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Lone Star Poultry At 1205 Rutland St.


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This presumes that there are no other options other than what one builder is willing to do and an assumption that a hypothetical subsequent buyer/investor would do a condo/apartment complex (i.e. we are supposed to believe that the problems one builder has with HAHC will just result in another builder making an even larger investment with no guaranty that the problems with HAHC will have been abated).  It also comes across as a bit of a threat.  Either we support one builder's side in a dispute with HAHC or else we will get something worse.  I am more than willing to call that bluff.

1. I guess I could build 4 houses.

2. Have you heard of Farb or In-Town? There are some investors who can allocate more resources to a project. Think Ashby. The asst director of Planning has already told us apartments could be built here.

3. I am an engineer and cursed with logical thinking. I don't need to threaten anyone. I am simply stating the facts. I have buyers lined up for the big houses, I have buyers lined up for the smaller houses, and I have a buyer lined up to take it off my hands. In order of profit potential a) 5 smaller houses b)3 larger houses c) sell it to someone else.

I don't have a dispute with the HAHC. I have a dispute with the City of Houston for an ordinance that promised guidelines within 6 months of passage voted on by the City Council. Hasn't happened. The fact that the Planning Department had a "Design Guide" on their preservation website in lieu of duly adopted guidelines borders on fraud. Intentionally or unintentionally they represented a false reality.

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1. I guess I could build 4 houses.

2. Have you heard of Farb or In-Town? There are some investors who can allocate more resources to a project. Think Ashby. The asst director of Planning has already told us apartments could be built here.

3. I am an engineer and cursed with logical thinking. I don't need to threaten anyone. I am simply stating the facts. I have buyers lined up for the big houses, I have buyers lined up for the smaller houses, and I have a buyer lined up to take it off my hands. In order of profit potential a) 5 smaller houses b)3 larger houses c) sell it to someone else.

I don't have a dispute with the HAHC. I have a dispute with the City of Houston for an ordinance that promised guidelines within 6 months of passage voted on by the City Council. Hasn't happened. The fact that the Planning Department had a "Design Guide" on their preservation website in lieu of duly adopted guidelines borders on fraud. Intentionally or unintentionally they represented a false reality.

 

1.  Why not?  Just south of 11th, a builder did a couple of new build bungalows based on original catalog designs.  Why not do the same?  By the time anything gets built on the chicken plant site, most of the new single family homes being build down by the TC apartments and up by the ATT building will have been bought up.  The market will probably go from being very tight to just about impossible as far as finding new construction in the Heights by the end of 2014.

2.  I do not see Farb or In-Town rolling the dice on HAHC, especially if the property is flipped due to a reject from the commission.  If the ordinance was repealed, sure, a number of different builders would take a shot at it.  But if the result of the ordinance being repealed was having that lot turn into something like the Fisher condos on Morrison, the ordinance would be back in place in a matter of weeks with a much more restrictive mandate for the commission. 

3.  So, plan A is to do the designs you have in mind, whether it be 5 lots or 3.  Plan B is to flip it out if you do not get what you want from HAHC.  What about plan C?  Why not go back to the drawing board and find designs that can get approved?  Sure, you will take a hit with fees for architects.  But, it is a hot market and the price of doing business in a historic district.  At least you do not have to hire a historic preservation consultant to prepare a report for the commission as is required in many of the historic districts in the east.   

 

A design guide isn't going to tell you everything you need to know and will not do away with the subjective element of historic preservation.  The Germantown and Montrose design guides do nothing more than give the commission more ammunition to be even more restrictive than what they allow in the Heights.  I suspect that the design guide is the briar patch for the ardent preservationist and not the answer to any of the problems that builders have with the commission. 

 

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Why not?  Just south of 11th, a builder did a couple of new build bungalows based on original catalog designs.  Why not do the same? 

  What about plan C?  Why not go back to the drawing board and find designs that can get approved?  Sure, you will take a hit with fees for architects.  But, it is a hot market and the price of doing business in a historic district.

The three bungalows built south of 11th were put on 33.33' wide lots with 3 ft side setbacks. The land cost $30/sqft. Those prices can't be touched anywhere in the heights right now. He sold those house for over $300/sqft. To match his deal the price would have to be $375/sqft. Remember I based my decision to buy the chicken plant on Design Guidelines posted on the Planning and Development website that turned out not to be the "real" guidelines.

