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Alderwoman Argues Against Modern Zoning, Prefers Piecemeal Approach

Last night I attended the forum regarding the state-wide tax bill and the likely beneficiary, Paul McKee (see post about event). As at prior events, the Alderpersons continue to talk about plans — community driven plans and Paul McKee’s secret plan. Ald Davis indicated a million bucks was spent on a plan(s) in the 19th ward to which she was recently elected. Davis indicated they involved “stakeholders to make sure that we knew what everyone wanted, how that community was going to look, we paid for the best technical assistance, and that plan was approved and is a part of the development process with SLDC, but you know something, somebody made a decision that it didn’t matter.” So on one hand they are saying we’ve spent time and money listening to the community and determining what is desired yet at the same time bitching because we don’t know what McKee’s plan is about.

During the question and answer portion, following the grand standing, I had to bring up the issue of these plans. Basically a bunch of time and money is spent in meetings, a document is created, it is adopted by the Planning Commission and Board of Aldermen and sometimes it gets referenced during negotiations with developers. However, the existing zoning for an area prior to a plan remains the only legal requirement. Given how completely out of date our zoning code really is, nearly everything now requires a variance. This is how aldermen derive any sense of power!

Below is a short video clip with my question and a response by 5th Ward Alderwoman April Ford-Griffin. My apologies for the video quality — you get a nice view of my shorts pocket while I am asking the question. Below the video is the transcript of my question and her response.
httpv://www.youtube.com/watch?v=0Ne4ZNWqT9M

Statement/Question:

My name is Steve Patterson and I am a former resident of the 5th Ward, actually in the early nineties. And my question to the two aldermen is…one I am glad that you’ve done plans in the neighborhoods but unfortunately neither one of those plans has any teeth to them, uh, the zoning has not been changed and the 5th ward plan was adopted in 2002 called for some zoning changes to give the plan some teeth of law — right now the Board of Adjustment and the Planning Commission actually, uh, ignore the plans when they are making decisions on variances and things. So my question is when do you plan to introduce legislation to change the zoning?

Response:

Actually, there have been lots of zoning changes. You don’t go in and change the zoning of the whole ward because my plan for the 5th ward that we have in place is not so specific. One thing about a plan you have to leave some flexibility. So there is flexibility where it is not so specific where you come in and say on this block right here in the 1500 block of Hebert its got to have homes that they’ve got to look like this. So you have to leave some flexibility and at the Board of Aldermen we always have the power to change zoning. So when this happens is…as you see the development boards and you see the different things that have happened, most of those had to have some type of zoning changes, street changes, name changes, just you go down the list of changes. Also, that is the only thing that makes most of the developers come and talk to us. If we did everything that it took for the development they wouldn’t have any reason to come and talk to us. Once we talk about a development, once they have shown us what they do, once they talk about minority participation, once they talk about inclusion, once they talk about jobs, and all the other things that I make sure I am committed to asking them. And it seems like something that would be good for us and falls within the realm of the plan. and then we talk about doing the things that they need. but you’d be shocked at how many people go out here and spend money on doing things then call us and say ‘oh I’m gunna put a such and such at this address.’ And they only call because they didn’t have the zoning and zoning says you need the support from the alderperson. So if we went out there and tried to guess what would go on every block and zoned it [???] they wouldn’t have to come to us. Therefore we would not be able to even know what they are doing before they’re doing, which not all of it has been good for us. So actually that is another way to get them to come and talk to us, come to the community meeting and present to us. so we don’t want to go and just do a flat blanket of zoning where people are [???] if they a number of other things that we could go out there and do tomorrow we wait until we see the project and make sure that it is what we want then we do the things that are specific that is required for that very project and for that property to happen.

I was completely dumbfounded as were others. I mean, I’ve known this is the twisted control view of zoning that they had — I just never thought I’d actually get one of them on video espousing as much. Ald. Marlene Davis was behind Ald Ford-Griffin nodding her head in agreement.

So here is their logic:

1) Spent time and money on a feel-good community plan.

2) Get said plan “adopted”. Place plan on shelf, dust off when necessary.

3) Use zoning power to be included in development process.
4) Ignore that someone could buy property and build new construction based on existing and outdated zoning — thus bypassing plan.

I don’t want to get into a Zoning 101 lecture but what was described is exactly the opposite of what we should be doing. Zoning is a very powerful too — a police power — that cities have to set forth what the community wants. Zoning controls many aspects of development on private land such as the building’s relationship with the street and adjacent properties, heights, parking, and so on. Use zoning, which we still have, refers to the zoning focusing on the specific uses to be contained within a structure (residential, retail, industrial, etc…) whereas form-based zoning has a primary focus of looking at the building form while accepting the internal use might vary. For example, I don’t really care if a car dealership exists in a commercial zone if the form based code calls for 3-story buildings with street-level storefront windows and all surface/garage parking hidden in back. Thus, the form of the building is more critical than the use in this case. Hybrid variants exist.
Creating a community plan without going forward with zoning changes to uniformly enforce the desired affect is a useless exercise. So when these alderwoman get up and complain about not knowing McKee’s plan for their area I have no sympathy in that regard. They have the ability to create a solid uniform guide via zoning for these huge swaths of land. They could actually provide some real leadership on envisioning what is to happen in their wards. But instead they are doing development St. Louis style — sitting back and waiting for the developer to knock on their door and ask for a letter to grant a variance. Or maybe they are not sitting back, they are going out and finding developers but the visioning for the area is still done on a project by project basis.

