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[Part two] City of Austin v. Harry Whittington: the saga of a parking garage

Jude Galligan | December 5, 2008 |

by jude galligan

Who has legal claim to the Convention Cener parking garage?  The City of Austin or Harry Whittington?
Who has legal claim to the Convention Center parking garage? The City of Austin or Harry Whittington?

Part one begins here.

In 2003 Harry Whittington begins to win.  But, the City is proving to be just as stubborn with their appeals – just as Whittington had been between 2000-2003.

Whittington has postured himself along the following legal issues
1)    originally, the condemnation was incorrectly  processed
2)    on the second condemnation attempt, the City did not properly condemn the alley
3)    the City hasn’t demonstrated the condemnation was done out of necessity for a public purpose
4)    the City already has parking on 2nd & Trinity and the new parking lot and (later) chiller system are intended to benefit private sector, beginning with the new Hilton hotel, and specifically future developers

Chronology of events from 2003 to 2007 begins after the jump.

[Read more…] about [Part two] City of Austin v. Harry Whittington: the saga of a parking garage

Filed Under: buildings, city council, development, Real Estate, retail Tagged With: downtown austin, harry whittington, retail

City of Austin v. Harry Whittington: the saga of a parking garage

Jude Galligan | December 4, 2008 |

17k square feet of retail held hostage by the court

17,000 square feet of empty retail space rests at the base of the Convention Center’s parking garage. This retail space has the potential to add vibrancy and day time services to the Entertainment District.  This is the only retail space within a few hundred feet of the 555, the Sabine on 5th, the Hilton, the Hilton Garden Inn, and the Convention Center.   So, why hasn’t this space been filled?

After the jump:  Part 1 of the chronology of City of Austin v. Harry Whittington
[Read more…] about City of Austin v. Harry Whittington: the saga of a parking garage

Filed Under: buildings, development, downtown austin, entertainment district, Real Estate, retail Tagged With: downtown austin, retail

How Much Convention Center Is Too Much Convention Center?

Jude Galligan | November 19, 2014 |

Block 8 sits in the southern shadow of the Four Seasons Residences, just west of the Austin Convention Center.  There are signals that the City of Austin is posturing for another Convention Center eminent domain battle (à la the Whittington Saga Part 1 & Part 2, which we wrote about in 2008).

City Staff recently recommended that the City acquire the southern tracts of what’s known as Block 8 to be part of an expansion of the Austin Convention Center, the first step in a larger proposed expansion.

block-8 2

The Convention Center currently sprawls over six city blocks, and hosts 881,400 square feet of space.  The City Memo states that there is “solid evidence” for expansion and is wanting up to 305,000 in additional square feet! No doubt the abundance of downtown hotel rooms recently built, and under-construction is part of that “evidence”.

You can view the memo in a recent report from the Austin Monitor, though talks about this have been going on behind closed doors for a while before this.

block-8-tcad-parcels
Plat map of the southern half of Block 8

Below is the breakdown of current ownership of the southern half of Block 8 that the city is intending to initially acquire:

101 E Cesar Chavez / 302 E Cesar Chavez – this is one of the most awkward buildings in downtown Austin. The tenant, Casa Chapala, recently closed its doors.  Public records show the lot to be owned by Bloctavo Holdings LLC / John Calhoun Miller, a real estate attorney in Texas. May be a registered agent.

304 & 306 Cesar Chavez – downtown’s purveyor of Aprilias and Vespas, AF1 seems to hide in plain sight.  Owned by Bandy Real Estate LLC, a family operated LLC located in Kingsland, TX.

af1
AF1 Racing

316 & 316 1/2 Cesar Chavez  – A lovely surface parking lot (sarcasm), adjacent to the Christian Science Reading Room. Public records indicated this is owned by Bloctavo Holdings / John Calhoun Miller, a real estate attorney in Texas. May be a registered agent.

the view of the lot looking to the north
the view of the lot looking to the north

102 / 104 Trinity – The Christian Science Reading Room, owned by the First Church of Christian Science.

front exterior of the Christian Science Reading Room
front exterior of the Christian Science Reading Room

Southwest Strategies has been marketing the assemblage of the southern half of Block 8, hoping to get a developer to build with a long-term ground lease.

