11/06/12 3:46pm

The Canadian developers behind an on-again-off-again 84-unit condo project planned for a 1.4-acre wooded property at the end of E. 5th St. adjacent to the Heights hike-and-bike trail have withdrawn their variance request to build a private street for a new Emes Place subdivision. But neighborhood opponents of the project, called Viewpoint at the Heights, may like Group LSR’s newest plans less than the ones they had been fighting against. The Planning Department’s Suzy Hartgrove tells the Leader’s Charlotte Aguilar that the developers of the Serento and Piedmont at River Oaks now plan to construct a public street over a bridge and build their own cul de sac. The latest plans make no mention of the size of condo the company is proposing. And if the new design meets city standards, the city’s planning commission wouldn’t have an opportunity to require any site changes on the project when it comes up for approval this Thursday.

Photos: Swamplot inbox (site and trail); Charlotte Aguilar/The Leader (variance sign)

10/22/12 3:08pm

FUNERAL BARS GET THEIR DAY IN COURT The long-simmering legal battle between 3 bars carved out of the remains of the former Settegast-Kopf funeral home on Kirby and 51 nearby residents is scheduled to go to trial next week. The residents and association of the David Crockett subdivision, which includes Roak, Hendricks Pub and Eatery, and OTC Patio Bar within its boundaries — as well as tony Ferndale, Virginia, and Lake streets west of Kirby — are seeking to enforce the neighborhood’s deed restrictions, which prohibit alcohol sales and activities considered a “nuisance.” In a countersuit, the bar owners are alleging racial discrimination, complaining that the neighborhood has not enforced the same restrictions on the Owl Bar and Cafe Express, both of which also serve alcohol. Bar attorney Paul Pilibosian tells reporter David Kaplan that the bars’ lease will expire in a year and a half. The bars do not currently have an option to renew, but Pilibosian says they are seeking ways to stay longer in their current locations. [Houston Chronicle; previously on Swamplot] Photo of Roak pool: Sarah Tressler

08/07/12 11:58am

How difficult will it be for developer Sandy Aron to fit the 6- or 7-story apartment complex he’s planning for the lakeside site of the shuttered Vargo’s Restaurant at 2401 Fondren into its peacock-filled Piney Point Village neighborhood? Last month the owner of Hunington Properties was forced to send plans for the complex back to the architects at the Steinberg Design Collaborative so that they could add an emergency vehicle lane inside the property — after residents of the 15-townhome community directly to the east voted to deny driveway access to the proposed development from Woodway. And last night other neighbors gathered in front of teevee cameras to voice general complaints about the plans for Vargo’s on the Lake, which according to abc13’s report has now been cut back to 288 units from 312. Deed restrictions established in the seventies will require the apartments to sit back 50 ft. from the lake on the property. Aron told the Houston Business Journal last month that he expected to close on the land — which he’s buying out of bankruptcy — in late August.

Photo of Vargo’s back yard: Rolando Silva

06/13/12 12:45pm

University of Houston officials have asked Metro to move a portion of the Southeast Line, currently under construction, off its planned route — and off campus. Work on portions of the line on Wheeler and Scott streets near Robertson Stadium came to a standstill 2 months ago, West U Examiner reporter Michael Reed notes. Metro and UH officials have apparently been negotiating on the layout of the light-rail route since that time, but so far, according to Reed, there’s been no agreement.

Metro’s planned design for the line requires the transit agency to purchase a total of 4.48 acres of UH property, much of it in a strip along the eastern side of Scott St., just west of the stadium. A plan submitted to the Department of Transportation for funding last year shows the line and a Scott/Cleburne station on the east side of Scott St., on part of what’s currently a stadium parking lot. (The map, below, also shows that Metro adjusted the plan from a 2008 layout that would have eaten up more UH property.)

CONTINUE READING THIS STORY

05/07/12 3:16pm

JUDGE TO HOA: YOUR POTBELLIED NEIGHBOR CAN STAY 60-lb. porcine Spring resident Wilbur Sardo will not be exiled from The Thicket at Cypresswood subdivision — because his presence in the neighborhood does not violate the local deed restrictions, a Harris County judge ruled today. The pig’s attorney, HOA law specialist Mitchell Katine, tells Chronicle reporter Erin Mulvaney that the decision in the lawsuit filed by the animal’s owners marks “the first time a Vietnamese pot belly pig has been recognized as a pet in court.” The neighborhood’s community improvement association had argued that Wilbur counted as livestock, and was therefore prohibited. The Sardo family began an extensive media campaign around its quest to keep Wilbur after receiving a notice from the association last year that it would be subject to fines of $200 a day if it continued to keep their pet at home. [NewsWatch; previously on Swamplot] Photo: iWilbur.com