Zoning is the most powerful tool cities have to determine the outcome of development within their jurisdiction. Throughout the city this power has been parceled out to 28 fiefdoms. As long as our old zoning code remains in place our elected representatives will continue to advocate a piecemeal approach based on the desires of developers.

 

Larry Rice’s New Life Evangelistic Center Opens Renewable Energy Center in 25th Ward

For nearly a year now the old Held Florist & Greenhouse in the 47xx block of Tennessee Ave has been getting a make over. Broken greenhouse glass fixed, a good cleaning, paint and such. A woman named Susan Jansen had purchased the property in late 2006 and everyone was finally glad to see things happening. In July, the property was sold to the New Life Evangelistic Center operated by Rev. Larry Rice. NLEC is most well known as the controversial homeless shelter located on Locust between 14th & 15th.

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On Saturday the 25th Rice held a grand opening for his new Missouri Renewable Energy Center located at the property. But, by this time his holdings had expanded. If you recall from June, the 1894 frame farm house was being threatened with demolition but the Preservation Board put the kibosh on that (see prior post). On August 7th the NLEC, represented by Larry Rice, purchased the old Held home and the adjacent land. The brick 2-family with the green roof in the background above was formerly my home which I sold in January 2006 (can you say good timing?) to an owner occupant.

I’m still not sure what to make of all this but I do know that a number of people have contacted me expressing their concern about his presence in the neighborhood. When I told one concerned person about the change of ownership, their reaction was simply, “Oh shit!”

 

9th Street Converted to 2-Way, 8th to be Closed During Tower Construction

On Friday the 24th those not on Jim Cloar’s email list discovered that 9th street — long a one-way northbound street — had suddenly and seemingly without notice been changed to two-way traffic where it was once one-way: from Olive north to Washington Ave. Downtown Partnership’s Cloar explains in his update to members on August 17, 2007:

As noted previously, 8th Street is scheduled to be closed curb to curb from Locust to St. Charles, possibly beginning as early as next Monday. The east- side sidewalk, next to US Bank, will remain open. The closure is necessitated by the impending start of construction on the Roberts Tower.

Also note that 9th Street will soon be converted to two-way from Olive north to Washington (it is already two-way extending north of Washington). This will help relieve traffic concerns prompted by the 8th Street closure and will serve as a test for future possible conversion of other one-way streets to two-way.

I’m a bit torn on this one. I don’t see why it is necessary to close 8th entirely for construction but I am glad to see 9th as two-way. I also don’t see why such information is limited to those on the member roles of the partnership. Did Ald. Young alert her constituents? Did the city and/or partnership place a public notice in something like the Washington Ave Greensheet? What about some signs indicating a change would take place? At least when Locust was changed from one-way to two-way they put up some extra signs for a few weeks afterwards to remind those that are not yet used to the change. The city did recently issue a press release about a temporary closing of the Compton Viaduct (read) but did not do the same for this.

… Continue Reading

 

What Local Control Gets Us In St. Louis

Yeah, Rep. Rodney Hubbard saved the day by requiring local control over any development receiving a huge state tax credit (at least in the version passed by the state house). So, if passed by the Senate and signed by Gov Blunt then Paul McKee will have to make political contributions to aldermanic campaigns, not just those of the Mayor and President of the Board of Aldermen. With contribution limits back in place it really shouldn’t cost him much. For all 28 aldermen that is less than ten grand. Pocket change.

And for anyone that thinks that magically the development we’ll get will magically be better due to local control think again. Here are a few reminders of local control in St. Louis:

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New sidewalks between residential areas and mass transit lacking street trees.

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Massive parking lots but no ADA access route. … Continue Reading

 

Bus Tour of Dilapitated McKee-owned Properties Ignored Other Issues

This past Thursday morning I attended, as did many others, the press conference and bus tour relating to 500+ properties owned by Paul McKee through various companies in his control. For those of you living under a rock for the last year, McKee had quietly bought hundreds of properties mostly in the city’s 5th ward through companies with names like “Blairmont Associates, LLC” and “Dodier Investors LLC” (see list). Blair and Dodier are both street names in the area. In the last Missouri State legislative session McKee’s attorney Steve Stone wrote a tax credit bill worth $100 million for anyone that assembled large acres of land in distressed areas. All sounds good so far, right?

… Continue Reading

 

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