Lockport NY

4/14/11

The Buffalo News and the LUSJ reported that the cermonial first break had occured on the old mall. As for the olf Walmart store:

...Smith said he’s been talking to Developers Diversified Realty of Beachwood, Ohio, the landlord of the existing Walmart, about a new tenant for that store.

Smith said DDR told him it can’t line up a retailer until they have 12 months’ notice the existing Walmart will be vacant.

“We’d like to see another department store,” Smith said. Target, Kohl’s and TJ Maxx are some of the names that have been mentioned, but nothing is anywhere near firm...

3/30/11

The Buffalo News reported that the mall will be down by the end of April:

The demolition of the Lockport Mall to make way for a Walmart supercenter will begin the week of April 18, Town Supervisor Marc R. Smith announced Monday.

A “demolition ceremony” to mark the occasion has been scheduled for 2 p. m. April 13, Smith said.

“I’ve been waiting for this day for a long time,” he said. Walmart first proposed a supercenter for Lockport in 2004....

6 years: about standard for the litigation heavy process for erecting a new Walmart.

The Buffalo News reported that interior prep work for the demolition of the mall has begun while Smart Growth still tosses out verbal lawsuit teases.

"Interior work has begun to prepare for the demolition of the Lockport Mall to make way for a Walmart supercenter, Town Supervisor Marc R. Smith said Thursday.

General Growth Properties, which sold the site to Walmart for $3.95 million, hired a contractor to do the work. Smith said removal of light fixtures and ceiling tiles containing asbestos started about two weeks ago and is expected to last two months.

After that, it will take about 10 days to tear down the mall..."

Below is an example of a Walmart (or any big box for that matter) with other store fronts integrated into the structure. It may seem forward thinking but look at places like the Palace Theater, or Shea's Theater in Buffalo and you can see it is just a thought come full circle. Instead of painted racing stripes on the cinder block or fake facades, why not some real stores/activity? Newer Walmarts are filled with salons/restaurants/banks etc in the front already. Just put in some front doors instead of blank walls......

Although the renderings for the proposed Wal-mart show a design better than the blank box the current one has, one is left to wonder why we continue to not push for something better? We get a tower "element" and a small courtyard between the buildings but who wants to hang out between two big-boxes? Employees on smoke breaks I suppose.

As far back as 2006, Wal-mart has been striving to (or forced to) conform with the localities it is building in. Sometimes it is the planning/zoning that gets it there but more often than not it is the planning/zoning that stalls it there. Wal-mart is a powerful force (for good and bad) and will still build where it sees the potential for growth. A locality might as well strive for the best, not just from Wal-mart but from any development creating the fabric we live in. Do we want an (asphalt) hole laden sheet or a thick comforter to spend our time in?

Here are two Wal-mart designs:

First we have one proposed for Austin Tx. If we can get past the attached ramp (not needed in the town) we can note a modern design. After seeing Wal-marts attached to malls in Canada, what would be so hard placing something like this at the corner of Shimmer and S. Transit. One entrance at the corner for pedestrians, bicycles, bus riders, etc and the other at the other end of the Shimmer Dr facade for automobile traffic parked at the pack. Plus along Transit the small courtyard would make sense.


Here we have design two from DC. Time to get even dreamier. Imagine this on the WNYCA/F&M block downtown. A pedestrian entrance for the Walmart plus other shops facing Main St. The new city municipal parking ramp integrated into the structure. The ability of lower income brackets (without transportation) to easily walk adding life to Main St. Harrison Pl would have additional across the street parking and a continuous street frontage making it feel connected to Main St. Get really crazy and incorporate residential along Locust and in the F&M with attached covered parking.

They are big dreams but without shooting for the stars we are unlikely to reach the moon, much less leave the ground. At a minimum, the open store frontage could of been incorporated into the town design thus conforming with some of the Transit North Overlay District iinitiatives.

Odds are what is done is done pertaining to this project. Another 20-30yr decision that holds us back from making Lockport somewhere memorable to live.
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"A community’s physical form, rather than its land uses, is its most intrinsic and enduring characteristic"

Both the Buffalo News and the LUSJ have reported on the issuing of permits for the demolition of the Lockport Mall structure. The Buffalo News goes into more detail about the next "Smart Growth" threat:

Foes of the Walmart supercenter project are threatening to sue the Town of Lockport again, claiming the building and demolition permits the town issued last week were illegal.

