Northpark South Starts Clearing Wetlands, Floodplain

Colorado-based Century Land Holdings of Texas, LLC has started clearing land for Northpark South in Porter along the West Fork of the San Jacinto River at the west end of Northpark Drive.

Documents from the Houston Planning Commission, USGS, and FEMA; eyewitness accounts from nearby residents and flood professionals; and aerial photos indicate:

  • Most of the area is in floodplains defined decades ago and not updated since.
  • The entire area – and then some – went underwater during Harvey.
  • The entrance to the property near Northpark Drive and Sorters-McClellan Road sits in a bowl that rescue trucks could not get through during Harvey. That would make evacuation difficult in the event of another large flood.
  • Wetlands dot the property.
  • Abandoned sand mines may pose safety threats.

The same developer just completed a sister development called Northpark Woods across a drainage channel from this one. But so far, the gutsy developer has avoided any consequences for its risky gamble thanks in large part to a multi-year drought and interminable delays at FEMA releasing the new post-Harvey flood maps.

All Underwater During Harvey

Eyewitness accounts and damage reports indicate that Harvey floodwaters stretched about a third of a mile east of Sorters-McClellan to Northpark and Kingwood Place Drive. That’s on the high side of Sorters-McClellan; the new development will be on the low side.

Floodwaters in this area stopped at about 83 feet above sea level. However, the entrance to the new subdivision is at 75 feet, according to the USGS National Map. That means the water was an estimated 8 feet deep at the entrance.

One long-time resident in the area said, “The intersection of Sorters and Northpark sits in a bowl. It was not passable by Montgomery County Precinct 4 constables in an Army deuce and a half [used for high-water rescue]. Water from the river came right up past that intersection and continued up Northpark to just past the intersection of Kingwood Place Dr.”

Also on the high side of Sorters-McClellan, six of nine buildings at nearby Kingwood College flooded during Harvey. Restoration cost: $60 million!

And then there’s Tammy Gunnels‘ former home a quarter mile south of the new development. It flooded 13 times in 11 years and had to be bought out by Montgomery County and FEMA.

Documents obtained from the Houston Planning Commission indicate that RG Miller is the engineer of record for Northpark South.

Bordering River and Sand Mines

During Harvey, 160,000 cubic feet per second rampaged down the West Fork behind this property.

Looking west past Sorters-McClellan Road toward what will become Northpark South. Note clearing starting in the middle in what used to be wetlands (see below).
From the National Wetlands Inventory. Dark green area on right corresponds to cleared area above.
Looking NW. Intersection of Northpark and Sorters-McClellan in lower left. Another subdivision called Northpark Woods by the same developer is in the upper right. West Fork San Jacinto and sand mines at top of frame.

Here’s what they hope to build on this property.

General plan submitted to Houston Planning Commission in 2021.

Current Floodplains Will Soon Expand

Most of the property already sits in floodway or floodplains. But the FEMA map below has not yet been updated to reflect new knowledge gained as a result of Memorial Day, Tax Day, Harvey and Imelda floods.

In fact, the 2014 date on the map below is misleading. It reflects an update of the base map, but the data that determines the extent of floodplains has not been updated since the 1980s, according to an expert familiar with Montgomery County flood maps.

From FEMA’s National Flood Hazard Layer Viewer.

FEMA and Harris County Flood Control have warned people that when new “post-Harvey” flood maps are released in the next year or two, floodplains will expand 50-100%. The floodway (striped area above) will likely expand into the 100-year floodplain (aqua). In turn, the 100-year will expand into the 500-year (tan). And the 500-year floodplain will extend past any of the colored areas.

That’s consistent with eyewitness accounts. And that could potentially put the entire property in floodplains.

Taking Advantage of Map-Update Window

The developer seems to be taking advantage of a window between post-Harvey flood surveys and release of the new maps.

I’m sure the developer’s lawyers would argue that they are complying with all current, applicable laws. But an ethical question arises. Will the new development expose unsuspecting homebuyers to greater-than-expected risk?

If so, why aren’t officials pushing to update maps and floodplain regs faster?

Could some officials be prioritizing economic development now over public safety later?

Certainly not all are. But many flood professionals worry about that.

Next to 5-Square Miles of Sand Mines

The new development sits next to the largest sand-mining complex on the San Jacinto West Fork. Sand mines in this area occupy almost five square miles. However, not all the mines are active. But they still show signs of heavy sediment pollution.

Looking E toward Sorters-McClellan from over West Fork. Northpark South is at top of frame beyond the sand pits.
The operator of this mine decided not to fish its equipment out when they abandoned the site.
More colors than Crayola. No telling what’s growing in these ponds.

Will routing drainage from Northpark South through these sand mines pose a safety risk for people downstream?

Will it be safe for kids to play or fish near these steep-sided pits?

Floodplain Development Called New Form of Redlining

This is an example of why the population of Texas floodplains is greater than the populations of 30 entire states. Yep. Thirty entire states have populations smaller than that of Texas floodplains.

One former floodplain administrator, who requested to remain anonymous, characterized these types of developments as a new form of redlining.

