SN 22 and the Walmart People

SN 22 president Jane Cahill West and VP Tom Dornbusch met with Walmart Reps this past Friday. Here's the report from Jane and Tom:

Memo To:​CM Edward Gonzalez (and staff); SN 22 Council Members and Community
From:​Jane West and Tom Dornbusch​
Date:​July 31, 2010
RE:​Initial meeting between SN22 Council and Regional Representatives of Walmart held on July 30, 2010, from 7:30-8:30 a.m.

Meeting participants:​
SN22 Council:​ ​ Walmart:
​President – Jane West ​Kellie Duhr — Public Affairs and Governmental Relations
​VP – Tom Dornbusch​​Jerry Peacock — Regional Manager
​Christina Cabral—Neighborhood Markets District Manager

Meeting Summary:
West and Dornbusch opened the meeting by summarizing the history of civic activity in the area, the urbanization and densification of the Washington Avenue Corridor as evidenced by recent residential and commercial construction and the emergence of a growing “entertainment district.” They also described the community vision for future development as evidenced by SN 22's past and present planning efforts including SN 22's Proposed Master Plan for Transportation.

Walmart representatives stated that the proposed store will include a complete grocery that will offer organic produce and products. They stated that the proposed store will not include a gas station and/or a tire/lube shop, and that the site plan leaked to the media did not correctly convey Walmart’s concept for the site because that concept has not yet been fully developed. They explained that Walmart’s concept could not be developed before the property was under contract. They acknowledged that Walmart has contracted to purchase the property from Ainbinder Company.

Discussion focused on the site plan and form of the proposed development.

West and Dornbusch expressed hope that the project would be planned with sensitivity to the urban context and the White Oak Bayou watershed. They conveyed preferences for pedestrian access from streets and sidewalks instead of from a large surface parking lot, for structured instead of surface parking, and for use of low impact development techniques aimed at mitigating threats to area neighborhoods posed by stormwater runoff (e.g. permeable paving, detention, and filtration). West shared a site plan prepared by former CM Peter Brown that extends the existing local street grid into the site to create both a neighborhood-accessible, pedestrian-friendly approach to the proposed Walmart, and opportunities for outlying stores to face sidewalks instead of parking lots.

Walmart representatives acknowledged the need for context- sensitive plans that would address, inter alia, expected changes in traffic patterns and stormwater runoff. Duhr explained that Walmart is an evolving company that is committed to environmental sustainability through use of design features such as outdoor lighting intended to reduce light pollution, and natural lighting for the store’s interior. She also explained that Walmart has in-store recycling and has “greened” their retail model by requiring suppliers to reduce their use of packaging materials.

Walmart representatives requested a copy of Mr. Brown’s site plan to pass on to their architectural team, which West agreed to provide to them electronically.

All participants acknowledged that Walmart’s proposal to locate a store on the Yale Street site presents an opportunity for Walmart to introduce a new urban prototype that reinforces and advances Walmart’s stated commitment to environmental sustainability. All participants also acknowledged that some of the site-related decisions will be determined by the developer, i.e., Ainbinder Company, because Walmart is only contracting to purchase a portion of the site. All participants agreed that future discussions of site-related issues should include Ainbinder Company.

Next Steps:
All the participants recognized that many other community residents would like to meet with Walmart representatives to discuss the plans for the proposed Yale Street store.

West and Dornbusch suggested that Walmart representatives consider agreeing to participate in a public meeting at which community members could be invited to make suggestions for how the proposed Walmart could be designed to benefit area residents and mitigate their concerns about the proposed store. West and Dornbusch explained that such a meeting could be moderated by a facilitator who could record community suggestions on flip charts so that Walmart representatives could subsequently share the community’s suggestions and concerns with their design team. They suggested that once Walmart finalizes development plans for the site, Walmart could present those plans to the community at a second public meeting. The first such meeting could be held as soon as August 9, 2010, in lieu of SN 22's next regularly scheduled meeting.

Walmart representatives stated that they are committed not only to meeting with the community, but also to working cooperatively and collaboratively with the community on this project as it moves forward. They also agreed that a public meeting such as that described above could be beneficial, but expressed concern that due to prior commitments August 9th might not be a convenient date.

All the participants expressed appreciation for the meeting, and agreed to stay in touch and to work with CM Gonzalez and his staff towards selecting a date, time, and place for a public meeting that will be convenient for as many participants as possible.
Page of 2

\Summary of 7-30-2010 meeting between SN 22 and Walmart​

Replat, Variance, Replat ...

