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Hearing on Zoning Request for Energy Center Thursday AM at City Hall

Those who support and oppose the conditional use zoning request of Larry Rice’s Energy Center in Dutchtown will have their say Thursday morning at City Hall (8:30am in Room 208). At issue is whether or not the city should grant Rice’s request for occupancy of the former Held Florist building which is in the middle of the 47xx block of Tennessee Ave, an otherwise residential street (see prior post).

Rice did a mass mailing in the area (presumably to property owners) to gather support (view PDF of letter).

The following is the most relevant paragraph from the letter:

nlec_letter1

Above, Rice admits to being ignorant about the basic concept of zoning and occupancy — something every purchaser of real estate should investigate. But are we really to believe that he made an innocent mistake given that he bought the property from a close friend and supporter? While I can offer no evidence it is my belief that Susan Jansen acted as a straw party to purchase and renovate the 1950s storefront and greenhouse. Once ready to open as the Energy Center, the deed was switched to the New Life Evangelistic Center. There is nothing illegal about this —- in fact it is done all the time by entities that wish to acquire property and not be noticed by using their name initially.

Rice probably figured that had he simply put an option on the property contingent to obtaining conditional use zoning for his operation that opposition would have been high and he would not prevail (a likely outcome in my estimation). So instead he gambled and figured it was better to make it look like an oversight — by not knowing the process. Indeed, many do not know. An innocent mistake?

Once again Rice is indeed using wrong words to describe the zoning. He indicates in his letter that “the zoning on it had changed to residential.” Wrong. I’ve been unable to find out prior zoning for the area but most likely it has been a residential zone for some time — at least a decade. The trick was that while the Held Florist was still in operation it was grandfathered in — allowed to continue as what is known as a nonconforming use. Rice continues, “there will be a hearing to change the zoning back to commercial.” Wrong again. The hearing is about a conditional-use permit to allow him to operate as a nonconforming use in a residentially zoned area — not permanently change the zoning.  In fact, the city cannot legally change the zoning on a single parcel to a classification different than anything around it — that is known as spot zoning.

The hearing is Thursday 10/18/2007 at 8:30am in Room 208 (aka The Kennedy Hearing Room).  If you wish to share your views with the NLEC on this issue you can call the number listed in the letter (314-421-3020).  Alternatively you can email Larry Rice at larrywrice@yahoo.com.

 

Homeless-Staffed Renewable Energy Center Seeks Approval for 38-Car Surface Parking Lot

Missouri Renewable Energy (MORE), operated by Larry Rice’s New Life Evangelistic Center, is seeking a zoning change to allow them to create a 38-car asphalt parking lot in the middle of a residential block. Yes, the group that “believes in caring for creation by learning, teaching, and implementing clean energy (solar, wind, and water power, biodiesel), environmentally friendly housing structures, going organic, and consuming less” wants to put down a big chunk of paving among a residential neighborhood (see map).

IMG_3524.JPGFrom where I stand it would seem that creating large paved parking in the midst of residential areas is not exactly “caring for creation.” Before getting into the zoning specifics of the proposed parking area, we need to look at how we got to this point.
For decades the area in question was part of Held Florist and Nursery. The commercial building was built in the 1950s and had been used continuously as a florist since that time. However, a few years ago it stopped being used commercially and sat vacant. For decades this business had been grandfathered in — what is more technically known as a “non-conforming use.” That is, the use (commercial) doesn’t fit in with the zoning for the area (residential). But you can’t just tell a business they must close up shop when you change zoning so existing places became grandfathered in. And to permit someone to sell their property as a commercial entity the city allows that such non-conforming use can continue provided the property doesn’t go vacant for a period of greater than 12 months. But once the non-conforming use lapses for a period of 12 months the grandfather provision goes away and the zoning reverts to whatever it is for the area. Someone purchasing real estate anywhere needs to understand this very basic concept and exercise due diligence before assuming they can do as they please. Perhaps Mr. Rice got bad legal advice on this purchase?

