a later time, with some more thorough 17 vetting but I think as we presented the alternative, 18 staff does support that. 19 20 21 22 THE CHAIRMAN: Other comments? MR. REIM: To be clear, if we were to go forward, the staff's recommendations would supersede the applicant's recommendation; correct? So Exhibit A 23 would be out and Exhibit B would be the text amendment 24 recommendation. 25 MS. ISTENES: Well, that -- that's up to Concannon & Jaeger St. Louis, Missouri (314) 421-1000

18 1 this Board. 2 MR. REIM: Right. 3 4 5 6 7 8 9 MS. ISTENES: What we're recommending is a modification from what the applicant submitted. We do not agree with the applicant's submittal. We request a change and so our only recommendation for approval would be ~s staff has suggested to you all and to the Board of Aldermen, a modification. MR. REIM: And that's what the applicant 10 is basically saying. 11 MS. ISTENES: The Applicant is -- he 12 agreed that they would support staff's recommended 13 changes. MR. O'KEEFE: Mr. Chairman, if I may. Mr. 14 15 16 Berger, you may be able to be uniquely in a position to end some of this confusion. I understood you to say 17 that you endorsed the staff's alternative. 18 Do I take it that you will be filing a 19 written amendment to your text amendment applicant and 20 proposing what staff has endorsed? 21 22 23 us to do. MR. BERGER: Whatever the Board would like Whatever petition you would like us to -- MR. O'KEEFE: That is what you are asking 24 the Board to react to, is the staff's recommendation 25 and you will be conforming your petition to that text? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 a day or talking two? about 19 MR. BERGER: That is correct. MR. O'KEEFE: And we can look for that in MR. BERGER: Yes, sir. MR. O'KEEFE: Thank you. MR. OWENS: The minimum standard -- we are minimum standards in the subdivision 8 codes with the -- so if this is not approved for some 9 reason, there is nothing that would keep an applicant 10 on a project from exceeding standards, so they could do 11 those, use discretion to exceed standards. These are 12 the -- making them less than the minimums. 13 14 15 16 17 18 MS. ISTENES: Correct. THE CHAIRMAN: Any other questions or comments? We have had the public hearing. We have a choice. We have Exhibit A from the applicant, Exhibit B from the staff. We could recommend to the Board of Aldermen approving one or the other. Exhibit B would 19 be approving the modifications recommended by staff or 20 denial of those. 21 MR. CORSON: I recommend approving the 22 staff's Exhibit B, staff for approval -- to the Board 23 of Aldermen for approval. 24 THE CHAIRMAN: With the additional 25 recommendation from counsel? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

20 MR. CORSON: Yes. THE CHAIRMAN: About conforming to the new text. MR. BERGER: I'm sorry? 1 2 3 4 5 THE CHAIRMAN: Adding the -- well, counsel 6 had recommended that you would submit a statement 7 conforming to the text amendment. 8 MR. BERGER: Yes. I am going to revise 9 new drafts of the ordinance and submit them to the 10 staff in the next couple of days. I will attempt to 11 reflect what they wanted to be incorporated and yes, we 12 accept that and I will do that. 13 14 15 16 17 18 19 20 21 22 23 24 25 the motion. THE CHAIRMAN: Okay. It will be part of Correct, Josh? MR. CORSON: Correct. THE CHAIRMAN: Okay. MR. REIM: I will second that. THE CHAIRMAN: All in favor? MR. CORSON: Aye. MR. REIM: Aye. MR. OWENS: Aye. MS. COHN: Aye. THE CHAIRMAN: All opposed? MR. LIBERMAN: Nay. MR. WININGS: Nay. Aye. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

21 1 2 THE CHAIRMAN: Okay. We will move on to Item B, which is the residential Planned Unit 3 Development and we actually have five items in here, 4 three of which will have public hearings. Let's start 5 with number one, Susan. 6 MS. ISTENES: Item number one is a 7 rezoning. It's a public hearing to solicit input 8 regarding the rezoning of 7501 Maryland Avenue and 7500 9 through 7520 Westmoreland Avenue, referred to as the 10 subject property from R-2 single family dwelling 11 district to R-4 low density multiple family dwelling 12 district to facilitate the development of the property 13 with 35 townhome units. 14 Because the proposed project does not meet 15 the zoning requirements of the R-2 zoning district, it 16 requires approval as a Planned Unit Development or PUD. 17 Only properties with a zoning designation of R-4 18 through R-7 are eligible for a PUD. 19 Therefore, the applicant is requesting a 20 rezone to R-4. In terms of this Board's criteria for 21 review of this application, the decision to rezone 22 property is a legislative judgment of the Board of 23 Aldermen, taking into consideration the recommended 24 recommendations of the Plan Commission and the general 2'5 guidance of the City's Master Plan. There are no Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 pre-established criteria which the Board or the Plan 2 Commission, when ·rendering a recommendation must 22 3 4 5 6 7 utilize in assessment of proposed rezoning. The design of the project is not under consideration as part of this rezoning application. However, if approved, it will be examined through the PUD process. Your report contains a 8 compatibility analysis, a Master Plan analysis and in 9 conclusion, staff finds that the subject property is 10 located on the eastern end of a single family block in 11 a transitional area, between downtown and a 12 predominantly single family neighborhood. 13 The site is within walking distance of 14 downtown jobs, businesses and other attractions, 15 including near proximity to the Forsyth Metrolink 16 station. 17 Given the site's location and layout, a 18 rezoning to R-4, to allow a rezoning to PUD and 19 subsequent 35 unit townhome development would provide a 20 transition zone from the commercial properties to the 21 south and lower density single family homes in the 22 neighborhoods to the northeast and west. 23 The increased density proposed with the 24 development would allow a greater population to live 25 closer in proximity to downtown and nearby transit Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 23 services. Staff is of the opinion that the project advances the Master Plan by encouraging the reutilization of land, permitting increased densities and providing quality housing to meet housing needs. If the property were rezoned to R-4 without a PUD, it would be able to be developed at a higher density than proposed and the City would be limited in its ability to restrict future development and uses on the site. Staff would not likely support a straight rezone to R-4, however, in this case, rezoning the subject property to R-4 will allow the City to consider a redevelopment proposal through the planning and development process. The rezoning will be contingent upon approval of the PUD by the Board of Aldermen and if the 17 PUD is not approved or if the approvals expire, the 18 property would revert to its current zoning 19 designation. 20 Staff's recommendation to this Board is to 21 recommend approval of the rezoning of the subject 22 property from R-2, single family dwelling district to 23 R-4, low density multi-family dwelling district to the 24 Board of Aldermen, subject to the following condition 25 and that is that this zoning request would be Concannon & Jaeger St. Louis, Missouri (314) 421-1000

24 1 contingent upon approval by the Board of Aldermen of 2 the Planned Unit Development rezoning application. If 3 approved and the planning and development expires, 4 becomes invalid or the project is not constructed, the 5 subject properties will revert back to R-2 single 6 family dwelling district. 7 8 THE CHAIRMAN: Thank you. We will now open the public hearing and the applicant. Currently, 9 for everyone, we are only considering the rezoning from 10 R-2 single family to R-4 low density multiple family 11 dwelling. 12 13 MR. SCHIFFER: So we will make it ' -- my name is Larry Schiffer. I am one of the 14 codevelopers of this project. this 15 We appreciate the opportunity to be here 16 this evening and have you all listen to our presentation. So we'll make this presentation time, even though there are several of these. acceptable to you? THE CHAIRMAN: Yes. one Is that 17 18 19 20 21 MR. SCHIFFER: I'm sure you don't want to 22 hear it more than once. 23 24 THE CHAIRMAN: MR. SCHIFFER: Yes. Okay. Before we begin our 25 presentation, we hereby request a delay or a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

25 1 continuation on the vote, on rezoning from R-4 to PUD 2 3 and to the PUD itself, to allow time to discuss a few of the remaining issues with the staff. So I know we 4 are not at the third one yet but we are requesting that 5 situation. 6 7 8 9 10 11 MR. CHAIRMAN: Okay. Let's -- but we are going through, forward with R-2 to R-4? MR. SCHIFFER: THE CHAIRMAN: we will take up -- MR. SCHIFFER: Correct. Okay. We will continue and I just want to make sure 12 that that was on the table 13 14 15 16 17 18 19 20 21 THE CHAIRMAN: MR. SCHIFFER: THE CHAIRMAN: MR. SCHIFFER: Yes. -- table now. Yes. I am a resident of Clayton and also all of our home business offices are located in Clayton, just a few blocks away. My personal resume and those of our codevelopers are already in your file. I don't need to go over that. However, for emphasis, please note I have 22 been developing real estate for 50 years, including 23 24 single family and other type of improvements. This isn't our first project, by any means. This project 25 will benefit the businesses and restaurants in the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

26 1 Clayton area by the addition of residents and 35 homes, 2 which of course, will provide an economic boost to the 3 area. And there is a demand for this type housing. 4 Once this has been announced, several 5 times now, we have had numerous people indicate to us, 6 both from Clayton and outside of Clayton, an interest 7 in buying into these homes. 8 9 me. The folks that will move in are similar to Those that want a lifestyle change from homes with 10 a lot of land and upkeep to a home that is simple to 11 maintain and they are able to walk to downtown, to the 12 restaurants and the other establishments. 13 We estimate the beginning price per unit 14 to be $875,000.00, which is approximately equal to or 15 higher than the surrounding neighborhood. Obviously, 16 there are some homes that are higher than that. 17 18 Finally, this home -- townhome development is a great use of the land. Taking into consideration 19 the neighborhood, which we have, the area and the needs 20 of the school district and the City. 21 22 Let's -- just a little history. school building was built in, I think, .1930. This Fifty 23 years later, the school ceased its operation as a 24 public school. In 2009, the School District of Clayton 25 designates the Maryland School as surplus property and Concannon & Jaeger St. Louis, Missouri (314) 421-1000

27 1 then in 2012, the School District of Clayton lists the 2 Maryland School for sale and in 2013, the school 3 building was vacated. We signed a contract with the 4 Clayton School District for the purchase of the 5 property to build a 45 unit development. 6 We have had many community meetings, 7 including one in March of '14 and based on community 8 feedback, we have reduced the plan to 36 units and then 9 we had the City of Clayton conceptual hearing here, 10 review hearing with the Architectural Review Board, et 11 cetera and based on that feedback, we further reduced 12 the uni ts to 35. 13 14 So here we are, May '15 with a presentation to the Planning and Zoning Commission. 15 it's been going on for quite some time. So 16 To give you an idea of the -- some of the 17 benefits, now these are the tax benefits and we have 18 had an expert calculate this and this all based on 19 selling the units for an average price of $875,000.00. 20 So the School District of Clayton, from 21 real property, is valued over twenty years at four 22 million plus. On personal property, almost $645,000.00 23 and then in addition to that, you have the utility 24 gross receipts tax over the twenty years of $232,000.00 25 for a total of just under five million dollars. For Concannon & Jaeger St. Louis, Missouri (314) 421-1000

28 1 the City of Clayton, going through those same numbers, 2 we end up with $1,035,000.00 in total for the City of 3 Clayton, plus the business school district -- the 4 5 6 7 business district of Clayton would have $117,800.00. So you have a total benefit, tax wise of approximately six million dollars. And I might say that this development is not asking for any tax 8 abatement, which I know has been the cause in town 9 recently. 10 Along with me to present and answer 11 questions are my partners, Gyo Obata and Bruce Korn and 12 in addition tonight, we have, if you have questions of 13 them Rob Baringer, our architect, in addition to Gyo, 14 R~ck Kasinsky, landscape architect, Bill Berthold, 15 engineer, Richard Ward, land use expert and of course, 16 you have already met Fred Berger, the attorney. 17 18 19 20 21 22 23 24 I am going to turn it over to Gyo Obata now, to describe some of the details of the project and thank you. MR. OBATA: Good evening. I will describe the site first. You have Westmoreland to the north, Jackson to the east and Maryland Avenue to the south. THE CHAIRMAN: Gyo -- MR. OBATA: We have tried very hard to 25 maximize the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

29 1 THE CHAIRMAN: Gyo, would you speak into 2 the microphone? 3 4 5 6 7 MR. OBATA: Sorry. THE CHAIRMAN: Thank you. MR. OBATA: Do you want me to repeat? THE CHAIRMAN: No. MR. OBATA: Okay. To maximize the open 8 green area, we have put all of the parking below grade, 9 which was a real important step. 10 The second thing we did was to keep the 11 private road, the School Lane to a minimum coming in 12 from Jackson and going out on Maryland Avenue to a 13 minimum, which also helped to maintain a bigger green 14 space. 15 As you can see, we are creating a green 16 rain garden between the units on the top, right there 17 and so many of the houses will have homes -- will have 18 garden terraces and gardens in the back. 19 We studied the residential architecture of 20 Clayton and its materials and we are using brick as our 21 major exterior material with different colored stucco 22 sloping gable roof and bay windows. 23 It shows there that we changed the color 24 of the brick between the homes, so that it 25 distinguishes each of the homes. We studied the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

30 1 circulation to fit the lifestyle of the families, what 2 the families want now. The two car garage is below 3 grade and there are elevators from that level to the 4 upper level. 5 On the ground entry level, we have -- the 6 master bedroom could be on that floor, for people who 7 want their master bedroom on the ground level, along 8 with their living area and in the rear, the dining, 9 living, the family room, kitchen, all face into a 10 special terrace and garden in the back. 11 Some of the units -- those two units in 12 the middle, with the windows showing, they will have 13 14 15 16 17 the opportunity to create a bonus room .up there, with a terrace that.faces back into the garden. We are also using elements that exist in the present Maryland School. We are saving them and the main entry element, we are using it in a sitting 18 garden and then the urns from the school, we are using 19 in the pylon, for the entry from Maryland and from 20 21 22 23 Jackson. Thank you. I didn't introduce you. I'm sorry. MR. KORN: Thank you. My name is Bruce Korn. I am one of the codevelopers, along with Larry 24 Schiffer and Gyo Obata. I definitely want to thank you 25 all for taking your time. This has been a long process Concannon & Jaeger St. Louis, Missouri (314) 421-1000

31 1 2 for all of us. My company, Higginbotham Brothers will be the contractor on this job. We have been in 3 business, building custom homes for many years, since 4 the war ended in 1945. 5 My partners, Leo -- I'm sorry, Gyo and 6 Larry and I are really pleased to present this project 7 to you. If you all recall, we had a conceptual meeting 8 back in October, on October 20th of 2014. 9 Since then, we worked very hard with our 10 architects and our engineers, City staff and the 11 community, to make changes to the site plan, of which 12 we have made several very significant ones. 13 Here on our first slide, as Larry said 14 15 16 17 18 19 earlier, our original plan had 45 townhomes. We have now reduced it to 35 on that site. Here is a big item here. We rotated the homes on Westmoreland. If you recall at the conceptual hearing, the backs of the buildings were facing .Westmoreland. So what we did is we rotated them around, 20 so now we have the front doors face the street and this 21 was a very good discussion and a very good decision, 22 because it really enhances that neighborhood feeling 23 all along Westmoreland. It doesn't end when you get to 24 our development. The next item is the homes on 25 Maryland, which had originally fronted on Maryland, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

