ZAP Commission puts off

Hearing Stratus PUD request

Neighbors told to compromise on demands

The Zoning and Platting Commission agreed unanimously last night to postpone consideration of Stratus Properties’ Bear Lake PUD, after Stratus’ attorney Steve Drenner told them that his client could accept a delay until the commission’s next meeting on Jan. 8. Several commissioners said they were anxious to hear about the project, but decided to give area neighborhoods one more chance to negotiate with the developer.

About 50 neighborhood and environmental supporters attended the meeting, many wearing tags indicating they were opposed to multi-family zoning and additional traffic on FM 1826. The proposed PUD straddles the Travis and Hays County line at the intersection of SH 45 and FM 1826. It consists of 536.7 acres, all within Austin city limits and the Barton Springs Zone. The developer has assured the city that the PUD will comply with the SOS ordinance.

Several commissioners indicated that they might not want to hear neighborhood complaints against apartments. Commissioner Keith Jackson said, “I am inclined to hear (the case) because a lot of the email I’ve been receiving has said leave it RR (rural residential) and that folks, is not in the spirit of compromise and neither is leaving no access on 1826.”

Commission Chair Betty Baker has lectured neighborhoods in the past about the need for apartments in Austin. She said she was frustrated by lack of information in the commission’s packets and directed city staff to make sure that information is available for the next hearing. She also said, “On this 2.5 mile stretch of 1826, I can count 4 driveways’ access to the west and if this were developed RR there would be at least 30 more.” She said she was warning the neighbors that traffic under RR could be much worse. “I would point out another frustration on my part . . . We have a tract coming in that complies with SOS and (seeing opposition is) disturbing.”

Drenner, of Drenner Stuart Wolff Metcalfe von Kreisler, told In Fact Daily that he and others have met with neighborhood groups five times since November 27, the previous time the case was postponed. He said area residents do not want apartment dwellers in their neighborhoods, even though traffic studies show that multi-family units produce less traffic than single-family homes. Drenner also said that apartments house fewer school-age children than single-family homes.

After the brief hearing, Brian Dudley, a member of the board of the Friendship Alliance, a coalition of neighborhood organizations along the FM 1826, told In Fact Daily, “Our primary concern is traffic safety hazards on 1826, where traffic is proposed to turn in and out of the PUD.” He said the planned apartments should have access to internal roads, rather than onto the old farm to market road. Asked if adding those roads would increase the impervious cover in the PUD, Dudley admitted that it probably would, but said neighbors had other ideas that might alleviate the situation.

Dudley said his group would like to see the apartments moved from the current location in the plans so that they do not have any impact on the dangerous roadway. He said the neighborhoods would like to see fewer multi-family units and would like them to be more like town houses.

Villas on Guadalupe get

ZAP Commission's proposal

Hotly contest project up for Council consideration Thursday

Developers of the proposed Villas on Guadalupe wound up on the short end of a vote by the ZAP Commission Tuesday evening. The project in the 2700 block of Guadalupe was back before the commission for yet another vote because last week’s recommendation, although supported by a majority of the commissioners voting, did not have the five-member majority required by commission rules. (See In Fact Daily, Dec. 6, 2001.) While last week’s ruling would have sent the proposed zoning change to the City Council with a recommendation of MF-6 with extensive restrictions, the vote at last night’s meeting was in favor of MF-4, also with numerous conditions. The vote was split 5-4.

The MF-4 recommendation, if approved by the City Council, could substantially reduce the number of units allowed on the property. Developers had originally proposed an apartment complex with 170 units, later reduced to 163 units and then to about 150 units. Representatives of the developer have estimated that under MF-4 the maximum number of units would be about 80, less than half of their original request. Mike McHone, representing the applicant, told commissioners they would prefer the recommendation for MF-6 with restrictions on parking, building height along 29th Street and Hemphill Park and a design featuring a “wrap around” parking garage.

Neighbors objected to the proposal for MF-6, calling for MF-4 instead. “The North University Neighborhood Association supports student housing at this site,” said attorney Rachel Rawlins, “but we still have to think about compatibility. The only way we can get this project down to a reasonable scale is if you zone Tract One MF-4.” The project is split into two tracts, with the zoning recommendation for tract two being CS-MU-CO to allow some apartment units to be built over an existing video store. Rawlins promoted the MF-4 zoning recommendation as a compromise. “You might remember the pictures we showed you when we were first at Planning Commission,” Rawlins said, displaying several pictures of how the proposed development might look. “This picture that we objected to so adamantly back then is MF-4.”

While commissioners were able to agree on the conditions to attach to their recommendation, there was division over the central issue of which multi-family zoning to recommend for the property. Commissioner Keith Jackson led the argument in favor of MF-6. “A pure MF-6 would be too much carte blanche for this site, but MF-4 would be too restrictive,” Jackson said. Chair Betty Baker agreed, with some reluctance, that the MF-6 zoning could be considered appropriate. “I’m not that thrilled about the MF-6, but if there’s a place in this city where MF-6 belongs it’s in the University of Texas area.”

