* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] UM, EVERYBODY WHO CAMERA'S ON DON'T LET ME KNOW. YOU'RE READY. ALL RIGHT. SO, UH, HAVING [Determination of Quorum / Meeting Called to Order] A QUORUM PRESENT, I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:05 PM. SO TONIGHT I'LL BE, UM, LEADING THE MEETING. UM, CHAIR SHOT IS OUT. SO, UM, I'LL TAKE A ROLL CALL HERE REALLY QUICKLY. UM, TONIGHT WE'VE GOT COMMISSIONER AZHAR IF YOU WOULD JUST WANNA RAISE YOUR HAND COMMISSIONER CONNOLLY. GREAT. JUST SAW YOU POP UP. COMMISSIONER COX, COMMISSIONER FLORES, COMMISSIONER HOWARD MISSIONARY MESH, TODDLER, COMMISSIONER, AND PRAXIS COMMISSIONER COMMISSIONER SCHNEIDER SHARE SHAW IS ABSENT COMMISSIONER SAY COMMISSIONER THOMPSON. ALL RIGHT, SO WE'VE GOT 12 COMMISSIONERS TOTAL AND, UM, COMMISSIONER SHAW IS ABSENT. I WOULD ALSO LIKE TO RECOGNIZE OUR EX-OFFICIO MEMBERS TONIGHT. WE HAVE BOARD MEMBER JESSICA COHEN, WHO IS FROM THE BOARD OF ADJUSTMENT. SO WELCOME. AND WE ALSO HAVE, UM, AISD EX OFFICIO ARTS ALREADY SEEN. ALL RIGHT. SO JUST A QUICK REMINDER, WE ALL ARE USED TO THE DRILL BY NOW. UM, JUST HAVE YOUR GREEN, RED, AND YELLOW ITEMS FROM VOTING READY AND REMAIN MUTED WHEN YOU'RE NOT SPEAKING, RAISE YOUR HAND TO BE RECOGNIZED AND IT'S EASY TO MISS YOUR HANDS. SO IF I MISS YOU JUST YELL AT ME, UM, FOR ANY PARTICIPANTS LISTENING ON THE PHONE, SELECT STAR SIX TO UNMUTE, AND IF YOUR ITEM IS PULLED FOR DISCUSSION, YOU DON'T HAVE TO REMAIN ON THE LINE. YOU WILL RECEIVE AN EMAIL WHEN WE WERE ABOUT 15 MINUTES AWAY FROM TAKING UP THE ITEM. SO, FIRST [Reading of Agenda] UP, WE'RE GOING TO GO THROUGH THE, THE CONSENT AGENDA TODAY, UM, INCLUDING THE APRIL 27TH MEETING MINUTES AND THE PUBLIC HEARING ITEMS THAT ARE CONSENT POSTPONEMENTS OR NON-DISCUSSION ITEMS. SO I'LL READ EACH OF THESE ITEMS CAREFULLY AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT. AND NON-DISCUSSION, IF YOU'RE WAITING ON THE LINE TO DISCUSS AN ITEM THAT IS ON THE CONSENT AGENDA, I'LL GIVE YOU THE OPPORTUNITY TO PULL THE ITEM FOR DISCUSSION AFTER I'VE READ THROUGH THE ITEMS. SO FIRST THE APPROVAL OF THE MINUTES, DO ANY COMMISSIONERS HAVE, UM, ANY CHANGES TO THE MINUTES FROM THE LAST MEETING? THIS IS APRIL 27TH. OKAY. SEEING NO UPDATES OR EDITS TO THE MINUTES WE MOVE ON TO PUBLIC HEARINGS. SO LET ME START WITH B ONE, WHICH IS A ZONING CASE. THIS IS PULLED FOR DISCUSSION ITEM IS C 14 DASH 2021 DASH OH OH FOUR EIGHT. MOORE'S CROSSING INDUSTRIAL PARK TRACT ONE AT 6,300 ELLROY ROAD AND 62 13 SOUTH FM NINE 73 ROAD. AND IN CREEK WATERSHED, UM, ITEM B TWO, HOLD FOR DISCUSSION C 14 2021 DASH ZERO ZERO FOUR NINE. MOORE'S CROSSING INDUSTRIAL PARK TRACK TWO. THIS IS GOING FROM GR TO L I RECOMMENDED IT'S BEEN FULL FOR DISCUSSION ITEM B3 PLAN AMENDMENT NPA DASH 2020 DASH ZERO ZERO ONE 6.047 12 AND SEVEN 14 PETRONELLA STREET AND 24 OH NINE CORONADO STREET. THIS IS A SINGLE FAMILY, TWO MIXED LIGHT USE LAND USE AND RECOMMENDED BY STAFF. THIS HAS BEEN PULLED FOR DISCUSSION AS HAS, UH, ITEM BEFORE A REZONING C4 14 DASH 2021 DASH ZERO ZERO ONE ONE SEVEN 12 SEVEN 14 PETRONELLA STREET AND 24 OH NINE VORNADO STREET. THIS IS GOING FROM SF THREE AND P TO C S M U N P. UM, WITH A RECOMMENDATION FROM STAFF OF L R M U N P. THIS HAS BEEN PULLED FOR DISCUSSION ITEM B FIVE IS A PLAN AMENDMENT. OKAY. NPA DASH 2021 DASH ZERO ZERO ONE SEVEN DOT OH ONE AT SEVEN 13, OR SORRY, SEVEN ONE ONE THREE BURNETT ROAD. THIS IS GOING FROM COMMERCIAL TO MIXED USE LAND USE, AND AS RECOMMENDED BY [00:05:01] STAFF THAT THERE HAS BEEN A REQUEST BY THE NEIGHBORHOOD TO POSTPONE UNTIL MAY 25TH WITH THE APPLICANT IN AGREEMENT ITEM B SIX IS A REZONING C 14 DASH 2021 DASH ZERO ZERO FOUR FOUR SEVEN ONE ONE THREE BURNETT ROAD. THIS IS GOING, UM, CS DASH ONE DASH SHEEO DASH N P AND CS DASH DOT DASH N P AND L O DASH C O N P TWO, MF SIX, NP WITH A STAFF RECOMMENDATION OF MF FOR NP. THERE'S BEEN A NEIGHBORHOOD REQUEST FOR POSTPONEMENT TO MAY 25TH WITH THE APPLICANT AND AGREEMENT. B SEVEN IS A RESTRICTIVE COVENANT TERMINATION. UM, THERE WAS AN ERROR ON THE AGENDA THAT'S BEEN PRINTED. SO I'LL READ OFF THE CORRECT NUMBER. IT'S C 14 DASH SEVEN TWO DASH ZERO THREE TWO RCT SEVEN ONE ONE THREE SEVEN ONE ONE FIVE BURNETT ROAD. AND THIS IS DETERMINATE, A RESTRICTIVE COVENANT THAT REQUIRES A 20 FOOT SETBACK AND IS REMIT RECOMMENDED BY STAFF. THERE'S BEEN A NEIGHBORHOOD, A REQUEST FOR POSTPONEMENT TO MAY 25TH WITH THE APPLICANT AND AGREEMENT ITEM, BA AS A REZONING C 14 DASH 2021 DASH ZERO ZERO FOUR ONE ANDERSON LANE CONDOS FROM GR M U C O N P TO GR M U V C O AND P. THIS IS RECOMMENDED BY A STAFF AND OFFERED FOR CONSENT AND ITEM B NINE REZONING C 14 DASH 2021 DASH ZERO ZERO FOUR TWO THREE ONE ONE FIVE MAYNOR ROAD, RESIDENCES CS, M U N P TWO C S M U V AND P. THIS IS RECOMMENDED BY STAFF AND OFFERED FOR CONSENT. I DIDN'T BE 10 REZONING. TEEN DASH 2021 DASH ZERO ZERO ONE SEVEN AT 57 OH EIGHT SPRINGDALE ROAD FROM G R N P TO G R M U AND P. THIS IS RECOMMENDED BY STAFF. THERE'S AN APPLICANT POSTPONEMENT TO JUNE 8TH AND NO OPPOSITION TO THE POSTPONEMENT ITEM. B 11 IS A REZONING C 14 DASH 2021 DASH ZERO ZERO TWO FIVE SIX OH ONE AND SIX OH THREE WEST 40TH STREET FROM GEO TO DMU THE RECOMMENDATION BY STAFF OF DMU. SEE, OH, THIS IS OFFERED ON CONSENT ITEM, B12 REZONING C4, 13 DASH 2021 DASH ZERO ZERO THREE SIX AT HIGHWAY TWO 90 AND 1826. REZONING GOING FROM R R TO G R. THIS IS RECOMMENDED BY STAFF. UM, THERE'S A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JUNE 8TH, WITH THE APPLICANT AND AGREEMENT ITEM B 13 C EIGHT ONE FOUR DASH 2020 DASH ZERO ONE THREE TWO CENTRAL HEALTH PUTT. THIS IS GOING FROM P TO PUD. IT'S RECOMMENDED BY STAFF. UM, IT IS OFFERED FOR DISCUSSION, BUT I MAY, UM, OFFER THIS, UM, UH, COMMISSIONER MUCH TALLER, HAD A CLARIFYING QUESTION ON THIS ITEM. UM, AND MAYBE WE CAN HEAR THE ANSWER TO THAT QUESTION AND STILL KEEP IT ON THE CONSENT AGENDA, UM, OR PUT IT ON THAT AS GET THE CONSENT AGENDA INSTEAD OF HAVING IT FOR DISCUSSION, UNLESS THERE'S OTHER QUESTIONS FROM THE COMMISSION THAT THE APPLICANT IS, UM, UH, AMENABLE TO THE STAFF'S RECOMMENDATION. AND THERE'S NOBODY SIGNED UP TO SPEAK CHAIR. I'D LIKE TO HEAR FROM STAFF AND SOME OF THE ITEMS. OKAY. WE CAN KEEP IT ON THEN. UM, SO B 13 WILL BE PULLED FOR DISCUSSION ITEM B 14 IS A SITE PLAN CONDITIONAL USE PERMIT. THIS IS SPC DASH 2020 DASH ZERO TWO ONE SEVEN C SENATE HILLS PARK. UM, THIS IS AN APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A PARK, WHICH IS COMMUNITY RECREATION. PRIVATE USE RECOMMENDED BY STAFF. IT'S PULLED FOR DISCUSSION SITE PLAN COMPATIBILITY WAIVER S P DASH 2017 DASH ZERO ONE EIGHT SEVEN C OUR ONE 2,800 DEL CORTO SITE PLAN REVISION. THIS IS AN APPROVAL OF A COMPATIBILITY WAIVER FROM LDC 25 DASH TWO DASH 10 63 AND 25 DASH TWO DASH 10 67 [00:10:01] F TO ALLOW SWIMMING POOLS TO APPROACH INTO THE COMPATIBILITY SETBACK RECOMMENDED BY STAFF AND IT'S OFFERED FOR CONSENT. AND THEN FINALLY, B 16 HERITAGE TREE VARIANCE TP ONE EIGHT TWO TWO FOUR ONE WHEN CHESTERTON FIELD ADVIL. THIS HAS BEEN WITHDRAWN BY THE APP. OKAY. UM, ONE OTHER THING THAT I WOULD LIKE TO, UM, PUT OUT THERE TO PUT ON THE CONSENT AGENDA IS OUR, UM, E ITEMS. SO THE NOMINATIONS AND RECOMMENDATIONS E ONE THROUGH FOUR. UM, THIS IS PER EXHIBIT A OF THE BACKUP. THESE ARE ALL REAPPOINTED AS A REAPPOINTING OF ALL RETURNING PLANNING COMMISSION MEMBERS TO CONTINUE SERVICE ON THE JOINT COMMITTEES. SO, UM, FOR THE CODES AND ORDINANCES JOINT COMMITTEE, THIS WOULD BE FOR COMMISSIONERS AS ARE AND CONNOLLY FOR THE COMP PLAN JOINT COMMITTEE. THIS WOULD BE COMMISSIONERS TO BE HONEST, BURRITO AND SCHNEIDER, OR THE SMALL AREA PLANNING JOINT COMMITTEE. THIS WOULD BE COMMISSIONERS HOWARD THOMPSON AND SHEA. AND FOR THE JOINT SYSTEM SUSTAINABILITY COMMITTEE, THIS WOULD BE COMMISSIONER SCHNEIDER AS A SECONDARY. DOES ANYBODY DISAGREE WITH THAT BEING PLACED ON THE CONSENT AGENDA? SEEING NONE? LET ME GO BACK THROUGH OUR CONSENT AGENDA. UM, SO WE HAVE THE APRIL 27TH MINUTES ITEMS B FIVE, B SIX, B SEVEN, THE EIGHT, THE NINE, THE 10, THE 11, THE 1215, B 16, AND ITEMS E ONE THROUGH FOUR. UM, BEFORE WE MAKE A MOTION, UM, ARE THERE ANY RECUSALS I HAVE TO RECUSE FROM ITEM B NINE, WHICH IS THREE ONE, ONE FIVE MEANER ROAD. MY FIRM DESIGN WORKSHOP HAS BEEN HIRED AS THE LANDSCAPE ARCHITECT. ARE THERE ANY OTHER RECUSALS? ALL RIGHT. DO YOU ANY OF THE COMMISSIONERS WANT TO PULL ANY OF THE NAMED CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA? ALL RIGHT. CHAIR, COMMISSIONERS AND ANDREW RIVERA. YES. IF WE COULD PLEASE. THE NOTE ON THE MINUTES OF APRIL 27TH, THAT COMMISSIONER SINGH WAS PRESENT. IF WE'LL MAKE THAT MINOR CORRECTION, PLEASE. OH, SURE. UM, COMMISSIONER SEEING, SORRY, WHAT, WHAT DO WE NEED TO DO MANDARIN? JUST TO NOTE A CORRECTION THAT COMMISSIONER SINGH WAS PRESENT ON APRIL 27TH FOR THE MINUTES. OH, I SEE. OKAY. SO YES, THAT WILL BE A CORRECTION TO THE APRIL 27TH. UM, MINUTES THAT COMMISSIONER SEEING WAS PRESENT WHERE'S JARRETT. DO WE NEED TO, UH, VOTE TO APPROVE MINUTES? SO THOSE ARE THE MINUTES WE'LL GO WITH THE REST OF THE CONSENT. UM, GOT AGENDA WITH THAT CORRECTION. OKAY. I HAD ONE QUESTION I'M SURE ABOUT, OH, YOU'RE ON MUTE. SORRY ABOUT THAT. THAT'S THE DISADVANTAGE OF USING THE SPACE BAR AND DIFFERENT TABS. SO NOW I DON'T HAVE THE NUMBERS IN FRONT OF ME, SORRY, CORONADO CHASE, UH, THREE. SO WE HAD RECEIVED SOME COMMUNICATION ABOUT A DESIRED POSTPONEMENT FROM THE NEIGHBORHOOD. UM, BUT I DON'T THINK IT WAS AN OFFICIAL REQUEST. UM, AND I DIDN'T KNOW IF THAT WAS SOMETHING THAT WAS UP FOR CONSIDERATION OR IF WE NEED TO JUST, UH, MOVE FORWARD WITH DISCUSSION. I THINK IT IT'LL COME UP DURING OUR DISCUSSION IF IT ENDS UP NEEDING TO BE POSTPONED. IS THAT, THAT WOULD BE PART THE DISCUSSION. OKAY. SORRY THAT WASN'T A CONSENT AGENDA QUESTION. THAT WAS JUST A PROCEDURAL QUESTION. I APOLOGIZE. THAT'S OKAY. UM, ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. IS THERE A [Consent Agenda] MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AND APPROVAL OF MINUTES AS HE COMMISSIONER COX AND COMMISSIONERS ARE AS A SECOND? ALL THOSE IN FAVOR GREEN THREE, FOUR, FIVE, SIX, SEVEN. AM I SEEING YEAH. ALL 12, 12, [00:15:02] FOUR. ALL RIGHT. THANK YOU. ALL RIGHT. WE'RE THROUGH THE CONSENT AGENDA. UM, SO OUR FIRST [Items B1. & B2.] DISCUSSION IS TONIGHT. UM, WE HAVE ITEMS B ONE AND B TWO WILL BE TAKEN UP TOGETHER. SO, UM, I HAVE FROM, UH, THE CITY GOOD EVENING. MY NAME IS WENDY RHODES WITH THE HOUSING AND PLANNING DEPARTMENT, AND I WILL BE PRESENTING FOR CITY STAFF TONIGHT. THESE ARE TWO UNPLANTED PROPERTIES THAT ARE UNDEVELOPED. THEY HAVE ACCESS TO NINE 73 AND ELLROY ROAD. THE NORTHERN TRACT HAS INTERIM RURAL RESIDENTS ZONING THAT WAS ASSIGNED IN 2010 WHEN IT WAS ANNEXED INTO THE LIMITED PURPOSE JURISDICTION. THE SOUTHERN TRACT KNOWN AS TRACK TWO HAS GR ZONING THAT WAS IN THE, UH, MUNICIPAL UTILITY DISTRICT. AT THE TIME IT WAS CREATED IN 1988. BOTH PROPERTIES ARE WITHIN THE AIRPORT OVERLAY ZONE, WHICH DOES NOT ALLOW FOR RESIDENTIAL USES TO OCCUR. THERE IS A MINING OPERATION TO THE NORTH UNDEVELOPED LAND AND A TRIBUTARY OF ONION CREEK TO THE EAST AND UNDEVELOPED LAND TO THE SOUTH. UH, THERE IS A CLOSED LANDFILL ACROSS NINE 73 TO THE WEST, AS WELL AS A VACANT FOOD SALES USE A FEW RESIDENCES AND UNDEVELOPED PLAN THAT IS, UH, UNDER THE OWNERSHIP OF ABI A, THE APPLICANT IS PROPOSING TO ZONE AND REZONE THE PROPERTIES TO THE LIMITED INDUSTRIAL SERVICES, UH, DISTRICT FOR UNDETERMINED USES. THE INTENT IS TO COMBINE EACH TRACK WITH ADJACENT L I ZONED PROPERTIES TO CREATE A LARGER SITE. AND THE STAFF IS RECOMMENDING THE APPLICANT'S REQUEST FOR BOTH CASES BASED ON THE FOLLOWING ITS ADJACENCY TO INDUSTRIAL USES AND ZONING AND ALL DIRECTIONS AND ACCESS IS TAKEN TO NINE 73 AND ELLROY ROAD, BOTH OF WHICH ARE CONSIDERED OUR TIER ARTERIAL ROADWAYS. AND THAT CONCLUDES MY PRESENTATION. THANK YOU. GREAT. THANK YOU. UM, DO WE HAVE THE APPLICANT, UM, MS. GLASGOW ON THE PHONE CHAIR? I'M SORRY. UH, YEAH. UM, MS. RHODES, WAS THAT FOR ? YES, IT'S A COMBINED STAFF REPORT THAT COVERS BOTH CASES. THANK YOU. GOOD. THE COMMISSIONERS, UM, ALICE GLASGOW REPRESENTING THE APPLICANT, UH, RHODES IS JUST STATED VERY CLEARLY THAT THE PROPERTIES THAT ARE BEING REZONED THE INTENT IS TO COMBINE THEM WITH THE ADJOINING PROPERTIES TO CREATE LARGER LAND AREA AND TO BE CONSISTENT WITH THE ZONING SITE DEVELOPMENT REGULATIONS FOR THE PROPERTY. IF SOMEONE CAN PULL UP THE PLAN FOR ME, I CAN SEE THE, UH, AS MS. RHODES INDICATED THE PROPERTIES THAT ARE BEING REZONED, I'VE TAUGHT OUT THE MORRIS CROSSING MUNICIPAL UTILITY DISTRICT AND MUNICIPAL UTILITY DISTRICT PLAN TENDED TO ARE CREATED IN ORDER TO PROVIDE UTILITIES. TWO AREAS, WATER WASTEWATER, THAT ARE TYPICALLY, UM, UH, NOT PROVIDED BY THE CITY, UM, IN OUTSIDE PIVOT JURISDICTION, THE MOST COSTING METHOD IS, UH, IN LIMITED PROPER ANNEXATION. SO THE PROPERTY TO THE WEST IS CALLED ELWHA WEST, AND IT'S IMMEDIATELY SOUTH OF THE AIRPORT. AND THEREFORE RESIDENTIAL USES ARE PROHIBITED. SO THE MUD WAS CREATED AND APPROVED BY THE CITY COUNCIL. AND THE LAND USES THAT ARE CALLED ELEVAR WEST ARE INTENDED TO BE COMMERCIAL AND OR INDUSTRIAL IN NATURE. THE PLAN YOU SEE IN FRONT OF YOU IS, UH, MY CLIENT'S DESIRED LAND, JUST FUN. AND YOU CAN SEE THE RED REPRESENTS COMMERCIAL USES TO HAVE RETAIL USES ALONG THE SIDE TRACK TWAN ON YOUR CITY'S TAP ZONING MAP, YOU CAN SEE IS A TWO ACRE SMALL TRIANGLE. THAT IS A REMNANT OF A LOT OF WAYS THAT RESULTED FROM THE REALIGNMENT OF ELWOOD ROAD, SO THAT THE LITTLE TRIANGLE NEEDS TO BE ZONED FROM INTERIM RURAL RESIDENTIAL TO ALLY TO MATCH THE ADJOINING PROPERTY. THAT IS, OF COURSE YOU CAN SEE IN RED IS ALLY, AND THEREFORE IT CAN CONFORM WITH THOSE SITES DEVELOPMENT REGULATIONS. THE TRACKS TO THE SOUTH THAT IS BEING ZONED FROM GR TO ALLY, THE SAME REASON HE NEEDS TO MATCH THE ADJOINING LAND THAT IS OWNED ALLY. SO THAT CAN BE, UH, PLANNED WITH CONSISTENT LAND USE ZONING. SO USE OF THE UNSPECIFIED AT THIS TIME, BECAUSE ZONING IS SUPPOSED TO CONSIDER WHETHER THE APPROPRIATE FOR THAT AREA. AND, UH, I USE IS DETERMINED AT THE TIME OF SITE PLAN UNDER THE ORDER [00:20:01] OF PROCESS AS DESCRIBED IN THE CITY'S NINE DEVELOPMENT CODE, YOUR AUTO PROCESS OF BEING ZONING FIRST DETERMINE THE APPROPRIATE LAND USE, AND THEN SUBDIVISION IF REQUIRED FIVE POINTS AND A THIRD ORDER PROCESS, AND THEN BUILDING PLAN. SO A LAND USE DOES NOT HAVE TO BE IDENTIFIED AT THE TIME OF ZONING, AS LONG AS BY THE TIME THE CYCLIN IS SUBMITTED. THE USE THAT IS CONTEMPLATED AT THE TIME COMPLIES WITH THE ZONING DISTRICT THAT THE PROPERTY HAS BEEN ASSIGNED. THAT CONCLUDES MY PRESENTATION. I'LL BE GLAD TO ANSWER ANY QUESTIONS THE COMMISSION MEMBERS MIGHT HAVE. THANK YOU. SO WE DON'T HAVE ANY OTHER SPEAKERS SIGNED UP, UM, MS. GLASGOW, I GUESS TECHNICALLY YOU WOULD HAVE SOME REBUTTAL TIME IN CASE YOU WANT TO USE THAT. OTHERWISE WE OKAY. WE CAN, UM, LET'S CLOSE THE PUBLIC HEARING. CAN I GET, UH, COMMISSIONER IS OUR COMMISSIONERS SCHNEIDER AS A SECOND. ALL THOSE IN FAVOR. ALL RIGHT. WE HAVE 12, UM, LET'S START WITH QUESTIONS AND JUST A REMINDER, MAKE SURE YOU STATE WHO THE QUESTION IS FOR COMMISSIONER COX. UH, JUST A QUICK QUESTION FOR STAFF. UM, I NOTICED THAT THIS PROPERTY IS DIRECTLY BELOW OR DIRECTLY SOUTH OF, OF RUNWAY 35 RIGHT AT THE AIRPORT. SO I ASSUME THERE'S SOME SORT OF HEIGHT HAZARD OVERLAY THAT RESTRICTS WHAT CAN BE DEVELOPED ON THIS PROPERTY OTHER THAN JUST NO RESIDENTIAL, UH, TO PROTECT THE APPROACHES AND DEPARTURE SERVICES AT THE AIRPORT. UH, YES, THE, UH, WITH REGARDS TO THIS, THIS PROPERTY IS LOCATED AS WELL AND THE LAND USE CONTROLLED COMPATIBLE USE AREA. AND SO, UH, SOME OF THE USES THAT ARE PROHIBITED IN THIS AREA AND IT'S, IT'S ENFORCED BY A STAFF IS, UH, BUILDINGS THAT HAVE A LOT OF GLASS BECAUSE THEY INTERFERE WITH PLANES AS WELL AS, UM, USES LIKE LANDFILLS THAT ATTRACT A LOT OF BIRDS, BUT THERE ARE, THERE ARE HEIGHT RESTRICTION DUE TO THEIR PROXIMITY TO, OKAY. OKAY. THAT'S ALL. YEAH, THERE ARE HEIGHT RESTRICTIONS AND THOSE WOULD BE IMPLEMENTED AT THE TIME OF SITE PLAN. THE MAXIMUM HEIGHT UNDER THE ALLY DISTRICT WOULD, IS 60 FEET. UM, SO, BUT, BUT THAT WOULD BE, UH, THE ACTUAL HEIGHT WOULD BE REVIEWED AT THE TIME OF SITE PLAN OR WOULD HAVE TO BE WITHIN THAT 60 FOOT LIMIT. AND, AND THIS IS JUST PURELY OUT OF CURIOSITY, NOT NECESSARILY ABOUT THIS CASE, BUT WHEN IT'S WITHIN THAT PROXIMITY TO THE AIRPORT, DOES, DOES THE SITE PLANNING APPLICATION GETS SENT TO THE AIRPORT STAFF FOR THEM TO REVIEW? YES, IT DOES. OKAY. THANK YOU. I HAVE A QUESTION FOR STAFF YOU'LL REMIND ME, UM, IF THE FLOOD PLAIN DESIGNATIONS HAVE BEEN UPDATED FOR ATLAS 14 WITH THESE CURRENT, UH, CONSIDERATIONS, UH, WHAT IS, IS SHOWN ON THE MAP AS RURAL RESIDENTS AND, AND IS, UH, AS A FLOOD PLAIN THAT MAY OR MAY NOT BE CURRENT, UH, REFLECT CURRENT CONDITIONS THAT OUR, OUR ZONING WAS ASSIGNED IN THE, UH, 19 IN THE LATE EIGHTIES. SO IF IT HAS EXPANDED, UM, IT, IT WILL NOT BE REFLECTED AS PART OF THE RR ZONING THAT'S SHOWN ON THE MAP. UM, BUT AT THE TIME OF SITE PLAN, THE APPLICANT WILL, THEY DON'T HAVE PREVIOUS APPROVALS ON THIS PROPERTY, SO THEY WILL BE SUBJECT TO OUTLETS. 14. THANK YOU FOR THE CLARIFICATION. YOU'RE WELCOME, MR. SAY THAT TWO QUICK QUESTIONS. UM, SO FIRST OF ALL, JUST CURIOUS ON, UM, ON, UH, ON PROPERTIES LIKE THIS, I MEAN, TYPICALLY SINCE THIS THING HAS BEEN ANNEX AND IT'S LIMITED PURPOSE AND SUCH, SO, UM, WHY IT'S COMING TO PC INSTEAD OF ZAP, JUST TO GET SOME CLARIFICATION. AND THEN THE OTHER QUESTION IS, UH, WOULD THIS SITE BE HIT BY THE COMPATIBILITY BY THE ADJACENT SF TO REGULATING ITS HEIGHT AND SETBACKS AND SUCH THAT'S THE STAFF? OKAY. UH, SO THE FIRST QUESTION IS BECAUSE BOTH THIS PROPERTY IS WITHIN A MUNICIPAL UTILITY DISTRICT. THE PLANNING COMMISSION HAS PURVIEW OVER PROPERTIES THAT ARE WITHIN MUNICIPAL UTILITY DISTRICTS. THAT INCLUDES PILOT KNOBS ON CHASE. [00:25:01] THIS IS ANOTHER ONE, UH, KNOWN AS MOORE'S CROSSING. UH, SO EVEN THOUGH THIS IS, IF THIS WAS OUTSIDE OF A, OF A MUD, IT WOULD GO TO THE ZONING AND PLANNING COMMISSION TO GET, BUT THE HOWEVER, BECAUSE IT'S INSIDE, IT GOES TO PLANNING COMMISSION. UM, AND YES, UH, BY ZONING ALONE COMPATIBILITY WOULD BE TRIGGERED BY THE ADJACENT ZONE PROPERTIES TO THE SOUTH. THOSE ARE, UM, UNDEVELOPED PROPERTIES AND RESIDENCES WOULD NOT BE ALLOWED THERE. SO THE APPLICANT WOULD, UH, COULD REQUEST A COMPATIBILITY WAIVER AT THE TIME OF SITE PLAN. SO THOSE SF TWOS ARE ALSO IN THE AIRPORT OVERLAY. IS THAT RIGHT? OKAY. YEAH, I SEE. SO THAT THE WHOLE AREA IS GOING TO KIND OF EVOLVE A LITTLE BIT, SO, UM, BECAUSE OF IT. OKAY, THANK YOU. YOU'RE WELCOME. NEXT QUESTION. AND JUST WANT TO THANK STAFF FOR THE EXPLANATION AND THE ADDITIONAL INFORMATION ON, UM, THIS, I DIDN'T QUITE UNDERSTAND IT AS PRESENTED ON CONSENT AND THE ADDITIONAL INFORMATION HELPED, AND I PULLED ANDREW'S LIST OF THE, UM, UH, ZONING YOU SUMMARY TABLE TO HELP UNDERSTAND AS WELL. SO, UH, JUST A QUICK, THANK YOU. YOU'RE WELCOME. ALL RIGHT. ANY OTHER QUESTIONS SEEING NONE? IS THERE A MOTION MR. SNYDER? I MOVE APPROVAL OF STAFF'S RECOMMENDATION FOR THE ONE AND B2 SECONDED BY COMMISSIONER YOU'RE MUCH TALLER. ALL RIGHT. WOULD YOU LIKE TO SPEAK TO YOUR MOTION? CAN COMMISSIONER SCHNEIDER? UH, I WAS GOOD TO GET SOME CLARIFICATION FROM STAFF AND FROM THE APPLICANT ON THIS, BUT, UH, THIS SEEMS PRETTY STRAIGHT FORWARD. IT'S WITHIN THE AIRPORT OVERLAY THAT WILL NOT BE, UM, RESIDENTIAL, UH, HOUSING BUILT. UM, IT'S A GOOD OPPORTUNITY FOR ENHANCING INDUSTRIAL ZONING. THANK YOU. DO WE HAVE ANYBODY SPEAKING AGAINST OR NEUTRAL ANYBODY SPEAKING FOR YES. COMMISSIONER SHEA? SO, UM, I JUST WANTED TO BRING UP THAT, UM, THAT THE CITY ITSELF, I MEAN, WE'RE LOSING A LOT OF PLACES FOR INDUSTRIAL USES. I MEAN, ALL OF EAST SIDE HAS BEEN CONVERTING, YOU KNOW, TO MORE AND MORE RESIDENTIAL. AND, YOU KNOW, I MEAN, I PERSONALLY KNOW A LOT OF PEOPLE WHO ARE LOOKING FOR THESE TYPE OF USES. SO, UH, COMING IN AND SEEING THESE AREAS THAT WE CANNOT EVEN PUT ANY RESIDENTIAL AND, AND MAKING IT VIABLE FOR INDUSTRIAL USE. I MEAN, IT'S SOMETHING THAT THE CITY REALLY NEEDS. AND, UH, SO ANYWAY, SO I'M HAPPY TO SEE THIS COMING FORWARD, ESPECIALLY AS PART OF THIS MUD WITH A PLANT COMMUNITY, UH, YOU KNOW, FROM ALL THE MIXED TYPE OF USES, YOU KNOW? SO, UM, ANYWAY, SO I'M, I'M, I'M REALLY HAPPY TO SEE THIS THING MOVING FORWARD. THANKS. ANYBODY SPEAKING AGAINST YOUR UNUSUAL MR. YANNIS, BLINO JUST BRIEFLY I'LL SPEAK NEUTRAL NEUTRALLY, UM, AND ECHO, UH, COMMISSIONER MUCH TELLERS. UH, THANK YOU. SORRY FOR THE EXPLANATION. UM, AND JUST WANTED TO NOTE THAT, UH, WHILE I REALIZED SITE IN THE SITE PLAN PROCESS, THIS WILL BE ADDRESSED IN TERMS OF THE FLOOD PLAIN. UM, AND WE'RE NOT PUTTING ANYBODY IN THIS AREA, UH, JUST BECAUSE OF THE NATURE OF THE AREA. JUST WANTED TO NOTE PART OF WHY I HAD QUESTIONS THERE IS BECAUSE THERE IS A TRIBUTARY TO THE EAST OF THIS PROPERTY, AS I UNDERSTAND, AND THIS IS JUST AN AREA OF A LOT OF CONVERGENCE IN, UH, INCREASINGLY FREQUENT RAIN EVENTS. SO I'M, I'M GLAD THAT WILL BE LOOKED AT AND JUST HOPE IT'S LOOKED AT, UH, CAREFULLY WITH THE MOST UP-TO-DATE INFORMATION. THANK YOU. DO WE HAVE ANYBODY SPEAKING FOR AGAINST OR NEUTRAL? ALL RIGHT. WE'RE READY TO TAKE A VOTE. ALL THOSE IN FAVOR OF THE MOTION, WHICH IS TO APPROVE STAFF'S RECOMMENDATION ON B ONE AND B SEE C YOUR GRAIN. GREAT. ALL RIGHT. I'VE GOT 12 UNANIMOUS. ALL RIGHT. UH, NEXT ONE. MOVE ON [Items B3. & B4.] TO ITEMS, B3 AND BEFORE PLAN AMENDMENT AND THE REZONING. DO WE HAVE MAUREEN MEREDITH ON THE PHONE CHURCHES? A FEW SECONDS. THEY'RE COMING ON THE LINE. SURE. [00:30:01] ALL MS. MEREDITH, PLEASE PROCEED. I DON'T REMEMBER B3. YES. AND PLANNING. UH, I REMEMBER B3 IS PLANNING. HELLO? YOU CAN GO AHEAD. MY SOUND MIGHT BE MESSING UP. ITEM NUMBER B3 IS PLAN AMENDMENT NPA 2020 ZERO ZERO ONE 6.04712714 PETRA KNOWLEDGE STREET AND 24 OH NINE CORE NATTO STREET. IT IS LOCATED WITHIN THE GO VOLLEY JOHNSON TERRACE, COMBINED NEIGHBORHOOD PLANNING AREA. THE REQUEST IS TO CHANGE THE FUTURE LAND USE MAP FROM SINGLE FAMILY TO MIXED USE LAND USE. IT IS RECOMMENDED BY STAFF, THEIR CORRESPONDENCE AND OPPOSITION, AND IN FAVOR, IN THE CASE REPORT, AND THEY'LL GO VOLLEY JOHNSON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM DOES NOT SUPPORT THE APPLICATION. AND THESE LETTERS ARE IN THE STAFF GAUGE REPORT. THANK YOU. IS, UM, HEATHER ON THE PHONE? YES. GOOD EVENING. HEATHER CHAFFIN HOUSING AND PLANNING DEPARTMENT SPEAKING ON CASE C 14 2021 ZERO ZERO ONE ONE. THE ADDRESSES AGAIN ARE SEVEN, 12 AND SEVEN 14 PETRONELLIS STREET AND 24 OH NINE COLORADO STREET. THE REQUESTED CHANGE IS TO GO FROM S S N C TO C S M U N P. THE SITE IS A LITTLE OVER A THIRD OF AN ACRE, UH, STAFF DOES NOT SUPPORT THE REQUESTS OF CSM UNP, AND WE DO SUPPORT AN ALTERNATE RECOMMENDATION OF LR AND UN. UH, THIS PROPERTY WAS BONED PRE ZONED, LLI AND REZONED SF AND E IN 2003, AS PART AS THE, UH, THE GOKHALE NEIGHBORHOOD PLAN PROCESS. UH, MANY OTHER PROPERTY IN THE AREA WERE DOWNSIZED FROM EL BY LESS THAN 10 CATEGORIES AT THAT TIME IN 2003, IF THE PROPERTY'S LOCATED AT THE SOUTHWEST CORNER OF STREET, UH, THE PROPERTY, ALTHOUGH IT WAS AN ACCESSORY NAP, IT'S PREVIOUSLY OCCUPIED BY AUTOMOTIVE REPAIR SERVICE OFFICE, AND SINGLE-FAMILY FINESSED LAND USES THOSE STRUCTURES ARE STILL ON THE PROPERTY, BUT VACANT IMMEDIATELY WEST OF THE PROPERTY ARE TWO SINGLE FAMILY. RESIDENTIAL HOMES ZONED TO SF THREE N P LESS OF THOSE HOMES IS METRO RED LINE, RIGHT? RIGHT-OF-WAY ACROSS OR NOTTAGE TO NORTH ARE REFLECTIONS. THE FAMILY HOMES THAT ARE ZONED SF THREE NP, AND THAT'S ACROSS, UH, NORTHEAST OF THE PROPERTY ACROSS THE INTERSECTION OF CURRENT AUTO AND VETERAN. ALICE IS, IS OUR BASE THAT NEIGHBORHOOD PARK AND P AND E ACROSS THAT ARE ANALOGOUS TO THE ARE SINGLE FAMILY RESIDENCES ZONE SF THREE AND E AND KIND OF SOUTHEAST IS A SELF-SERVE CARWASH THAN C S T O N E. THERE'S AN ALLEY AT THE SOUTH SIDE OF THE PROPERTY ACROSS THAT, AND FACING ON FIFTH STREET IS A VACANT PROPERTY STONED CSPS THAT WAS EASILY AUTOMATED SALES UPLIFT ACROSS THE ALLEY. ALSO BASICALLY FIFTH STREET IS, UM, AN ALTERNATIVE FINANCIAL SERVICES BUSINESS PHONE CSCO UM, I'M SORRY, EAST SEVENTH STREET, I'VE SAID EAST FIFTH STREET. AND I THINK YOU SAID, UH, UH, EAST SEVENTH IS A CORE TRANSIT COLD WAR TO B, B S ZONE PROPERTIES BACK. YEAH, THESE LOTS WERE ALSO DOWN TO DURING THE NEIGHBORHOOD PLAN PROCESS. IN 2003, THEY WERE DOWN ZONED FROM L I T S T O N P LIMITING CERTAIN LAND USES, INCLUDING ADULT ORIENTED BUSINESSES. CAN'T TURN AROUND, YOU KNOW, PAWNSHOP SERVICES, RESIDENTIAL TREATMENT, AND VIA FORAGE, SOME USES THAT WERE MADE CONDITIONAL OUR AGRICULTURAL SALES AND SERVICES, CONSTRUCTION SALES AND SERVICES, LIMITED WAREHOUSING AND DISTRIBUTION BUILD MAINTENANCE SERVICES, LAUNDRY SERVICES, [00:35:01] EQUIPMENT SALES, AND EQUIPMENT WORK, THEIR SERVICE STAFF DOESN'T SUPPORT CSSD FOR THE PROPERTY. THE COUSIN PART, UH, IT IS FOUNDED BY THE FAMILY AND DUPLEX RESIDENTIAL USES AND ZONED AIR FIOS TO THE WEST, NORTH AND EAST, INCLUDING IMMEDIATELY ADJACENT TO THE WEST AS THESE PROPERTIES WILL TRIGGER COMPATIBILITY. BUT THE, THAT AFFECTS THE SITE DEVELOPMENT STANDARDS, NOT THE TYPE OF USE OF PROPERTY, UH, THE CSPO PROPERTIES IN THE AREA. WE'RE ALSO DOWN SAND, SAME TIME. THIS WAS DOWNTOWN. AND THAT ADDED, UH, SEVERAL PROHIBITED AND CONDITIONAL LAND USE THAT THESE PROPERTIES ARE DIFFERENT AS THEY ACCESS THE PORTRAITS AT FLORIDA OR OF EAST SEVENTH STREET, NOT A LOCAL STREET OR ANOTHER STREET. UM, WE SUPPORT AN ALTERNATE RECOMMENDATION OF L R N U N E. THAT WOULD ALLOW MIXED. THAT ENABLES SCALE. THAT'S MORE CORPORATE ADJACENT TO SINGLE FAMILY AND DUPLEX RESIDENTIAL. IT WOULD BE FOUND IN INTENSITY FROM A PROPERTY ORIENT. HELLO. SO MANY OF US NOT BE ON YOUR, YOU KEEP, YOU CAN KEEP GOING. OKAY. UH, IT WOULD BE A STEP DOWN IN INTENSITY FROM