Multi-use building project left in limbo by unofficial moratorium

Jon “T.K” Livingston wants to raze his three aging rental properties just east of the intersection of Locust and Hitt streets and erect a mixed-use building.

The structure, which would provide first-floor business/retail space, basement storage and second-floor residences, falls within the downtown area included in the recently completed Columbia Campus/City Opportunity Study conducted by Sasaki Associates of Boston, commissioned and paid for by the city, Stephens College and the University of Missouri. Livingston’s proposal appears to meet the criteria outlined in the study, also referred to as the “Sasaki Report,” which calls for mixed-use zoning in the eastern edge of the downtown area.

However, Livingston has found that getting the required zoning he needs is a frustrating process.

“I hope this doesn’t happen to other developers,” Livingston said. “I’m a small individual, and I don’t have deep pockets. I’ve been told by city officials that I could spend $100,000 drawing up plans and still not get approved.”

According to Livingston, the city’s planning and development director, Tim Teddy, told him he would have “no problem” getting the required C-2 zoning to move forward with the project. But at a February Columbia City Council meeting, Livingston said, “The Mayor said no.”

Mayor Darwin Hindman said he doubts that Teddy made any guarantees to Livingston. “I was not there when they spoke, but, at the very best, you are speculating on any council decision,” Hindman said.

Livingston has written letters to the mayor, City Manager Bill Watkins and others, trying to get a grasp on exactly what he needs to do to win zoning approval. “I’m not opposed to working with the city; I just need some direction,” he said.

Hindman confirms that he has received letters from Livingston but counters that the city staff is currently working on a plan for him. “The staff is trying to come up with something to get this worked out somehow,” Hindman said.

At the May 7 City Council meeting, Livingston said, “Three or four city council members pulled me out into the hallway and told me they supported me.” However, according to Livingston, when he stood before the council to make his plea for commercial zoning, Hindman opposed the project again. “I felt like a deer in the headlights. Even though council members had sided with me in the hallway, when the mayor says no, it shuts you down.”

Hindman could not recall the particulars of Livingston’s May 7 zoning request but did say that long before Livingston’s proposal was made, Hindman had been calling for a freeze on re-zoning. “Well, I had proposed that we have a moratorium long before May 7. Livingston’s application came up just after we’d been with Sasaki. The thing we don’t want to have happen is something that is incompatible with Sasaki. This makes the C-2 zoning no good,” Hindman said.

The crux of the matter for Hindman is that, despite what Livingston said he will do with the property, once it’s zoned C-2, anything could happen. “He could sell it; he could drop dead. He said he’s building a multi-use project, but we don’t know that’s what he’ll do,” Hindman said.

In addition to recommending a plan for future business development in the downtown/college/university area, the Sasaki Report also recommends a “pause” in zoning requests to “coordinate implementation strategy.” While it appears that Hindman favors that pause, 5th Ward council representative Laura Nauser has pointed out that it could take months or years to develop and implement a strategy.

Although Livingston’s proposed mixed use of his property appears to be in line with the Sasaki report, the majority of the council members are still reluctant to approve it. “Let’s have planned zoning. Let him submit plans. It’s more expensive; there’s no question about it,” Hindman said.

Livingston is now turning to others for assistance. He said that the downtown business association is going to annex his property into “The District.” In addition, Livingston is talking to other downtown merchants, former council members and architects to try to come up with a plan that will fly with the City Council.

“Next time I go through a meeting, I’m going to supply them with exactly what they want, and then maybe they can give me better direction,” Livingston said.

After more than a decade, Shiloh Bar & Grill owner Tom Atkinson will be losing his lease at the end of the year.
Landowners Jack and Julie Rader are vague about their future plans for the land at the corner of 6th and Elm streets but confirm that they will follow the guidelines in the Sasaki Report. Shiloh currently occupies land slated for a “garden district.”