All over the city we do have commercial properties that are in the midst of residential areas. We can’t very well expect these all to be converted to residential or razed to build residential. This small commercial building with greenhouse does have value which should be permitted to be used. But this doesn’t mean that someone can buy the building and do as they please. A nightclub, for an extreme example, in an old greenhouse could be pretty cool but not the most ideal in the middle of a residential street. The florist shop brought virtually no traffic to the area — most business was deliveries. Any enterprise that can potentially overload a residential block, as opposed to a commercial block, with too many cars at a very specific time is something which should only be permitted in extremely rare cases. I don’t think this is one.

Let’s take a look at what is proposed. The following plan was distributed by Larry Rice at City Hall a couple of weeks ago when he was to have a hearing on his request for rezoning. That decision has been delayed until October 18th which allows for a public meeting on the issue — to be held tonight (more info at the end).

nlec_site

The buildings shown on the plan are all existing. The area marked “demonstration area” is a greenhouse from the many decades as a neighborhood florist and nursery. The asphalt parking lot, however, is new. In fact, the only structures ever built on this land were some makeshift greenhouses. To the left is this site is the two-family building I owned from 1994-2006. Residential properties surround this in all directions.

For a moment let’s focus on the parking lot. Given the few “energy fairs” already conducted by Rice at this site it is clear they are a big draw — the street gets packed with cars of people visiting the site. But do we really want a 90ft x 113ft section of asphalt to handle cars once a month? This is certainly not very environmentally friendly.

And what about those dimensions? Rice shows 38 spaces, certainly a lot of cars. But does this work? Well, no it does not. City ordinances and common sense require certain sizes for parking spaces (view zoning code). For 90-degree spaces they need to be eight and a half feet wide and eighteen feet deep. In terms of width the idea works so far — 10 spaces across the back only requires 85 feet. But it is the other direction where we run into issues. The plan shows four rows of cars — four times eighteen is 72ft. OK, good so far but in order to do this he needs two drive lanes to actually access the parking. The city says drive lanes must be 22ft wide — each. So you add another 44ft onto our 72ft and now you are at 116ft. This doesn’t even account for required landscaping or accessible parking spaces.

The depth of the lots in this block are 142ft-6inches. Let’s say 143ft just to make it easier to discuss. So we’ve got 143ft from the sidewalk to the alley — the depth of the lot. To get his parking in there you need 116ft — leaving only 27ft. Well, the old frame house the Preservation Board (thankfully) says cannot be torn down is set a good 10ft or so back already and is likely close to 20ft deep itself. Basically, Rice’s plan doesn’t work — he is showing a paved area set at the back of the lot far from the street but the reality is to accommodate 38 cars he’d need to pave pretty much the entire section of open land — including where the frame house is located.

To complicate matters even further, a new parking lot in a residential area requires setbacks from the property lines — you cannot just pave up to neighboring property or the alley. Rice is showing 3ft at the back but nothing on the north side (to the left). Also not show is how he plans to address water run off issues — how will the parking lot be drained. Will this cause more water runoff to the neighboring property to the left? Will this cause more water to run down the alley? What is the anticipated flow of water in a storm and can existing sewers/drains handle this increased volume? These are all normal considerations when considering such a massive parking area.

In July a developer was seeking to build three houses on the land where Rice seeks his asphalt parking lot. The Preservation Board told them the old house could not be razed. They quickly sold the property to Rice. So what was his plan for his center if the new houses had been built?

For an organization that purports to be supportive of the environment to propose an asphalt parking lot is certainly a bit questionable. Water run off, as opposed to ground absorption, is an issue as is the heat island affect. Truly environmentally friendly places have pervious parking such as paving blocks or the block grid that allows you to grow grass through the paving — both allow rainwater to be absorbed into the ground. The latter doesn’t contribute to heat island issues. Impervious surfaces like asphalt and concrete are part of our environmental problem.

