Planning Commission declines to approve Lantana subdivision

City Attorney Andy Martin requests subdivision's approval

Six members of the Planning Commission could not agree Tuesday night on what to do about a request from Stratus Properties Inc. (formerly FM Properties) for a final plat of 169 acres of the Lantana Tract, Phase 1, Section 2. The proposed subdivision, at the intersection of Southwest Parkway and West William Cannon Drive, is located within the Barton Springs Contributing Zone, according to Pat Murphy, deputy environmental services manager for the Watershed Protection Department.

Stratus proposes to build multifamily housing and commercial and retail buildings, with up to 60 percent impervious cover of the net site area. The total tract is about 750 acres.

City Attorney Andy Martin told commissioners that Stratus filed the application for the subdivision approval along with a Chapter 245 application. Chapter 245, also known as House Bill 1704, allows developers to build under "grandfather" provisions. The legislation was enacted to prevent the city from changing development rules on projects that are in the approval process. Martin said the city and Stratus had reached an agreement resolving disputes over Chapter 245 and other regulations and he recommended approval to avoid litigation.

The proposed development would not meet water quality standards of the Save Our Springs Ordinance, according to Murphy, who said the development agreement would allow Stratus to build under the 1986 Comprehensive Watersheds Ordinance, with some exceptions that would improve water quality. State law sets forth certain requirements that a subdivision must meet in order to be approved. If those conditions are met, the Planning Commission has no discretion. Commissioner Betty Baker asked Don Perryman, the city's case manager of the project, "Is there any discretion on the part of this commission?" Perryman replied, "Not that I'm aware of." Commissioner Robin Cravey said there was still a question in his mind about what water quality ordinances should apply to the property.

The Planning Commission then met with Martin in executive session to hear the details of legal arguments concerning the tract.

Following the executive session, Cravey made a motion to postpone action on the subdivision for two weeks, saying he still needed more time to evaluate the issues. Cravey said he had received material from the Save Our Springs Alliance that he wanted to study and share with others. Only Commissioners Susana Almanza and Ben Heimsath voted with Cravey on the first motion to postpone. Then Baker made a motion to approve the subdivision. Baker, Chairman Art Navarro and Commissioner Ray Vrudhula then voted to approve. Finally, the group voted to postpone the item for one week. Commissioners Jean Mather, Jim Robertson and Gwen Webb were absent.

"If we could be full strength, I do believe we would be able to render a better decision," Heimsath said. He said he felt approval of the subdivision would be a major policy decision, affecting future growth in the sensitive area. "It's not clear to me which would be the best outcome for the city."

The Planning Commission is the final arbiter on subdivision approvals based on both city ordinance and state law. Martin told In Fact Daily that the city has been discussing the matter with Stratus since the company filed its application last fall. Richard Suttle of Armbrust Brown & Davis, who represents Stratus, had no comment.

North Austin neighbors find Planning Commission process unworkable

Neighbors vow to return in force

Members of the North Austin neighborhood group thought they were getting the city run-around Tuesday night, but decided to keep trying to work with the vagaries of city processes anyway. Ron Thrower, representing a single-family homeowner who wants to turn her North Austin home into a medical office, told five members of the Planning Commission that he had just learned the neighbors had a valid petition against the zoning change. Thrower asked for a postponement so he could meet with the neighborhood to seek a solution to the dispute. The property that is in dispute is at 1418 Cardinal Hill Drive, at the intersection of Parmer Lane and Willow Wild Drive.

Jonathan Luden, president of the River Oaks Neighborhood Association, said he and his neighbors had come to the commission's March 21 meeting, only to be told their case had been put off. He said he did not believe meeting with Thrower would change anyone's mind.

At that point, Commissioner Betty Baker made a motion to postpone the case, but could not muster the votes. Then Commissioner Ray Vrudhula made a motion to table the item until after the arrival of Commissioner Ben Heimsath, who was expected to appear shortly. Vrudhula could not get the others to go along with that motion either. With no agreement, the commission simply moved to the next agenda item. When Heimsath arrived, Commissioner Susana Almanza made a motion to hear from the approximately 20 neighborhood members who had gathered, but to postpone action. She could only get four votes, and the motion failed.

Baker suggested to Luden that he might receive a better outcome if more commissioners were present to hear the speakers as well as vote on the item. After conferring with members of the group, Luden said they would agree to the postponement and would meet with Thrower. He was granted a request to be first on the April 18 agenda.

Luden told his neighbors the process "is intended to be complex, difficult and impenetrable–to wear us down. This is a process fraught with nothing but damned if you do and damned if you don't. We can do more good by coming back and bringing more people with us."

Luden told In Fact Daily, "This is about what neighborhoods are up against. I wish it was unique to us. I really do. But with (the booming economy) every shred of dirt is worth a fortune. Every house that is in the way is in danger of being bulldozed."

