ASHBY HIGHRISE LAWSUIT: IT’S ON! Gee, who’da thunk it would come to this? “The developers of the Ashby high-rise sued the city of Houston today seeking more than $40 million in compensation after repeated denials of their permit application. ‘The city must learn that it cannot misapply the law to please a select few or to achieve de facto zoning regulations that our community has consistently rejected,’ said Kevin Kirton, the chief executive of Buckhead Investment Partners Inc., the company that sought to build the 23-story tower at 1717 Bissonnet near Rice University.” [Houston Chronicle; previously on Swamplot]
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Development Restrictions
Will the Houston Dynamo get to build their stadium in East Downtown — or off Westpark, near the Galleria? So far, the odds are . . . neither. The final go-ahead for building a soccer stadium on the EaDo site will require county commissioners to formally join the new East Downtown TIRZ (boundaries shown outlined above). But they can’t vote on that proposal until commissioner El Franco Lee puts that decision on the agenda. So far he hasn’t done that — and he apparently won’t talk to the press or constituents about his intentions.
Meanwhile, over in Bellaire, city officials are rushing to put in some “stop-gap” zoning changes to the Research and Development District at the northern edge of the city. Most of the site of Midway Companies’ proposed Dynamo Stadium development there lies within Houston city limits, but a small portion on the east side is apparently in Bellaire’s RDD.
What sort of zoning changes are being discussed? Instant News Bellaire‘s Angela Grant explains:
The new Comprehensive Plan envisions the RDD as a mixed-used urban area that includes residential, retail and offices, along with METRO’s future light-rail station. But as the zoning codes are currently written, developers could construct car lots, warehouses or other things that conflict with the “urban village†idea. . . .
The main change would be that developers wishing to construct residential, commercial or mixed-use buildings would need to go before the city in a planned development process to have their ideas approved before moving forward. The city would get a chance to review the plans, consider whether they conformed with the Comprehensive Plan, and reject any developments that did not.
- East Enders appeal to El Franco [Off the Kuff]
- Residents: County Commissioner stalling Dynamo stadium construction [KHOU.com]
- City Moving To Protect RDD From Undesirable Developments [Instant News Bellaire]
- Bellaire mayor challenges Dynamo stadium plan; others on board [Bellaire Examiner]
Map showing outline of TIRZ 15: Gensler (PDF)
COMMENT OF THE DAY: LOTS CLEARED BY UNFORCED ERROR “In my neighborhood there is one empty lot where a developer purchased a really lovely old home, deemed it a “teardown,†and THEN found out that deed restrictions prohibited subdividing the [really] large lot. . . . On the other hand, if the potential buyers of the land in my neighborhood had done their due diligence at the beginning (when the estate was being probated the buyers were lining up, it was nuts), perhaps the old ranch house would have been renovated, or a new single home would have gone up, appropriate for the neighborhood. Now the land is empty save the old citrus trees and tumbled down brick wall at the egdes of the yard. And the owners get to pay property taxes based on their inflated valuation of the land, and keep it mowed, too. Maybe the present day lending restraints will prohibit such magical thinking by developers in our old neighborhoods. Meanwhile there are plenty of undeveloped lots laying around because the original plan didn’t quite work out the way the buyer intended.” [Karen, commenting on A Sunset Heights Lot Size Turf War]
Thursday is a big day for the Ashby Highrise:
Developers Matthew Morgan and Kevin Kirton, of Buckhead Investment Partners, will appear Thursday before the General Appeals Board, a city panel that hears appeals of permit denials. They will ask for approval of a 23-story building at 1717 Bissonnet with more than 200 apartments, a restaurant, a spa, retail space and offices, which the city repeatedly said would worsen traffic congestion to unacceptable levels.
In August, the city approved modified plans that stripped out all of the commercial uses except the restaurant. The developers have not picked up the permit, however, and said Tuesday that they still want to build the original project.
What’s the difference between the plan approved by the city and the original design Buckhead is still pushing for?