Daniel A. Spitzer, attorney for Lockport Smart Growth, a group of citizens opposing the project at the Lockport Mall site, said Monday the approvals the Planning Board granted the project in November 2007 have expired, and Walmart can’t go forward without reapplying, paying another application fee and going through another public hearing.

The town sees it differently:

The town anticipated this angle at the Nov. 12, 2008, Planning Board meeting. The board passed a resolution declaring that the one-year period to use the approvals wouldn’t start until all litigation in the case had concluded. That occurred early last year.

Spitzer wasn’t impressed, saying the Planning Board’s 2008 resolution was itself illegal.
“Show me where [the law] gives the Planning Board the authority to change the town law,” Spitzer said. “This is just a giveaway to Walmart.”

I  hope the motion is legal. I've seen this on the city Zoning Board etc. In our case it is usually the permit seeker coming back to explain the need for an extension every year. Starting the clock ticking after, or pausing during litigation makes sence. We'll have to wait and see if the planning board's motion is valid or if a greater change in law was necessary.

Also interesting are the restrictions that Walmart put on use of the property to remain under Gerenal Growth ownership:

The agreement says General Growth cannot place any grocery store, discount store, wholesale club or pharmacy on the property it still owns at the mall site. Other banned uses of the General Growth property include theaters, bowling alley, nightclub, health clubs, spas or any business that sells alcoholic beverages. A full service restaurant would be able to sell alcohol though, and Bon-Ton doesn’t count as a discount store.

“Bon-Ton does not constitute a discount department store or discount store,” according to the agreement.

The three “outparcels” that host the First Niagara, Arby’s and Wendy’s locations can remain in their current forms, but the landscaping, drainage and access points might be subject to change. Walmart will pay for a new sign for its supercenter, the Bon-Ton and the outparcel tenants.

Hopefully General Growth will dress up those out parcels during this process as they are some of the dirtiest looking along that stretch.

UPDATE 12/05/11:
LUSJ chimed in on the lawsuit threats.

The Buffalo News reported the possibility now that General Growth Properties has emerged form bankruptcy protection:

Town Attorney Daniel E. Seaman said Wednesday that he believes there will be action on the construction of a Walmart supercenter on the Lockport Mall site “fairly soon.”

General Growth Properties, owner of the mall, emerged from Chapter 11 bankruptcy protection last month. That means its transactions no longer must be approved by a federal Bankruptcy Court judge, which was one of the hurdles the project needed to overcome...

An interesting article in The Wall Street Journal about the money and voices behind some of the Walmart resistance across the US.

Robert Brownson long believed that his proposed development here, with its 200,000-square-foot Wal-Mart Supercenter, was being held hostage by nearby homeowners.

He had seen them protesting at city hall, and they had filed a lawsuit to stop the project.

What he didn't know was that the locals were getting a lot of help. A grocery chain with nine stores in the area had hired Saint Consulting Group to secretly run the antidevelopment campaign. Saint is a specialist at fighting proposed Wal-Marts, and it uses tactics it describes as "black arts."...

A good read for those around here who always felt that Tops was funding the resistance to the reuse of the old mall site as a Super Center.

Smart Growth the group, not the planning theory. ;) LUSJ reported.

The long legal ordeal between Lockport Smart Growth, the Town of Lockport and Walmart may finally have come to an end.

The state’s Court of Appeals denied an appeal by Smart Growth, the name by which local opponents of a Walmart supercenter are known. The court handed down its decision Tuesday, defeating a pair of motions made by Smart Growth.

Upwards and onwards....?

UPDATE:12/25/10
The Buffalo News also reported.

In the wake of the latest court decision, Seaman said the town hopes Walmart can begin construction this year.

A Walmart spokesman said the company hopes to start construction in late summer or early fall.

“There are still, however, some outstanding issues with the current owner of the property,” Philip Serghini said in an e-mail, “which, if not resolved, could extend that timeline.”

LUSJ reporting that "Smart Growth" has submitted its last chance appeal on the current suit. Seeing that unanimous decisions against it are the norm, this should go the same way.

The Court of Appeals will rule by mid-January whether to grant or deny Smart Growth’s bid for another day in court. That’s a bit more than two years since the group first filed suit against the town and Walmart.

The Court of Appeals is its last stop in the fight over planning waivers, according to Town Attorney Daniel E. Seaman. If the court denies its request for a hearing, “that’s the end of this suit, period,” he said.

On Tuesday, Seaman declined to predict if the group could find grounds for further litigation.

 That the process takes up to two years says something about our court system and/or what is backing it up.
 Semi-related: Overlawyered is always an interesting, if not maddening read.