Thrower said he had tried to meet with the neighborhood organization, but could not make the meeting that was scheduled. He said his client had planned to remodel her home to put in a small medical office. Thrower said the Texas Department of Transportation last week denied a requested driveway on Parmer for the property. That means the house will have to be torn down to make way for an office building at another location on the lot, he said.

The missing commissioners were Jean Mather, Jim Robertson and Gwen Webb. Mather has been ill.

ALGPC endorses two incumbents plus Alvarez and Barry for council

Lively forum hits issues of interest to gays and lesbians

The Austin Lesbian/Gay Political Caucus listened to 12 of the 18 candidates running for mayor and City Council last night, giving each two minutes for a stump speech and three minutes to field questions from the audience. Candidates who did not complete and return the questionnaires provided in advance were not allowed to speak, nor was mayoral candidate Dale Adrian Reed, a 53-year-old cab driver. Allan Baker, co-chair of the ALGPC, tells In Fact Daily that Reed wasn't given a turn because, "He didn't want our endorsement." Mayor Kirk Watson missed the event due to a speaking engagement in the far, far, far East Austin precinct of Brenham.

The fast-paced hour and a half of the forum was followed by a private, members-only meeting to vote on which candidates would earn the group's endorsement. Baker tells In Fact Daily the ALGPC endorsed Raul Alvarez in Place 2, Clare Barry in Place 5, Willie Lewis in Place 6, and Kirk Watson for mayor. With the endorsement comes financial and volunteer support of Austin's gay and lesbian community and the ALGPC Political Action Committee.

Place 2 candidates

Raul Ruben Alvarez led off, saying, "About 50 percent of our volunteers are from the lesbian and gay community." Asked how he would address the fear of gentrification of poor neighborhoods on the east side, Alvarez said his action plan for neighborhoods contains one way to keep neighborhoods affordable: abate or freeze taxes. "These are issues we see everywhere, although they are more acute in East Austin," Alvarez said.

Rafael Quintanilla Jr. stressed his connection to the gay and lesbian community through the past service of his wife, Diana Borja Quintanilla, who "ran City of Austin clinics for several years and was an ASA ( Aids Services of Austin) board member." In addressing other issues, such as making new growth compatible with neighborhoods, Quintanilla said, "I would suggest that (the term) Smart Growth be changed to Smart Growth and Neighborhood Protection." Asked his approach to preventing gentrification, Quintanilla defined it as "nothing more than dollars chasing property. A property owner who wants to sell will sell for the most money." He said the problem would be reduced by citizens having "good jobs and good income who can decide where they want to stay."

Gloria Mata Pennington said "Austin put all its eggs in one basket" and should diversity the economy by supporting small business and certifying minority businesses. Baker said he knew Austin firefighters who are gay but could not come out, and asked Pennington how she would assist. She said "a process needs to be put in place for people to be able to make that decision to come out or not." She answered another question by saying she would support insurance for domestic partners.

Place 2 candidates David "Breadman" Blakely, Raymond Blanchette and Montgomery Lee "Monty" Markland did not attend the forum.

Place 5 candidates

Linda Jean Curtis called herself "Linda for a Little Less Corruption," playing off the slogan that won overwhelming support at the polls for campaign finance reform of city elections. She said she began her activism in the early 1970s with abortion rights and health care clinics and moved on later in the decade beyond the issues of women, lesbians and gays to a broader movement. "We've allowed ourselves to be ghettoized in single-issue politics," Curtis said. As to domestic partners insurance, Curtis said, "There's no debate except with people who run things downtown." She vowed to "hit the streets" with gays and lesbians if they wanted to petition for an election to gain domestic partners insurance. In Fact Daily pointed out that voters had crushed domestic partners insurance at the polls in 1994, rolling back benefits already approved by the City Council. (The vote was 51,475 to roll back benefits, 31,082 to keep the benefits. In Fact No. 66, Oct. 23, 1996.) Curtis replied that the gay and lesbian community must "reach out where people live and build relationships. If we have to do it over and over again, do it."

Mary Clare Barry said gay friends were attending the candidate forum to support her. She said she would bring a legislative proposal to enhance affordable housing by reducing property taxes incrementally, based on how long a residential property has been occupied. In response to a question on how she would strengthen hate-crimes legislation, Barry said, "sexual orientation needs to be part of it."

Amy Juliet Babich said the main reason she was running was to improve nonmotorized transportation. "Getting around without a car has been neglected for at least 60 years," she said. Although sidewalks were not controversial, she said, "We never get them." "Things don't get done because no one on the council uses nonmotorized transportation," Babich said. In response to a question, Babich said she favored light rail but first the city should build sidewalks and be sure the rest of the transportation system is working well, including buses and trams, the latter a rail system that is lighter than light rail.

