Deed Restrictions on Northern Parcels of Romerica Land

I previously discussed the deed restrictions on the southern portion of Romerica land, where they plan to build most of their high rises. The southern portion is deed restricted to single family residential. That usually means “one family in one house on one lot.”

The largest, northern portion of the land purchased by Romerica for its development between Kingwood Lakes and the Barrington has deed restrictions, too. The restrictions on Romerica’s northern parcels are not quite as limiting, but still conflict in some ways with the developer’s announced plans.

Discussion applies to Romerica parcels roughly outlined in red.

Retail Restrictions

The 29.094 acre parcel of property (green area) adjacent to Woodland Hills is limited to “…church, school, townhomes, triplexes, amenity retail, not to exceed a total of 8,000 square feet for community based retail services such as a restaurant, snack bar, cleaners, ice cream parlor, bar, coffee shop, bakery, gym or other retail…”

While Romerica primarily plans condos for this northern section, this may conflict with plans announced on one of the developer’s many web sites – for almost 900,000 square feet of retail.

Multi-Family Low- to Mid-Rise For-Sale Housing

That parcel may also be used for offices, or low- to mid-rise, for-sale, multi-housing residential and patio homes.

Other parcels east of the first one are limited to offices or low- to mid-rise, for-sale, multi-housing, townhomes or triplexes, residential, patio homes and a conference center. Romerica has said it plans to put its 50-story hotel and conference center south of the Barrington, where land is restricted to single-family residential.

In Harmony with Surrounding Architecture

All design and architecture must be in harmony with the surrounding areas’.

So much for homes on stilts! Romerica had planned to build its condos on stilts to reduce the amount of fill needed to elevate homes out of the flood plain.

Specifically EXCLUDED: For-rent apartments, traditional single family homes, and duplexes.

Drainage Liability

The developer must also consider the impact that any improvements have on off-site and on-site drainage patterns. If the developer adversely impacts the drainage of adjoining property, the developer must correct the condition to the satisfaction of the adjoining land owner(s).

Surface drainage must go to underground storm drain structures. This could conflict with Romerica’s canal network.

Retail, Open Space, Parking and Height Restrictions

The deed restrictions also prohibit certain types of retail establishments. They include gas stations, night clubs, “adult” establishments, or funeral homes.

A minimum 20% open space requirement applies. All parking and buildings must sit back a minimum of 50 feet from property lines.

Deed restrictions limit building height to five stories. The roof line may not extend more than 65 feet above the slab.

No Boats or Trailers

Significantly, NO BOATS OR TRAILERS may be stored on the property. that could be a disappointment for people who buy condos as part of a marina resort.

For Complete List of Restrictions

To read the exact text in its entirely, click here and scroll down to exhibit B.

Please note: Roman Arrow, listed in the deed is one of more than 35 companies owned by Romerica’s two managers. Also note: Romerica and its related companies own additional parcels that may have other deed restrictions.

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

Posted by Bob Rehak on 4/6/2019

585 Days after Hurricane Harvey

Energy Resources Committee Hearing Testimony Monday on Bill To Regulate Quarry Reclamation

People in the Hill Country are up in arms about aggregate production operations (APOs). The Lake Houston Area is not alone. State Representative Kyle Biedermann of Fredericksburg has introduced yet another bill to regulate APOs. Biedermann’s bill, HB2871 focuses on mine reclamation. His bill targets APOs that quarry and crush rock, but the bill, if passed, would affect sand mines in our area, too.

Focus on Reclamation

HB2871 requires miners to acquire a reclamation permit BEFORE they can acquire a production permit. It would also require them to file a performance bond ensuring reclamation BEFORE acquiring that production permit.

Abandoned sand pit in Humble remains unfenced despite being next to areas where children play.

Gives Primary Enforcement Responsibility to Railroad Commission

HB2871 places the burden of enforcement on the Texas Railroad Commission. However, it allows the Railroad Commission to use the resources of the Texas Commission on Environmental Quality (TCEQ).

I first learned about HB2871 from a Hill County group protesting the permitting of a quarry. They approached me asking for support. It certainly appears that our interests align. And the author wrote the bill in such a way that it would apply to this area, too. I have previously blogged about the problem of abandoned and unsafe sand pits. We have many in the Lake Houston area. Once the last truckload of profit goes out of a mine, owners have little incentive to reclaim it.

Currently, owners are required to file a reclamation plan before getting a reclamation permit, but there is no requirement to actually execute the plan when they are done mining.

This page on the Hill Country group’s web site explains their loss of faith in the TCEQ, and hence, their desire to have the Railroad Commission oversee regulation.

How to Act NOW

On Monday, the House Energy Resources Committee will consider HB 509 and HB 2871. Representatives Biedermann, Wilson, and their staff have worked hard to draft these bills. Now we need to back them and help get them passed into law! HB 509, you may remember, requires a permitting agency to consider the aggregate impact of multiple mining operations in a small area before permitting any more.