Yale = 70' Wide
Koehler = 60' Wide
Bonner = 50' Wide


Recieved full details of the Variances and Replats request coming in ahead of the August 5, 2010 Meeting today.  Here's the site plan:

And Here's the Koehler Street Variance Overhead, showing the future connection of Yale and Heights via an S-curving Koehler street.

Submitted on 26 of July 2010, here's the Full Variance Request Information Form:

Variance Request Information Form

Plat Name: Washington Heights Koehler STD

Company Name: Marsh Darcy Partners, Inc.

Date Submitted:

07/26/2010

47 and 81

Specific variance is being sought and extent of variance:

A variance is being requested as part of the Koehler Street replat to deviate from the required minimum reverse curve centerline radius of 300 feet and minimum centerline tangent of 100 feet. The variance requested is to provide a reverse curve centerline radius of 265 feet and a centerline tangent of 50 feet. Chapter 42 Reference: Section 42-132(b) – Reverse curves with a tangent distance of

100 feet or less along collector streets and local streets shall have a centerline radius of at

least 300 feet. Reverse curves shall be separated by a tangent distance of not less than 50

feet. Statement of Facts:

(1a) The imposition of the terms, rules, conditions, policies and standards of this chapter

would create an undue hardship by depriving the applicant of the reasonable use of the

land;

(1b) Strict application would make this project infeasible due to the existence of unusual

physical characteristics that affect the property in question, or would create an impractical

development or one otherwise contrary to sound public policy;

The Koehler Street replat is composed of portions of lots 11 – 14, Block 316, and a portion of Lot 1, Block 324, of the Houston Heights Addition. The Houston Heights record plat indicates 70 foot wide lots in this location for possible future roads within the plat. Existing Koehler Street west of Yale was not a part of the original Houston Heights Plat. As a result, there is an offset of approximately 20 feet between the centerline of Koehler Street and 2nd Street at Heights Boulevard; and to create a continuous through connection between these two streets with a total transition distance of 156 feet, requires the street to be constructed with two reverse curves measuring 265 feet with a tangent of 50 feet between. Chapter 42 will not allow the physical construction of the required reverse curve without a variance. Regarding Section 42-132(b), without this variance request, the street connection between Koehler Street and 2nd Street would not be able to be built. Several alignment alternatives were presented to the Public Works and Engineering Department for their review. The Department supports this proposed alternative. The intent of Chapter 42 will be preserved and the granting of this variance will not deviate from the intended purpose of Chapter 42 of the City of Houston Code of Ordinances, and will further the 2010 Major Thoroughfare and Freeway Plan by providing an additional through connection in this area. That was the intent of the original Houston Heights street pattern plan.

(2) The circumstances supporting the granting of the variance are not the result of a

hardship created or imposed by the applicant; The unique physical conditions at this location requiring this request were in place prior to the applicants gaining interest in the property. The existing 20 foot offset between the existing Koehler Street and 2nd Streets have been in place for decades. The offset of these two streets is a unique condition that was not created or imposed by the applicant and should be considered for the variance requested.

(3) The intent and general purposes of this chapter will be preserved and maintained;

The purpose of providing an option to the reverse curve and tangent requirements is to allow a continuous connection between Koehler Street and 2nd Street, allowing an opportunity to provide greater connectivity within the area. Due to the unique physical characteristics of this site, without the granting of this variance request, a continuous through connection between Koehler Street and 2nd Street will not be possible, resulting in a 20 foot offset of street intersections, and the granting of this variance will not hinder the general intent of Chapter 42, specifically Section 42-132(b).

(4) The granting of the variance will not be injurious to the public health, safety or welfare;

and The approval of this variance request will allow the construction of a through street connection between Yale Street and Heights Boulevard. This through street connection will allow for better internal flow of pedestrian and vehicular traffic, which could reduce congestion by providing alternative traffic routes within the immediate vicinity. The construction of this connection will also remove two (2) dead-end streets within the neighborhood. The approval of the requested variance to Section 42-132(b) will allow the street connection to be constructed, which as a result, which will directly contribute to the public welfare and in no way be injurious to the public health, safety or welfare.

(5) Economic hardship is not the sole justification of the variance.

There is no economic hardship on the subject property; the existing physical constraints of the 20 foot

offset between Koehler Street and 2nd Street dictate the need for the variance to construct the Koehler Street connection.