I have been in front of the staff of the Planning and Development Department 8+ times trying to get something worked out. Had an appointment today but the City closed down.

What is it about a 4000 sqft house on a corner 8800 sqft lot with 20' front setbacks, 15' corner setback, and 8' right side setback you find so incompatible with the district?

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  • 5 months later...
 I am writing to inform everyone that have supported or opposed my original plan for the Chicken Plant at 12th and Rutland that I have thrown the towel in on the Rutland side of the project.  As you may know, we are moving along on the two houses on Tulane and have begun site work for the one house on 12th.

 

The 16 months of dealing with bureaucrats that really want NO new construction despite their vehement denial of that has taken its toll on me emotionally and financially.  We have two houses "approved" by the Houston Archaeological and Hysterical Committee on the Rutland side.  The level of compromise REQUIRED by the HAHC make them unidentifiable from the original plans.  When you are in the heat of the battle you give a little but when you step back and look at what was "approved" you recoil in disgust.  The corner house will NEVER be approved.  They say that a big house is OK as long as it isn't bigger than the typical contributing house in the district.  In other words, it can be big as long as it is small.  They wanted a 25' side set back even though the City setback is 10' AND the average setback of ALL corner contributing houses in the West Historic District is 11'.

 

Right now we have 3 commercial developers and one single family builder looking at the property.  At least two have contacted the staff of the Historic Preservation group to get direction on apartments.  I am deeply sorry and saddened by the intransigence of my City.  The dogmatic fervor of those enforcing the ordinance will destroy this neighborhood in my opinion.  There is an outside chance I could still move forward if certain changes occurred.  I don't hold out much hope for that though.  My wife and I were going to live in the corner house.  Now, I don't even want my name associated with this debacle.

 

As a complete side note, We are not demolishing the chicken plant, we are deconstructing in an environmentally responsible fashion.  We abated the asbestos in the front offices with a TCEQ registered company.  Two of the steel frame buildings that were part of a complex of 8 separate but attached buildings are being rebuilt as a barn and auto shop.  We have recycled over 120,000 pounds of scrap metal, 16,000 pounds of copper, 3500 pounds of aluminum, 320 pounds of Freon evacuated by a licensed HVAC technician.  The cinder block walls have been ground and re-purposed in a half mile road.  ALL of the concrete is being purchased by Southern Crushed concrete to be turned into road base.  We are recycling or re-purposing 99.9 percent of the material by weight and 95% by volume. 

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Right now we have 3 commercial developers and one single family builder looking at the property.  At least two have contacted the staff of the Historic Preservation group to get direction on apartments. 

 

 

 

Get the popcorn ready!

 

 

Chapter 33 doesn't differentiate between single-family and multi-family residential. 1100 Harvard is a 4-story contributing multi-family building, but isn't in THIS district. I don't know of any contributing multi-family structures exist in the district, but there ARE some two-story non-contributing multi-family structures.

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Apartments in the middle of that area? That would look so bad. There are older smaller complexes in the area that have been there a long time. This is crazy.

 

The language of the ordinance gives the HAHC pretty good justification to block an apartment building, at least any apartment building larger than typical single family houses in the district.

 

In practical terms, by requiring additions to start at the back wall of existing structures, and by clamping down on the size of new construction (despite some approvals of larger houses early on, e.g. 13th and Ashland), the HAHC seems to have capped house size in this area at about 3000 s.f. or so.

 

 

I'm not sure we can say it's been driven by HAHC, but there does seem to be more construction activity in the Free Heights than in the HD's.

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HAHC doesn't want any new construction?  That is just going too far.  You have approval for five out of six new construction projects.  There is another new build going in two doors down from the pair you are building on Tulane.  There are three new builds under way on the 1300 block of Ashland and four on the 1500 block of Ashland.  Thus, HAHC has recently approved twelve new builds in the WD. 

 

And before you tell us that HAHC is going to destroy our neighborhood, you should at least take advantage of your right to appeal to the planning commission.  Most appeals are successful.  But if you do not want to take advantage of the rights afforded you under the ordinance and just want to sell, that is fine.  Just save the hyperbole about HAHC destroying the Heights.  It is not destroying the Heights. 

 

 

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"HAHC doesn't want any new construction?  That is just going too far."