NOT ON THE BALLOT The Chronicle sneaks a general question about “land-use restrictions” into its Zogby-run poll of likely voters for the city’s November elections. “Out of 601 people surveyed between Oct. 12 and 15, 71 percent said they strongly or somewhat agree that ‘Houston should enact tougher land use restrictions.’” [Houston Chronicle; details]
A reader writes:
A new development sign went up recently in Midtown. It’s a variance notice regarding a lot bounded by Chenevert, Anita, and Hamilton streets adjacent to Baldwin Park. The developers name on the variance notice (#53 on the July 9th variance meeting) published at Houston P&D is “Treemont Homes”. Interestingly, no such builder seems to exist either in the business directory or with an online presence. Tremont Homes, however, does exist and, I believe, was involved in the Tremont Tower fiasco a few years back in Montrose. I am currently trying to determine who “Treemont Homes” is and who the principals are and if this could be another mortgage fraud/shoddy building/screw the people type of project.
Any help you could offer is appreciated.
The variance request is for a 5-ft. setback along Hamilton St., the 59 feeder road — which typically requires 25 ft. Hamilton Court would consist of 20 single-family lots on an L-shaped 0.78-acre property. The item was deferred until the July 23rd planning commission meeting, on the request of the planning staff.
- Previously in Swamplot: Tremont Tower coverage, The Lemon Lady Goes to Washington
Photo of sign at Chenevert and Anita: Swamplot inbox
SMALLER SIGNS IN HOUSTON’S FUTURE Approved by City Council yesterday: Big changes to the city’s sign ordinance. “The ordinance, which applies only to signs on the premises of area businesses that go up after Sept. 1, diminishes the maximum allowable height and square footage of signs by nearly half in certain cases, eliminates roof signs and regulates electronic displays, among other more specific rules that will apply to shopping centers or other multi-tenant locations.” [Houston Chronicle]
More action in the ongoing battle over the Washington Ave. Spec’s: Responding in kind to the lawsuit filed against his company by the Harris County District Attorney in March, the owner of Spec’s has filed his own complaint against the city of Houston and Harris County.
The new countersuit claims that by granting the store permits, the city had agreed to allow the Spec’s at the Washington and Westcott roundabout to sell alcohol — even though the property was less than 1000 ft. from Memorial Elementary School. According to a city ordinance, only establishments earning more than half their revenue from food sales are allowed to sell alcohol within 1000 ft. of a school.
Spec’s owner John Rydman says the city agreed to issue the permits to sell alcohol at the store
even though the proximity to the school was noted on the application. He said he renovated a building and entered into a five-year lease at a cost of $2 million based on the assumption that the permits were valid. . . .
In a previous interview, Rydman said he knew of the potential problem and would not commit to build out the property or to sign a lease unless the city agreed to a variance. When the permits were granted, he said he thought all obstacles had been cleared.
The Harris County Attorney’s office contends that the granting of the permit was a simple error — and Spec’s officials knew it.