Below are the names, phone numbers and email addresses of all the members of the House Energy Resources Committee who are soliciting comments. If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.

Chris Paddie, Chairman (Marshall/Northeast Texas)
chris.paddie@house.texas.gov
(512) 463-0556

Abel Herrero, Vice Chairman (Corpus Christi area)
abel.herrero@house.texas.gov
(512) 463-0462

Rafael Anchia (NW Dallas)
rafael.anchia@house.texas.gov
(512) 463-0746

Ernest Bailes (Huntsville, Liberty)
ernest.bailes@house.texas.gov
(512) 463-0570

Tom Craddick (Midland area)
tom.craddick@house.texas.gov
(512) 463-0500

Drew Darby (San Angelo area)
drew.darby@house.texas.gov
(512) 463-0331

Charlie Geren (NW Fort Worth)
charlie.geren@house.texas.gov
(512) 463-0610

Roland Gutierrez (SE San Antonio, Live Oak, Universal City, Converse)
roland.gutierrez@house.texas.gov
(512) 463-0452

Cody Harris (Hillsboro, Corsicana, Palestine)
cody.harris@house.texas.gov
(512) 463-0730

Mary Ann Perez (Pasadena, Baytown)
maryann.perez@house.texas.gov
(512) 463-0460

Jon Rosenthal (Far NW Houston)
jon.rosenthal@house.texas.gov
(512) 463-0722

Here is a SAMPLE EMAIL developed by the Hill Country group. Remember to tweak the copy so that it applies to this area, not just the Hill Country.

Posted by Bob Rehak on 4/5/2019

584 Days since Hurricane Harvey

Romerica Spokespeople Address High-Rise Project Phasing at Lake-Houston-Area-Chamber BizCom Event

Leah Manlove Howard of John Manlove Marketing and Communications and Michelle Hundley of Stratus Consulting gave a 14-minute presentation on the Romerica high-rise project today to members of the Lake Houston Chamber. For those who attended Romerica’s 2-hour public meeting at the Kingwood Community Center in March, there wasn’t much new. However, the spokespeople did discuss project phasing this time.

The three areas labeled “project area” would be developed from top to bottom. See below.

Phases of Development: North to South

Ms. Howard indicated that there would be three phases of development – in this order.

  1. Northern section containing condos
  2. Middle section containing retail
  3. Southern section containing high-rise commercial development, condos, hotel, and marina.

Responding to Public Comments is Next Step

Developing all three areas could take years. Regarding immediate next steps, Ms. Howard said the developer’s team expects to receive public comments by Friday, April 5. They must be answered and returned by April 27. She predicted the Corps will hold a public hearing approximately four months after that. Ms. Hundley said that it could be two years before a permit could be issued. She also said it might be ten years before development started.

Emphasizing Importance of “Fixing River”

Throughout the meeting, Ms. Howard reiterated Gabriel Haddad’s main themes from the community center meeting in March:

  • Conceptual thinking on the project began years before Harvey
  • Concerns raised by community members and planning for an event like Harvey would ultimately improve the project
  • Any development remains contingent on making the river and lake navigable again, because the centerpiece of the project is a resort marina/hotel.
  • The tax revenue generated by the project could help fund long-term maintenance dredging of the river that keeps it navigable.

Meeting in Austin Next Week

The Romerica team will meet legislators in Austin next week to discuss funding for “fixing” the lake and river. They will be meeting with “leaders that can make something happen.” Later when asked to clarify who they would meet, Ms Howard elaborated. According to Bill Fowler, one of the leaders of the Lake Houston Area Grass Roots Flood Prevention Initiative, she said “Huberty, Creighton, and committee heads in charge of appropriations.”

Core Questions Not Really Addressed

Ms. Howard began her presentation by saying Romerica’s condos would be “different.” By that, she meant “built on stilts”. After the presentation, I asked her where all the fill was going if everything would be built on stilts. Like the CivilTech engineer at the earlier meeting, she did not provide an answer. Neither did she answer Bill Fowler’s question about the previous experience of the developers.

Both Fowler and I then requested a small meeting with the developers and their team of experts to discuss answers to such questions. They include:

  • How developers intend to get around deed restrictions
  • How they hope to evacuate thousands of people living in the floodway during floods.

To her credit, Ms. Howard at least acknowledged that Romerica needed to answer the last question. However, she didn’t have a firm plan yet. She said they still hope Hamblen Road can be connected with Woodland Hills and implied that could help with evacuation efforts. However, she did not address raising Hamblen or how that could affect flooding of nearby properties. No meeting has been set at this point to discuss any of these issues.

Posted by Bob Rehak on April 4, 2019

583 Days after Hurricane Harvey