32 1 were reversed and they now face School Lane and their 2 backyards and their terraces face Maryland Avenue. 3 Another consideration we had is the westernmost 4 building, our building number seven, we moved it 5 forward about thirteen and a half feet, away from the 6 western neighbor and away from the property lines. 7 So we now have twenty six feet from the 8 property line to the rear of our building number seven 9 and then you have the distance from that property line 10 to the neighbor's house of about five and a half feet. 11 We took the road if you all recall, it 12 came in farther north and you will see that on the site 13 plan in a minute. We moved it south about 50 feet and 14 what that did is it reduced the length of the paving by 15 50 feet, now which allowed us to decrease the amount of 16 impervious coverage and increase green space. 17 Another big item that we thought was a win 18 for everybody is we had originally planned on these 19 underground storage chambers, these big, giant tanks 20 for storm water runoff. 21 Well, our landscape architect and 22 engineers worked with MSD and now we have created this 23 landscape rain garden, that will serve the same purpose 24 and all of these things, keep in mind, meet the MSD 25 regulations for storm water. The next item I have for Concannon & Jaeger St. Louis, Missouri (314) 421-1000

33 1 you is, this is the engineered site plan. It's, it's a 2 little harder to see but one thing I wanted to talk 3 about is setbacks, because I know that has come up 4 several times. 5 6 distance What I am talking about here is the we are going to use from the curb. to the 7 front of these buildings and on the Westmoreland side, 8 our buildings on the west end of Westmoreland by unit 9 number eight, I think that is, we are forty one feet 10 11 12 13 14 from the curb to the building and on the east end of Moreland, we are forty four feet. Coming around to the east, I will try and point that out. Coming around to the east, the sides of our buildings on Jackson are 18 feet away from the 15 curb on Jackson, which is a -- about a typical side 16 yard setback in a residential home. 17 Coming around to Maryland Avenue, we have 18 29 feet on the east, from the curb to the building and 19 on the west, we are about 32 feet at that location and 20 as I described earlier, we are 26 feet from the western 21 property line to our building. 22 So that is, that's an important 23 consideration that allows our alignment, particularly 24 on Westmoreland, is very similar to all the other homes 25 on the street. Our next -- here is a good slide. This Concannon & Jaeger St. Louis, Missouri (314) 421-1000

34 1 is our streetscape. I think this -- hopefully, you all 2 can see it or have seen it. This gives you a real good 3 sense for the views from Maryland, Jackson and 4 Westmoreland itself. 5 We had the residential homes drawn in on I 6 all of the elevations. There is our western neighbor 7 on building seven and across the street on Maryland, 8 that is our northern neighbor. Same thing on Jackson. 9 You can see the sides of the buildings and 10 then -- I'm sorry. That's the neighbor to the north on 11 Maryland Avenue, because this is the view, looking from 12 Jackson. 13 And on Westmoreland, you can see the house 14 there -- Jackson here. There's the house, which is 15 actually in University City to the east and then the 16 house in to the west of us, that's one of the two 17 houses that are in the future Hanley Park designation. 18 So this, I think, really -- it shows you 19 the scale. Our building heights, as you saw in the 20 staff report are -- they are actually under. 21 They do not exceed the R-2 designation and 22 they are certainly well under the 45 foot height 23 maximum for the R-4 designation. So we stayed well 24 within the residential requirements. We will come back 25 to that. Here's Gyo was talking earlier about the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

35 1 use of the Maryland School front entrance frieze. We 2 have -- there it is. That's our sitting garden, which 3 is on the curve. It actually sits to the east of 4 building number seven and the idea was to make a space 5 that was a place for people to sit. 6 We hope to re-purpose some of the bricks 7 in the school, for the paving there and have some 8 benches available and then again, the Maryland School 9 frieze off of the building, in that area. 10 11 12 13 And then the next, this is a slide of the actual landscape plan. Not as easy to read but there's a -- several important things that I want you all to consider here. 14 Can we have that next slide? Since the 15 conceptual hearing and I know it's hard, 106 or 206 16 trees sound like either a small amount or a large 17 amount to everyone who's -- to whoever is asking the 18 question or hearing the comment. 19 We did increase our number of replacement 20 trees, because we are sensitive to the trees that are 21 22 23 being removed on the site. 171 trees. So we've gone from 106 to Now, a lot of that is now we work with 24 Public Works and we have a tree lawn on either side of 25 School Lane and we will incorporate street trees, just Concannon & Jaeger St. Louis, Missouri (314) 421-1000

36 1 like you have in all of the other subdivisions in the 2 3 4 5 6 City and all of the other streets. Twenty eight varieties of broad leaf evergreens and twenty six various street trees. That's what we have. The rain garden, again, we think that was a big win for everybody. It all will be landscaped 7 with native trees and shrubs and grasses and again, 8 that rain garden is designed for rain events and when 9 there's not a small amount of water in the bottom of 10 it, draining out slowly, it's a landscape feature. 11 And then, by all means, the addition of 12 the sitting garden, I have already discussed. We are 13 using the portal from the building and some of the 14 brick pavers from the building itself. 15 The next item I would like to mention, 16 because parking has been discussed many times and we 17 did -- and we have actually asked the City at this 18 point to engage their professional group to do a 19 parking study. 20 We did one on our own, because we had been 21 made aware of some of the concerns and comparisons to 22 the Moorlands area and the Old Town Clayton area and 23 what we did is we had our engineers actually go out and 24 count houses and parking spots and garage spaces and 25 what we found was the Maryland School Town Home Concannon & Jaeger St. Louis, Missouri (314) 421-1000

37 1 project, without including eleven spaces that are 2 available on Westmoreland but including the spaces on 3 our street and Maryland Avenue, we have three parking 4 spaces per unit. 5 Over in the Moorlands, which you all know 6 that area, they have one and a half parking spaces per 7 living unit over there and the Old Town Clayton area 8 has 2.2 parking spaces per area, per living unit. 9 we feel that we have done a good job accommodating 10 parking for both residents and guests. So 11 THE CHAIRMAN: Would this be a good time 12 to ask the traffic engineer to make comments -- 13 MR. KORN: That would be terrific. 14 15 16 17 Cannon. THE CHAIRMAN: due to time constraints? MR. KORN: Lee? MR. CANNON: Good evening. My name is Lee I am a traffic engineer and principal at CBB 18 here in St. Louis, 12400 Olive, Suite 430. 19 My apologies but I got double booked 20 tonight, so I was going to give a presentation on the 21 traffic and parking issues, just in general terms and 22 then I can answer any questions that you may have. 23 Effectively, 35 homes is going to generate 24 a relatively low number of trips and will have no 25 significant impact, as far as volumes go, to the area Concannon & Jaeger St. Louis, Missouri (314) 421-1000

38 1 roadway system. The roadway system can very easily 2 accommodate approximately 30 vehicles per hour added to 3 the roadway system. 4 The site access, since the original 5 traffic study was completed has been modified somewhat. 6 The drive -- the new roadway has heen moved a little 7 further south, along Jackson, from where it was 8 originally placed in the plan. 9 One of the issues of concern originally 10 was the fact that a section of Maryland was going to be 11 changed from one way to two way and we believe that can 12 be accommodated safely, if the City chooses to allow 13 that to occur. 14 15 16 17 18 19 20 21 22 23 24 25 MR. LIBERMAN: Mr. Chairman, I don't know that this was directly tied up -- his firm was employed by the City? MR. CANNON: Yes, sir. That is usually a disclaimer that I give. My apologies. MR. LIBERMAN: Yes. MR. CANNON: Our firm was hired by the City of Clayton through generally.Public Works and Planning, to give these opinions independent of the developer. Thank you, sir. We had not originally done a. parking study for the site, inasmuch as we were asked but we thought about the parking for the development at Concannon & Jaeger St. Louis, Missouri (314) 421-1000

39 1 two spaces per thousand and as you have heard me say 2 over the last several months, for apartment/condominium 3 type of uses, we look at about one and a. half spaces 4 per unit, as being acceptable for the residents' use. This site had two spaces that were 5 6 7 dedicated to the residents. The question that has been raised recently is since the parking is.going to be set 8 aside and gated for the residents, what happens to the 9 visitors and deliveries? 10 And that question was posed more 11 specifically very recently and we have not yet done our 12 evaluation on that but we will be able to do that 13 within the next few weeks. 14 I believe I heard that this may be getting 15 -- the decision may be getting delayed, so we would get 16 that work done, so that you could have those answers at 17 that time. 18 19 But for the residents, two per thousand is more than enough. The question is based on what is 20 left out on the surface, do we believe that that is 21 acceptable to meet the needs of visitors and 22 deliveries, beyond the residents who live there? 23 So does anybody have any specific 24 questions about the parking at -- pardon me, about the 25 traffic study that was submitted for the development? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 40 THE CHAIRMAN: Typically, we would wait until the public hearing is at the end. However, Mr. Cannon has to leave, so if there are any questions about what he brought up, I think now would be appropriate time. Jim? MR. LIBERMAN: street parking? MR. CANNON: MR. LIBERMAN: What is the theory on I What is the theory on street parking? I don't -- I know -- there was something in the report about visitors would park on the street. I'm not sure if it was -- MR. CANNON: At this point, we haven't addressed the visitor and delivery parking. We were 15 asked, late last week, to specifically address that 16 17 18 19 20 21 22 concern by Public Works. MR. LIBERMAN: Okay. I'm just going to quickly add, is there parking on Maryland, between the dead end and Jackson? Is that the plan or MR. KORN: Yes. Do you want to put up the site plan? Okay. You can see the new -- MR. LIBERMAN: You would maintain the 23 spaces on Maryland? 24 25 MR. KORN: That is correct. I'm not sure what you mean by maintain them. They would be Concannon & Jaeger St. Louis, Missouri (314) 421-1000

41 1 available to -- for anybody, any guest, these spots 2 along here, on Maryland and they are also -- there's 11 3 on Westmoreland, that we did not patch in there but 4 there are 11 that now, that are -- this building faces 5 Westmoreland. 6 7 residents. Those would be available to those Originally, it was the back of the house 8 but now we have got the fronts to be available on 9 Westmoreland and School Lane, we have, I think there's 10 11 or 12 service spots, 11. 11 MR. CORSON: I believe the staff at one 12 point, to put on School Lane on both sides of the 13 street or does that fit, figuratively? 14 MR. CANNON: Well, the plan has been 15 modified, you know, going through the -- I don't know 16 exactly know how wide that street is today but you can 17 get parking within a street. 18 I don't know whether it currently fits. 19 We like to see twenty two to twenty four feet of 20 pavement and seven for the two way traffic and seven or 21 eight feet for the parking lanes, so -- the way it is 22 drawn, I don't think that it would. 23 THE CHAIRMAN: Any other parking or 24 traffic questions for Mr. Cannon? 25 MR. LIBERMAN: Is there any Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 consideration -- just give me the traffic flow on 2 3 4 5 Maryland now. part? Is it two way in part and one way in MR. KORN: Well, right now, Maryland Avenue is one way, east to west. What we have 6 requested is that it becomes two way in both 7 directions, so it becomes a two way street. 42 8 MR. CANNON: Can you point to the location 9 where it would remain one way? 10 MR. KORN: Okay. I'm sorry. As you get 11 to Lee Avenue, you all know there is a cul-de-sac on 12 Maryland and that's Maryland, on Maryland east of our 13 property and what we're talking, saying here is it will 14 be maintained a two way but as you head south on Lee 15 Avenue, it really pinches down, so that would remain 16 one way going out to Forsyth. 17 It would be two way, we could come out of 18 School Lane and go east to Jackson or you could go 19 south, out to Forsyth. Does the explain, does that 20 help you? 21 22 MR. LIBERMAN: THE CHAIRMAN: Right. But School Lane also is 23 split, two ways. 24 25 MR. KORN: .That is correct. I can show you that now. School Lane is two way, coming in from Concannon & Jaeger St. Louis, Missouri (314) 421-1000

43 1 Jackson 'til we make our turn. So in other words, you 2 can come in from the east and you can exit out to the 3 4 5 6 south on School Lane. You cannot go -- we are one way in this section right here. It's one way going south, right after you make our turn here. So you cannot come into the 7 development from Maryland Avenue and go north. 8 And what you need to keep in mind is our 9 traffic, our residents, they will be coming from the 10 east and they will be going down into their buildings. 11 So they don't have a good reason, we don't 12 think, to come in from School Lane at this point and we 13 needed to, to narrow the street at that point, for our 14 15 traffic. So you would come out of your building and 16 you would go east to go north, to the airport or you 17 would turn and go south and you would end up on the one 18 way, to go out to Forsyth. 19 MR. LIBERMAN: So there's no -- you didn't 20 find any traffic issue with adding School Lane? 21 Because you now have three, basically right and left 22 turn abilities, both at -- coming -- at all three 23 streets. 24 MR. CANNON: Yeah. The volumes are just 25 so low that there's really not much concern there and Concannon & Jaeger St. Louis, Missouri (314) 421-1000

44 1 the distances between those intersections along Jackson 2 are, are acceptable, based on those low volumes and you 3 see the way that the homes are laid out, you have a 4 certain number of homes that front and get their 5 driveway -- Bruce, do you have the pen? Thank you. 6 There's a certain number of these homes, 7 basically, that load on this driveway of Westmoreland. 8 These homes load, generally speaking, onto School Lane 9 at Jackson and then these homes are the ones that load 10 directly onto Maryland Avenue. 11 So those, those volumes are generally 12 spread out and for the -- at the time, the thirty six 13 units, we had projected in the peak hour, a maximum of 14 twenty six trips with seventeen in and nine out. 15 At seventeen trips, you are talking about 16 one trip every four minutes, on average and when you 17 add that to the road system, it's just, it's just not a 18 19 20 21 noticeable volume of traffic. Yes, there's more but it's a, it's only for thirty five homes that flow through the lot. MR. LIBERMAN: It is -- it may not be part 22 of your deal, pedestrian wise, you now have got two 23 fairly large entrances with not much separation. AUDIENCE: Can't hear you. 24 25 MR. LIBERMAN: Oh, I'm not on. You have Concannon & Jaeger St. Louis, Missouri (314) 421-1000

45 1 the School, the School Lane coming on Maryland and then 2 you have a significant driveway into the building, so 3 as a pedestrian, you are pretty much slammed at those 4 sort of the amount of space that's between the 5 driveway -- 6 MR. CANNON: Well, yes. You do have to 7 cross two driveways in close proximity to one another 8 but a) the City will require ADA compatible crossings, 9 so they will have to be ramped and well marked. 10 The volumes that those people will face is 11 relatively low. You know, if you have, even if you had 12 a large number of pedestrians for the total 13 development, having to look at one additional car every 14 four minutes, you just don't have a lot of exposure for 15 16 17 18 19 20 those conflicts. MR. LIBERMAN: Okay. THE CHAIRMAN: Anything else, Jim? No. Other comments on streets or parking? Okay. you. Thank MR. CANNON: And I would offer if it is 21 allowed within your process, if there are questions 22 that you wish to have answered, that we can do that at 23 the next meeting or through the staff. 24 THE CHAIRMAN: Okay. Thank you. 25 MR. KORN: Thank you, Mr. Cannon. Thank Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 46 you. So do we get that 10 minutes back? THE CHAIRMAN: Yes. MR. KORN: Okay. So thank you. I think that was very productive and helpful to us and hopefully everybody in the room. So one thing I really want to do is this has been a long process is recognize the efforts made by the City staff. I do notice this is the first residential 9 PUD in Clayton, ever and one -- and the newest 10 subdivision in many, many years. It could be 25 or 30 11 years or more. 12 Many of the staff were in elementary 13 school at the time when the last subdivision came in, 14 so it's been a challenge for everybody. They have been 15 very responsive to our questions and I thank them for 16 17 that. A couple of other things here. As 18 mentioned earlier, we are looking at six different 19 applications and we got, late Friday, a recommendation 20 to the staff and we worked hard all weekend, to try and 21 sort out these approvals and recommendations A. 22 That is one of the reasons we have 23 requested of the committee that we are able to continue 24 the voting portion of the R-4 to PUD and PUD, because 25 there are several items, none of them terrible but some Concannon & Jaeger St. Louis, Missouri (314) 421-1000