Some people I’ve talked to are concerned about the homeless or formerly homeless that will staff the place. I’m not concerned so much as I am puzzled. The concept is to train these individuals for jobs in the growing energy field but that seems far fetched. From a Post-Dispatch editorial from the 2nd:

We also question the wisdom of training the homeless for these sorts of jobs. “We are an agency that places 1,000 [homeless] people a year, and I’ve never heard of a placement in renewable fuels,” says Dan Buck, chief executive at the St. Patrick Center, which operates a wide range of training programs for homeless people. They are much more likely to find work, Mr. Buck notes, in restaurants, call centers, building maintenance and the like.

So while the idea of training the homeless for a career in alternative energy is appealing, I’m just not sure how practical it really is. While there certainly are exceptions, many of the homeless are not the best educated. I wonder what the extent of the training program really is? Will these persons receive any pay? How does this fit with labor laws?

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And what about the production of biodiesel at the site? Rice mentions the use of waste vegetable oil being converted to use as fuel in diesel cars like his Volkswagen Jetta TDI, shown above, on the residential block where he seeks zoning approval. So my question would be what quantities of fuel might they be making at this site? Just a few drops here and there during his fairs? Or will he have free homeless labor churning out the fuel to keep his ride going? Is there a point where the making of fuel for personal use differs from the the manufacturing of fuel for the market — involving state regulation and conditions conducive to the production of motor fuels? We already have meth labs blowing up, do we need experimental biodiesel manufacturing facilities doing the same?

IMG_3647.JPG copyRice has intimated that if he doesn’t get his zoning he will want to use the area to house the homeless. Nice. Of course as part of the “B” two family zoning district there are numerous guidelines that, if actually followed, would make it difficult to run a shelter on the order of the one he has downtown. Even transitional housing, something the city does need, would have to conform with the zoning code.

Publicly there seems to be very little opposition to the energy center, the zoning changes and even the parking lot. The most visible opposition comes from the gas station a block away at Grand & Delor (see photo at right). The 25th Ward Alderman (whom I lost to in March 2005 by 117 votes), Dorothy Kirner, has reportedly written a letter of support for the project. This is interesting as she earlier opposed a parking lot for the exact same site when a Muslim church on Grand owned the land. Did Kirner apply a double standard?

Local neighborhood groups are taking a Swedish like position — publicly neutral. Privately many in the immediate area as well as throughout south city are more than a bit upset.
An informational meeting with a chance for public questions/comments is scheduled for this evening. Given all the issues and personalities at play this is a must see in my view. The meeting will be held at 7pm at Gretchen’s Inn — the one-story place behind the Feasting Fox on the corner of Grand & Meramec (see map).

I’m not in favor of large surface parking lots anywhere. I’m certainly not a fan of them on otherwise residential blocks. The parking lot should not be allowed regardless of any issues around the homeless, Larry Rice or the intended use of the property. This is just not a wise move to allow a parking lot in such an area.

Prior posts:

Note: Headline changed at 10:25am from “Homeless-Run…” to “Homeless-Staffed” to more correctly reflect the stated intent.

 

City Needs To Follow Ordinance Regarding Posting of Signs on Trees

The ordinance regarding the respect for street trees is pretty clear:

22.48.100 Attaching items to trees.

No person shall attach or place any rope, wire, sign, poster, handbill or other thing on any tree or shrub now or hereafter growing in any street or public highway of the city, nor on any guard or protection of such tree or shrub. (Ord. 49772 § 2 (36), 1960: 1960 C. § 242.060.)

Yet I see violations all the time — from the city itself!

IMG_2814.JPG

The above would be a public street tree with a public notice stapled to it.

IMG_2815.JPG

Getting in closer we see it is a notice about a zoning conditional use hearing — for Larry Rice’s “Alternative Energy Center.” I’ll write more about this situation prior to Thursday so I don’t want comments to be about Rice and all that associated baggage.

IMG_2815.JPG copy

No, this is about street trees and making sure they are properly cared for. It is clear from this and many others that the city doesn’t respect its own trees. I presume someone posting about a garage sale could be cited for such an offense so why shouldn’t the offending city department?

The fine for removing the sign is $500 but what is the fine for posting the sign on a tree?

