FAQs on the Overlay Process & Proposal

What follows is my understanding of the process and proposal, following 18+ months of education on zoning, the powers the Board of Aldermen has under different types of administrative and legislative action, and conversations with many residents.

Saying NO to the Overlay District does not mean athletic fields will not be developed on the site

For information from the City of Clayton, including documents and video of many public meetings, go to EngageClayton.com

I’ll be in Concordia Park across from Kaldi’s on DeMun from 1-3pm on Sunday, 11/10, to answer your questions and hear your concerns. The proposal is not final and can still be amended to address resident concerns and protect the existing topography and existing character of the site.

You can email me directly at bpatel@ClaytonMo.gov with additional questions and feedback.


There is so much information on EngageClayton.com - where should I start?

The latest meeting on the topic was a discussion session at the BOA on Friday, 10/18/24. You can watch the recording of this to hear the last staff presentation and some of the initial comments and concerns of your elected representatives.

There is a section of documents labeled Board of Aldermen Meeting Documents that has the most recent drafts, some conceptual test fit examples, and staff presentation we will review on Tuesday.

Why is the Board of Aldermen even considering allowing athletic uses on the western half of Concordia’s campus?

The current zoning on the site allows universities and their accessory uses, which includes housing, academic buildings, student activities, and athletics. The existing use of the site includes housing and athletics – a general use athletic field, playground, tennis courts, sand volleyball, and a field house. CampusMap2021.png (3300×2370)

Who is advocating for the Overlay District?

Our professional city staff.

WashU did not ask for the Overlay District. They let the city know they wanted to pursue athletic uses on the site, and our professional staff recommended we pursue an Overlay to regulate the use of the site as opposed to the Conditional Use Permit process, which has been historically used in Clayton to regulate institutional uses and developments.

The CUP process requires detailed plans be submitted by the applicant for the city staff, PC/ARB, and elected officials to review and respond. Our power under the CUP is an administrative power. It is reactive, designed to mitigate any adverse impacts of development and not proactive. We cannot simply reject uses that are allowable uses under the existing zoning. What we can do is require that impacts of noise, light, etc., are mitigated for neighbors. Once the applicant addresses those impacts via a mitigation, they have essentially met the standard of submission.

When enacting an Overlay District, we are using our legislative power, and we are being proactive. We are anticipating potential negative impacts of development and applying regulations that restrict the development. We can layer multiple mitigating requirements such as setbacks, transition zones, retaining wall height restrictions, limitations in modification grading, hours of operation, tree protection, etc., to achieve a more restrictive starting point from which the property owner must design proposed developments.

Why would the City of Clayton green light this development by WashU?

If an overlay is established, it authorizes no development. WashU would submit detailed plans (exactly like they do today under the CUP process). The specific plans would be evaluated by staff for compliance with the overlay and then subject to a public hearing and vote by the Plan Commission and Architectural Review Board. Neighbors would be notified and able to provide feedback on the specific proposal and identify impacts that may need to be addressed based on the specific plan.

What is in the Overlay proposal that is not in the current zoning?

Examples of regulations imposed by the Overlay not in place today:

Allowable Primary Uses will be limited to Athletic/Recreational and Playgrounds

NO Outdoor Band Playing, NO Outdoor Commencement Ceremonies, NO Outdoor Pickleball, NO Outdoor Musical Performances/Concerts, NO Full Graduation, NO WILD, NO ThurtenE

Outdoor Events are restricted in size, require event permits, and limited number per year

Building height limited and further restricted within 150 feet of a residents home.

Retaining wall heights are limited, and limited further near the boundaries of the site. Variance from existing grade level is limited to mitigate the negative environmental impacts of extensive grading.

Extensive tree protection areas are defined to protect existing trees and Transition Zones require additional levels of tree planting and maintenance.

DarkSky Outdoor Sports Lighting Program: https://darksky.org/what-we-do/darksky-approved/outdoor-sports-lighting/

Notification of public hearings for any development application will be sent by mail, to addresses within 200 feet of the site, 10 days in advance of any consideration by the PC/ARB

No amplified noise or field lighting after 9:30pm (except where governed by NCAA to conclude a game in progress)

ADDITIONAL RESTRICTIONS CAN BE RECOMMENDED FOR INCORPORATION - Let me know what ideas you have to share!

What happens if the Overlay District is not approved?

We don’t know what WashU and Concordia will do if the Overlay is not approved.

If the deal between WashU and Concordia goes forward without the Overlay, WashU could submit proposals for any variety of uses under the existing zoning and the CUP process. We would struggle to mitigate the neighborhood impacts through the limited administrative powers we have under the Conditional Use Permit process.

If the deal between WashU and Concordia doesn’t go forward, Concordia could decide to sell to a developer, who could build a neighborhood that could have 50-80 homes in it, based on the size of the property. The existing zoning doesn’t require a CUP for that type of development, so we’d have very little power to mitigate grading, protect trees, etc.