Board of Adjustment Upholds Conditional Use for McDonald’s Drive-Thru

Today the city’s Board of Adjustment upheld the earlier decision to grant a conditional use permit to allow a drive-thru to McDonald’s on the former Sears site.

I’ve got a lot of things I want to say but I’ve pledged not to use that kind of language here. So, I’ll just say this for now:

With development like this, I have serious reservations about the ability of the City of St. Louis to reach its full potential.

– Steve

Ald. Joe Roddy Latest Target of Recall

In 2005 Ald. Tom Bauer was recalled as his constituents were upset over development deals in the 24th Ward. Recently residents began a recall effort against 15th Ward Alderwoman Jennifer Florida, initially over issues related to the proposed McDonald’s relocation but quickly expanding into other issues. KWMU radio is reporting 17th Ward Alderman Joe Roddy is now being targeted for recall over — development issues. The group is originating out of the Forest Park Southeast neighborhood:

That’s where a group wants Joe Roddy out as 17th ward alderman. They cite Roddy’s support for the sale of a patch of Forest Park to Barnes-Jewish hospital as one reason for the recall effort.

But they also say some residents have been upset for years with his support for Forest West Properties, a company owned by Barnes-Jewish hospital, which owns a number of vacant buildings in the neighborhood.

Forest West Properties is buying large numbers of parcels in Forest Park Southeast and seeking demolition of many existing structures, a good many of which could make excellent rehab candidates.

Unlike Florida, Roddy was challenged in the March 2005 primary election. Roddy received 966 votes (63%) to challenger Rodney Burchfield’s 577 votes (37%).

The piece of Forest Park in question had been a part of the same ward as the main section of Forest Park until the last redistricting (2002) when it became part of Joe Roddy’s ward. I think this plan has been cooking for longer than a year — that it would be easier to argue this section of Forest Park was separate if it was indeed in a separate political ward than the main park.

I fully support the recall effort of Joe Roddy. And I’m guessing a good many people out there are tired with the same old status quo from the likes of Bauer, Florida and Roddy. Who’s next? The list of bad development projects is longer than the list of Aldermen…

– Steve

Appeal of McDonald’s Variance to be Decided Today

The McDonald’s relocation on Grand issue will likely be decided by the Board of Adjustment today. I’ve written so much about this issue to date it is hard to continue but I am sure many of you are tired of reading about it. Again, it will soon be over (barring any lawsuit depending upon the Board of Adjustment’s decision).

Here is the short summary to get you caught up if you are just joining us. The McDonald’s located on the corner of Grand & Chippewa (3737 S. Grand) since 1974 is looking to relocate to the other side of Grand on the site of the old Sears store (@ Winnebego, 3708 S. Grand). This places the McDonald’s in a different neighborhood than where it is currently as well as placing it on a corner with a minor residential street rather than being on a major corner.

Today I want to focus on a few points: Issuance of a variance to the zoning code and the design issues involved.

First the idea of a variance.

Prior court cases have determined in zoning matters “the authority to grant a variance should be exercised sparingly and only under exceptional circumstances.” The City of St. Louis acknowledges this from a 1994 court decision:

Authority to grant variance from zoning requirements should be exercised sparingly and in keeping with spirit of zoning plan and public welfare. Arens v. City of St. Louis, 872 S.W. 2d 631 (1994).

You see, the city has no obligation to grant a property owner a variance from the code. A variance is usually granted in the case of a hardship or that without the variance the property would not be able to be used at all. If the Board of Adjustment were to be “in keeping with the spirit of the zoning plan” they’d look at the redevelopment plan for the area which specifically prohibited drive-thru service windows.

A restaurant asking for a variance to the zoning to allow a drive-thru window is not reason enough to grant their request. The courts have agreed.

The zoning administrator failed to exercise good judgment when originally granting the variance. The “substantial and competent” evidence does not support allowing a drive-thru at this location. Numerous people testified that it would harm the “health, safety and welfare” of the public. Furthermore, the zoning administrator, either knowingly or carelessly, characterized letters from Mayor Slay, State Sen. Coleman and State Rep. Daus as being in support of the project. This was untrue, their letters were strictly in support of a new project on the current location of the McDonald’s (see post). The zoning administrator ignore the original evidence presented on February 19, 2006.

If the Board of Adjustment upholds the variance this afternoon I believe they will be acting politically rather than rendering a sound judgement based on evidence presented. We can look at the “F” Neighborhood Commercial District zoning (see code) to see what the spirit of the code truly is:

26.40.015 Purpose.

The purpose of the “F” Neighborhood Commercial District is to establish and preserve those commercial and professional facilities that are especially useful in close proximity to residential areas. The district is designed to provide convenient shopping and servicing establishments for persons residing in the immediate neighborhood to satisfy those basic home and personal shopping and service needs which occur frequently and so require retail and service facilities in relative proximity to places of residence, so long as such uses are compatible with and do not detract from adjacent residential uses. (Ord. 62588 § 5 (part), 1992.)
variance

Clearly, this zoning district is not intended to be a regional auto-centric area but instead a draw for the “immediate neighborhood.” Well, the immediate neighborhood, Gravois Park, doesn’t need or desire a drive-thru restaurant.