They describe Block 8 as follows:

The Block 8 Tracts are an assemblage of 4 smaller tracts. Currently, the western portion of the property along San Jacinto is improved with a two story building containing 6,103 sq. ft. currently leased to a restaurant on a short term basis. The central part of the assemblage is improved with a one story building containing 5,320 sq. ft. Tenant is on a month-to-month lease. The eastern portion of the assemblage consists of a paved parking lot utilized for contract parking and an owner occupied one story building consisting of 4,161 sq. ft.

It’s true that the block sits on a prime redevelopment location.  It’s near the convention center, has CBD zoning, and “is unencumbered by any Capitol View Corridors.”

block-8-capitol-view-corridor

Per the Austin Business Journal, “City officials invested about $110 million to expand the convention center in 2002 by several city blocks.”

In their memo, the City states that it has already sent what’s called a Letter of Intent to Acquire to the property owners, and is also already throwing around eminent domain references (though the memo does state that the City will make a good faith attempt to acquire the properties at market value).

The above lots are just the first part of the plan.  From the Austin Monitor: “Rizer suggests the city will need to acquire ‘the equivalent of three to four City blocks‘ to accumulate enough room for the additional space.”

As a resident of downtown, the prospect that an additional three to four blocks of CBD zoned downtown Austin land, currently occupied by thriving businesses, would be annexed by a sprawling Convention Center is alarming.  This would divide downtown Austin using brute force malaise-era design principals.  The City should instead be investing in sustainable design that enhances the preciously compact pedestrian experience our downtown currently affords to residents and visitors.

I call BS on the dogma that Convention Centers can only expand horizontally.  City leadership should invite world class designers to show us a better path to expand vertically on the already significant Convention Center footprint.

-Jude

Filed Under: austin history, austin neighborhoods, austin news, city council, development, downtown austin, Real Estate

Forgotten About Downtown Austin Retail Space Available

Jude Galligan | May 9, 2014 |

Many of you have passed by the Convention Center parking garage, and could be forgiven for not noticing the vacant retail space that wraps the ground level of the garage.  For the better part of 10 years the City and Harry Whittington were entrenched in lawsuits.

The space is finally available and the City is looking to get it leased up quickly.  The location at 601 e 5th Street is one block from the Metro station, Convention Center, Moonshine, and 6th Street.

I think if the City gets a synergistic mix of tenants this could be the beginning of a downtown retail hub, anchored by Waller Creek and the Metro station.  The location is excellent and is only made better with obvious access to parking above.

convention-center-garage-retail

Within a half-mile you’ll find 7,365 hotel rooms, ~6mm feet of office, 69 retail stores, 84 restaurants.  The City had an appraisal completed pegging the anticipated rent rate of $15.00-$18.00 NNN per year, which seems pretty conservative, even for the shell condition of the space.

There are three retail spaces available along Red River, ranging from 3,580 ft for the smallest space to the total contiguous 14,890 ft.

If you’ve got a good idea, the City is accepting lease proposals.

-Jude

p.s.  If you want to check out the building, the Austin Convention & Visitors Bureau (ACVB) recently relocated its visitors center to one of the prominent spaces along 4th Street (much better digs than their old 6th Street spot, IMO, and includes curated murals from local artists).

601_E_5th_Street_-_Attachment_A

Filed Under: austin retail, Downtown Austin Districts, Red River District

Art in Downtown Austin – The Art-o-mat®

AG | October 22, 2013 |

I see this quirky little machine every time I walk in Whole Foods HQ downtown to get a healthy helping of freshly made vegetable juice.  But I’m usually in too much of a hurry to pay much attention to it.  I kinda always knew what it was, just never *really* looked at it.  However, I had a few seconds the other day and I FINALLY took a closer look and was just as charmed as I always thought I would be!

