Big shopping center for Dripping Springs?
Developers want site that will include Home Depot and H-E-B, but city officials refuse to release zoning application.
http://www.statesman.com/business/content/business/stories/realestate/03/2drippingsprings.html
By Kate Miller Morton, Shonda Novak
AMERICAN-STATESMAN STAFF
Thursday, March 02, 2006
Developers have applied for zoning for a major shopping center that would include a Home Depot and an H-E-B grocery store in Dripping Springs, but city officials are refusing to make the documents public.
The developers are applying under the city’s new planned district development ordinance, according to people knowledgeable about the project. They said the site is near the southeast quadrant of the intersection of U.S. 290 and RM 12.
The project would be the first big commercial development in Dripping Springs, a city of about 1,500 people 25 miles west of Austin.
It’s also the first to apply under the ordinance, which is designed for big, complex projects that don’t fit under other city zoning rules. The site does not have sewer service, and major road improvements likely would be required.
Developers submitted their filing on Feb. 17, and the Austin American-Statesman has filed two requests under the Texas Public Information Act to see them.
On Wednesday, the city issued a news release acknowledging that it had received a proposal for a shopping center, without naming any tenants.
But the city also said it planned to keep the filing secret “until an internal review had been completed.”
Zoning applications are clearly public information under Texas law, said Joe Larsen, a lawyer for the Texas Freedom of Information Foundation.
The city said it thinks the application should be kept secret under exceptions to the open records law involving “draft regulations, real estate transactions and economic development negotiations.”
However, the draft exception applies only to certain internal government memos, not zoning filings, and the real estate exception applies only to transactions by government entities, according to an open records guide from the Texas attorney general’s office.
Joe Volpe, a City Council member, said the council discussed the project behind closed doors Tuesday night, although he would not disclose details.
“When we’ve had a chance to review it and we’re ready to begin discussion, all discussion will be in public,” he said. “If you just wait two or three weeks or so, it will all be out in the open.”
The executive session agenda for that meeting made no mention of a zoning or economic development matter. The Texas Open Meetings law requires agendas to identify all topics to be discussed, including in executive session.
The city has been heading in a progressive direction on development, said lawyer Jim George.
“The city has been attempting to bring tax-generating commercial stuff,” he said. “I don’t think anybody felt it would be too long before there was a major grocery center.”
George sued the city several years ago over development agreements as a board member of Friendship Alliance, a neighborhood group. More recently, he has worked with the mayor to establish a subdivision ordinance that encourages clustered development.
“The last time the city negotiated development agreements in secret caused a lawsuit,” said Rob Baxter, former president of the Friendship Alliance and a Democratic candidate for the Hays County commissioner Precinct 4 seat. “I wouldn’t expect them to invite that again, which means I would expect them to do the right thing and release the information.”
Despite a new ethics policy, a new city attorney and an overhaul of its ordinances, Dripping Springs continues to be hard to deal with, said Charles O’Dell, who heads HaysCAN, a group that has tangled with the city over development standards.
The city drags its feet on information requests and prevents him from talking with its development coordinator, he said.
“They’re trying to cut me off entirely,” he said.
Home Depot spokesman Don Harrison said Dripping Springs doesn’t appear on his grand-opening calendar through mid-2007 and that the company doesn’t comment on projects that aren’t on the calendar. An H-E-B spokeswoman said she could not immediately reach anyone who could comment.
kmorton@statesman.com; 445,3641; snovak@statesman.com; 445-3648
Additional material by staff writer Asher Price