 

Kevin McGowan Calls Me From the Dog House

This morning I received a phone call from developer Kevin McGowan of McGowan|Walsh. He was calling, as you might guess, in response to the flack over a pet ban in the loft building in which he and other members of his family live (see prior post). For the last week he has been in a PR doghouse.

I’ve known Kevin for some time now and we worked together last year on a team looking at the Gateway Mall. It was nice to have the opportunity to talk with him again. He appreciated my prior post on this take as I presented a “rational” perspective as did some of the comments from others.

Kevin wanted to set the record straight:

  • M|W projects have condo rules similar to most condos downtown or otherwise that allow for pets but place limits no pounds and number of pets. Once the owners take control of the association they are free to change the rules as prescribed in the binding agreement.
  • His building contains 13 residential units with only four of those being owned by a member of the McGowan family.
  • The vote to change the rules in the building was “nearly a year ago” and existing pets were grandfathered in. Kevin says he was not present for the vote.
  • Kevin said he is not an officer in the association now nor was he at the time of the vote.
  • The issue of late has been that a couple of owners wish to sell and claim the no-pet policy is hurting their ability to sell their lofts. Kevin said the requests to change the policy have been too numerous.
  • Finally, he says, he was so “exacerbated” by the repeated requests he recently sent off the email trying to put an end to the issue. Again, he is not an officer in the association but just one of the 13 owners.
  • He and his wife Erin, before having children, had a dog for a good five years. I didn’t ask what they are going to do when their kids want a pet dog.
  • But I couldn’t have him on the phone and not challenge him. I said it seems like much of the debate is over dogs in common areas as well as dogs barking which can be heard in adjacent units. He agreed. So I asked about having a single cat. I offered that a vote to consider keeping a ban on dogs but allow a single cat might appease the owners trying to sell units. He didn’t seem to have considered that option but was not optimistic they’d consider such a compromise. The other thing, we didn’t discuss, is why not have another vote on the issue of pets in the building? If the majority still feel it is a sound policy it will remain. Obviously an association shouldn’t consider and vote on the same subject every month but at some point if an owner asks to reconsider a policy it should be voted on.

    The other thing we discussed was a dog park. It is common knowledge that Kevin was working on trying to get a dog park in Lucas Park for a while. Turns out the city has a policy that prohibits more than 30% of any designated park being separated and used for a dog park. Also, Larry Rice objected to park space being taken away from the homeless. But, he says, he is still working on a dog park because it is good for business. To that end he is looking to set up a non-profit to lease vacant land from the city to use as a dog park where owners could pay a small fee to help cover maintenance. The idea being that non-park land could be used 100% for a dog park. He is firmly convinced a dog park is good in helping attract new residents.

    Kevin mentioned one person that, if we had a dog park, would buy a loft downtown: Mayor Francis Slay. He said, “Francis is a big dog lover.” The issue is many dog owners, the Mayor included apparently, want a place where they can take the dog off the lease and let the dog be a….well, a dog. Kevin says Mayor Slay and his wife would move downtown if we had a dog park. You heard it here first, not in Deb Peterson’s column.

    A couple of other topics came up in our 45-minute conversation. As I had previously posted, McGowan|Walsh is offering free scooters with the purchase of a loft in the Motor Lofts and Packard Lofts. Kevin says they are now extending this to all McGowan|Walsh projects so it includes the GEW building on Washington at Jefferson and the Ballpark Lofts in Cupples Station adjacent to Busch Stadium. Their first order of nearly 200 scooters are expected to arrive in December and they just placed a second order of almost 300 more scooters. Wow, that is a lot of scooters! Kevin says he really enjoys his scooter. Blue Boat Designs on Washington Avenue was given a scooter from M|W and one of the staff, Jon Carlson, told me the other day he is having a blast riding it to work from home near Tower Grove Park. Kevin was excited about the idea of seeing all these scooters running around downtown.

