HISTORY OF BETHANY LUTHERAN CHURCH’S LOTS 1 – 6

In 1996, Bethany Lutheran Church recorded its subdivision of lots 1-6 with the Travis County Clerk.  These lots, known as the Mission Bethany subdivision, are located next to the Church across from Bowie High School on Slaughter Lane.  In December, 1997, the Oak Parke subdivision, the area later designated as Brodie Wild and lots 1-6 of Mission Bethany subdivision were annexed into the City of Austin.  Lots 1 – 6 all lie within the Barton Creek Zone of the Edwards Aquifer Recharge Zone and therefore special land use and water quality regulations apply to them.

In 1998, Bethany Church filed a site plan with the City of Austin to develop the six tracts for strictly religious purposes.  Neither the Oak Parke Homeowners’ Association nor Oak Parke homeowners were notified of this proposed development.  The Church’s proposed plans would not have been allowed under the City’s then current land use and water quality regulations so the Church sought what it claimed to be its right to be grandfathered in on what it believed to be less stringent county requirements that existed prior to annexation.  The Church threatened a lawsuit against the City to enforce what it alleged were its prior “vested rights” to develop its property in accordance with the county requirements.  The City Council met in Executive Session with the City Attorney to discuss the proposed ordinance and the threatened litigation.  No public hearing was held.  That same year, the City Council passed an ordinance that basically allowed the Church to develop its six tracts under those standards and requirements enforced in the extraterritorial jurisdiction of the City of Austin (the “ETJ”). The ordinance expired in 10 years.  According to the Austin Planning Department, the site plan filed by the Church in 1998 was never approved by the City.

The Church built its huge sanctuary on or about 1999 and incurred an enormous debt.  Later the Church determined that it was too costly to build the rest of its planned buildings so it looked for a commercial buyer for these tracts.

In 2004, the Church attempted to sell lots 3 – 6 but it discovered that the remaining standards and requirements of the 1998 Ordinance did not permit the potential buyer to build the proposed project.  The Church went back to the City and again threatened litigation unless the City relaxed the impervious cover requirements.  Again there was no notification of the Oak Parke Homeowners’ Association or Oak Parke homeowners. Again the City Council met in Executive Session with the City Attorney and no public hearing was held.  The proposed sale fell through so in 2004 there was no new ordinance pertaining to the Mission Bethany lots 1 – 6 or amendment of the 1998 Ordinance.

In 2006, Walters Southwest began negotiating with the Church to buy a part of lot 3 and all of lots 4 – 6.  The 1998 Ordinance was due to expire in 2008 and Walters Southwest discovered, as had the previous potential buyer, that the remaining land use and water quality requirements of the 1998 Ordinance, though reduced, still would not permit the construction a 272 unit multifamily apartment complex.  Again the Church went to the City and again it threatened a lawsuit and argued that it did not get what it thought it had received from the 1998 Ordinance and it needed to pay off or reduce its enormous debt. Again there was no notification of the Oak Parke Homeowners’ Association or Oak Parke homeowners. Again the City Council met in Executive Session with the City Attorney and no public hearing was held. 

This time the City Council passed an ordinance that not only allows the construction of the 272 unit commercial multifamily apartment complex but it also further drastically relaxed the land use and water quality requirements, including the environmental protections of the SoS Ordinance and neighborhood compatibility standards.  While state law and the Austin City Code requires a zoning change when land use changes from religious and single family (IRR) to commercial multifamily residential (MF-2), no zoning change was required by the City and none is contemplated.  If a zoning change had been required, all property owners within 200 feet of the proposed zoning change would have been notified.  If the owners of 20% of the property surrounding the site had signed a petition opposing the zoning change, then the zoning could be changed only with a 6 of 7 (super majority) vote of the City Council instead of a 4 of 7 simple majority.

The transcript from the close captioned broadcast of the City Council meeting indicates that the City Council even observed that there was no opposition to the 2008 Ordinance.  No mention was made that the neighborhood was not notified and virtually no one was unaware of the proceedings.  Today, the Church, Walters Southwest and the City Council are moving ahead at full speed to develop the property with the 272 unit apartment complex. 

Information obtained from documents as well as interviews and meetings with the City of Austin staff, Walters Southwest and Bethany Lutheran Church’s attorney.