Weingarten, neighbors settle

The battle between Weingarten and its neighbors over the changes to the new River Oaks Shopping Center has been resolved.

Weingarten's plans for a two-story Italian restaurant and wine bar, to be operated by Jeff and Tony Vallone, required encroachment on the Shepherd Drive setback. The three pertinent changes by Weingarten:

Will reduce the size of the balcony seating and enclose the seating area. That will result in a 30-inch encroachment into the area of the 25-foot setback.

Lower the restaurant's sign on the west side of the building facing Shepherd Drive

Will remove external LED lights on the west side of the building and turn off flashing security box lights inside the parking garage.

Link via Swamplot, which characterizes this as a big win for Weingarten. A comment from Stop Shepherd Noise disputes that.

The original plans included an outdoor wine bar, to be available for private parties and open until 2am, encroaching more than 11 feet into the setback - in addition to light and signage issues.

In the end, Weingarten agreed to essentially everything the neighborhood had asked for. They agreed to remove all outdoor occupiable space above the encroaching port-cochere and completely enclose the remaining wine bar, in addition to significantly dimming the lights at the top of the structure, and lowering the higher sign by approximately six feet to decrease its visibility in the surrounding neighborhood.

Neighbors supported the variance request subject to these modifications, and the Commission approved the variance subject to the modifications.

We have received a written agreement directly with Weingarten that memorializes these changes, and are awaiting an amended version that, as previously agreed, makes the changes permanent on the property in case it is sold and does not limit remedies in case the agreement is ever breached.

Glad to hear it. I've got a statement from the group, which I've reproduced beneath the fold. It's mostly the same as this comment, but it notes that the occupiable space is now ten feet further from the street, which was a big point of contention. Good for the neighbors to get what they asked for. On to the next battle.

We are glad to say that Weingarten has agreed to the changes requested by the neighborhood to mitigate their setback encroachment and resolve the other issues presented by the encroaching portion of the River Oaks Shopping Center.

At the Planning Commission hearing held on Thursday January 8, 2009 at 2:30, Weingarten presented modifications to its variance request to address the concerns of neighbors and community members. The modifications included removal of all outdoor occupiable space above the encroaching port-cochere, complete enclosure of the remaining wine bar area at the western end of the structure, significant dimming of lights at the top of the structure, and lowering the higher sign by approximately six feet to decrease its visibility in the surrounding neighborhood. As a result of these changes, the occupiable space will now end almost ten feet further from the street, and be enclosed rather than outdoor space. Neighbors supported the variance request subject to these modifications, and the Commission approved the variance subject to the modifications.

We have received a written agreement directly with Weingarten that memorializes these changes, and are awaiting an amended version that, as previously agreed, makes the changes permanent on the property in case it is sold and does not limit remedies in case the agreement is ever breached.

Posted by Charles Kuffner on January 12, 2009 to Elsewhere in Houston