Developers of the new White Oak Music Hall in the up-and-coming Near Northside expect 3,000 people on Saturday for their first outdoor concert, a sold-out show by the French electronic band M83.

But neighbors already wary of the new venue, and the overflow cars and crowds likely to use their residential streets, say the operators are taking advantage of a loophole in the city's rules regarding land use by using a temporary stage and calling it a special event - one of dozens they have planned for the year, including three in May with some bigger-name bands.

Their ability to stretch the definition of "temporary" has flummoxed city officials.

"It's essentially asking for a special event three times a month," said Jennifer Ostlind of the Planning and Development Department.

Ostlind cited annual events such as the Fourth of July, Greekfest and Free Press Houston celebrations as the types of things that generally warrant the exception to parking requirements that a full-time venue would have. That said, there's nothing in existing city code that specifically precludes the use of a temporary stage on private property.

"There is no precedent for this situation," she said of the White Oak Music Hall plan. But, she added, "I will continue to argue that it's not special anymore. You are effectively changing the use of the law."

Temporary solution

Will Garwood, developer of the hall, has already opened the adjacent Raven Tower venue and bar and has a 1,500-seat indoor concert hall under construction. To get those businesses permitted, he has five parking lots under construction that will have to be open before the music hall opens.

"All is in order," Garwood said Tuesday. "The city is happy, excited and supportive."

Garwood said he and his business partners would like to eventually add a permanent outdoor stage, but in the meantime he plans to re-use the temporary stage. Upcoming acts include Sturgill Simpson, The Lumineers and Flaming Lips.

He said that even with some parking lots still under construction, the music hall will provide 352 spots, the number that would be required if the outdoor stage were permanent.

"We're building all the parking as if it's a permanent structure," he said. "That's the whole point. …We tried to build a permanent stage, we invested in the land and it's part of our long-term goal."

City Councilwoman Karla Cisneros, who represents the area, said by email on Tuesday that she asked the city public works, planning and fire departments as well as the mayor's office to look into the matter after hearing from several upset constituents. She said all eventually agreed that "the White Oak Music Hall project was in fact, in compliance for the event scheduled this coming weekend."

More Information White Oak Music Hall The nearly 6-acre site for the White Oak Music Hall complex, 2915 N. Main will open in stages: White Oak Music Hall: Capacity 1,500. The two-story building is under construction and is scheduled to open in July for room that will have capacity for 1,200 people and 300 people. The Lawn at White Oak: The 3,000 capacity outdoor venue with a temporary stage. First show scheduled April 9 as a special event. More events are scheduled throughout the next few months. The Raven Tower: The tower itself has a capacity of approximately 50. It also includes an indoor bar with capacity for 200 people, a patio overlooking the bayou with 650-person capacity and an open-air warehouse portion with a stage for concerts.

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But she also said the code might need further review.

"Current building codes, and ordinances, and permitting requirements did not anticipate this current situation and did not anticipate a business model that relies on a series of 'special events,' " Cisneros said in the email. "The City Administration recognizes that, and will need to address it. But for now, they have determined that everything is in compliance."

No 'special treatment'

Neighbor Kerry Whitehead, an architecture lecturer at Rice University, said she doesn't understand why the developers would be allowed to hold an outdoor concert without a permit. She said she realizes that developers have a lot of freedom in Houston, but she wants to make sure they follow the rules.

"They are saying, it will be just like Free Press Summer Fest, but we'll just do it 30 to 50 times a year," Whitehead said. "I don't want to change the rules on this developer. I feel like, I know where I live, I live in Houston. I bought property in Houston and I knew the rules when I signed up for this. I just want them to comply and not have special treatment."

Beth Lousteau, another resident of the neighborhood north of downtown and east of Interstate 45, has raised questions with planning officials about the White Oak Music Hall for months. She said she, too, understands the area is ripe for development, but she and her neighbors are concerned about the impact from parking and noise.

Ostlind said the developer submitted plans for an outdoor amphitheater that has not yet been approved.

She also acknowledged that putting up a temporary stage for a special event does not require a "certificate of occupancy," which essentially allows a project to open and certifies that all requirements are met.

"There are no permanent structures, no building code to review," she said. "For special events, we don't have a way to enforce parking. In this particular situation, they have a lot of parking plans for a music hall that isn't open yet."

The White Oak concert venue has stirred concerns among neighborhood groups about parking, traffic and gentrification in the historically working-class Near Northside.

The city approved an economic development agreement in December 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.

W2 Development Partners and other partners for the site, including Jagi Katial of Pegstar Concerts, known for Free Press Summer Fest, have worked with the neighborhood since the project was announced.