THE PROPERTIES ALONG EAST SEVENTH STREET CORE TRANSIT CORRIDOR. IT WOULD INCLUDE SITE DEVELOPMENT REGULATIONS AND THE SET DOWN IN INTENSITY WOULD HAVE TYPE IT ON AND REGULATIONS AND LAND USES THAT REFLECT THAT PLANNING PRINCIPLE AS PROVIDING A TRANSITION AND DEVELOPMENT, INTENSITIES AND ORDERLY PLANNING. UM, THAT'S ALL I HAVE FOR NOW. I KNOW THE APPLICANT IS HERE TO SPEAK AND, UH, I DON'T KNOW. THERE'S NO, THERE ARE SPEAKERS IN OPPOSITION. I'M NOT SURE IF THERE'S ALL SIX SPEAKERS IN SUPPORT CONCLUDES MY PRESENTATION. THANK YOU. DO WE HAVE THE APPLICANT, MIKE AND KING ON THE PHONE? YES. HI COMMISSIONER. THIS IS MIKE KING WITH HUSH BLACKWELL FOR THE APPLICANT BECAUSE THEY SAID, OH, AND, UM, IF YOU COULD LET ME KNOW WHEN THE PRESENTATION'S UP. SORRY. UH, WE SEE, UM, A BLUE FIRST SLIDE. OKAY. OKAY, GREAT. THANK YOU. SO IF WE CAN GET A SLIDE TOO. SO, UM, JUST TO GIVE YOU A BRIEF OVERVIEW, AND I KNOW YOU ALREADY KNOW SOME OF THIS IS THE PROPERTY ABOUT A THIRD OF AN ACRE WE'RE REQUESTING TO GO FROM SF THREE TO CSM UNP, AND FROM A SINGLE FAMILY DESIGNATION TO A MIXED USE DESIGNATION. UM, AS, UM, STAFF SAID, THIS HAS BEEN A TIRE SHOP, UM, FOR DECADES, UM, ALONG WITH THREE FORMER SINGLE FAMILY HOMES, UH, ONE OF WHICH WAS USE DOESN'T OFFICE. UH, WE ARE PROPOSING THE GROUND FLOOR COMMERCIAL USE ON THE EAST SIDE OF THE PROPERTY, WHICH IS ADJACENT TO BETTER KNOWLEDGE STREET. UH, THAT GROUND FLOOR COMMERCIAL WOULD BE ORIENTED TOWARDS PETRONELLIS IN A AWAY FROM THE NEARBY SINGLE FAMILY RESIDENCES, UH, FOR THE NEIGHBORS REQUEST AND WHAT THE APPLICANT WOULD REALLY LIKE TO SEE A SMALL CAFE OR COFFEE SHOP OR SOME SORT OF FOOD SHELTER USE, UM, THAT REFLECTS THEIR HERITAGE AND, AND CUISINE THAT THEY LOVE, UM, WITH A MIX, UH, WITH A MULTIFAMILY USE ABOVE. AND NEXT SLIDE, PLEASE. UM, SO WHERE YOU'RE ARE JUST NORTH OF EAST SEVENTH STREET, UM, ADJACENT TO FEDOR KNOWLEDGE, UM, SITE THREE SERVES THE SURROUNDING GROANING, PRIMARILY CS ZONING, AND C S I N S X THREE. NEXT SLIDE, SLIDE FIVE. SO, UM, I JUST WANT TO SAY THANK YOU TO THE CONTACT TEAM AND TO THE TWO NEXT DOOR NEIGHBORS IN THE SINGLE FAMILY HOMES FOR, FOR MEETING WITH US AND TALKING TO US SINCE OCTOBER, UM, WE'VE HAD SOME GOOD DISCUSSIONS, BUT WE ARE SORT OF AT AN IMPASSE OR OVER HOURS OF OPERATION FOR A POTENTIAL RESTAURANT USE. AND WHAT OUR OFFER IS CURRENTLY IS TO, UM, HAVE CSME ZONING, BUT WITH MOSTLY LR USES, UM, WHICH WOULD MATCH THE ZONING RECOMMENDED BY STAFF PROVIDE SOME PERCENT OF UNITS OF AFFORDABLE, UM, 50% IN THE FIVE OR FOUR YEARS, UH, AND TO ADD THE LR RESTRICTIONS ON A RESTAURANT GENERAL USE, UH, TO THE PROPERTY AS WELL. AND NEXT SLIDE, SLIDE SIX. THIS IS THE VIEW, THE PROPERTY LOOKING FROM SEVENTH STREET WITH THE YELLOW STRIP, SHOWING THE REAR OF THE PROPERTY, SLIDE SEVEN, A VIEW OF THE PROPERTY FROM BETTER KNOWLEDGE, UH, WITH A PUBLIC ALLEYWAY THAT'S BEEN CLOSED UP, UM, DUE TO SOME PROBLEMS THAT WERE GOING ON, UH, BACK THERE. [00:40:01] UH, AND WE ARE, UM, WHAT DO YOU DO REOPEN THE ALLEYWAY AND MAKE IMPROVEMENTS TO IT? UM, FOR SUGGESTIONS BY THE NEIGHBORS, IT'S LIKE EIGHT, ANOTHER VIEW OF THE FORMER TIRE SHOP SLIDE NINE, UM, THE TWO ADJACENT FORMER SINGLE FAMILY HOMES IN SLIDE 10, ANOTHER UNIT PROPERTY SLIDE 11. OKAY, WELL, THEY WANT TO TALK ABOUT THIS CAUSE THIS IS AN IMPORTANT INVESTMENT OF CITY RESOURCES AND PLANNING FOR PETRONELLA STREET. AND, UM, PART OF THAT'S ALREADY BEEN DEVELOPED. WE HAVE TWO, UM, WAY BIKE LANES THAT HAVE BEEN INSTALLED AS PART OF THE EAST FLEET TRAIL PROJECT, UH, AS WELL AS, UM, SOME SIDEWALKS THAT ARE PLANNED TO COME IN AND, AND ON-STREET PARKING AS WELL. UM, AND THIS WILL CONNECT BARTHOLOMEW PARK TO THE NORTH ALL THE WAY TO LADY BIRD LAKE. UH, AND WE THINK IT'S A GREAT REASON TO ADD, UM, THIS ZONING AND EXCUSE EXCLAMATION TO THIS AREA. YEAH. FLIGHT 12. TALK ABOUT HOW THE PROJECT WOULD PROMOTE THE GOALS OF IMAGINE AUSTIN. I THINK THE STAFF REPORT MENTIONED HOW, UM, THIS PROPERTIES AND UNIMAGINED AUSTIN SENSOR, AND THOSE ARE DESIGNATED FOR MIXED USE, UH, WHICH IS CONSISTENT WITH THE PLAN AND THEN THE REQUEST WE'RE ALSO RIGHT ACROSS THE DOCK CLOSED ALLEYWAY FROM AN IMAGINE AUSTIN CORRIDOR OR SEVENTH STREET. AND IMAGINE OFTEN TALKS ABOUT HOW INTENSITY OF LANGUAGE SHOULD CORRESPOND TO TRANSIT PUBLIC SPACE AND WALKABLE. AND WE SCORE REALLY HIGHLY AT THIS PROPERTY ON ALL POINTS. I WAS RIGHT ACROSS THE STREET AND PARKS ARE GOSA ADJACENT TO THE EASTLAND PROJECT AND A LOT OF, UH, PUBLIC TRANSIT OPTIONS. NEXT SLIDE SLIDE 13 MIXED USE WITH ALSO FROM MOCA GOES WITH A NEIGHBORHOOD PLAN, UH, PROVIDE A MIX OF USES ACCESSIBILITY, UH, TO WALK, UM, AND LIVE AND WORK IN CLOSE PROXIMITY TO EACH OTHER. SLIDE 14 SHOWS THE SITE LAYOUT WITH COMPATIBILITY STANDARDS APPLIED. SO YOU CAN SEE ON THE RIGHT HAND SIDE, THE FIRST FLOOR THAT GROUND FLOOR COMMERCIAL USE WOULD BE ALL THE WAY NEXT TO PETRONELLA STREET. AND WE'D ALSO BE PUSHED BACK, UM, AWAY FROM THE SINGLE FAMILY HOMES, UH, WITH A MINIMUM 25 FOOT SETBACK. AND THAT'S TWO STORES IN 30 FEET ON THE ENTIRE WESTERN HALF OF THE PROPERTY SLIDE, 15 TALKS ABOUT Y M C S ZONING, UM, AND NOT LR ZONING WORKS. AND REALLY WHEN IT COMES DOWN TO A GOOD PART OF IT HAS TO DO WITH NEXT FLOOR AREA RATIO, UM, AND THE MAXIMUM, UH, UNITS PER THE MINIMUM SITE AREA REQUIREMENTS. AND THOSE AREA REQUIREMENTS ARE DOUBLED. UH, WHEN YOU HIT LR ZONING AS COMPARED TO THE GRC S EMMYS IN SLIDE 16, UM, THE PROJECT WOULD PROVIDE COMMUNITY BENEFITS, INCLUDING PARKLAND DEDICATION REQUIREMENTS, UM, GIVEN THE SMALL SIZE OF THE SITE, IF THERE WAS A FEE IN LIEU REQUIRED BY PART, INSTEAD OF ON SITE DEDICATION, THAT WOULD GO TO A NEARBY PARK. UH, AND WE WOULD HAVE TO DO OUT WITH LEARN IS DEDICATED SEVEN FEET OF RIGHT OF WAY, UM, A LONG FEDOR KNOWLEDGE OR THE AUSTIN STRATEGIC MOBILITY PLAN, AND ALSO DO OF COURSE, COMPLIANCE WITH THE DESIGN STANDARDS WITH SIDEWALKS AND PLANTING ZONES. SLIDE 17, JUST WANT TO ADDRESS SOME OF THE NEIGHBOR'S CONCERNS. AND WE DISCUSSED THIS WITH THEM AS IT'S SORT OF THE PROTECTIONS THAT WILL BE APPLIED BY CODES THAT WILL BE REQUIRED TO COMPLY WITH, AND WE'RE NOT REQUESTING ANY VARIANCES OR WAIVERS FROM THESE PROTECTIONS, AND I'LL STAY ON THE LINE IF YOU HAVE ANY QUESTIONS AND THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU. WE HAVE ONE SPEAKER SIGNED UP FOR, UM, IS GREG ANDERSON ON THE PHONE THOUGH? HI COMMISSIONERS. AND EX-OFFICIO, MY NAME IS GREG ANDERSON, AND I'M CALLING TO SPEAK IN FAVOR OF ITEMS THREE AND FOUR. I LIVED AND WORKED ABOUT A BLOCK FROM HERE FOR ABOUT 15 YEARS, AND I'M QUITE FAMILIAR WITH THIS PROPERTY IN THIS AREA. I KNOW THIS IS ANOTHER OUT OF DATE OUT OF TOUCH NEIGHBORHOOD PLAN FROM MARCH OF 2003, WHEN OUR METRO POPULATION HAD JUST PASSED 1 MILLION AND THE MEDIAN PRICE OF A HOME WAS ABOUT 150,000. WHEREAS TODAY WE'RE OVER 2.3 MILLION AND OUR MEDIAN PRICE HAS JUST SOARED OVER 425,000. WE KNOW THE HOUSING CRUNCH WE'RE FACING THIS PROPERTY NEEDS TO BE A BETTER USE OF JANE JACOBS WOULD SHARE. WE NEED EYES ON THE STREETS AND THE ACTIVATION OF THE SITE WILL GO A LONG WAY AND MAKING THIS AREA MORE WALKABLE AND MORE INTERESTING IN THE CORNER ON THE, IN THE BLOCK OF SEVENTH AND PETTER NOW IS THE CURRENT ZONING MAKES ABOUT AS MUCH SENSE AS A BAG OF HAIR. SO HOPEFULLY HELPING YOU ALL WITH GRANT THE APPLICANTS REQUEST FOR CS IN YOU, ESPECIALLY IF WE CAN FIGURE OUT A WAY TO PUT A V ON THERE. UM, IF NOT THAT ZONING VAN, I HOPE YOU ALL WILL [00:45:01] CONSIDER AND GRANT G R N. YOU CERTAINLY BETTER THAN STAFF'S RECOMMENDATION OF ELO, WHICH HAS A VERY DRACONIAN FAR AND CITE AREA REQUIREMENTS THAT JUST KIND OF ZAP THE AMOUNT OF HOUSING THAT THE SITE COULD EASILY HOLD. AND OF COURSE, I HOPE THAT YOU ALL WILL, UM, HOPE THE APPLICANT WILL AGREE TO 10% AFFORDABLE HOUSING. I APOLOGIZE TO ALL OF YOU FOR HAVING TO WORK UNDER SUCH AN ANTIQUATED 1980S ZONING CODE THAT JUST SIMPLY DOESN'T HAVE THE TOOLS THAT YOU ALL NEED, BUT HOPEFULLY WITH, YOU KNOW, A GOOD ZONING AND SOME VOLUNTARY BACKFLIPPING BY THE DEVELOPER, YOU KNOW, WE CAN GET SOME BETTER USE THAN THIS SITE THAT'S. SO WELL-SERVED NEXT TO THE FUTURE EIGHT OH FOUR BUS RAPID TRANSIT SITE, AND SOMEWHAT ONE OF THE BEST BIKE WAYS IN ALL OF AUSTIN. SO, GOOD LUCK. THANK YOU. NOW WE'LL HEAR FROM THOSE THAT ARE OPPOSED IS RAUL ALVAREZ ON THE PHONE STAR SIX TO UNMUTE MR. ALVAREZ. ALL RIGHT. UM, LET'S GO BACK TO, UH, HE SHOULD BE AVAILABLE NOW. OH, OKAY. I THINK I GAVE YOU MR. ALVAREZ. YES. SORRY. YEAH, YEAH. COULD WE HEAR FROM THE CONTACT TEAM FIRST OR DO WE JUST HAVE TO GO IN ORDER? UM, I HAVE TO GO IN ORDER ON, ON MY LIST. UM, BUT YOU'LL HAVE SIX MINUTES EACH, UNLESS YOU'D LIKE, WHAT WAS THAT AGAIN? OKAY. WELL, I DON'T NEED TO, I DON'T NEED TO, YEAH, JUST SWAP. WE CAN HAVE, UH, MR. ALVEREZ SPEAK FOR THREE MINUTES AND HAVE MR. BEARD SPEAK FOR SIX MINUTES. THAT'D BE GREAT. YEAH, SURE. OKAY. WE'LL HEAR FROM MR. HUDSON BAIRD. HI. HEY, Y'ALL, THAT'S IN BAIRD AND I'M SPEAKING BOTH ON BEHALF OF THE CONTACT TEAM AND AS THE NEIGHBOR THAT LIVES IMMEDIATELY TO THE WEST OF THE PROPERTY IN QUESTION, UM, I'M A NATIVE AUSTINITE AND WORK AT A LOCAL NONPROFIT IN TOWN, AND THIS IS MY FIRST TIME LEARNING ABOUT LAND USE AND Y'ALL'S JOBS INCREDIBLY HARD. SO, UM, AS GREG SAID, I THINK THAT Y'ALL DO REALLY GREAT WORK AND APPRECIATE ALL THE THOUGHTS AND THE SCALE PILOT, AND TO TRY AND MAKE OUR CITY A AFFORDABLE AND MEANINGFUL PLACE FOR FOLKS TO RAISE FAMILIES. UM, I'M SPEAKING IN OPPOSITION TO THE REQUEST FOR CFMU AND AGREE WITH MICAH THAT WE'VE HAD MEANINGFUL CONVERSATIONS SINCE SEPTEMBER AND HAVE WORKED KIND OF IN GOOD FAITH TO FIND THE DEAL, BUT I'VE HAD A COUPLE OF STICKING POINTS WHERE WE'VE, UM, NOT QUITE BEEN ABLE TO REACH CONSENSUS, BUT THEY'D BEEN GREAT PARTNERS TO WORK WITH THROUGH THIS PROCESS. UM, IN LARGE PART, I THINK HEATHER AND STAFF MADE A REALLY GREAT PRESENTATION FOR WHY CS IS PROBABLY NOT THE APPROPRIATE USE FOR THE SITE IN PARTICULAR, WHILE WE AGREED THAT, UM, MORE DENSITY IS BETTER. CAN WE HOPE TO SEE, UM, MORE HOUSING ON THE SITE AND A REALLY OPEN TO ABSTAINING FROM THE CURRENT SF THREE? UM, WE THINK GOING ALL THE WAY TO A CSU UTILIZATION AND B THE ADJACENT TO SINGLE FAMILY, UM, AND ON A TIGHT INTERSECTION CORRIDOR WHERE THAT LIGHT PER ANALYSIS SEVEN BACKS UP IS PROBABLY NOT THE RIGHT, UM, KIND OF NEXT STEP UP. SO THAT'S KIND OF THE TWO MAIN POINTS IS IT DOESN'T SEEM QUITE COMPATIBLE WITH EXISTING NEW SCHOOL ALL THE WAY TO CS AND FIT THAT LIGHT PERSONALITY, UM, WHICH HAS KIND OF A KEY CORRIDOR INTO THE GO VALLEY AND CHESTNUT NEIGHBORHOOD, UM, ALREADY BACKS UP AS IT IS. YOU'VE GOT BOTH MORE USAGE COMING OUT OF THAT. AND A LOT OF PEOPLE COMING IN AND OUT BECAUSE OF THE RETAIL OR FOOD SERVICE UTILIZATIONS, THAT JUST CONCERNS US ABOUT KIND OF THE ACCESS TO THE NEIGHBORHOOD AS A WHOLE. WE ALSO, UM, AREN'T QUITE SURE THAT, UH, LRM U M P UM, RECOMMENDATION IS THE RIGHT ONE FOR THE COMMUNITY WHILE WE AGREE THAT THE BUILDING COVERAGE IMPERVIOUS COVER USE IS PROBABLY MAKES SENSE. THERE'S TWO PLACES THAT THE NEIGHBORHOOD TOM HAS SPECIFIC CONCERNS. ONE IS THE LIGHT, AS WE MENTIONED IN THE SECOND IS, UM, KIND OF HEAVY UTILIZATION THAT YOU'D SEE FROM A RETAIL OR FOOD SERVICE BUSINESS, PARTICULARLY IN THE EVENINGS WHEN FAMILIES ARE HOME. UM, WE THINK THAT, UH, IF YOU'VE GOT A FOOD SERVICE OR A RESTAURANT CONCEPT, THERE THERE'S A LOT OF OTHER PROPERTIES ALONG THE EAST SEVENTH CORRIDOR THAT AREN'T IMMEDIATELY ADJACENT TO RESIDENTIAL WHERE THAT ALREADY IS OFFERED AND MAKES A TON OF SENSE TO OFFER, BUT IN THIS PARTICULAR PLACE, UM, WE THINK THAT, UH, OFFICE USE MAY BE MORE APPROPRIATE. SO THE CONDUCT TEAM OF POSES, THE REQUEST FOR CFMU, HER PREFERENCE WOULD BE TO KEEP THE LAND USE MAP, SINGLE FAMILY AND UP ZONE TO SFS INTO, UM, MIXED USE. WHAT'S MORE APPROPRIATE FOR THIS SPACE BASED ON THE CITY'S PLAN AND IMAGINE AUSTIN'S, [00:50:01] AND WE'D SUGGEST, UM, LMU AND THINK THE OFFERS A LITTLE BIT BETTER FLOOR AREA RATIO THAN LR, UM, FOR THE APPLICANT SINCE SOLVE SOME OF THE TRAFFIC CONCERNS AT THE LIGHT, UM, BECAUSE IT'D BE A LESS, UM, SINCE USAGE IN SOUTH, SOME THE NEIGHBORHOOD CONCERNS AROUND EVEN ABUSE WHEN FOLKS ARE HOME WITH THEIR FAMILIES, UM, THAT YOU WOULDN'T SEE SO MANY FOLKS COMING IN AND OUT IN THE EVENINGS, UM, WHEN FAMILIES ARE IN THE COMMUNITY. SO WE APPRECIATE Y'ALL, UM, LOOKING AT THIS AND THINKING OF WHAT'S BEST FOR THE NEIGHBORHOOD AND ANOTHER COUPLE OF THE NEIGHBORS THEY'RE GOING TO SPEAK AS WELL. THANK YOU. UM, LET'S SEE, IS, UH, WELL, YOUR FRIEND, MR. RAUL ALVAREZ. YEAH. UM, ALONG HERE, UM, UH, GOOD EVENING COMMISSIONERS. I THANK YOU FOR THE OPPORTUNITY. AND, UM, I'M A NEIGHBOR I LIVE FOUR OR FIVE BLOCKS AWAY FROM HERE, AND I'M A MEMBER OF THE CONTACT TEAM. AND, UM, AND I'M ALSO, UM, ANYWAY, AND THAT'S WHAT THE HATS, RIGHT. YOU KNOW, I ALSO WORKED AT THESE STOCKS AND CONSERVANCY AND Y'ALL GET SOME EMAILS FROM TIME TO TIME ABOUT PROJECTS THAT ARE INVESTING IN OUR WORK. UM, BUT DEBT, BUT AS A SORT OF A NEIGHBOR IN CONTACT TEAM MEMBER, I AM OPPOSED TO THE ZONING CHANGE. AND, UM, AND I REALLY, AGAIN, IT'S, IT WAS PURCHASED AS, AS A THREE, YOU KNOW, IT'S, IT'S COMPLETELY SPECULATIVE, RIGHT? SO THEY BOUGHT IT HOPING THEY COULD CHANGE IT TO COMMERCIAL. SO I DON'T THINK WE SHOULD REWARD SPECULATIVE BEHAVIOR IN OUR NEIGHBORHOOD. UM, WHEN THEY CAME TO THE CONTACT TEAM, THEY JUST TOLD US THEY WANTED MIXED USE. WE TOLD THEM MY PREFERENCE FOR OFFICE, THEY WENT AHEAD AND FILED FOR CS. RIGHT. CAUSE AGAIN, THEY ALREADY KNEW WHAT THEY WANTED. IT'S NO SECRET WHAT THEY WANTED HERE. THEY'RE STILL REQUESTING CFMU. UM, IN TERMS OF PLANNING, YOU KNOW, AGAIN, IT'S JUST A VERY STRANGE PLACE WHERE THEY ARE WITH A VERY SHORT STRETCH OF, CORNADO A VERY SHORT STRETCH IF FEATHER NOW LIST AT THE CORNER THERE OF SEVENTH STREET AND HAVING A, UH, THAT'S 24 SEVEN OR THAT, YOU KNOW, GOES UNTIL 11 O'CLOCK WITH. CAUSE I THINK SOME VERY CHALLENGING TRAFFIC SITUATIONS. AND THEN FINALLY I DO WANT TO KIND OF SPEAK TO THE FACT THAT, YOU KNOW, THIS WAS AS I THINK STAFF ALLUDED TO, YOU KNOW, A VERY INTENTIONAL DECISION BY THE NEIGHBORHOOD PLAN CONTACT TEAM, RIGHT. TO KEEP THESE AS SINGLE FAMILY HOMES, RIGHT. THERE'S A COUPLE OF HOMES ON THERE AND WE VERY INTENTIONALLY PUT THE MEU ALONG THE CORRIDORS WHERE WE WANTED THEM FIFTH STREET, SIX 57TH STREET. SO IF THE CHILD IS RIGHT, SO WE, YOU KNOW, I, I DISAGREE COMPLETELY WITH GREG ANDERSON AND I THINK HE HAS A VERY MYOPIC VIEW OF, UH, NEIGHBORHOOD PARTICIPATION IN THE PLANNING PROCESS. AND IT COMPLETELY DEVALUES HUNDREDS IF NOT THOUSANDS OF HOURS THAT NEIGHBORS PUT INTO CREATING THESE PLANS. AND AGAIN, AND WE PUT IN, YOU KNOW, AGAIN, THE DENSITY THAT THE CITY ASKED IS TIME AND TIME AGAIN, YOU KNOW, WE ADOPT THEIR PLANS AND THEN CAME THE STATION AREA PLAN. AND THEN WE, WE ADOPTED THAT AND THEN CAME THE CORRIDOR PLAN AND WE ADOPTED THAT AND THEY CAME TO TRANSIT ORIENTED DEVELOPMENT PLAN. AND EACH TIME THERE WAS MORE DENSITY AND NO BENEFIT TO THE NEIGHBORHOOD. RIGHT. SO, AND AGAIN, WE'RE GOING TO START TODAY'S SCENARIO PLANS AGAIN, RIGHT. SO PLEASE DON'T DISMISS THE NEIGHBORHOOD PLAN BECAUSE THAT'S THE VISION FOR THE NEIGHBORHOOD ARTICULATED BY THE NEIGHBORHOOD. AND WE NEED TO VALUE PARTICIPATORY PLANNING IN PARTICIPATORY DEMOCRACY. AND, UM, I REALLY THINK IT'S GOING TO BE IMPORTANT GIVEN JUST THE LEVEL OF DEVELOPMENT THAT WE'RE SEEING RIGHT NOW. THANK YOU. THANK YOU. IS JOHN MYSTRO ON THE PHONE STAR SIX TO UNMUTE JOHN MS. JOE. UM, CURRENTLY HE'S NOT ON THE LINE. UM, I GUESS THAT'S IT THAT I HAVE FOUR LISTED FOR OPPOSED? UM, MICAH KING, WOULD YOU LIKE A REBUTTAL? UH, YES. THANK YOU, COMMISSIONER. I'M HERE. CAN YOU HEAR ME? YES. OKAY. I WAS THINKING, SURE. DIDN'T HEAR HIT STAR SIX AGAIN. UM, YES. SO, UM, THANK YOU. AND I APPRECIATE THOSE COMMENTS. UM, I WOULD JUST SAY, YOU KNOW, WHAT, THE REASON THAT WE HAVE COMPATIBILITY STANDARDS AND IT'S TO ADDRESS SITUATIONS EXACTLY LIKE THIS, AND WE ARE TALKING ABOUT CONVERTING A FORMER AUTO REPAIR AND TIRE SALES SHOP, UM, DECADES AGO INTO [00:55:01] A NEIGHBORHOOD CENTRIC BUSINESS WITH MULTIFAMILY UNITS ABOVE. THIS IS NOT, UM, HISTORICALLY A SINGLE FAMILY, UH, USE ON ALL OF THE PET ANALYSIS PORTION OF THE PARK TO BE. AND, UM, YOU KNOW, YOU LOOK ACROSS THE STREET AND THAT'S A CARWASH, SO THIS IS A VERY MIXED AREA. AND IT'S REALLY IDEAL WHEN YOU TALK ABOUT ACCESS TO PUBLIC TRANSIT OPTIONS, WALKING, THINGS LIKE THAT. AND WE DEFINITELY WANT TO PROVIDE AFFORDABLE HOUSING ON THE SITE AND, AND DO COMMIT TO PROVIDING 10%, UM, OR AT LEAST ONE UNIT WHICH COVERS LESS. AND SO, UM, YOU KNOW, UM, THIS IS NOT THE MIDDLE OF A SINGLE FAMILY, RESIDENTIAL NEIGHBORHOOD, UM, LIKE WHERE THE SECRET SAID, THIS IS A VERY SHORT STREET WITH TWO HOUSES ON IT. AND WE NEED TO THINK ABOUT THE LARGER CONTEXT. AND I THINK SINGLE FAMILY ZONING IS ENTIRELY CONTRARY TO ALL OF OUR CITY'S AFFORDABLE HOUSING GOALS GOALS. OUR GOAL IS TO PROVIDE MORE HOUSING WITH ALL LEVELS AND TO PROMOTE MIXED USE AND WALKABILITY. AND SO TO SAY THAT SINGLE FAMILY ZONING IS A GOOD BASELINE, IT'S JUST ENTIRELY CONTRARY TO EVERYTHING THAT I THINK THAT OUR COUNCIL HAS, UM, SET FORTH, FORTH AS A PRIORITY FOR OUR CITY. THANK YOU. ALL RIGHT. THAT IS ALL OF OUR SPEAKERS. UM, CAN I GET A MOTION TO CLOSE PUBLIC HEARING MR. SHEA SECOND BY COMMISSIONER ZAR? ALL THOSE IN FAVOR. ALL RIGHT. I'VE GOT 12. UM, WHO WANTS TO START WITH QUESTIONS, MR. SHANE? OKAY. UM, WE GOT A LOT OF QUESTIONS, SO, UM, I JUST WANT TO KIND OF FLY THROUGH. I'M APOLOGIZE IF I KIND OF RUSH THROUGH IT, BUT, UM, OKAY. SO THE CURRENT ZONING THAT IS BEING REQUESTED, WHETHER IT BE FROM STAFF OR FROM THE APPLICANT. SO WITH JUST AN M U THAT THE PROBLEM WITH THE MEU AND WHAT'S BEEN PRESENTED TO THE NEIGHBORHOOD IS THAT IT'S SUPPOSED TO HAVE A COMMERCIAL ON THE FIRST FLOOR, LIKE RESTAURANTS AND SUCH, AND THEN UPSTAIRS IS SUPPOSED TO BE A RESIDENTIAL, BUT THE ZONING, I MEAN, HOW ARE WE GOING TO MAKE SURE THAT IT'S GOING TO HAVE BOTH USES? CAUSE THE C CURRENTLY IS PROPOSED AS M YOU, YOU CAN EITHER PUT RESIDENTIAL OR YOU COULD PUT, UM, COMMERCIAL, HOW ARE WE GOING TO MAKE SURE, LIKE, NONE OF THIS IS TELLING US THAT YOU'RE GOING TO GET BOTH OF THEM. SO WHAT IS THE, WHAT IS THE CURRENT, UM, UH, TOOL THAT IN, IN THIS PROPOSAL THAT IS GOING TO BE ENSURING THAT WE ARE GOING TO GET, OR THAT THE NEIGHBORHOOD IS GOING TO GET PRESENTED, THAT THEY'RE GOING TO GET BOTH COMMERCIAL ON THE FIRST FLOOR AND RESIDENTIAL ABOVE. I MEAN, HOW ARE WE DOING THIS WITHOUT A V CAUSE USUALLY V REQUIRES IT WITHOUT A V. IF, IF THIS PROPERTY CHANGES HANDS, THEY DON'T HAVE TO DO EITHER. THEY DON'T HAVE TO DO BOTH OF THEM. THEY CAN PICK ONE OR THE OTHER. SO STAFF OR APPLICANT. CAN YOU TELL US WHAT WHAT'S IN THE, WHAT'S IN THE TOOLKIT THAT YOU GUYS ARE PROPOSING? SURE. HEATHER CHAFFIN HOUSING AND PLANNING DEPARTMENT. YOU'RE CORRECT. IF YOU ADD AND YOU TO A OFFICE OR COMMERCIAL DESIGNATION, IT CAN BE DEVELOPED 100%, THE OFFICE 100% COMMERCIAL, A HUNDRED PERCENT RESIDENTIAL OR SOME COMBINATION THEREIN. WE DO NOT HAVE A MECHANISM IN OUR ZONING. SO MY, OKAY. SO THAT'S ONE OF MY BIGGEST CONCERNS RIGHT NOW IS THE NEIGHBORHOOD COULD BE GETTING COMPLETELY NOT WHAT HAS BEEN PRESENTED CURRENTLY. SO WE NEED A MECHANISM FOR THAT EITHER. IT'S A V. AND SO WHICH BRINGS UP, WHY NOT CONSIDER A V? I KNOW A LOT OF PEOPLE ARE FREAKED ABOUT, UH, PUTTING A V ON IT, BUT THE V DOESN'T INCREASE, THE HEIGHT JUST, JUST INCREASES THE, THE, THE, THE, THE AMOUNT OF FLOOR AREA RATIO. RIGHT. SO IT'S SELF LIMITING ANYWAY, AND STAFF WERE HIT BY COMPATIBILITY. IS THAT CORRECT? CORRECT. OKAY. SO BEING HIT BY COMPATIBILITY, IT'S, SELF-REGULATING IN THAT SENSE, AND THIS TIME NOW WE'RE GUARANTEED THAT THERE'S GOING TO BE RESIDENTIAL AND THERE'S COULD BE A COMMERCIAL NOW. UM, SO WHY NOT A VISA, UH, APPLICANT? UH, YES, UH, COMMISSIONER. THIS IS LIKE A KEEN, UM, GREAT QUESTION. AND YOU DO AN AFFORDABILITY ANYWAY, SO IT'S, YOU'RE ALREADY DOING AFFORDABILITY, WHICH IS PART OF THE REASON A LOT OF PEOPLE GO V YEAH, GO AHEAD. AND ACTUALLY WE WOULD BE, I'M SORRY. OH, OKAY. SORRY. THERE A LAG IN THE VIDEO. UM, WE WOULD DEFINITELY BE OKAY WITH VERTICAL MIXED USE. UM, I THINK THAT AT THE OUTSET, I PROBABLY THOUGHT THAT THIS WOULD BE [01:00:01] MORE CONCERNING TO THE ADJACENT TO NEIGHBORS. UM, BUT, UM, CERTAINLY LIKE WE WE'VE, OUR PRIORITY IS HOUSING AND WE WOULD EVEN BE WILLING TO ENTER INTO A PRIVATE OR PUBLIC DISTRICT OF COVENANT TO PROVIDE HOUSING ON THIS SITE. UM, AND CAN GET THAT HAMMERED OUT BEFORE COUNCIL. OKAY. IN COMBINATION WITH THE COMMERCIAL IN COMBINATION WITH THE COMMERCIAL THAT YOU'RE PROPOSING, LIKE RESTAURANTS OR SUCH, IS THAT CORRECT? SO INSTEAD OF GOING V YOU'D GO INTO SOME. OKAY. ALL RIGHT. SO, SO THE OTHER QUESTION, NOW, I'M GOING TO KEEP GOING. SO ON THE, ON THE, SO I'M TRYING TO UNDERSTAND WHY THE PUSHER CS, YOU MENTIONED THAT YOU'RE TRYING TO GET TO X OF, UH, OF FAR COMPARED TO WHAT WE ARE, WHAT, WHAT THE, WHAT STAFF IS PROPOSING TO X IS ONE. SO 0.5 GOES TO ONE WHICH BRINGS US TO GR. SO I DON'T UNDERSTAND THE CS AND CS IS LIMITED. ANYWAY, SINCE YOU CAN ONLY DO WITH COMPATIBILITY, WHAT, YOU KNOW, TWO, THREE STORIES. SO GR SEEMS LIKE IT FITS WHAT YOU'RE ASKING FOR. SO I DON'T QUITE UNDERSTAND, LET ME, DO YOU REALLY NEED, THE CS IS GR ENOUGH. AND GR IS MORE COMMUNITY COMMERCIAL CS IS, YOU KNOW, COULD BE ON THE MAIN CORRIDOR. SO WHY NOT COMMUNITY? LIKE, I THINK, I THINK GR UH, THE DESCRIPTION OF THE USE FOR GR, UM, IS APPROPRIATE FOR THE AREA. AND WHEN, SINCE WE'VE GOTTEN INTO THIS CASE AND WORKED WITH OUR ARCHITECTS, UM, IT LOOKS LIKE WE CAN DO A VIABLE PROJECT UNDER GR. AND SO IF THAT WAS THE PLANNING COMMISSION'S RECOMMENDATION, UM, WE WOULD BE HAPPY WITH THAT GRN VIEW. ALL RIGHT. ALL RIGHT. I'M GONNA KEEP GOING, BECAUSE I KNOW I'M ON A TIME CLOCK HERE. SORRY. SO STAFF QUICK QUESTION. UM, CONCERN CONCERNS ABOUT TRANSPORTATION. THE LIGHT IS THIS SITE GOING TO GO THROUGH, UH, SOME TYPE OF REP PROPORTIONALITY STUDY TO SEE WHAT'S GOING TO HAPPEN WITH THE AREA AND POSSIBLY PAY INTO SOME IMPROVEMENTS TO WHAT THIS MIGHT IMPACT TO THAT INTERSECTION, HETERO CHAPLAINS, HOUSING AND PLANNING DEPARTMENT. I DON'T KNOW, BUT I DON'T THINK WE DO, UH, LIKE A MAJOR BREATH PROPORTIONALITY ANALYSIS ON SITES, THIS SMALL, IT'S A, IT'S A PRETTY SMALL SITE. I KNOW PROPOSING ACCESS. AND I HAVE MORE ANSWERS TO YOUR PREVIOUS QUESTION. UM, WELL, CAN I, CAN I GIVE MY ANSWERS, UH, ABLE TO ANSWER? YEP. OKAY. UM, THE PLANNING COMMISSION COULD NOT RECOMMEND A Z BECAUSE IT WAS NOT REQUESTED IF WE, IF THE APPLICANT WISHED TO REVISE THEIR REQUEST AND COME BACK AGAIN, THEN THAT WOULD BE A POSSIBILITY. AND THEN, UM, IT WILL BE REVIEWED BY TRANSPORTATION AT THE TIME OF PIPELINES. THAT'S ALL I CAN SIT IN THE COOKIE. OKAY. DO I HAVE ANOTHER QUESTION, MR. COX? MY COMMISSIONERS SAY I HAVE A BUNCH OF QUESTIONS AND I MEAN, IF WE'RE NOT ABLE TO GET THEM ALL ANSWERED BECAUSE OF TIME CONSTRAINTS, I'D SUGGEST THAT WE CONSIDER SUSPENDING THE RULES OR MAYBE POSTPONING TO CONTINUE THE CONVERSATION. BUT, UM, I, I'VE GOT CONCERNS ABOUT THE COMMERCIAL USE ON THE SITE. UM, AND IT, AND IT SOUNDS LIKE THAT'S PROBABLY THE BIGGEST ISSUE OF THE NEIGHBORS AS WELL. AND I CERTAINLY UNDERSTAND IT. I'M LOOKING AT, WE DON'T HAVE THE PRESENTATION THAT WE WERE SHOWN IN OUR BACKUP. I WISH WE DID. SO I'M LOOKING AT THE SITE ON, ON GOOGLE EARTH AND, AND BASICALLY IT'S AT AN INTERSECTION WHERE YOU'VE GOT, UM, HOME HOME AND THEN A PARK. UM, AND YOU GO UP THE STREET, IT'S HOMES, YOU GO UP THE STREET OVER HERE, IT'S HOMES AND A PARK, AND THEN YOU GO THE OTHER WAY. AND YES, YOU HAVE SEVENTH STREET, WHICH IS PERFECT FOR DEVELOPING OUT COMMERCIAL, MAKE VIEWS, ALL THAT FUN STUFF THAT WE WANT TO SEE ALONG THESE CORRIDORS. I JUST DON'T SEE IT BEING APPROPRIATE AT THIS CORNER. AND I HOPE THE COMMISSIONERS CAN ACTUALLY TAKE A LOOK AT THIS INTERSECTION. UM, SINCE IT'S NOT, SINCE THERE ISN'T REALLY AN AREA OR ANYTHING IN THE BACKUP THAT I COULD, THAT I COULD FIND. UM, AND SO I HEARD THE APPLICANT SAY THAT THEIR PRIORITY IS RESIDENTIAL, AND I HEARD SOME COMMUNITY MEMBERS SAY THAT THEY'RE ALL FOR RESIDENTIAL. SO WHY CAN'T WE JUST UP ZONE THIS PROPERTY FOR RESIDENTIAL? WHAT'S THE PROBLEM WITH THAT SINCE WE'RE OBVIOUSLY GOING TO HAVE A LOT OF COMMERCIAL ALONG SEVENTH STREET, UH, BEING DEVELOPED. SO IF THE APPLICANT WANTS TO RESPOND TO THAT, UM, HOPEFULLY BRIEFLY THAT'D BE GREAT. YEAH. I CAN ASSURE THIS IS MIKE AND KIM AGAIN. UM, I THINK [01:05:01] THIS HAS TO DO WITH A BROADER VISION FOR HOW THEY WOULD LIKE TO SEE THE PROPERTY USE, BUT I ALSO THINK IT'S PERSONAL. UM, YOU KNOW, MR. SOTO, UM, WAS INVOLVED IN THE GROCERY BUSINESS FOR MANY YEARS. UM, HE WANTS A USE THAT PROVIDE THAT REFLECTS HIS HERITAGE AND, UM, PROVIDE SOMETHING THAT, YOU KNOW, MEETS A COMMUNITY NEED IN TERMS OF, UH, DIVERSITY AND, AND OPTIONS. AND SO I THINK, YOU KNOW, YES, WE WANT TO DO HOUSING, BUT WE WANT A SMALL COMPONENT OF GROUND FLOOR COMMERCIAL NEXT TO PET ANALYSIS WHERE THE TIRE SHOP IS. AND, AND, YOU KNOW, I CERTAINLY UNDERSTAND THAT, BUT, BUT THERE'S A LOT MORE PROPERTIES IN THIS CITY THAT ARE MORE APPROPRIATE FOR COMMERCIAL THAN THIS ONE WITHIN A RESIDENTIAL INTERSECTION. UM, AND, AND, YOU KNOW, IF WE'RE GOING TO RESPECT THE PERSONAL DESIRES OF THIS PARTICULAR PROPERTY OWNER, I THINK WE SHOULD ALSO RESPECT THE PERSONAL DESIRES OF ALL THE PROPERTY OWNERS AROUND IT, WHO SEEMED TO HAVE AN ISSUE WITH HAVING A RESTAURANT POTENTIALLY SERVING, UH, UH, YOU KNOW, LIVELY, VIBRANT CROWD UNTIL WHEN I DON'T KNOW, 10:00 PM, 11:00 PM. WHEN WHEN'S THE RESTAURANT GOING TO CLOSE, YOU INDICATED ON, ON THE, OUR GRAPHICS, UH, THAT WE DON'T HAVE IN OUR BACKUPS. SO IT MIGHT BE USEFUL FOR US TO PULL THAT BACK UP, BUT THAT THE FIRST FLOOR WOULD HAVE THE COMMERCIAL FACING THE STREET AWAY FROM THE PROPERTY NEXT DOOR. BUT FROM WHAT