04/26/12 11:48pm

COMMENT OF THE DAY: HOW THE GAME IS PLAYED “This is awesome! This is what makes Houston entertaining. With no zoning rules in place, our residential landscape is essentially open to a free for all when it comes to building. Residents have little or no protection against what can go up right next to them. SO what do you do to protect your current neighborhood, you get creative and fight back. Just as the developer has as much of a right to build there, the community also has the right to reject or stop it any legal way they can.” [MericaRulz, commenting on A List of Gentle Ashby Highrise Protest Methods]

04/26/12 11:49am

A LIST OF GENTLE ASHBY HIGHRISE PROTEST METHODS A settlement of its lawsuit with the city earlier this year guarantees that developers of the 21-story residential highrise planned for the corner of Ashby and Bissonnet (at right) next to Southampton will be able to receive building permits. But Culturemap editor Clifford Pugh reports that neighbors still opposed to the project have approved and sent a letter to the developers of the highrise at 1717 Bissonnet that includes a laundry list of the proposed tactics they plan to take to stop the project from being built — or to make things difficult for the company, Buckhead Investment Partners, if it proceeds with the project. Among them: filing their own lawsuit against the developers; appearing at the businesses and homes of the project’s investors and lenders (“as soon as we can identify [them]”), contractors, and other service providers to demonstrate opposition; monitoring and reporting construction violations; picketing the building’s leasing office whenever it is open; sending regular communications to tenants “to let them know that they are not welcome in our neighborhood”; challenging the permits of the building’s restaurant tenant; boycotting the restaurant and — if it’s a chain — all of its other locations; appearing at the homes of the restaurant’s owners, investors, and chef to demonstrate opposition; and (possibly worst of all:) posting “unfavorable reviews” of the restaurant online. [Culturemap; more from the West University Examiner; previously on Swamplot] Photo: Candace Garcia Update, 10 pm: The most recent draft of the “open letter” has been toned down a bit, reports the Chronicle‘s Nancy Sarnoff. The new draft makes no mention of the homes of the project’s investors, lenders, contractors, and service providers, or its restaurant’s owners, investors, or chef; says the leasing office will be picketed only “regularly”; and (most notably) drops any suggestion that area residents might post negative restaurant reviews online.

04/12/12 5:25pm

MONTROSE DISTRICT BATTLE HEADS TO COURT The owner of a 6-unit apartment complex in Montrose has filed suit against the Montrose Management District, hoping a court decision will help shut down the taxing entity. A petition calling for the dissolution of the district was delivered to the organization’s managers last September. It contained 988 signatures — accounting for more than the required 75 percent of the district’s assessed property values, according to district opponents. But the district says the 75 percent threshold hasn’t been met, because its count includes the value of residential properties in the total. The lawsuit says including residences to figure the 75 percent threshold is “perverse,” since the district can only assess taxes on commercial property. [Houston Chronicle; more info; previously on Swamplot] Map: Stop the District

03/13/12 1:18pm

LAWSUIT CLAIMS PINEY POINT VILLAGE IS USING HUNTERS CREEK VILLAGE AS DETENTION POND A waterflow restrictor the city of Piney Point Village secretly installed in a new stormwater system it shares with Hunters Creek Village is now the focus of 2 separate lawsuits. The latest, filed last week, includes claims that the bricked-up storm drain — narrowing a culvert under Hedwig Rd. connecting the 2 Memorial villages from 36 to about 8 inches — effectively turns Hunters Creek Village into a stormwater storage facility for its downstream neighbor. Piney Point Village officials claim the restrictor prevents Hunters Creek from draining more water from Kemwood Dr. through the new culvert than the 2 municipalities had originally agreed upon. Rainstorms on January 9th and 25th flooded Kemwood with 4 ft. of water, which backed up into residents’ yards. Hunters Creek’s second lawsuit calls the narrowing of the culvert “deliberate sabotage” put in place to force the city to sign off on a drainage study. [Memorial Examiner] Photo of Kemwood at Hedwig Rd.: Rusty Graham

03/13/12 11:35am

Neighborhood residents hoping to weigh in on the details of the proposed settlement announced 2 weeks ago in the lawsuit filed against the city of Houston by the developers of the proposed Ashby Highrise were greeted at last night’s meeting with Mayor Parker with news that the agreement had already been finalized. The settlement requires the city to approve and permit a 21-story mixed-use tower at 1717 Bissonnet St., as long as the predicted traffic it generates meets a few prescribed limits. The agreement also puts a few restrictions on traffic flows in and out of the building on separate driveways facing Bissonnet and Ashby St., and requires developers to build an 8-ft. fence and camouflage the 5-story parking garage behind it with greenery where the building backs up against homes on its south and east sides. Also included: some lighting and noise-mitigation requirements, and a free morning and afternoon weekday shuttle service for the project’s future residents to and from the Med Center.