Meanwhile, a Swamplot reader writes in with a few pointed questions about the roles of the building’s owner and leasing agent in the dispute:
COMMENT OF THE DAY: THE SUPERMARKET STANDSTILL IN TIMBERGROVE “Outside of internal remodels, they can’t do anything with the [H-E-B] Pantry location [at T.C. Jester and 18th St.] except leave it. The Shopping center along with the one located across the bayou (old K-Mart) are located in the Floodway (not just floodplain). There isn’t much they can do [to] those [sites.] HEB would need an entirely new location.” [kjb434, commenting on Buffalo Modern: The New H-E-B in West U]
GROWING PROPERTY LINES ON THE BEACH The owners of more than 2 dozen properties on the Bolivar Peninsula have been planting grass and shrubs along the edges of the dunes on the seaward side of their land. Why? The General Land Office prohibits new construction beyond the natural vegetation line. “‘The front row (of beach houses) is gone, and they are hoping to establish the vegetation line where it was before,’ said Dan Peck, 54, whose neighbors planted a swath of grass about 250 yards long. . . . Peck’s house in the Singing Sands subdivision near Crystal Beach was in the fourth row from the beach before Ike swept away the front three rows of houses Sept. 13. The vegetation line is established by the General Land Office, but Land Commissioner Jerry Patterson said he may wait as long as two years after the storm before marking the formal line that could determine the fate of many Gulf properties.” [Houston Chronicle]
COMMENT OF THE DAY: WHERE WILL ALL THE STRIP CLUBS GO? “The city seems to be acting fairly slowly on this (perhaps the right word is methodically). I wonder where these places will migrate to… Unincorporated parts of Harris County? Industrial areas, far from residents, churches, and schools? It seems unlikely that they’ll just disappear.” [RWB, commenting on The Great Houston Strip Club Crackdown]
THE GREAT HOUSTON STRIP CLUB CRACKDOWN The arrests last week of 6 dancers, the DJ, the manager, and the “house mother” at the All-Star Men’s Club on the corner of Winrock and Westheimer — along with legal action against the club for operating a sexually oriented business without a license — are the latest rounds: “‘This is part of a bigger effort by the White administration to use the powers that are available to the city to protect and improve the quality of life in the city’s neighborhoods,’ said private attorney Patrick Zummo, who was hired by the city to help enforce its sexually oriented business ordinance. ‘We are working on another lawsuit that would include many of those businesses that are operating illegally, and which will probably be filed in the next couple of weeks.’ . . . Frank Michel, a spokesman for Mayor Bill White, confirmed Friday’s legal action is the beginning of an offensive against sex clubs that operate in areas where they would not qualify for a city license.” [Houston Chronicle, via Boyd’s Blog]; previously in Swamplot]
Sure, Mary Ellen Carroll is gonna pick up this Sharpstown lot across from Bayland Park and the house on it and rotate the whole thing 180 degrees. Oh, and then there’s gonna be that hydroponic curtain-wall fencing system and the solar and geothermal systems and the wi-fi cloud and the fancy door hardware and the bees and all. Still gotta meet the local deed restrictions.
- Mary Ellen Carroll on working with the neighbors [Arts in Houston]
- Think Again [Gourmet]
Video: Douglas Britt
COMMENT OF THE DAY: HISTORIC PRESERVATION, DALLAS STYLE “. . . Conservation Districts have existed in the city of Dallas since 1988. These districts exist primarily in East Dallas and Oak Cliff.(which are areas primarily developed before 1940) They concentrate on protecting such things as architecture styles, densities of the area, heights of structures, and setback guidelines. The process to become a conservation district typically takes 12 – 18 months from the initial authorizing of a study until the adoption by the city council. These districts are similar to and often compared with historic districts. While exhibiting comparable characteristics, the two are quite different. Historic Districts look to preserve the original structure exactly as when it was first built. They also attempt to preserve original materials, colors, styles, and other elements of the original structure. Conservation districts wish to maintain certain standards of an area. . . .” [JT, commenting on The Woods Back Off: Freeland Bungalow Free To Be Sold Again]
WASHINGTON AVE SPEC’S: TOO CLOSE FOR SOUTHERN COMFORT The Harris County Attorney’s office filed suit last week, demanding the Spec’s Beer and Wine store at 6100 Washington Ave. — near the Westcott roundabout — be shut down. The new store is within 1000 ft. of a school. How’d it get there? “In December 2007 [Spec’s owner John Rydman] sent a letter explaining his intent to the school — Memorial Elementary — and put in an application with the city. To his surprise, the city said yes. He said he assumed that since the proposed store was a couple of blocks away, across a major intersection and not even visible from school property, the city had granted him an exception to the rule. He said he double-checked to make sure there were no problems and was assured that neither the city nor the school district opposed the prospective store. About $400,000 later, and on the hook for a lease totaling $2.4 million more, Rydman now finds himself at odds with the state, which wants to yank his license. The law is the law, says the Texas Alcoholic Beverage Commission, and since a formal variance was not given by the city, Spec’s is violating it.” [Houston Chronicle]