I CAN TELL AND CORRECT ME IF I'M WRONG, THAT MEANS YOUR RESTAURANT IS ESSENTIALLY GOING TO FACE ANOTHER RESIDENT WHO IS DIRECTLY ACROSS THE STREET. IT LOOKS LIKE THEY PUT A LOT OF EFFORT INTO THEIR FRONT YARD AND THEN FACE THE BASEBALL FIELD CATTY CORNER TO THE INTERSECTION. UM, AM I, AM I UNDERSTANDING THAT CORRECTLY? YEAH. SO IT WOULD BE FACING THAT PROPERTY, WHICH IS BY THE WAY UNDER CONTRACT RIGHT NOW, I'M PROBABLY WILL COME BEFORE YOU FOR ANOTHER REZONING. AND HISTORICALLY WHEN THE PREVIOUS OWNER OF MANY DECADES TRIED TO REZONE FIRST TO GR RMU AFTER THE NEIGHBORHOOD DUMP ZONE, HIS, HIS BUSINESS FROM LA TO SF THREE, AND THEN LATER ON THE CSN KNEW BEFORE HE PASSED AWAY A COUPLE OF YEARS AGO, UM, THAT NEIGHBOR WASN'T SUPPORT AND ACTUALLY WROTE A LETTER OF SUPPORT FROM THE BACK OF THE MATERIALS FROM THAT PREVIOUS GR IN NEW CASE FROM 2004. WELL, I REALLY APPRECIATE THAT. I REALLY APPRECIATE THAT BACKGROUND BECAUSE THAT, THAT KIND OF SEGUES INTO MY NEXT QUESTION AND CONCERN IS WHEN IS THIS GOING TO END? I MEAN, ARE WE JUST GOING TO CONTINUE TO PUT COMMERCIAL RESTAURANTS ON THE GROUND FLOOR FURTHER AND FURTHER, UH, INTO GONZALEZ STREET OR UP, UH, PARDON ELLIS STREET? UM, I, THAT, THAT'S, THAT'S A HUGE CONCERN FOR ME. AND SO I JUST, I JUST DON'T SEE THAT AS APPROPRIATE IF, IF RESIDENTIAL IS THE PRIORITY THAT THE NEIGHBORS AND THE NEIGHBORHOOD AND THE CONTACT TEAM WANT TO PRIORITIZE RESIDENTIAL, YOU SAID THAT RESIDENTIAL IS A PRIORITY. MY OPINION IS THAT WE SHOULD MAKE THIS RESIDENTIAL. AND IF THE PROPERTY OWNER HAS A GREAT IDEA FOR A RESTAURANT CONCEPT, UH, SEVENTH STREET IS JUST HALF A BLOCK AWAY. AND THAT WOULD BE A GREAT PLACE WITH THAT, UM, THAT NOT SOMETHING YOU NEED TO RESPOND TO, BUT, UM, I'LL, UH, IF I HAVE ANY TIME LEFT, I'LL GIVE IT BACK COMMISSIONER. SO A LOT OF QUESTIONS. DOES THAT MEAN I COULD ASK? YEAH, SURE. YOU SAY YOU NEED THE REST OF COMMISSIONER CONGRESS SO QUICK. OKAY. SO I HAVE A QUESTION TO THE APPLICANT, UM, AND, AND IT KIND OF FOLLOWS ALONG WITH, UM, THE LAST CONVERSATION ABOUT THE CONCERN WITH THE RESTAURANTS. I MEAN, RIGHT NOW, YOU'RE, YOU'RE TRYING TO FIGURE OUT NEGOTIATIONS ON HOW TO MAKE A RESTAURANT WORK. I MEAN, THE OTHER THOUGHT, WOULD YOU BE OKAY WITH MAKING A, YOU KNOW, UNDER THE LR WITH, UH, LR WITH SOME TYPE OF CON MAKE IT A CONDITIONAL USE IF THIS CONDITIONAL USE, UM, ALL THAT STUFF GETS HASHED OUT AS FAR AS FOR WHAT TIME THINGS OPEN, WHICH ONES GET CLOSED, WHERE THINGS GET PARKED, EVERYTHING LIKE THAT, BUT IT ALL HA IS NOW, UM, YOU KNOW, KIND OF PUT ONTO A SITE PLAN. SO EVERYBODY SEES IT. UM, AND THAT WAY YOU DON'T HAVE IT OUT NOW, BUT IT WOULD COME BACK TO PLANNING COMMISSION. IT WOULD ACTUALLY GO TO PUBLIC, UM, YOU KNOW, REVIEW WITH US. UM, AND THEN YOU COULD HAVE THE POTENTIAL FOR IT, BUT ALSO YOU WOULD ALSO HAVE THE BUY-IN FROM THE COMMUNITY, UM, ON HOW THINGS LIKE THAT ARE, ARE, UH, DONE. SO WOULD THAT BE SOMETHING THAT YOU COULD CONSIDER AS A RESTAURANT, AS A CONDITIONAL USE UP? SO I'M GOING TO HAVE TO ASK SOMEBODY TO PICK UP THAT QUESTION OR, OKAY. UM, I'M SURE YOU ASKED BECAUSE I HAD A SIMILAR QUESTION, SO GO FOR IT. GREAT. I THINK WAS THAT DIRECTED AT THE APPLICANT? THAT WAS, YEAH, GO AHEAD. YEAH, GO AHEAD. YES. [01:10:01] HI COMMISSIONER. IT'S MIKE KIM AGAIN. SO MY ONLY CONCERN WITH THAT WITH LR, WELL, A COUPLE OF CONCERNS. SO LR, YOU HAVE MINIMUM SITE AREA REQUIREMENTS THAT REQUIRE A LOT MORE AREA FOR EACH HOUSING UNIT THAN, AS COMPARED TO GR OR . AND ONE OF THE OTHER BIG CONCERNS IS IF YOU MAKE RESTAURANT CONDITIONAL USE, AND APPLICANT SAID HE WANTS TO PROVIDE A SMALL, SMALL RESTAURANT OR CAFE, THEN IF WE HAVE TO GO BACK AND COME TO THE PLANNING COMMISSION WITH THE SITE PLAN FOR THAT, WE'RE TALKING ABOUT ALSO THE LANE, THE CONSTRUCTION OF THE RESIDENTIAL UNITS ABOVE. AND SO THAT IS A PROBLEM FOR US. IT WOULD BE A TENANT FINISH OUT YOUR UNITS. POLINA. DID YOU HAVE ANY OTHER QUESTIONS? YEAH. I'M SORRY. UM, COMMISSIONER SHAY, WAS THAT AN ADDITIONAL QUESTION OR JUST COMMENT? JUST A COMMENT. THAT WAS JUST A COMMENT. I DON'T, IT'S NOT GOING TO HOLD ANYTHING UP BECAUSE, UM, YOU KNOW, AS, AS EVERYBODY KNOWS, UM, YOU KNOW, USE THIS CHANGE WITHIN, UH, THESE TYPE OF BUILDINGS ANYWAY, SO IT WOULD JUST BE TRYING TO PUNCH OUT. UM, WE'RE HAVING, UM, SOME TECHNICAL ISSUES WITH MICHIGAN. YOUR COMING TO GO, CAN YOU HEAR ME NOW? YEAH. OKAY. YEAH. SORRY ABOUT THAT. EVERYBODY DISAPPEARED. AND I KNEW MY CONNECTION WAS UNSTABLE. SO I HAD A QUESTION FOR, I DON'T KNOW IF THE, UM, THE SPEAKERS AGAIN, UH, THAT WE'RE SPEAKING AGAINST ARE STILL ON THE LINE IF EITHER, UH, MR. BAIRD OR MR. ALVAREZ COULD ANSWER. UM, WHAT, UH, IF, UH, REGARDING THE DISPUTE ABOUT THE HOURS, WHAT WAS THE LIMIT ON HOURS THAT THE NEIGHBORHOOD WAS DESIRING? WE REQUESTED 6:00 PM. OKAY. OKAY. THANK YOU. UM, I DON'T HAVE ANY ADDITIONAL QUESTIONS AT THIS TIME, IF ANYONE ELSE WANTS TO TAKE MY TIME, I'LL GO TO THE NEXT PERSON NAME IN THERE WITH A QUESTION, UM, COMMISSIONER THOMPSON, AND THEN WE'LL TAKE YOU YOUR PRACTICE. YEAH. I ACTUALLY LOST SCREEN FOR AWHILE WHILE THEY WERE DOING THE PRESENTATION. IS THERE A, WAS THERE A SLIDE? I THINK YOU WERE TALKING TO HIM OF, UH, POINTS OF POSSIBLE AGREEMENT BETWEEN THE NEIGHBORHOOD AND THE APPLICANT AND COULD BE LOOK AT THAT ONE. AND I GUESS MY QUESTION IS BOTH TO THE APPLICANT AND TO THE NEIGHBORHOOD AND WHOEVER FROM THE NEIGHBORHOOD CAN, CAN SPEAK ON HOW CLOSE THEY THINK THEY ARE TO AN AGREEMENT. AND WHETHER, YOU KNOW, THIS IS IT'S WORTH SOMETHING THAT COULD BE WORKED OUT AND IN ANOTHER TWO WEEKS, UM, OR WITH SOME, SOME ADDITIONAL THOUGHT OR NOT. SO, I MEAN, MAYBE THE APPLICANT CAN SPEAK FIRST, UM, ON HOW CLOSE HE THINKS THEY ARE TO AN AGREEMENT FOR HOW CLOSE THEY WERE TO AN AGREEMENT AND WHAT THE STICKING POINTS WERE IN HIS MIND. AND THEN MAYBE THE NEIGHBORHOOD COULD, COULD ANSWER THE SAME QUESTION. I'M SORRY. I WAS AT, UM, SO I THINK WE'RE JUST REALLY AT AN IMPASSE. I MEAN, WE'VE BEEN MEETING SINCE SEPTEMBER, OCTOBER. UM, YOU KNOW, I THINK I DO WANT TO CONTINUE TO JUST GET A SENSE WITH THE NEIGHBORS, IF THERE'S ANY ROOM FOR COMPROMISE. ABSOLUTELY. AND WE HAVE TIME TO DO THAT. YOU KNOW, WE HAVE TO GO TO COUNCIL THE FIRST READING AND, UM, I THINK IDEALLY, UM, YOU KNOW, WE WOULD BE OKAY WITH THE GR AND YOU CONTINUED DISCUSSIONS ABOUT THE RESTAURANT. UM, I DON'T THINK WE COULD EVER READ A 6:00 PM CLOSING TIME FOR A RESTAURANT OR CAFE IF THAT'S WHAT WE EVEN WERE BUILDING. UM, BUT YES, WE WANT TO CONTINUE DISCUSSIONS. UM, AND IF WE NEED TO DO A 10 MINUTE TO MAKE SURE WE PROVIDE HOUSING, WE'LL DO THAT BECAUSE THAT'S WHAT WE'RE GOING TO DO. AND, AND, AND IF, [01:15:01] IF, IF YOU COULDN'T REACH AN AGREEMENT WITH THE, WITH THE NEIGHBORHOOD, DO YOU HAVE ANYBODY ELSE TO ENTER INTO A, A RESTRICTIVE COVENANT WITH OTHER THAN THE TEAM? UH, I WOULD NEED LEGAL THE ANSWER, BUT I THINK IT WOULD BE EITHER A PUBLIC DISTRICT OF COVENANT WITH THE CITY OR THE NEIGHBORHOOD WOULD BE WHO WOULD ENFORCE IT. BUT, UM, I WOULDN'T GET JUMPED ON THAT. HEATHER CATHERINE HOUSING AND PLANNING THE AFFORDABILITY ITEM AND THE HOURS OF OPERATION, NEITHER OF THOSE CAN BE, UH, CITY DOCUMENTS. THOSE WOULD HAVE TO BE RIGHT IN A PRIVATE RESTRICTIVE KEVIN EIGHT, OR AS SHEA SAID, UM, CONDITIONAL USE. BUT, BUT I THINK THERE ARE OTHER, THERE COULD BE OTHER, UM, SORT OF NEIGHBORHOOD TEAMS THAT WEREN'T IN NEIGHBORHOOD CONTACT TEAM THAT COULD JOIN IN, IN THAT, IN A RESTRICTIVE COVENANT LIKE THAT. SO I JUST WONDERED IF THERE WERE OTHER NEIGHBORHOOD ASSOCIATIONS YOU HAD PARTNERED WITH OR AFFORDABLE HOUSING ASSOCIATIONS THAT YOU HAD PARTNERED WITH THEIR TALKS TO, WE WOULD BE OPEN TO TALKING TO THEM OR NO. WE ALSO HAVE OTHER NEIGHBORS AND SUPPORT, UM, WHO WOULD BE WILLING TO AGREE TO ENFORCE THIS. OH, SO REALLY IN YOUR MIND, THE ONLY ISSUE IS THE HOURS OF OPERATION AND SIX IS JUST TOO EARLY, BUT, BUT THAT'S THE ONLY ISSUE I THINK. SO, BUT NEW THINGS KEEP COMING UP EVERY TIME WE TRY TO PROVIDE SOME, OKAY, CAN I TALK TO SOMEONE FROM THE NEIGHBORHOOD THEN IT'S, DID THEY ALSO AGREE THAT IT'S ONLY THE HOURS OF OPERATION OR ARE THERE OTHER BIG ITEMS? THIS IS HUDSON BAIRD. AND, UM, I THINK THERE'S, THERE'S MORE ITEMS IN THAT. AND MIKE HAS BEEN A GREAT PARTNER TO NEGOTIATE WITH AND I THINK HAS REALLY TRIED TO FIND A DEAL, BUT OUR SENSE IS WE'VE COME A LONG WAY FROM S3 TO GET CLOSE, TO SEE US, TO GET CLOSE TO CS, UM, AND HAS ONLY SEEN THE APPLICANT KIND OF GIVE UP SOME USES POTENTIALLY THAT THEY WEREN'T INTENDING USE ANYWAY. UM, AND SO KIND OF OUR, UH, TRYING TO MAKE IT WORK IS PUTTING SOME RESTRICTIONS AROUND HOURS, BUT WE'D STILL PREFER US AT THREE, IF NOT, THE NEIGHBORHOOD OFFICE. UM, AND SO HAVEN'T SEEN YET, WE CAN'T SEEM LIKE THEY'D COME MUCH IN OUR DIRECTION. DO YOU HAVE A THOUGHT ABOUT A CONDITIONAL USE ON THE RESTAURANT BECAUSE CONDITIONAL USE COULD SET HOURS OF OPERATION OR SQUARE FOOTAGE, YOU KNOW, FOR THE SIZE OF IT OR, OR THINGS LIKE THAT, THAT IT COULD BE MARKED. YEAH, THAT'S OUR PREFERENCES. OKAY. UM, I CAN GET THAT UP AND I'D LIKE TO HEAR THE ANSWER TO THAT QUESTION. OKAY. YEAH, IT'S TWOFOLD PARTLY. UM, IT'S THE EVENING HOURS THAT THERE'S A LOT OF FOLKS THAT SPEND TIME ON THE FRONT YARD, KIND OF IN THE STREETS AROUND HERE, PLUS, UM, PARKING PLUS PEOPLE BE IN AND OUT. SO IT'S BOTH THE KIND OF UNCERTAINTY ROLE KIND OF RESTAURANT. IT WOULD BE HOW CROWDED WITH PARKING IMPLICATIONS WOULD BE WITH THE NOISE, TRASH, UM, LIGHTING AND SUCH, UM, JUST A LOT OF UNCERTAINTY THERE. AND THEN KNOWING IT'LL BE A MORE DENSE USE. UM, WE'RE OKAY WITH RESIDENTIAL BEING THERE, BUT IF IT'S PEOPLE COMING IN AND OUT A LOT, UM, WE'RE WORRIED ABOUT THE IMPLICATIONS THAT WE'LL HAVE FOR THE LIGHT PLUS THE PARKING ON PINELLAS IN CORONADO. OKAY. THANK YOU. YEAH, MY QUESTION WAS PRETTY SIMILAR. I WAS WONDERING IF THE MAIN STUMBLING BLOCK WAS THE HOURS. UM, IT SOUNDS LIKE IT'S THAT PLUS TRAFFIC AND OTHER CONCERNS, UM, FOR MR. ALVEREZ, UM, YOU MENTIONED CONCERNS ABOUT, UM, THIS BEING A SPECULATIVE PROJECT. CAN YOU ELABORATE ON ANY CONCERNS YOU MIGHT HAVE IF YOU HAVE ANY ABOUT HOW THIS DEVELOPMENT MIGHT IMPACT AFFORDABILITY OF THE SURROUNDING SINGLE FAMILY HOMES, UM, IN RELATION TO LIKE THE NEW VALUATION OF PROPERTY TAXES AND OR ANY, ANY RELATED CONCERNS? I JUST WANT TO UNDERSTAND BETTER IF THAT COMMENT ABOUT A SPECULATIVE PROJECT, UM, IS PART OF THE CONCERN, UM, WITH THIS REZONING, UM, THAT WAS, I MEAN, IT COULD BE FOR MR. BAIRD OR MR. , BUT WHOEVER'S THERE. YEP. YEAH, THIS IS, UH, I THINK, UH, I'VE BEEN SPEAKING TO THE CONTACT TEAM, SO, UH, UM, SIGN IT, DEFER TO HIM, BUT, UH, I WAS THE ONE WHO BROUGHT UP REGULATION. [01:20:01] AND FOR ME THE WHOLE POINT IS THAT, YOU KNOW, THE, YOU KNOW, OBVIOUSLY THE PLAN LAYS OUT WHAT THE ZONING FOR THE PROPERTY IS. AND IT SAYS AT THREE, RIGHT. AND IT WAS PURCHASED AS I SAID, THREE. AND, YOU KNOW, OBVIOUSLY THEY'RE LOOKING TO SEE WHAT THEY, WHAT THEY CAN GET, RIGHT. WHAT WILL PLANNING COMMISSION, CITY COUNCIL GRANT THEM? AND FOR ME, THAT'S NOT THE WAY YOU DO PLANNING, RIGHT. IS YOU ACTUALLY GO THROUGH A PLANNING PROCESS AND YOU SET OUT A VISION, RIGHT. AND YOU THEN TRY TO, UM, MAKE THAT, REALIZE THAT VISION. RIGHT. SO THAT'S ALL I THINK FROM OUR NEIGHBORHOOD POINT OF VIEW IS THAT, YOU KNOW, WE, MOST OF OUR NEIGHBORHOOD PLAN THAT HE'S GOT AND WE'RE ASKED TO ABSORB A LOT OF DENSITY AND WE DID, WE INCLUDED A LOT OF DENSITY IN OUR PLAN WHERE WE WANTED IT, BUT RIGHT NOW IT SEEMS LIKE EVERYONE'S TRYING TO EXPAND RIGHT WHERE THE DENSITY CAN GO. AND SO IT'S, UH, SO, AND, UH, AND IN SOME CASES, OF COURSE, IT'S COMMERCIAL GOING FROM A LOWER USE TO A HIGHER USE, MAYBE MORE DENSITY INSTEAD OF LAST, BUT THIS ONE'S LOSING SINGLE FAMILY TO COMMERCIAL. AND SO, SO AGAIN, FOR ME, IT'S LIKE, THERE SHOULDN'T HAVE BEEN AN EXPECTATION THAT THEY COULD GET THE YES. RIGHT. BECAUSE THEY BOUGHT IT AS I SAID THREE. AND SO I THINK ANYTHING THAT WE CAN GRANT THEM THAT'S BEYOND THAT I THINK IS US MEETING THEM HALFWAY. AND SO, SO FAR THEY, THEY WANT THE SMU AND THEY STILL WANT CFMU. AND THAT'S, THAT'S, THAT'S MY POINT OF VIEW. RIGHT. I'M NOT TRYING TO SPEAK FOR THE NEIGHBORHOOD PLAN CONTACT TEAM, BUT THAT'S THE WAY I LOOK AT IT. SO THANKS. THANK YOU. I APPRECIATE THAT. AND FOR STAFF, UM, IS THERE ANY KIND OF ANALYSIS OF, UM, THE KIND OF CHANGES TO PROPERTY VALUES THAT OCCUR WHEN A, UM, WHEN THE LAND USE IS REZONED FROM SINGLE FAMILY TO MIXED USE, LIKE THE CHANGES FOR ADJACENT PROPERTIES, AND IF THAT'S NOT SOMETHING THAT'S READILY AVAILABLE, UM, I WOULD LIKE TO SEE SOME KIND OF ANALYSIS LIKE THAT SENT TO US IN THE FUTURE, HEATHER CHAPMAN HOUSING AND PLANNING DEPARTMENT. NOW THAT IS NOT SOMETHING THAT THE CITY ANALYZES, UH, BECAUSE THOSE DECISIONS ARE MADE BY, UH, SHE CAN'T, THEY MAY HAVE SOME THINGS THAT I AM UNAWARE OF. ANY, ANYTHING LIKE THAT. ALL RIGHT. THANK YOU. AND I DON'T HAVE ANY MORE QUESTIONS. OKAY. DO WE HAVE ANOTHER QUESTION? THANK YOU, CHAIR. I HAVE A QUESTION FOR STAFF. UM, SO IF I UNDERSTOOD CORRECTLY IN OUR PRESENTATION, WHAT I'M HEARING IS THAT THE STAFF RECOMMENDATION FOR LR IS BASED LARGELY ON THE USES ASSOCIATED WITH NCS AND NOT THE, UH, SITE STANDARDS. SO MY UNDERSTANDING THAT THE CONCERN THAT STAFF HAS WITH ANYTHING APART FROM LR IS THE USES THAT ARE ALLOWED UNDER THOSE ZONES. UM, UH, HEATHER, AGAIN, HEATHER CHAPMAN, UM, THE USES ARE A VERY, VERY BIG PART OF IT. UM, YES, ISN'T VERY, UH, MRS. CATEGORY. I UNDERSTAND THE APPLICANT HAS, UH, DEVELOPED A LIST OF USES THAT THEY'RE WILLING TO PROHIBIT. I DON'T HAVE A COPY OF THAT LIST. SO, UM, I WOULD STAFF WITH A BUNCH REVIEW LIST. THERE'S ALSO WHAT THE INTENT OF A ZONING CATEGORY IS BEING CONSISTENT WITH WHAT THAT CATEGORY WAS DESIGNED FOR. L R IS NEIGHBORHOOD COMMERCIAL, UH, AS, UH, COMMISSIONER SHAY SAID, GR IS COMMUNITY COMMERCIAL AND A C S UH, IS INTENDED FOR MUCH MORE INTENSIVE CORRIDORS AND INTENSIVE LAND USES AND LOCATIONS. THANK YOU, MS. TRAVELING. UM, SO FOLLOW-UP TO THAT, CAN YOU SPEAK A LITTLE BIT TO THE CSA ZONING AROUND THE SITE? SO I'M SEEING KIND OF THERE'S CS IN THE SOUTH. THERE'S SOME CS CS ON THE EAST SIDE. UM, CAN YOU SPEAK A LITTLE BIT TO THE EXISTING ZONING AND IF THERE'S SORT OF ANY PLANS TO REASSESS THAT, UH, CONSIDERING THESE CONSIDERATIONS? UH, YES, IT, AGAIN, IN 2003, THERE WAS A VERY CONCERTED EFFORT TO REMOVE L I, AND ALSO SOME OF THE CS IN THIS AREA, UH, ALONG EAST SEVENTH STREET, AND THEN THE STREETS THAT FEED TO EAST SEVENTH STREET, UH, THIS IT'S SIMILAR TO WHAT HAS HAPPENED ALONG EAST CESAR CHAVEZ. THOSE, UH, ZONING CATEGORIES WERE DOWN ZONED, UH, IN PART BASED ON NEIGHBORHOOD INPUT. SOME OF THESE CS PROPERTIES [01:25:01] NEARBY HAVE CONDITIONAL OVERLAYS THAT LIMIT THE USES. I, FOR EXAMPLE, I LISTED IN THE FIRST PARAGRAPH OR SO OF A RECOMMENDATION, SOME OF THE PRIMITIVE LAND USES, BUT, UM, MY UNDERSTANDING IS THAT THESE PROPERTIES THAT STILL HAVE CS HAD EXISTING USES. AND SO THEY, I BELIEVE WERE INTENDING TO KEEP THAT, UH, ZONING SO THAT THEIR USE OF LIKE THE AUTO SALES WOULD BE PERMITTED AND REGARDING, UH, PROXIMITY OF CSU USES, EXCEPT FOR THE CARWASH. I WOULD SAY ALL OF THE CS ZONING IN THE AREA IT'S CENTERED AROUND SEVENTH STREET, IT KIND OF ENDS AT THE ALLEY THAT SEPARATES THE BLOCK AND IT MAKES A PRETTY DISTINCT TRANSITION TO RESIDENTIAL NORTH OF THERE. THANK YOU, MISS AND I GUESS TWO QUESTIONS. I'M NOT SURE IF HE'LL BE ABLE TO ANSWER THEM AT THIS TIME. I'M HOPING THAT YOU'RE GOOD. CAN YOU SPEAK IF GEORGIE RMU BE ACCEPTABLE TO STAFF AS OPPOSED TO, UM, THE STAFF RECOMMENDATION FOR LR? SURE. I WOULD HAVE TO, UH, TALK TO THE REST OF THE TEAM AND MY SUPERVISORS TO SEE IF, UH, WE WOULD BE SUPPORTIVE AT THAT WHEN IT GETS TO CITY COUNCIL. I APPRECIATE THAT. AND THEN I GUESS ONE QUESTION WOULD BE, WOULD WE TODAY AS PLANNING COMMISSION EVEN BE ABLE TO MAKE THAT MOTION TO GRM VIEW, AND I DON'T KNOW IF THIS IS A QUESTION FOR YOU OR FOR MR. RIVERA. I, I BELIEVE YOU'RE ASKING, UH, COULD YOU RECOMMEND GRM YOU YES, YOU COULD. UM, SINCE THEY REQUESTED, YES. M U G R IS ONE STEP DOWN. SO IT'S POSSIBLE TO MAKE THAT MISSION. IT'S JUST GOING UP WITH THE V THAT WE COULDN'T DO. I APPRECIATE THEM A CHAMPION. AND I GUESS WHILE I HAVE TIME, I'LL SEE IF MR. BEARD, YOU CAN HELP ME, UM, ANSWER THIS QUESTION. I'M JUST TRYING TO UNDERSTAND THE 6:00 PM LIMITATION ON ANY COMMERCIAL USE. CAN YOU SPEAK A LITTLE BIT TO WANTING TO END ANY COMMERCIAL USE AT 6:00 PM? UM, AND IF THERE IS SOME FLEXIBILITY AMONG YOU AND YOUR NEIGHBORS REGARDING THAT, UM, YEAH, THE, THE CONCERN IS GENERALLY WE WE'D PREFER TO SEE OFFICE THERE. UM, IN SOME USE THAT'S GOING TO BE, UM, YOU DRIVE UP THE PARK, YOU HANG OUT, YOU GO HOME, UM, OR A FEW PEOPLE ARE COMING IN AND OUT FOR APPOINTMENTS. AS WE MAKE SENSE. WHAT CONCERNS US IS THAT THE HIGHER UTILIZATION AND INCREASED TRAFFIC FLOW FROM A RETAIL OR FOOD SERVICE ESTABLISHMENT WITH SERVICE CONCERNS, IT'S EVEN MORE. AND SO THE COMPROMISE, WE THOUGHT AROUND THAT WITH MORE OF A BREAKFAST AND LUNCH SPOT, UM, WHILE FAMILIES ARE GONE IN, AT WORK, WHEN THAT MAKES SENSE TO DO AGAIN. UM, AND SO THE 6:00 PM ACCOMMODATION WAS TO TRY TO ALLOW US A LUNCH SPOT TO WIND DOWN, UM, OR, AND BEYOND THAT, YOU KNOW, SEVEN, EIGHT, O'CLOCK STILL DOESN'T QUITE WORK FOR A DINNER SPOT. UM, BUT TO GET INTO 10, 11:00 PM, UM, IT FEELS LIKE WE PUT A LOT OF STRAIN ON THE NEIGHBORHOOD AND CREATE A LOT, UM, IT'S KIND OF A MUCH DIFFERENT NEIGHBORHOOD CHARACTER FEEL AND STRESS IT, THAT LIGHT THAT IS ALREADY A PRETTY STRANGE PLACE AS IT IS. ALL RIGHT. YEAH. TWO MORE SPOTS FOR QUESTIONS VERY MUCH. TYLER, THANK YOU. I THINK I HAVE SOME QUESTIONS AT THE MOMENT FOR THE RESIDENTS. UM, WHEN WE TALK ABOUT POSSIBLE OFFICE USE OR OTHER, UM, NEIGHBORHOOD BUSINESSES THAT MIGHT BE APPROPRIATE IN THIS SETTING, I'M THINKING OF A DRY CLEANER, I'M THINKING OF MAYBE A CHILDCARE CENTER. I'M JUST TRYING TO THINK IF WE WERE TO RECATEGORIZE TO SAY GR THAT HAS SOME OTHER THINGS, ARE WE GOING TO RUN INTO THAT SAME 6:00 PM PROBLEM? UM, BECAUSE MOST CHILDCARE CENTERS ARE GOING TO BE WINDING DOWN AROUND THAT TIME, OR EVEN LATER, A DRY CLEANER MAY BE OPEN TILL 8:00 PM OR THAT KIND OF THING. SO I GUESS I NEED A LITTLE MORE CLARIFICATION. ARE, ARE YOU GUYS FEELING THAT IT REALLY NEEDS TO BE AN EIGHT TO FIVE BUSINESS, A BUSINESS USE THAT KIND OF THING VERSUS ANY KIND OF NEIGHBORHOOD COMMERCIALIZATION? SO THAT'S A NEIGHBORHOOD QUESTION. THAT'S AN, I'M HAPPY TO KEEP SPEAKING THEN I'LL HOLD FACE FOR OVAL IF HE WANTS TO WEIGH IN AS WELL. UM, THAT'S A TRICKY QUESTION. SIX IS, UM, IT'S NOT A KIND OF HARD AND FAST DEADLINE, AS MUCH AS A PREFERENCE. IT'S REFLECTING OUR CONCERN FOR A PLACE THAT'S REALLY BUSY AT NIGHT. UM, AND, UM, AND SO, YOU KNOW, IF IT'S SEVEN O'CLOCK, IT'S A DRY CLEANERS OR CHILDCARE CENTER, THAT'S GREAT. UM, AS LONG AS IT'S KIND OF WINDING DOWN AND, AND GET INTO IT REFLECTS MORE OF THE CHARACTER OF THE NEIGHBORHOOD AND THE PEOPLE WHO LIVE ON THAT PROPERTY AS WELL AS IT GETS LATER TO THE EVENING. [01:30:02] SO IT SOUNDS LIKE THE BIG CONCERN WOULD BE IF THERE'S A RESTAURANT OPEN TILL 10, 11, OR MIDNIGHT ON FRIDAY, SATURDAY NIGHT, YOU HAVE LOTS OF VIA KILLED HER TRAFFIC CARS OR ALCOHOL BEING SERVED IS I PRESUME. AND THIS MIGHT BE A STAFF QUESTION THEN IF IT'S, IF I'M TRYING TO COMPARE THE CATEGORIES AND I'M TRYING TO KEEP UP WITH COMMISSIONER SHAKY KNOWS THIS STUFF BACKWARDS AND FORWARDS. UM, BUT FOOD STUFF IS PERMITTED UNDER GR. AND SO I GUESS I NEED TO KNOW DOES THAT, HOW DOES LIQUOR, UH, GO IN WITH THE RESTAURANT STUFF MAYBE STAFF CAN CLARIFY FOR, FOR ME, CAUSE I'M, I'M TRYING TO SEE, IS THERE A WAY WHERE THE OWNER CAN GET SOME OF WHAT ARE THE, THE APPLICANT COULD GET SOME OF WHAT THEY'RE WANTING THAT IS STILL IN KEEPING WITH THE NEIGHBORHOOD FEEL? YES. UM, PETER IN WINE CAN BE SOLD AT RESTAURANTS, WHICH MEANS IT HAS TO BE AT LEAST 50% RESTAURANT. THAT'S KIND OF THE BASE LEVEL BEFORE YOU HAVE TO GET ANY, UH, SPECIAL PS, ONE ZONING OR SOMETHING LIKE THAT, THAT BEER AND WINE IS POSSIBLE, UH, AT LR OR GR UM, WHEN IT DID RESTAURANT, UM, AND ALSO RESTAURANT GENERAL RESTAURANT CATEGORY. OKAY. UH, THAT IS NOT SOMETHING YOU GET INVOLVED WITH SO MUCH AS ABC. RIGHT. OKAY. BUT THAT WOULD BE PERMISSIBLE. AND THAT MIGHT CRAWL OVER TO THE NEIGHBORHOOD'S CONCERN IF THINGS WERE TO GO LATER THAN WHAT A QUIET NEIGHBORHOOD WOULD BE HAPPY WITH. UM, OKAY. I GUESS ANOTHER STAFF QUESTION THEN, UM, I GUESS WE CAN DOWNSIZE ON IT, BUT IF, IS THERE, DO WE HAVE A WAY TO GIVE THEM MORE TIME TO KIND OF THINK ABOUT IT AND LOOK AT IT? I THINK, I THINK ONE OF THE OTHER COMMISSIONERS ALLUDED TO MAYBE A FEW MORE WEEKS, AND THEN I KNOW WE HEARD FROM THE APPLICANT SAYING THEY DIDN'T THINK THEY HAD, UM, THAT THEY WERE AT AN IMPASSE, BUT IT, IT JUST SEEMS LIKE IT'S AWFULLY CLOSE TO BEING WORKABLE. SO I'M LOOKING FOR OTHER OPTIONS TO TRY AND PULL THIS TOGETHER IN A WAY THAT'S SATISFACTORY FOR ALL THE PARTIES. UH, THERE COULD BE A REQUEST FOR POSTPONEMENT, UH, BY ANY OF THE PARTIES, IF THEY, IF YOU WANTED TO COME BACK. ALSO IF, UH, THE APPLICANT WANTED TO INCREASE THEIR REQUESTS BY ASKING FOR THE AGAIN, WHICH HAVE TO COME BACK OFTEN. OKAY. SO BEFORE MY TIME IS OUT, ARE THERE ANY OF THE PARTIES THAT WOULD LIKE TO REQUEST THAT THIS BE POSTPONED FROM TONIGHT OR ARE WE STILL BEING ASKED TO TAKE A VOTE TONIGHT? THIS IS MIKE KING. UM, AND, UH, WE HAVE TIME TO CONTINUE THE DISCUSSIONS AND JUST TO BE CLEAR, WE ARE ASKING FOR ALL OUR USES, WHETHER ZONING AND IN ADDITION, WE ARE ASKING FOR THE LR RESTRICTIONS THAT APPLY TO A RESTAURANT USE TO APPLY. UM, AND THAT'S ON SLIDE FIVE OF MY PRESENTATION. SO WE WOULD JUST LIKE TO MOVE FORWARD AND CONTINUE DISCUSSIONS IF NEED BE. BUT WE HAVE TIME TO DO THAT OUTSIDE OF THIS CONTEXT AS WELL. THANK YOU. AND THE NEIGHBORHOOD HAS NOT REQUESTED A POSTPONEMENT, IS THAT MY, IS THAT UNDERSTANDING, CORRECT? ARE THEY CORRECT? SORRY, HEATHER, HEATHER CHAPMAN AND HOUSING AND PLANNING, UH, AS ONE OF THE COMMISSIONERS ALLUDED TO, UH, THERE WAS AN EMAIL THIS AFTERNOON THAT DID NOT REQUEST A POSTPONEMENT, BUT IT STATED THAT, UM, THE NEIGHBORHOOD I CAN GET TO THE EMAIL QUICKLY, UM, THAT THERE WAS SOME INTEREST ON BEHALF OF THE NEIGHBORHOOD FOR A PEZ TENANT THAT IT HAS NOT BEEN FORMALLY REQUESTED, CAN EITHER OF THE, UM, REPRESENTATIVES FOR QUEST THAT THIS EVENING, OR WE DON'T HAVE THE PROPER PROTOCOL FOR THEM TO DO THAT TONIGHT, PRETTY REQUESTED AT THIS TIME. AND WE WOULD JUST LIKE TO MOVE FORWARD, BUT, YOU KNOW, CONTINUE THESE DISCUSSIONS IN KURDISH. WE'VE BEEN TALKING TO SEPTEMBER IF YOU'RE TALKING ABOUT, WE DON'T WANT TO DELAY THAT. ALL RIGHT. WE'LL MOVE ON TO OUR LAST SPOT FOR A QUESTION, [01:35:04] MR. SCHNEIDER, UH, IT'S MISS CHAFFIN. UM, HEATHER, UH, CAN YOU, UH, I DON'T RECALL THAT THERE ARE DIFFERENCES IN THE RESTAURANT ZONING FOR LR AND G R OR EVEN CS, UH, ARE THERE. AND IF SO, CAN YOU EXPLAIN WHAT THE DIFFERENCES ARE? I AM NOT VERY GOOD AT REMEMBERING THOSE. UM, THERE ARE LIMITATIONS IN LR ABOUT YOUR AMOUNT OF OPEN, UH, LIKE OUTSIDE SEATING AND SQUARE FOOTAGE OF A RESTAURANT AND THINGS LIKE THAT. UH, JUST GOING OFF THE TOP OF MY HEAD. I'M SORRY, I DON'T HAVE THAT NOTED AND I CAN JUMP IN AND, AND JUST FLUSH THAT OUT A LITTLE BIT. IF THE COMMISSIONERS WOULD ALLOW ME, THIS IS MIKE. SURE. THAT'D BE GREAT. PLEASE. GO AHEAD, MICAH. YEAH. YEAH. THANK YOU SO MUCH. SO, UM, UNDER LR FOR A RESTAURANT GENERAL USE, UM, THE REQUIREMENTS ARE THAT THE INDOOR FOUR AREA CANNOT EXCEED 4,000 SQUARE FEET. OUTSOURCED OUTDOOR SEATING IS LIMITED TO 500 SQUARE FEET AND MUST BE LOCATED, UM, OUTSIDE OF AT LEAST 50% AWAY FROM THE SINGLE FAMILY HOME. UH, YOU CAN'T DO OTHER OR ENTERTAINMENT. YOU CAN'T DO OUTDOOR AMPLIFIED SOUND AND YOU CAN'T DO A DRIVE THROUGH FACILITY. AND WE'RE REQUESTING THAT THOSE LR RESTRICTIONS APPLY TO OUR REQUESTED ZONING. IN ADDITION, AND WE ALREADY SAID WE'RE WILLING TO LIMIT HOURS OF OPERATION TO 11, BUT THERE IS A CODE PROVISION 25 TO EIGHT OH EIGHT THAT SAYS THAT IF YOU WERE TO HAVE A LATE FOR A REQUEST OF A LATE HOURS FOR A MINUTES AND PBC, WHICH WE'RE NOT GOING TO DO, THEN THE ARTICLE 10 COMPATIBILITY STANDARDS WOULD APPLY TO THE RESTAURANT STILL. UM, AND THAT YOU WOULD HAVE TO, UM, UM, UH, BY THE WAY, WHEN WE'RE NOT REQUESTING A COCKTAIL LOUNGE USE THIS, THIS CANNOT BE A BAR UNDER CS OR LR OR SOMETHING. THANKS. UH, AND, UH, I THINK FROM MS. CHAFFIN, UH, WE ARE ABLE, SO, SO I UNDERSTAND, UH, THE LIMIT THAT THE APPLICANT IS ACCEPTED, IT'S EXCEPTIONAL FOR THE APPLICANT AND ANY LIMIT ON THE OPEN HOURS. CAN THAT BE DONE WITH A CONDITIONAL OVERLAY? OKAY. NO, IT WOULD HAVE TO BE PRIVATE RESTRICTIVE COVENANT. THANKS. I THINK YOU SAID THAT BEFORE, TOO. SO THANKS FOR THE CLARIFICATION. I, I THINK THAT'S, I'M NOT SURE IF THAT'S CORRECT. I MEAN, I THINK WE CAN DO HOURS OPERATION AND SCREENING AND THAT SORT OF THING. I'M PRETTY SURE I'VE SEEN IT IN A CONDITIONAL OR REALLY BEFORE, BUT MAYBE I'M WRONG. HEATHER, CATHERINE, HOW'S IT BEEN PLANNING? THIS HAS BEEN AN ISSUE IN RECENT YEARS WHERE A LOT DEPARTMENT NOW IT'S DETERMINED THAT IT HAS TO BE A PRIVATE RESTRICTIVE COVENANT THAT HAS BEEN DONE WITH OTHER MECHANISMS IN THE PAST. MR. STEINER, CAN I ASK A CLARIFYING QUESTION? SO NO CONDITIONAL OVERLAY IN THE LR SCENARIO? JUST NOT AT LEAST NOT WHAT WE CAN ASK TONIGHT, BUT EVER I'M CONFUSED. OKAY. JUST THE HOURS OF OPERATION AND THE HOURS OF OPERATION, THE, UH, A PRIVATE RESTRICTIVE COVENANT BETWEEN THE OWNER AND ANOTHER PARTY. OTHER IN CONDITIONAL OVERLAY, YOU USE A LITTLE LIKE THE PREY THAT IT USES, ET CETERA. THE, THE HOURS OF RESTRICTION WOULD APPLY BECAUSE WE WERE FIGHTING. THE LR USES TO THE BUILDING THOUGH. YOU'RE ON MUTE. OH, SORRY. I DIDN'T WANT TO SPEAK OUT OF TURN. I JUST WANTED TO KNOW IF COMMISSIONER SHAY WANTED TO WEIGH IN ON THAT SAYING SOMETHING, BUT I'M NOT MY CHAIR. SO WE'RE GETTING A LITTLE, I MEAN, I THINK, I MEAN, I I'D