47 1 of them significant enough to us, that we had to work 2 with staff this next week and understand what our 3 options are and do some work on our side, to do that. 4 So again, we appreciate the effort but we 5 did not have enough time to prepare responses to all of 6 the recommendations. Many of them are not an issue but 7 some of them need some more discussion. 8 At this point, I'd like to introduce 9 Richard Ward. Richard Ward is the President of Ward 10 Development Counsel, an expert on zoning and he was a 11 member of the team who helped revise the City of 12 13 14 Clayton Master Plan, back in 1989. Thank you. MR. WARD: Thank you, Bruce. As he said, Richard Ward with Ward Development Counsel. I have 15 been involved, on and off with Clayton for a long time. 16 Worked with the DeMun area twice, back in ancient 17 history. 18 19 20 21 22 23 AUDIENCE: Can '.t hear you. MR. WARD: I helped set the zoning for that -- AUDIENCE: We can't hear you. MR. WARD: What's there today is pretty much a result of that plan. I worked for the downtown 24 plan in the 1990s, part of that team: As was 25 mentioned, in 1989, I led the creation of what is Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 called the Pennies in Confidence Plan. a little bit about infill development. 48 I want to talk I consider this 3 an infill development project. 4 It's a concept and planning role that 5 really applies in situations where you are dealing with 6 underutilized land, where the land is often 7 functionally land use and the facility are functionally 8 9 obsolete. Where there is a limited supply of land 10 and that freeing up a particular piece of land in its 11 surroundings is a valuable thing for the community, for 12 the City, for the new owners and the developers. 13 Something to be worked with. 14 15 16 17 18 19 20 21 22 23 Maryland School Town Homes, in my judgment is an excellent example of an effective infill development. The school, as you know, was vacated in 1980. It's today on the block for sale. That is, 35 years has passed since it was an active public school. The proposal provides for single family homes. It's not a· radical change in land use. It's not commercial. It's not institutional. It's not employment. It's not traffic. It's single family homes. They are 24 different, because they are oriented to people 25 primarily who are what we call empty nesters, like Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 49 myself. People that desire a different lifestyle, from a big lot and a big home, that needs a lot of maintenance and a lot of care and attention. Ease of life is very important to the people who will buy here and this development offers that. So it is different in that sense. It doesn't look like everything that has been built in the surrounding neighborhoods over the last 60 years but it 9 is, it is, certainly compatible in my judgment. 10 The Planned Unit Development concept is a 11 perfect way to approach this, in my judgment. It's a 12 concept that came out in the 1960s, that along with the 13 concept of site plan review and zoning. 14 It focuses on the project and how that 15 project can be refined in every detail, both in the 16 the things that can· be measured and the things that 1 7 can't be measured. 18 The things that are aesthetic and things 19 that are, are more subjective as well as the things 20 21 22 23 24 25 that are objective. So this PUD is a good concept for use in a project like this, especially an infill development, where it can respond creatively to the surroundings, to the needs of the constituency that will buy and live there and for the needs of the City as a whole. Maryland -- I would say that the Maryland Concannon & Jaeger St. Louis, Missouri (314) 421-1000

50 1 -- I would like to assert that in my judgment, the 2 3 4 5 6 7 Maryland School Town Homes plan complies with the City's Master Plan. Now, the City's Master Plan is 40 years old. That's a long time for a comprehensive plan. Anybody in planning would know and it was -- there were amendments that were made, that I worked on in 1989 but 8 they were really only focused on the, on the land use 9 issues that might -- associated with Forsyth Boulevard 10 and the commercial uses that are there and that might 11 be there on Forsyth, between Hanley and the old Famous 12 Barr building. 13 So it's -- that was a narrow focus at that 14 one. The Plan, it -- I think the Plan recognizes some 15 very important trends and influences on the City and 16 City neighborhoods and business districts, 1 7 notwithstanding its age. 18 It recognizes that there will be an 19 increase in residential density in the City of, the 20 City over time. It actually calculated that to -- from 21 8 units per acre to 8.6 units per acre, is what they 22 23 24 25 projected. That wasn't, that's wasn't deterministic. That was just looking forward. It said that housing obsolescence needed to be managed and avoided by Concannon & Jaeger St. Louis, Missouri (314) 421-1000

51 1 upgrading with new investment, replacement of different 2 units and it quotes expectation of a broad mixture of 3 dwelling unit types that would go into the different 4 neighborhoods. 5 It does say that there would be a 6 continued predominance of single family homes 7 throughout the City but it doesn't say exclusively 8 single family homes. 9 It says that there is important new 10 development that should -- new development should 11 always be respectful for its surroundings but not 12 necessarily replicated. 13 Now, these are my words, because I boiled 14 down a lot of stuff to come up with these findings. 15 Then the Plan did not foresee the Maryland School 16 closing and going away. 17 Even though the Plan was done five years 18 before that, the school was closed but not, did not go 19 away. So it did not explicitly address that. It did 20 recommend that the Hanley House would be expanded and 21 that hopefully will still be done but the two homes 22 that are in that site are still available. 23 It did not envision major changes in land 24 use between the -- on the eastern part of Old Town, 25 which this is as has occurred on the western end of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

52 1 town, of Old Town, along Brentwood and Meramec but it 2 certainly did not say there could not be change. It 3 just would not be commercial development within the 4 neighborhood or on -- in the neighborhood. 5 6 7 8 9 10 11 12 13 14 15 It did emphasize that there needed to be an effective transition between the existing single family homes and what happens on Forsyth. We see the school being a perfect transition between the homes that are preexisting and the commercial that will be on Forsyth or that is on Forsyth. That's a fundamental conviction that we have in this development. Some salient attributes of the Maryland School Town Homes. A lot most of this has been said. Let me just highlight a few things that I think 16 are worth emphasizing again. 17 These are single family homes. They will 18 be sold for prices that are competitive with, if not 19 exceeding the averages of homes around them, in the 20 neighborhood. 21 They will be small families, typically two 22 people over the age of fifty, if not over the age of 23 sixty. The landscaping will be intensive throughout. 24 The street trees that can be preserved will be retained 25 and made part of that landscape plan. The vast Concannon & Jaeger St. Louis, Missouri (314) 421-1000

53 1 majority of the parking will be underground and no 2 parking lots. It will have the sense of a single 3 family neighborhood in that regard and last but not 4 least, I think the increase in patrons to the downtown 5 is a very important plus from this development, not 6 only to go there for restaurants and retailing but to 7 go there to work. 8 People can -- will choose to live here, to 9 continue on with their careers. If they are a 10 consultant like me, perhaps and later in their careers, 11 will go to -- be able to walk to Clayton, to do their 12 13 14 15 16 17 18 19 20 21 22 23 24 business. So this is, I think, a wonderful development for Clayton, a wonderful development for the neighborhood and very in keeping with this City's comprehensive plan. Thank you. I will turn it back to Bruce. MR. KORN: Thank you. We have got -- thank you, Richard, two more items to give to you this evening. I have about a hundred and eleven letters that I am going to give out to each one of you. Fred Berger has some stuff to present into the record for us and then we will be finished with our presentation. THE CHAIRMAN: Have you delivered those to 25 Kathy? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

54 1 MR. KORN: They have. I can. They have 2 one -- you have one copy of this right now. You have 3 4 5 6 7 seen this once. We brought copies for everybody. THE CHAIRMAN: distribute them. MR. KORN: Yes. If you would like to THE CHAIRMAN:, I don't guarantee that they 8 will be read this evening. 9 10 11 12 13 14 15 16 17 18 19 MR. KORN: They may not. MR. BERGER: Mr. Chairman, Fred Berger again. Just a couple of matters, housekeeping. I wanted to first clarify that the applicant is desirous and has proceeded with this public hearing, with respect to its request to rezone from R-4 to PUD and its PUD application as well. We just request that the vote on that be extended, to give us a chance to work with the staff, with respect to the recommendations that we received on Friday. 20 We believe we will be able to reach 21 consensus on many of those and those that need a little 22 bit of discussion, we will do that with the staff, so I 23 want to clarify, because there have been a couple of 24 different comments by Larry Schiff er and by Bruce on 25 that but I want to make real clear. We have proceeded Concannon & Jaeger St. Louis, Missouri (314) 421-1000

55 1 this evening with respect to our request for -- going 2 from ·R-4 to PUD and on the PUD application itself. We 3 are just requesting that the vote be continued until 4 the next public hearing or the next hearing, so that we 5 can have a chance to work with the staff, with respect 6 to their comments and try to get on the same page with 7 respect to all of that. We are there on many of them 8 but there's a couple we just want to talk through. 9 10 THE CHAIRMAN: Okay. MR. KORN: I want to make that 11 clarification. 12 THE CHAIRMAN: So items B2 and B3, which 13 we would consider together, that is the R-4 to Planned 14 Unit Development District and the proposed Planned Unit 15 Development to the south, those two, you would want to 16 continue for the final discussion and vote? 17 MR. KORN: For the -- yes, only. 18 Everything else would continue tonight. 19 THE CHAIRMAN: Would you -- on items B2 20 and B3, would you be discussing tonight, would we go 21 through their public hearing? 22 MR. BERGER: Well, we're, we're ready to 23 24 25 proceed. Yes. THE CHAIRMAN: Okay. MR. BERGER: Yes. The other item I would Concannon & Jaeger St. Louis, Missouri (314) 421-1000

56 1 like to do is I've got some matters to introduce to the 2 public record is exhibits, if I may approach and do so? 3 4 5 6 7 8 THE CHAIRMAN: Sure. MR. BERGER: Thank you. This is Maryland School Town Home Exhibit 1, which is a presentation, which was submitted to the planning staff April 3rd. This is a formal copy with all of the exhibits on computer disc attached. I am going to give hard 9 copies, in case there is corruption with the disc. 10 THE CHAIRMAN: Mr. Berger, is that the 11 same as this? 12 MR. BERGER: Yes, it is, except it did not 13 attach the exhibits and the exhibits are all part of 14 the public file. I wanted to make the public file part 15 of the public record. 16 So I have it on a computer disc and I have 17 volumes, which I want to introduce in a moment, City 18 Charter, ordinances and everything. Can you move that? 19 I am sorry to bother you. 20 This is Maryland School Town Homes Exhibit 21 2, which is Volume 1 of the exhibits that are attached 22 to the presentation. This is Exhibit 3, which is 23 Maryland School Town Homes Volume 2 of the exhibits to 24 25 the presentation. This is Exhibit 4, which is Volume 3 of Maryland School Town Homes' presentation. Thank you Concannon & Jaeger St. Louis, Missouri (314) 421-1000

57 1 very much. 2 THE CHAIRMAN: Thank you. Do you have 3 4 5 6 7 8 9 10 11 12 13 14 anything in addition, Mr. Korn? MR. KORN: Not at this time. THE CHAIRMAN: No. Okay. So what we have heard is the applicant's presentation, covering the entire portion of what they are asking for in the multiple applications. Now, we would like to go back and we are in a public hearing for the rezoning of the property, from R-2 to R-4 and we will invite any public comments at this point. And I would like to remind everyone that we are asking that there by no repetition. That the 15 neighborhoods select a speaker and that all of the 16 17 speakers maintain three minutes each. MS. BLOCK: Good evening, Commission. 18 Thank you very much for allowing me to speak as a 19 representative of the citizens group Protect Clayton 20 Neighborhoods. 21 My name is Susan Block. I am a retired 22 Circuit Court Judge and I am a partner in the law firm 23 of Paule, Camazine and Blumenthal. I live at 7533 West 24 Moreland, where the houses got turned around since the 25 last time we met with this group. So I would like, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

58 1 just for a minute, to say that I do think the three 2 minute limit is an unfair limit, in terms of how many 3 speakers there were but I will abide by the ruling of 4 the esteemed Chair. 5 At this time, I would like to ask those 6 persons who are a part of the Protect Clayton 7 Neighborhoods group to please stand, so that you may 8 see their numbers. Thank you. 9 Now, a lot of things have happened already 10 tonight and I always feels as if with all due respect 11 to the developers, who have way more experience in this 12 area than I could ever dream of having, that there is 13 always just a little something new, a little something 14 changing. 15 It wasn't surprising to me, having been a 16 judge for 25 years, that you start off with 45 and you 17 work yourself down to 35. 18 Because people with this much experience, 19 they knew how many units it took from the beginning and 20 it is not as a result of community comments, because 21 the community comments would be opposed to the 22 rezoning, not opposed to the numbers. 23 I was really happy to hear, for the first 24 time, Mr. Richard Ward, who I know of his reputation 25 for many years, finally use the word and term Master Concannon & Jaeger St. Louis, Missouri (314) 421-1000

59 1 Plan. Because up to that point, you would have thought 2 that the folks sitting in the front row were here, 3 coming to give something to Clayton and had a lot of 4 numbers to show you the benefits to Clayton but of 5 course, no numbers to show you the benefits to them. 6 7 8 I think that is a very telling feature of the presentation. I'm not that good with math and I'm sure this is going to cost them something but in gross 9 figures, we're talking about 31 million dollars. 10 That's a lot of money and why I was so 11 happy to hear from Mr. Ward was that, in general, he 12 was very honest about what the Master Plan said but he 13 was very de minimis in what the Master Plan didn't say. 14 15 Let's just start with the buffer. So all of a sudden now, Maryland School, after being closed 16 since 1980 and of course, we know it was used for multi 17 uses. 18 The last one being the large -- the 19 launching pad of the security for the Ferguson forces 20 and I know, because those lights were in my bedroom 21 window every night. 22 We know it was used for a school. We know 23 it was used for Wilson School, when they had a problem. 24 25 We know there's a garden there. We know that children play there. We know that we are not the beneficiaries Concannon & Jaeger St. Louis, Missouri (314) 421-1000

60 1 2 3 of a tailor park. That once that area goes, there is no place for the children in that neighborhood to play. We did not hear if there would be traffic signals. We 4 heard, for the first time, the expression gated. 5 We did not get a definition of gated and 6 then for the first time, we were completely taken back. 7 You at least knew since Friday, about the 8 recommendations of the Planning Commission, so you have 9 the weekend. 10 We didn't know a thing about it. So I 11 think the whole thing, in terms of being delayed is not 12 only it is going_to be delayed but it is certainly 13 premature. 14 Because one of the gentlemen said, we will 15 do everything that you suggest and that is Mr. Berger, 16 being a very good lawyer said, well, I'm not sure if we 17 will do everything but used that legal term, 18 19 20 substantial. Let there be no mistake. This is spot zoning. This is ad hoc zoning. This is zoning that is 21 completely extraordinary as they have admitted 22 themselves. 23 We know it will it will benefit the 24 builders. We have no data to show who frequents the 25 business in Clayton. We have no data before us, to Concannon & Jaeger St. Louis, Missouri (314) 421-1000

