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 Given how completely out of date our zoning code really is, nearly everything now requires a variance.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.

McKee Land Banking Controversy Continues with Forum Tonight at Vashon HS

The hot topic of developer Paul McKee and his large land holdings, many occupied by crumbling buildings, continues tonight:

The neighborhood impact of vacant properties and rebuilding our community

A public forum will be held in the auditorium of Vashon High School at 3035 Cass Avenue on Thursday, August 30th at 6 p.m.. The forum is co-sponsored by Alderwoman April Ford-Griffin (Ward 5), Alderwoman Marlene Davis (Ward 19), Rep. Jamilah Nasheed (District 60) and Rep. Jeanette Mott Oxford (District 59).

This forum will be an opportunity for residents, business owners, developers, neighborhood stabilization officers and other city services workers, and state and local elected officials to come together to discuss development in the community. Topics will include:
• concerns over large numbers of vacant buildings and parcels being held by developers, including the reported 40 acres owned by Paul McKee
• ways area residents can influence state and local laws and policies, including the “distressed areas land assemblage tax credit” being considered in Special Session by the General Assembly
• and ways to make each block a safer and more pleasant place to live

The goals of the evening are:

1) To give area residents an opportunity to voice their concerns
2) To make progress toward a consensus on how to improve neighborhood safety, stimulate the local economy, and rebuild the community

It will be interesting to hear the perspectives of a broad range of those in the area, although I doubt those that have sold out to McKee will be there to speak in favor. Doubtful to is someone from the Mayor’s office speaking on behalf of their support of McKee’s secret plan. I hope that copies of the 5th Ward plan are available to the public at this meeting. If not, you can read it online.

Meanwhile, from an article in the Riverfront Times this week:

McKee’s purchases don’t make up a single, contiguous tract, but most are adjacent to lots owned by the city’s Land Reutilization Authority (LRA), an agency that owns thousands of vacant buildings and lots. In one instance, McKee’s VHS Partners owns the northeast and southeast corners of Cass and Grand avenues, a busy intersection with a bus stop. The LRA owns the northwest corner. Farther north, different McKee-backed entities and the LRA own all but one sliver of a lot in the vacant northeast block of Jefferson and St. Louis avenues.

Given the vast quantities of land the city owns via the LRA, I’d say it would be rather hard for anyone to buy property in this area not adjacent to LRA property.

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.

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!”

Environmental Planning Class Debates Gas Taxes and Other Issues

Tuesday evening was my first class of my second year of grad school. For those just tuning in, I am working on a masters degree in Urban Planning & Real Estate Development (UPRED for short) at Saint Louis University. The class, officially known as Environmental Planning and Risk Analysis, is going to be interesting. The instructor, Dr. Sarah Coffin, indicated we will all be nudged out of our comfort zones during the class. And yes, she is skilled at pushing me out of my comfort zone (in a good way).

Initial conversations got into issues throughout the world such as pollution in China, foresting in the NW, water quality in the great lakes, invasive plants in Georgia and so on. It was also brought closer to home as a couple of our assignments will focus on local environmental planning issues. Our first assignments will be readings from Aldo Leopold. Our first paper will require looking at a local environmental issue from either the perspective of Leopold, or from an opposing view.

I should clarify for readers, my fellow classmates and Dr. Coffin that, in any posts I do related to class, I will not identify personalities or classmates in these posts. In-class discussions should remain free dialog. Still, I think the subject matter and the diverse viewpoints are good for debate here. And of course, anything I’m posting here will certainly be a simplification of what was reviewed in two and a half hours in class. If you want more detail you’ll simply have to enroll! OK, with that cleared up we can move on.

Our discussion of local issues turned to air pollution and causes. This led to the car and one solution of raising gas taxes to curb use. Talk was then about what price would we actually see a shift in habits due to price. Another point was that higher fuel prices will impact those driving longer distances to reach their jobs — people living in places like Chesterfield and St. Charles County don’t have the alternate transit choices as those closer to the core. This brought us to public choice theory — that people chose to live there. However, that is where much of our jobs are located so perhaps that is the best place to live. Furthermore, not everyone wants to live in a downtown loft (or they can’t all afford said loft). Then it was suggested that not everyone can live downtown or in the city — we have a region of over 2 million people so some will live outside the urban core in suburban-ish areas. The point was made that suburban areas like Chesterfield, Creve Coeur and Dardenne Prairie are all working on town centers as evidence that even those that enjoy suburban living, and schools, do want a more urban environment than what they have but want it in their context, not in the older core. We quickly moved to road projects such as the Page Ave Extension and the rebuilding of highway forty were to accommodate those from the west trying to get downtown. It was countered that this was not the only reason 40 was being rebuilt. Bringing it home was the point that higher gas taxes would most impact the working poor that, due to lack of public transit to many places, are forced to drive to newer suburban areas for employment. Suffice to say, in under 10 minutes, we didn’t resolve the debate about gas taxes but we covered a lot of ground.

