LL Investments LLC will be allowed to construct an apartment complex near the intersection of Seckman Road and Old Lemay Ferry Road in Imperial after a nearly three-year-long legal battle with Jefferson County.
Nathan Smith, owner of LL Investments LLC in St. Louis filed the lawsuit on July 13, 2022, in the Jefferson County Circuit Court. In the suit, he alleged the Jefferson County Council improperly denied his petition to rezone the property and develop an apartment building there.
The development, called West Elm Place, initially called for a three-story, 24-unit complex to be built on a 1.48-acre tract on Barbagallo Place. According to prior Leader reporting, the proposed complex was denied because it did not fit with the neighborhood and would increase vehicle traffic, among other issues.
Jefferson County Div. 2 Circuit Judge Ed Page issued a judgment in the suit on April 22, declaring that the County Council should review the original vote in 2022 on West Elm Place, and that LL Investments and the county will both have to bear the costs of legal fees.
Page also said in his judgment that when the developer and county came to a mutual agreement about the rezoning and development plan for the complex, he would sign off on it.
The council reviewed the original petition at an April 17 closed meeting and voted 6-0 to reverse its previous decision, approving the development and rezoning request from planned unit development to planned mixed district. County Councilwoman Lori Arons (District 3, Imperial) abstained from the vote.
Arons said she was a founding member of the JeffCo Voters Voices for Responsible Development Facebook group and helped organize the protest against the apartment complex three years ago, before she was elected to the council.
Assistant county counselor Jason Cordes, who receives a salary, defended the county in the suit, and attorney Robert Sweeney with the Sweeney Law Firm represented LL Investments.
Change of plans
Both parties in the suit agreed to a modified development plan for the site.
Instead of 24 apartment units, the development will now have 20 units and include at least 6,000 square feet of commercial space on the first floor. Businesses eligible to fill the space will be limited to an approved list from the county, according to legal documentation.
The planned mixed-use zoning allows for the development of multi-family dwellings, along with businesses that usually attract lower levels of foot traffic, like flower shops, bakeries, dental or medical offices, barber shops, bookstores, game shops or accounting offices.
Smith, who has owned LL Investments for 23 years, said more people are looking at smaller rental options due to higher inflation, interest rates and higher median home prices.
“Some people are just not ready to buy, but does that mean we have to make it so they can’t live in Jefferson County?” Smith said. “We are proud that Jefferson County chose to look to the future and partner on this opportunity. This is truly an act of partnership between the developer, County Planning and Zoning, legal counsel and the Jefferson County elected officials.”
Another condition of the consent judgment is the aesthetic appeal of the complex. The building will have a brick and stone facade, along with black composite windows for energy efficiency, according to legal documents. The top-floor units will have vaulted ceilings.
“It’s not the average apartment complex – it’s a small boutique-style with a high-end feel to it,” Smith said.
He said he already has a list of people interested in living at West Elm Place.
While Smith said there is no construction start date scheduled, the project is “in the hopper,” along with several other development projects.
Bigger picture
West Elm Place reflects the county’s shifting stance on mixed commercial and residential areas.
According to the proposed Visualize Jefferson County Master Plan, the county will provide incentives and foster partnerships with developers looking to create mixed-use developments that include “affordable housing, commercial spaces and public amenities in areas served by existing infrastructure.”
“Jefferson County can foster a thriving and sustainable future by supporting mixed-use development in key areas served by existing infrastructure,” the plan states. “This approach concentrates growth in designated areas, creating compact and accessible communities that minimize urban sprawl, thereby compromising the rural character of these areas.”
The Planning and Zoning Commission will consider the proposed master plan at a special meeting on May 15, most likely making a recommendation to the County Council to either approve or deny the plan.