 

My opinion based on 7 HAHC meetings, 15+ staff meetings, and dozens of emails and phone calls.  Whether there is new construction or not, doesn't mean that THEIR DESIRE (ie want) is NO NEW CONSTRUCTION.  You obviously have not been following the planning commission in the past 6 months.  Most appeals in that time frame have NOT been successful.

 

The most recent two "approvals"  were compromised beyond recognition and have roof pitches that do not belong on those style homes.  The reason, they would be taller than the "typical" house.  But by Gawd, a chicken plant or apartment building is just fine!  In what universe is a 35' ridge height that is on a hip roof 100' from the street creating a diminishment of the historic fabric of the existing contributing structures?

 

You fail to understand the tenuous legal ground this ordinance holds.  One of two things is going to happen.  Someone is going to challenge this ordinance in court and win OR Parker will serve her remaining time and it will be overturned when she leaves office.  Your accusation is without merit.  IF the real intent during the sale of the ordinance to the property owners (including me) is not protected then the HAHC will destroy the neighborhood.  Preservation as the ordinance is being applied is NOT what was sold.  Save the Bungalows was the sale.  When the ordinance is kicked, you better have minimum lot size and setbacks filed and approved for your block.  Otherwise the townhomes are coming.  That is FACT, NOT hyperbole.

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I am saddened to hear you are throwing in the towel.  Your houses makes the Heights look tremendously nicer than the older smaller homes.  I can't wait to see the day the ordinance is appealed....The ordinance is truly destroying the hood. 

 

I would say fight on, but I know that it can come at a high cost....It will take a few good developers to fight they city...and win...just think of the satisfaction you would have if you defeated them and built what you wanted.  Get your other homes done, then come back and do this big one and fight them with everything you have.  I am so sick of these people telling others what they can build on their own lots.

 

 

"HAHC doesn't want any new construction?  That is just going too far."

 

My opinion based on 7 HAHC meetings, 15+ staff meetings, and dozens of emails and phone calls.  Whether there is new construction or not, doesn't mean that THEIR DESIRE (ie want) is NO NEW CONSTRUCTION.  You obviously have not been following the planning commission in the past 6 months.  Most appeals in that time frame have NOT been successful.

 

The most recent two "approvals"  were compromised beyond recognition and have roof pitches that do not belong on those style homes.  The reason, they would be taller than the "typical" house.  But by Gawd, a chicken plant or apartment building is just fine!  In what universe is a 35' ridge height that is on a hip roof 100' from the street creating a diminishment of the historic fabric of the existing contributing structures?

 

You fail to understand the tenuous legal ground this ordinance holds.  One of two things is going to happen.  Someone is going to challenge this ordinance in court and win OR Parker will serve her remaining time and it will be overturned when she leaves office.  Your accusation is without merit.  IF the real intent during the sale of the ordinance to the property owners (including me) is not protected then the HAHC will destroy the neighborhood.  Preservation as the ordinance is being applied is NOT what was sold.  Save the Bungalows was the sale.  When the ordinance is kicked, you better have minimum lot size and setbacks filed and approved for your block.  Otherwise the townhomes are coming.  That is FACT, NOT hyperbole.

 

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So why don't you challenge it in court BB?

 

Cheers

James

 

James, 

 

A former Supreme Court Justice for the State of Texas and friend, told me this would get defeated in a heartbeat.  Local litigators have indicated the same.  However, I am not interested in an expensive crusade to prove something.  I have to continually tell myself that the best business decision is likely to take the losses and move on.  I will NEVER do anything in the historic districts in Houston again. 

 

IF the ordinance is removed, I fear the results on the Heights.  The all or nothing approach of the Historic Preservation Staff is frankly disturbing.

 

Michael Bastian

 

Edited by BBLLC
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  • 1 year later...

There are approved plans for on large house on the southernmost lot on the property.  They should be breaking ground soon.

I think there are also approved plans for three or four houses on the remainder of the property, but have not seen any signs of life.

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  • 3 weeks later...

I live half a block from there, and I'm very happy to see that houses are going in and not an apartment building.

 

But IMHO the façades on those houses don't measure up vs. other similarly priced new construction in the area.  They are a little too plain I think.

 

And I have to laugh that the realtor posted a picture of "Example of the finishes for JLynn Homes" which is a close up of a bathroom fixture with a burned out bulb.  Do you even quality control?

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  • The title was changed to Chicken Plant At 12th St. & Rutland St.
  • The title was changed to Lone Star Poultry At 1205 Rutland St.

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