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John T. O'Connell Comments to BOA
Regarding Publte-Brinkmann LECC Property Development Proposal
BOA Meeting - May 19, 2015
'have a number of comments that | have patiently waited to make regarding this
proposal.
So now it’s my turn to express my view of the swirling issues surrounding this
proposal, | attended the initial public open house, most of the Planning and
Zoning meetings, the public hearing and all the Board of Alderman meetings
where this project has been the topic. | tried NOT to speak ~ early on so as to not
appear to be an Alderman attempting to influence the P&Z process and later
because | have been waiting to see the FINAL plan before drawing a final
conclusion.
| did not make up my mind, | did not make a final decision until now when | am
able to view, digest and understand the final proposal.
THAT'S HOW | MAKE DECISIONS.
Many, many folks have expressed opinions and suggestions regarding the
proposal as it has continued to evolve from that initial view presented last spring,
and it HAS evolved significantly. If this is the FINAL plan, then | am prepared to
speak and when our discussion is over to vote.
As | HAVE said previously, please understand that | did not run ona platform of
“decision by popular sentiment” nor one of “decision by loudest and most vocal.”
If that’s what you thought you were getting, | apologize for your
misunderstanding. | do not believe that popular sentiment outweighs truth. |
offered my service to use my mind and experience to weigh the facts of any issues
and make the best decision | am able to. That’s who you elected.
So now, lest you think | have not been listening at the many P&Z meetings, the
public hearing, and the BOA meetings, let me recap the issues that have been
raised and my view of their significance for Frontenac.I'll start with the Comprehensive Plan. This was a great accomplishment in 2006
by and for the citizens of Frontenac. 40% of our households answered a survey.
Led by outside consultants, approximately 70 people attended each of the first
and second “feedback” sessions. And then the plan was drafted. Contrary to
some assertions, there never was a city-wide (or even a BOA) “vote” “adopting”
the plan. As stated in its introduction, the Comprehensive Plan “establishes a
long-range vision for the changing land uses and design of new buildings with the
community, Itis a decision-making guide... {it] provides a framework for making
development and zoning decisions...” It is 33 pages long, with another 100 or so
pages of appendices. Some see it as a sort of bible for Frontenac development.
And like the Bible, if you look hard enough it can tell you almost anything you
want to hear, and it has contradictions within its content that we faithful have to
reconcile ourselves to and interpret, and there are many questions left
unanswered when you finish it.
With regards to this project, the 2006 Comprehensive Plan does certainly identify
the project zone as an area for special consideration regarding development. It
identifies the area as an opportunity for change and improvement. It
recommends that the area be classified as “Planned Development Residential”
and that provisions be made for future development NOT POSSIBLE under the
current R-1 zoning. It calls out that “..residents are split on the issue of offering
“Life-Cycle Housing”; [whatever THAT is] however a majority believes the addition
of high-end villas would have a positive impact on Frontenac,” [CP Pg. 5] It even
made the following a “Goal Statement”: “Supplement housing types with high-
end villas as needed to meet the needs of the community.” [CP Pg. 7] It even
called out “2-unit attached villas” as an example. [CP Pg. 9] This is NOT R-4 Zoning
by anyone's definition.
Assisted Living Facilities enjoyed some support. In the survey, 45% responded
that “Frontenac benefits from additional housing options to meet residents’
lifestyle changes (e.g. assisted living, senior housing,)” Not a majority, but a
strong minority. [CP App. B Pg, 3] The sometimes alleged “only 3% support
Assisted Living” is purely a misreading of the report. [CP App. B Pg 5].So my consideration of the proposal in view of the Comprehensive Plan is that the
Comprehensive Plan is clearly encourages consideration of villas on the site, and
is basically “mixed” as to support of the ALF.
Qn Traffic:
The proposal as it impacts traffic has evolved significantly over the time it has
been under consideration and review. Regarding possible traffic/congestion on
Spoede Road, as | HAVE voiced, | believe a round-about will alleviate the already
EXISTING issues at the South Outer Road, whether or not they were compounded
in any way by the proposal. Regardless, there’s no longer any curb cut or
driveway onto Spoede, so there’s no funding for such a change and that issue is
moot.
Regarding possible traffic problems/congestion on Clayton Road, | am more
convinced than ever it will not be an issue at all. We had far more traffic
concentrated twice a day IN HIGH VOLUMNN TRAFFIC PERIODS when the LECC
operated as an elementary school and then as a LECC with 230 kids attending,
Was it wonderful? No. Was anyone seeking to close the LECC for the traffic
inconvenience? No again. Did property values and the essential fiber of
Frontenac suffer? No a third time.
A professional traffic engineering firm (hired by the developers which is the
customary practice), with a scientific approach and their professional reputations
on the line, provided a report supporting the ability of Clayton Road to absorb the
impact of the development. Their conclusion: a manageable 4.7% increase
during the AM peak hour and a smaller 3.4% increase during the PM peak hour.
