Walgreens, South Austin, and Zoning Regs

[Updates below.]

Is Walgreens Too Big and Unfunky for South Austin?

South Austin residents are bracing for a City Council vote July 17 that could land one of the nation's largest drugstore chains in a neighborhood of eclectic local businesses.

Walgreens drugstore is eyeing a piece of property at South Lamar and Bluebonnet Lane, where the company envisions a freestanding, 14,500-square-foot building with a drive-through pharmacy window. The development would require a zoning change from residential to commercial. The store would replace an existing Walgreens in a shopping center a couple of miles south.

Toward that end, the Chicago-based chain, which last year grossed $28.7 billion, has a contract to buy a portion of property currently operating as a trailer park. Fronting that property is the separately owned Harper Tract at 2403 S. Lamar, formerly occupied by Anna's Toy Depot. If the council gives its blessing, Walgreens would close on the mobile-home property and enter into a ground lease agreement on the Harper tract.

[...]

Needless to say, neighbors aren't happy with the prospect of a 24-hour Walgreens on Bluebonnet Lane, a small residential collector street. Walgreens would require access to its store from both Lamar and Bluebonnet and has committed to certain road and driveway upgrades. The corner is also a busy Capital Metro bus stop, and Bluebonnet serves as a direct route for students heading to Zilker Elementary west of Lamar.

The overriding concern of mine is the city interrupting a legitimate economic exchange between landowner and buyer. Walgreens should not be impeded by the government in it's property purchase from Gerald Payne, who is the current landowner. The agenda for the council meeting is here.

On the other hand, it would be extremely bad business to build in an area where you are not wanted.

Residents say that not only would they be subjected to a dangerous increase in traffic, but that the presence of a boxy chain store would throw the neighborhood's funky culture out of whack. "We certainly don't think it's going to improve the character of the neighborhood," said Kevin Lewis, president of the South Lamar Neighborhood Association, a relatively young group representing the area bounded by South Lamar, Manchaca, Oltorf, Ben White, and the Union Pacific rail line to the east. SLNA members voted unanimously to oppose both zoning cases before the council. (Thus far, Mayor Pro Tem Jackie Goodman and Council Member Daryl Slusher, both longtime South Austin residents, have expressed strong reservations about a Walgreens at that location.) Lewis said he and other SLNA leaders have had several discussions with Walgreens representatives, to no avail. "They've been very straightforward with us," he said. "They were polite but absolutely firm on their intentions."

Walgreens is a nice chain that conducts a wide variety of retail business at a reasonable price. I won't speak for these people, but having such a store nearby would be quite convienient.

At its proposed location, Walgreens would forgo its cookie-cutter stucco façade in exchange for native rock. "It looks better than the stucco," said Crocker. Moreover, Crocker says she doesn't believe the new location would generate a deluge of new trips to and from the store. "They already have an established customer base at its store down the street," she said. "This would be a better facility for the neighborhood."

An interesting proposal. I don't think I've seen a "native rock" Walgreens before, nor am I familiar with the native rock of South Austin.

The idea of zoning has never sat well with me. The government slices up the land in it's jurisdiction and then proceeds to set limits on what can be built there. Those limits can be changed and so can the zoning categorization itself, but it requires a long trip through the political and legal process. However, that doesn't change the fact that the state overrides the authority of the property owner. Almost universally, the reasons cited in support of zoning are "nuisances" the unregulated development might or is likely to create.

For example, zoning proponents say that it would be a nuisance for a skyscraping apartment complex to be built in a quaintly shaded "old town" neighborhood. The nuisances listed might include increased traffic and noise, indigent workers or occupants causing crime, and unsightlyness.

However, those proponents choose to ignore the reality of the situation. The property owners, managers, and stakeholders would not be the ones engaging in these activities. It is not just to punish and limit them over actions which not only haven't even occured, but which are the responsibility of others in the first place. Additionally, most of the nuisances involve no application of force on others and would constitute no legitimate criminal act. If you want to live in a city, part of the tradeoff is dealing with a higher level of traffic, eccentric citizens, and noise. As for aesthetic displeasure, I can't think of many more wasteful and debased usages of state power than to enforce artisitic standards.

It goes without saying that zoning contributes greatly (PDF) to economic harm.

You've got my approval, Walgreens. If you manage to buy the land and ownership is transferred to you, go right ahead if you feel the economics are beneficial.

UPDATE(12/5/2003 8:18pm)
Austin has now banned big box development over the Aquifer.

UPDATE(12/12/2003 2:29pm)
City approves site for Wal-Mart, Lowe'sThe city of Austin has given two retail giants the green light.

The Austin City Council approved the site at Ben White and Interstate 35 for a new Wal-Mart Supercenter.

The retailer promises that the new store will meet "the values and standards of the community" and follow strict environmental guidelines.

[...]

Lowe's has offered to meet some of the city's environmental building demands for a price.

Under the agreement, the city will receive $1 million in mitigation money.

Lowe's also will have to follow guidelines for its lighting and keep its arsenic-treated wood covered.

Copyright ©2003TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin
With the government whip not-so-subtlely kept in view, the two parties reach an agreement.

UPDATE(8/30/2004 9:55am)
Brewster McCracken's Jihad

Posted by Drizzten at July 16, 2003 06:56 PM