More than a few floodplain and wetland developers target minorities who may not fully understand the flood risk.

Owner financing often accompanies floodplain developments. Such financing can bypass many flood-risk detection procedures that accompany traditional bank financing.

Then, when floods come, the people who can least afford to repair homes suffer the most and longest. Neighborhoods decay faster. And that makes it harder for people to recover their investments.

Years later, the public is left holding the bag. We are asked to fund expensive flood-mitigation projects that would not be necessary had the developer built in a safer area.

Posted by Bob Rehak on 11/11/2023

2265 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Austin Bait-and-Switch Lawsuit Could Set Precedent for Harris County

On November 7, Brad Johnson published a copyrighted article in The Texan under the headline, “Austin’s Project Connect Challenged for ‘Bait and Switch’ of $11 Billion and Rising Transit Plan.” The subhead reads, “The suit alleges a breach of what voters were originally promised by the city since the tax increase was approved in 2020.”

The details of the Austin Transit plan story differ from the Harris County 2022 Road and Parks Bonds. But both controversies arise from alleged “bait and switch” tactics used to sell voters something radically inferior to what was promised to them beforehand. If successful, the Austin lawsuit could set a precedent for Harris County.

Outline of Austin Lawsuit

To summarize the Austin controversy, voters approved a tax rate increase in 2020 to fund construction of three light rail routes and an underground transit system at a cost of $7.1 billion. Three years later, the cost has ballooned to $11.6 billion – a 63% increase in three years – while the length of the proposed rail system has decreased from 27 miles to 10 – 62% less.

The crux of the lawsuit: the current project is different from the one voters approved, “and represents the largest property tax increase in Austin’s history.” The complaint reads, “This lawsuit is brought because “Austin taxpayers are not getting anything close to the benefit of the bargain they made for Project Connect …”

The lawsuit continues, “They (the plan authors) unilaterally adopted a Replacement Plan, that in the context of consumer-protection law would be called a “bait and switch” because it is so inferior to what voters “bought.” For reasons described in the lawsuit…

“…the Defendant Officials no longer have statutorily required voter authorization to assess, collect, or spend the Project Connect Tax increase nor do they have authority to issue bonds to be paid from that tax.”

Austin Lawsuit

But it gets worse. Paragraph 18 of the suit contends, “None of the Project Connect advocates have publicly admitted that the dramatic 257% increase in cost per rider—a key criteria in the competitive process for federal funding—reduces the odds of Project Connect receiving a 50% federal match…” Then it continues, “Nor is there any recognition of the effect on whether federal evaluators—or Austin voters for that matter—can trust the figures presented…”

That plan went off the rails. Much like Harris County’s 2022 Road and Parks Bonds.

Parallels with Selling 2022 Harris County Bonds to Voters

The Harris County 2022 Bonds have nothing to do with the Austin Transit Plan – except for the way they were sold, i.e., with false information.

Before the Commissioners Court put the 2022 Road and Parks Bonds on the ballot, Commissioners Ellis and Garcia openly talked about the need to distribute funds based on so-called “equity” principles, using a race-based social vulnerability formula – not one that accounted for road miles or square miles of parks that required maintenance. Their race-based approach would skew the distribution of funds from the new bond in favor of their precincts.

An uproar then ensued that threatened to kill the bond offering. So, Ellis, Garcia and Hidalgo voted to guarantee a minimum $220 million from the bonds to each precinct. Based in part on the promise of an equal minimum for EACH precinct, the bonds passed comfortably.

Then shortly after the election, the deal changed again. Equity and social vulnerability were back in. The minimum guarantee was ignored.

Precinct 3, which has 47 percent of the county’s roads and 35 percent of the county’s parks to maintain, received $188 million – $32 million less than the minimum and only 19% of the total money allocated.

Commissioners Ellis and Garcia received 30% and 27% respectively. That was because of their race-based formula, despite the fact that their precincts fall largely within municipalities that maintain roads and parks. Those municipalities are responsible for their own roads and parks.

In a commercial context, the FTC would consider this bait and switch.

To sell the bonds, the County told people one thing in newspapers, on social media, in public meetings, in handouts and on the County’s website. But soon after the bonds were approved, the deal changed.

Ironically, Precinct 3 voters who were all negatively impacted could have sunk the bond offering had they not been deceived.

This 2 minute and 39 second YouTube video distills key dialog from Commissioners Court before and after the switch.

Key Before/After moments in Commissioners Court

It Started with the 2018 Flood Bond

Frankly, I see the Austin lawsuit as a positive thing. I hope someone in Harris County lodges a similar lawsuit. Perhaps it can rein in some egregious, bait-and-switch promises that have become hallmarks of Harris County politics lately.

The bait and switching didn’t start with the Road and Parks Bonds. Consider the 2018 Flood Bond. It promised “equitable” treatment of the various watersheds, with the worst being addressed first. Since then, equitable was redefined as “equity” by Rodney Ellis in a way that Webster’s Third International and Oxford English dictionaries do not recognize.