Because of questions asked by citizens, the City spent the money to hire a second
traffic engineering firm to double check the first’s results. Same answer. | believe
their reports. I'm good with that. Traffic is not an issue.On Vista’s or Sight Lines or Visual Appearances — on WHAT IT LOOKS LIKE:
First as to set back distances from Clayton Road:
This is a great example of the proposal evolving over time, in large response to
concerns raised and opinions expressed in the many gatherings. The now-
proposed setbacks from all surrounding property lines conform to CURRENT City
codes, as is. No variance, no concession, and no longer a concern.
the proposal has evolved significantly, as to proposed style of the
structures, the heights, the positioning on the lots, etc., etc., etc. Townhomes —
Out. Residences in banks of 3 or 4— Out. Units stacked close with backyards
fronting on Clayton Road — Out. Attractive villas in pairs? In. First floor living with
masonry exteriors and landscaping maintained, In. A new format for living in
Frontenac —In. A new subdivision, with FEWER homes than Hermitage Hill,
Frontenac Estates, Countryside, Frontenac Woods or Twin Fawns, In.
‘A “Slash at Frontenac’s ambiance” — not to my way of thinking.
Third, as to the ALF:
Regarding objections to the height of the building and the view from the south:
hear and recognize the concern of some of the property owners across the
street directly south of the ALF. What matters to ME is not some absolute height
measurement — but rather relative heights. Again from reviewing the plans and
drawings:
The ALF is what we used to call a 2 and a half story (with the third floor set within
the rooflines.). It is no taller than City Hall; it is set back from Clayton Road about
the same distance. It extends LESS far west than the existing school. Said another
way — the villas will bring residential homes further EAST on Clayton Road than
any of us have ever seen. It provides a step-down bridge from City Hall down to
the villas and residential — a far better bridge than an abandoned school building.
| know some have advocated for moving the ALF to the northeast corner of the
property. | did not favor that because the villas will become a new Frontenac
neighborhood, part of our community. | did not prefer the idea of the ALF traffic
running thru a Frontenac neighborhood. [But, if that’s the proposal before us, |
will not vote no for that single reason.]As to Density:
J appreciate the P&Z Commission’s efforts, and the Developers’ responses in
achieving changes through the various iterations presented — changes to density,
materials, elevations, roof lines, etc. The density now-proposed for the villas is.
now LESS THAN in our R-2 zoning in West-End Park (which is 6 residences per
acre.) This is down from the original proposal of 7.32 residences per acre to now
be at 4.5. Does this match what the Comprehensive Plan Committee suggested as
an example of density to consider? [3.5/acre — CP Pg 32.] No, but it’s pretty darn
close.
The current zoning of the site is R-1, meaning 4-acre, free-standing residential
lots. There have never been 1-acre homesites on the property in the history of
Frontenac, and | am sorry but | believe there NEVER WILL BE 1-acre free-standing
homesites, 1-acre homesites to me is an unfortunate, economically infeasible
pipe-dream, regardless of the underlying land acquisition costs.
| believe this site will be remain abandoned, deteriorating, eyesore of a school,
until it someday is developed in some planful way, or it is rented out to some
third party school and we're back to the good old days of traffic snarls twice every
weekday, or worst yet — the School District repurposes the property to their own
use ~ an office building, a bus parking lot, a maintenance yard ~ all of which they
can execute on without so much as a nod to the City, the neighbors, or anyone
else.
Two years ago, based on drawings of an aggressive developer's own pipe-dream
the City shied (really galloped) away from an overblown commercial
development, Plan A was dead before it ever reached City Hall — which in fact it
never did. Now we are poised to decide on Plan B. With all due respect | do not
think there’s a Plan C coming. The Ladue School District has put that in writing.
There’s just the status quo until the roof caves in, the school is rented out, or the
property is repurposed,There have been quite a few folks who have expressed skepticism regarding
various inputs to our decision. The have doubted our public safety departments’
capacity, the traffic studies, they have doubt the staffing plans and the parking
provisions, they have doubted the design themes, they have doubted the number
of beds in the ALF, Let’s go through those QUICKLY.
Fire/EMS/Ambulance Capacity
Our Fire Chief reviewed the development plan and has approved it. The stub
streets are acceptable to him. Our ambulance capacity is far underutilized.
‘Ambulance trips to Frontenac residences and businesses averaged less than
1.5/day last year with about 0.6 trips per day requiring transport to a hospital.
The City has polled other cities with similarly-sized ALF developments and they
report 3-6 calls per week. Using the high-side estimate, and assuming ALL those
calls require transports we would be up to about and 2.4 total runs including
about 1.5 transport trips per day. | am confident that our public safety team Is
correct - they will not be taxed by this development. Not an issue.
Staffing and Parking
Some expressed doubt regarding the staffing and parking needs of the ALF. The
proposed staffing meets with state licensure requirements for an ALF. Not for a
licensed Nursing Care facility, but Yes for a licensed ALF. Further the City staff
polled other cities with similar ALF facilities which resulted in confirmation of the
staffing levels. Apples to Apples, ALF to ALF, not ALF to Nursing Care, the staffing
expectations are credible.
