White Oak venue may be forced to halt concerts
City is threatening to pull the plug on fall concerts if White Oak operators don’t build a permanent stage by then
City regulators are threatening to force the operators of the White Oak Music Hall to stop a string of concerts this fall if a new permanent stage isn’t built in time.
ITY regulators are threatening to force the operators of White Oak Music Hall to halt a string of outdoor concerts scheduled for this fall if a new permanent stage isn’t built in time.
W2 Development Partners and Pegstar Concerts continue to promote and sell tickets for the open-air shows throughout October and November, despite the fact that their temporary permit to do so will expire Oct. 5. The organizers say they plan to go forward in part by taking down the controversial temporary stage currently on the site, then re-erecting it and reapplying for the temporary permit.
“The stage will come down, and it will come back up,” developer Will Garwood said.
The city’s Department of Public Works & Engineering, however, says it will not renew or issue a new temporary permit. The department issued a statement emphasizing that the outdoor structure currently at the music complex is not meant for “long term, repetitive use.”
“A temporary permit is just that, temporary,” the department said Friday.
The outdoor stage, with capacity for about 2,000 concertgoers, is part of the recently opened music complex, 2915 N. Main, that has some of its closest neighbors complaining
of window-rattling noise from the bands that have played there thus far this summer. Outdoor shows scheduled after the Oct. 5 deadline include The Pet Shop Boys, Morissey and other big acts.
Some neighbors plan to speak out during the public comment portion of Wednesday’s City Council meeting about the permitting issues as well as complaints about sound from the shows.
The developers say they plan to eventually build a permanent stage, but they understood that the temporary stage could be used indefinitely as long as they applied for new temporary permits.
Last week, they submitted plans to the city for a permanent stage.
Garwood said Tuesday that he intends to meet with city officials this week. He said the city will find the stage structurally sound and should not deny the application.
“We do have the right to apply for a new permit,” he said. “Is there a guarantee they will grant it? No. … But it’s private land. They can’t say, ‘We refuse to look at your application.’
“All I want to do is not end up with lawyers.”
In April, the Chronicle quoted officials from the city’s Planning & Development Department agreeing the temporary stage was in compliance and could be used for up to 50 shows a year. Officials at the time called this practice “unprecedented” and described it as a “loophole.”
After that story and complaints from neighbors concerned about noise and parking, the developers applied for a temporary permit for the outdoor stage that was granted a day before the first concert. A temporary permit is meant to help developers get a business off the ground to get their permanent plans approved and built.
Several concerts were held over the summer on the outdoor lawn, including an all-day event headlining the Flaming Lips that resulted in a citation for violating the sound ordinance from the Houston Police Department.
City Councilwoman Karla Cisneros, who represents the area, said by email when asked about the temporary stage in April that she asked the Public Works, Planning and Houston Fire departments, as well as the mayor’s office, to look into the matter. She said all eventually agreed that the music hall was in compliance.
She also said at the time that the code might need further review.
She did not respond to request for comment Tuesday.
Public Works now says that such a structure cannot be located at a site for more than 180 days under the terms of the temporary permit.
“The city of Houston has never stated that a temporary stage operating under a temporary permit would be considered in perpetuity,” the department said in a statement to the Chronicle.
The department went on to say that the temporary stage, “does not have the structural integrity of a permanent structure subjected to long term, repetitive use. The electrical system under the temporary permit is not protected for long-term usage. The temporary stage does not address issues related to ingress/egress or sanitation facilities.”
The developers first applied for a permit to build a permanent structure in December. The plans were rejected five times for various problems with the plans, city records show. No plans have been submitted since February.
City records show that planners cited code violations over access to required toilets, setback and easement, and fire safety issues.
The city previously approved an economic development agreement to reimburse the developer up to $1.1 million for public improvements to sidewalks, landscaping and street lighting and for an upgrade to the public sanitary sewer line. The developers are also working with Harris County to upgrade the bayou trail system in the neighborhood.
The indoor portion of the White Oak Music Hall opened in August, although the larger of the two indoor stages can handle only half as many people as the outdoor stage.
The indoor venue is fully permitted, as is The Raven Tower, a renovated warehouse that serves as a bar and small outdoor venue. In order for the indoor venue to open, the Planning Department required the developers to build adequate parking for the outdoor venue as well.
The developers invested in new land to build a parking lot to accommodate this request.
Now, they are again in talks with the city about the outdoor portion.
Public Works spokesman Gary Norman — who earlier said “the stage cannot be legally occupied” once the permit expires — reiterated by email on Tuesday: “Things can always change, but for now we stand by our previous statement.”