    I just couldn’t let him go without once again bringing up the issue of excessive valet parking downtown. Kevin is an owner in the building where one of the biggest offenders, Lucas Park Grille, is located. His brothers, but not him, are partners in that restaurant. Kevin generally agreed that the valets may be taking too much space and as more and more storefronts become occupied by retailers needing convenient parking for their customers this issue is not going away on its own. He suggested I talk with Ald Lewis Reed on this subject. Good idea as Reed is up for re-election in March so perhaps the matter of valet parking along Washington Avenue can become a campaign issue for him or a challenger.

    – Steve

     

    Readers Don’t Think McKee Will Come Through With Urgent Care, Hospital/Medical School

    October 23, 2019 Featured, NorthSide Project, Politics/Policy Comments Off on Readers Don’t Think McKee Will Come Through With Urgent Care, Hospital/Medical School
    Only one wall of the urgent care facility started a couple of years ago is still standing on the West end of the old Pruitt-Igoe site. Photo from 6:41pm last night.

    Paul McKee’s 3-bed urgent care facility had been under construction, but after a wall collapsed last year it stopped.

    Given aldermen’s failure to do their jobs before Friday’s vote approving tax subsidiesfor McKee, St. Louis taxpayers can only hope those creditors will thoroughly scrutinize the viability of the two-phase medical-complex project McKee proposes for north St. Louis. The first phase of the project, a three-bed urgent-care clinic, will cost $21 million, with McKee having come up with only $8 million in promised credit. The second phase involves building a 103,000-square-foot hospital/medical school. McKee has no funding source in sight for the $73 million he’ll need for that.

    Friday’s vote puts taxpayers on the hook for $4.6 million in subsidies to be drawn from tax-increment financing worked out years ago with McKee after he used shell companies and other means to acquire around 1,500 acres of dilapidated, abandoned north St. Louis properties. Instead of improving those properties, he allowed them to deteriorate while punting property maintenance to the city. McKee offered grand designs for housing projects and retail-office complexes surrounding the new site of the $1.75 billion National Geospatial-Intelligence Agency western headquarters. Those plans fizzled. (Post-Dispatch editorial)

    In the recent non-scientific Sunday Poll readers were skeptical of McKee delivering:

    Q: Agree or disagree: The 3-bed urgent care facility and the hospital/medical school will open by the promised deadlines.

    • Strongly agree: 1 [3.57%]
    • Agree: 0 [0%]
    • Somewhat agree: 0 [0%]
    • Neither agree or disagree: 3 [10.71%]
    • Somewhat disagree: 2 [7.14%]
    • Disagree: 7 [25%]
    • Strongly disagree: 14 [50%]
    • Unsure/No Answer: 1 [3.57%]

    If I were a gambling man I’d say not only will he not deliver, but the deadlines will get extended and the subsidies increased. Twenty-three aldermen voted in favor of Board Bill 103, sponsored by Tammika Hubbard.

    Ayes (23)
    Ward Alderman

    • 1 Sharon Tyus
    • 3 Brandon Bosley
    • 4 Samuel L Moore
    • 5 Tammika Hubbard
    • 6 Christine Ingrassia
    • 9 Dan Guenther
    • 10 Joseph Vollmer
    • 11 Sarah Martin
    • 12 Larry Arnowitz
    • 13 Beth Murphy
    • 14 Carol Howard
    • 15 Megan E. Green
    • 17 Joseph D Roddy
    • 18 Jesse Todd
    • 19 Marlene E Davis
    • 21 John Collins-Muhammad
    • 22 Jeffrey L Boyd
    • 23 Joseph Vaccaro
    • 25 Shane Cohn
    • 26 Shameem C Hubbard
    • 27 Pam Boyd
    • 28 Heather Navarro
    • President Lewis E Reed

    One voted “present”:

    Present (1)
    Ward Alderman

    • 8 Annie Rice

    Three were absent for the vote:

    Absent (3)
    Ward Alderman

    • 2 Lisa Middlebrook
    • 7 Jack Coatar
    • 16 Tom Oldenburg

    Only two had the convictions to vote “no”:

    Noes (2)
    Ward Alderman

    • 20 Cara Spencer
    • 24 Bret Narayan

    Aldermanic courtesy, the process of rubber-stamping legislation in another ward, is alive and well.

    — Steve Patterson

     

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