Toward the end of the semester our topics will evolve into more complex papers and eventually into each of us teaching a portion of the class on our topic.

Patterson a Panelist at National Rail~Volution Conference in Miami, MO-APA Conference in St. Louis

I’m very pleased to announce that I will serve on a panel discussion at the upcoming Rail~Volution conference in Miami FL. The panel on media tools will be on November 1st. I attended the annual conference for the first time last year and I was amazed at the quality & quantity of information.

Keynote speakers for the upcoming conference are, from the website:

Henry Cisneros, Chairman, American City Vista and City View
Henry Cisneros has an illustrious career that combines executive management in a variety of businesses, local and national government leadership positions, and numerous prestigious civic positions. He is the former secretary of the U.S. Department of Housing and Urban Development and a four-term mayor of San Antonio. In these positions Cisneros has unprecedented success in revitalizing urban areas and providing housing for urban families in all income ranges. His current ventures, American City Vista and City View, focus on building significant numbers of reasonably priced homes in the central neighborhoods of major metropolitan areas. Cisneros has been awarded more than 20 honorary doctorates from leading universities across the nation.

Congressman Earl Blumenauer, 3rd District, Oregon
Congressman Earl Blumenauer, founder of Rail~Volution, has focused most of his 34 years in public service on transportation and livable communities. He served as a state-, county-, and city-elected official in Oregon before being elected to Congress in 1996. In the U.S. House of Representatives, Blumenauer promotes livable communities, the environment, sustainable development and economic opportunity at the federal level. He currently serves on the Ways and Means Committee, the Budget Committee and the Select Committee on Global Warming and the Environment.

James S. Simpson, Administrator, Federal Transit Adminstration, Washington, DC
Mr. James S. Simpson was sworn in as the Federal Transit Administrator on August 10, 2006. Jim began his career in transportation over 30 years ago as a tractor-trailer driver for a local moving company while attending St. John’s University where he graduated Magna Cum Laude with a B.S. in Managerial Science and Economics. He eventually bought the moving company and developed it into an international transportation business. Jim has been an airplane pilot for almost twenty years and flies both jet and multi-engine prop aircraft. He has a special interest in aviation and transportation safety.

William W. Millar, President, American Public Transportation Association, Washington, D.C.
William W. Millar is president of one of North America’s foremost organizations dedicated to the advancement of public transit. Millar became chief executive officer of APTA after 24 years in transit operations and is credited with re-energizing the national organization. Millar will bring us up to date on transit projects and will share his perspective on the future of public transit.

James F. Murley, Director, Catanese Center for Environmental and Urban Solutions, Florida Atlantic University, Ft. Lauderdale, Florida
Jim Murley is the leader of an organization whose mission is to: “work with policy makers and the public in their pursuit of options for managing growth while preserving natural systems, promoting a strong economy and planning livable communities.” He served as secretary of the Florida Department of Community Affairs under former governor Lawton Chiles and helped draft and gain passage of Florida’s landmark Growth Management Act. Murley also is a former leader of 1000 Friends of Florida and will provide great insight into the history and vision of our host region.

Rep Blumenauer gave a great presentation last year and I had a chance to talk briefly with him about St. Louis:

[youtube]http://www.youtube.com/watch?v=gidCOjS82mU [/youtube]

You can also read my post as a summary on the conference here. Additional posts can be found in the archives. Yesterday I had a conference call with the other panelists and the moderator, a very diverse group including transit advocates, industry consultants, a transit agency representative and the federal DOT. I will give you more details prior to the conference.

Although I have visited Florida numerous times as a kid (my older brother lived in Jacksonville while in the Navy) I have never been to Miami. I hope to do some quality blogging from the conference as well as some sight seeing and taking advantage of some of the mobile workshops on the conference schedule. Last year the host group from Miami had an excellent promotional video with the music from Will Smith’s Miami.

Following the short trip to Miami I will be back in St. Louis in time for the Missouri state conference of the American Planning Association, held this year in downtown St. Louis (more details) November 7-9. This panel will be called “Daylighting Planning Decisions” — more details to follow.