61 1 show how many people will buy these and will be two· 2 people. We know lots of people that are looking for 3 places, that have singlets, those single children that 4 5 6 7 8 9 10 11 12 13 would love to live in Clayton and have their children and if they do, we know the effect of that. The effect of that is money in one way and money out the other way, because the school district, as Jane mentioned to me, has the discretion then not to take the transfer students if some of these units would have, perhaps a small child. So there is a detriment. Benefit analysis: This a detriment to the neighborhood where I live. The buffer was already established by one of all three plans. There has been 14 time to change that buffer. 15 The buffer is Forsyth and now, to come and 16 change it, after there has been a Master Plan, an 17 amendment to the Master Plan and a 2010 Downtown 18 Clayton Master Plan, to come up with this creative 19 concept, that now Maryland School would be the buffer 20 is really completely extraordinarily ridiculous. 21 To talk about Old Town and what the Master 22 Plan talked about was it talked about helping to 23 increase density in neglected areas of Old Town. This 24 neighborhood has never been described as a neglected 25 area. In fact, it has been described exactly the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 opposite. It's been described as old and well 2 maintained. The intensification has never been 3 contemplated by any of these three plans and now the 4 expansion of the PUD, that really is, by their own 5 admission, based on requests of the builders is also 6 extraordinary. 62 7 The zoning of all three of these plans is 8 comprehensive. It was well thought of. It makes me 9 very proud to be a, really, newer citizen of Clayton. 10 The comprehensive plan was to lessen congestion in the 11 streets, to prevent the overcrowding of plan, to avoid 12 undue concentration of the population and to preserve 13 property values. 14 And if anybody sitting here thinks that 15 these -- this crowded area, of attached homes and if 16 they are not attached, they might as well be and the 17 rain gardens is going to increase the value of the 18 property of our neighborhood, there has been no 19 evidence shown, that that is what happens. 20 There is a demand for single family homes 21 and we are not opposed to single family homes and no 22 one has shown us that the same experienced group 23 couldn't come in with 12, 15 single family homes that 24 would probably go for a million and a half, the way 25 houses are in that neighborhood now, the teardowns and Concannon & Jaeger St. Louis, Missouri (314) 421-1000

63 1 still make sufficient money to feed their families. We 2 believe that the other thing that hasn't, really, been 3 brought up is the impairment of the quality environment 4 of the community. 5 The altering and the impairment of the 6 serenity of the suburban mode in an area that has never 7 been contemplated to be disturbed by three different 8 plans and Mr. Ward knows that better than I do, because 9 he was the pioneer of those plans. 10 He was the pioneer of those plans and now, 11 he is recommending something that has never been 12 contemplated by those plans, is in violation of the 13 goals and objectives of those plans and really, is 14 disregarding the careful and comprehensive studies that 15 I know weren't based just on that moment but were based 16 on the growth of Clayton. 17 18 19 20 21 22 23 24 We believe that this rezoning is arbitrary. We believe that this rezoning is exactly what those land plans were designed to avoid and now here, when we have all come out, David versus Goliath, for you to listen to our concerns. We really believe that the tides keep shifting. When I first came in, I was actually kind of shocked that we weren't down to twenty by now, because 25 each time, there is one more thing that an Concannon & Jaeger St. Louis, Missouri (314) 421-1000

64 1 inexperienced group of developers, perhaps myself, if I 2 were a developer, would think of at the last minute but 3 should have been thought of from the very beginning. 4 So I very much probably went over my 5 three minutes. I respect your patience with us. I do 6 have a letter from somebody who is way more 7 knowledgeable than me in this area. 8 My malpractice insurance doesn't cover me 9 in this area, by Mr. Jenkins of Jenkins and Kling, 10 Steve Kling, who could not be with us tonight and I 11 don't know your procedure for presenting it. THE CHAIRMAN: Yes. To Kathy. MR. KORN: Mr. Chairman 12 13 14 THE CHAIRMAN: And before you go, thank 15 you, Ms. Block for representing the neighborhood group. 16 We appreciate it and you did go over three minutes but 17 you were representing many more people. 18 MS. BLOCK: Thank you very much. 19 THE CHAIRMAN: Mr. Korn? 20 21 MR. KORN: Yes. I was just going to comment that we -- this is not a gated community. 22 know that someone said that earlier but there is no 23 gates anywhere on the property. 24 THE CHAIRMAN: Okay. Thank you. Yes. 25 Another comment? Concannon & Jaeger St. Louis, Missouri (314) 421-1000 I

65 1 2 3 MR. GOODFRIEND: Good evening. My name is Bill Goodfriend. I live at 808 South Meramec Avenue in Davis Place. You know, Davis Place residents 4 understand the balance between different types of 5 zoning in and about their neighborhood. So this balance requires a reasonable 6 7 expectation that boundaries would be hotiored. We can 8 purchase property within a neighborhood, with the 9 expectation that it won't be rezoned. 10 We understand this balance. People moved 11 near Clayton Road in our neighborhood and they 12 understand that businesses operate there. 13 We wouldn't expect a business to be 14 relocated within the boundaries of Davis Place, within 15 the confines of Clayton Road, Hanley, Brentwood and 16 Forest Park Parkway. That would be something other 17 than what we had expected. 18 Similarly, residents of Davis Place 19 purchased homes, knowing that Brentwood and Hanley, 20 boundary roads, have multiple family dwellings and that 21 these thoroughfares are where these dwellings exist. 22 we· would fight tooth and nail against a 23 multi-family dwelling within our borders. Lastly, like 24 our friends near the Maryland School property, we also 25 enjoy the use of the school grounds as a playground or Concannon & Jaeger St. Louis, Missouri (314) 421-1000

66 1 park. While Clayton has some nice parks, including a 2 few neighborhood playgrounds, Davis Place relies on 3 Meramec as a neighborhood outlet and gathering place. 4 So were this area to be rezoned and taken 5 away from us, sometime down the road, it would 6 constitute a material degradation of the quality of 7 life into which we bought. 8 So as a resident and former trustee of 9 Davis Place, I know I speak for myself and probably 10 many of my neighbors, I think I probably echo the 11 sentiments when I express great concern about the rush 12 to rezone unique residential areas, which degrades the 13 14 15 16 17 18 19 20 21 22 quality of life for existing residents. Thank you. THE CHAIRMAN: Thank you. MS. BRANDT: Good evening. My name is Laura Brandt. I moved into my Clayton condominium on North Brentwood in 2013. Before relocating, I was a long time Creve Coeur resident and became familiar with our State's land use laws when a developer attempted to improperly rezone residential property across the street from our single-family neighborhood. As part of the educational process, I was 23 appointed to the Planning and Zoning Commission for 24 four years and then to the City Council for ten years. 25 It would be fair to say that I learned a lot along the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

67 1 way. As a result, I am here tonight as a respectful 2 stakeholder who is very interested in good government 3 and proper land use planning. 4 Before purchasing my condo, I 5 double-checked Clayton's zoning map, as well as its 6 land use plans, just to make sure that I fully 7 understood the City's expectations. 8 I became confident that the appointed 9 elected officials of this beautiful and successful city 10 would intuitively and vigorously defend our 11 well-documented land use plans, unless, of course, the 12 character of our community had changed. 13 Needless to say, I have not seen any such 14 changes during the last few years. I obviously don't 15 live near the Maryland School property, but I know that 16 good land use principles and consistent policies 17 benefit us all: residents, businesses, and developers. 18 Please vote against this rezoning and 19 establish a clear message and a strong paper trail that 20 can be used to protect other Clayton residential 21 neighborhoods for the long term. Thank you. 22 THE CHAIRMAN: Thank you. 23 MR. UCHITELLE: Thank you. My name is Ben 24 Uchitelle. I live at 41 Crestwood Drive in Clayton and 25 I come here to support this opposed development and the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

68 1 reason I come to support it is because I think it makes 2 sense. I think it is a handsome development. I think 3 it's a development that will reflect the transition 4 from busier Forsyth. 5 I think it's a development that reflects 6 the fact that it has underground parking, and I think 7 it's a development that will bring 70, 70 plus new 8 people to Clayton, new people who will shop here, but 9 more important, people who will be part of the fabric 10 of Clayton, who will bring their ideas and their 11 thoughts to Clayton life. 12 Take a look at the picture, it's a good 13 one from my judgment. And the school itself, the 14 Maryland school, where my children went to, has been 15 vacated for a long time. 16 It's no longer in use, the School District 17 is paying insurance and maintenance for it. Here is an 18 opportunity for the School District to realize, I 19 presume, a very substantial amount of money on the sale 20 of the property. 21 More importantly, for the Clayton 22 residents and the School District residents to realize 23 hundred of thousands of dollars in taxes, which can be 24 used for overall improvements for the City of Clayton. 25 So these are reasons I think this project makes overall Concannon & Jaeger St. Louis, Missouri (314) 421-1000

69 1 sense. It's a hard one, and I can appreciate it, but 2 that's your job here. I think the developers have been 3 respectful of what the community is trying to realize. 4 It's a tough one, though. 5 Overall, I think it makes very good sense 6 and I want to close by saying I have no -- as people 7 have accused me, I have no financial interest 8 whatsoever in this. 9 I live at 41 Crestwood Drive. Susan and I 10 intend to continue to live there for many years to 11 12 13 14 15 come. I just think this is a good project and I encourage your favorable consideration. Thank you. THE CHAIRMAN: Thank you. MR. ANDERSON: Mr. Chairman, my name is David Anderson. I live at 126 Linden. My business is 16 at 8000 Maryland, my kids went to Meramec School and my 17 dogs can find their way home from any place in this 18 fine city. 19. I would like to just make a couple of 20 economic points why I think we should all support this 21 project, specifically the change for rezoning. We're in 22 a very, very, enviable position. 23 We live in one of seven states that are 24 rated triple A, we live in a city that's rated triple 25 A, we have a Clayton School District that's rated Concannon & Jaeger St. Louis, Missouri (314) 421-1000

70 1 triple A. The last time they were rated triple A, I 2 read the rating report in Moody's Standard and Poor's 3 and it noted that there was a seven million dollar 4 surplus, which gave the rating agencies great 5 confidence in assigning a triple A rating to the 6 Clayton Schools. 7 Over the past four years, that seven 8 million has been dissipated. Under the past four years 9 in economic contraction, the City of Clayton is having 10 a tough time. 11 It's tough to make those tough choices 12 when you have a constituency that really wants 13 top-grade education and top-grade services. This, to 14 me, is chance to convert an underutilized asset to 35 15 new, $900,000.00 homes. 16 It's like adding a block and a quarter to 17 Clayton Gardens. It's bringing seventy people to a base 18 population of sixteen thousand. It's a half of a 19 percent but we're living in a two percent basic 20 economy, where half a percent makes a difference. 21 These will be high spending consumers and 22 good taxpayers. So my argument is, I'm facing, we're 23 all facing, probably, 20 percent increases in our 24 taxes. We need to be pro-growth and we've got a project 25 here, by a developer willing to spend 30 million Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 71 dollars. You've got a first-class home builder and we have a world class architect. So I recommend this 3 project be approved. 4 5 6 7 THE CHAIRMAN: Thank you. MR. LIBERMAN: Mr. Chairman, I'd like to clarify our role. As far as I know, it does not involve economics. I think it's important but I don't 8 think that's part of our purpose. 9 THE CHAIRMAN: That is correct. We do not 10 deal with the economic situation, the cost or anything 11 else. We're strictly on the planning and aesthetic 12 aspects. 13 MR. ROSENBLUM: And that was going to be 14 my first point. Steven Rosenblum, I live at 7501 15 Westmoreland Avenue and never, ever should any economic 16 factor weigh into this decision. 17 I think those are all things that muddy 18 the waters. They should all be completely discounted, 19 according to all laws in the steps going forward. 20 I do want to quickly talk about, at a very 21 high level, about the history of this property and the 22 danger for Clayton posed by this project. 23 The property being discussed is a plot of 24 historic land that's been somewhat controversial since 25 it began as Martin Franklin Hanley's front yard. He Concannon & Jaeger St. Louis, Missouri (314) 421-1000

72 1 famously gifted a portion of that land to create the 2 County Seat. That property was later transferred by the 3 City to the School District but not before his wife, 4 his widow, Cyrene Hanley, took the case all the way to 5 the Missouri Supreme Court and reluctantly settled, 6 allowing the school to be built there. 7 By the late '20s, the Maryland School 8 stood on this site, which was in use until 1980. For 9 the next 29 years, no one has mentioned that it was 10 leased and used by Clayton Child Care and Clayton 11 Academy, a very popular school until the School 12 District declared it surplus and required them to move out. 13 14 Since that time, the property has served 15 as the Clayton Family Center for two years during their 16 renovations. It was then the Wilson School for a year 17 after their fire, and then it was used by the City of 18 Clayton for athletic fields during the Wydown 19 renovations, the Shaw Park Field renovations. 20 It served as a community garden for seven 21 summers, a neighborhood park for ninety years, the 22 original Clayton dog park, where Ben came up with his 23 idea for a permanent park was conceived, Mr. Anderson, 24 I know, has generously named, and recently, we all 25 know, was used for several months, just five months ago Concannon & Jaeger St. Louis, Missouri (314) 421-1000

73 1 as a headquarters for the local state and federal law 2 enforcement authorities during the crisis in Ferguson 3 and throughout our region. 4 This is a much needed and much used piece 5 of land. It's not an abandoned, vacant, or blighted lot 6 in need of rezoning or reclassification. For more than 7 thirty years, this historic piece of property has been 8 of great ~oncern to the Hanley Place neighborhood and 9 10 beyond. Over the past eight years, numerous 11 residents have met with the Board of Aldermen, the 12 Board of Education, to stress the need for this green 13 space. 14 While the City's zoning ordinances and 15 Master Plan are very clear on the future of this 16 property, we're now at a point that could not be 17 further from the City's long-standing documented plans. 18 That's why we're here tonight, to oppose 19 this plan. We're all pro-development, but it must be 20 done in the right place. Wheri someone moves into a 21 neighborhood, they look around and see what the area 22 looks like. 23 Many also review the current zoning 24 ordinants, to see the way the things are today and that 25 they'll stay in the near future. If they know enough, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

74 1 they'll go a step further. They'll use a land use map 2 to tell them how a community as a whole anticipates 3 this area will develop in the long-term. 4 That's exactly why land use plans are in 5 place for decades, not just a couple of years. Land use 6 plans give us the guide to the future. The City stated 7 land use plan, which Mr. Ward referred to, for this 8 property goes back to 1958. 9 And through numerous updates in 1975, 10 1989, the 2010 Downtown Master Plan, See the Future 11 recommendations, gathering citizens to talk about this 12 and it states in that Master Plan that's been approved 13 and reapproved, that I quote: "Single family use will 14 remain the most dominant category of land use." 15 They go further in the plan to outline 16 where high density will go in this specific area and 17 18 19 they state: Forsyth." "That will be east of Hanley and south of Unless we are misunderstanding these 20 plans, that are in place, these must be the rules that 21 22 23 24 25 guide your decisions. According to law, it's the Master Plan that takes precedence, then the zoning ordinances and finally subdivision rules and neighborhood compatibility, that will and should guide your decision. This plan fails on each of those Concannon & Jaeger St. Louis, Missouri (314) 421-1000