Before you tell me these people bought next to a commercial district and they should expect this sort of thing please consider the following, the “F” Neighborhood Commercial District permits many uses:

A. Any use permitted in the “E” Multiple-Family Dwelling District;

B. Art galleries and studios;

C. Bakery Shop;

D. Barber and beauty shops;

E. Bed and breakfast guesthouse, subject to the provisions of Chapter (B.B. 355);

F. Bed and breakfast homestay, subject to the provisions of Chapter (B.B. 355);

G. Bed and breakfast inn, subject to the provisions of Chapter (B.B. 355);

H. Bookstores;

I. Butchershops;

J. Computer stores;

K. Drug stores;

L. Dry cleaning stations (not having on-site processing);

M. Financial institutions;

N. Florists;

O. General offices;

P. Grocery and other retail stores;

Q. Hardware stores;

R. Professional offices;

S. Shoe repair shops;

T. Video and record stores;

U. Mixed uses which include any of the permitted residential and commercial uses;

So while it is reasonable for the residents of Gravois Park to expect any or all of the above uses in the commercial zoning area along Grand, you’ll note a restaurant is not one of them. In fact, in the “F” Commercial District opening any restaurant requires a variance. In this case McDonald’s is requesting two variances — a restaurant and a drive-thru service window.

This is not about being next to a commercial district. For example, I’m sure many of the residents would love to see an urban storefront building on the site in question with an art gallery, hardware store, a florist and bakery — all uses that do not require any variance. Furthermore, I believe most would welcome a restaurant of any type so long as it does not have drive-thru service & excessive parking which comes with noise, trash and light pollution (from parking lot lights).

Also of note are the other uses that require a variance in the “F” Neighborhood Commercial District: bars and taverns, liquor stores, parking lots, private clubs or lodges, theaters and gas stations. I guess we are supposed to be thankful a liquor store didn’t want to relocate to the old Sears site.

Variances from zoning are a necessary evil. Sometimes the letter of the code is too restrictive to a property owner and it is reasonable to grand them a variance so as not to create a situation of hardship. The lot in question is roughly 40,000sf (200ft x 200ft) — not granting a variance for a drive-thru window will not render this vacant land unusable.

Proponents of the project; Ald. Jennifer Florida, Pyramid Construction and McDonald’s; have all argued the McDonald’s will close if they are not allowed to relocate from their current site to this site. They say, they cannot possibly reconstruct a McDonald’s on the current site. This is simply untrue, and I’ve proven as much.

If you care to review the various drawings you should probably start with McDonald’s original proposal. Then you can take a look at their revised proposal prepared for today’s hearing. They had indicated at the last year, through Ald. Jennifer Florida, the revised design would comply with what is considered one of the best guides to integrating drive-thru facilities in urban areas, The Toronto Urban Design Guidelines (large file).

Sadly what they have proposed represents only a minor attempt to satisfy concerns about urban design — they basically moved the building close to one of two streets and made a few other improvements. However, this revised design fails miserably compared to the standards. For a point by point analysis of the revised design vs. the Toronto standards click here.

Perhaps you say it can’t be done. Well, a local licensed architect was kind enough to prepare a couple of examples of placing the new standard McDonald’s building on the site in a more urban fashion more closely following the Toronto standards. See Alternate #1 and Alternate #2. Both are similar with parking toward the back while #1 has a second building facing Grand. You may think that is a long way to walk from the parking to the McDonald’s but in reality those arriving by car will most likely use the drive-thru. By eliminating both curb cuts on Grand this leaves on-street parking intact and reduces conflicts with traffic exiting the site as well as Winnebego.

But what about their current site? Again, I believe they can rebuild on the current site. Yes, it will require a retaining wall to create a more level site but I don’t think they can argue financial hardship. Click here to see the standard McDonald’s building sited on their existing location in an urban fashion. This location even permits them the ability to construct the new building while the current restaurant remains open.

And if McDonald’s choses to rebuild on their current site then Pyramid could build senior housing on the old Sears site, see concept.

The Board of Adjustment will once again take up this issue at 1:30pm today in Room 208 of City Hall. I hope they do the right thing and follow the spirit of the code and deny the variance (grant the appeal). They should see the overwhelming public opposition, the substantial evidence questioning the health, safety and welfare of the public as well as numerous alternative solutions.