LIKE TO WEIGH IN, BUT I'M THINKING THE BEST WAY TO WEIGH IN IS TO THROW A MOTION OUT THERE AND THEN WE CAN ALL DISCUSS IT AND JUST SEE WHERE IT GOES FROM THERE, BECAUSE THERE'S ALL THESE QUESTIONS UNTIL WE THROW SOMETHING ON THE TABLE, GET STAFF, GET LEGAL, EVERYBODY TO CHIME IN. WE'RE WE'RE SPINNING AROUND. SO, UM, WITH, I MEAN, I WOULD THAT I'D LIKE TO TRY TO MAKE A MOTION AND SEE HOW IT LANDS AND SEE STAFF AND EVERYBODY, YOU KNOW, [01:40:01] SO YOU GUYS GOOD WITH THAT? OKAY. SO I'M GONNA MAKE A MOTION FOR GR IF WHICH IS A COMMUNITY, UH, COMMERCIAL SITE DEVELOPMENT REGULATIONS. OKAY. BUT LIMITED TO A NEIGHBORHOOD COMMERCIAL USES, WHICH IS THE LR USES. SO IT'D BE GR WITH LR USES, BUT WE'RE ALSO GOING TO MAKE RESTAURANT USE ALL THE RESTAURANT USES WILL BE, UH, CONDITIONAL USE. OKAY. UH, BECAUSE THEY HAVEN'T HASHED IT OUT. WE'LL, WE'LL PUT IT OUT THERE THAT THIS ALLOWS THEM TO HASH IT OUT, YOU KNOW, AND US TO HASH IT OUT LATER. SO THAT'S A CONDITIONAL USE. IN ADDITION, WE'RE ALSO GOING TO, UM, REQUEST, AND I DON'T KNOW HOW TO DO THIS. CAUSE AT THIS POINT, THESE THINGS WOULD PROBABLY HAVE TO BE IN PRIVACY TO COVENANTS IS GOING TO BE THE AFFORDABILITY, UH, OF THE, UM, 10% AFFORDABLE AT 16% MFI, I GUESS, FOR 40 YEARS. AND THAT WAS WHAT WAS PROPOSED BY THE APPLICANT, UM, FOR WHAT IS IT, UH, FOR 20, SORRY, JEFFREY, WHAT'D YOU SAY? 40 YEARS. RIGHT. OKAY. SO, AND THEN THE OTHER, UM, RESTRICTIVE COVENANT IS TO BE ABLE WELL, IS, IS TO PUT RESIDENTIAL AND COMMERCIAL ON THE SITE BECAUSE THAT'S WHAT THEY COMMITTED TO. UM, AND THAT'S WHAT THEY PRESENTED AND WITHOUT PUTTING A V ON IT, THIS IS THE ONLY WAY WE CAN DO IT. SO I UNDERSTAND, YOU KNOW, AND I'M SURE STAFF IS GOING TO CHIME IN, LIKE, WE CAN'T DO IT, BUT WHAT IF IT, BUT IT NEEDS TO BE ON THE TABLE FOR US TO BE DISCUSSING. SO THAT'S MY MOTION. OKAY. CAN YOU, UH, SAW A SECOND FROM COMMISSIONER THOMPSON? CAN I JUST MAKE A COUPLE OF FRIENDLY AMENDMENTS THAT WE WOULD LIKE, WE'D BE INTERESTED IN SEEING THOSE, THOSE, UM, RESTRICTIVE COVENANT BEFORE IT GOT TO COUNCIL, BUT NOT NECESSARILY OUTSIDE OF THE HOURS OF OPERATION OR OUTSIDE OF THE USES AND NOT TO TALK ABOUT OTHER THINGS THAT THEY COULD ADD TO THE RESTRICTIVE COVENANT. OKAY. I GUESS NOT TO SAY THAT THE AFFORDABILITY AS PART OF THE RESTRICTIVE COVENANT, BUT DOESN'T THAT, SO TECHNICALLY ON OUR MOTIONS, WE CAN'T TALK ABOUT ANYTHING. I MEAN THE PRIVATE RESTRICTED COVENANTS CAN'T REALLY EVEN BE PART OF THE MOTION, RIGHT. BECAUSE, WELL, I MEAN, THE STAFF CAN'T DO ANYTHING WITH THAT, BUT THOSE ARE THINGS THAT WE, THAT WE'RE, WE'RE TRYING TO GET THE APPLICANT TO COMMIT TO CAUSE THEY ALREADY DID SO. RIGHT. I'M HEARING THAT WE CAN'T MAKE THE RESTRICTIVE COVENANT BEFORE COUNCIL PART OF THE MOTION. UM, SO WHAT I'M HEARING AS THE MOTION IS, HANG ON, LET ME REPEAT THIS BEFORE. UM, BEFORE WE GET INTO MR. SHEA, UM, SPEAKING TO HIS MOTION AND THEN DEBATE ABOUT IT. SO G R M U SITE DEVELOPMENT REGULATIONS LIMITED TO LR USES, UM, ALL RESTAURANT USES OR WILL BE A CONDITIONAL USE. UM, I DIDN'T CATCH THE 40 YEARS THING. SO THAT WAS, THAT WAS, HAD TO DO AFFORDABILITY, WHICH WE CAN'T PUT ON. RIGHT. THAT'S COMMUNITY BUY THEM PRIVATELY. AND THE OTHER THING IS COMMITTED TO BUY THEM PRIVATELY IS ALSO, UM, COMMITTED TO BOTH RESIDENTIAL AND COMMERCIAL USES ONSITE. OH, RIGHT. YEAH. GOT THAT. OKAY. UM, SECONDED BY COMMISSIONER THOMPSON AND YOU'D LIKE TO SPEAK TO THAT SURE. OKAY. SO, UM, YOU KNOW, I KNOW THERE'S A LOT OF DISCUSSION ABOUT, YOU KNOW, THE NEIGHBORHOOD AND, AND HOW THAT AREA IS, BUT I MEAN, SEVENTH STREET IS A CORE TRANSIT CORRIDOR. I MEAN, IT WAS LONG TIME, EVEN BEFORE I GOT INTO THIS BUSINESS AND SEVENTH STREET WAS ALWAYS ENVISIONED TO GO DOWN TO AIRPORT FOR SO LONG. THIS IS LITERALLY HALF A BLOCK FROM IT. SO, YOU KNOW, WHILE WE LOOK AT IT AND WE SAY, OKAY, WELL, IT'S NOT, I MEAN, THIS PIECE OF PROPERTY SHOULD, YOU KNOW, BECAUSE IT REFLECTS SO CLOSELY TO A PARK AND THE NEIGHBORHOOD, IT SHOULDN'T BE THAT THE CS IT'S GOTTA BE SOMETHING THAT'S TAPERING DOWN, IT'S EITHER NEIGHBORHOOD OR IT'S COMMUNITY. I MEAN, THAT'S WHAT WE NEED TO BE LOOKING AT. RIGHT. SO THAT'S HENCE THE GR, BUT AS FAR AS FOR THE USES, UM, IT'S, IT SEEMS TO, I GOT TO THE USERS BECAUSE THAT'S, WHAT'S BEEN COMMITTED BY THE APPLICANT AND ALSO, UM, IN THE LETTERS THAT WERE WRITTEN BY THE NEIGHBORHOOD THERE'S THOSE THAT ALSO WANTED THAT COMBINED USE. AND AS FAR AS FOR THE CONDITIONAL USE, UH, FOR THE RESIDENTIAL, IT ALLOWS THAT USED TO HAPPEN. BUT YOU KNOW, IT DOES HAVE TO GO THROUGH A SITE PLAN PROCESS WHERE ALL OF THIS STUFF IS WRITTEN DOWN ON THE SITE PLAN. SO EVERYBODY CAN SEE WHAT THESE REGULATIONS ARE, RIGHT. THE HOURS OF OUR OPERATION OPERATIONS, WHEN'S THE TRASH GOING TO BE PICKED UP ANYTHING LIKE THAT. AND THAT'S A TIME WHEN WE GET TO SEE IT AS WELL AS THE NEIGHBORHOOD GETS TO SEE IT. SO I FEEL LIKE THIS MOTION KIND OF COVERS WHAT EVERYBODY'S WANTING SO THEY CAN GET THEIR NEIGHBORHOOD, UH, OFFICE LIKE THE NEIGHBORHOOD WANTS. BUT IF THERE [01:45:01] WAS GOING TO BE A RESTAURANT, WELL, THERE'S A LITTLE BIT MORE THINGS THAT THEY KIND OF HAVE TO HASH OUT AND WE WILL HAVE RESIDENTIAL AND WE WILL HAVE COMMERCIAL. UM, YOU KNOW, THAT'S THE KIND OF THE BASIS OF ALL OF THIS. SO, UM, WITH THE GR THEY'RE STILL ABLE TO DO THEIR PROJECT. SO THEY WERE ASKING FOR THE CS, BUT THEY DIDN'T REALLY NEED TO SEE US. THEY ONLY NEEDED TWO X, WHICH IS GR NAZI US. UM, SO ANYWAYS, SO THAT'S HOW IT GOT TO MY MOTION. SO, OKAY. YOU HAVE A COMMISSIONER SPEAKING AGAINST THE MOTION, MR. COX, UM, AM I ALLOWED TO MAKE A SENSITIVE MOTION? YES. UM, I MAKE A SUBSTITUTE MOTION THAT WE POSTPONE THE DECISION ON THIS CASE TO OUR JUNE 22ND MEETING. I SEE HIS SECOND. OKAY. I SEE A SECOND BY COMMISSIONER THOMPSON. HI. UM, I'M NOT SURE IF I'M ALLOWED TO SECOND BOTH MOTIONS, BUT I WAS ACTUALLY GOING TO SPEAK WHEN I SPOKE TO MIND TO SAY, I WOULD ALSO VOTE FOR A SUBSTITUTE THAT SAYS, LET'S JUST POSTPONE THIS. AND HOPEFULLY, YOU KNOW, WITH THE IDEA THAT, YOU KNOW, I WILL VOTE FOR A CONDITIONAL USE ON A RESTAURANT, MEANING IT COMES BACK TO US, BUT A RESTAURANT IS POSSIBLE AT THAT. AND I THINK THAT, YOU KNOW, OTHER COMMISSIONERS MIGHT TOO, THAT IT MIGHT ENCOURAGE THE OWNER AND THE APPLICANT AND THE NEIGHBORHOOD TO, TO WORK OUT WHAT THOSE CONDITIONS ARE AND TO GET THEM IN A, IN A RESTRICTIVE COVENANT, NOT, NOT PART OF OUR MOTION AND JUST COME TO US WITH A RESTRICTIVE COVENANT WHERE THEY'VE WORKED THOSE OUT AND THEN DON'T HAVE TO COME BACK BEFORE US AGAIN AND POSSIBLY GET THEIR WAY OR POSSIBLY NOT GET THEIR WAY. AND IT WOULD JUST, IT WOULD BE USEFUL FOR THE TEAMS TO COME TO AN AGREEMENT. SO I DON'T KNOW IF I CAN CHECK IT TWO DIFFERENT MODES. I THINK YOU CAN. I THINK I'VE DONE IT BEFORE. CAN I SHARE A CONEX? WOULD YOU LIKE TO, UM, YEAH, I'LL, I'LL, I'LL ELABORATE ON WHAT COMMISSIONER THOMPSON SAID. SO I PERSONALLY AM OPPOSED TO A RESTAURANT USE ON THIS SITE FOR REASONS THAT I'VE ALREADY STATED, BUT I DO SUSPECT THAT THERE'S A MAJORITY OF THIS COMMISSION THAT IS WILLING TO APPROVE A RESTAURANT USE ON THIS SITE IN A VERTICAL MIXED USE TYPE FORMAT. AND SO MY, MY GOAL IN POSTPONING, THIS ITEM IS TWOFOLD. UM, ONE IS I HAVE A LOT OF PROBLEMS WITH PRIVATE, UH, RESTRICTIVE COVENANT, BECAUSE THE ONLY WAY TO ENFORCE THAT IS ESSENTIALLY TO SUE SOMEONE AND WE SHOULD NOT EXPECT PROPERTY OWNERS TO JUST START DOING EVERYONE, YOU KNOW, BECAUSE THERE'S ALL THESE COMPLICATED, PRIVATE, RESTRICTED COVENANTS ANYWHERE BECAUSE WE'RE RESTRICTED FOR ONE REASON OR ANOTHER. I DON'T REALLY UNDERSTAND WHY WE'RE RESTRICTED, THAT WE CAN'T MAKE THESE AS CONDITIONAL OVERLAYS TO THE ZONING. UH, SO, SO I, I STRONGLY SUGGEST THAT THE APPLICANT APPLICANT COME BACK AND IF HE'S DETERMINED TO HAVE A COMMERCIAL USE ON THE GROUND FLOOR, COME BACK WITH A B IN THE ZONING SO THAT WE DON'T HAVE TO WORRY ABOUT NOT HAVING HOUSING ON THIS SITE. AND THEN THE SECOND REASON, UH, TO POSTPONE IS EXACTLY WHAT COMMISSIONER THOMPSON SAID IS IF, IF THEY'RE, IF THEY'RE DETERMINED TO HAVE THAT RESTAURANT YOUTH COME BACK WITH US WITH SOME DRAFT OR FINAL PRIVATE, RESTRICTIVE COVENANT LANGUAGE THAT, UM, THEY CAN FIND SOMEONE TO PARTICIPATE IN THAT THAT HELPS ADDRESS SOME OF THE CONCERNS THAT WE'VE HEARD FROM, FROM THE NEIGHBORHOOD. AND SO THAT'S WHY I PUT OUT THE, UH, THE SUBSTITUTE MOTION TO POSTPONE TO JUNE 22ND. I P I CHOSE STUDENTS 22ND, BECAUSE THAT WOULD GIVE THEM A FULL MONTH AND, UH, TO RESUBMIT WITH THE V I DON'T KNOW IF THAT'S ENOUGH FOR STAFF TO COME BACK WITH THE V UM, UH, AND THEN WORK OUT WITH THEIR LAWYERS OR WHATEVER THE RESTRICTIVE. ALL RIGHT. DO I HAVE ANY COMMISSIONER SPEAKING AGAINST OR NEUTRAL COMMISSIONER CONNOLLY? I CAN'T HEAR YOU. YOU WANT ME TO DOUBLE MUTED? NOPE. WE'RE NOT HEARING YOU. IS YOUR PHONE ON MUTE? UM, UM, WELL, LET'S GO TO COMMISSIONER AZHAR AND THEN WE'LL COME BACK TO YOU. COMMISSIONER CONNOLLY. I JUST HAD A QUESTION FOR THE MOTION MAKER, IF I CAN ASK THAT, AND THAT WAS, WOULD THE MOTION WE COULD BE OPEN TO ESSENTIALLY GOING TO DO WEEKS FROM NOW. I UNDERSTAND WHAT WE'RE SAYING, WHETHER WE, BUT TO DO THE READER APPLICANT WOULD HAVE TO APPLY AGAIN ANYWAYS. SO THAT'S SOMETHING THAT THEY CAN CONSIDER, BUT WOULD, UH, COMMISSIONER GAWKS BE WILLING TO HAVE, UM, [01:50:01] UH, COME BACK AND DISCUSS THIS IN TWO WEEKS TIME. SO AT OUR NEXT MEETING, UM, OUR NEXT MEETING MAY 25TH, UH, THAT'S, THAT'S A REALLY SHORT TIME TO GET THE NEIGHBORS TO BE ABLE TO REVIEW THE DOCUMENT, PREPARE WHATEVER RESTRICTIVE COVENANTS, THAT SORT OF, THAT SORT OF STUFF. UM, I MEAN, IF, IF, IF TIME'S A CONCERN AND THE APPLICANT HAS EXPRESSED A DESIRE TO KEEP THIS MOVING, I SUPPOSE WE COULD TRY JUNE 8TH, BUT, BUT WE RISK, UH, BASICALLY BEING IN THE SAME SPOT AND NOT HAVING, UM, THE DOCUMENTS, UH, BEFORE IT'S FOR US TO CONSIDER AND FEEL COMFORTABLE WITH. UM, SO I'M, I'M VERY CONFLICTED ON THAT. I WANT, I WANT TO, TO MAKE A DECISION ON THIS CASE, AND I HAVE A FEELING THAT, THAT I KNOW HOW IT'S GOING TO GO, BUT I JUST WOULD LIKE TO HAVE THAT PAPERWORK IN FRONT OF ME. AND SO, UM, SO IF, IF I CAN STEP IN, SO COMMISSIONER IS OUR, IF YOU'RE WANTING TO CHANGE THE DATE, THAT WOULD NEED TO BE A SUBSTITUTE MOTION. AND I THINK BEFORE WE GO DOWN THE RABBIT HOLE OF A SUBSTITUTE TO THE SUBSTITUTE, WE'LL HAVE TO VOTE ON CHAIR IF I REMEMBER CORRECTLY. WELL, REAL QUICK, HEY, COMMISSIONER, COMMISSIONER COLONY, UH, CONNOLLY. AYE, AYE. AYE. HE TRIED TO SPEAK ON THIS. MAYBE TRY TO CALL BACK IN BECAUSE IT'S NOT FAIR IF YOU CAN'T BE, OH, WE CAN HEAR YOU NOW. I MEAN, I, I HARDLY WANT TO SAY IT ANYMORE, BUT I MEAN, MY, MY TWO MAIN QUESTIONS WERE, IS THERE ANY EVIDENCE THAT I WOULD EVEN, I WOULD EVEN ACCEPT A POSTPONEMENT IF THERE WAS ANY, IS THERE ANY EVIDENCE THAT THE NEIGHBORHOOD AND THE APPLICANT ARE AT THIS STAGE CAPABLE OF OR INTERESTED IN REACHING AN AGREEMENT? UM, IS THERE ANY EVIDENCE OF THAT OR IS THE POSTPONEMENT JUST TO KIND OF, UH, I DUNNO, JUST THE, YOU KNOW, PART AND PARCEL OF THE PHILOSOPHY THAT ETERNALLY DELAYING THINGS IS, IS BETTER SOMEHOW, YOU KNOW, SORT OF STALLING FOR TIME IN THE GRAND SCHEME OF THINGS. UM, IS THERE ANY EVIDENCE THAT THERE'S ACTUALLY GOING TO BE AN AGREEMENT? AND THE SECOND PART OF MY QUESTION IS IF, UH, SO THE PROPOSED DATE IS, UH, JUNE 20, UH, W JUNE 21ST, 22ND. UM, SO IS THERE, IF THEY COME BACK TO US ON JUNE 22ND AND THERE IS NO AGREEMENT, UM, YOU KNOW, THEN, THEN WHAT THEN ARE WE GOING TO JUST BE, YOU KNOW, FINE, JUST TAKE THE SAME VOTE THAT WE WOULD TAKE TODAY, OR ARE WE, YOU KNOW, IS THERE ANY COMMITMENT ON OUR PART TO TRY TO MOVE FORWARD WITH SOMETHING, IF THERE ISN'T AN AGREEMENT? IS THAT A QUESTION TO ME? OR IT'S A, I GUESS IT'S A QUESTION TO YOU AND IT'S A QUESTION TO ALL OF US. I MEAN, AM I ALLOWED TO RESPOND HERE? UH, IT SOUNDED MORE OF LIKE AN OPEN-ENDED QUESTION. OKAY. UM, LET'S I WOULD LIKE TO RESPOND IF I CAN, BECAUSE I'VE GOT AN ANSWER, BUT OKAY. I WAS JUST GOING TO SAY, OKAY. UM, KARA WAS JUST GOING TO SAY IF I REMEMBER CORRECTLY AND MR. HERRERA CAN CORRECT ME IF I'M WRONG, BUT I CAN MAKE AN AMENDMENT TO THE SUBSTITUTE AT THIS POINT, WHICH WOULD BE, UM, CHANGING THE SPECIFIC PIECE OF THE SUBSTITUTE. IF I REMEMBER MR. ALVAREZ SAID THAT I'M ALLOWED TO DO THAT, IN WHICH CASE I WOULD LIKE TO MAKE A AMENDMENT TO COME BACK AT OUR NEXT MEETING WITH THIS ITEM, AND I CAN SPEAK TO THAT THING. SURE. COMMISSIONING LIAISON HANDOVERS. SO THE PREVIOUS, UH, ADVISEMENT WAS THAT WOULD BE A THREE PENDING MOTIONS, WHICH ANELA PERMITTED. SO YOU CURRENTLY HAVE TWO MOTIONS ON THE TABLE STAFF QUESTION OR NEUTRAL COMMENT. YEAH. LET'S, UH, TAKE A, A NEUTRAL OR AGAINST WE'VE ALREADY HAD TWO, FOUR. OKAY. SO LET ME, I CAN, I CAN KIND OF DO THIS AS AN AGAINST TO GET STAFF CLARIFICATION. UM, IF I'M, I'M SORRY, I'VE TRIED TO LEARN ALL THE CODE. SORRY, ANDREW. I TRY TO LEARN ALL THOSE CODING ON THE GR IT LOOKS LIKE THE ONE YOU SENT ME SAYS THE RESTAURANT, UM, GENERAL AND LIMITED ARE PERMITTED UNDER G R. I'M A LITTLE CONFUSED WITH THE MOTION COMMISSIONER SHANE MADE THAT WOULD MAKE SOMETHING CONDITIONAL THERE THAT WOULD FORCE THE APPLICANT TO HAVE TO DISCUSS IT WITH THE NEIGHBORHOOD OR SOMETHING LIKE THAT. BUT I'M NOT UNDERSTANDING WHERE THAT COMES. [01:55:01] SO I'M GOING AGAINST, BECAUSE I DON'T SEE IT, BUT SOMEBODY CAN ANSWER AND CLARIFY. CAUSE I'M ONLY SEEING PERMITTED AND I DON'T SEE THE CONDITIONAL, OR IS THAT SOMETHING THAT GOT INSERTED IN THE MOTION? SO LET US, UM, COMMISSIONER COX'S SUBSTITUTE FIRST AND WE'LL VOTE ON IT. IF IT FAILS, THEN WE'LL GO BACK TO COMMISSIONER CHAISE AND WE CAN HAVE MORE DISCUSSION ABOUT IT AND CLARIFICATION. UM, I I'M SORRY. I DID NOT UNDERSTAND MR. RIVERA'S RESPONSE. DO WE HAVE, UH, COMMISSIONER JARS MOTION, UH, AMENDMENT IN FRONT OF US OR ARE WE DISCUSSING, I THINK IF WE'RE GOING TO CHANGE, IF THE DATE CHANGES, DATE CHANGES, WE NEED TO FIRST VOTE ON COMMISSIONER. COX'S SUBSTITUTE. CLOSE THAT OUT. YEAH. THANK YOU. OKAY. UM, DO I HAVE ANYBODY SPEAKING FOR THIS VERSION? I HAVE A QUESTION FOR STAFF THAT IS IN RELATION TO THE MOTION. SO, UM, IF, I MEAN, IS THAT ENOUGH TIME? SO WE'RE SAYING JUNE 22ND AND, UM, IN ORDER FOR THEM TO REFILE AND COME BACK TO PUT A VN, THEN THAT'S A WHOLE NOTHER RE NOTIFICATION PROCESS. UM, IT JUST NO COSTS, EVERYTHING LIKE THAT IS THAT ENOUGH TIME TO GO THROUGH, UM, THIS WHOLE PROCESS TO GET A WHOLE NOTHER, JUST TO CHANGE IT TO THE V ASK TONY. YEAH. HEATHER CHAFFIN, UH, HOUSING AND PLANNING. IF IT WAS POSTPONED TO MAY 25TH, WE CANNOT, THE APPLICANT COULD NOT CHANGE THEIR REQUEST TO ADD THE VI, UM, BECAUSE OF OUR NOTIFICATION REQUIREMENTS, IF IT WAS POSTPONED TO JUNE 8TH OR JUNE 22ND OR A LATER DATE, YES. WE WOULD HAVE TIME TO RE NOTIFY IT ON THE ASSUMPTION THAT THE APPLICANT GETS THEIR DECISION TO US QUICKLY AND PAYS THEIR FEES QUICKLY SO THAT WE CAN MEET THOSE UPCOMING DEADLINES. OKAY. ALL RIGHT. THANKS. OKAY. UM, COMMISSIONER SPEAKING FOR THE SUBSTITUTE MOTION, UH, OH, COMMISSIONER PRACTICE. UM, YES, I WOULD DEFINITELY SUPPORT, UM, POSTPONEMENT MOSTLY BECAUSE OF THE CONCERNS COMMUNITY MEMBERS BROUGHT UP, AND THIS GIVES THEM AN OPPORTUNITY TO HASH THAT OUT AND MAYBE COME TO A BETTER RESOLUTION WITHIN THE NEXT MONTH. UM, I, HOWEVER, DO YOU WANT TO ADD THAT I WOULD NOT SUPPORT, UM, VMU IF THAT'S SOMETHING THAT THE CONTACT TEAM DOES NOT SUPPORT. SO IF WE'RE KIND OF PUTTING THAT OUT THERE, WHAT WOULD THE INTENTION BE BEHIND THE POSTPONEMENT AND THE CONSEQUENCES? I JUST WANT TO LET FOLKS KNOW THAT'S WHERE I'M AT. OKAY. OUR LAST SPOT SPEAKING AGAINST OR NEUTRAL, MR. HOWARD, I'M SPEAKING AGAINST THE 22ND, I GUESS. I MEAN, IT SOUNDS LIKE THE EIGHTH WOULD BE DOABLE AND IT APPEARS THAT THE NEIGHBORHOOD AND THE APPLICANT HAS BEEN HAVING BEEN TALKING FOR SOME TIME. SO I FEEL LIKE WHATEVER THERE IS IN THEIR MIND IN TERMS OF THE RESOLUTION IS PROBABLY EMINENT. AND SO IT SEEMS AS IF, IF WE CAN MOVE FORWARD SOONER, I WOULD BE INCLINED TO DO SO. CERTAINLY IF THE NOTIFICATION CAN BE MAD AND THE OTHER THINGS. SO I FEEL LIKE THE EIGHTH WOULD BE PLENTY OF, BUT I KNOW WE'RE NOT DISCUSSING THE EIGHTH AS A DATE, BUT THAT'S WHY I WOULD OFFER. I MEAN, I WOULD SAY, OKAY, WE REALLY NEED TO VOTE ON IT'S JUST THE PROCEDURE, PROCEDURE QUESTIONS. SO, SO COMMISSIONERS ARE COULDN'T SUBSTITUTE EMOTION, BUT, UM, EARING STAFF'S RESPONSE ABOUT NOTIFICATION. WOULD I BE ABLE TO MODIFY MY MOTION TO JUNE EIGHT? HOW ABOUT THIS? HOW ABOUT WE VOTE? I MEAN, YOU WANT TO MODIFY YOUR MOTION TO THE EIGHTH? WELL, WHAT I'M HEARING FROM STAFF IS THAT, IS THAT THE STUFF THAT NEEDS TO HAPPEN COULD BE ACCOMPLISHED BY JUNE 8TH. I JUST WANTED TO GIVE ENOUGH TIME. THAT'S WHY I CHOSE THE 22ND. UM, BUT IF MORE PEOPLE ARE COMFORTABLE WITH DNA THAT IT COULD HAPPEN, THEN I'M OKAY WITH JUNE 8TH. BUT THERE'S A MOTION ALREADY ON THE TABLE. THE MOTION'S ON THE TABLE. YEAH. I THINK TO KEEP THIS CLEAN LET'S, LET'S VOTE ON IT. SEE WHERE IT GOES. AND THEN, UM, OKAY, SO THE MOTION IS TO POSTPONE THIS ITEM UNTIL JUNE 22ND. UM, BY COMMISSIONER [02:00:01] COX, SECOND BY COMMISSIONER THOMPSON, ALL THOSE IN FAVOR. UM, THOSE AGAINST ONE, TWO, THREE, WAIT ONE, TWO, THREE, FOUR, FIVE, SIX. DID I? OKAY. AND THOSE ABSTAINING, I SEE ONE DID IT. WHO DID I MISS? I'M SORRY, WHO WAS FOUR? ONE, TWO, THREE AND FOUR. OKAY. AND THOSE AGAINST ONE, TWO, THREE, FOUR, FIVE, SIX. AM I MISSING SOMEBODY? OKAY. I DIDN'T SEE COMMISSIONER FLORES. IT WAS HIDDEN BY A, UM, SOMETHING ON THE WEBEX. OKAY. OR SEVEN ONE, THE CO THE SUBSTITUTE MOTION FAILS. SO WE GO BACK TO THE ORIGINAL MOTION UNLESS SOMEBODY WOULD LIKE TO OFFER A SUBSTITUTE YES. COMMISSIONERS. OUR CHILD WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO POSTPONE. DID YOU NEED, AT THIS TIME SECONDED BY COMMISSIONER COX, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? I THINK PRETTY MUCH. I'M NOT GOING TO BELABOR THIS POINT, BUT THE IDEA REALLY IS THAT I THINK WE'VE HEARD FROM STAFF THAT IF THERE WAS A NEED TO COME BACK WITH A V OR SOME OTHER ASPECT, YOU EAT GOOD WORK, IT WILL ALSO ALLOW THE WORK THAT NEEDS TO HAPPEN AT NEIGHBORHOOD LEVEL TO CONSIDER THIS. AND I GUESS WITH A CLEAR UNDERSTANDING THAT IF THERE IS INDEED IN NEED, WE CAN ALWAYS POSTPONE IT AT A LATER TIME AS WELL. SO I AM AT THIS POINT MAKING THE MOTION THINGS POSTPONE TO JUNE. ALL RIGHT, COMMISSIONER, YOU'RE SPEAKING AGAINST THE MOTION COMMISSIONER SPEAKING FOR MR. SHEA. SO, UM, I WANTED TO, UH, MENTION AS FAR AS FOR WHAT THE POSSIBILITIES ARE. SO I, I WELCOME THIS. I THINK THIS IS, UH, WHAT WE NEEDED. SO EVERYBODY KIND OF KNOWS WHAT'S ON THE TABLE. WHAT POTENTIAL COULD BE DONE TO MANIPULATE THE DIFFERENT CODE AND THE DIFFERENT TOOLS IN ORDER TO GET TO THE RESULT THAT EVERYBODY WANTS. UM, I KNOW THAT THERE WAS A LITTLE BIT OF QUESTION OF WHAT A CONDITION USE PERMIT DOES, BUT THAT CONDITIONAL USE PERMIT COULD BE A TOOL FOR THE NEIGHBORHOOD, AS WELL AS THE APPLICANT, TO BE ABLE TO CONTINUE TO CRAFT AND DISCUSS AS THE SITE PLAN EVOLVES. BECAUSE RIGHT NOW WE DON'T EVEN KNOW WHAT THE BUILDING LOOKS LIKE. WE DON'T EVEN KNOW WHERE IT FACES OR ANYTHING, TRYING TO FIGURE THAT STUFF IS DIFFICULT, BUT HAVING A CONDITIONAL USE, MAKING A CONDITIONAL USE MEANS THAT YOU DON'T GET TO DO IT JUST BECAUSE YOU CAN DO IT. YOU HAVE TO HAVE A SITE PLAN THAT HAS TO BE APPROVED BY THE PLANNING COMMISSION. AND SO THAT CONDITIONAL USE PERMIT MAKES THAT MAKES THAT USE TO HAVE TO COME BACK AND TALKED ABOUT AN ALL THOSE LINES, EVERYTHING IN THERE THAT WE'VE BEEN TALKING ABOUT, HOURS OF OPERATIONS, EVEN LIGHTING, ANYTHING LIKE THAT MUSIC, IT COULD BE, UM, THE DECIBEL RATES OR WHATEVER, ALL THAT STUFF COULD BE OUTLINED IN THIS THING. AND IT DOESN'T HAVE TO BE FIGURED OUT RIGHT NOW. SO, UM, I SUPPORT THIS. I HOPE YOU GUYS CAN THINK ABOUT THE DIFFERENT TOOLS AND COME BACK, UH, YOU KNOW, AND HOPEFULLY MAYBE BE ABLE TO COME ON CONSENT. ALRIGHT. UH, COMMISSIONER COX AGAINST OR NEUTRAL OF SIGN OUT. IT'S GOING TO SPEAK FOR. OKAY. OKAY. DO YOU HAVE ANYBODY AGAINST OR NEUTRAL MICHIGAN IS POLINA SPEAK BRIEFLY NEUTRALLY, UH, I'M INCLINED TO SUPPORT THE POST-MOMENT FOR ALL THE REASONS THAT HAVE BEEN STATED AND JUST WANT TO, UM, RAISE A FLAG ABOUT, UH, ALSO ABOUT VMU, WHICH DEPENDING ON THE RESTRICTIONS AND EVERYTHING THAT'S, UM, NEGOTIATED COULD COME BACK TO US AS SOMETHING THAT IS A WIN-WIN, BUT ALSO JUST FROM, AT A GLANCE TO ME, LOOKS LIKE IT BORDERS ON POTENTIALLY SPOT ZONING. AND THERE ARE A LOT OF OTHER WAYS TO INCREASE THE DENSITY IN THIS AREA WITHOUT, UM, ACTUALLY EVEN WITHIN SINGLE FAMILY ZONING, A DIFFERENT, TOTALLY DIFFERENT TOPIC, BUT, UM, FOR THAT REASON, AND JUST HOPING THAT THERE WILL BE OTHER GOOD NEGOTIABLE OPTIONS CONSIDERED, UM, UM, NEUTRALLY FOR THIS POSTPONEMENT. MR. COX. YEAH. I JUST WANTED TO SPEAK REALLY QUICK TO ADDRESS THE COMMISSIONER COLLINS QUESTIONS, ABSTRACT QUESTIONS. CAUSE I DO THINK THEY'RE VALID QUESTIONS. UM, UH, THE REASON I SUPPORT A POSTPONEMENT HERE IS BECAUSE NOT NECESSARILY, BECAUSE WE BELIEVE THAT THERE'S GOING TO BE A HUNDRED PERCENT AGREEMENT BETWEEN THE NEIGHBORS, THE NEIGHBORHOOD AND THE DEVELOPER. I THINK IT'S UNLIKELY THAT THAT'S GOING TO HAPPEN, BUT WE'VE HEARD A LOT OF PROMISES BEING MADE BY THE DEVELOPER. AND I REALLY DON'T LIKE VOTING ON ZONING CASES BASED ON PROMISES. AND SO BY GIVING THEM AN OPPORTUNITY TO ACTUALLY OUTLINE SOME OF THE PROMISES AND A LEGAL DOCUMENT [02:05:01] THAT CAN BE ENFORCED SOME WAY, UM, THAT I THINK THAT WOULD MAKE NOT ONLY ME, BUT MAYBE OTHER COMMISSIONERS, MORE COMFORTABLE WITH ACTUALLY MAKING A HARD DECISION ON THIS CASE. AND, AND I'D ALSO POINT OUT THAT THE NEIGHBORHOOD DID HAVE AN OPPORTUNITY TO REQUEST A POSTPONEMENT AND THEY DIDN'T. SO, SO I THINK CREDIT SHOULD BE GIVEN TO THEM ON NOT, UH, YOU KNOW, FALLING INTO THE TRAP THAT COMMISSIONER CALLING MENTIONED THAT PEOPLE JUST WANT TO DELAY, DELAY, DELAY, DELAY. UM, THEY, THEY WORKED EARNESTLY WITH THE DEVELOPER. THE DEVELOPER WORKED EARNESTLY WITH THEM, AND NOW WE JUST NEED TO SEE A LOT OF THOSE PROMISES ACTUALLY COME TO FRUITION OR AT LEAST OUTLINED MORE THAN JUST VERBAL STATEMENTS. SO THAT'S WHY I SUPPORT, UM, OKAY. UM, LAST SPOT AGAINST YOUR NEUTRAL ALRIGHT. TIME TO VOTE. SO THE MOTION IS TO POSTPONE UNTIL JUNE 8TH BY COMMISSIONERS ARE SECONDED BY COMMISSIONER COX. ALL THOSE IN FAVOR. ALL RIGHT. THAT WAS UNANIMOUS. ALL RIGHT. WE GOT THROUGH THAT ONE. UM, YES, SIR. I DON'T KNOW WHO WAS TALKING ABOUT HELLO? OH, THIS IS MIKE. I WAS JUST SAYING, THANK YOU. SORRY TO INTERRUPT YOU. ALL RIGHT. THANK YOU. MY GUY, WE'RE MOVING ON TO, [B13. Rezoning: C814-2020-0132 - Central Health PUD; District 1] UH, B 13. THIS IS THE CENTRAL HEALTH SIDE. DO WE HAVE MR. JERRY RESTHAVEN ON THE LINE? IT'S LOCAL MEASURES. I'M JERRY REST OF HIM WITH THE HOUSING PAIN DEPARTMENT. UM, THIS CASE IS NUMBER C EIGHT 14 2020 ZERO ONE 32. THERE WAS WESTERN ZONING IS FOR THE PUBLIC TO PUT PLANNING TO DEVELOPMENT ZONING THE PROPERTY. IT LOOKS AT SIX OH ONE EAST 15TH STREET. IT'S ABOUT A 14 ACRE TRACT. IT IS OWNED BY THE TRAVIS COUNTY CENTRAL HEALTH DISTRICT ALSO KNOWN AS CENTRAL HEALTH. UM, IT DID GO TO THE ENVIRONMENTAL BOARD LAST WEEK AND DID, UH, RECEIVED THEIR RECOMMENDATION, HOW THEY RECOMMENDED THAT THE APPLICANT LOOK INTO THE POSSIBILITY OF GOING TO A THREE-STAR GREEN BUILDER PROGRAM AND TO INTEGRATING FUNCTIONAL GREEN PRINCIPLES, WHEREVER POSSIBLE, A LITTLE BIT OF BACKGROUND ON THE CASE. SO THE PLANNING COMMISSION HAS SEEN THIS CASE ONCE BEFORE, BACK IN DECEMBER, 2019, THAT REQUIRES A LITTLE BIT OF AN EXPLANATION FROM SEVERAL YEARS AGO, THE CITY COUNCIL PASSED A RESOLUTION DIRECTING THE STAFF TO WORK WITH THE CENTRAL HEALTH ON THE REDEVELOPMENT OF THE BRECKINRIDGE HOSPITAL CAMPUS, WHICH I BELIEVE LAST WEEK I SAW THE NEWS. THE LAST VERTICAL PORTION OF THE HOSPITAL WAS ESPECIALLY, UM, TORN DOWN. UM, SO THE, UH, THE CITY AND DIRECTING US TO AS TO, TO INITIATE A CODE AMENDMENT TO ESTABLISH LAND USES, UH, TO, UH, HELP WITH THE CREATION OF INNOVATION DISTRICT, WHICH WOULD STRETCH FROM THE UT CAMPUS THROUGH THE DELL SETON MEDICAL CENTER T AND ONTO THE CENTRAL HEALTH PROPERTY, UM, AND TO ESTABLISH LAND USES TO CONSIDER A HIGH DENSITY, INCLUDING, UM, UM, NEXT TO HIM FAR AS A MAXIMUM, UM, BUILDING HEIGHTS TO WORK WITH ANY ARE LOCAL AGREEMENTS NECESSARY BETWEEN THE TWO GOVERNMENTAL AGENCIES THAT BEING THE STATE, I'M SORRY, THE CITY OF AUSTIN AND THE, AND CENTRAL HEALTH AND TO WORK ON ESTABLISHING INSTEAD OF WENDY'S, UM, LAND USE IS PERMITTED ON THE PROPERTY. UH, WE WORKED ON THAT CODE AMENDMENT. THERE WAS A LOT OF, UM, UM, PAUSES, NEXT CODE AMENDMENT FOR IS FOR A VARIETY OF DIFFERENT REASONS, BUT WE ULTIMATELY BROUGHT IT FORWARD TO THE PLANNING COMMISSION IN DECEMBER OF 2019 WITH THE PROPOSED, UM, CENTRAL HEALTH OVERLAY, UH, DISTRICTS THAT WOULD, UM, LAY ON TOP OF THE EXISTING ZONING. UM, EVENTUALLY WE TOOK THAT CASE TO THE CITY COUNCIL AND THE CITY COUNCIL, UH, CHOSE THAT INSTEAD OF DOING AN OVERLAY THROUGH A CODE AMENDMENT FEE FOR A VARIETY OF REASONS, THEY CHOSE TO PASS A RESOLUTION IN NOVEMBER OF, UM, I'M SORRY, NO, IN SEPTEMBER OF LAST YEAR TO INITIATE A PLANNED UNIT DEVELOPMENT INSTEAD OF DOING, UM, THE OVERLAY. SO THE CASES BEFORE YOU TODAY, THE PUT THIS BEFORE YOU TODAY IS AN EXACT RECREATION OF THE, UM, OVERLAY THAT ALREADY WAS RECOMMENDED BY THE PLANNING COMMISSION. THE DIFFERENCES WERE TREATING IT AS A ZONING CASE INSTEAD OF AS A, UM, UH, A CODE AMENDMENT, UH, ROUGHLY SPEAKING THE DEVELOPMENT STANDARDS WOULD BE THE SAME AS CBD ZONING. A COUPLE OF EXCEPTIONS. ONE WOULD BE THAT, UM, THE FAR IS THAT'D BE LIMITED TO EIGHT TO ONE, UH, WOULD NOT BE LIMITED TO THAT. TWENTY-FIVE TO ONE, UM, IN NORMAL DOWNTOWN ZONING, YEAH. ELIGIBLE FOR THE DENSITY BONUS PROGRAM, YOU CAN DO IT ABOVE 81. IN THIS CASE, THE DENSITY BONUS PROGRAM WOULD NOT KICK IN UNTIL WE'RE TALKING ABOUT ABOVE 25 TO ONE RESIDENTIAL USES, WE RENTED ALL THE COMMERCIAL