Ellis even bragged openly in commissioners court about tricking voters.

And of course, the areas with the worst flooding are among those getting the least help…and pushed to the end of the line.

worst first
Feet above flood stage at 33 gages throughout Harris County during Harvey.

The San Jacinto West Fork had the highest flooding in the county during Harvey. But the San Jacinto watershed ranks twelfth in the county in funding to date. See below. And most of that has gone to areas downstream from where flooding was so severe.

HCFCD and Partner spending by watershed

Worse, while we wait our turn for projects, a steady decline in the speed of project delivery has added to inflation costs which now threaten the delivery of promised projects. Just as in Austin.

HCFCD and Partner spending by watershed

Flood-mitigation spending has slowed to less than half its peak in 2020. Delays add to the inflation burden on the entire bond program and threaten cancellation of some projects.

No one can even guarantee there will be enough money left to do anything in the hardest hit Lake Houston and Spring Creek areas.

And the 2018 flood bond was a $5 billion program!

We need some civic-minded lawyers who care about the future of Harris County to step up and look at these policies.

Posted by Bob Rehak on 11/9/2023 with thanks to Brad Johnson and The Texan

2263 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

 

City Council Approves Northpark Expansion Agreement with Union Pacific

Last Wednesday, 11/1/23, Houston City Council approved an agreement with the Union Pacific railroad that will give contractors the right of entry so that private utilities can continue to relocate their facilities. Utility work must be completed before construction of two at-grade crossings over the UP tracks at Loop 494. Now that City Council has approved the agreement, the Mayor and UP need to approve it. That will likely happen before next week.

The at-grade crossings are a separate issue from the bridge that will be built over UP’s tracks. TxDoT requires ground-level turn lanes for motorists, bicyclists and pedestrians who want to turn onto and off of 494 from Northpark and vice versa.

Utility Work Already Making Way for Extra Turn Lanes

Contractors have already started rerouting utilities for the extra turn lanes on both sides of Northpark.

Looking N across Northpark along UP tracks. Note utility work on right on each side of Northpark.
Looking SE from over railroad tracks. Closer shot of utility work.
Looking E from over tracks down Northpark shows current extent of utility work.

Change in Plans: 3-Day Road Closure

The at-grade crossings will require new traffic control gates and signals. Given the longer trains that UP is running these days, UP wants to coordinate the Northpark signals with those at crossings from Kingwood Drive all the way north into Porter. But the new one-piece system will stretch cross both east and westbound lanes of Northpark.

That will require shutting the entire road down for three-days at some point in the future. This represents a change in plans. Earlier, LHRA/Tirz 10 indicated that Northpark would also have at least one lane of traffic open in each direction.

However, the new system should improve safety for both the railroad and the public.

Sidewalk Extension West of 59

De Leon indicated that the signing of the agreement with the railroad should accelerate construction in this area.

Farther west, sidewalk construction has started on both sides of Northpark immediately west of US59.

Looking West from over 59. North sidewalk almost complete. South sidewalk is being prepped.
Closer shot of south sidewalk.

Next Up

In the meantime, contractors are:

  • Continuing work on the 6×5 RCB at Outfall B
  • Continuing work on the 8″ waterline south of Northpark from the Railroad tracks east to King’s Mill
  • Continuing work on the sidewalks west of I-69

In other developments, the Redevelopment Authority website shows:

  • 12″ waterline testing has been pushed to the last week of November
  • 8″ waterline will be tested the week before Thanksgiving
  • Work will begin on the temporary detours on LP 494 the week before Thanksgiving.

Excavation of Detention Basins at Northpark Not Yet Started

Excavation of two stormwater retention basins at Northpark has not yet begun. Contractors will not start excavation until they start to build the new lanes between 494 and Russell-Palmer Road. They will use the recycled dirt to fill in under the two new lanes. If they started excavation now, they would have to store the dirt somewhere and move it twice, or pay to have it hauled off and then purchase more dirt when it’s needed.

Dirt from stormwater retention basin excavation at entry will fill in over concrete culverts in the median east of 494 (top center).

For More Information

For more information about the project including construction plans, visit the project pages of the LHRA/Tirz 10 website. Or see these posts on ReduceFlooding:

LHRA/Tirz 10 Board Meeting

The Lake Houston Redevelopment Authority (Authority), and Tax Increment Reinvestment Zone Number Ten, Lake Houston Zone (Zone), will hold a joint board meeting on  November 9, 2023, at 8:00 a.m., at the Kingwood Community Center, 4102 Rustic Woods Drive, Kingwood, Texas 77345, and is open to the public.

This board packet contains three change orders. One calls for a temporary stoplight at Russell-Palmer. The reason: contractors must remove the existing pole in the center so that they can continue installing culvert. The temporary light will serve the intersection until a new permanent one on an arm which extends over the roadway can be fabricated. Those reportedly take months.

Another change order increases the amount allocated for tree transplantation by $239,000.

Have questions or concerns? Voice them at the meeting.

Posted by Bob Rehak on 11/5/2023

2259 Days since Hurricane Harvey