– Steve

Our Interstates At 50: A Midlife Crisis?

Tomorrow the Missouri Department of Transportation will be holding a pro-highway construction love fest in Columbia MO. The event, Our Interstates At 50: A Midlife Crisis Public Policy Forum, is predictably going to tell us why we need the road equivalent of a fancy new sports car, hair implants and young trophy spouse.

JEFFERSON CITY – Retired U.S. Gen. and NBC News Analyst Barry McCaffrey will join state and national transportation leaders in a discussion about the past, present and future of Missouri’s interstate system at a public policy forum scheduled for June 22 at the University of Missouri-Columbia. McCaffrey, a national infrastructure expert who also serves as HNTB Federal Services Chairman, will speak at 12:30 p.m.

The forum, sponsored by the Missouri Department of Transportation and the university’s Harry S Truman School of Public Affairs, is being held in conjunction with the 50th anniversary of the nation’s interstates.

What is really telling is the list of panel sessions and who they’ve invited as panelists. Don’t look for any smart growth folks or someone from the Sierra Club!

The Impact of the Interstate Highway System; Moderator: Bob Priddy, Missourinet

Panelists:
• Mary Ann Naber, Federal Highway Administration
• Allen Masuda, Federal Highway Administration
• Bill Ankner, Missouri Transportation Institute
• Charlie Nemmers, UMC College of Engineering

The Interstates Today: Where We Are, Where We Need To Be; Moderator: Jerry Mugg, HNTB

Panelists:
• Frank Moretti, TRIP (The Road Information Program)
• Marty Romitti, Missouri Economic Research and Information Center, Department of Economic Development
• Hal Kassoff, Parsons Brinckerhoff

The Future of the Interstate: Strategies for Success; Moderator: Kevin Keith, MoDOT

Panelists:
• Mary Peters, HDR Incorporated
• Shirley Ybarra, Ybarra Group
• Bob Heitmann, Zachry American Infrastructure
• Daniel L. Rust, Center for Transportation Studies, UMSL
• Chris Gutierrez, Kansas City SmartPort

Look for them all to congratulate each other and to those prior generations for being so forward thinking. Then they will tell us we are facing a critical situation and need to invest billions more in our highway infrastructure. We bought it 50 years ago based on the Cold War and being able to evacuate the cities quickly in case of nuclear threat. Of course, we did evacuate our cities just over a period of several decades.

You can read the two-page press release here.

Speaking of billions on highway projects, have you heard about the new highway from Mexico to Canada????

A MASSIVE road four football fields wide and running from Mexico to Canada through the heartland of the United States is being proposed amid controversy over security and the damage to the environment.

The “nation’s most modern roadway”, proposed between Laredo in Texas and Duluth, Minnesota, along Interstate 35, would allow the US to bypass the west coast ports of Los Angeles and Long Beach to import goods from China and the Far East into the heart of middle America via Mexico, saving both cost and time.

According to the article in the Scotsman, construction may start on the Texas portion as early as next year.

The Texas section, called the Trans-Texas Corridor, would create separate lanes for trucking as well as provide rail corridor for passenger & freight service. To me this smacks of road interests teaming up with the trucking industry to “invest” in our future. The entire necessary right of way exceeds 1,000ft. That is huge! Out in corn fields it is no big deal I suppose but as you approach urbanized areas, such as along I-35, you are going to cause major problems.

From the anti Trans-Texas Corridor site CorridorWatch:

The Corridor plan is designed to provide transportation funds, more than transportation. Rather than identify specific transportation needs and offer solutions, the Plan defines funding as the need and the Corridor as the solution. Accordingly it’s not important where the Corridor is built, as long as it generates revenue.

Likely a valid point. I think many big projects these days are designed around funding more so than actually need to solve a problem.

– Steve

A Day in the Life of Downtown Dutchtown

The increasingly active group known as the Downtown Dutchtown Business Association have come up with a very interesting contest — a 24 hour photo competition:

The contest is designed to promote a positive image of Downtown Dutchtown, generate civic pride and bring awareness of our neighborhood to the St. Louis community. Winners from every hour of the day, plus the top three overall winners, will be, published in a special book, recognized on DT2stl.org in a digital album and displayed in an exhibit after the event. There is no need to pre-register and the contest is open to all.

IMPORTANT NOTE:While you may submit photos in black & white or color, all photos will be published in black & white.

The “downtown” Dutchtown area is primarily concentrated at Meramec & Virginia but the contest rules allow for a broader area: Chippewa to Bates and Broadway to Grand. For all the details visit the Downtown Dutchtown website. The website includes a photo release form if you have people in your images.

I can’t wait to see some of the images as Dutchtown has some great architecture and people. I can imagine Dutchtown resident and fellow STL Syndicate blogger Tom Lampe will have some excellent entries.

– Steve