It’s a vending machine for reasonably priced art ($5!)!  Yay!

art-o-mat-downtown-austin

According to their website:

The inspiration for Art-o-mat® came to artist Clark Whittington while observing a friend who had a Pavlovian reaction to the crinkle of cellophane. When the friend heard someone opening a snack, he had the uncontrollable urge to have one too.

In June 1997, Clark was set to have a solo art show at a local cafe, Penny Universitie in Winston-Salem, N.C. He used a recently-banned cigarette machine to create the first Art-o-mat®. It was installed along with 12 of his paintings. The machine sold Clark’s black & white photographs mounted on blocks for $1.00 each.

The show was scheduled to be dismantled in July 1997. However, owner Cynthia Giles loved the machine and asked that it stay permanently. At that point, it was clear that involvement of other artists was needed if the project was going to continue. Cynthia introduced Clark to a handful of other local artists and the group Artists in Cellophane (AIC) was formed.

art-o-mat-downtown-austin-1

These little machines are all over the nation, with four locations in Austin (they are currently in Whole Foods Global HQ on Lamar, Whole Foods @ Arbor Trails, Whole Foods in Bee Cave, and the Mercury store in the 2nd Street District – Whole Foods @ The Domain is in the works). I LOVE this concept because I think these little pieces of art make great gifts, and are a way better way to spend $5 than on a coke and a couple of candy bars or useless pieces of junk that you may get from other vending machines.

I was so intrigued that I just had to find out more.  So, I got in touch with the owner of the concept, Clark Whittington.  First off, he had only positive things to say about Austin, which is not surprising in the least.  He says that Mercury was the first venue in Austin and they’ve been there about 6 years or so – he says that Mercury has been great to work with.  Whole Foods then contacted him and has since taken the concept under their wing, which he says has taken the concept to a whole new level.

He also told me that, even though the machines are throughout the US, there are several Austin-based artists who have work in the Art-o-mats. Here’s the list of current Austin-based artists:

Deborah Abbott
Marilyn Kirk
Jon Lawrence
Donna Toutin
Gabrielle Toutin

art-o-mat-downtown-austin-2

Clark says that the real mission of the project is to promote artists. They have about 120 machines and about 300 or so participating artists. He describes the concept as the balance of art versus commerce.

I asked him how the concept has grown over the years. How it had started from one machine in a coffee shop in Winston-Salem to 120 machines across the nation. Here’s what he said:

I don’t really contact people because when I do I get treated like I’m selling vinyl siding, so I wait until I hear from people and then go from there. We’re an art project – it’s not the best business model.  It’s really weird how art centers and museums – if I pitch someone – they just start crunching numbers.  Lots of times, businesses like Whole Foods and Mercury understand that there’s more too it than every little nickel and dime.  Art-o-mat is not pretentious – we are reaching out to everyone, everyone is invited to participate.

I just want to share this with the world – with people that do get it.  The last thing I’d want to do is expand in a way that doesn’t mesh with what we’re doing.  We have to be calculated and relaxed with how we do things.  Artists and hosts have to find us on their own.

Logistically, every machine is owned by the studio – not only to control the quality of inventory – but because, at the end of the day, this represents Clark’s livelihood. There are a few collectors that own their machine, but most are on a lease. Then the host buys art from Art-o-mat on invoice, as needed. Clark works with artists to curate and distribute the art for the machines.

Clark says they are in need of artists, especially Texas artists.  If you, or someone you know, has an interest in either hosting a machine or providing art for the machine – you can visit Art-o-mat’s contact page on their website. He seems to be pretty responsive.  Want to see some amazing samples of the type of art work in the machines? Visit their Flickr page.

Filed Under: 2nd Street District, around town, austin art, austin lifestyle, austin small business, downtown austin, life, life in austin, retail, small business, urban family

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