Super-center 2011? Last post on the topic here: Walmart Inching Closer

For those interested in Walmart, some recent articles on MSN:

Why you should hate Walmart
Why you should love Walmart

In praise of Walmart - another pro, but some interesting facts pertaining to the economy. And...

Finally, those who fault large discounters for the decline of individual shopkeepers are ignoring trends that have been around for more than a half-century. Similar accusations were made after World War II, when the growth of supermarkets such as A&P contributed to the demise of locally owned butcher shops, vegetable stands and dry-goods stores. Yet today, the supermarket is a symbol of the American way of life, and specialty stores that cater to particular tastes, such as ethnic and gourmet foods, are still thriving.

Let me say that my family and I have not stepped into a Wal-Mart store for years. When one opened in Philadelphia a decade ago, we found the checkout lines far too long and personal service lacking. We prefer to shop at more "upscale" discount stores, such as Target.
But I vividly remember the people who shopped at Wal-Mart. Many were from Philadelphia's poorer neighborhoods, and they shopped as if every penny counted. When I see groups such as Acorn, the Association of Community Organizations for Reform Now, lead the battle against Wal-Mart by claiming to fight for "the disadvantaged classes," a thought comes to mind: Have any of their members ever spoken to any of the millions of Wal-Mart shoppers for whom the chain's "everyday low prices" are critical for making ends meet?

As an older rust belt city, Lockport has a big lower income demographic. Why should they have to pay $2 more a roll for paper towels down the road? I know the main issue is that the proposed Walmart is "too big for the site" but this is more for those that throw in other issues, even though they pertain to almost any big-box store. I understand Walmart is the biggest so it is the best target to attack but failing to note that it also applies to the rest is a bit disingenuous.

Walmart is so well run even making it better than our own federal government at providing disaster relief: Walmart at Forefront of Hurricane Relief. Though that may not be saying much? ;) When criticizing something (or anyone) it helps to also note what they do well. Nothing is purely "evil" and noting that helps give credence to your negative points.

Can Walmart to better? Yes. Though they consistently have done better than their competition, nothing is wrong with raising the bar. None of it though should preclude a new super-center here.

 LUSJ reporting that the latest Citizens for "Smart Growth" request was shot down. One more to go?

Walmart facilities have come a long way in the last 4 years. These delays will at least ensure we have a much better facility than we would have if it was built when originally announced.

WLVL reporting that the town of Lockport expects Walmart to purchase the old Lockport Mall by the end of the year and start the building process the early next year. It appears they do not see much threat in "Smart Growth's" latest appeal which has yet to be ruled on (expected Oct 2nd). I expected it to delay the project longer, so this is a nice surprise. Hopefully this schedule pans out.

The LUSJ  is reporting that I will continue to be spending my grocery money in Erie County for at least another year.

Legal papers filed this past Monday with the Rochester-based Fourth Department, Appellate Division of state Supreme Court, show Smart Growth wants a rehearing on a portion of its earlier appeal to that court, which claims the town planning and zoning boards violated various laws by approving the Supercenter site plan and associated documents.

If the Fourth Department declines to recommend the waiver question to the Court of Appeals, Smart Growth may then appeal to the court directly. An attorney with knowledge of the process said Wednesday that Smart Growth didn’t have to ask the Rochester court for a referral, but in doing so is able to cause a lengthier delay in Supercenter development.

And so it goes. If it has been kicked out and the confirmed by the appellate court how can they ask for another rehearing? Maybe the town would have it easier just changing the law in question? ;)



In other news  Niagara Falls has a nice new one with wide aisles, skylights etc. If anything this delay will ensure we have the most up to date store layout which has changed a lot since the one in Clarence went up.
 
Having a place to do a majority of grocery shopping near home is the big missing key for us right now. I know we will not be getting a Wegman's ever, but at least get the new Wal-Mart Supercenter going. Aldi and Sav-a-lot prices are not worth the experience and the prices at Tops and Quality just aren't worth it.
 
Maybe the city could strike a deal for the farm land between Summit and Ruhlman?
 
Post and Comments from last year.
 
UPDATE (07/17/09):
The Buffalo News now has an article with some additional information.