USES AND CBD WOULD BE, UM, PERMITTED TO USES, WOULD BE ADDED. ONE WOULD BE INDOOR AUTOMOTIVE SALES INDOOR ONLY FOR THINGS LIKE THAT. TESLA [02:10:01] SHOWROOM AND AUTOMOTIVE RENTALS, JUST BECAUSE, UM, UM, IT'S DOWNTOWN, UH, USE THIS PRE PROHIBITED ADULT-ORIENTED BUSINESS BAIL BOND SERVICES, PAWN SHOPS, AND CARRIAGE AND STABLE, UH, ABOUT NINE USES WOULD BE MADE. UM, CONDITIONAL, UM, THE STAFF DOES SUPPORT THE, UM, THE PROPOSED PUD, UH, THE REASON BEING AND A VERY HIGH LEVEL. UM, TWO REASONS, ONE, UM, WELL, ONE FRANKLY, BECAUSE OF THE CITY COUNCIL DIRECTION TWICE NOW, UM, SECONDLY, TO, UM, ALLOW CENTRAL HEALTH TO, TO DERIVE LONGTERM INCOME FROM A LONG-TERM LEASE OF THE PROPERTY, THIS WOULD HELP CENTRAL HEALTH WITH THEIR, UM, MISSION RELATING TO HEALTH CARE. AND THEN FINALLY, BECAUSE CENTRAL HEALTH AND THE CITY OF AUSTIN HAVE BEEN WORKING IN THEY'LL HAVE AN AGREEMENT ON, UM, REALIGNING RED RIVER, IF YOU RECALL, RED RIVER WAS, UM, CUT IN HALF BY THE, UM, DELL SETON CAMPUS NOW HAS A DOGLEG AND A LOT OF PEOPLE INCLUDING CAP METRO WOULD LIKE TO SEE THE ROAD BE CONTINUOUS AGAIN. AND SO WE'VE WORKED WITH CENTRAL HEALTH TO, UM, IN A LOCAL AGREEMENT TO FACILITATE THE, UM, BRING IT BACK TO A CONTINUOUS RED RIVER STREET. SO WITH THAT, I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU. UM, DO WE HAVE THE APPLICANT, A NICKEL MEAD, KAREN COMMISSIONERS, MICHELA MEAD WITH HUSH BLACKWELL. I'M REALLY HERE TO JUST ANSWER QUESTIONS. I'M NOT GOING TO BORE YOU WITH A LONG PRESENTATION TONIGHT. WE, I DO WANT TO SAY THAT THIS HAS BEEN A LONG TIME COMING, BUT I WANT TO JUST REITERATE THAT THE COMMISSION HAS ACTUALLY ALREADY SEEN THIS REQUEST. UM, THE REASON WE ARE ASKING FOR A PUD IS BECAUSE THERE IS NO OTHER TOOL TO ACCOMPLISH THE SAME THINGS THAT WE WERE TRYING TO ACCOMPLISH IN THE OVERLAY THAT CAME BEFORE THE PLANNING COMMISSION, AND I BELIEVE HAD AN UNANIMOUS APPROVAL IN 20 DECEMBER OF 2019. SO I JUST WANT IT TO MAKE THAT CLEAR THAT THIS IS NOT ANYTHING NEW. WE'VE NOT ADDED ANYTHING TO THE REQUEST. THIS WAS REALLY ABOUT ADDRESSING THE MECHANISM. UM, THERE WAS, UH, UH, A CITIZEN WHO THOUGHT THIS MADE MORE SENSE AS A ZONING CASE. I THINK THE COUNCIL HEARD THAT AND, UH, THAT IS THE REASON WHERE WE'RE BACK HERE TODAY. SO, UH, THIS PROPERTY IS PRETTY CRITICAL TO CENTRAL HEALTH, UM, AND IT'S FUTURE INCOME TO BE ABLE TO, UH, PERFORM ITS MISSION AS MR SAID. AND SO WE WOULD REALLY APPRECIATE THE COMMISSION SUPPORT OF THE REQUEST THAT WE CAN FINALLY MOVE IT FORWARD TO CITY COUNCIL. ALL RIGHT. THANK YOU. UM, WE DON'T HAVE ANY OTHER SPEAKERS SIGNED UP, SO CAN I GET A MOTION TO CLOSE PUBLIC HEARING, WHICH ARE SIGNERS SECOND BY COMMISSIONER, SAY ALL THOSE IN FAVOR, RIGHT. AND SEEING UNANIMOUS 12. UM, ANY QUESTIONS, UH, COMMISSIONER THOMPSON? YEAH. SO, SO I, I PULLED THIS, UM, SORRY, I, I HAD HAD SOME QUESTIONS AND I SHOULD HAVE SENT THOSE THROUGH ANDREW, UM, TO JUST, AND THEY WERE BASICALLY ABOUT IT. IT SEEMS LIKE SOME OF THE PEDESTRIAN REQUIREMENTS FOR EITHER IN THE WATERFRONT OVERLAY OR FOR GREAT STREETS IN THE AREA OR FOR, YOU KNOW, A PUTT TO EXCEED PEDESTRIAN REQUIREMENTS AND LANDSCAPING REQUIREMENTS HAVE BEEN REMOVED. AND I GUESS I JUST DIDN'T UNDERSTAND THE THOUGHT BEHIND WHY, YOU KNOW, PEDESTRIAN USES ON THE FIRST FLOOR IN THIS INNOVATION DISTRICT, THAT'S MEANT TO BE A VITAL DOWNTOWN DISTRICT, WHY THOSE THINGS WOULD BE REMOVED. AND SO STAFF COULD JUST SORT OF TALK THROUGH WHAT THE THINKING BEHIND THAT WAS SURE. OR THE, OR THE GREAT STREETS OR SOME OF THE OTHER SORT OF PEDESTRIAN ORIENTED QUESTIONS. SURE. THE, UM, THE, THE, A LOT OF THE WAIVERS THAT YOU SEE LISTED IN THE STAFF REPORT WHERE THINGS THAT ARE WHAT WE CALL, UM, ENTRY LEVEL REQUIREMENTS FOR, FOR PLANNING AND DEVELOPMENT. UM, SO A LOT OF THESE THINGS ENVISION A, UM, YOU KNOW, A NEW POD COMING IN, IF YOU WILL, THIS POD WAS INITIATED BY THE CITY COUNCIL. AND, UM, WE UNDERSTOOD THE DIRECTION TO BE, TO REPLICATE THE OVERLAY DISTRICT IN THE FORM OF ZONING. AND SO THESE CONDITIONS, WHICH WOULD NORMALLY BE ASSOCIATED WOULD BE REQUIRED OF A POD. UM, WE DID NOT INCLUDE THOSE BECAUSE, UM, THE COUNCIL SAID, BASICALLY TAKE THIS OVERLAY AND MAKE IT IN A POD. AND SO WE DID NOT REQUIRE ALL THESE THINGS TO THAT. UM, A POD WOULD NORMALLY REQUIRE FOR WHAT WE CALL THE TIER ONE REQUIREMENTS, [02:15:01] UM, WITH REGARD TO THE, UM, I FULLY ANTICIPATE THAT THEY WOULD BE DOING PEDESTRIAN AND USES FOR MUCH OF THE PROPERTY. I MEAN, JUST MAKES ECONOMIC SENSE DOWNTOWN. UM, AND THEN WITH REGARD TO THE GREAT STREETS REQUIREMENT, UH, WE DO HAVE AN AGREEMENT WITH THEM, AND IT'S A PART OF THE INTER-LOCAL AGREEMENT ON RED RIVER TO SUBSTANTIALLY COMPLY WITH THE GREAT STREETS. IT'S NOT 100% COMPLIANCE BECAUSE THERE WERE RIGHT AWAY ISSUES WITH REGARD TO, YOU KNOW, HOW MUCH PROPERTY, UM, BOTH THE CITY AND FRANKLY, AND, UH, CENTRAL HEALTH WERE GOING TO GIVE UP IN ORDER TO, UM, SHIFT RED RIVER OVER TO, UM, TO, UM, WHERE WOULD THE ONUS OF THE REALIGNMENT. SO THEY WILL BE DOING GREAT STREETS, JUST NOT 100%, SO WE COULD INCLUDE THAT. AND THE OTHER THINGS, UM, I THINK THAT THEY WILL BE DOING, BUT THE APPLICANT COULD MAYBE ADDRESS THAT A LITTLE BIT BETTER. SURE. UM, I THINK THAT MR IS EXACTLY RIGHT. THE, THE IDEA COMMISSIONER WAS THAT WE WERE REPLICATING THE OVERLAY. WE WERE NOT, IT WAS NOT CENTRAL HEALTH IN THE SITUATION THAT YOU TYPICALLY SEE WITH A PUD WHERE WE WERE COMING FORWARD ASKING FOR, UH, A PUD AND NEEDING TO SHOW SUPERIORITY. WE WERE SORT OF FORCED INTO A PUD. AND SO I THINK THE COUNCIL'S DIRECTION WAS TO EQUALIZE THEM AND MAKE THIS PUD HAVE THE SAME REQUIREMENTS IN IT THAT THE OVERLAY WOULD HAVE. NOW, OF COURSE, YOU, YOU KNOW, THERE ARE CERTAIN REQUIREMENTS WE'RE FOR CVD SITE DEVELOPMENT REGULATIONS, AND THERE ARE CERTAIN REQUIREMENTS WITH REGARD TO HOW YOU DESIGN GROUND FOR AND THINGS LIKE THAT. BUT THE ISSUE AND THE KIND OF THE ODD THING ABOUT THIS REQUEST IS THAT WE DON'T HAVE ANY IDEA YET HOW THE DEVELOPMENT WILL LAY OUT ON THE SITE. AND BECAUSE THE WHOLE IDEA BEHIND REDEVELOPING THIS TRACT IS TO BE ABLE TO MAXIMIZE DENSITY, TO BE ABLE TO MAXIMIZE REVENUE THAT CENTRAL HEALTH WILL GENERATE. I THINK THE COUNCIL'S DIRECTION WAS REALLY GEARED AROUND NOT ADDING EXTRA REQUIREMENTS TO THE SITE THAT YOU WOULD NOT HAVE FOUND IN CBD ZONING. SO I THINK THAT IS, AND I THINK THAT MR IS RIGHT. IT'S NOT TO SAY WE WON'T DO PEDESTRIAN ORIENTED USES, OR WE ASK FOR THAT TO COME OUT, BUT WE ARE ASKING TO BE TREATED JUST LIKE ANY OTHER SITE THAT WOULD BE CBD, NOT ANY OTHER SITE THAT WOULD BE PUD, BUT LET ME ALSO SPEAK REALLY BRIEFLY TO, OH, GO AHEAD. IT, IT, IT SEEMS LIKE SOME OF THE THINGS THAT YOU'RE ASKING FOR IS LIKE, DON'T COMPLY WITH THE WATERFRONT OVERLAY OVERLAY, YOU KNOW, OR DON'T COMPLY WITH SUBCHAPTER E DESIGN STANDARDS. I MEAN, THAT SEEMS LIKE NOT ASKING FOR WHAT A CBD W WOULD BE REQUIRED, BUT LESS THAN WHAT CBD IS REQUIRED OR AT LEAST A CBD IN THE WATERFRONT. YEAH. FIRST OF ALL, WE'RE NOT IN WATERFRONT OVERLAY. SO I JUST WANT TO MAKE THAT CLEAR THAT REFERENCE IN THE BACKUP IS BECAUSE THAT'S WHERE YOU GET THE DEFINITION OF WHAT PEDESTRIAN ORIENTED. USUALLY YOU'RE NOT, YOU'RE NOT WITHIN THE WALNUT CREEK, CAUSE IT ISN'T WITHIN WALNUT CREEK PART OF THE WATERFRONT OVERLAY. NO, THERE'S A WALNUT CREEK DISTRICT OF THE WATERFRONT OVERLAY, BUT WE'RE LIKE 15 BLOCKS AWAY FROM IT. SO WE'RE VERY, VERY FAR AWAY. WE'RE NOT WITHIN THE WATERFRONT OVERLAY. AND I KNOW THAT REFERENCE IN THE STAFF BACKUP WAS A LITTLE BIT CONFUSING. UM, BUT ALSO WE ARE ACTUALLY, NO, IT ISN'T, WE ARE NOT ASKING TO BE TREATED DIFFERENTLY FROM CBD CBD WOULD NOT HAVE THESE REQUIREMENTS OTHER THAN THE 25 TO ONE FAR. SO THAT, THAT IS THAT THESE ARE REQUIREMENTS THAT WOULD NORMALLY BE LAYERED ON COMMISSIONER TO A PUD, NOT TO CBD SOUNDING. UM, IS THERE ANOTHER COMMISSIONER WITH QUESTION, WHICH YOU'RE SAYING, SO I'M GOING TO CONTINUE ON THE, YOU KNOW, ON THE LINE. CAUSE I MEAN, I HAD THE SAME CONCERN. UM, SO I MEAN, WHEN, WHEN I WAS IN DESIGN COMMISSION, WE, WE WERE GOING THROUGH SO MANY D CVD PROJECTS COMING THROUGH AND WE LOOK FOR ACTIVATED STREET FRONT. WE LOOK FOR PEDESTRIAN USES. I MEAN, THERE'S SO MANY THINGS THAT WE LOOK FOR ON THAT, BUT NOW YOU'RE SAYING THAT, OKAY, WELL IT'S LIKE CBD, BUT W BUT IT'S NOT, BUT IT'S, BUT AS A PUD, YOU CAN DO WHATEVER YOU WANT. BASED UPON WHAT'S IN THERE JUST BY SAYING, WE'RE GOING TO DO THE CBD, BUT IT'S NOT WRITTEN IN THERE THEN YOU'RE NOT DOING RIGHT, BECAUSE A POD REWRITES THE WHOLE THING BASED ON THOSE REGULATIONS, UNLESS YOU'RE GOING TO SAY WE'RE GOING TO COMPLY WITH CBD. SO WHERE IS IT IN THERE? THAT'S GOING TO, UM, COMMIT TO US THAT FOR INSTANCE, A GREAT STREETS AT THE PEDESTRIAN ORIENTED BUSINESSES, YOU KNOW, UM, ACTIVATED STREET FRONT, ALL THAT STUFF IS THERE. CAUSE I MEAN, I'VE SEEN PROJECTS DOWNTOWN THAT, I MEAN THE PEDESTRIANS, I MEAN, WHEN IT'S A HUNDRED, 110 DEGREES OUTSIDE, YOU'RE WALKING AGAINST THE BIG BLANK CONCRETE WALL. I MEAN, IT DOESN'T, IT DOESN'T MAKE IT PLEASANT, YOU KNOW? SO WHERE IS IT THAT IT'S COMMITTED [02:20:01] TO THAT? I MEAN, CAN YOU POINT THAT OUT? IS THAT A QUESTION FOR ME OR FOR MR. STEVEN? OKAY. IT'S FOR EITHER ONE, BECAUSE AT THIS POINT UNDERSTAND, UM, IT'S MADE THAT YOU'RE JUST FOLLOWING WHAT, WHAT WAS GIVEN TO YOU. SO I, I, I DON'T KNOW WHO, BECAUSE YOU, YOU, YOU KNOW, YOU, YOU JUST KIND OF COPIED WHAT YOU WERE ASKED TO DO. SO MAYBE MR. RUSS DOGAN CAN, CAN KIND OF EXPLORE THAT IT, SO COMMISSIONER, THESE TIER ONE REQUIREMENTS WERE PUT IN THERE TO SAY, YOU KNOW HOW HE PUT, AS YOU REFERENCED EARLIER, A PUD CAN BE USED TO MODIFY REQUIREMENTS, UM, CODE REQUIREMENTS. SO ALSO THE PUZZLE HAS TIER ONE REQUIREMENTS WHERE IT SAYS BASICALLY TO BE A PUD, YOU NEED TO COMPLY WITH THESE CERTAIN THINGS. AND SO WHAT IT'S SAYING IS THAT WE DON'T WANT YOU TO MODIFY THESE REQUIREMENTS, RIGHT? WE WANT YOU TO COMPLY WITH THEM. SO IF YOU'RE COMING WITH A POD TO USE SUB CHAPTER, HE, AS AN EXAMPLE, WE DON'T WATCH IT, MODIFY IT, USING THE POD TO MODIFY IT SUCH THAT YOU GET RID OF SUB CHAPTER EIGHT. SO IN ORDER TO BE A PUD, YOU GOT TO COMPLY WITH TIER ONE AND TIER ONE SAYS, YOU MUST COMPLY WITH SUB CHAPTER READ. SO THEY WERE, THEY ARE ASKING TO REMOVE THOSE TIER ONE PUD REQUIREMENTS. AGAIN, GETTING BACK TO THE POINT THAT, UM, NORMALLY THAT WOULD NOT BE SOMETHING THAT THEY JUST SAID CBD ZONING THAT WOULD, WOULD, NOW THERE WOULD BE TAKEN MORE GIVEN AWAY FROM THEM. WHAT THEY'RE ASKING RIGHT NOW IS TO SAY, THIS SAYS THAT WE MUST COMPLY WITH THAT, UM, TO BE A POD. AND WE DON'T WANT TO BE HELD TO THAT TO BE A POD. IF THE COMMISSION WANTS TO RECOMMEND, YOU KNOW, THAT, THAT, UM, CERTAIN OF THESE ELEMENTS, YOU KNOW, REMAIN THE REQUIREMENT OF THIS BUTTER, THAT THOSE WAIVERS ARE STRICKEN. YOU KNOW, YOU MAY CERTAINLY DO THAT. UM, AND WE WOULD FORWARD THAT ONTO THE CITY COUNCIL. AGAIN, GETTING BACK TO THE ORIGINAL POINT, IT WAS TO TRY TO REPLICATE THE OVERLAY, WHICH WAS MEANT TO REPLICATE THE CBD ZONING PLUS SOME THINGS. AND SO HOLDING THEM TO ALL THE TIER ONE REQUIREMENTS DID NOT SEEM TO MEET THAT INTENT FOR THE APPLICANT. WE ARE ACTUALLY REQUIRED. A STAFF CAN CONFIRM, BUT ORDINANCE WILL REFLECT THAT WE WILL BE COMPLYING WITH REGULATIONS. SO THAT WILL BE AND PROVISION OF THE ORDINANCE. OKAY. AND A LOT OF THOSE PROVISIONS, I MEAN, HERE'S THE, YOU KNOW, THE PLUG STUFF IS WRITTEN FOR WHAT, 10 ACRES OR MORE, I MEAN, THIS IS A UNIQUE SITE, YOU KNOW, THIS IS IT'S SO WE KNOW THINGS ARE GOING TO GET TO AGE, BUT, UM, MR. RUSS, EVAN, I DO APPRECIATE THAT. YOU DID MENTION THAT WE CAN, YOU KNOW, UH, YOU KNOW, PUT SOME OF THIS STUFF BACK IN THERE. AND I THINK, UM, MR. THOMPSON AND I HAVE SOME IDEAS ON WHICH ONES TO KIND OF, YOU KNOW, PUT BACK IN THERE, EVEN IF YOU'RE GOING TO COMPLY WITH IT ANYWAY, THEN WHY NOT JUST LEAVE IT IN THERE? THAT'S, THAT'S KIND OF WHERE I'M AT. SO, UM, THAT'S KIND OF BEEN ALL MY QUESTIONS. THANK YOU. UH, I'VE GOT A QUESTION FOR MR. ROSKILDE AND, UM, I'M REALLY EXCITED TO SEE THE OPPORTUNITY FOR RED RIVER TO CONNECT BACK UP. UM, AND I IMMEDIATELY, I HAVEN'T DUG THROUGH ALL OF THIS. SO IS, IS THAT A COMMITMENT THAT'S BEING MADE AS PART OF THE POD THAT THAT IS ABSOLUTELY GOING TO HAPPEN? OR IS THAT JUST A HOPE WITH NO, IT'S A, IT'S AN ABSOLUTE COMMITMENT. UM, IT WOULD, IT'S ONE OF THE THINGS THAT WE'RE CONSIDERING TOWARDS THE SUPERIORITY AND RECOMMENDING THE BUD. UM, AND IT'S ALSO A, UM, THE WHOLE REASON FOR BEING FOR A INTER LOCAL AGREEMENT, UM, BETWEEN THE CITY COUNCIL AND THE, UM, UM, CENTRAL HEALTH, THE CITY COUNCILS ALREADY, UM, APPROVED, UH, THE, THE OUTLINE OF THAT, UM, INTER LOCAL AGREEMENT. AND, UM, IT HAS NOT YET BEEN SIGNED BY BOTH PARTIES, BUT THAT PART OF THE DEAL WOULD BE THAT THAT WOULD BE WORKING OUT AT THE SAME TIME THAT THIS WAS GOING TO CITY COUNCIL. AND THEN JUST A FOLLOW-UP QUESTION TO THAT. UM, OH YES. THANK YOU. UM, JUST THE FOLLOWING QUESTION. SO THE RIGHT OF WAY THAT EXISTS NOW, THAT WOULD BE OUTSIDE OF THE, THE RIGHT-AWAY FOR THE REALIGN RED RIVER STREET. THAT'S I GUESS, COMMITTED BY THE CITY TO JUST EXPAND THAT, THAT PARKLAND AREA, ROUGHLY WHAT WE'RE, WHAT WE'RE LOOKING AT. AND THIS IS VERY GENERAL SPEAKING AND I HAVEN'T BEEN THE POINT PERSON ON THE, UH, UH, THE INNER LOCAL IT'S BEEN THE TRANSPORTATION DEPARTMENT, BUT ROUGHLY SPEAKING WHAT'S HAPPENING IS WHERE THE ROAD PARALLELS, UH, THE PARK RIGHT NOW, YOU KNOW, ALONG THE CREEK, UM, THE CITY WOULD GET, UM, SOME OF THAT PROPERTY BACK AND, UM, IT WOULDN'T NECESSARILY BE DEDICATED TO PARKLAND BECAUSE THAT WOULD, UM, ALLOW FOR A GREATER VARIETY OF THINGS TO BE PUT THERE [02:25:01] THAT YOU CAN'T PUT ON PARKLAND, LIKE SAY A FOOD TRUCK, FOR INSTANCE, UM, UH, JUMPING THROUGH A BUNCH OF HOOPS. SO IT WOULD, IT WOULD BE, YOU KNOW, AVAILABLE FOR PUBLIC USE AND WE'D WORK WITH THE WATER LAKE WATER. WE'D GREENWAY PEOPLE ON THAT. UM, AND THEN CENTRAL HEALTH HAS GIVING SOME RIGHT AWAY TO ACCOMMODATE THE, UH, THE NEW ALIGNMENT, UM, RIGHT ACROSS THE, UH, THE FRONT OF THE FORMER HOSPITAL. SO JUST SO I UNDERSTAND CORRECTLY, IT'S, IT'S KIND OF A RIGHT OF WAY EXCHANGE WHERE THEY'RE GIVING UP THEIR LAND FOR RIGHT AWAY. AND, AND, AND THEY'RE TAKING SOME OF THE EXISTING RED RIVER RIGHT AWAY AS AN EXCHANGE IN THE BIG PICTURE. YES. WELL, IF I COULD JUMP IN THOUGH, I WOULD JUST THINK IT'S IMPORTANT BECAUSE THIS IS REALLY AN AGREEMENT. THIS ISN'T A CAL MEET AGAIN ON BEHALF OF THE APPLICANT. THIS IS AN AGREEMENT WE'VE BEEN WORKING ON LITERALLY WITH ABOUT 20 DIFFERENT CITY DEPARTMENTS AT THE TABLE FOR A YEAR. IT IS NOT AN EXCHANGE. CENTRAL HEALTH IS GIVING THE CITY THE RIGHT OF WAY TO EXTEND RED RIVER, 80 FEET IN WIDTH FROM 15TH STREET TO 13TH STREET. 13TH STREET IS WHERE OUR PROPERTY ENDS. THIS CENTRAL HEALTH HAS ALSO EDITS COSTS AND EXPENSE CONSTRUCTING, DESIGNING, AND CONSTRUCTING THAT RIGHT OF WAY. AND IN FACT, YOU KNOW, THIS, THAT PART OF THE PROJECT IS ACTUALLY UNDERWAY. THEN CENTRAL HEALTH HAS ALSO BECAUSE WE ARE MOBILIZED OUT THERE. WE ARE ALSO DESIGNING AND CONSTRUCTING THE PORTION OF RED RIVER STREET FROM 13TH STREET TO 12TH STREET. SO THAT'S ADJACENT THAT CITY OWNED PROPERTY ADJACENT TO, UH, THE HEALTH SELF BUILDING, THAT HEALTH SOUTH PROPERTY THAT YOU GUYS MAY HAVE SEEN. THE CITY RECENTLY LED TO A DEVELOPER TO REDEVELOP AS HOUSING AND MIXED USE. SO WE WILL BE CONSTRUCT CENTRAL HEALTH. WE'LL BE CONSTRUCTING RED RIVER FROM 15TH ALL THE WAY DOWN TO 12TH, RATHER THAN REIMBURSE US BECAUSE THE CITY, I'M SORRY, GO AHEAD. NO, I WAS JUST, I WAS JUST GOING TO SAY, CAUSE MY TIME IS GOING TO RUN OUT AND I CAN SEE THAT ON THE AREA THAT, THAT YOU'RE ALREADY WORKING ON THIS AREA, BUT WHAT'S GOING TO HAPPEN TO THE EXISTING RED RIVER STREET. THAT'S NO LONGER NEEDED. IS IT GOING TO STAY KIND OF LIKE A LOCAL ACCESS STREET FOR YOUR BUILDINGS OR IS IT JUST GOING TO BE WIPED OUT AND MADE INTO GREEN SPACE TRAILS? WHATEVER, NEITHER THE CITY OF AUSTIN TRANSPORTATION DEPARTMENT WANTS THE MAJORITY OF IT TO BE CON THEY'RE GOING TO LEAVE THE IDEA NOW IS TO LEAVE THE PAVEMENT THERE AND IT WILL BECOME SORT OF ACCESSORY TO WATERLOO PARK. THERE'S A 50 FOOT CHUNK OF IT BETWEEN 14TH AND A HALF AND 15TH, THAT WILL BE TRADED TO CENTRAL HEALTH IN EXCHANGE FOR, AND IN LIEU OF A REIMBURSEMENT FOR CENTRAL HEALTH CONSTRUCTION OF THE CITY PORTION OF NEW RED RIVER. THAT'S JUST A SUMMARY, BUT NO, THE CENTRAL HEALTH WILL NOT BE GETTING THE OLD RED RIVER. RIGHT-OF-WAY THE MAJORITY OF THAT WILL JUST BECOME PART OF WATERLOO. OKAY. THANK YOU. ALL RIGHT. NEXT COMMISSIONER WITH QUESTIONS GOING ONCE GOING TWICE. ALL RIGHT. ARE THERE ANY EMOTIONS MR. COX? I MOVE TO APPROVE THE, UM, STAFF RECOMMENDATION, UH, TO PLANNING AND DEVELOPMENT DISTRICT ZONING. OKAY. I SEE A SECOND FROM COMMISSIONER AS ARE. UH, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? UH, NO. I'M, I'M HAPPY TO SEE THIS MOVE FORWARD. I APPRECIATE. UM, AND I APOLOGIZE. I CAN'T REMEMBER THE NAME OF THE APPLICANT WHO SPOKE, BUT I DEFINITELY FEEL LIKE SHE HAS BEEN AT THIS FOR A VERY LONG TIME WITH A WHOLE LOT OF STAKEHOLDERS. I APPRECIATE ALL THE WORK THAT'S GONE INTO THIS, UM, WITH THEM AND THE, AND THE, UH, THE CITY DEPARTMENT. SO LET'S, LET'S SEE IT HAPPENED WITH MOVING FORWARD. ALL RIGHT. ANYBODY SPEAKING AGAINST OR NEUTRAL? CAN I MAKE A SUBSTITUTE OR, I MEAN, I'D LIKE TO MAKE AN AMENDMENT, BUT I CAN'T. RIGHT. I MEAN, I'D HAVE TO MAKE A SUBSTITUTE BECAUSE THERE WAS A SECOND, RIGHT? YEAH. OKAY. SO, UM, I'D LIKE TO, UM, STAFF, UH, YOU KNOW, LET'S SAY TO, TO IMPROVE, UM, BUT ALSO, UM, ADD THE ENVIRONMENTAL COMMISSIONS RECOMMENDATION FROM THE TWO STAR A THREE-STAR GREEN BUILDING. UM, AND I'D LIKE TO, UH, PUT BACK IN THE LIMITATIONS, I GUESS WE'RE REMOVING THE PEDESTRIAN ORIENTED. UM, WHAT WAS THAT QUESTION? I'M TRYING TO FIND [02:30:01] IT PEDESTRIAN ORIENTED. IT WASN'T, IT WAS, IT WAS TWENTY-FIVE TO SUBTRACT FOR B ARTICLE TO DIVISION SIZE, THE PREPPED FOR B SECTION 2.3 POINT D, WHICH REQUIRES A PEDESTRIAN ORIENTED. YOU TESTIFY IN THE WATERFORD OVERLAY OF THE FIRST FLOOR OR MULTI-STORY COMMERCIAL. YEAH. SO I'D LIKE TO INCORPORATE THAT BACK IN. UM, AND IT'S ONE OF THOSE THINGS THAT, I MEAN, THE APPLICANTS, THE STAFF, SO IF THEY WANT TO, THEY CAN ALWAYS COME BACK. SO, UM, BUT ANYWAYS, SO THAT'S MY MOTION. SECOND COMMISSIONER, MUCH SMALLER. UM, WOULD YOU LIKE TO SPEAK TO YOUR MOTION COMMISSIONER TODAY OR YOUR SUBSTITUTE? UM, I MEAN, I THINK IT INCORPORATES WHAT HAS BEEN DISCUSSED AND COMMITTED BY NOT JUST, UM, STAFF AND OUR COMMISSION, AS WELL AS THE APPLICANT, BUT ALSO THE ENVIRONMENTAL COMMISSION. UM, UH, AND I THINK THAT'S REALLY IT. I THINK IT'S JUST KIND OF MORE ENCOMPASSING OF WHAT WHAT'S, WHAT'S BEEN HAPPENED SO FAR. SO, ALL RIGHT. ANYBODY SPEAKING AGAINST OR NEUTRAL MR. COX, THIS IS A NEUTRAL THING. AND I DON'T KNOW IF WE CAN ASK QUESTIONS, UM, TO, TO THE APPLICANT, BUT I'M CURIOUS IF THIS STUFF IS SO COMPLICATED, ESPECIALLY WITH A PUD. I'M JUST WONDERING IF THERE'S ANY POTENTIAL UNINTENDED CONSEQUENCES OF REMOVING THE WAIVER TO BLAH, BLAH, BLAH, BLAH, SECTION 2.3 0.2 POINT D. WAS THAT SOMETHING THAT WE CAN ASK OF THE APPLICANT AT THIS TIME? UM, NOT REALLY. OKAY. AND I MEAN, YOU CAN HEAR IT, BUT YOU COULD GET CLARIFICATION FROM STAFF, RIGHT. STAFF CAN ACT AS STAFF, IS THAT RIGHT? SURE. THE RULES GET LESS STRINGENT AS THE NIGHT GOES ON. SO, SO MR. RUSTO BEN, CAN YOU, CAN YOU TELL US IF YOU FORESEE ANY UNINTENDED CONSEQUENCES OF REMOVING THAT WAIVER FOR PEDESTRIAN ORIENTED USES AS DESIGNED AND AS DEFINED IN SECTION 25 TO 16, SIX 91 FEET? NO COMMISSIONERS, THE ONLY ISSUE I SEE IS THAT IT IS A 14 ACRE SITE, AND SO THERE'S GOING TO BE MULTIPLE, YOU KNOW, BUILDINGS BEING BUILT HERE. WE'RE NOT TALKING ABOUT, YOU KNOW, ONE SINGLE BUILDING. SO, UM, I THINK WE JUST HAVE TO APPLY PRUDENCE WHEN IT COMES TO NOT ALL QUARTERS, YOU KNOW, NOT, NOT EVERY ANGLE, IF YOU WILL, ON THE FIRST FLOOR IS GOING TO BE APPROPRIATE NECESSARILY FOR PROFESSORS OR INDUCE. BUT I THINK WE WOULD APPLY IT JUST AS WE DO TODAY. AND IT WOULD APPLY TO THE STREET IN FRONT INCHES FROM NOT TO THE NECESSARILY THE ENTIRE FIRST FLOOR. OKAY. FOR PICTURES, OUR CHAIR, I HAVE A QUESTION FOR JUST FOR CLARIFICATION. UM, THE ENVIRONMENTAL COMMISSION SAID THIS SORT OF REQUEST, LOOKING AT THESE EXTRA STANDARDS. ARE WE TALKING ABOUT REQUESTING STAFF TO LOOK AT THESE PEDESTRIAN STANDARDS? ARE WE REQUIRING THOSE AS PART OF THE BIBLE? NO, THE ENVIRONMENTAL COMMISSION, I THINK THEIR THING WAS THEY WANTED, UM, THEY WERE LOOKING FOR THREE STARS INSTEAD OF TWO STAR. I THINK THAT WAS IT. I'M JUST TRYING TO UNDERSTAND, LIKE, IS YOUR LANGUAGE REQUESTING STAFF TO CONSIDER THESE OR ARE WE REQUIRING STAFF TO DO THIS? I THINK WE SHOULD. OKAY. SO I DON'T WANT TO SPEAK FOR THE ENVIRONMENTAL COMMISSION. SO WHATEVER WORD VERBIAGE ENVIRONMENTAL COMMISSION USED IS WHAT WE'RE GOING TO BE SUPPORTING. SO IF THEY SAY CONSIDER, THEN IT'S CONSIDERED, IF THEY'RE REQUIRING, THEN THAT WE SAY REQUIRED, BUT I'M NOT GOING TO, I DON'T WANT THE PLANNING COMMISSION TO TAKE THEIR STEPS. SO WE'RE GOING TO SUPPORT ENVIRONMENTAL COMMISSION, WHATEVER VERBIAGE THEY USED AND FOR THE PEDESTRIAN USERS ARE USING REQUEST OR USING REQUIRED, I'M SAYING REQUIRED. AND SO THE, THE PRUDENCE THAT HAS BEEN USED ALL OVER THE CITY, INCLUDING, I MEAN, HAVING SAT ON DESIGN COMMISSION FOR SUCH A LONG TIME, WE GET IT. I MEAN, THERE'S USES THAT YOU CAN'T STICK PEDESTRIAN USES THERE'S REASONABLE APPROACHES AND THAT'S, THAT'S THE STANDARD. ANYWAY, YOU CAN'T, YOU KNOW, YOU'RE GOING TO HAVE SOME BLANK WALLS YOU HAVE TO. SO, UM, AS YOU KNOW, MR, THANK YOU. THAT ANSWERS MY QUESTION. OKAY. ANYBODY SPEAKING AGAINST HER NEUTRAL, UM, COMMISSIONERS ARE, I'LL JUST SAY I'LL BE VOTING. UM, I'LL BE STANDING FROM THIS BECAUSE I DO NOT UNDERSTAND. I THINK STAFF HAS CLEARLY SORT OF INDICATED THAT THEY WILL CONSIDER THOSE PEDESTRIAN REQUIREMENTS REQUIRING THEM COULD HAVE UNINTENDED CONSEQUENCES. AND AT THIS POINT I'M NOT COMFORTABLE VOTING FOR REQUIRING THOSE, UM, REQUIREMENTS. OKAY. UH, ANYBODY SPEAKING FOR COMMISSIONER COMMISSIONER MEMBERS MESHED DOLLAR? I THINK THIS GOES BACK TO SOME OF THE DISCUSSIONS WE HAD ABOUT SOME OF THE OTHER THINGS IN PREVIOUS MEETINGS ABOUT LOOKING FORWARD ABOUT WHAT THE [02:35:01] OVERALL LOOK OF THE CITY SHOULD BE LIKE. IF I'M UNDERSTANDING CORRECTLY, CENTRAL HEALTH IS NOT NECESSARILY DESIGNING AND UTILIZING THE SPACE FOR THEIR OWN PURPOSES TO SERVE THE HEALTH DISTRICT. THEY WANT TO USE THIS AS A REVENUE STREAM TO FUND IT. AND SO THE CBD AND THE HUD STUFF THAT I'M LOOKING AT ON THESE CHARTS REALLY ALLOW FOR A WIDE VARIETY OF USES IN DOWNTOWN THAT CAN DEVELOP INTO REALLY A LOT OF POSSIBILITIES. AND THAT'S WHY I THINK IT'S IMPORTANT TO INCORPORATE THOSE GREEN REQUIREMENTS FROM MY ENVIRONMENTAL COMMISSION IN THE PEDESTRIAN STUFF, SO THAT WE CONTINUE TO, AS PROJECTS COME THROUGH IN FRONT OF US, WE'RE REALLY PUSHING FORWARD. THIS IDEA THAT WE WANT THIS MULTI-MODAL, UM, AVAILABILITY, PEDESTRIAN FRIENDLY. IT'S ALSO VERY NEAR THE CAPITOL AND THE UT CAMPUS. AND THAT'S A LOT OF WALKABILITY IS REALLY IMPORTANT TO THOSE AREAS. AND SO WE DON'T KNOW YET IF THIS IS GOING TO BE MORE ON THE COMMERCIAL SIDE, WHICH IS ALLOWED OR MORE ON THE RESIDENTIAL SIDE, WHICH IS ALLOWED, I THINK THERE'S OPPORTUNITIES FOR BOTH, BUT I THINK ALL OF THEM WOULD BENEFIT FROM, FROM FOLLOWING THAT. SO I'M IN FAVOR OF IT. OKAY. UM, LAST SPOT AGAINST YOUR NEUTRAL SEEING NONE. UM, LET'S GO AHEAD. SORRY. COMMISSIONER CONNOLLY, I GUESS I'M SPEAKING NEUTRAL AT THIS POINT. I'M A LITTLE BIT SLIGHTLY CONFUSED, UH, ON THE AGAINST PART. UM, WE'RE, WE'RE TALKING ABOUT THE SUBSTITUTE MOTION, CORRECT? YEAH, THE SUBSTITUTE BY COMMISSIONER. OKAY, UNDERSTOOD. SO I GUESS I'M SPEAKING KIND OF AGAINST KIND OF NEUTRAL, BUT BASICALLY, UM, I WAS NOT ON THE PLANNING COMMISSION AT THE TIME, BUT I JUST WANT TO REMIND EVERYONE THAT THE PLANNING COMMISSION DID ALREADY LOOK AT THIS CASE. UM, SO I DON'T UNDERSTAND, UH, AND WHAT'S BEING PROPOSED AS EXACTLY THE SAME AS WHAT IT WAS. UM, SO I DON'T UNDERSTAND WHAT ABOUT THIS TIME AROUND IS DIFFERENT. THAT'S MY ONLY, UM, INTERNET NOW IT'S JUST A PUD, BUT THAT SEEMS TO BE MORE, MORE OF A TECHNICALITY. OKAY. UM, SO WE'RE GOING TO VOTE ON, UH, COMMISSIONER SHAY'S SUBSTITUTE MOTION, SECONDED BY COMMISSIONER MESH DOLLAR, UM, WHICH, LET ME KNOW IF THIS IS NOT CORRECT, BUT WE'RE MOVING THE MOTION IS TO APPROVE STAFF'S RECOMMENDATION, UM, WITH THESE ADS OF INCLUDING THE ENVIRONMENTAL COMMISSIONS RECOMMENDATIONS AND ADDING BACK IN THE CODE ABOUT PEDESTRIAN ORIENTED USES, LIKE IN THE WATERFRONT OVERLAY. YEAH. OKAY. SO THAT'S THE MOTION. UM, ALL THOSE IN FAVOR ONE, TWO, THREE, FOUR, FIVE, SIX, 10 AGAINST STANDING. YOU GOT YOUR DELLA. ALRIGHT. 