75 1 counts. We are now at the point where this decision 2 represents a much bigger issue and that's how this will 3 translate for other neighborhoods. 4 Your decision on this land will set a 5 precedent .. It could lead to other school playgrounds 6 becoming developed into condos or apartments at 7 Meramec, Glenridge, Gay Fields, Captain, if the 8 district should need additional funds. 9 It could lead to residents of Polo and 10 Wydown Terrace asking for condos on their common green 11 12 13 14 15 16 17 18 19 20 21 space, if they needed additional money. It's a very slippery slope and we ask you to decide on this with great caution for the future. Thus, we ask you to oppose this rezoning. Thank you. THE CHAIRMAN: Thank you. MS. LOVE: Good evening. My name is Catherine Love and I live at 7605 Maryland Avenue. George and I bought our house over 20 years ago, when we were married and we have since undertaken three big projects to improve our house, to accommodate the family. 22 Before each of these projects, we asked 23 ourselves, should we just move? And every time, we 24 have chosen to stay. .Why? Because Hanley Place is a 25 terrific neighborhood. It's a quiet neighborhood of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

76 1 single family homes, with canopy trees and front yards 2 3 4 5 6 7 8 9 10 11 where children play. This neighborhood is not a transition zone. The first point I want to make is that the current R-2 zoning in the Clayton Downtown Master Plan matched the topography. This neighborhood has two natural buffers. To the west, we have Hanley Road and to the south, the hill slopes down to Forsyth. The current zoning in the Master Plan both work perfectly well with this topography. If you look at the map, which I will 12 distribute to you all, it shows that the Master Plan 13 clearly contemplated looking down to Forsyth, down the 14 hill to a transition zone. 15 16 17 The Maryland School property by contrast is right in the middle of the neighborhood. It i_s not a transition zone. The zoning on all four sides of 18 this building is currently R-2. 19 And this factual background of the current 20 zoning and its logic in the topography of the 21 neighborhood brings me to a legal point. I believe 22 that you can't even consider whether there is any merit 23 to the PUD proposal or to the architecture without 24 25 considering the change in the zoning. This is a separate and preliminary matter. I feel like the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

77 1 developer's proposal glosses over this point but it is 2 critical. Their criteria for reviewing a change to 3 zoning are different than their criteria for reviewing 4 and evaluating a PUD or architectural standards. 5 Key factors that municipalities and courts 6 look to, when presented with a rezoning request 7 8 inc.l ude: zoning. 1) Is the property adapted to its existing I think yes. 2) Is the proposed zoning 9 compatible with the predominant surrounding uses? No. 10 3) Is the proposed zoning in conformance with the local 11 government's Master Plan? No. 12 And note that potential tax revenue, 13 public or special features, those are not part of the 14 15 16 evaluation. I hope that this Board will not spot zone the Maryland School property to higher density. Like the other speakers have suggested, I 17 think this is not only an issue for our neighborhood 18 but this is an issue for all of Clayton and I would 19 like to submit this map and my remarks for the public 20 21 record. THE CHAIRMAN: Thank you. Jeff, if you 22 put it over on this side, we can project it. 23 24 you. MR. MORRISSEY: Okay. All right. Thank Thank you, Steve. My name is Jeff Morrissey. I 25 live at 7611 Maryland Avenue, six houses to the west of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 the site that neighborhood. we are talking about tonight. This A neighborhood of well maintained, 78 is a single family houses on individual lots. Some of which 4 have been in families for generations. 5 People mowing grass, walking their dogs, 6 saying hi to friends, playing catch, kicking a soccer 7 ball. This time of year, you can even smell the 8 barbecue. 9 What's really interesting is. that this 10 developer's biggest asset is us. The comfortable 11 neighborhood of houses that they want to be part of. 12 Otherwise, they would be targeting elsewhere, like 13 other areas of Clayton, that are already properly zoned 14 15 16 17 18 19 20 21 22 for this sort of development. Yet this team apparently can't fathom how they are destroying the essence of that major asset, the neighborhood, with this project. So many of us are here tonight, because we are concerned about decisions that could potentially result in irreparable harm. The project as proposed, simply doesn't belong here. The School District has placed an unreasonable value on this site. They are trying, 23 literally, to auction it off to the highest bidder with 24 no concern for the results of that process. That's the 25 City's concern, not ours, they say and that's almost a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 79 direct quote. So up zone it to higher density, maybe mid rise or high rise condos. Why not a Walgreen's, maybe a gas station? The mythical highest and best use that we hear about so often. Theirs is only a fiduciary responsibility, they say. This is from the people that we have entrusted to take care of and teach our children. The only way to change the School District's misguided perception of value is for the City to confirm what truly can and cannot be built here. We are here to ask this Planning Commission to do its job and begin to send that message. In an earlier version of the plan, as we have heard tonight, there were 45 units. Now there are 35. This is being presented as a positive, as compromise on this group's part. Maryland School's 17 speed limit -- Maryland Avenue's speed limit is 25 18 miles an hour. 19 If someone tried to drive 90 miles an hour 20 down it, they would be severely fined and they can't 21 come back a few months later and argue that it's okay 22 now, because they have slowed down to only 70. 23 24 25 At that point, hopefully, the police would take away their license. Going from ridiculous to merely awful is not a rationale for acceptance. As you Concannon & Jaeger St. Louis, Missouri (314) 421-1000

( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 have heard from others here tonight, approximately 12 single family houses could fit on this site, 16 would be really stretching it to the limits of applicable ordinances. And this does not address this neighborhood's very real need for open space. By the way, the answer to that park land is not Hanley House. That is a culturally sensitive, very important historic site, not a park. Many, in fact, almost all of the elements of this multi family housing proposal are blatantly foreign to our neighborhood as we have illustrated on some drawings here and as I will hand out to you after I am done. We are talking about forced, overcrowded density. This is a proposal about site yield. These buildings feel as if they could have landed anywhere. They don't relate to the site condition. I have highlighted on here in yellow, on their existing drawings and you can see the difference between the mass of the building that is shown arid all of the blue squares, which are all low facing, single family houses. Massive cojoined apartment building blocks dwarfing their neighborhoods and dominating the area. See the largest seven unit westernmost building Concannon & Jaeger St. Louis, Missouri (314) 421-1000

81 1 inexplicably sitting north-south on the site, 2 perpendicular to Maryland Avenue. It conceptually and 3 physically ignores the existing housing next to it. 4 This plan also proposes an odd internal 5 street. It has nothing to do. with the existing street 6 grid. We all know that its only purpose is. to create 7 more street frontage, for more units. 8 On this fabricated drive, we see trivial 9 reuse of minimal elements of the school building on a 10 tiny interior plot. It's sad and unfortunate to treat 11 the legacy of this incredible architecture this way. 12 This packed in planning results in a small 13 in small atypical and extremely tight setbacks and 14 yards and by the way, I am talking about setbacks now, 15 measured from the property line from the 16 right-of-way to the face of the house, not from the 17 18 19 20 21 street curb, as you heard earlier. technically a setback. It's not On my street, Maryland Avenue houses' setbacks average approximately 50 feet. It feels like this. Even the projecting wings of the existing school 22 building, a large institutional building maintain this 23 line but this development only proposes a 17 foot 24 building line, a third of that amount on Maryland 25 Avenue and that's the street I'm talking about, the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

82 street I live on. In the process of this dense 1 2 development, mature trees are obliterated. Seven large 3 trunked, high headed beautiful ones in the front yard 4 of the school alone and are supposedly replaced by a 5 math calculation of overcrowded small plant materials. 6 The project's layout in its understated 7 -- unstated but very clear program of trying to pack as 8 many cubic feet of development as possible onto the 9 site, leads to confusing building orientations. 10 I looked through the plans and in the 11 current revised set, on Sheet L3.0, I see a section 12 that shows that there's a back of a house to Maryland 13 Avenue. 14 This was mentioned already tonight by the 15 developers inexplicably, maybe as a positive. I'm not 16 sure but they have now turned the back of those 17 buildings to Maryland Avenue~ with a high street wall 18 encroaching well into the proposed building setback 19 line. 20 This will feel like a fortress and it 21 compares to our current residentially scaled front 22 23 yards to this design's massing. This development sits aloof to the sidewalk and the street below. Keep in 24 mind that photograph that I just had up and now look at 25 a superimposition of the approximate massing of the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

83 1 buildings on Maryland to that very same view. The 2 result of this poor planning, of this development would 3 drastically alter the look and feel of our area and 4 specifically, the streetscape of Maryland Avenue in a 5 way completely foreign to the rest of the block and the 6 whole neighborhood. 7 I appreciate the planning and design 8 charge of this Board, that at the end of the day, we 9 all know that this is primarily about money. Not the 10 supposed tax increases that are dangled in front of the 11 City but private profit. This is not a well thought through, considerate site plan. It's simply the physical 12 13 14 manifestation of a pro forma spreadsheet. Financial 15 interests should not and cannot be the basis for 16 rezoning. 17 As you have heard tonight from others, 18 this is a very dangerous precedent, not just in our 19 neighborhood but anywhere in Clayton. 20 Can anyone then take an individual house 21 site, in the middle of a single family neighborhood and 22 jam three or four attached townhomes onto it? 23 That is ridiculous and something that this 24 Board would surely dismiss out of hand but it is 25 precisely what is being discussed here tonight. I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

84 1 would ask that you please just use common sense, reject 2 this proposal, so that we can all move on, to focus our 3 energies on more appropriate use of this important 4 site. Thanks. Thank you all very much for your time 5 tonight and I brought copies of my comments and I would 6 like those to be entered into the record, if they 7 could. 8 9 10 11 Kathy. THE CHAIRMAN: If you would hand them to MR. MORRISSEY: Thank you. THE CHAIRMAN: Thank you. We are going to 12 take one more speaker at this point and then have a ten 13 minute break and then we will continue. 14 15 MS. MURPHY: Julie R. Murfree Murphy. Good evening. My name is I'd like to make the 16 distinction that there is another Julie Murphy in the 17 room. 18 19 rise now. If there's any more Julie Murphys, please The Julie Murphy ~lub but I am the Julie 20 Murphy who lives at 8109 Stratford Drive in Clayton 21 22 23 Gardens. My husband and I have been residents there and homeowners there for ten plus years. I came here 24 tonight, not because I have a direct, vested interest 25 in what is decided about the Maryland School property Concannon & Jaeger St. Louis, Missouri (314) 421-1000

85 1 and the proposal for the townhomes there but because I 2 am a long time resident of Clayton and I would like to 3 express my opinion about the issue of rezoning, as it 4 relates to all of us who are homeowners in Clayton. 5 In my view, a City's commitment to 6 preserving the look and feel 6f a neighborhood where 7 its residents live, own homes and pay taxes year after 8 year, year in and year out, ought to be a top priority. 9 Given that, I am puzzled and disappointed 10 to see that the City of Clayton is considering a 11 residential development that changes the zoning from 12 single family residential housing to a multi-unit 13 attached townhome development. 14 This in no way means that I am opposed to 15 condominiums, townhomes or other multi-unit 16 developments in the vicinity of single family R-2 zoned 17 homes. 18 Indeed, I have lived near the corner of 19 Stratford Drive and North Brentwood, which is a stone's 20 throw from The Commons Condominiums and many other 21 multi-unit residential buildings that span the stretch 22 of North Brentwood, from Stratford, my street and 23 southward to Maryland Avenue, at the edge of downtown 24 Clayton. Admittedly, my husband and I never have given 25 a thought -- have never thought twice about these Concannon & Jaeger St. Louis, Missouri (314) 421-1000

86 1 multi-unit buildings. However, one reason that we are 2 not bothered by the condominiums, again within a 3 stone's throw of our home, is that those multi-unit 4 buildings were already there when we moved in. 5 It was part of the deal, so to speak, when 6 we purchased our home and was not a change that sprung 7 upon us months or years after we made our investment. 8 Secondly, we leave peaceably with these 9 condominiums and their owners because there is a 10 significant buffer between our homes and those units. 11 That buffer, as most of you know, is North Brentwood 12 Boulevard, a boulevard in the classic sense. 13 An extra wide roadway with a median in the 14 middle. In this case, it has a spacious grassy, tree 15 lined -- it is spacious, grassy and tree lined, making 16 an excellent buffer between the two types of housing. 17 Furthermore, the stretch of condominiums 18 along North Brentwood runs not parallel but 19 perpendicular to Clayton Gardens' streets, lined with 20 single family homes. 21 If you walk through this section of 22 Clayton Gardens, there is, I believe, a very clear 23 distinction between the two zones of housing, R-2 and 24 R-4 and I believe the City Planners of the time had a 25 keen understanding of the beauty of this urban design Concannon & Jaeger St. Louis, Missouri (314) 421-1000

87 1 for both its aesthetics and its consideration of 2 potential issues, such as traffic, noise and so on. 3 Those issues that go along with meshing single family 4 homes with multi-family buildings. 5 As for the proposed development at the 6 Maryland School property, unless I have missed 7 something, it does not appear to have the same 8 sensitivity to the owners of single family homes that I 9 enjoy in my neighborhood. 10 There is no buff er like that of North 11 Brentwood Boulevard and there would be -- no longer be 12 a clear separation between single family homes and the 13 multi-family homes. 14 The Maryland School Townhomes would 15 literally be tacked onto the streets with single family 16 17 homes. In closing, Clayton Gardens, as I would like to point out that a whole, where I live, is 18 undergoing tremendous change. 19 As most of you know, many teardowns have 20 been replaced by significantly larger single family 21 homes. The look and feel of the neighborhood that I 22 moved into ten years ago is slowly changing. 23 I don't always like it but I accept it. 24 However, I know that I could not support a 35 unit 25 townhome going in across the street or down the street Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 88 from my home. Moreover, I don't think we should expect homeowners on Westmoreland, Maryland and the vicinity to support such a development either. With all due 4 respect to the developers of the Maryland School 5 Townhomes, I urge all of you to pass on this current 6 7 proposal. Thank you. THE CHAIRMAN: Thank you. We will resume 8 in ten minutes. 9 (Thereupon, a brief recess was taken.) 10 11 THE CHAIRMAN: We thank everyone for their patience and for coming back and settling down. We 12 were entertaining any other public comments at this 13 point. 14 15 the staff. MR. MILLER: Good evening, Commission and My name is Butch Miller. I am attorney at 16 Lathrop and Gage here in Clayton and I am here tonight 17 on behalf of Good Vibes School, which is at 7530 18 Maryland, right at the corner of Maryland and Lee. 19 The school has been there since 2007, 20 operating as a preschool, so lots of three, four and 21 five year old kids are there learning, playing, being 22 dropped off, picked up and things like that. 23 24 safety. So our concerns are just really focused on As I understand it, the traffic study 25 suggested that the -- recommended that the speed limit Concannon & Jaeger St. Louis, Missouri (314) 421-1000