And to add the cherry to the whipped cream ... that 'Unresetricted Reserve A' in the middle there ... thats 694K Sq Ft of Walmart Goodness.

I'm Taking My Talents to West End

And, as suspected, the developer and Walmart will each get to take your tax dollars ...

City of Houston officials are considering offering tax breaks to the developer of a proposed Wal-Mart in the Washington Corridor, a project that faces stiff opposition from many residents in the nearby Heights.

Though no agreement has been reached, officials said, the city is considering a tax reimbursement agreement with The Ainbinder Co., the owner of 24 acres at Yale and Koehler streets.

The company plans a retail development at the site, potentially anchored by a 152,000-square-foot Wal-Mart Supercenter.

Mayor Annise Parker's director of communications, Janice Evans, said the city could use future tax revenues from the development to partially reimburse Ainbinder for infrastructure work — widening streets, for example - in the area. Such agreements have been allowed under state law since 1987 and have been used in Houston before.

Apparently, Walmart's ad folks along with our city government now agree that Houston is full of idiot children.  After telling citizens face to face on Tuesday that tax benefits were not being offered, the chron reports otherwise ... because two days is a big difference.

Done Deal ... Walmart Bought The Land

Chron Story on Walmart closing on the land. 


Quote from the story:

Wal-Mart has placed 16 acres of land in the Washington Avenue corridor under contract, company spokeswoman Kellie Duhr confirmed Thursday. The deal comes two days after concerned Heights-area residents voiced their opposition to the project to the Houston City Council.

Though some council members complimented the residents on their proactive efforts and passion for their neighborhood, most stressed the city can do little to stop Wal-Mart from building a reportedly 152,000-square-foot store near Yale and Koehler. Property owner The Ainbinder Co. holds 24 acres in the area and plans a retail development anchored by the Supercenter.

Mayor Annise Parker said she and Councilman Ed Gonzalez, whose District H includes the Heights area, plan to form a committee of nearby residents and businesses through which the community can articulate its concerns. Gonzalez was not present at Tuesday's meeting.

Public Information Request Response

I submitted a PIR request for information regarding the CoH and Ainbinder a few weeks back.
This is what I recieved today:

Thank you for your request on July 14, 2010 pertaining to copies of any contracts, development agreements, or permits between the COH and the following companies, groups, or organizations in 2009 and 2010:

AINBINDER HEIGHTS LLC

We have contacted our Finance Department and have been advised that although the Economic Development Division is considering offering performance-based economic financial incentives to Ainbinder Heights, LLC, the concept is still in the due diligence phase and no formal agreements have been consummated.  Consequently, the Economic Development Division has no information to provide at this time.

 

We also have been advised that the Mayor’s Office may have some responsive information.




Next Steps?  

City Council Yesterday

I was allowed 3 Minutes to speak yesterday, and ask directly of the Mayor and City Council for some information concerning the talks with the developer.  What I got was a 'No, we can't disclose that', but there will be other times ... which frankly speaking lends an even more back-alley feel to this entire thing.

The Mayor was quoted here:

"We have a standard policy to which any developer can apply and we cannot treat them differently simply because we don't happen to like who they sell or lease their property to."
"So far, they nave not asked for anything thats not in our standard book of "you pay for something and we'll reimburse you' list."


When I asked again for clarification on the details of such discussions, the answer was:


"Its not something we concede to the public, but the public has a right to know what we're doing."


If we have the right, why would we not be allowed to know?  

There is a system of checks and balances in place for a reason.  If the public does not support the decisions of its government, then the government needs to change them.  If that is in offense to any private business (that stands to gain from utilizing public monies here), then that business can legally do what they want on their own, including go to court (See Ashby HighRise).  But thats a roll of the dice that I'd bet a jury of my peers would have a hard time finding for a developer who's trying to make a few extra million dollars.

Lets not foget here, that Ainbinder had a tennant already, and gave them up to go to Walmart.

Click Here to go to the HTV Page
Under 27 July 2010, Click on Video.  At the popup, click on 'Public Speakers (Part 2 of 4) to see the conversation once my speech concluded.  The Mayor's comments begin at the 21:10 timeline of the video.

The Press Coverage

A Lot has been made of the 'movement' as of late, and Chris Patronella at the Houston Press has been doing a pretty fair job of covering everything.  Here's his latest write up.


Click Here for the Latest Houston Press Coverage