10 ZERO TWO. ALL RIGHT. SO THIS SAYS MOTION PASSES. OKAY. NOW WE'LL MOVE ON TO THANK YOU. UM, OUR [B14. Site Plan-Conditional Use Permit: SPC-2020-0217C - Senate Hills Park; District 1] LAST PUBLIC HEARING IS B 14, THE SENATE HILLS PARK. DO WE HAVE, UH, ROSEMARY OF ULA ON THE LINE? GOOD EVENING COMMISSIONERS. I AM ROSEMARY ABILA WITH SETTLEMENT SERVICES DEPARTMENT. I'M THE CASE MANAGER FOR SENATE HILLS PARK. UM, CASE NUMBER IS SPC 2020 ZERO TWO 17 C. THE SITE IS LOCATED AT 54 OH SIX CANNOLI LANE. UM, THE SITE IS WITHIN DISTRICT ONE AND THAT'S THE CONSCIENCE SPRING SPRING DOWN NEIGHBORHOOD PLAN BESIDE IS 0.972 ACRES. IT IS DOWN SF FOUR, A AND P AND THE APPLICANT IS REQUESTING COMMUNITY RECREATION, PRIVATE USE, WHICH HAPPENS TO BE A CONDITIONAL USE AND THEIR ZONING. THE APPLICANT IS PROPOSING TO CONSTRUCT A SIDEWALK TRAILS AND A COVERED PAVILION. UM, STAFF RECOMMEND APPROVAL OF THIS CONDITIONAL USE PERMIT. AND ON THE CALL TONIGHT, WE HAVE THE APPLICANT AND AN HOA CHAIR W UM, WHO WERE THE OWNERS AND THEY'RE AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU. UM, LET'S HEAR FROM THE APPLICANT. IS MR. ANDREW CREEL? [02:40:03] YES, WE CAN HEAR YOU. OKAY, GREAT. THANK YOU. I'VE GOT A LOT TO SAY HERE, BUT I'LL TRY TO BE EXCEPTIONALLY QUICK. UM, IF YOU HAVE ANY QUESTIONS I'LL BE AVAILABLE AFTERWARDS, FIRST OFF, THANK YOU SO MUCH FOR Y'ALL SERVICES SACRIFICE. UM, AS A CURRENT ENVIRONMENTAL COMMISSIONER FOR DISTRICT ONE AND LONGTERM HOA PRESIDENT, I KNOW WHAT THESE NIGHTS FEEL LIKE AND THE SACRIFICE YOU MAKE TO BE AWAY FROM YOUR FAMILIES TO DO THIS. SO I APPRECIATE THAT. UH, IN ADDITION, UH, REALLY APPRECIATE THE WORK STAFF DONE ON THIS AS ALWAYS TO BE AUSTIN STAFF HAS DONE A VERY THOROUGH REVIEW AND DONE EXCELLENT WORK. AND WE'RE REALLY GRATEFUL FOR THAT. UH, THIS CASE IS A CULMINATION OF ABOUT THREE AND A HALF YEARS OF COMMUNITY LED EFFORT, UH, TO BRING THIS PARK TO FRUITION, UH, IT'S SPANNED FOUR HOA BOARDS AND HAS INVOLVED 10 PUBLIC MEETING, UH, HAD TO, UH, COMMITTEES FORMED AROUND THAT AND HAD SOMETHING IN THE ORDER OF 20 TO 30. UM, VOLUNTEERS HAVE MEANINGFUL CONTRIBUTIONS TO THE DEVELOPMENT OF THIS, UH, PROPOSAL. THIS IS A PRIME EXAMPLE OF WHAT THE DEVELOPMENT PROCESS IS SUPPOSED TO LOOK LIKE IN THE CITY OF AUSTIN, BUT SO OFTEN FALLS SHORT OF THIS IS TRULY A WIN-WIN. THIS IS A SITUATION WHERE, UH, THE EXISTING COMMUNITY GETS JUST REAL AND MEANINGFUL BENEFIT FROM A ADJACENT DEVELOPER COMING NEW INTO THE SCENARIO. A LITTLE BACKGROUND ON THIS SENATE HILLS WAS BUILT IN 2007 OF THE SMART HOUSING DEVELOPMENT. IT WAS LEFT WITH BASICALLY NO ASSETS. THE ONLY ASSETS WE WERE LEFT WITH WAS, UH, OUR COMMON SPACE LAND, INCLUDING A UNDEVELOPED FRONT ENTRANCE, AND THIS UNDEVELOPED PARCEL OF LAND BEHIND TOWER TRAIL, UH, LESS THAN ONE ACRE. UH, THERE WAS A SECOND PHASE OF SENATE HILL PLANNED THAT NEVER HAPPENED. UM, IT WAS APPROVED VIA PRELIMINARY PLAN. AND AS PART OF THAT, THE STORM WATER PONDS AND PIPES WERE SIZED FOR AN ADDITIONAL DEVELOPMENT ENTER THIS AGREEMENT WHERE THE DEVELOPER REALIZES THAT IT NEEDS OUR PERMISSION TO USE OUR STORMWATER PONDS. AND THAT'S KIND OF THE BASIS FOR THIS AGREEMENT. ONE LAST NOTE, OUR NEIGHBORHOODS KIND OF ISOLATED FROM OTHER NEIGHBORHOODS AROUND IT. THERE WAS NO ACCESS FROM THE SOUTH. UM, THE SOUTHERN NEIGHBORHOODS, IT'S A COMPLETE FENCE OFF A FENCE LINE FOR THE AREAS TO THE SOUTH. UH, THERE WAS A LOT OF DISCUSSION THAT WENT INTO THIS AGREEMENT. UM, A LOT OF DISCUSSION ON PROS AND CONS. UH, I'VE MENTIONED 10 PUBLIC, UH, PUBLIC MEETINGS, A VERY LENGTHY DISCUSSION ON NEXT DOOR. UH, I'LL START WITH THE CONS THAT WERE DISCUSSED IN GREAT TO TELL LIABILITY TO THE HOA WAS ONE CRIME IMPLICATIONS, NUISANCES LIKE NOISE OR TRAFFIC, UH, BEHIND PEOPLE'S HOUSES AND THEN DEVELOPER ACCOUNTABILITY, MAKING SURE THEY STUCK THROUGH, UH, WITH ALL OF THEIR, UH, OBLIGATION. AGAIN, THESE WERE DISCUSSED IN VERY GREAT TO TELL, AND YOU'RE GOING TO HEAR FROM SOME OF THE OPPONENTS THAT SPEAK TO THESE, UH, THESE ELEMENTS AS WELL, BUT WE DID EVERYTHING WE CAN TO MITIGATE THESE NUISANCES. THIS INCLUDES EIGHT FOOT CEDAR PRIVACY SENSORS BEHIND RESIDENTS' HOMES TO SCREEN THEM FROM THESE PROPOSED IMPROVEMENTS, TRASH AND RECYCLING RECEPTACLES IN THE PARK DOG WASTE BAG STATIONS IN THE PARK DUMMY CAMERAS TOO, TO HELP DETER CRIME AND A SET OF RULES, UH, FOR THE PARK THAT WILL HELP MITIGATE THESE NUISANCES, INCLUDING THAT IT IS A PRIVATE PARK AND TRESPASS IS ENFORCEABLE, UM, PARK HOURS. UM, THERE'S PARK HOURS IN THERE ARE QUIET HOURS FOR THE PARK. NO MOTORBIKES, MOTORIZED VEHICLES ALLOWED PETS REQUIRED BEYOND LEASHES, NO GLASS CONTAINERS, NO LITTERING, NO SOLICITING PET OWNERS WILL PICK UP AFTER THEIR PETS, NO WEAPONS AND THERE'S RESERVATIONS REQUIRED FOR YOUTH, FOR GROUP EVENTS IN THE PARK THAT HAVE ADDITIONAL RULES ASSOCIATED WITH THEM. UH, IN THE, IN THIS AGREEMENT REPRESENTS OVER HALF A MILLION DOLLARS OF BENEFIT TO OUR COMMUNITY. UH, I'LL PAUSE JUST A SECOND HALF A MILLION DOLLARS OF BENEFIT TO OUR COMMUNITY AT NO COST TO THE CITY AND NO COST TO OUR COMMUNITY. THIS INVOLVES NEW FENCES, INCLUDING A VERY LARGE SECTION OF FENCE ALONG 51ST STREET THAT WAS, UH, DETERIORATED AND WAS EXPECTED TO NEED TO BE REPLACED WITHIN TWO YEARS AT A PRICE OF ABOUT $50,000, UH, THAT WAS INCLUDED IN THIS AGREEMENT, A PAYMENT TO THE HOA TO FEED OUR RESERVE ACCOUNTS. THIS ALSO ALLOWED US TO AVOID ANY SPECIAL ASSESSMENTS TO RESIDENTS, AND THAT WILL HELPS US AVOID FUTURE DUES INCREASES. IT INCLUDES A FITNESS STATION WIDE, A TRAIL AROUND THE NEIGHBORHOOD, LANDSCAPING IN THE PARK, A NATURE PLAY AREA, EMPHASIZE NOT A PLAYGROUND. UH, JUST THE NATURE PLAY AREA THAT INCLUDES IRRIGATION IN THE PARK, A PAVILION AS A MEETING SPACE IN THE PARK, A FIXED COOKING GRILL WITH A HOT COAL DISPOSAL, RECEPTACLE, UH, PROPERTY TAXES, INSURANCE [02:45:01] AND MAINTENANCE ARE ALL TO BE PAID BY THE DEVELOPER. THE ADJACENT DEVELOPER IN PERPETUITY, THE INSURANCE HAS PRETTY EXTENSIVE $2 MILLION AGGREGATE LIABILITY AND $150,000 CASUALTY INSURANCE ON THE PART WHERE THERE'S, AGAIN, NO MAINTENANCE BURDEN TO THE CITY OF AUSTIN. AS PART OF THIS AGREEMENT, THIS IS A PRIVATE PARK PART HAS NO OBLIGATIONS HERE. WE'RE ACTUALLY REDUCING THE IMPERVIOUS COVER. YOU DON'T SEE THAT BECAUSE THE IMPERVIOUS COVER THAT'S COMING OFF IS IN THE RIGHT OF WAY VIA SOME DEAD ENDS THAT EXIST THERE TODAY. SO WE'RE ACTUALLY CREATING LESS IMPERVIOUS COVER IN THE PROCESS. AND IN THE END, IT KEEPS OUR HOA DUES MUCH LOWER THAN THE CITY AVERAGE AND VERY REASONABLE AT LESS THAN $14 A MONTH. UM, IN THE END, WE ALSO NEGOTIATED SOME VERY STRONG PROTECTIONS FOR THE HOA. THAT WAS SOMETHING WE WERE VERY EMPHATIC ON. I KNOW THE DEVELOPERS ON, AND HE'LL PROBABLY SPEAK TO SOME OF THOSE PROTECTIONS THAT WE INSISTED ON IN THE AGREEMENT. IN THE END, THE DEVELOPER HAS GOTTEN THE FULL BENEFIT OF THIS PROPOSAL. THIS NEIGHBORHOOD IS UNDER CONSTRUCTION. THERE'S AN AGREEMENT SIGNED THAT ALLOWS THEM TO USE OUR STORMWATER PONDS. THIS PARK REPRESENTS THE LAST PIECE OF THE NEGOTIATED AGREEMENT BETWEEN THE NEIGHBORHOOD AND THE ADJACENT DEVELOPER. I'M SUPER PROUD OF THE COMMUNITY. WE HAVE WORKED INCREDIBLY HARD TO GET TO THIS POINT, WORKING THROUGH DISAGREEMENTS FOR THE BENEFIT OF THE ENTIRE COMMUNITY. UM, YOU KNOW, HEAR FROM THE OPPONENTS HERE TONIGHT, I'M EXCITED TO HEAR FROM THEM. THEY WERE VERY VOCAL IN THE PROCESS. I'D LIKE TO SAY THEIR VOICES WERE VERY STRONGLY HEARD AND THEY CREATED A STRONGER AGREEMENT, BUT IN THE END, SOME, UH, SOME, UH, NO SOLUTION CAN COMPLETELY ADDRESS ALL CONCERNS FROM EVERYBODY. THANK YOU FOR YOUR TIME. THANK YOU. UM, OTHER SPEAKERS, I UNDERSTAND MS. HANNAH REIMER IS AVAILABLE FOR QUESTIONS. UM, CAN MS. RHYMER CLARIFY THAT SHE WISHES NOT TO SPEAK, BUT IT WAS JUST HERE FOR QUESTIONS, ANNA REIMER, ARE YOU ON THE LINE? OKAY. UM, LET'S MOVE TO CHRIS BLACKBURN SPEAKING FOR STAR SIX TO UNMUTE MR. BLACKBURN, SELECT STAR SIX ON YOUR PHONE TO UNMUTE. IF YOU'RE HAVING ISSUES, PLEASE DIAL BACK IN. UM, LET'S GO TO, UH, STEPHANIE LAMARCA THEN WE CAN COME BACK TO MR. BLACKBURN. HE COMES ON. HI, THIS IS STEPHANIE. UM, HOPEFULLY YOU ALL CAN HEAR ME. GOOD EVENING. HI, THANK YOU ALL FOR ALLOWING YOU TO SLEEP TONIGHT AND THANK YOU ALL FOR YOUR SERVICE TO THE CITY OF AUSTIN. UM, I'VE LIVED IN SENATE HILL SINCE 2014, AND I'M SPEAKING IN FAVOR OF THE SENATE HILLS PARK. IN 2019, I SERVED IN THE PARK DEVELOPMENT SUBCOMMITTEE OF THE SENATE HILL PATIENT WAY. THE COMMITTEE WAS VOLUNTEER LED AND OPEN TO ALL MEMBERS OF THE SENATE HEALTH COMMUNITY. THE COMMITTEE MET SEVERAL TIMES OVER THE PERIOD OF A FEW MONTHS, INCLUDING AN OPPORTUNITY TO WALK THE PROPOSED SITE WITH MEMBERS OF THE HOA BOARD, AS THE DEVELOPER AND ARCHITECT, TO ANSWER QUESTIONS AND PROVIDED A DETAILED OVERVIEW OF THE PROJECT. THE PARK DEVELOPMENT COMMITTEE WAS TASKED WITH REVIEWING THE PARK PROPOSAL PLANS AND RECOMMEND IMPROVEMENTS TO THE HOA BOARD. THE COMMITTEE PRIORITIZE THE SAFETY AND OF SENATE HILLS RESIDENTS AND HOW REVIEW OF THE PROPOSAL AND IN THE RECOMMENDATIONS WE MADE, I AM PLEASED TO SHARE THAT NEARLY ALL OF THE RECOMMENDATIONS WE MADE WERE INCORPORATED INTO THE FINAL AGREEMENT BETWEEN SOUTHERN HILLS AND THE DEVELOPER, INCLUDING ADDING PARKING RULES AND SAFETY SIGNAGE, ADDITIONAL SAFETY LIGHTS, AND INCREASING THE HEIGHT OF THE FENCE. A LOT OF THE TOWER TRAILS SIDE OF THE PARK FROM SIX FEET TO EIGHT FEET TO FURTHER MITIGATE THE IMPACT OF DEPARTMENTS THAN HILLS RESIDENCE. THE PROCESS WE FOLLOWED WAS FAIR AND TRANSPARENT AND RESULTED IN POSITIVE CHANGES TO THE PARK AND ULTIMATELY THE ENTIRE COMMUNITY. IT IS MY BELIEF THAT THE BENEFITS OF THIS PARK FAR OUTWEIGH ANY NEGATIVES IN SPEAKING WITH MANY NEIGHBORS OVER THE YEARS, THEY TOO AGREE THAT A NEIGHBORHOOD PARK IS GOOD FOR THE COMMUNITY. A PARK IN SENATE HILL WILL CREATE A SPACE TO PROMOTE COMMUNITY WELLNESS AND [02:50:01] PROVIDE A SAFE CONNECTION SPACE FOR NEIGHBORS. WE ALL KNOW THAT PARKS PROVIDED MULTITUDE OF HEALTH AND WELLNESS BENEFITS. THEY ENCOURAGE ACTIVITY AND SOCIAL SKILL DEVELOPMENT IN KIDS. THEY CREATE SAFE, GATHERING PLACES FOR ADULTS AND PROVIDE FAMILIES WITH FREE ACTIVITIES. PARKS ALSO OFFER A PLACE FOR FAMILY AND NEIGHBOR BONDING, AND THEY PROVIDE A SAFE PLACE FOR COMMUNITY, COMMUNITY MEMBERS TO GET OUTSIDE, TO EXERCISE AND TO BE ACTIVE AFTER MORE THAN A YEAR OF QUARANTINE AND SOCIAL DISTANCING. I AM EXCITED TO BE ABLE TO RECONNECT WITH MY NEIGHBORS, SPEND TIME OUTSIDE, GO ON WALKS AND ENJOY ALL THE BENEFITS OF HAVING A PARK IN CLOSE PROXIMITY TO MY HOME. I REMAIN IN FULL SUPPORT OF THE SENATE HEALTH PARK PLAN. THANK YOU. THANK YOU. UM, DO WE HAVE CHRIS BLACKBURN STAR SIX TO YOU SURE. REACHED OUT TO MR. BLACKBURN AND I HAVEN'T HEARD BACK. THANK YOU. OKAY. UM, LET'S MOVE TO RYAN MILLER. GOOD EVENING COMMISSIONERS. THIS IS RYAN MILLER. WE CAN HEAR YOU. OKAY. I VERY MUCH APPRECIATE THE OPPORTUNITY TO SPEAK TONIGHT IN SUPPORT OF THE PARK. UH, I HAVE BEEN INCENTED HILLS SINCE IT WAS ORIGINALLY BUILT IN 2007. I HAVE SERVED ON OUR BOARD OFF AND ON FOR NINE OF THE 14 YEARS THAT WE'VE BEEN AROUND. UH, AND I LOVE THIS NEIGHBORHOOD. THE ONLY DOWNSIDE TO OUR NEIGHBORHOOD IS WHEN IT WAS BUILT, THAT WE WERE LEFT WITH A COMPLETE LACK OF COMMUNITY SPACE TO GATHER, AND THAT OUR DUES HAD BEEN SET SO ARBITRARILY LOW, THAT WE HAD VIRTUALLY NO CHANCE OF EVER DOING ANYTHING ABOUT THAT. UP TO THIS POINT, ALL OF THE COMMUNITY EVENTS AND GATHERING THAT WE'VE HAD HAVE MOSTLY BEEN HELD IN A COL-DE-SAC IN OUR NEIGHBORHOOD ON THE STREET, WHICH IS NOT THE MOST IDEAL PLACE TO HAVE COMMUNITY GATHERINGS. THE ONLY MAJOR UPGRADE THAT WE'VE BEEN ABLE TO ACHIEVE IN OUR NEIGHBORHOOD WAS THROUGH A PARTNERSHIP WITH THE CITY OF AUSTIN, WHERE WE WERE ABLE TO SIGNIFICANTLY UPGRADE THE LANDSCAPING AT OUR FRONT ENTRANCE. AND THAT'S, THAT'S ALL WE'VE BEEN ABLE TO ACHIEVE. SO WHEN TAYLOR MORRISON HOMES CAME ALONG, THIS TRULY WAS A ONCE IN A LIFETIME FOR US OPPORTUNITY TO DO SOMETHING SIGNIFICANTLY SPECIAL FOR THE WHOLE COMMUNITY. UP TO THIS POINT, TAYLOR MORRISON HOMES HAS HONORED EVERY PART OF THAT AGREEMENT. AND AS ANDY ALLUDED TO EARLIER, THIS IS THE LAST AND THE MOST AMAZING PART OF THAT AGREEMENT TO GET THIS PART. I AM BEYOND THRILLED AT THE OPPORTUNITY TO HAVE A PARK IN OUR NEIGHBORHOOD THAT I CAN TAKE MY FOUR YEAR OLD DAUGHTER TO IT. DOESN'T INVOLVE US HAVING TO GET INTO A CAR OR TO NAVIGATE OVER A 12 LANE HIGHWAY TO GET TO THE Y YMCA PART. I ALSO FEEL IT'S IMPORTANT TO NOTE THAT THROUGH ALL OF THE MEETINGS THAT ANDY TALKED ABOUT, IT LED UP TO A VOTE THAT OUR NEIGHBORHOOD HELD AN ELECTION, A SPECIAL ELECTION, UH, FOR A VOTE ON THIS PARK THAT WE OVERWHELMINGLY PASSED. WE MET ALL OF OUR CRITERIA AND THIS PARK WAS OVERWHELMINGLY SUPPORTED BY A MAJORITY OF THE NEIGHBORHOOD. SO THERE IS NO GREATER CONSENSUS THAT YOU COULD HAVE FOR THIS PART. AND THAT IS ALL I HAVE. I APPRECIATE YOUR TIME. THANK YOU. I BELIEVE WE HAVE MR. CHRIS BLACKBURN BACK. THIS IS GOOD. CAN EVERYONE HEAR ME? YEP. YEP. WE CAN HEAR YOU. YEAH. SORRY ABOUT THE ISSUES. UM, BUT YEAH, UH, CHRIS BLACKBURN I'M WITH WATERLOO DEVELOPMENT. UM, WE ARE THE DEVELOPMENT MANAGER FOR TAYLOR MORRISON HOMES WHO DEVELOPED THE, UH, ADJACENT PROPERTY TO SENNETT HILLS. UM, WE, UH, AS ANDY AND OTHERS HAVE ALLUDED TO, WE SPENT A SIGNIFICANT PERIOD OF TIME DISCUSSING WITH THE, UH, SENATE HILLS HOMEOWNERS ASSOCIATION ABOUT A JOINT PARK IN CONJUNCTION WITH, UH, BEING ABLE TO USE THE POND IN THEIR PROPERTY. UM, HAD NUMEROUS MEETINGS, UH, BOTH ON SITE AND AT VARIOUS, UH, NEIGHBORHOOD ASSOCIATION MEETINGS, UH, WALKING THE PROPERTY, DISCUSSING VARIOUS, UH, ASPECTS OF IT THAT WE COULD INCORPORATE. AND OVER TIME CAME TO AN AGREEMENT THAT ULTIMATELY WAS, UH, APPROVED BY ROUGHLY [02:55:01] 80% OF THE HOMEOWNERS THAT ATTENDED, UH, A MEETING TO VOTE ON, UH, WHETHER OR NOT TO APPROVE, UH, DOING A PARK AGREEMENT. UM, THIS PARK, UH, WILL BENEFIT BOTH COMMUNITIES IT'S PRIVATE AND WILL BE MAINTAINED BY TAYLOR MORRISON HOMES AND THEIR NEIGHBORHOOD ASSOCIATION, UH, IN PERPETUITY, UH, HAS BEEN, UH, SOME DISCUSSION FROM, UH, AN ADJOINING NEIGHBORHOOD PECAN SPRINGS, UH, ABOUT SOME POSSIBLE INJECTIONS, UM, AND NOT WANTING A PARK ADJACENT TO THEM. UH, THIS WILL NOT BE ADJACENT TO THEIR NEIGHBORHOOD. IT IS, UH, WILL BE SURROUNDED BY HOMES EITHER EXISTING IN SENATE HILLS, OR THAT WILL BE BUILT IN THE PARK AT 51ST NEIGHBORHOOD. UM, I'D BE HAPPY TO ANSWER ANY QUESTIONS, UM, ANYONE THEY HAVE ON THIS AND THANK YOU FOR YOUR TIME. THANK YOU. IT'S VERONICA CHIN ESTHER ON THE PHONE TO YOUR COMMISSIONER. HEY. HELLO. CAN YOU HEAR ME? YES. THANK YOU. OKAY, I'M SORRY. UH, THIS IS VERONICA FOR THE STORY. THANK YOU ALL FOR YOUR TIME. UM, I REALLY APPRECIATE IT. IT'S VERY LATE AND I JUST CANNOT GIVE Y'ALL ENOUGH PROPS FOR WHAT YOU DO. I HAVE LIVED IN SENATE HILLS SINCE 2009. UM, I WORK AS AN ASSISTANT DISTRICT ATTORNEY HERE IN TRAVIS COUNTY AND I'VE BEEN ON AND OFF THE BOARD. UM, NOW I'M BACK ON THE BOARD, UM, DEPENDING ON WHEN I HAVE KIDDOS. SO I'M EXCITED TO SAY THAT WHAT I REALLY WANT TO EMPHASIZE ON THIS PARK IS ONE, THE CONNECTIVITY THAT IT'S GOING TO BRING TO OUR LITTLE NEIGHBORHOOD, WHICH IS HUGE FOR US, BUT TO JUST THE PROCESS LEADING UP TO THE APPROVAL OF THIS PARK BY OUR NEIGHBORHOOD. I WANT TO SPEAK TO THAT SPECIFICALLY BECAUSE IT WAS SO ABOVE BOARD, IT WAS SO TRANSPARENT AND IT WAS DONE IN A WAY THAT TOOK A LOT OF TIME FROM THE PEOPLE ON THE BOARD THAT I WANT TO MAKE IT CLEAR TO YOU COMMISSIONER WITH HERE TONIGHT, THAT THIS IS SOMETHING THAT I THINK IS WORTH NOTING. UM, THE, THE MAILERS, THE EMAILS, THE EXTENSIVE PUBLIC MEETINGS, UM, THE CONSTANT COMMUNICATION WITH NEIGHBORS FROM THE MEMBERS OF THE HOA BOARD HAS BEEN STELLAR HAS BEEN SOMETHING THAT I THINK MANY HOS WOULD LOVE TO EMULATE. UM, AS FAR AS TRANSPARENCY AND COMMUNICATION AMONG NEIGHBORS, UM, ANY KIND OF CONCERNS WITH THIS PARTS SUCH AS LIABILITY POSSIBLE CRIME. UM, ALL OF THAT, I THINK THAT THE HOA HAS DONE A GREAT JOB ADDRESSING COMING UP WITH SOLUTIONS FOR, AND BEING VERY CLEAR CUT WITH OUR NEIGHBORS ABOUT WHAT THEY EXPECT TO SEE AND WHAT THEY HOPE, UM, WILL CONTINUE AS FAR AS COMMITTEES, AS FAR AS COMMUNICATION WITH NEIGHBORS. SO FIRST AND FOREMOST, THE TRANSPARENCY THAT LED TO THIS BOAT, WHICH I KNOW RYAN HAD EMPHASIZED. WE, WE OVERWHELMINGLY APPROVED THIS PRIVATE PART FOR OUR NEIGHBORHOOD. I THINK YOU HAVE THE NUMBERS BEFORE YOU, BUT IT WAS OVERWHELMING 76. I BELIEVE THAT 29, OUR NEIGHBORS ARE VERY EXCITED ABOUT THIS, UH, ABILITY TO BE ABLE TO CONNECT IN A PUBLIC SPACE. THAT'S NOT A CULDESAC. I ACTUALLY, UM, ORGANIZED SOME NATIONAL NIGHT OUTS WHEN I WAS ON THE HOA BOARD AND, YOU KNOW, TO BE ABLE TO HAVE A SPACE, TO HAVE A NATIONAL NIGHT OUT, THAT'S NOT A COL-DE-SAC, I'M VERY EXCITED. I HOPE THAT THAT DOES BECOME A REALITY FOR OUR FUTURE. UM, AGAIN, I DON'T WANT TO TAKE UP TOO MUCH OF YOUR TIME. IT'S ALREADY PAST 9:00 PM, BUT AS A CURRENT MEMBER AND YOU KNOW, OF THE HOA BOARD, I JUST WANT TO SAY THAT THE TRANSPARENCY THAT LED TO THIS BOAT AND THE EXCITEMENT AMONG OUR NEIGHBORS IS, UM, VERY HIGH. AND SO I HOPE THAT YOU WILL FOLLOW THE STAFF RECOMMENDATION AND APPROVE THROUGH THIS. THANK YOU. THANK YOU. DO YOU HAVE ANY COFFEE ALL ON THE PHONE? ARE YOU THERE? YES. HELLO, I'M SORRY. MY NAME IS JAMES COFFIN. UM, I LIVE IN SENNETT HILLS AND I'M SPEAKING IN FAVOR OF THE PARK. UM, OUR NEIGHBORHOOD WAS BUILT BY MAIN STREET HOMES. UH, IT WAS A TWO PHASE, UH, IN SUPPOSED TO BE IN TWO PHASES. PHASE TWO WAS NEVER BUILT AND NOW, UM, A NEW DEVELOPER HAS STEPPED IN AND DECIDED TO TAKE ON THAT PROJECT. UM, OVER THE 13 YEARS, SINCE OUR HOME WAS BUILT, UH, SINCE OUR HOMES IN THIS NEIGHBORHOOD WERE BUILT, WE'VE WORKED TIRELESSLY TO BEAUTIFY OUR NEIGHBORHOOD AND BUILD COMMUNITY, UH, GIVEN SOME RESTRICTIONS AS SOME OF THE OTHER SPEAKERS [03:00:01] HAVE MENTIONED. UM, WE HAVE USED CITY GRANTS DONATIONS FROM NONPROFITS, LIKE TREE FOLKS, AND NOW CONCESSIONS FROM THIS NEW DEVELOPER MAJOR CONCESSIONS, I MIGHT ADD FROM THIS NEW DEVELOPER, UH, THE SMALL GREEN SPACE, UH, WAS ALLOWED TO BE STRIPPED OF ALL NATIVE CONTOUR AND VEGETATION DURING THE ORIGINAL DEVELOPMENT BY MAIN STREET HOMES. AND SINCE THEN HAS SAT COMPLETELY IDLE. UH, IT WASN'T EVEN SEATED WITH WILD SOURS OR AT LEAST PRETTY TO LOOK AT. UH, IT'S JUST A THORN AND STICKER RAMBLE. NOW, UM, THIS PARK WILL ALLOW US TO USE THIS SPACE AS A COMMUNITY BEAUTIFUL NEIGHBORHOOD AND GIVE US SPACE TOGETHER FOR COMMUNITY EVENTS. THANK YOU. THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU. IS, UH, RICAN SHAW ON THE PHONE STAR SIX 10. YOU SORRY ABOUT THAT. I THINK WE HAVE YET. CAN YOU ALL HEAR ME? YES. HI. WE CAN HEAR YOU NOW. THANK YOU GUYS FOR WHAT YOU GUYS DO, ESPECIALLY LATE IN THE EVENING HERE ALSO, I'M ACTUALLY A NEWER HOMEOWNER NEIGHBORHOOD. I MOVED IN, UH, IN, UH, JUST LAST YEAR. AND SINCE WE STARTED THIS KIND OF IN THIS TRANSPARENT INFORMATION HAS COME MY WAY AROUND THIS PART OF THE PROCESS. AND EVEN AS A NEW RESIDENT WAS BROUGHT INTO THE FOLD PRETTY QUICKLY BY THE HOA BOARD. SO I WANT TO FIRST OFF THANK THEM FOR EVERYTHING THEY'D DONE. UM, LET'S KEEP IT SHORT AND SWEET. I'M ALSO IN FAVOR OF THIS PARK. IT SEEMS LIKE A HUGE VALUE ADD TO THE NEIGHBORHOOD AND JUST HAVING A COMMON SPACE TO GATHER WITH NEIGHBORS AND PROBABLY VALUABLE. SO IT'S GOING TO KIND OF SIT THERE, WHATEVER, YOU KNOW, AS YOUR, THANK YOU. THANK YOU. UH, THE NEXT SPEAKER LISTED DEBBIE LALA, UH, WILL NOT BE SPEAKING. SO WE'LL GO TO ALISHA MILLER STAR SIX TO UNMUTE ELISA MILLER ON THE LINE. I'LL TRY AND READ IT. OKAY. UM, WE CAN GO TO CORY CREOLE. HI COMMISSIONERS. THANK YOU FOR HEARING US SPEAK TONIGHT. UM, I AM VERY MUCH IN FAVOR OF THE PARK. UM, I AM A MOTHER OF FOUR AND WE LIVE HAVE LIVED IN A HOUSE AND SENATE HILLS SINCE 2007, THAT BACKS DIRECTLY UP TO THIS PARK OR WHERE THE PROPOSED PARK WOULD BE. UM, AND AS A MOTHER OF FOUR BABIES, WE HAVE BEEN DESPERATE FOR A PLACE WHERE WE COULD JUST WALK TO TAKE OUR KIDS OUT. THAT AREA LIKE JIMMY WAS TALKING ABOUT BEFORE HER AND HER AREA HAS BEEN JUST A NOTHING LAND OF GRASS AND WEEDS, AND WE'VE HAD ISSUES HAVING IT MOWED AND JUST ALL KINDS OF THINGS WITH KNOWING THAT WHOLE AREA. AND IT'S JUST BEEN OVERRUN WITH TREES AND GRASS, AND REALLY HARD TO EVEN USE THAT SPACE. AND SO NOW WITH HAVING A PARK, WE'RE ABLE TO UTILIZE THAT SPACE. WE'RE ABLE TO HAVE OUR KIDS' BIRTHDAY PARTIES THERE AND JUST TO ECHO ALL THE SAME THINGS THAT HAVE BEEN TALKING ABOUT WITH HAVING OUR NEIGHBORHOOD NIGHT OUTS, THEY'RE HAVING A PLACE FOR OUR KIDS TO GATHER THERE. WE CURRENTLY RIGHT NOW HAVE TO TRAVEL FIVE, 10 MILES AWAY TO HAVE A PARTY FOR OUR KIDS, WHICH IS KIND OF SILLY. UM, THIS GIVES US JUST A WHOLE LOT OF OPPORTUNITY THAT WE'VE NEVER HAD BEFORE. AND AS OUR KIDS CONTINUE TO GROW UP IN THIS NEIGHBORHOOD, THERE'S JUST SO MANY MORE OPPORTUNITIES THAT CAN COME FROM IT. UM, THE NEIGHBORHOOD BOARD HAS DEFINITELY HAD LOTS AND LOTS OF CONVERSATIONS WITH US AND KEPT US UP TO DATE ABOUT DIFFERENT THINGS THAT THEY'RE CONSIDERING. UM, JUST HOW THINGS ARE PROGRESSING, WHAT KEVIN MORRISON IS SAYING, WHAT WE WERE SAYING. AND I MEAN, FROM START TO FINISH, IT'S BEEN OPEN COMMUNICATION ABOUT EVERYTHING VIA NEXT DOOR, EMAILS, MAIL, OUTS, ALL KINDS OF THINGS. UM, I HAVE NEVER FELT LIKE THERE WAS NOT A TIME WHENEVER I COULD NOT ASK QUESTIONS OR, UM, I DIDN'T HAVE LOTS AND LOTS OF INFORMATION ABOUT WHAT WAS HAPPENING OR WHEN, UM, AND [03:05:01] I WAS ASSUMED BEYOND EXCITED FOR OUR KIDS TO BE ABLE TO PARTICIPATE IN HAVING A PARK BEHIND US, A PLACE FOR THEM TO RUN AROUND. AND EVEN THOUGH THERE'S NOT GOING TO BE A PLAYGROUND THERE, A PLACE FOR THEM TO BE SAFELY IS HUGE. IT'S NOT GOING TO BE GATED, BUT IT'LL DEFINITELY BE AN ACCORD WHERE, WHERE THERE'S LOTS OF VISIBILITY, LOTS OF OPPORTUNITY FOR US TO MONITOR THEN SAFELY. UM, AND IF I HAVE AN OPPORTUNITY TO WORK OUT, THAT'LL BE THERE TOO. SO THANK YOU VERY MUCH FOR YOUR OPERA FOR THIS OPPORTUNITY TO TALK WITH Y'ALL. UM, THE PARK IS DEFINITELY A GOOD IDEA FOR US. THANK YOU. I'LL TRY ALICIA MILLER AGAIN. SEE IF SHE'S BACK. ALL RIGHT, LET'S GO TO DARLENE. STORY-TELL HELLO, GOOD EVENING. MY NAME IS DARLENE STORE AT ALL, AND I AM A RESIDENT OF SENNETT HILLS AND SIMILAR TO MANY OTHERS ON THE CALL. I'VE LIVED HERE SINCE 2007, UM, WHEN THE NEIGHBORHOOD WAS FIRST BUILT. UM, AND I WANT TO, UM, FIRST OF ALL, THANK YOU ALL VERY MUCH FOR THE OPPORTUNITY TO SPEAK TO BEGINNING IN SUPPORT OF THE SNAILS PARK. UM, SO SINCE THE TIME WE'VE LIVED INTO THE NEIGHBORHOOD, MY HUSBAND AND I HAVE HAD TWO KIDS WHO ARE NOW NINE AND SIX, UM, AND SIMILAR TO MR. MILLER AND OTHERS WHO HAVE SPOKEN TONIGHT ARE REALLY ONLY OPTION FOR A SAFE PLAY AREA FOR OUR CHILDREN. UM, OTHER THAN OUR BACKYARD, WHICH IS ON A HILL, UM, INVOLVES GETTING INTO THE CAR AND DRIVING TO ANOTHER PARK SEVERAL MILES AWAY. UM, AND WE'VE HAD MANY BIRTHDAY PARTIES, UM, AT, YOU KNOW, PARKS THAT ARE, IS, ARE DISTANCED FROM US, UM, WHICH IS NOT IDEAL AT ALL. AND I THINK, UM, ESPECIALLY THIS YEAR, UM, WITH COVID-19 AND ALL, YOU KNOW, LIVING IN THIS CORE QUARANTINE WORLD, UM, WE'VE REALLY MISSED NOT HAVING AN AREA CLOSE BY WHERE OUR CHILDREN CAN, CAN GET OUT OF THE HOUSE AND, UM, JUST BE OUTDOORS SAFELY. UM, OVER THE PAST 14 YEARS, SINCE WE'VE LIVED HERE, WE'VE REALLY WATCHED THE IMMEDIATE AREA AROUND SENATE HILLS, UM, REALLY GROW AND MATURE QUITE A BIT, INCLUDING THE DEVELOPMENT OF OTHER NEIGHBORHOODS IN THE EXPANSION OF, UM, HIGHWAY ONE 83 INTO A MAJOR FREEWAY. UM, MEANWHILE, UM, THE EXISTING COMMON AREA OWNED BY SENATE HILLS, UM, THAT SITS BETWEEN SENATE HILLS AND THE NEW DEVELOPMENT, UM, HAS REMAINED PRETTY STAGNANT AND AN UNDEVELOPED STATE. AND TO BE COMPLETELY HONEST, UM, THE LAND TRACK IN ITS CURRENT STATE IS, IS REALLY AN EYESORE AND ATTRACTS DUMPING. UM, AS WELL AS ROAD, IT MAKES SOME OTHER TESTS. IT'S NOT REALLY A GOOD AREA FOR COMMON USE OR GATHERING OR, UM, AN AREA THAT I WOULD SEND MY CHILDREN TO GET SOME OUTDOOR ACTIVITY IN ITS CURRENT STATE. UM, I FEEL LIKE DEVELOPING THIS LAND INTO A PARK WILL PROVIDE A SAFE PLACE FOR CHILDREN TO PLAY AND MEET OTHER CHILDREN. UM, IT WILL ALSO PROVIDE A PLACE FOR FAMILIES AND NEIGHBORS TOGETHER AND THE OTHER NEIGHBORS, AND WILL REALLY HELP UNIFY OUR COMMUNITY AND, AND, UM, OBVIOUSLY INCREASED PROPERTY VALUES. IT WILL ALSO HELP BRING THE SENATE HEALTH COMMUNITY AND THE NEIGHBOR NEIGHBORING NEW COMMUNITY TOGETHER, PROVIDING A SPACE TO GATHER AND GROW TOGETHER AS A COMMUNITY. UM, STUDIES SHOW THAT CHILDREN WHO SPEND TIME OUTSIDE PLAYING IN PARKS AND MORE PHYSICALLY ACTIVE OVERALL AND HAVE HIGHER BRAIN ACTIVITY HELPING THEM ACADEMICALLY AS WELL. UM, CHILDREN, AS MANY OF US KNOW WHO ARE EITHER IN EDUCATION OR PARENTS, THEY DO RECEIVE LIMITED RECESS TIME AT SCHOOL, UM, AVERAGING LESS THAN 30 MINUTES A DAY. SO SOCIALIZATION WITH OTHER CHILDREN WITHIN THEIR NEIGHBORHOOD IS EXTREMELY IMPORTANT. UM, AND I FEEL LIKE MEETING AND PLAYING WITH OTHER CHILDREN IN THE PARK IS ONE OF THE HEALTHIEST WAYS TO PROMOTE SOCIALIZATION FOR CHILDREN OF ALL AGES AND BACKGROUNDS. SO I AM VERY MUCH COMING FROM, UM, PROMOTION FOR MY CHILDREN AND THE NEIGHBORHOOD OVERALL. AND AS OTHERS MENTIONED, THE NEIGHBORHOOD RESIDENTS OVERWHELMINGLY APPROVED THIS PART THROUGH A BOAT. AND SO I'M HOPEFUL THAT YOU ALL WILL APPROVE THE DEVELOPMENT OF THIS PARK AS WELL. THANK YOU FOR YOUR CONSIDERATION. THANK YOU. AND SANDY NAVARRO ON THE PHONE. DEBARO YES. HI, THIS IS SANDY NAVARRO. HI, YOU CAN HEAR YOU. I AM GREAT. I'M AN ORIGINAL OWNER HOMEOWNER AND, UH, SEND IT TO THE HILLS. AND, UM, I LIVE ON TOWER TRAIL WHERE CLOSE THE STREET BEHIND WHERE THE, THE [03:10:01] PARK IS GOING TO BE PROPOSED. AND I'VE BEEN HERE FOR ALMOST 15 YEARS WHEN WE MOVED IN, OUR FAMILY WOULD HAVE LOVED TO HAVE HAD A PARK WHILE CHILDREN WERE YOUNG, BUT EVEN AS MY CHILDREN HAVE GROWN INTO TEENS, THEY'RE STILL REALLY EXCITED ABOUT THE PROPOSED PARK. THEY'RE EXCITED ABOUT HAVING AN AREA THAT THEY CAN KICK A BALL OR EVEN GO PLAY WITH THE FOUR CHILDREN THAT ARE ACROSS THE STREET TO IN SUPPORT OF OUR YOUNG FAMILIES. I THINK THAT AREA WILL INCREASE OUR COMMUNITY SPACE AND IT WILL ALSO GIVE OUR ELDERLY AND AGING RESIDENTS. IT PLAYS TO BE SOCIAL AND ENCOURAGE THEM TO EXERCISE. I THINK THAT THE PARK WOULD INCREASE TRAFFIC IN THE AREA AND REDUCE PEOPLE USING THAT A VACANT LOT OR DRUGS OR ANY UNSAVORY BEHAVIORS. THE PROPOSED PARK WILL, WILL INSTALL LIGHTING AND TRAILS THAT WILL MAKE THE AREA SAFE AND PLEASANT TO THE EYE. AND THE INCREASED TRAFFIC WILL HELP US REDUCE ANY, UM, UNPLEASANT BEHAVIORS THAT MIGHT HAPPEN. I SENT IT HILLS, UH, HAS AN OBLIGATION RIGHT NOW TO MOW THAT VACANT LOT. AND, UM, THE NEW PLAN WILL MAKE THE, THE NEW HOA, UM, RESPONSIBLE FOR MAINTAINING THE PARK AT NO COST OR LOW COST. THE SENATE TILTS THE SENATE HILLS HOMEOWNERS ASSOCIATION HAD A VOTE AND WE VOTED IN FAVOR FOR THE PARK, UH, WITH MANY OF THE RESIDENTS SHOWING THEIR SUPPORT BY PLACING YARD SIGNS IN THEIR YARD, THAT RED, I SUPPORT THE SENATE HILLS