Roger Paul "Chip" Howe said he once lived in Melbourne, Australia, a city of 3 million people, and was heartened by a "gay parade that shut down the city." "It was heartwarming to see the city embrace this culture," he said. "I hope it can happen in Austin." If elected, Howe said he would meet with the lesbian and gay community every three months "to see what your needs are and to get them met."

William Patrick "Will" Wynn cast his connection to this community by saying, "I have a gay brother. I believe I'm familiar with issues that affect gay men." This sparked an immediate question about his willingness to learn about issues that affect lesbians. "I'm open to that," he said. One questioner said the renaissance of the warehouse district downtown was sparked by gay bars and now they are threatened with possibly being driven out by high rents. Wynn said that downtown was only about "20 percent built out" and "to the extent we can build downtown, there's room for as many to stay downtown as (possible)." He was not familiar with the issue of civilian oversight of the Austin Police Department. Asked if he was a supporter of Governor George W. Bush, Wynn said no, "I'm not sure who I'll vote for, for president. I'm quite independent and honestly undecided now."

Place 6 candidates

Incumbent Council Member Willie Clyde Lewis said he was running again for two reasons. One was to finish things he started, such as Traditional Neighborhood Developments like the one on the council's agenda this Thursday for Northeast Austin. The other reason, he said, "The staff can outlast the council members. They wait till your time is up, so I want another three years." In response to a question, Lewis, who is on the board of the Community Action Network, said he would try to increase funding for the CAN in the next budget cycle and look at "grouping what's funded." He said more insight is needed about the organizations being funded and more money is needed to give new groups a chance for funding. Asked what he would do to increase benefits for city employees, Lewis said he recently learned that the federal Department of Housing and Urban Development sells houses to teachers and police at 50 percent off. He said he would strive to get firefighters and EMS personnel added to the list. He said low-interest loans for homes in high-crime areas were given in South Carolina, along with zero-interest loans to fix those homes. Lewis said in the next budget cycle he would examine these ideas for use here.

Nelson Elester Linder said, "We've mastered technology. We need to master human knowledge and understanding." Linder said he founded (in 1988) the Garvey/Washington/Allen Project (named for black nationalist Marcus Garvey, educator Booker T. Washington and African Methodist Church founder Richard Allen). This is a training organization to help self-employed business people who don't think the system is working for them. The project was meeting monthly until his campaign started, he tells In Fact Daily. Asked why he was running for Place 6, Linder said, "I live there. I'm very familiar with the history of Place 6–East Austin…The East and South sector don't have faith in government. They've been neglected. They've been lied to."

Police officer Danny Thomas, the other candidate for Place 6, did not attend the forum.

Mayoral candidates

With Mayor Watson out of town and Dale Reed not interested in the endorsement, that left the floor to the two homeless transvestites. Jennifer Lauren Gale reminded the audience that Martin Luther King Jr. died 32 years ago to fight for civil rights. Gale said, "I'm running against a dangerous man (Watson), a cruel man, who wants to eliminate the homeless." He said Austin needs civilian oversight of police and police officers should be required to have a college degree.

Albert Leslie Cochran wore the same outfit as the night before at the Mueller Neighborhood Coalition, high heels, short skirt and pink boa. "Nine years ago I entered the gay community at the age of 40," he said. "I was warned not to make myself known." But, he said, "You should never do anything you're ashamed of and if you're ashamed, don't do it." Thus, the outrageous wardrobe, which he described as "dressing counter-culturally." Asked what should be done for gay and lesbian homeless people, Cochran missed the mark by talking about the need to teach school children not to hate.

What I said was…Place 5 City Council candidate Will Wynn wants to clarify what In Fact Daily reported he said yesterday: "I am not hoping for an economic downturn. My comment was: There will be a real estate downturn at some point. Some people may actually wish for that as a way to relieve some of the growth pressure. Due to this real estate downturn, we need to move forward sooner than later on the redevelopment of Mueller while there is good demand for real estate."… Candidates in action… The Austin Board of Realtors hosts a candidates forum today starting at 3 p.m. in the 2nd floor of the Education Building, 4106 Medical Parkway. For more info call Nicole Spitzer at 454-7636, ext. 39. In addition, the Austin Women's Political Caucus forum starts at 6:30 p.m. in the Travis County Commissioners Court, 314 W. 11th St., first floor. For more info call Celia Israel at 459-8095… Wynn's campaign team…Place 5 City Council candidate Will Wynn says his campaign consultant is David Butts, while his campaign manager is Pat Crow. Both are longtime veterans of Austin's political wars. The campaign is headquartered in the Scarbrough Building, Suite 714. Call 472-2313.