89 1 be increased from 20 miles an hour to 25 miles an hour, 2 because of the school no longer being there and I think 3 maybe the traffic engineer wasn't aware that there is, 4 in fact, a school still being operated on that street. 5 So we would like to leave the -- have the speed limit 6 remain the same. 7 Similarly, I think there was some 8 recommendation that the school related traffic signage, 9 the slow down type of signs be removed. Again, since 10 the school was no longer in operation but we would, 11 again, request that that type of appropriate signage be 12 -- remain in place. 13 14 15 16 17 Lastly, we are concerned about, again, safety. We would like to see Maryland remain a one way street because that's the way it has been operating and as we understand it, there's not a lot of traffic being generated from these homes, so we think that they could 18 all use School Lane, to get in and out of the site, 19 without needing to make Maryland a two way street. 20 Those are our concerns. 21 THE CHAIRMAN: Do you have any comments on 22 the recent -- R-2 to R-4? 23 24 25 MR. MILLER: No. Not at this time. THE CHAIRMAN: Thank you. MR. MILLER: Thank you. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

90 1 2 3 4 MS. MCANDREW: Good evening. My name is Bridget McAndrew and I live at 7615 Westmoreland. recently ran for a seat on the Clayton Board of I Aldermen. The Maryland School issue is the reason I 5 first started going to Board of Aldermen and School 6 District meetings. 7 When there is a development proposed on 8 the street from your house, you get involved. 9 Throughout my campaign, I talked to citizens all over 10 Clayton. 11 I can't tell you how many people wanted to 12 know what the status of the property was and certainly 13 expressed concern over losing the school, the green 14 space and were surprised and angered by the potential 15 zoning change. 16 Of course, this affects the streets around 17 the Maryland School more than any other part of 18 Clayton. You are changing the character of our 19 neighborhood. 20 However, we live in a progressive, 21 educated community that understands the implications of 22 this zoning change. I hope you all understand it too. 23 I was proud to learn from other aldermen, from our 24 mayor, from our City manager that Clayton is at the 25 forefront of environmental projects, of making our Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 91 streets safer for disabled persons. As a city, we take chances on new ideas and new projects but make no mistake. Making this zoning change is a step backward. It's a step that cities make, who do not value the sanctity of their neighborhoods and their Master Plans. I said this at the candidate forum back in April and I will say it again. Do we want to be known as a city that spots spot zones? Because that is 9 what this is. 10 11 12 13 14 15 16 17 18 regulations. A city that does not follow their zoning No. Because that is not the city that Clayton strives to be: Progressive, focused on the future, dedicated to its residents. Continue to embody this focus, the one that gives Clayton its wonderful reputation and vote no. Thank you very much. MR. BLISS: Good evening. My name is Rick Bliss. I live at 7515 Westmoreland. The Bliss family has lived there since 1937. Previously, I asked Kathy 19 to distribute some comments to each one of you. 20 I trust that you got them. I will give 21 Kathy another copy, for entry into the public record. 22 A lot of points that I have made and that I was going 23 to make tonight have already been made at the -- I will 24 not regurgitate them but the one area that everyone has 25 talked about is the potential benefits of development Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 92 and new vibrancy for the downtown area, things like that. I think that the City can do a big favor to itself as well as to the School District, if they find a way to keep this school building intact for the next 5 three or four or five years, when it be6omes evident 6 that a new elementary school is going to be needed. 7 You have got in the works right now ~he 8 project that was called The Crossing, Opus Development, 9 Vanguard, maybe even the Montgomery Tower. When they 10 are all said and done, that's almost 1,000 units of new 11 12 13 14 15 16 17 18 19 20 21 residents. If you want to assume ten percent, maybe fifteen percent have just one student living there, because a lot of people will do a lot of different things to move into the Clayton School District. If you have a hundred and fifty new students, four or five years from now, there's no place for them to go currently. total capacity. Our schools are almost at I think you would be doing the School District a favor. I think you would be honoring the 22 zoning and the _planning that this community has been 23 promised and has been communicated to them, by turning 24 down this rezoning project tonight. Thank you. 25 THE CHAIRMAN: Are there any other public Concannon & Jaeger St. Louis, Missouri (314) 421-1000

93 1 comments? 2 3 MR. LANG: My name is Carl Lang. I live at 8400 University Drive. I understand that people are 4 reluctant to change and they're frightened of the 5 change but I built a wonderful house at -- on 6 University Drive. 7 Around the corner are eight or ten 8 townhomes on the west side of Gay and another four 9 townhomes on the east side of Gay. There's a duplex 10 11 12 13 next to me. addition. I think the townhomes would be a great It's transition. It will give more variety of the housing in Clayton, for people to get in 14 at a different price point than some of the other homes 15 that are being built in the Clayton Gardens and I would 16 17 18 19 strongly urge you to support it. Thank you. THE CHAIRMAN: Thank you. MR. OATS: Good evening. My name is Jack Oats. I live at 103 Linden Avenue. I have lived in 20 Clayton at the east end, on the 6300 block of Alamo and 21 have lived at this address for approximately 16, 17 22 years. 23 I think the point is being missed and I 24 mimic what that gentleman just said. We have mixed use 25 everywhere in Clayton. We might be one block off but Concannon & Jaeger St. Louis, Missouri (314) 421-1000

94 1 then you go to the next block and you have apartments, 2 you have duplexes, you have condominiums. I don't see, 3 if we are going to grow as a city, that change is 4 constant. If that should remain in the school's hand, 5 with a building leveled, is it a park for the citizens 6 who live around there? 7 Is it school property, that shouldn't be 8 entered? I think we are missing the opportunity. This 9 plan, I will speak to only in the sense that I think 10 something should be there. 11 If homes -- is that -- is where some 12 people want to go, the numbers don't work, we can't 13 talk finances, it's been spoken in different terms by 14 15 16 17 18 19 20 21 22 23 24 everybody. Clayton. It's a matter of people wanting to live in It doesn't take an elephant to listen to what's being said. to be in Clayton. I, meaning someone else, would love If they are 20 to 30 to 40, they want their kids in the school district. This development would not put kids in a school district. What the gentleman spoke to, about the new 1,000 units, they haven't even gotten off the ground. We can't even speak to that. So I would 25 say on the basis of what is wanting to be built there Concannon & Jaeger St. Louis, Missouri (314) 421-1000

95 1 changes the neighborhood only in the sense that you can 2 go four blocks and find out that that neighborhood will 3 look like the one four blocks away. The gentleman 4 mentioned Gay. How about Central? How about Meramec? 5 You have 70 to 80 to 90 year old homes on Meramec with 6 20 year old condominiums across the street from them, 7 the same for Central. 8 So I think change hurts nobody. From the 9 standpoint of the land being available, best use, 10 that's what we are here for or that's what the City is. 11 12 13 14 15 16 17 I haven't heard anybody from the School District represent why they want top dollars, as I think the lady had spoken to before. THE CHAIRMAN: MR. WAGNER: Thank you for your time. Thank you. Hi, excuse me, hi. is Joe Wagner. I live at 7390 Westmoreland. My name I just have two quick points. One, I lived there for about 18 twelve years. 19 I am kind of a numbers freak, so when we 20 moved in and since then, I have paid attention to homes 21 going up for sales and what lots, especially teardowns, 22 go for A. 23 It seems to me that 36 homes or 35 homes 24 is just an incredible money grab. I mean, even at 12 25 homes, it would be consistent with what homes have sold Concannon & Jaeger St. Louis, Missouri (314) 421-1000

96 1 for as vacant lots and it would be fine, sticking with 2 the R-2 designation, it just -- so on that point, it 3 4 5 seems like a money grab. The other one is more of a philosophical point. I grew up in Richmond Heights and like I said, I have lived here for about twelve years 6 and when I look at Richmond Heights, I see a city that 7 has really sold its soul. 8 It has put development first, money to 9 interest first, growth at all costs first and it's 10 really a city that's, like I said, it's somewhat lost 11 its soul. My parents still live there. 12 I'm over there all of the time and I'm .not 13 -- it's not that I'm ashamed of it but it's not 14 something to be proud of, when you do things like this. 15 So when you have a neighborhood that has a lot of 16 heart, has a lot of character, has a good vibe. 17 18 Vibes. It has a nice preschool there, called Cool It's difficult to see folks in a position of 19 power, wanting to put developers first, wanting to put 20 monied interest first, just to chase the almighty 21 dollar when you have residents there that are really, 22 really happy right now. 23 So I would encourage you to vote against 24 25 this and keep it R-2. Let the School District do what they want. Let the developer do what they want, within Concannon & Jaeger St. Louis, Missouri (314) 421-1000

97 1 that current zoning. They can make a fine return and I 2 think it is fine the way that it is. Thank you. 3 THE CHAIRMAN: Thank you. Any other public comments? If not, one final one. Two. MR. TOWSIG: So my name is Fred Towsig. I live at 7608 Maryland Avenue. I don't have a lot to 4 5 6 7 8 9 say but I do want everyone to see this image, because what it shows is where Maryland School is and it shows everything yellow zoned R-2. 10 11 12 What is interesting is everything surrounding the school is yellow and everything surrounding the school is single family residences. 13 I think almost everyone in this chamber is for 14 development in Clayton. 15 I think where the developers are off is 16 they just picked the wrong spot and to me, this is an R-2 area and it's very clear. You just look at the picture. Thank you. So 17 18 19 MR. WINKELMAN: My name is Hank Winkelman. 20 I live at 7405 Maryland Avenue and in the 21 considerations, particularly by the staff but by all bf 22 you, I think there's this issue of planning, we are in 23 24 a planning forum right now. Planning needs to include open space. 25 live in the most beautiful, handsome community that Concannon & Jaeger St. Louis, Missouri (314) 421-1000 We

98 values open space. We have schools that were located 1 2 3 in the neighborhoods, that became the open space focus for those neighborhoods. They became their playgrounds 4 and they became their civic identity and in our 5 neighborhood, we were very fortunate to have a school 6 and its playground and thankful that it's been 7 maintained very nicely. 8 The consideration of parks and open space 9 needs to be integrated into the planning, so that as we 10 move forward, we have an understanding of how this 11 sensibility for the beautiful tapestry of open spaces 12 continues to be developed and respected in our work. 13 14 Thank you. THE CHAIRMAN: I believe we are finished 15 with the public comments and we will go back to the 16 applicant, if you would like to respond or have any 1 7 further comments. 18 19 MR. BERGER: Mr. Chairman, Fred Berger here again tonight. Again, thank you for your time. I 20 wanted to just address some of the comments that I have 21 heard tonight. 22 23 24 One of the comments that I heard, that this is spot zoning. This is not spot zoning. Spot zoning is we go from one use to a different use. From 25 a residential to a commercial use, something like that. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 99 That's the way the cases are in Missouri. This is going from a single family use to a single family use. That's not spot zoning. I have a memorandum I would like to submit as part of the record on this point. Maryland School Townhomes Exhibit 5. There is nothing illegal about this zoning that we have requested. I have also heard tonight 8 about, comments that this conflicts with the Master 9 Plan. It does not conflict with the Master Plan. 10 I am going to approach the clerk one more 11 time with another exhibit to introduce, with respect to 12 why it's not in violation of the Master Plan and why it 13 actually does comply with the Master Plan. Maryland 14 School Townhomes Exhibit 6. 15 I would also like to clarify an exchange I 16 17 18 19 20 21 had with the City attorney, Kevin O'Keefe. I mentioned, with respect to text amendments that the applicant accepts the staff's recommendations. Mr. O'Keefe asked whether or not I would be drafting an ordinance and I said I would. I am going to draft an ordinance, submit it to the staff, 22 knowing that they will redline it and mark it up and we 23 will have some discussions. 24 Eventually we will come to a conclusion on 25 it but it's a drafting process but there's no games Concannon & Jaeger St. Louis, Missouri (314) 421-1000

100 1 here. We accept it. We accept the suggested changes. 2 There was also a discussion earlier, with respect to 3 the public benefit and whether the conversation by Mr. 4 Anderson was appropriate for the Commission to 5 consider. 6 I am not about to tell you all what is 7 appropriate for you to consider or not but I will say, 8 is that part of the ordinance requirements is for us to 9 determine and set forth what we believe are the public 10 benefits from this rezoning than this use. 11 The public benefits that we have set forth 12 are: Increased real estate tax revenues from the 13 townhomes, increased retail sales and increased 14 property values. 15 These are public benefits, so without 16 getting into discussions and analysis of the Clayton 17 School District's financial condition, which I am not 18 but there are economic benefits that are dollar and 19 cents, that make a positive benefit to the City of 20 Clayton, with respect to this project. 21 22 record. I want to make sure that is taken, for the I also want to set forth that as, you know, as 23 I listen to the comments from the supporters tonight, 24 what I hear are number one, it's against the Master 25 Plan. Well, the Master Plan is just a guide. It says Concannon & Jaeger St. Louis, Missouri (314) 421-1000

101 1 it is a guide. And it is time to maybe, someday, 2 consider what to do with it again but until then, we 3 have the Master Plan. We respect it and people 4 accomplish what they try to do with respect to land 5 development by coming before you and asking for a change. Until you come up with a new Master Plan, that's what's going to happen. That's what we are 6 7 8 9 doing. But it does comply with the Master Plan. We 10 had Richard Ward here, who's been involved with the 11 City of Clayton, with respect to their own downtown 12 plan and he set forth and told you it complies with the 13 Master Plan and the Master Plan is just that, nothing 14 but a guide. 15 And I understand people don't like change 16 but what we've heard from Richard Ward tonight and what 17 you have in the materials from Professor Manaker 18 (phonetic), Dan Manaker, who has had an accident and is 19 in a nursing home right now with a bad back, broken 20 back. 21 22 23 24 He's the foremost expert in the country in Planned Unit Developments. They are about change. They are about infill development. They are about recycling land use. There's numerous articles written 25 on this, with the city in a ring, you have a life of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

102 1 40, 50 years and property gets recycled to a different 2 use. This is exactly what happens in our society. 3 4 5 6 Land use gets recycled. This is what we are talking about. We're talking a school that has been closed since 1980. It's been vacant. Nothing been going on 7 with it. The school's not in the greatest condition. 8 Something needs to happen to it. It's to no public 9 benefit to have it sit here, being vacant, in a place 10 where people can get hurt. 11 It's not a good situation as it is and so 12 what we're trying to do is change that in a positive 13 14 15 16 17 way. I heard another comment tonight about open space. The City of Clayton ha? a lot of open space. You have got a huge park system. I read through the Master Plan like ten times. You have got a ton of parks, that service the whole community and by 18 the way, if the City of Clayton wanted to purchase this 19 property for a park, that's fine, go do it. 20 That's great but they haven't done it and 21 I don't -- I can't speak for them but they haven't done 22 23 24 25 it. So there is open space. This is a good project. We're recycling property for a better use and it makes a lot of sense and thank you for your time tonight. There may be some others, from the group, who Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 may want to make a comment or two. your time, very much. 103 Thank you again for THE CHAIRMAN: Thank you. MR. SCHIFFER: I have very few comments 5 but I must say, I take umbrage with the comments of Ms. 6 Block, in which she was accusatory, that we, in 7 advance, planned on reducing the units, over time. 8 9 10 11 12 13 14 That's just not true. We laid out the project as best we could, with good architects and engineers and subsequently, we listened to the staff and we listened to the residents and came to the best conclusion we can -- could on the location of the units on the property. The second thing was someone said that 15 this was sprung on them, that overnight but we all 16 know that this has been going on for 18 months or a lot 17 18 longer. There has been nothing sprung on anyone. Everybody has known about this and based on the 19 responses from the residents and all, they have 20 certainly known about it and prepared for it. 21 As far as the Maryland Avenue mountain 22 that was shown on the drawing, that faces a parking 23 lot, incidentally, of the old Famous Barr parking lot. 24 It faces no units and as far as the folks that live to 25 the west, they live on a cul-de-sac. They don't even Concannon & Jaeger St. Louis, Missouri (314) 421-1000