A motion by Jackson to approve MF-6 for tract one failed on a vote of 4-5. Commissioners Niyanta Spelman, Angular Adams, Michael Casias, Jean Mather and Diana Castañeda were opposed. Castañeda originally wanted to abstain from voting, but was convinced to pick a side when it became apparent the commission would be split 4-4 without her participation.

Commissioners Casias and Spelman were the most vocal supporters for the more-restrictive MF-4 designation. “When we’re considering a large development, it’s very easy for us to forget the property rights of people around it who’ve been there for a long time,” Spelman said. “Often that could be their primary home, and in our bid to try and help a developer make their development, I don’t think we should be forgetting all the folks who live there. The fact that it’s near UT doesn’t change the fact that there are a lot of single-family homes and duplexes there.”

Casias moved to recommend the MF-4 zoning with restrictions; he also wanted to include language limiting the number of apartment units in the complex to 150. Other commissioners appeared to concur during the prior discussion on the motion in favor of MF-6, but were advised by staff that there was not a provision under the MF-6 zoning that would allow them to stipulate the maximum number of units. Casias brought up the 150-unit limit again during the discussion of MF-4 zoning, but decided not to include it in his motion. The final vote was 5-4, with same commissioners who opposed MF-6 voting in favor of MF-4. The item is posted for action by the full City Council on Thursday.

Commissioners delay wild

Pet ban for one more week

Commissioners say they won't consider registration

County Commissioners have delayed the approval of a wild animal ordinance for another week, although it still seems doubtful the court will choose regulation over banning.

The ordinance has gone through some revisions in the last week, providing specific exceptions for the Austin Zoo and the Crow’s Nest as non-profit sanctuaries approved under the designated IRS code. Circuses and college mascots are also included. Language has also been added to exclude pets such as boa constrictors and alligators from the list.

This week, cat breeders had questions about how hybrid cats were defined under the ordinance. As Jim Smith told commissioners, a number of breeds of cats included in the ordinance are approved as show animals for International Cat Association breed shows. Smith preferred regulation, as approved under the current guidelines set out by the USDA.

A veterinarian who works with exotic animals, argued in favor of grandfathering animals that are classified as “non-exotic” under a list compiled by the Texas Veterinary Medical Association. He expressed concern that exotic animals would have to be put down, given that many of the local sanctuaries and zoos are full.

Commissioners argued that they were only following the state’s definition of wild animals, as it was approved during the recent legislative session. That definition, County Judge Sam Biscoe told the group, could be changed with the new session.

After some discussion, Biscoe asked the court to delay approval of the ordinance for another week while the court tries to hammer out some compromise with private animal owners. Commissioners Ron Davis and Karen Sonleitner, however, drew a line in the sand and said they would not consider grandfathering or regulating animals.

The prime reason, Davis said, was the cost of regulating animals. Executive director Stephen Williams of the Health and Human Services Department estimated it would cost the county $56,000 to regulate 1,000 registered exotic animals. Fees—which would be $50 per animal and a maximum of $500 per animal owner—would not cover all costs.

Cat owner Lorre Brown said many like her feared for the safety of the animals that owners might release into the wild if a ban were enacted. Declawed cats with filed teeth couldn’t live 20 minutes out in the woods of Texas, she said.

Commissioners were told that exotic animal regulation in counties around the state is a mixed bag. El Paso County has chosen to regulate animals, whereas Dallas and Bexar counties have not taken any action. Tarrant County prohibits wild animals, while Harris County has been regulating them for years.

2001 In Fact News, Inc. All rights reserved.

Opponents for Sonleitner . . . After slugging it out with Republicans for years, Precinct 2 Commissioner Karen Sonleitner finally has a Democratic district. That should be good, but a number of disgruntled Democrats think the former TV reporter has become too Republican for the folks she represents. Both political consultant Jeff Heckler and former Council Member Brigid Shea are thinking about running against Sonleitner in the Democratic primary. Heckler told In Fact Daily yesterday that he has been working with an exploratory committee and has raised “a boatload” of money for the race. He said he is “99.9 percent sure I’m going to run against her in the primary.” Shea has not been raising funds and is asking for input from friends and supporters . . . Aulick receives raise . . . Michael Aulick, executive director of the Capital Area Metropolitan Planning Organization, got a 3.5 percent raise plus a one-time $1,229 from the CAMPO Policy Advisory Council Monday after his annual performance review. That puts his 2001 salary at $85,995 . . . More money for visioning project . . . The Capital Area Metropolitan Planning Organization voted to use both excess funds from a peer review report and federal transportation STP 4C funds to underwrite a portion of the Central Texas Regional Visioning Project. That brings CAMPO’s contribution to the regional transportation planning effort to $532,500. The regional visioning project, which will be run out of the Capital Area Planning Council’s Office, just hired ACC trustee Beverly Silas to administer the project . . . Fundraisers . . . Council Member Beverly Griffith’s first fundraiser is tonight at 5:30 pm at Mother Egan’s Irish Pub on 6th Street. Mayor Pro Tem Jackie Goodman is having a fundraiser on Dec. 20th from 5:30 to 8:30 pm at the home of Claudette and Hugh Lowe, 400 Academy. Thursday is the final Council meeting of the year. In Fact Daily will go on vacation from Dec. 20 to Jan. 7. Council meetings will resume on Jan. 9.