PARK. A FEW RESIDENTS ARE AGAINST, AS YOU WILL HEAR SOON ARE AGAINST USING THE COMMUNITY PROPERTY THEY'RE AGAINST THE PARK, BECAUSE RIGHT NOW THERE'S A FEW PEOPLE THAT ARE USING THAT AREA FOR THEIR PERSONAL USE, ALMOST ANNEXING THAT PROPERTY BEHIND THEIR HOUSE, WHICH IS OWNED BY THE COMMUNITY. THIS IS A COMMUNITY PROPERTY. IT'S NOT, IS THERE ANY FINAL THOUGHTS? UM, I AM IN FAVOR OF THE PARK. UH, THE DEVELOPMENT HAS, UM, REPLACED THE FENCING, UH, AND HAS DONE A LOT OF GREAT THINGS. AND I DO BELIEVE THAT THIS IS A GREAT OPPORTUNITY FOR OUR, FOR OUR SUBDIVISION AND I I'M IN FAVOR OF THE PARK. THANK YOU SO MUCH. ALL RIGHT, NOW WE'LL HEAR FROM THOSE WHO ARE OPPOSED. UM, URSULA, CARTER, STAR SIX TO UNMUTE I'M URSULA CARTER. UH, I LIVE IN SPRINGDALE HILL AND AT GOT A, UH, WHAT I WOULD SAY, I GUESS, MARVELOUS VIEW OF THAT AREA, UH, BECAUSE THE SEAT OF BRAKE THAT WAS BEHIND MY HOUSE WAS CUT DOWN FOR THE NEW HOUSES. I'M AFRAID THAT THE NOISE, THE TRAFFIC CALLS BY THE PARK AND ALL WILL BE A DISTURBANCE TO ME ALSO, THERE'S A VERY LARGE PARK RIGHT ACROSS THE STREET, THE FIRST STREET. SO I DON'T SEE THE NECESSITY FOR ANOTHER PARK. DUMMY CAMERAS WILL NOT STOP CRYING. OH, I DON'T KNOW HOW THEY'RE GOING TO GO ABOUT IN FORCING THESE ROOMS. THEY'VE GOT ABOUT NO WEAPONS. AND, UH, SO FOR, UH, EVEN HABIT GOING TO DETERMINE WHO'S ACTUALLY USING IT BECAUSE IT'S GOT EXCESS FROM 51ST STREET AND ONE 83. SO ANYBODY PASSING BY CAN STOP IN. AND UNLESS THEY HAVE SOMEBODY OUT THERE 24 SEVEN, THERE'S NO WAY TO ENFORCE THOSE ROOMS. THERE ARE A NUMBER OF PARKS IN THE AREA. NO, UH, WHEN THAT DEVELOPMENT, UH, THAT'S RIGHT BEHIND MY HOUSE STARTED, I ASKED FOR AN EIGHT FOOT PRIVACY FENCE. WE DID NOT GET EIGHT FOOT FIVE OR SIX FENCES. SO WHATEVER GOES ON, WE WILL GET THE SOUND EFFECTS FROM IT. THAT'S ALL I HAVE TO SAY. THANK YOU. THANK YOU, SCOTT PETERS [03:15:01] ON PETERS AND I HAVE HI. UH, YES. MY NAME IS SCOTT PETERS AND I OBJECT TO THE PLAN PARK. UH, THIS PARK WILL INCLUDE A PAVILION. THEY'LL BE 20 FEET FROM MY PROPERTY LINE, WHICH I DO NOT WANT. I DO NOT WANT THE NOISE. I DON'T WANT THE PARKING ISSUES. AND I DO NOT WANT TO COST A MAINTAINING THIS PARK AND OTHER RESIDENTS NEXT TO THIS PARK, FEEL THE SAME. SO ALSO THIS PARK WILL RESIDE ON A SLOPE DRAINAGE EASEMENT, AND ANY TRAIL THAT ON THIS SITE, WE'LL WE WILL EAT ROAD AND TAYLOR MORRISON HAS ALREADY BUILT A TRAIL FOR US THAT HAS ALREADY IT'S IN COMPLETE DISARRAY. IT'S ERODED THE INSTALLED SOLAR LIGHTS, THE SOLAR LIGHTS DON'T WORK. IT'S BEEN THAT WAY FOR A YEAR. TAYLOR MORRISON HASN'T SHOWN ANY CONCERN ABOUT THIS TRAILER OR ANYTHING. THEY'RE NOT FIXING IT. UH, JUST DON'T CARE ABOUT THE TRAIL. I DON'T THINK THEY CARE ABOUT THE COMMUNITY, HONESTLY. AND BECAUSE OF THIS, I DON'T REALLY TRUST TAYLOR MORRISON. I FEEL THIS PARK WILL IMMEDIATELY GO INTO DISARRAY AND WILL NOT BE MAINTAINED. AND, UH, CO UH, ACROSS THE STREET TO THE CITY'S BUILDING UP THE LITTLE WALNUT CREEK PARK. SO WE DO HAVE A PARK THAT'S IN WALKING DISTANCE THAT WE CAN UTILIZE. SO AGAIN, I OPPOSE THE PARK AND DO NOT WANT THIS PAVILION 20 FEET FROM MY PROPERTY LINE. THANK YOU. I AM GOOD EVENING PLANNING COMMISSION. MY NAME IS ABBY RUIZ, AND I LIVE IN SENNETT HILLS AND I OPPOSE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A PRIVATE PART. I BEGAN SERVING AS VICE-PRESIDENT ON THE SENATE HILLS, HOA BOARD BEGINNING, APRIL 21ST AND 2018, AND EXPERIENCED FIRSTHAND THAT SQL TACTICS, THE DEVELOPER YOUTH, AND ATTEMPTS TO TAKE ADVANTAGE OF OUR NEIGHBORHOODS. UH, YOU SHOULD HAVE SOME EXAMPLES AND AT YOUR, AT YOUR DISCRETION, YOU CAN CLEARLY SEE, UM, ON LETTER A THAT CHRIS LOCKBOURNE OF WATERLOO DEVELOPMENT REACHED OUT TO OUR PROPERTY MANAGEMENT COMPANY AND STATED THAT THE CITY OF AUSTIN HAD ASKED WATERLOO TO TAKE OVER OUR MAINTENANCE OF THE PONDS AND FURTHER AFFIRMED THAT THE CITY NO LONGER WANTED TO MAINTAIN THEM. WE REACHED OUT TO OUR DISTRICT REP AT THE TIME OR HOUSTON FOR CLARIFICATION ON WHY THE CITY WOULD ASK A DEVELOPER TO TAKE OUR RETENTION TIME. LETTER B SHOWS CORRESPONDENCE WITH THE DISTRICT ONE LIAISON FOR OR HOUSTON. WE WANTED TO VERIFY WHAT THE DEVELOPER HAD STATED ABOUT TAKING OUR UPON, AND IT WAS VERIFIED AT THAT TIME THAT THAT WAS NOT TRUE BY THE CITY OF AUSTIN AND ITS VARIOUS DEPARTMENT REPRESENTATIVES THAT WERE INVOLVED. IN ADDITION TO THIS CLAIM, BY WATERLOO DEVELOPMENT, THE DEVELOPER CENTER CREW TO SURVEY THE PONDS WITHOUT OUR PERMISSION, SINCE OUR PONDS WERE LOCKED AND THE CITY OF AUSTIN WATERSHED DEPARTMENT AND THE CITY OF AUSTIN ENGINEERS INSISTED THEY DID NOT SEND THE SURVEY IS DONE. WHEN WE THEN KNEW THE DEVELOPER HELD THEMSELVES TO OUR PONDS, WITHOUT OUR PERMISSION, YOU CAN SEE, UH, AND LET HER SEE THAT RYAN MADDIX OF WILLIAM LYON HOMES REACHED OUT TO US TO CREATE THE URGENCY, UM, TO GET US TO AGREE, TO ALLOW THEM TO USE OUR PONDS. IN ADDITION TO THAT, HE ADDED THE AFFORDABLE HOMES NARRATIVE THAT HE ALSO SHARED WITH THE KAHN SPRINGS AND THE SPRINGDALE NEIGHBORHOOD ASSOCIATION, WHICH WE KNOW NOW IS FALSE. THE FINAL ATTEMPT TO SEIZE OUR PROPERTY WAS THE OFFER OF A PARK TO BE BUILT IN OUR DRAINAGE EASEMENT AND A NEW FENCE THAT OUR FRONT ENTRANCE, RYAN MADDIX OF WILLIAM LYON HOMES CLAIMED THEY WANTED OUR INPUT AND ACTIVE PARTICIPATION IN PLANNING THE PARK. UH, YET THE PARK THAT WAS PRESENTED BY WILLIAM MINE HOMES WAS THE SAME PARK DESIGN FROM WATERLOO DEVELOPMENT. RYAN MADDIX AT THAT TIME ALSO ADMITTED THAT THIS PARK WAS TO FULFILL A MINIMUM OPEN SPACE REQUIREMENTS FROM THE CITY OF AUSTIN. AND THAT THE PLAN WAS TO USE OUR POND FOR DRAINAGE AND OUR DRAINAGE EASEMENT FOR A PARK, NOT ONLY TO USE LESS OF THEIR LAND SO THEY COULD BUILD MORE HOMES, BUT TO USE THE PARK AS A MARKETING TOOL TO SELL THOSE HOMES, THE DEAL WAS THEY WOULD REQUIRE SENATE HILLS TO MAINTAIN OWNERSHIP AND LIABILITY OF THE LAND IN QUESTION, AND THEY WOULD IN RETURN OF COURSE, UTILIZE AND MAINTAIN IT. THIS PARK WAS ORIGINALLY PRESENTED TO US AS A PUBLIC PARK TO BE MAINTAINED BY THE CITY OF AUSTIN PARKS AND REC DEPARTMENT. AS YOU CAN SEE IN LETTER DEED AT THAT TIME, A NEW BOARD WAS ELECTED IN 2019 SINCE THE STATE OF ANDY CRAIL SHERRY STATMAN GAVE BIGGER ALYSSA MORRIS AND BRIAN MILLER, COINCIDENTALLY, FOUR OF THOSE INDIVIDUALS ELECTED TO THE BOARD WITH THE SAME INDIVIDUAL WHO WERE WITNESSED AND RECORDED ATTACKING THE BOARD THAT I SERVED ON PUBLICLY IN HOA MEETINGS AND WAS RESPONSIBLE FOR SPREADING MISINFORMATION TO SPREAD IT. THE ACTUAL INVESTIGATIVE WORK THAT [03:20:01] MY FELLOW BOARD MEMBERS AND I HAD CONDUCTED BASED ON CORRESPONDENCE FROM VARIOUS CITY OF AUSTIN STAFF, UH, THE INSURANCE COMPANY WE REACHED OUT TO AND OUR HOA CHARITY TALK OF BUILDING COMMUNITY FINAL LOT. WELL, YOU KNOW, I CAN GO INTO THE WHOLE PROXIES ABOUT GETTING VOTES FOR THAT PARK, BUT YOU CAN SEE THAT FROM YOUR LETTERS, HE UP IN G WHERE THE PROXY PROXY ISSUERS, UM, DID NOT KNOW THAT THEIR PROXY WAS GOING TO VOTE FOR CERTAIN INDIVIDUALS ON THE BOARD. AND THEY DIDN'T KNOW THOSE PROXIES WERE GOING TO BE USED AGAIN TO VOTE FOR A PARK. THEIR CONCERNS RAISED BY RESIDENTS AND IGNORED OR DOWNPLAYED BY THE NEW BOARD WERE ISSUES OF COURSE, OF NOISE, PRIVACY AND NUISANCES, SUCH AS ANDY CREEL CLAIMED EARLIER, BUT THE PROXIMITY OF A PAVILION TO PROPERTY ON TOWER PROXIMITY OF THE CHILDREN'S PLAYSCAPE, UH, NEXT TO RESIDENCE ON TOWER IN RAYBURN LANE, PROXIMITY OF A HALFWAY HOUSE LOCATED AT FIVE, FOUR, ONE, THREE CONLEY LANE WITH A HISTORY OF DRUG OVERDOSES, OPEN AREA DRUG USE AND COMMON SPACES, OPEN AREAS, SEXUAL ACTIVITY, AND TRESPASSING, INCREASED NOISE AND PROXIMITY TO RESIDENTS ON RAYBURN LANE TOWER TRAIL, AND CONLEY LANES, PROXIMITY OF BARBECUE GRILLS, UH, NEXT TO THE FENCES ON COWER TRAIL. AND OF COURSE THE RISK AND LIABILITY. WE JUST WANTED YOU TO KNOW THE CONCERNS AND DIFFICULTIES. THIS PROPOSED PARK HAS BROUGHT OUR NEIGHBORHOODS SINCE THE HOA BOARD WHO WERE FOR, IN FAVOR OF THE PARK AND REFUSE TO LISTEN TO INDIVIDUALS WHO BROUGHT UP THESE CONCERNS. DESPITE THE HOA BRIEF, A DECLARATION THAT WE WERE NOT IGNORED. UH, MANY OF THE INTERNS, UH, RESIDENTS HAVE AN INTEREST IN RETAINING THE QUIET NEIGHBORHOOD THEY HAVE BOUGHT INTO IN 2007 AND HAS MOVE ON. YES. OKAY. THANK YOU. WELL, I APPRECIATE YOUR TIME AND ATTENTION. THANK YOU. UM, CHIFFON JACKSON, YOUNG STARS. I STILL ON MUTE. I'M SORRY. I'M SORRY. NOW, CAN YOU HEAR ME? YES. OKAY. SORRY. UM, I'M CHIFFON AND I'VE BEEN HERE SINCE 2007 AND I AM RIGHT ON TOWER FACE IN THE OPEN AREA CURRENTLY. AND, UM, I OPPOSED TO THE PARK ONE. WHEN I MOVED INTO THE NEIGHBORHOOD, I WAS NOT LOOKING FOR A FAR TO BE AND THE NEIGHBORHOOD I ENJOY THE PEACE AND QUIET THAT WE DO CURRENTLY HAVE. AND WITH THE PARKS COME IN AND THERE'S PLENTY OF PARKS AROUND IN THE NEIGHBORHOOD THEY WAS BEING USED PRIOR TO COMING INTO SENATE HILLS. AND I'M SURE THAT IT CAN STILL BE AVAILABLE UP ON. SO I AM OPPOSED INTO THE PARK AND SPEAKING FOR OTHER RESIDENTS WHO CANNOT SPEAK CURRENTLY, UM, ARE OPPOSED TO IT ALSO DEALING WITH THE TRAFFIC WOULD HAVE TO BE DEALING WITH, UM, COMING INTO THE NEIGHBORHOOD, COMING OUT, CURRENTLY PEOPLE EVEN PASS UP, STOP SIGNS NOW. SO WE'RE STILL PROBABLY GOING TO GET WORSE IN THAT AREA. SO I CURRENTLY OPPOSE THE PARK AND OTHER REASONS DUE TO LIES THAT WE'VE BEEN TOLD. UM, AND JUST A LOT OF THINGS THAT'S NOT TRUE. THAT'S GOING ON HERE IN THIS NEIGHBORHOOD. SO I DO OPPOSE TO THE PARK. THANK YOU. I HAVE ONE SPEAKER. UM, ETHAN HAM. OKAY. STAR SIX TO UNMUTE. HELLO? CAN YOU HEAR ME? YES. HI. YOU CAN GO. ALL RIGHT. THANK YOU. UM, YEAH, THANKS FOR LISTENING TO US TODAY AND ALL OUR, UM, ALL THE DIFFERENT CONCERNS. UM, I'M ON TOWER TRAIL AND A LONG TIME RESIDENT. UM, AND I WAS JUST, I JUST HAD A QUESTION. I DID THAT WASN'T AN OPPOSITION OR FOR, UM, JUST THAT THE FACT THAT IS THE PARK GOING TO BE CLASSIFIED AS PRIVATE OR PUBLIC. THAT WAS JUST MY CONCERN AND A QUESTION I HAD TODAY. I'VE HEARD FROM, I'VE HEARD BOTH SIDES OF THE STORY, SO I JUST WANTED SOME CLARIFICATION. THAT'S IT. THANK YOU. THANK YOU. MAYBE ONE OF THE COMMISSIONERS WILL ASK THAT QUESTION. UM, SO LET'S GO BACK TO THE APPLICANT, ANDREW CREOLE FOR A BOTTLE. CAN YOU ALL HEAR ME? YES, YOU CAN GO. [03:25:02] UH, THANK YOU, UH, TO START WITH ADDRESSING ETHAN'S QUESTION, UH, THIS IS A PRIVATE PARK. THE LAND OF THE PARK IS CONSTRUCTED ON, IS GOING TO BE RETAINED AND THE OWNERSHIP OF SENATE HILLS HOA AS IT STANDS TODAY. UH, THERE ARE SOME, UH, THERE IS SOME RIGHT AWAY ON EITHER END OF THE PARK WHERE THOSE THE DEAD ENDS ARE, BUT THAT IS THE ONLY PUBLIC PORTION ASSOCIATED, UH, WITH THE PARK. THE VERY LARGE MAJORITY, A LITTLE LESS THAN AN ACRE OF LAND IS RETAINING PRIVATE OWNERSHIP, UM, TO ADDRESS SOME OF THE COMMENTS THAT WERE MADE. UM, FIRST OFF, I COMPLETELY SYMPATHIZE WITH A LOT OF THE COMMENTS THAT WHEN YOU HAVE A NEW NEIGHBORHOOD COMING IN, UH, ADJACENT TO YOURS, THERE'S DISRUPTION, THERE ARE NEW NEIGHBORS AND ALL OF THE IMPACTS THAT COME WITH NEW NEIGHBORS, INCLUDING, UH, SOME TRAFFIC AND IT IS UNPLEASANT. UM, IT'S KIND OF THE NATURE OF LIFE. YOU KNOW, UNFORTUNATELY THIS DEVELOPMENT WAS COMING, WHETHER WE LIKED IT OR NOT, IT REALLY WASN'T MUCH WE COULD DO OVERALL TO STOP IT. THE BEST WE COULD DO WAS GET AS MUCH BENEFIT OUT OF IT AS WE COULD FOR THE RESIDENCES OF OUR COMMUNITY TO HELP OFFSET THE IMPACTS OF THE INCOMING DEVELOPMENT. AND THAT'S WHAT WE DID. UM, THE WALNUT CREEK PARK ACROSS THE STREET IS CALLED A PARK, BUT IT'S REALLY A GREENBELT. THERE'S NOT REALLY ANY DEVELOPMENT. THEY JUST STARTED ON A TRAIL HEAD ON SPRINGDALE ROAD, WHICH IS QUITE A WAYS AWAY FROM OUR COMMUNITY. THERE IS A MASTER PLAN, BUT THERE'S NOT A WHOLE LOT OF FUNDING TO COMPLETE THAT MASTER PLAN, UH, TO DATE. AND SO IT IS EXPECTED TO BE QUITE AWHILE BEFORE THAT PARK BECOMES A PARK, UH, OR A PARK-LIKE SETTING THAT PEOPLE FEEL SAFE AND COMFORTABLE HAVING KIDS RUNNING AROUND IN, UM, TO SPEAK TO THE, THE CURRENT TRAIL. YES, THERE IS SOME EROSION DAMAGE FROM HEAVY RAINS. WE HAVE BEEN IN CONTACT WITH TAYLOR MORRISON. THEY ARE NOT SHIRKING THEIR RESPONSIBILITY. IF THEY HAVE REPAIR SCHEDULED BOTH TO THE TRAIL AND TO THE SOLAR BALLERS THAT ARE NOT FUNCTIONING. THOSE SOLAR VOLATILE BALLERS ARE NOT FUNCTIONING BECAUSE OF VANDALISM. SOMEBODY TOOK A ROCK TO THE TOP OF THE SOLAR BOLLARDS, UH, AND SOMETIMES EVEN, UH, ANTICIPATED TO BE REPLACED SHORTLY. UM, AS FAR AS THE PEOPLE TACTICS FROM THE DEVELOPER, I COMPLETELY DISAGREE THAT I THINK THE DEVELOPER WAS PRETTY STRAIGHTFORWARD WITH THEIR INTENTIONS FROM THE START NOBODY WAS TAKING OUR PONDS. UH, THOSE PONDS WERE BEING MAINTAINED BY THE CITY OF AUSTIN AND IN THE CITY OF AUSTIN WAS SIMPLY LOOKING TO DEFER THEIR MAINTENANCE OBLIGATION TO AN INCOMING DEVELOPER, TO REDUCE THE MAINTENANCE BURDEN ON THE TAXPAYERS IN THE CITY OF AUSTIN. UH, IN ADDITION, I'M PERSONALLY KNOW THERE ARE AFFORDABLE HOMES THAT HERE, THESE, THIS IS A COMMUNITY THAT WAS INTENDED TO BENEFIT STAFF OF AUSTIN ISD. I CAN'T REMEMBER THE EXACT NUMBER, BUT IT'S SOMETHING IN THE RANGE OF 20% OF THE HOMES ARE, UH, UNDER MARKET VALUE FOR MADE AVAILABLE FOR AUSTIN ISD STAFF. UM, THE OPEN SPACE REQUIREMENTS WERE NOT FULFILLED BY THIS PARK. UH, THE DEVELOPER PAID FEE IN LIEU OF PARKLAND DEDICATION AND BUILT A PEDESTRIAN SIGNAL ACROSS 51ST STREET, UH, PER PARTS REQUIREMENTS, UM, UH, ATTACKING, UH, HOMEOWNERS IS A PRETTY STRONG WORD AS WITH ANY HOA MEETING. THERE ARE SOME VERY PASSIONATE DISCUSSION THAT HAPPENS ON THESE SUBJECTS. UM, I CAN SAY THERE WERE NO ATTACKS MADE. UH, THERE WERE SOME THINGS, THERE WAS A LITTLE BIT OF YELLING ON OCCASION, UH, BUT, UH, NOTHING MORE THAN IT IS TO BE EXPECTED FROM TYPICAL NEIGHBORHOOD DRAMA. UM, AND A FEW OTHER THINGS I'LL LEAVE OFF, UH, ALL THIS TO SAY THE COMMUNITY IS OVERWHELMING AND BE IN SUPPORT OF THIS. THE, THERE WAS AN ATTORNEY CERTIFICATION OF THE VOTE. SO IF THERE ARE ALREADY QUESTIONS OF ANY IMPROPRIETY AND THE VOTE PROCESS, THERE WAS ACTUAL ATTORNEY REVIEW OF THE ABIDING DOCUMENTATION AND PROCESS THAT CERTIFIED THE RESULTS IN THE END 76 IN FAVOR 29. AGAIN, THANK YOU. OKAY. UM, WE'VE HEARD FROM ALL OF OUR SPEAKERS. CAN I GET A MOTION TO CLOSE PUBLIC HEARING? A MOTION BY COMMISSIONER IS OUR SKID BY MITCH OR HOWARD. ALL THOSE IN FAVOR. ALRIGHT, WE'VE GOT 12, UH, OR SORRY, 11 COMMISSIONER THOMPSON'S OFTEN DIES. OH, I SEE. 12 HE'S BACK. ALL RIGHT. UM, LET'S START WITH ANY QUESTIONS. UH, COMMISSIONER MUCH TALLER. SO SOME BACKGROUND, UM, I'VE SAT ON PARKS AND REC SINCE SEATTLE, WHEN WE LIVED THERE AND I STEPPED OFF MY POSITION AS PRESIDENT OF THE RIVER PLACE, HOA, WE HAVE 1200 HOMES OUT HERE. WE HAVE A PARK SYSTEM THAT IS SUPPORTED BY AN AD VALOREM TAX ON THE RESIDENTS. AND SO I HAVE A GREAT DEAL OF APPRECIATION FOR WHAT THE NEIGHBORHOOD [03:30:01] IS DOING. I HAVE A GREAT DEAL OF APPRECIATION FOR WHAT THE DEVELOPER IS DOING, AND I'D LIKE TO SEE A LOT MORE OF THAT AS DEVELOPERS COME IN AND NEIGHBORHOODS, UM, UH, RECOGNIZE YOU'RE NOT GOING TO PLEASE EVERYBODY HAVING BEEN AN HOA PRESIDENT. I UNDERSTAND THEY'LL ALWAYS BE AT LEAST ONE VOICE IN OPPOSITION. HAVING HAD SOME EXPERIENCE ON PARKS. UH, I DO HAVE A QUESTION AND WE HEARD THIS FROM ONE OF YOUR COMMENTERS. UH, SO I DON'T KNOW WHETHER THIS WILL GO TO THE APPLICANT OR SOMEBODY REPRESENTING THE HOA. MY FIRST QUESTION IS WITH IT BEING LABELED A PRIVATE PARK. UM, COULD, COULD SOMEBODY PLEASE CLARIFY WHAT THE INTENTIONS ARE OF THIS PARK SPACE TO BE PRIVATE? I UNDERSTAND VERY CLEARLY THAT YOU HAVE CONTAINED THE COST AND HAVE A METHOD TO DO THAT, THAT DOESN'T COME BACK ON THE CITY OR THE PARKS DEPARTMENT, BUT IN TERMS OF THE PARK ITSELF, IT SOUNDED LIKE THERE WERE SOME QUESTION AND I'M LEFT QUESTIONING ALSO. THANK YOU. DO WE HAVE THE APPLICANT, MR. UM, MR. CREEL? YES. UH, SO I AM THE, THE CURRENT AND PAST PRESIDENT OF, UH, SUNNY HILLS HOA. AND AS I MENTIONED BEFORE, SENATE HILLS HOA IS RETAINED OWNERSHIP OF THIS TRACT OF LAND. UH, IT IS ONLY THE MAINTENANCE OBLIGATIONS THAT HAVE BEEN DEFERRED TO THE INCOMING DEVELOPER TAYLOR MORRISON HOMES. AND THEN EVENTUALLY THE FUTURE HOA ONCE THE DEVELOPER, THE DEVELOPMENT IS BUILT OUT IN FULL, THERE IS A, UH, RECORDED AGREEMENT, UH, BETWEEN US AND, UH, TAYLOR MORRISON AND THEIR FUTURE HOA. UH, PROBABLY I'M GOING TO CUT YOU OFF CAUSE WE'RE ON, I'M ON A, I'M ON A TIMELINE. UM, I HAVE A TIME LIMIT, RIGHT? MY QUESTION IS IN TERMS OF MAKING IT PRIVATE, UM, THE, THE PARKLAND ITSELF. SO IF I LEFT MY NEIGHBORHOOD AND DROVE OVER TO YOUR NEIGHBORHOOD AND PARKED ON THE STREET, YOU KNOW, HOW DOES THAT PARK BECOME PRIVATE? SURE. SO, UH, YOU COULD CERTAINLY PARK ON THE STREET THAT'S PUBLIC RIGHT OF WAY. UH, NOBODY CAN STOP YOU THERE. UM, BUT, UH, IF YOU WERE TO ENTER THAT PARK, UM, AND LET'S SAY BEGIN TO CAUSE TROUBLE IN SOME CAPACITY OR ANOTHER, UH, YOU MIGHT BE CONFRONTED AND ASKED IF YOU'RE A RESIDENT OF OUR COMMUNITY. AND IF NOT, YOU CAN BE POINTED TO THE RURAL SIGN POSTED ON EITHER END OF THE PARK THAT, UH, THAT CLEARLY INDICATES THAT THIS PARK IS FOR RESIDENTS OF SENNETT HILLS AND PARK AT 51 EAST AND THEIR GUESTS ONLY IF THAT DOES NOT WORK, THEN THE POLICE MAY BE INVOLVED AT THAT POINT. IF THE, UM, IF THE, UH, OFFENSES AGREGIOUS ENOUGH, UH, WE CERTAINLY DON'T INTEND TO GO AND CONFRONT EVERYBODY THAT COMES INTO THIS PARK, IF NOBODY'S CAUSING A PROBLEM, YOU KNOW, THERE'S, THERE'S NO REASON TO CAUSE ANY CONFRONTATION, BUT YOU KNOW, THIS IS KIND OF LEFT AS A MEASURE TO, UH, TO BE REACTIVE IN CASE OF, UM, SOME SITUATION. OKAY. AND THEN, UM, THE PARK IS BEING CONSTRUCTED FOR THE BENEFITS OF THE SENATE PHIL'S NEIGHBORHOOD AND ALSO THE NEW TAYLOR MORRISON DEVELOPMENT. CAN SOMEBODY LET THE COMMISSION KNOW HOW MANY, UM, WHAT, UH, HOUSEHOLD COUNT OR HOME COUNT WILL BE BENEFITING FROM THE PARK FROM THE TWO NEIGHBORHOODS, THREE HOMES, AND IT'S 153 HOMES, SENNETT HILLS, AND 100 HOMES IN PARK AT 51, EAST 253 TOLL. OKAY. AND THERE WAS SOME DISCUSSION ABOUT ANOTHER NEIGHBORHOOD POTENTIALLY WANTING TO BE MEMBERS OF THIS PARK AS WELL. THERE, I THINK THERE WAS SOME DISCUSSION FROM RESIDENTS IN THE NEIGHBORHOOD TO THE SOUTH. UH, UNFORTUNATELY THERE IS, THERE'S TRULY NO ACCESS FROM THE SOUTH TO THE NORTH, FROM THE NEIGHBORHOOD TO THE SOUTH. THAT THAT IS, THAT TAKES ACCESS FROM MLK. THIS IS THESE TWO NEIGHBORHOODS ARE ISOLATED ON 51ST STREET. THERE'S NO ACCENT. OKAY. THOSE ARE ALL MY QUESTIONS. THANK YOU VERY MUCH. OKAY. ANOTHER COMMISSIONER WITH QUESTIONS. YES. TO THE, TO THE PLAN THAT WE DID NOT ASK TO BE INVOLVED. OKAY. THANK YOU, COMMISSIONER CZAR. THANK YOU, CHAIR. UM, SO MY QUESTION IS TO MR. CREEL AS WELL. SO IF I'M HEARING THIS, THAT THE BARK IN ITSELF IS ESSENTIALLY PRIVATE IN THAT IT CAN OWN, IT IS MEANT TO ONLY BE USED BY THE EXISTING NEIGHBORHOOD TODAY AND POTENTIALLY THE FUTURE NEIGHBORHOOD THAT WILL BE CONSTRUCTED. AM I CORRECT? IN MY UNDERSTANDING OF THAT, THAT'S CORRECT. UH, AGAIN, A TOTAL OF 253 [03:35:01] HOMES IN ITS ULTIMATE CONDITION. AND SO IF SOMEBODY FROM THE SPRING DEALS NEIGHBORHOOD OR ELSEWHERE WANTED TO USE IT, THEY MIGHT BE ABLE TO USE IT IF NOBODY NOTICES IT, BUT DEFINITELY THEY'RE NOT ALLOWED TO USE IT. YES. I MEAN, IF YOU WERE TO ARGUE THE TECHNICAL SIDE OF IT. SURE. BUT YOU KNOW, I DON'T THINK ANYBODY IN THESE COMMUNITIES IS GOING TO START WALKING AROUND A PARK, CONFRONTING PEOPLE AND ASKING THEM IF THEY LIVE THERE OR NOT, IF THEY'RE NOT CAUSING A PROBLEM, YOU KNOW, THIS ISN'T TO BE A COMMUNITY. THANK YOU. SO IS THIS REQUIREMENT THEN THAT IT IS ONLY FOR THESE DO 52 HOMES? IS THAT IN HOA REQUEST OR IS THE DEVELOPER REQUIRING THAT IT WAS A MUTUALLY AGREED UPON CONDITION? WAS THERE ANY SITE THAT PARTICULARLY INITIATED THAT DISCUSSION? I DON'T THINK SO. I THINK A LOT OF, UM, IF I REMEMBER CORRECTLY, A LOT OF THE, UH, IDEA OF A PRIVATE PARK ORIGINATED AROUND CONCERNS OF CRIME AND POTENTIAL, UH, HOMELESSNESS AND OTHER OTHER FACTORS THAT MIGHT, YOU KNOW, IMPACT THE PARK IF IT WERE A PUBLIC PARK IN. SO I THINK GENERALLY WE WERE TRYING TO STEER TOWARDS A PRIVATE PARK TO RETAIN SOME OF OUR PRIVATE PROPERTY RIGHTS, UH, TO ADDRESS SOME OF THOSE CONCERNS. SO QUESTION, I GUESS IF SOMEBODY WAS, YOU KNOW, DOING SOMETHING LIKE HARASSING FOLKS OR SOMETHING THAT WOULD NOT BE ALLOWED IN A PUBLIC PARK EITHER, BUT IF I'M UNDERSTANDING THIS CORRECTLY, THE INTENT BEHIND THIS WAS REALLY DOING SURE. OR CAN YOU JUST SPEAK TO THE INTENT OF WANTING A PRIVATE PARK AS OPPOSED TO PUBLIC PARK AGAIN? YEAH. KRISTEN BLACKBURN, IF I COULD JUST JUMP IN REAL QUICK. UM, WHEN WE WERE GOING THROUGH THE ENTITLEMENT PROCESS WITH THE CITY OF AUSTIN, UH, WE HAD A DISCUSSION WITH THE PARKS DEPARTMENT ABOUT A PUBLIC PARK IN THE AREA, AS A DEVELOPMENT, YOU HAVE A PARKLAND REQUIREMENT OF SOME SORT, EITHER A FEE IN LIEU OR DEDICATION OF LAND, THE CITY OR THE PARKS DEPARTMENT BECAUSE OF THE WALNUT CREEK PARK ACROSS THE STREET. DID NOT HAVE ANY INTEREST IN A PUBLIC PARK IN THE AREA OF THE NEW DEVELOPMENT. WELL, I, I JUST, JUST TO MAKE SURE THAT I AM STAYED WITHIN MY TIME, I UNDERSTAND THAT THE BARKS DEPARTMENT MIGHT NOT REQUIRE IT OR MIGHT NOT BE TAKING OVER ITS MAINTENANCE, BUT I'M JUST TRYING TO UNDERSTAND WHAT IS THE INTENT OR WHY WAS THE DECISION MADE AMONGST THE HOA AND THE DEVELOPER TO MAKE SURE THAT THIS REMAINS A PRIVATE PARK IN THAT OTHER FOLKS COULD NOT COME TO IT OR THAT AT LEAST IT'S NOT ALLOWED? WELL, UH, I GUESS THE SHORT ANSWER WOULD BE, IT'S A, IT'S A, IT'S A PIECE OF LAND BETWEEN TWO COMMUNITIES OWNED BY ONE OF THE HOS ALLOWING THE GENERAL PUBLIC TO ACCESS IT. BUT IT'S PRIVATELY MAINTAINED BECAUSE THERE WOULD BE NO CITY MAINTENANCE. UM, WHAT WAS ONE OF THE FACTORS THAT WOULD HAVE COME INTO PLAY THERE? IT JUST, HONESTLY, IT PROBABLY WASN'T, UH, ON THE RIGHT ARM TO SAY, OH, WELL, DO WE WANT TO BUILD A PUBLIC PARK, THIS PRIVATELY MAINTAINED? I'M NOT SURE THAT I KNOW I HAVEN'T SEEN THAT ANYWHERE ELSE. I DON'T, I JUST, FRANKLY DON'T KNOW, OR AT LEAST HELP ME WITH THIS. I WAS JUST GOING TO SAY, MINOR UNDERSTANDING IS SUCH BARKS DO EXIST IN LARGE PARTS OF OUR CITY. AND OKAY. I'M HEARING THAT THE GUESTS THAT IS INDEED TRUE, THAT WE HAVE PRIVATELY MUNDANE PARKS THAT ARE PUBLIC FOR PUBLIC USE. SO I JUST WANT TO CLARIFY THAT. AND I GUESS WHILE I STILL HAVE TIME, I DON'T KNOW IF I'M RUNNING OUT, BUT JUST ONE LAST QUESTION, I THINK YOU ALREADY ANSWERED, BUT I JUST WANT TO CONFIRM THAT THIS WOULD IN NORWAY RELEASE GRANT HOA FEES FOR WITHIN YOUR OWN NEIGHBORHOOD. YEAH. THANK YOU. GOOD QUESTION. UH, NO. IN IN FACT, UM, A LOT OF THE EXISTING MAINTENANCE, UH, THAT, THAT WAS MAINTENANCE OF THE PROPERTIES THAT WERE BEING MAINTAINED BY THE SENATE HILLS, HOA ARE NO LONGER BEING MAINTAINED BY THE CITY, BY THE HOA. AND SO IN FACT, THIS AGREEMENT IS HELPING US, UM, YOU KNOW, DEFER COSTS. UH, SO THERE ARE LITERALLY NO, UH, COST OBLIGATIONS FOR SENATE HILLS HOA ASSOCIATED WITH THIS PARK. THANK YOU FOR THAT CLARIFICATION. THAT'S ALL MY THANK YOU. BEFORE WE MOVE ON TO THE NEXT COMMISSIONER, I JUST NEED TO GET A MOTION TO EXTEND TIME PAST 10. I MAKE A MOTION TO GO TO THEN 22ND COMMISSIONER COX, ALL THOSE IN FAVOR ANANYMOUS OKAY. I SAW MR. COX AND THEN COMMISSIONER SHEA. I JUST HAVE ONE QUESTION FOR STAFF. UM, I APOLOGIZE FOR [03:40:01] PROBABLY WAKING YOU UP, BUT, UM, IS THE DECISION THAT WE'RE MAKING FOR THIS. BASICALLY, IF WE APPROVE IT, WE'RE ALLOWING AN HOA AND A DEVELOPER TO GO IN AND MOW A VACANT LOT, BUILD SOME TRAILS, BUILD A LITTLE PAVILION, BUILD A LITTLE PLAY AREA, OR DENY THE REQUEST AND FORCE THEM TO KEEP IT AN UNDEVELOPED OVERGROWN LOT. IS THAT, IS THAT THE DECISION WE'RE FACED HERE, THAT'S FOR STAFF AND I GUESS I DIDN'T WAKE STUFF UP MRS. ROSEMARY ABILA WITH THE DEVELOPMENT SERVICES, IT TAKES A WHILE TO UNMUTE. UM, SO YOU ARE VOTING ON A CONDITIONAL USE FOR THE PARK, UM, TO ALLOW THE DEVELOPER TO, UM, BUILD THE PARK AND HAVE THAT USE, OR YOU CAN DENY IT AND IT STAYS AN OPEN SPACE UNTIL ANOTHER APPLICATION COMES IN. IF THEY GET DENIED TONIGHT, THEN, UM, THEY CAN'T REAPPLY FOR THE SAME USE FOR A YEAR. UM, AND YOU CAN ALSO SET, UM, CONDITIONS ON A CONDITIONAL USE PERMIT. OKAY, THANK YOU. YOU'RE WELCOME. SO ONE OF THE QUESTIONS, SO, UM, AND THIS IS TO THE APPLICANT. I MEAN, YOU MENTIONED QUITE A FEW RESTRICTIONS ON IT FROM HOURS OF OPERATIONS, YOU KNOW, ALL, ALL THAT DIFFERENT THINGS LIKE GROUPS OF WHATEVER AUDIT, BUT I MEAN, HOW ARE YOU ENFORCING THAT AND WHERE DO WE SEE THAT? IS IT GOING TO, BECAUSE THIS IS A CONDITIONAL USE SITE PLAN. IS THIS GOING TO BE PUT ON THAT CONDITIONAL SITE, A CONDITIONAL USE SITE PLAN? IS THAT CORRECT? ALL THOSE PIECES OR IS THERE A SEPARATE DOCUMENT? IS IT AN HOA? W W WHERE IS THIS ALL GOING TO BE? YEAH, ABSOLUTELY. A GREAT QUESTION. UH, THERE IS, UH, FIRST OFF A SET OF RULES THAT HAVE BEEN APPROVED FROM, UH, AS PART OF THIS AGREEMENT, DOES RULE SIGNS WILL BE POSTED ON EITHER END OF THE, OF THE SITE. UM, THE ACCESS TO THE SITE IS KIND OF NARROW. SO YOU KIND OF HAVE TO PASS THE FINES TO GET TO IT. THIS IS ALSO A DEED RESTRICTED COMMUNITY. SENATE HILLS IS INCLUDING THIS COMMON SPACE PARCEL AND THROUGH OUR CONDITIONS, COVENANTS CONDITIONS AND RESTRICTIONS THAT GIVES, UH, THE HOA, THE, UH, THE LEGAL RIGHT TO, TO IMPLEMENT RULES ON COMMON SPACE PROPERTIES AND SEE THOSE, UH, THOSE RULES, UH, ENFORCE. OKAY. AND THEN, BECAUSE THIS IS, UM, I MEAN, MY UNDERSTANDING THE PONDS ARE THERE, THOSE ARE DETENTION PONDS OR WATER QUALITY PONDS, IS THAT CORRECT? THAT'S CORRECT. THEY'RE ON THE OPPOSITE SIDE OF SENATE HILLS. SO THEY'RE ON THE EAST SIDE OF SENATE HILLS. IT IS A DETENTION AND, UH, WATER QUALITY TREATMENT POND. AND THIS TRACKING QUESTION IS ON THE FAR WEST SIDE OF THE SAND HILLS NEIGHBORHOOD. OH. SO IT'S NOT THE, THE PONDS THAT WE'RE TALKING ABOUT. AREN'T PART OF THIS THEY'RE, THEY'RE NOT CONTIGUOUS. NO. OH, OKAY. YEAH. I KNOW MY CONCERN WAS MOSTLY THE SAFETY BECAUSE OF YOUR TURNING INTO, YOU KNOW, INCORPORATING PUBLIC USE AROUND A POND. I