104 1 drive by this property. So I think it should be taken 2 into consideration, that this property along Maryland 3 Avenue is a lot different than walking or driving, I 4 should say, down the road. 5 And finally, just having been around 6 Clayton for a long, long time if we didn't have an 7 attitude in which change we embraced, there wouldn't be 8 very many commercial or multi-family or anything in 9 Clayton because 90 percent of it, including almost of 10 downtown area and I know over on Bonhomme and Central, 11 to the south were all single family homes. 12 13 14 15 I've been around. I know and so change needs to be embraces and this is one place to embrace it. Thank you. THE CHAIRMAN: Thank you. All finished? 16 We will close the public hearing now and Commission 17 18 19 20 members, we can have comments, questions. to engage the applicant, that will work. like to start? If we need Who would MR. KORN: Could we get our screen back 21 up? 22 THE CHAIRMAN: Sure. Bruce, what did you 23 want showing up there? 24 25 MR. KORN: I would put the site plan. think that might be something to see. I'm not sure Concannon & Jaeger St. Louis, Missouri (314) 421-1000 I

105 1 what the questions are going to be but that gives an 2 overall view. 3 THE CHAIRMAN: Well, the topic at hand is 4 item Bl, rezoning from R-2 to R-4, from single family 5 dwelling to multiple family dwelling district. Is that 6 what you wanted up on the screen? 7 8 MR. KORN: That's fine. THE CHAIRMAN: Because we all have the 9 plot in front of us. 10 11 12 13 14 15 16 MR. LIBERMAN: I will make a few comments. It does happen to be in my neighborhood, so I know the area. I don't believe it to be a transition zone. I think the zoning is there for a reason. I am not convinced by Mr. Ward, who, you know, is obviously has one thing to say now and had other things to say in the past. I assume you have 17 been a long time supporter of zoning and that's what we 18 are talking about here. 19 20 21 On page 12, you have a paragraph 2.3 review of current and proposed zoning. Your review of the current zoning says it is R-2. There's no, you 22 know, if there's something wrong with it, then it 23 shouldn't be, so I don't understand that part of it. 24 25 I will just make a comment on thank you for your letters. I went through them. I will tell Concannon & Jaeger St. Louis, Missouri (314) 421-1000

106 1 you there are three letters from the -- how many 2 3 4 5 6 residents in our neighborhood? I mean just in general, thirty, forty houses, I don't know. So there are three letters, two of them f~om the same person. letters from other citizens of Clayton. Lots of There are a number of letters from people 7 from -- who don't live in the City of Clayton. 8 Somebody from Washington D.C., somebody from the City 9 10 11 of St. Louis. Here's one from 63115. relevant. Interesting but I don't think that's So as far as I am concerned, the zoning, 12 unless you provide a better, you know, why -- a very 13 strong economic case, unless you can provide a case for 14 the zoning not working, I don't understand the change 15 to this zoning. 16 17 nice. Now, I do, I do feel that the product is There happens to be a wonderful site, half a 18 block down from where you are proposing that would be a 19 20 21 22 23 perfect site for it. I think it's already zoned R-4. I don't know that anybody would object to that. are my comments. Those THE CHAIRMAN: Thank you. Other comments? MR. WININGS: Are we discussing now item, 24 just item one? 25 THE CHAIRMAN: Bl, yes and that's as far Concannon & Jaeger St. Louis, Missouri (314) 421-1000

107 1 as we've gotten so far but we did hear the full 2 presentation that would go for all of the items on the 3 4 agenda. Do you have further -- MR. WININGS: My comment really goes more 5 to item three, which is the PUD, you know, proposed PUD 6 itself and I'm I don't support rezoning this 7 property to that, to R-4, because I don't support the 8 further, the next step, which would be to rezone it for 9 10 this PUD. It's really just because -- well, I agree 11 with a lot of the comments that were made today by some 12 of the residents and there are a number of reasons for 13 it but for me, the main reason is that it just doesn't 14 fit. 15 I mean, to me, this is a neighborhood of 16 single family, detached homes and this project would 17 go, what seems to me, right in the middle of it. It's 18 not -- I don't view it as being transitional either. 19 It's surrounded on three sides by detached 20 single family homes. If it was rezoned, it would be an 21 island of R-4 in a sea of R-2 and it would increase the 22 density, which -- the density on this site would be two 23 to three times higher than it is elsewhere in the 24 neighborhood. It would almost double the number of 25 homes in the neighborhood and I just fear that it has Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 108 the potential to overwhelm the neighborhood and become the dominant feature of the neighborhood. imagine people asking, where do you live? I can I live over 4 by the Maryland School Townhomes. 5 And I can't help but think that the other 6 neighborhoods in Clayton, including my own, as several 7 of the residents mentioned, I thought of this before 8 tonight too but I wouldn't want this in my neighborhood 9 either. 10 I think we have buffers. We have -- it is 11 zoned the way it is zoned for a reason and so I don't, 12 don't support the zoning steps that are being proposed 13 here. 14 15 16 right much. THE CHAIRMAN: Thank you. I will jump in now. I like the concept of this development very I think it could bring more opportunities to the 17 City of Clayton, with townhome developments that could 18 be seen for empty nesters or even for young families 19 that want to move into the area. 20 I also see that all five of the items 21 under part B are really intertwined, so even though we 22 are obligated to consider and vote on each one 23 individually, like Mr. Winings, I cannot separate it 24 from the others. So when I look at it, even though the 25 development itself is a good concept, I fear that the Concannon & Jaeger St. .Louis, Missouri (314) 421-1000

109 1 Planned Unit Development is faulty in this 2 neighborhood, because it doesn't fit into the context. 3 I, I see it still being intrusive to the neighborhood 4 in lieu of being supportive. 5 It has relatively little open space, 6 minimal buffer areas and because of that, if I back 7 down from the PUD to the R-4, to where we are right 8 now, to the R-2, I just cannot see going from R-2 to 9 R-4 at this point. Other comments? 10 MR. REIM: Mr. Chairman, I would agree. I 11 looked at this and thought if this were the school in 12 my neighborhood, I have a school right behind my house, 13 I would have assumed that that was going to stay and 14 remain open space. 15 I too live in a neighborhood that has 16 mixed uses nearby but you do make an assumption that 17 zoning will govern how those things will be used in 18 development for the future and I see it as a challenge, 19 to see how this moves from R-2 to R-4. 20 21 22 I don't dislike the product, as you mentioned. I think the buildings themselves are fairly well designed. I think they made a good effort but it 23 is hard for me to see how making this increase in 24 density is beneficial to the houses in the 25 neighborhood, from that perspective or how they would Concannon & Jaeger St. Louis, Missouri (314) 421-1000

110 1 have ever assumed that when they purchased those 2 houses, they would see something like this, sitting 3 where the school is at. 4 5 6 7 THE CHAIRMAN: Any other comments? staff have any further comment, at this point? Does Josh? MR. CORSON: I actually do view it as one of the transitional areas. Though it is located in the 8 neighborhood, near the parking garage, it's separated. 9 10 11 12 13 I think it's a great product and I like it. THE CHAIRMAN: Several of us like the product. MR. CORSON: Yeah but I do see it as a transitional THE CHAIRMAN: So where do you stand on 14 R-2 to R-4? 15 16 17 18 19 20 21 22 MR. CORSON: I'm in favor. THE CHAIRMAN: Okay. The applicant have any further comment to what you are hearing? MR. BERGER: Is it possible for a recess, five minute recess? AUDIENCE: No. THE CHAIRMAN: Yes. We can take a five minute recess. We will be back here by twenty five of 23 9:00. 24 MR. BERGER: Thank you very much. 25 (Thereupon, a brief recess was taken.) Concannon & Jaeger St. Louis, Missouri (314) 421-1000

111 1 2 3 4 5 6 THE CHAIRMAN: Okay. Thank you everyone. We are back and we were at the point of asking the applicant if they had any comments at this point. MR. BERGER: We do not. THE CHAIRMAN: No. Okay. Well, you have heard from four of the seven members on the Board, 7 where they probably stand at this point and we, of 8 co u rs e , 1 have a s ta ff recommendation that w a s to 9 recommend approval, subject to a condition and we could 10 go ahead and vote and that vote is certainly not 11 binding. 12 It is a vote that would be sent to the 13 Board of Aldermen, for their action and we have a 14 choice of approving, approving with the condition or 15 voting to deny the rezoning from R-2 to R-4. 16 Understood where we are? Any further comments from the 17 Commission? 18 19 process, MR. LIBERMAN: I always ask this. So the should we vote to deny and then it goes to the 20 Board of Aldermen? What's the process at that point? 21 THE CHAIRMAN: We have that -- we have the 22 choice of those three votes: Approve, approve with 23 conditions or deny and the applicant has not made a 24 request to table. 25 MR. LIBERMAN: No, I am saying, the next Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 112 step then. It does go to the Board of Aldermen -- THE CHAIRMAN: Yes. MR. LIBERMAN: -- and they either agree with us or disagree with us and move on. Is that -- THE CHAIRMAN: Yes. We have seen that before. Okay. No more comments? Staff? Okay. Do we 7 have a motion? 8 MR. LIBERMAN: I move to recommend denial 9 of the change from R-2 zoning to R-4 zoning to the 10 Board of Aldermen. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: Is there a second? MS. COHN: I second. THE CHAIRMAN: All in favor of the denial? MR. OWENS: Aye. THE CHAIRMAN: Aye. MR. WININGS: Aye. MR. LIBERMAN: Aye. MR. REIM: Aye. MS. COHN: Aye. THE CHAIRMAN: Opposed? MR. CORSON: Aye. THE CHAIRMAN: Kathy, did you get that? MS. SCOTT: Just Josh? THE CHAIRMAN: Yes. MS. SCOTT: Okay. Thank you. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 113 THE CHAIRMAN: Okay. MR. BERGER: Can we have a count on that or a show of hands or -- applicant. THE CHAIRMAN: Sure. Kathy, take a roll. MS. SCOTT: Chairman Steve Lichtenfeld? THE CHAIRMAN: Aye on the denial. MS. SCOTT: Craig Owens? MR. OWENS: Aye. MS. SCOTT: Mark Winings? MR. WININGS: Aye. MS. SCOTT: Jim Liberman? MR. LIBERMAN: Aye. MS. SCOTT: Ron Reim? MR. REIM: Aye. MS. SCOTT: Sally Cohn? MS. COHN: Aye. MS. SCOTT: Josh Corson? MR. CORSON: No. THE CHAIRMAN: Okay. Question to the Would you like to continue with any of the 21 other agenda items at this point? 22 23 24 25 MR. BERGER: Yes. We, we want to go all the way through. We want to go to the Board of Aldermen. We want to pursue the project. Again, it is staff supported. We want to go forward. Concannon & Jaeger St. Louis, Missouri

1 2 3 4 5 6 7 8 114 THE CHAIRMAN: Thank you. Then we will continue as far as we can go tonight, until approximately 9:00. We have our next item, which is B2, which is actually B2 and B3 together. MS. ISTENES: Correct. THE CHAIRMAN: Is that correct, Susan? MS. ISTENES: That's correct. THE CHAIRMAN: Okay. And that will be to 9 rezone from R-4 to Planned Unit Development District 10 and then the proposed Planned Unit Development itself. 11 12 13 14 15 MS. ISTENES: Correct. They are separated on the agenda and must be voted on separately but your report can use the analysis of both of those as -- THE CHAIRMAN: Yes. MS. ISTENES: -- you mentioned. Planned 16 Unit Developments are a distinct zoning district, 17 intended to provide for a means for the redevelopment 18 of an area, in a unified land development that will 19 improve the quality of the subject properties, have a 20 beneficial effect on the adjacent residential areas and 21 achieve the objectives outlined on page seven of your 22 staff report. 23 The table on page nine of your staff 24 report summarizes the applicable zoning requirements 25 and whether the proposed development complies with each Concannon & Jaeger St. Louis, Missouri (314) 421-1000

115 1 standard. The PUD process gives the Board of Aldermen 2 the authority to approve waivers from specific zoning 3 requirements in exchange for public benefits. Once 4 approved, the PUD becomes a specific zoning regulations 5 to be used in development of the property and on page 6 nine of your staff report, the development standards 7 and the waivers are summarized. 8, With respect to criteria for approval, the 9 Plan Commission shall recommend to the Board of 10 Aldermen approval, approval with conditions or denial 11 of the development plan. 12 In considering and acting upon development 13 plans, landscape plans and other applicable plans, the 14 Plan Commission shall take the following objectives 15 into consideration through the PUD process. 16 Those objectives are outlined on pages 10, 17 11, 12, 13, 14 and 15 and the analysis of the project 18 with respect to these objectives are outlined in your 19 report as well. 20 In conclusion, the subject property is 21 located on the eastern end of the single family block 22 in a transitional area between downtown and a 23 predominantly single family neighborhood. 24 The site is within walking distance of 25 downtown jobs, businesses and other attractions and Concannon & Jaeger St. Louis, Missouri (314) 421-1000

116 1 approximately three tenths of a mile to the Forsyth 2 Metrolink station. Landscape buffers are proposed 3 between adjacent properties, however, a fully developed 4 landscape plan must be submitted and reviewed to the 5 satisfaction of staff. 6 Storm water is adequately managed on site 7 and any increase in storm water runoff is being 8 mitigated. Conceptual approval from MSD has been 9 submitted. 10 The fire department has concerns that the 11 proposed intersection curb radii at School Lane and 12 Jackson Avenue will not provide adequate access for 13 f'iretrucks. 14 The intersection design should be revised 15 to provide access that is satisfactory to the fire 16 department. The Public Works department supports the 17 requested modifications to right-of-way width, 18 horizontal radius of centerline and tree lawn width and 19 is of the opinion that the proposed site circulation is 20 adequate. ' 21 The traffic impact study finds that due to 22 the minimal number of trips generated by the 23 development and the multiple access points proposed, 24 the development will have very little impact to the 25 adjacent roadway system. All approaches at the study Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 6 7 117 intersections are expected to continue to operate at highly desirable levels of services with the proposed development and there is no need for physical improvements to the existing road system. The project meets the minimum parking requirements and therefore a parking study was not required. Staff is of the opinion that the proposed 8 public benefits are acceptable, relative to the 9 requested zoning waivers and that the development is 10 consistent with the current zoning code requirements 11 for PUDs. 12 While not consistent with the 13 recommendations of the Future Land Use Plan, staff is 14 of the opinion that the project advances the Master 15 Plan by encouraging the reutilization of land, 16 permitting increased densities and providing quality 17 housing to meet housing needs. 18 Planning staff is of the opinion that with 19 certain revisions to the site and building design, the 20 proposed development could be compatible with the 21 adjacent neighborhoods in terms of land use, density 22 and design. 23 However, the modifications recommended by 24 staff may significantly alter the design and layout of 25 the project and its impact on surrounding properties. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