CONTINUE READING THIS STORY

03/09/12 12:27pm

A few homeowners in Katy’s Nottingham Country subdivision have now filed 2 separate lawsuits against Kickerillo Company, Inc. — the successor company to the firm that originally developed the subdivision in the 1970s. In 2010, Kickerillo transferred a strip of land along the southwest side of Mason Creek to the Harris County Flood District; the agency plans to build a 10-ft.-wide, $3.25 million trail along the waterway. The trail would allow bikers and hikers a clear path from the Kingsland Park & Ride on I-10 near Mason Rd. to George Bush Park. In a couple of news reports covering the controversy last year, Harris County Commissioner Steve Radack declared that the land along the waterway, which passes beyond the backyard fences of many Nottingham Country residents, now belongs to the county. A county attorney said that homeowners’ claims to the property resulted from a “misreading” of the plat.

CONTINUE READING THIS STORY

01/04/12 12:34pm

Walking by the vacant site on the corner of Binz and Chenevert on the way to Hermann Park, reader David Hollas notes that the large sign advertising a 75,000-sq.-ft. medical-offices-and-retail development planned for the site has been taken down. Meanwhile, the surrounding neighborhood has been peppered with Ashby-Highrise-style signs protesting Balcor Commercial’s planned 6-story Parc Binz building and parking garage at 1800 Binz St— and “hi-rise buildings” in general. Opposition to the development got some media attention last year, but Hollas has seen sign changes on the property before: “About 2 years ago, the signs offered the sale of townhomes that were to be built imminently, but never materialized. After a period of inactivity and weed growth, the city came and decked out the site with code violation placards. Eventually the site was mowed and trash removed, and the city signs and townhome signs disappeared.”

CONTINUE READING THIS STORY

11/21/11 2:29pm

A Houston attorney says the site plan for the Ashby Highrise “substantially” copies the one a Dallas-based architecture firm created for the same developers 5 years ago. Patrick Zummo, who is representing Humphreys and Partners Architects in a lawsuit filed last week against Buckhead Investment Partners, tells the West U Examiner‘s Charlotte Aguilar that the plan for the Ashby Highrise site at the corner of Bissonnet and Ashby — which Buckhead attributes to the firm it hired later, EDI Architecture — is “extremely close, if not identical to” both a plan Humphreys drew up for the same site while under contract to Buckhead in 2006 and the site plan the architecture firm produced a few years earlier for the Grant Park Condominium tower in the Elliot Park neighborhood of Minneapolis (above).

CONTINUE READING THIS STORY

10/19/11 10:50am

NEW LAWSUIT SEEKS TO BLOCK WASHINGTON HEIGHTS WALMART TAX DEAL A nonprofit group formed to fight the proposed Washington Heights Walmart in the West End filed a lawsuit in district court yesterday, claiming that the tax reimbursement deal between the city and the project’s developer, Ainbinder Heights LLC, violates state law. Responsible Urban Development for Houston calls the $6 million agreement, in which the city promises to pay the developer back for infrastructure improvements, an “unconstitutional gratuitous transfer” that doesn’t meet state standards. The lawsuit also seeks to shut down all similar agreements established by the city, for “failing to provide sufficient controls to ensure that 380 agreements are not abused as either an end run around bond finance procedures or as political favors returned to well connected developers.” City Council is scheduled to vote on a similar agreement, for a new Kroger on Studemont just south of I-10, today. [Houston Politics; lawsuit; West End Walmart coverage]

10/03/11 11:13am

Opponents of the 8-month-old Montrose Management District are now claiming they have collected enough signatures to dissolve the entity. Created in February from the combination of the East Montrose Management District and the recently established Harris Country Improvement District No. 11, the new district is one of several such organizations given taxing authority by the state legislature; its assessments and security, business development, transportation, and visual improvement projects are aimed at the approximately 1,400 commercial and multifamily properties in the area bounded roughly by Shepherd, West Dallas, Taft St. and Spur 527, and the Southwest Fwy. (also included: a small portion of the Museum District east of Boulevard Oaks). Stop the District organizers say creation of the district required the signatures of only 25 property owners, but that their dissolution petition has been signed by property owners representing more than 75 percent of the property value in the area.

Map: Montrose Management District