Mark Davison, a motions clerk for the Appellate Division, said the court is in its summer hiatus and won’t consider the case until September. He said the soonest a decision could be issued is Oct. 2.
Town Attorney Daniel E. Seaman said that although Wal-Mart hasn’t moved to complete its purchase of the Lockport Mall on South Transit Road and is not doing demolition work, the retailer is working behind the scenes to advance the project. “Everything will come together at once,” he predicted

Davison said further oral argument in the case will not be allowed. The judges will make their call based only on the papers submitted by Seaman and Smart Growth’s lawyers, Daniel A. Spitzer and Jill L. Yonkers of Buffalo’s Hodgson Russ firm.

“If they find something they’re interested in, they’ll just run with it,” Yonkers said

It also seems as if all the points are only technicalities as of now. I wonder why the town just doesn't change the two points that smart Growth is asking to be reconsidered. My thought is it may open the town to a whole new round of lawsuits.

The plaintiffs zeroed in on two aspects of the June 5 ruling. First, the Appellate Division ruled that there was no need for Wal-Mart to obtain a variance from the town’s rule that no more than 75 percent of a lot in its commercial corridor may be covered with buildings, parking lots or “other impervious surface areas.”


However, Smart Growth asserts that the town and Wal- Mart agreed such a variance was needed, but the town never actually granted it, and neither side submitted an argument about it to the court before June 5.

The other point is that the town’s waiver procedure, allowing the Planning Board to give applicants a pass on certain requirements of its Commercial Corridor Overlay District, confuses the functions of the Planning Board and the Zoning Board of Appeals.

In effect, the plaintiffs argue, such waivers are variances given by a board that lacks the power to grant variances, and thus, they violate state law. That’s why the Court of Appeals should take the case, Smart Growth asserts.

From the Buffalo News article:

LOCKPORT—Oral arguments in the appeal of a lawsuit aimed at blocking construction of a Wal-Mart supercenter here are scheduled for April 3 in the Appellate Division of State Supreme Court, Rochester.

“Everything’s ready,” Town Attorney Daniel E. Seaman said. “That should be a hard-and-fast date.”

A decision would be expected within 30 days after the arguments, Seaman said.

Lockport Smart Growth, a citizen group, is challenging the legality of the town’s approvals for the Wal-Mart, to be built at the Lockport Mall site on South Transit Road. Smart Growth lost last year before State Supreme Court Justice Richard C. Kloch Sr., and filed an appeal.

Older Walmart post with site plans etc: Smart Growth v Walmart (2008-11-23)

LUSJ reporting on the possible appeal from Smart Growth against the Walmart reuse of the old Lockport Mall site:
LUSJ Article
Here are the Town's pages on the project:
Town Wal-mart Information Page

Once upon a time there were a few good threads on this subject on the LUSJ forums. Unfortunately, those get removed after a certain amount of time. I'll relay out my thoughts on the project here and ask you to do the same, be it for or against the project. Please keep your comments respectful.

1) The Walmart building will still be smaller than the section of the mall that is being demolished.
Here is the link to the proposed site plan for the mall site:
Proposed Site Plan

2) I feel that the reuse of a property that brings new development back inward restrengthening the current town business district "smart growth". Walmart's usual plan of building on cheap land on the outskirts ends up pulling new development out to it, causing vacancies in older plazas. I was surprised when they took this development route.

3) "Made in China" arguments apply to all major retailers. Go into Target, Kohls, Kmart, etc and try to find "Made in the USA" items. Even in Tops, walk down the utensil isle and look to see where they are all made. Quite a few items in Walmart give options to pricier "Made in the USA" items and cheaper "Imported goods". I'm pretty certain that items like Bounty paper towels all come from the same place.

4) Traffic concerns seem to stem more from traffic management over actual traffic numbers. The signals 100ft apart at Shimmer and the HD plaza appear to back up traffic more than relieving it. As for accidents, it is a very basic intersection. The intersection of Rt 78 and 93 has its fair share of accidents too. Not much you can do with people who choose to ignore signals.

5)The existing Walmart site can be easily broken up to house some smaller businesses. HD plaza still has opening for businesses. The existing site can not house the Super Center though.

6)There will be basically no change in views for those living around the property:
Proposed View or Rear from Surrounding Properties
Being such a large building, it is best suited to be at the rear of the lot, with out parcels up to the street at the front of the lot. Only so much can be done with a 200,000 sqft building.


What is the true fight here? What are your thoughts?

UPDATE: 11/25/08 - fixed links

UPDATE 11/26/08 - New Renderings 09/2008 from Town Website

Wal-mart Transit Road Elevation

Bonton Update Perspective

UPDATE: 12/04/08 - LUSJ +BuffNews articles stating decision on appeal expected by April.

LUSJ Article

BuffNews Article

Aerial View of property in 1966