118 1 Therefore, they are too significant to be reviewed and 2 3 approved administratively. Staff's recommendation is as follows: As submitted, staff recommends denial of 4 the rezoning and Planned Unit Development of the 5 subject property to the Board of Aldermen. 6 If the applicant decides to request a 7 continuance of the rezoning and Planned Unit 8 Development applications for purposes of revision and 9 one is granted by the Board, staff recommends the 10 following changes and conditions and there is a page 11 12 13 and a half. I am not going to read them but they are in your staff report. THE CHAIRMAN: And the applicant does have 14 those recommendations; correct? 15 16 17 18 19 20 MR. BERGER: Yes. We do. THE CHAIRMAN: Thank you. Again, this lS a public hearing. We will open it at this point and invite the applicant. MR. BERGER: Mr. Chairman, thank you for the opportunity to address the Commission again. Out 21 of respect to everybody here, the Commission, for b~ing 22 here late at night, I am not going to go through the 23 entire presentation again. 24 25 It is already part of the record. submitted our presentation. We believe that the We have Concannon&Jaeger St. Louis, Missouri (314) 421-1000

119 1 project is -- we followed every step of the law that 2 you have in front of you, that we have in front of you. 3 We believe that it is a good project and I would 4 incorporate all of the presentation from the last 5 hearing into this hearing and I have all of my public 6 documents -- all of my documents, presentation as part 7 of the record and I just request that you reconsider 8 the votes that you cast. Consider it based upon the 9 merits of the project alone. Thank you very much. 10 THE CHAIRMAN: Thank you. 11 12 apologize. MR. BERGER: One ot_her thing. I We still plan to meet with the staff 13 opposed to continuing it, to work it out with the 14 staff. as 15 In light of the first vote, we are just 16 going to press forward, with trying to work everything 17 out with staff as much as possible. We think we can. 18 We think we can get on the same page and just go take 19 that route and that is what we are going to do. 20 THE CHAIRMAN: On the issues on the 21 Planned Unit Development? 22 MR. BERGER: Yes. The staff has -- what 23 Ms. Istenes said is that they have made several 24 recommendations, that if we are willing to accept them 25 and that -- in the staff memo, how they could support Concannon & Jaeger St. Louis, Missouri (314) 421-1000

120 1 the project and what I am saying is that almost all of 2 them are acceptable. There's a couple that we need to 3 understand a little bit more before we can make a final 4 decision, so that -- I believe that we are going to try 5 to come around to that point, where we can satisfy the 6 staff and get on the same page with the staff, so we 7 can go forward with their recommendations. 8 With that, then we would have their 9 recommendation, because that's what they said in the 10 report. That's what was said tonight and that's what 11 we plan to still do. 12 13 14 THE CHAIRMAN: MR. BERGER: THE CHAIRMAN: Okay. Thank you. Thank you. Since this is a public 15 hearing, we would like not to repeat comments that we 16 17 have heard before. The applicant has also graciously decided not to repeat his presentation. If there is 18 anything that has not been said, we can quickly hear 19 20 21 it. If not, we will go on. MR. PARKIN: Mr. Chairman, Scott Parkin (phonetic) City of Clayton, Westmoreland. May we take 22 it then, that the comments that were provided earlier 23 and the documents submitted for the record will also be 24 included in connection with this application? 25 THE CHAIRMAN: Yes. Concannon & Jaeger St. Louis, Missouri. (314) 421-1000

121 1 MR. PARKIN: Then nothing further. Thank 2 you. 3 THE CHAIRMAN: Thank you. 4 MR. ALLEN: ·My name is Vernon Allen. I 5 live in the house adjacent to the west of this proposed 6 development. 7 We have had many a discussions, Mr. Korn 8 and myself, relative to the development and our main 9 concern was that this project may be approved and if 10 it's approved, we are going to have a two to three 11 story building extending twenty three feet in front of 12 our property. 13 I would like you all to imagine if you 14 went out of your house and looked to the left and you 15 saw a two to three story building extending twenty 16 three feet closer to the street than you are and that's 17 18 19 20 21 22 23 24 25 my concern. Thank you. THE CHAIRMAN: Thank you. Okay. Thank you, everyone. Do you have any response to those? MR. BERGER: No. THE CHAIRMAN: Questions, comments on the Commission? MR. LIBERMAN: I know that some of our applicants have taken umbrage. I kind of take umbrage about the fact that we aren't interested in PUDs. I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

122 1 have been doing this for 9ver ten years and we have 2 done a number of PUDs. I don't know that any of them 3 have gone down in flames because of that and I know we 4 have approved some, so it is not the case that we are 5 anti-PUD, that I see. 6 7 THE CHAIRMAN: Other Commission comments? MS. COHN: So this would be where we would 8 see a landscape plan and talk about landscape at this 9 10 11 12 13 14 point; right? Development. THE CHAIRMAN: In the -- MS. COHN: In this Planned Unit THE CHAIRMAN: Yes. MS. COHN: We don't really have a 15 landscape -- we don't have a full lan~scape plan. 16 17 18 19 20 21 THE CHAIRMAN: MS. COHN: So THE CHAIRMAN: No. It could fit into either the PUD or the architectural review. MS. COHN: A landscape would be nice. MS. ISTENES: It's the PUD, I'm sorry to 22 interrupt. It is the PUD, yes. You are actually 23 considering the site plan as part of the PUD. That is, 24 for all intents and purposes, the Master Plan for the 25 site, so that is included in this PUD rezoning. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 THE CHAIRMAN: MS. ISTENES: plan, correct. THE CHAIRMAN: 123 Including the landscape? Including the landscape I stand corrected. Thank 5 you. 6 MS. COHN: So it is the R-2 process but 7 without having the full 8 9 10 11 MR. BERGER: There is a landscape plan. It's part of the records. MS. COHN: I thought that I had read that the landscape plan was not fully submitted. Provide a 12 detail land, demonstrate actual plants and design. 13 14 15 16 17 THE CHAIRMAN: In the -- MS. COHN: Provide a full plant list -- I was never able to see it. That's part of the staff recommendations under landscaping; right? MS. ISTENES: Some -- most of what was 18 submitted was conceptual, not the details, that we 19 normally require with site plans, so 20 21 22 MR. BERGER: We have we can and we will have a plan. When we go before the Board of Aldermen, we will have a plan. I understand as set forth, we 23 have a concept plan. 24 I saw the recommendations and sat down and 25 inspected a detailed plan and we have what we have Concannon & Jaeger St. Louis, Missouri (314) 421-1000

124 1 right now today. We plan to come forward with a 2 detailed plan but this is what we have. 3 THE CHAIRMAN: Kathy, did you get that? 4 5 6 7 8 MS. SCOTT: I did. THE CHAIRMAN: Thank you. Any other Commission comments? We do have a staff recommendation to deny the rezoning from R-4 to Planned Unit Development District and the Planned Unit Development 9 itself, as well as the potential for the applicant to 10 continue and discuss with the staff, which they have 11 already said they would be doing. Do we have a motion? 12 And this is from 4 to PUD and the PUD. 13 14 15 16 17 MS. SCOTT: We need to close the public hearing. THE CHAIRMAN: Close the public hearing. Thank you. We will vote on them separately. Let's do R-4 to the Planned -- the PUD development first. They 18 are intricately linked but we have to vote on them 19 separately, because they were two separate 20 applications. 21 MS. COHN: There are just, there are just 22 so many things that we are relying on them to work out 23 with staff and that 24 THE CHAIRMAN: Well, the basis for the 25 discussion between the applicant and the staff is on Concannon & Jaeger St. Louis, Missouri (314) 421-1000

125 1 pages 17 and 18 2 3 4 5 6 MS. COHN: Right. THE CHAIRMAN: MS. COHN: Right. THE CHAIRMAN: of this -- I see that. statement. MR. WININGS: Fundamentally, we voted to 7 not recommend the change from R-2 to R-4, so now we are 8 asked to vote on whether we recommend changing from R-4 9 to something, so it seems to me that we can't do it, so 10 I move to recommend denial of the rezoning from R-4 to 11 PUD to the Board of Aldermen. 12 13 14 15 16 17 18 19 20 21 CHAIRMAN: Okay. All in favor? MR. WININGS: Aye. THE CHAIRMAN: Aye. MR. REIM: Aye. MR. LIBERMAN: Aye. MS. COHN: Aye. MR. OWENS: Aye. THE CHAIRMAN: All MR. CORSON: Aye. THE CHAIRMAN: Now, opposed? the second part of it 22 is for B3 and that is the proposed Planned Unit 23 Development itself. We have a staff recommendation of 24 denial there and of course, many recommendations that 25 the applicant will be discussing. Here again, what Mr. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 Winings had said, I think follows through with this 2 also. It would be very hard to approve it at this 3 point. Is there a motion? 4 5 6 7 8 9 MR. REIM: I make a motion to deny. I second. MS. COHN: THE CHAIRMAN: All in favor? MR. WININGS: Aye. THE CHAIRMAN: Aye. MS. COHN: Aye. MR. REIM: Aye. MR. CORSON: Aye. MR. OWENS: Aye. MR. LIBERMAN: Aye. THE CHAIRMAN: Opposed? Okay. 126 10 11 12 13 14 15 MS. SCOTT: Josh, did you -- I'm sorry. 16 Did you vote on that one? 17 MR. CORSON: No. I agreed with that one, 18 because of all of the changes that need to be done. 19 20 21 MS. SCOTT: Okay. Thank you. MR. CORSON: You are welcome. THE CHAIRMAN: The next item is the 22 subdivision plat itself and this is not a public 23 hearing and we will have a staff report. 24 25 MS. ISTENES: This is item B4 on your agenda. The proposed plat would subdivide the subject Concannon & Jaeger St. Louis, Missouri (314) 421-1000

1 2 3 4 5 127 property, which consists of seven lots that have historically been under common ownership by the Clayton School District. The proposed subdivision plat creates thirty five fee simple building lots, ranging between 1,477 and 1,922 square feet and 68,253 square feet of 6 common area, including a new private street. 7 The plat also provides for a 344 square 8 9 10 11 12 13 14 15 16 17 18 19 20 foot right-of-way dedication to the City at the northeast and southeast corner of the site. Article VIII of the subdivision regulations list minimum design standards for a new subdivision. The project fails to meet the standards, which are outlined in your staff report. However, the Board of Aldermen has the authority to modify these standards through the PUD process. Staff supports the requested modifications to block length and design due to the unique features of the site. In conclusion, with the exception of the proposed intersection curb radius, Public Works supports the requested modifications to right-of-way 21 width, horizontal radius of centerline and tree lawn 22 width. 23 Planning staff supports the requested 24 modifications to lot frontage, block length and design. 25 The subdivision plat as proposed otherwise meets the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

128 1 requirements of the Subdivision Regulations. Staff's 2 recommendation is for this Board to recommend approval 3 to the Board of Aldermen with the following conditions 4 and those conditions are listed in your staff report. 5 6 7 comments? THE CHAIRMAN: MR. BERGER: Thank you. The applicant, Good evening, Mr. Chairman. 8 We have set forth in our presentation, which is filed 9 Exhibit 1, with respect to the basis for supporting 10 receiving the affirmative vote, with respect to the 11 subdivision plat. 12 We have the testimony of Mr. Ward, which 13 is incorporated into the public records but we believe 14 that we have established the proper legal criteria to 15 meet the requirements under your ordinance for 16 subdivision plat and all of that is incorporated by 17 18 reference, this reference in th~ public record. It's already part of the public record. Thank you very 19 much. 20 THE CHAIRMAN: Thank you. Questions, If this were 21 comments? I have a question of staff. 22 approved and the project did not go forward, would then 23 the plat revert to the existing? 24 MR. CLAYTON: Yes. Condition one requires 25 that the subdivision plat be contingent upon approval Concannon & Jaeger St. Louis, Missouri (314) 421-1000

129 1 of the text amendment, the rezoning to and approval of 2 a PUD and conditions within, so if the rezoning and the 3 PUD are not approved, then the subdivision plat would 4 not be approved. 5 THE CHAIRMAN: Okay. Even if it were 6 approved tonight? 7 8 MR. CLAYTON: Correct. MR. LIBERMAN: I recommend approval to the 9 Board of Aldermen, with the staff recommendations. 10 11 12 13 14 15 16 17 18 19 20 21 it? 22 23 MR. CORSON: I second THE CHAIRMAN: All in MR. LIBERMAN: Aye. MR. CORSON: Aye. MR. WININGS: Aye. MR. LICHTENFELD: MR. REIM: Aye. MR. OWENS: Aye. Aye. that. favor? THE CHAIRMAN: Opposed? MS. COHN: Nay. THE CHAIRMAN: Okay. Kathy, have you got MS. SCOTT: Yes, thank you. THE CHAIRMAN: And then we come to item 24 BS, the architectural review. Are you prepared to go 25 ahead with the architectural review tonight? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

130 1 MR. KORN: Not this evening. We could. 2 We don't have our display boards with us. 3 4 5 6 7 8 9 10 asking. to that THE CHAIRMAN: Right. That's why I was Would you like to table that -- MR. BERGER: Yes. THE CHAIRMAN: to a future meeting? MR. BERGER: Yes, we would. THE CHAIRMAN: Okay. Do we have a motion effect? MR. REIM: I make a motion to table the 11 architectural review board to -- 12 MS. ISTENES: Would that be to the next 13 meeting? I'm sorry to interrupt again but we do need 14 to do it to a date certain. 15 16 17 18 THE CHAIRMAN: To a date certain? MS. ISTENES: Yes. When would that be? MS. SCOTT: First meeting in June. MS. ISTENES: First meeting in June, which 19 is the 1st, the first of June. 20 21 June 1st. 22 23 24 THE CHAIRMAN: Okay. To the date certain, MS. ISTENES: Thank you. THE CHAIRMAN: Okay. MR. REIM: Yes. To the date certain, June 25 1st. Thank you. Concannon & Jaeger St. Louis, Missouri (314) 421-1000 .

1 2 3 4 5 6 7 8 9 10 MS. COHN: Second. THE CHAIRMAN: All in MR. LIBERMAN: Aye. MS. COHN: Aye. MR. CORSON: Aye. MR. WININGS: Aye. MR. LICHTENFELD: MR. REIM: Aye. MR. OWENS: Aye. Aye. favor? THE CHAIRMAN: Opposed? Okay. 131 That's it. 11 We thank everyone for their attention to the applicants 12 who have done a full job and the citizens who made 13 their comments known and especially to the staff, who 14 worked very diligently on the staff reports, to help us 15 understand. So we thank you and we will see you at the 16 next couple of meetings. 17 (Thereupon, the meeting was concluded.) 18 19 20 21 22 23 24 25 Concannon & Jaeger St. Louis, Missouri (314) 421-1000

132 1 2 STATE OF MISSOURI 3 COUNTY OF ST. LOUIS 4 I, Sara E. Tom, a Certified Court Reporter 5 within and for the State of Missouri, do certify that 6 pursuant to Notice, a meeting was held at the Clayton 7 City Hall, Second Floor Council Chambers, 10 North 8 Bemiston Avenue, in the City of Clayton, State of 9 Missouri, commencing at 5:30 in the evening of that 10 day; that all proceedings which then transpired was 11 reduced to voice writing by me on the day, between the 12 hours, at the place and in that behalf first aforesaid, 13 and later transcribed into typewriting and that the 14 foregoing 132 pages are a true and accurate transcript 15 of the record of the aforementioned meeting. 16 IN WITNESS WHEREOF, I have hereunto set my hand 17 this 26th day of May, A.D., 2015. 18 19 20 21 22 23 24 25 SARA E. TOM CCR #1234 Concannon & Jaeger Certified Court Reporter within and for the State of Missouri St. Louis, Missouri (314) 421-1000