Parking in the proposal is higher than in comparably-sized ALF developments. |
know—| COUNTED SPACES! Will there be busy days ~ holidays... etc.? Yes, that’s
comprehended in the Ordinance. Might there be overflow onto City Hall’s lot on
holidays? Possibly. Might there be overflow onto the ALF’s lot when we have
large meetings at City Hall? Possibly. [But maybe not given the longer walk now
contemplated] (We have overflow tonight onto the church lot next door.)
Would | prefer they build a parking lot big enough to handle their ANNUAL PEAK
parking? Build it for Easter Sunday & Passover? Absolutely NOT. Not an issue to
me.Design themes
Some have said “those pictures ~ that's not what they'll really build. That may
very well be true. In the City’s process of development, a step that comes AFTER
approval by the BOA has the developers seeking approval by our Architectural
Review Board. So are these drawings the final renderings? No. Will there be final
design specifications approved by the ARB? Yes. Will the developers conform to
the final specs — you betcha they will or they'll never be allowed occupancy. Not
a real issue.
Number of beds in the A
106. 106, 106 max. That's what the Ordinance provides for. The potential for
expansion provided in the licensure process from Jefferson City has NOTHING to
do with our Ordinance. Our Ordinance says 106. The building will be bullt for
106. The capacity cannot be expanded without City/BOA approval. The
occupancy cannot be increased without City/BOA approval. They CANNOT do it
on their own and nothing in the Ordinance allows them to, Not a real issue,
General $ & cents
This is NOT a proposal that is being entertained by me for its financial benefits,
but let’s clarify the actual financial impact on the City,
Sales Taxes
Other than perhaps a gift shop, there will be NO sales tax revenue generated from
this site. Effectively: Revenues from Sales Taxes are unchanged.Real Estate Taxes
The villas and the ALF will be subject to real estate taxes, assessed per state
regulation at the residential rate.
WHAT I’M ABOUT TO SAY MAY STILL SURPRISE SOME OF YOU, SO PLEASE LISTEN:
The City’s revenues will benefit from the real estate taxes on the development —
both villas and ALF — for ONE YEAR ONLY, if the total real estate taxes assessed in
the first year totaled $60,000, then IN THAT FIRST YEAR the City will receive a
ONE-TIME $60,000 boost. Under Missouri’s Hancock Amendment (passed in the
1980) the VERY NEXT YEAR, the development property, and ALL OTHER properties
in the City would enjoy a reduced real estate tax rate — wiping out the extra
$60,000 to the City by sharing it back to all tax payers. So... Real estate tax equals
aone time/one year benefit to the City, and then about a 5% reduction in every
property's City real estate tax rate, and some further reduction other real estate
tax rates — the Ladue School District real estate tax, for example.
Utility taxes
To the extent the development uses taxed utilities — electricity, gas, phone, water
— there will be a minor benefit to the City.
Pilot — Payment in Lieu of Taxes
This is the only material permanent financial benefit the CITY enjoys from the
proposed development. $125,000 to $135,000 per year. It will be written into
the Ordinance. It will be unavoidable. It is a pleasant bit of revenue. It is not
enough to get very excited about when some in the state senate want to take
away $800,000 in sales tax revenue, but it is a positive payment. PILOTs are
voluntary (until they’re put in writing) and are a way to get cities to accept
development when the city might otherwise prefer development that generates
sales tax revenue. In this case we're offered a PILOT even when we've shown a
clear preference AGAINST retail development on the site.
Added Expenses to the City.
Ican’t find any.‘ifs, Abatements, street Improvements, etc.
The CITY is NOT granting any tax abatement, it is not creating a TIF. The required
street improvements will be on the developer's nickel and NOT expenses of the
City.
Have I left anything out? | hope not.
Ido have one last comment to make. It is a personal disclosure. | have reviewed
this with the City Attorney, and he concurs with my reading of the situation.
Lam in no way required to make this disclosure, but | am doing so anyway.
Here goes:
lama friend of Bob Brinkmann. That does not disable me nor disqualify me from
exercising my independent judgment of these matters. It does give me insight
into the man and the insight is positive —he is an ethical, responsible, caring man,
and a reputable builder and developer.
Bob Brinkmann is also a party to a financial transaction | am entering into. Either
Bob or one of his companies will likely be investing ALONGSIDE me in a
transaction to buy and lease out an airplane. NOTHING in that transaction has
anything to do with this or any other Brinkmann project or development,
financially or otherwise. The success or not of Brinkmann financially has nothing
to do with my investment or its outcome. | am not investing in Brinkmann in any
way; lam not receiving any benefit from Brinkmann in any way. We are two of
several equal partners buying an airplane, This also does NOT disqualify me from
exercising my duties as an Alderman on this issue.
Ido have a duty to make independent decisions based on the facts, and that’s just
what | am doing.
{will vote Yes on the Ordinance.