MEAN, THERE'S, THERE'S A LOT OF, UM, YOU KNOW, LIKE SAFETY PRECAUTIONS THAT NEED TO BE PLACED THEN, UM, THE OTHER QUESTION IS I AGREE, BUT NO, THERE'S A LARGE, UH, BARBED WIRE OR A CHAIN LINK FENCE AROUND THE PONDS RIGHT NOW. THAT'S, THAT'S A GATED. OKAY. AND THEN, UM, SO CURRENTLY WE'RE VOTING, UH, WE, WE'RE NOT VOTING ON THE CONDITIONING USE SIDE PLAN RIGHT NOW, IS THAT CORRECT? WE'RE JUST FOR THE USE, THAT'S IT? IS THAT CORRECT? MAYBE STAFF CAN CLARIFY. I MEAN, BECAUSE THE SITE PLAN, WE'RE NOT, ARE WE VOTING ON THE SITE PLAN OR ARE WE VOTING ON THE USE TO, SO THEY CAN DO THIS BECAUSE, UM, I'M TRYING TO UNDERSTAND IF WE'RE VOTING ON THE ACTUAL CONDITION YOU SITE PLAN RIGHT NOW, OR IS IT JUST, THIS IS ROSEMARY FROM DEVELOPMENT SERVICES. UM, YOU ARE ACTUALLY VOTING ON THE CONDITIONAL USE PERMIT, WHICH IS A SITE PLAN TO CONSTRUCT. OKAY. SO THE SITE PLAN IS THE ONE THAT'S BEEN PRESENTED TO US. IS THAT CORRECT? CORRECT. IT IS, UH, UM, UH, YOUTH PLUS CONSTRUCTION. OKAY. OKAY. ALL RIGHT. SO MY UNDERSTANDING, CAUSE TYPICALLY YOU CAN LIST ALL THOSE RESTRICTIONS ON THIS, BUT WHAT YOU'RE TELLING ME NOW IS THAT ALL THOSE RESTRICTIONS THAT YOU'RE TALKING ABOUT, IT'S ALL GOING TO BE REFERRED TO THE HOA, UH, DOGS THEN, UM, THEN ON THE SIDE PLAN, I MEAN, ARE THERE, I MEAN, I WAS LOOKING AT THE PARKING SPACES, ARE THOSE ACTS, ARE THOSE ACCESSIBLE SPACES? I MEAN, CAUSE THE, FOR APPROVING A SITE PLAN NOW, THEN WE NEED TO DIVE INTO THE SITE PLAN, ET CETERA. UM, BUT ARE THOSE ACCESSIBLE PARKING SPACES? I MEAN, HOW ARE WE HANDLING ACCESSIBILITY ON THAT? I MEAN, THEY LOOK LIKE [03:45:01] THEY'RE PARALLEL PARK AND THAT'S IT. SO I THINK HANNAH REIMER'S STILL ON HERE IS SHE IS I'D ENCOURAGE HER TO CHIME IN, BUT IF SHE'S NOT, I THINK I CAN SPEAK TO THAT. OKAY. RIGHT TIME. LET ME SHARE, SAY A SCENARIO AND ANOTHER COMMISSIONER THAT WANTS TO PICK UP THAT QUESTION. MR. CONNOLLY, I CAN CONTINUE THE QUESTION. UM, ARE THE PROPOSED PARKING SPACES ACCESSIBLE? IS THAT CORRECT? ARE THEY DESIGNED FOR ACCESSIBILITY? UM, THIS IS CHRIS BLACKBURN. UH, WHEN WE WENT THROUGH THE SITE PLAN APPROVAL REVIEW AND APPROVAL PROCESS WITH CITY OF AUSTIN STAFF THAT REVIEWED THAT INITIALLY DID NOT WANT, UH, UH, IT WAS SET UP WHERE YOU COULD HAVE PULL IN AND BACK OUT PARKING JUST BECAUSE THERE'S EXISTING RIGHT AWAY, THAT STUBS INTO THIS TRACT OF LAND. UH, AND WE HAD PROPOSED DOING THAT. UH, STAFF CAME BACK AND SAID THEY DID NOT WANT THAT. THEY JUST WANTED A COUPLE OF PARALLEL SPOTS ON EITHER END OF IT. AND SO THE PLAN SHOWS THE DEMOLITION OF THE EXISTING TWO SECTIONS OF RIGHT AWAY AND THE CONSTRUCTION OF A COUPLE OF PARKING SPOTS ON EACH END, PARALLEL PARKING, UH, JUST ADJACENT TO THE PARK. OKAY. ALL RIGHT. THANK YOU. AND UH, I WANTED TO ASK A QUESTION TO TAKE THIS BACK TO STAFF AND REVISIT THE QUESTION OF THE PUBLIC OF THE PARK IS PUBLIC SPACE. UM, UH, IF SOMEONE WANTS TO ASK CAN HELP ME UNDERSTAND IF THERE IS NO, UH, NOTHING, NOTHING STOPS THIS PART FROM JUST BEING OFFICIALLY DECLARED A PUBLIC SPACE. UM, DO WE HAVE THE ABILITY, UH, AS A PLANNING COMMISSION TO PUT FORWARD A MOTION THAT INVOLVES MAKING THE PARK PUBLIC, ARE WE ALLOWED TO DO THAT? THIS IS ROSEANNE WITH THE CITY. UM, I'M NOT SURE YOU CAN PUT THAT CONDITION OF CHANGING THE YOUTH. UM, PUBLIC COMMUNITY RE RECREATION IS A DIFFERENT USE. I WOULD ACTUALLY HAVE TO GO BACK TO STAFF AND VERIFY THAT CAN BE A CONDITION OR NOT. IS THERE ANY WAY WE CAN GET THAT ANSWER TONIGHT? YES, I CAN FIGURE THAT OUT RIGHT NOW. ALL RIGHT. THANK YOU. PRETTY THAT'S REALLY THE ONLY QUESTION I HAVE. I DON'T KNOW IF SOMEONE ELSE WANTS TO USE MY SPACE MY TIME. UM, THAT'S MY MAIN QUESTION. HI, THIS IS CHRIS BLACKBURN. I'LL JUST ASK THE QUESTION BACK. CAN PRIVATE PROPERTY BEADS PROPERTY BE DESIGNATED AS A PUBLIC OPEN SPACE? YES. ACCESSIBLE OPEN SPACE AND THAT'S QUITE OFTEN, YES. SO LET ME, LET ME, UH, YOU KNOW, HELP FRAME THE QUESTION. UH, YOU KNOW, SOMEONE IS IN THE NEIGHBORHOOD USING THE PARK, MINDING THEIR OWN BUSINESS AND SOMEONE TO CALL THE POLICE ON THEM. SO HAPPENS. THEY DON'T LIVE IN THE NEIGHBORHOOD. IS THAT PERSON NOW, UH, TRASH TRESPASSING AND LIABLE TO FACE SOME KIND OF HARM FOR JUST EXISTING IN THAT SPACE. SO I ACTUALLY HAD A CONVERSATION WITH AUSTIN POLICE DEPARTMENT, A DISTRICT REPRESENTATIVE ON THE SUBJECT OF THIS AND THEIR APPROACH IS THAT IF, UH, IF THAT EXACT INCIDENT WERE TO OCCUR, THEY WOULD APPROACH, UH, THE INDIVIDUAL. THEY WOULD NOTICE THEM THAT, UM, THE, THE PARK IS A PRIVATE PARK AND IT IS PRIVATE PROPERTY AND THEY WOULD REQUEST THAT THEY LEAVE IF THEY LEAVE, UM, ON THEIR OWN ACCORD. UH, AND THEY DON'T RETURN WITHIN THE IMMEDIATE FUTURE, THEN NO HARM, NO FOUL. THERE'S LITERALLY NOTHING THAT HAPPENS. UH, IT DOESN'T EVEN GET FILED A REPORT OR ANYTHING TO THAT EFFECT. UM, IF THAT PERSON RESISTS THEN, OR, OR EITHER LEAVES AND COMES BACK INTENTIONALLY, THEN I UNDERSTOOD. THANK YOU. SORRY. I, I UNDERSTOOD THAT THEY WILL BE COERCED INTO LEAVING THE SPACE AND THREATENED WITH PHYSICAL VIOLENCE AND BODILY HARM IF THEY DO NOT DO SO. THANK YOU. THAT WAS MADE CLEAR. ALL RIGHT, COMMISSIONER WITH QUESTION, MR. THOMPSON. UH, I, I GUESS I HAVE A QUESTION OF STAFF, UM, I'M LOOKING AT THIS [03:50:01] AND IT'S LIKE, UH, A 22 FOOT, MAYBE THE PAVILION IS LIKE 22 FEET FROM THE BACK PROPERTY LINE OF, OF THE ADJOINING HOUSES. I MEAN, IF THIS, IF, IF, IF INSTEAD OF TWO BITS OF SF SIX ZONING, IF THIS WAS, YOU KNOW, UH, AN APARTMENT COMPLEX, YOU KNOW, THAT WAS FRONTING SF THREE ZONING W WOULD 22 FEET. I MEAN, THAT WOULDN'T BE ALLOWED, RIGHT? THAT WOULD BE CONSIDERED TO BE NOT COMPATIBLE, HAVE AN OUTDOOR TWENTY-FIVE FEET, UH, NO STRUCTURES AS UPSETS, BUT THAT'S 22.72 FEET, RIGHT? THIS IS YOUR RESUME. I'M SURE. OFTEN I'M NOT SURE I UNDERSTAND THAT THIS IS PROPOSING IF THEY WERE PROPOSING, UM, IT, COMMERCIAL, COMMERCIAL USE, UM, COMPATIBILITY WOULD BE TRIGGERED. SO THIS ISN'T A COMMERCIAL USE. NO, THIS IS A CIVIC USE AND THEY ARE EXEMPT FROM COMPATIBILITY. SO CIVIC USE IS EXEMPT FROM A COMPATIBILITY, EVEN IF IT'S PRIVATE. WHEREAS IF THIS WERE A COMMERCIAL, IF YOU CHARGED A DOLLAR TO GET INTO THIS PARK, THEN IT WOULD NOT, IT WOULD NOT BE ALLOWED. IT WOULD BE NOT COMPATIBLE COMMUNITY RECREATION, PRIVATE AND PUBLIC ARE BOTH CONSIDERED CIVIC USES. OKAY. I GUESS THAT'S MY ONLY QUESTION. OKAY. WE HAVE TWO MORE SPOTS. OH, YOU'VE BEEN, HANG ON. YOU'VE ALREADY GONE. I HAVEN'T SEEN WHERE YOU'RE SOMEBODY ELSE DOES NOT HAVE A QUESTION. ARE THERE ANY OTHER QUESTION? OKAY, GO AHEAD. GET YOUR, THANK YOU COMMISSIONERS. UM, SO I HAVE A QUICK QUESTION FOR MR. CLEO, AND I GUESS THE APPLICANT IN GENERAL, IF WE POSTPONED MAKING A DECISION AT THIS POINT, WOULD YOU BE WILLING TO COME BACK AMENDING YOUR OWN SORT OF AGREEMENT TO ALLOW PUBLIC HUES OF THIS SPACE? UH, I THINK THAT'S A DIFFICULT QUESTION TO ANSWER. UM, THERE'S, UH, IT'S A LITTLE BIT LOADED. I THINK THERE'S A LOT OF IMPLICATIONS THAT WE WOULD NEED TO UNDERSTAND FOR THAT. BUT IN GENERAL, I THINK YOU'VE HEARD FROM A LOT OF OUR COMMUNITY, UH, AT THIS POINT THAT THERE'S A, QUITE A NUMBER OF CONCERNS AROUND CRIME, UM, THAT WE WERE ATTEMPTING TO ADDRESS BY RETAINED AS, AS, AS A PRIVATE PARK AND WITH PRIVATE PROPERTY RIGHTS. I THINK WE'D PROBABLY BE GIVING UP SOME OF THOSE, SOME OF THOSE RIGHTS, UM, BY, BY ALLOWING PUBLIC USER. I MEAN, IT WILL SAY THERE'S A PUBLIC PARK. THE REASON I ASKED THAT QUESTION IS I'M TRYING NOT TO VOTE AGAINST IT. I UNDERSTAND THE WORK THAT THE NEIGHBORHOOD HAS DONE, AND I UNDERSTAND THE AGREEMENT HERE AND I DON'T WANT TO VOTE AGAINST IT, BUT IF IT IS A PRIVATE PARK, I'M NOT SURE I CAN IN GOOD CONSCIENCE SUPPORT THAT. SO I'M JUST TRYING TO SAY, IF WE'RE DELAYED POST AND POSTPONE MAKING A DECISION, WOULD Y'ALL GO BACK, CONSIDER IT AND COME BACK WITH A DIFFERENT DECISION OR AT LEAST BE WILLING TO CONSIDER IT AND COME BACK. I WOULD, I WOULD PREFER THAT, UH, OPPOSED TO A, UM, A VOTE AGAINST THE MOTION. THAT'S TRUE, ABSOLUTE CERTAIN, UM, THIS, THIS WOULD PROBABLY, UH, CREATE A NUMBER OF CYCLES, UH, BEHIND THE SCENES TO GATHER SOME COMMUNITY INPUTS AND GO THROUGH SOME LEGAL REVIEW. SO IT WOULD BE A PRETTY SUBSTANTIAL DELAY, UH, BEFORE WE WOULD BE ABLE TO COME BACK WITH THIS CASE, I WOULD SAY THAT'S FAIRLY UNDESIRABLE AT THIS POINT, BUT IF IT IS ONLY ALTERNATIVE, UH, THEN WE WOULD SUPPORT THAT OVER A DENIAL, I GUESS, JUST TO UNDERSTAND WHAT IN MONTHS DO YOU THINK WOULD BE, WOULD BE NOPE. SO A MONTH WOULDN'T BE WHAT WOULD BE A REASONABLE TIME FOR YOU TO TURN BACK TO US? YEAH, FOR SURE. I'D LIKE TO ADD THAT WE HAD SEVERAL DISCUSSIONS WITH PARD, UM, EARLY ON IN THE PROCESS AND BECAUSE OF THE WALNUT CREEK PARK, CAUSE THEY WERE ADAMANT, THERE WAS NOT A NEED FOR A PUBLIC PARK IN THIS NEIGHBORHOOD. [03:55:05] I UNDERSTAND, I'M NOT SAYING THAT BARGE. THEY GO TO MAINTENANCE OF THE PARK. I AM SAYING IT WOULD STILL BE MAINTAINED BY PRIVATE LEAVES SO THAT EVERYTHING WOULD BE FINE. BUT IN YOUR AGREEMENT YOU WOULD REFLECT THAT IT CAN BE PUBLICLY USED, SO IT CAN REMAIN PRIVATE LAND THAT IS BI-WEEKLY MUNDANE, BUT IS OPEN FOR PUBLIC USE. AND THAT IS SORT OF WHAT I'M TRYING TO GET AT. NO, I ALSO, UM, ADD, UM, I DID CONFIRM WITH OTHER STAFF THAT WE CAN'T CHANGE THE USE ON A VOTE TONIGHT, SO IT WOULD HAVE TO BE POSTPONED IF YOU'RE CHANGING THE USE. CAUSE THAT WOULD HAVE TO BE NOTIFIED AND STAFF WOULD HAVE TO REVIEW THAT SEPARATE USE CATEGORY TO MAKE SURE THEY'RE IN COMPLIANCE WITH THAT USE. UM, BUT WE WOULDN'T NEED A RE NOTIFICATION TO CHANGE USE IS AT THIS POINT. THANK YOU AND, AND STAFF. I'M SORRY, JUST TO UNDERSTAND HOW MUCH, WHAT IS THE MINIMUM AMOUNT OF TIME THAT YOU WOULD NEED IN ORDER TO GO THROUGH THAT PROCESS? IF WE WERE INDEED TO POSTPONE, UM, STAFF WOULD NEED AN UPDATED SITE PLAN AND WE WOULD JUST HAVE TO RE REVIEW, UM, TO MAKE SURE THEY'RE IN COMPLIANCE WITH THE OTHER YOUTH. SO COMMUNITY RECREATION HAS PRIVATE AND PUBLIC USES AND WE WOULD JUST HAVE TO MAKE SURE, UM, AN UPDATE REVIEW TAKES TWO WEEKS POSSIBLY AND THEN RE NOTIFICATION IS ALSO TWO WEEKS. THANK YOU. THAT HELPS ANSWER MY QUESTION. ALL RIGHT, WE HAVE ONE MORE SPOT. C NINE. CAN WE GET A MOTION COMMISSIONER CLASS, SORRY, SORRY. I MAKE A MOTION THAT WE APPROVE THE STAFF RECOMMENDATION FOR, UM, SITE PLAN, CONDITIONAL USE PERMIT FOR COMMUNITY RECREATION OR ENTITIES PRIVATE, UM, AND IF POSSIBLE, PUT A CONDITION ON IT THAT THEY PROVIDE AT LEAST ONE OVER THERE. FOUR SPACES IT'D BE ACCESSIBLE IN ACCORDANCE WITH THE TEXAS ACCESSIBILITY STANDARDS, CONNECTING TO THE ACCESSIBLE ROUTE THAT'S SHOWN ON THIS SITE PLAN. ALL RIGHT. CAN I GET A SECOND AT COMMISSIONERS ARE NOPE. UM, I WAS GONNA MAKE A SUBSTITUTE, BUT I'LL WAIT FOR THE SECOND. OH, I NEED A SECOND. UM, OKAY. WOULD YOU LIKE TO SPEAK TO THAT COMMISSIONER COX? YES. UM, SO TO ME, I HEAR, I HEAR, UH, THE CONCERNS ABOUT PUBLIC VERSUS PRIVATE, BUT THIS IS, THIS IS A BIT OF A UNIQUE CIRCUMSTANCE WHERE A NEIGHBORHOOD AND A DEVELOPER HAVE COME TOGETHER TO BASICALLY SHARE THEIR DRAINAGE RESOURCES, UH, DETENTION RESOURCES. AND IN RETURN, THE EXISTING NEIGHBORHOOD IS GETTING AN INVESTMENT FROM THE DEVELOPER TO BASICALLY TURN AN UNUSED, UH, OPEN SPACE SLASH PEEWEE INTO A SPACE THAT'S ACTUALLY USABLE FOR SOMETHING. UM, AND I PERSONALLY WOULD PREFER THAT THESE OPEN SPACES BE PUBLIC, UM, BE PUBLICLY MAINTAINED UNDER THE CITY'S CONTROL, BUT THAT'S NOT THE SITUATION WE'RE FACED HERE. WE'RE FACED WITH THE DECISION OF EITHER LETTING THESE WONDERFUL PEOPLE WHO HAVE SPENT PROBABLY HUNDREDS OF HOURS, TRYING TO GET CONSENSUS AS MUCH AS POSSIBLE ON, ON IMPROVING THIS SPACE FOR EVERYONE'S BENEFIT, THE 250 SOME HOMES. UM, LET THEM ACTUALLY USE THE DEVELOPERS MONEY TO BUILD THIS OUT SO THAT THEY CAN ENJOY IT, OR THEY KNOW YOU CAN'T DO THAT. AND WHAT'S LIKELY GOING TO HAPPEN IS THE COMMUNITY IS GOING TO OBJECT TO HAVING A PUBLIC USE SPACE BE DEVELOPED OUT. AND THEN THEY'LL JUST END UP LIVING WITH THIS OVERGROWN PEEWEE. I GREW UP IN A NEIGHBORHOOD THAT HAD THESE LARGE PEEWEES THAT WERE NOT WELL-MAINTAINED AND WE GOT INTO ALL SORTS OF TROUBLE WITH KIDS IN THOSE THINGS. SO I WOULD HAVE LOVED TO HAVE A MORE, UH, ENJOYABLE BUILT-OUT SPACE. AND I THINK WE SHOULD ALLOW THESE 250 SOME HOMES TO HAVE THAT BASICALLY FOR FREE. SO THAT'S WHY I'M PROPOSING A FUNDRAISER. OKAY. UH, COMMISSIONERS ARE, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO POSTPONE THIS ITEM TO, UM, A MONTH FROM NOW AND I CAN MAKE, DO MEETING FROM NOW AND I CAN MAKE IT, UM, I CAN SPEAK TO THAT MOTION. OKAY. CAN I GET A SECOND, UH, COMMISSIONER PRAXIS, GO AHEAD, MITCH AND TEACHER, UM, AND ASKING FOR THIS, I THINK WITH THE HOPE THAT THERE CAN BE A DIFFERENT OUTCOME AS COMMISSIONER GOSS WAS SAYING, THAT IS NOT THE DECISION THAT IS IN FRONT OF US TODAY TO HAVE A PUBLIC USE OF THE BARK. [04:00:01] THEN MY HOPE IS THAT IF WE ALLOW AT LEAST IN DELIVERING A MONTH, THAT THAT IS INDEED THE DECISION THAT WILL COME BEFORE US TO APPROVE THE CONDITIONAL USE PERMIT FOR A BARK WHERE THE PUBLIC HAS ACCESS AND CAN USE IT FULLY TO THEIR ENJOYMENT. I ALSO WANT TO SAY, I UNDERSTAND THAT A MONTH MAY NOT BE ENOUGH AT WHICH POINT WE OBVIOUSLY CONSIDER FOR THE POSTPONEMENT AS REQUESTED BY THE HOA OR WHATEVER AGREEMENT THAT WHATEVER TIME THEY NEED, I'M WILLING TO WAIT FOR THAT TIME. BUT AT THE MINIMUM I'M GIVING HIM MONTHS. SO I DO NOT NEEDLESSLY DELAY THIS PROCESS, BUT AT THE SAME TIME, GIVING AN OPPORTUNITY FOR THEM TO RECONSIDER AND COME BACK AND ALLOW THE PUBLIC USE OF A SPACE THAT SHOULD INDEED NOT BE OPEN TO THE KIND OF POLICING AND SIGNAGE AND OTHER CONSIDERATIONS THAT I FEAR HAVE BEEN CONSIDERED IN THE CASE OF THIS PARK. I CANNOT IN GOOD CONSCIENCE VOTE FOR PLEADING PRIVATE SPACE, WHERE WE CAN USE POLICING TO REMOVE PEOPLE FROM THE NEIGHBORHOODS SURROUNDING THE CITY. RIGHT. ANYBODY SPEAKING, A NEUTRAL OR AGAINST SPEAKING FOR MR. HOWARD? I'M SPEAKING AGAINST. OKAY. DID YOU WANT TO SAY ANYTHING? OH SURE. I THOUGHT YOU WERE DOING NEUTRAL OR NEUTRAL. UM, SO THIS IS TOUGH. I DO. HOWEVER, AGREE THAT THE LIKELIHOOD GIVEN THE NATURE OF THE DISCUSSIONS AND THE LENGTH OF TIME, UM, AND VESTED IN THIS, THAT IT WOULD BE LIKELY THAT TO, THAT THIS WOULD NOT COME TO FRUITION. AND I THINK THAT DESPITE THE, THE CONS OF THE GENERAL PUBLIC NOT BEING ABLE TO USE, UH, USE THE BARK, THIS IS, IT WOULD BE UNFORTUNATE THAT THE TWO NEIGHBORHOODS COULDN'T ENJOY THE SPACE. SO I FEEL LIKE, YOU KNOW, THE GOOD OF THE NEIGHBORHOOD IS NOT NECESSARILY GOING TO BE REALIZED AS A RESULT OF THE DESIRE TO MAKE IT PUBLIC. SO I'M NOT GONNA VOTE AGAINST IT. ANYBODY SPEAKING FOR SURE. CONNOLLY? UM, YEAH, I, I JUST WANNA, YOU KNOW, THIS IS A KIND OF EITHER WE MOVE TOWARDS BEING A CITY THAT IS MORE INCLUSIVE AND MORE SPACES ARE OPEN AND SHARED AND WHERE THERE CAN BE ROOM FOR COMMUNITY, OR WE MOVE TOWARDS THE CITY, I'D SAY INCREASINGLY SILOED AND ISOLATED. AND I THINK THIS SPEAKS TO THE WAY IN WHICH THE LANGUAGE, THE PLAYBOOK, THE VOCABULARY AROUND NIMBYISM REALLY IS ABSORBED BY ALL COMMUNITIES IN THE CITY AND IS JUST REPRODUCED. AND IT IS LAYERED WITH CLASSISM. IT'S LAYERED WITH PREJUDICE, IT'S LAYERED WITH ANTI HOMELESSNESS SENTIMENT AND ANTI-POVERTY SENTIMENT. AND I, YOU KNOW, I MAY BE IN A SMALL MINORITY IN THIS CITY ON THIS, BUT I STAND BY THE IDEA THAT WE SHOULD MOVE TOWARDS BEING A SPACE THAT IS INCLUSIVE AND THAT PARKS SHOULD BE PUBLIC SPACES THAT EVERYONE ENJOY. ALL RIGHT. ANYBODY SPEAKING? UM, COMMISSIONER COX. YEAH. I JUST WANT TO SPEAK AGAINST THE POSTPONEMENT. UM, I, LIKE I MENTIONED BEFORE, I, I I'M, I'M ALL FOR PUBLIC SPACE. I THINK PUBLIC SPACES SHOULD BE OWNED BY THE PUBLIC. UM, BUT I FEEL LIKE THIS DECISION IS BETWEEN GIVING, LETTING THE 250 FROM HOME, HAVE A PRIVATE PARK SPACE OR FORCING THEM TO KEEP IT AN OVERGROUND PUE. AND I THINK THAT DECISION IS RELATIVELY SIMPLE BEFORE US. AND SO THAT'S WHY I'LL VOTE AGAINST IT. UM, ANYBODY SPEAKING FOR MR. SHEA? SO I TH YOU KNOW, I DON'T THINK THAT THIS POSTPONEMENT, I DON'T THINK ANYBODY HERE IS, UM, YOU KNOW, IS SAYING THAT THEY DON'T WANT THE PARK, RIGHT. I THINK THE CONCERN, AT LEAST FROM MY CONCERN IS, YOU KNOW, IS, IS A PROCESS, YOU KNOW, AND ESPECIALLY IN THESE DAYS WHERE, WHETHER IT'D BE THE CITIZENS OR THE POLICE, AND OFTENTIMES WE JUMP AND WE RE REACT TOO QUICKLY BEFORE WE THINK, AND EVERYBODY FEELS SO MUCH OF A CERTAIN LEVEL OF ENTITLEMENT VERSUS SOME TYPE OF COMPROMISE THAT I FEAR WHAT COULD COME ABOUT. IF WE DON'T GIVE THIS A CHANCE TO THINK THROUGH WHAT COULD HAPPEN, IF WHATEVER, CERTAIN THINGS WEREN'T FOLLOWED ALONG. SO I WANT TO GIVE IT A CHANCE FOR THE PARTIES TO THINK THROUGH WHAT THE OTHER OPPORTUNITIES OR POSSIBILITIES COULD BE. THE OTHER THING IS WE HAVE PROJECTS THAT OFTEN COME IN FRONT OF US [04:05:01] THAT HAVE, AND THIS IS DOWNTOWN HAVE PUBLICLY ACCESSIBLE OPEN SPACE, RIGHT? AND THIS IS A COMMON THING IN PLANNING THAT WE TALKED ABOUT PUBLICLY ACCESSIBLE, OPEN SPACE ON PRIVATE LAND, RIGHT ON PRIVATE PROPERTIES, YOU KNOW, AND THIS, AND SO THERE IS A PROCESS. THERE IS A MECHANISM, THERE IS A WAY IN A PATH AND TO AT LEAST GIVE THE OPPORTUNITY TO EXPLORE THIS. AND THAT'S WHY I'M SUPPORTING, HEY, LAST FIGHT AGAINST HER NEUTRAL MISSION. SURE. MUCH TALLER. AND I DON'T KNOW IF WE CAN GET CLARIFICATION AT THIS POINT, IF I UNDERSTOOD CORRECTLY, UM, THERE'S NO COST TO SENNETT HILLS, BUT IS THIS GOING TO FALL ON THE RESIDENTS OF THE NEW TAYLOR MORRISON DEVELOPMENT? WE MAY NOT BE ABLE TO GET CLARIFICATION OF THAT AT THE MOMENT, BUT, UM, BECAUSE THIS IS SUCH A DIFFERENT BEAST. IF, IF THIS WERE A PIECE OF PROPERTY, THEY WERE ASKING A REZONE FOR A PRIVATE POOL THAT WASN'T GOING TO BE RUN BY, YOU KNOW, AUSTIN PARKS AND RECS AND STAFF WITH OUR LIFE GUARDS AND THINGS LIKE THAT. THEY WOULD CARRY ALL THE LIABILITY AND EVERYTHING LIKE THAT. YOU KNOW, IF THERE WERE OTHER USES FOR THAT PROPERTY THAT WERE GOING TO BE PRIVATE, THAT PEOPLE WOULDN'T, YOU KNOW, THERE ARE PRIVATE CLUBS AND THINGS LIKE THAT. I, I AGREE ABOUT THE PUBLIC SPACES, BUT IF THIS IS BEING SHOULDERED FINANCIALLY BY THE RESIDENTS WHO LIVE THERE, UM, AND IT'S OTHERWISE GOING TO SEND YOU SPACE, I I'M HAVING TROUBLE DENYING IT. UM, CAUSE THIS ISN'T, YOU KNOW, IT'S GOTTA BE MAINTAINED IN THAT KIND OF THING. AND MAYBE WE SHOULD HAVE ASKED WHERE THOSE MAINTENANCE COSTS ARE COMING FROM, OR I DON'T KNOW IF WE CAN GET THAT ANSWER AT THIS JUNCTURE, SORRY. THE PUBLIC HEARING WAS CLOSED. SO WE CAN'T GO BACK. ARE WE ALLOWED TO ASK STAFF? YOU COULD. I MEAN, WE CAN TALK TO EACH OTHER AT THIS POINT IT'S IT'S TO EACH OTHER. SO MY UNDERSTANDING WAS TAYLOR MORRISON WAS, UM, WAS, YOU KNOW, IT WAS COMING FROM THEM SO THAT IT WAS BEING MAINTAINED BY THAT. IS THAT WHAT YOU GUYS RECOLLECT? YES. DEVELOPER'S PAYING FOR THE PARK AND THE MAINTENANCE. OKAY. WHICH IS DIFFERENT THAN SOME OTHER SETUPS WHERE LIKE IN OURS, BUT OURS DOES HAVE OPEN PUBLIC USE. WE'VE BEEN ABLE TO STRADDLE A FINE LINE, UM, WHERE THE RESIDENTS ARE PAYING THE SUPPORTIVE TAXES, MAINTENANCE ON IT, BUT WE HAVE PUBLIC USE. I, YOU KNOW, I THINK THE NEIGHBORHOOD'S GOING TO FIND THOUGH WHILE THEY CAN, IF THIS WERE TO GO FORWARD AND THEY CAN PRIORITIZE IT, UM, THAT ENFORCEMENT IS ACTUALLY EXTREMELY DIFFICULT. AND, AND I DO THINK THAT THE POINTS THAT THE OTHER COMMISSIONERS BRING UP ARE, ARE VALID ON THAT. UM, AND, AND THAT MAY BE, SO IF WE DO END UP GOING TO POSTPONEMENT, I WOULD SAY SPEAKING FROM EXPERIENCE MANAGING A LARGE NEIGHBORHOOD PARK AND TRAIL SYSTEM, THAT YOU DON'T REALLY HAVE A LOT OF GOOD POTENTIAL CONTROL OVER THAT PARK WHEN YOU PRIORITIZE IT, BECAUSE YOU'VE GOT A CALL APD TO LET THEM KNOW TO COME OUT. AND IF THE PERSON IS NOT ACTUALLY CREATING A DISTURBANCE, THAT'S NOT GOING TO BE A PRIORITY ON APDS CALL LIST. AT THE MOMENT WE WAITED, UM, UH, FOUR HOURS FOR A SEXUAL ASSAULT VICTIM IN MY PRIVATE PRACTICE TO GET AN APD OFFICER TO COME BECAUSE THERE WERE MORE ATTENDANT THINGS. AND I CAN TELL YOU DURING COVID, NOBODY CAME OUT TO THE PARKS WHEN WE HAD PROBLEMS WITH PUBLIC VIOLATIONS AND PEOPLE GETTING TOGETHER. SO YOU GUYS THOUGHT ABOUT HOW YOU'RE GOING TO HANDLE THAT BECAUSE, UM, I CAN TELL YOU, YOU, YOU'RE GOING TO HAVE SOME THINGS TO DEAL WITH. IT'S, IT'S, IT'S NOT AS EASY AS IT SEEMS IF THOSE FOLKS ARE STILL LISTENING ON THE CALL. OKAY. THAT WAS OUR LAST SPOT. SO WE NEED TO TAKE A VOTE ON THIS SUBSTITUTE MOTION BY COMMISSIONER IS OUR SECOND BY COMMISSIONER PRACTICE. THIS IS TO POSTPONE THIS CASE FOR ONE MONTH. UM, SO A SPECIFIC DATE, THERE WOULD BE JUNE 8TH. TELL ME IF I'M INCORRECT. CONSUMERS ARE THAT'S CORRECT TO JUNE 8TH. UM, SO ALL THOSE IN FAVOR OF POSTPONING, LET'S SEE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, ALL THOSE AGAINST THAT'S GREAT. FIVE, RIGHT? YOU GOT SEVEN, FIVE. SO THAT MOTION PASSES CHAIR, COMMISSIONER. WHY AS AN EMPEROR, DID WE, UH, SPECIFY THAT THAT IS TO THE JUNE EIGHT PLANNING COMMISSION LEAD? YES. YEAH. JUNE. [04:10:02] OKAY. UM, THAT IS ALL OF OUR CASES TONIGHT. SO LET'S MOVE TO, UH, WE'VE GOT SIX MINUTES LEFT PER CLOCK. DO WE WANT TO GET A MOTION TO, TO EXTEND WHICH NERVES ARE MAKING A MOTION TO EXTEND THE 10 40? ALL RIGHT. SECOND. I THINK WE CAN MOVE THROUGH THIS PRETTY QUICK. SECOND BY COMMISSIONER THOMPSON. ALL THOSE IN FAVOR. WE'RE SO CLOSE GUYS. ALL RIGHT. UM, C1. [C1. Discussion and possible action to establish a working group tasked to review and propose amendments, for Commission consideration, regarding the Urban Renewal Plan for the East 11th and 12th Street Urban Renewal Area and associated Neighborhood Conservation Combining Districts. (Co-Sponsors Chair Shaw; Vice-Chair Hempel)] SO THIS IS DISCUSSION AND POSSIBLE ACTION TO ESTABLISH A WORKING GROUP TASK, TO REVIEW AND PROPOSE AMENDMENTS FOR COMMISSION CONSIDERATION REGARDING THE URBAN RENEWAL PLAN FOR THE EAST 11TH AND 12TH STREET, URBAN RENEWAL AREA AND ASSOCIATED AND NCCD. UM, SO THIS IS, IF YOU RECALL OUR LAST MEETING, THE, UM, AGENDA ITEM ABOUT, UM, EAST 11TH AND 12TH STREETS AND SOME CHANGES THAT WERE GOING THROUGH THAT, UM, THAT PLAN, THE URBAN RENEWAL AREA AND THE NCCD, AND THERE'S A LOT OF INFORMATION THERE. UM, SO ONE TOOL THAT WE'RE RECOMMENDING HERE, UM, THAT I THINK WILL BE USEFUL FOR SOME OF THESE MORE COMPLICATED CASES IS TO FORM A WORKING GROUP SIMILAR TO WHAT WE DID FOR THE, UM, TRANSPORTATION WORKING GROUP THAT LOOKED THROUGH THE, UM, TRANSPORTATION CRITERIA MANUAL. UM, SO THIS WORKING GROUP WOULD BE A QUICK BURN. UM, WE WOULD BE ASKING FOR THAT WORKING GROUP TO GET TOGETHER WHOMEVER THESE MEMBERS ARE AND POUR THROUGH THAT MATERIAL, COME UP WITH ANY PROPOSED AMENDMENTS AND SUBMIT THAT BACK TO, UM, THE COMMISSION, UM, BEFORE WE MEET AGAIN. SO THOSE WOULD BE DUE BY THE 19TH. UM, AT NOON, IF WE CHOOSE NOT TO DO THIS, THEN WE'RE JUST GOING TO BE REVIEWING THE AMENDMENTS ON OUR OWN, UM, AND STILL COMING UP WITH ANY AMENDMENTS. BUT THERE WERE, UH, FROM WHAT I UNDERSTAND, PEOPLE THAT WERE INTERESTED IN AND WORKING ON THIS, SO I'LL OPEN IT UP FOR, FOR DISCUSSION. WHEN ANYBODY THINKS ABOUT THAT, COMMISSIONERS ARE TRYING TO APPRECIATE THE CREATION OF A WORKING GROUP. I JUST WANT TO APPLY FOR ONE THING IS MY UNDERSTANDING, CORRECT THAT WE ARE BRINGING BACK OF QUESTIONS BY THE 19TH, BUT AMENDMENTS CAN COME UP TO THE 24TH. I THOUGHT THAT WAS THE EMAIL THAT WE HAD RECEIVED FROM JEWISH. I'M SORRY. THAT'S CORRECT. I HAD THE MEETING DATE WRONG IS THANK YOU FOR THAT CLARIFICATION, BUT YES, I SUPPORT THIS EFFORT. THANK YOU. OKAY. UM, ARE THERE ANY VOLUNTEERS WHO WOULD WANT TO BE ON A WORKING GROUP? MR. CONNOLLY COMMISSIONERS ARE WHO'S YOUR PRACTICE AND WE DON'T, WE DON'T HAVE A LIMIT. I DON'T, I CAN'T REMEMBER OUR MAXIMUM, UH, NUMBER OF COMMISSIONERS, BUT, UM, YEAH, I THINK, UH, COMMISSIONER POLINA, YAMAHA, YOU HONEST BLEEDING. YES. I I'D LIKE TO JOIN FOR THE TIME, BUT I WAS JUST GOING TO SAY MORE THAN WE, WE CAN'T MAKE QUORUM IN A WORKING GROUP, SO WE CAN'T ASSIGN MORE THAN MORE THAN FIVE, EIGHT, FIVE. IT WAS SIX 66. THE MAGIC. YEAH. OKAY. AND THEN NO, IT, YEAH. SO NO ADDITIONAL COMMISSIONERS WILL BE ABLE TO ATTEND, CORRECT. YEAH. SO, SO FAR I'VE GOT FOUR THAT ARE INTERESTED IN THIS. UM, MAYBE OTHERS. UM, OKAY. WELL, I TH I THINK THE ACTION HERE IS THAT WE'RE, UM, BECAUSE WE VOTE ON THIS, UM, WE'LL ESTABLISH THIS WORKING GROUP TO REVIEW THE, UM, URBAN RENEWAL PLAN FOR EAST 11TH AND 12TH STREETS AND THE NCCD, UM, AND THAT WE HAVE FOUR VOLUNTEERS WHO'VE, UM, UM, VOLUNTEERED TO JOIN THAT. SO, UM, THAT'S THE MOTION. IS THERE A SECOND? ALL RIGHT. AND THEN ALL THOSE IN FAVOR. ALL RIGHT. WELL, MOVE THAT THROUGH THAT PRETTY QUICKLY. UM, ITEM C [C2. Briefing on public hearing notification and process. (Co-Sponsors Commissioner Llanes Pulido; Chair Shaw)] TWO IS WE ARE TO HEAR A BRIEFING ON THE PUBLIC HEARING PROCESS OR HEARING NOTIFICATION AND PROCESS. AND SO THIS WAS AN ITEM BROUGHT BY COMMISSIONER YAZ, PULIDO, UM, AND SHAW, UM, FROM A FEW MEETINGS AGO, YOU UNDERSTAND, WE HAVE STAFF, THAT'LL PROVIDE A PRESENTATION ON THIS, [04:15:03] UH, AS AN ANDREW RIVERA, JUST, UM, UH, HOPEFULLY WE GET THROUGH THIS JUST AS QUICK. SO, UM, I WAS LOOKING FOR A LITTLE GUIDANCE INTO WHAT, UH, WE WERE LOOKING FOR IN REGARDS TO NOTIFICATION INQUIRIES. SO I'M THINKING MAYBE I'LL JUST RUN THROUGH, UM, IF YOU, UM, UH, KIND OF, UH, OVERALL, UM, MATTERS OR NOTIFICATION. AND THEN IF YOU WANT TO FOLLOW UP WITH THE QUESTIONS, UH, FEEL FREE TO EMAIL ME, OR WE CAN HAVE A Q AND A RIGHT NOW. SO JUST A REMINDER THAT, UM, YOU KNOW, WHAT THE COMMISSION DOES ADHERE TO TOM AT THE TEXAS OPEN MEETINGS ACT, UM, WHICH WE, UM, HAVE, UH, OUR, UM, PUBLIC HEARINGS, UM, UM, FROM WHEN. AND SO, YOU KNOW, THAT ALLOWS THE PUBLIC TO PARTICIPATE IN THE MEETING. UH, CURRENTLY WE HAVEN'T VIRTUALLY, SO THE GOVERNOR HAS RELAXED THOSE, UM, ROLES AND ALLOWING THE COMMISSION TO MEET VIRTUALLY, BUT WE STILL PROVIDE A NOTIFICATION. UM, WE STILL MAIL NOTICE FOR ZONING CASES FOR SITE PLANS, ET CETERA. UM, YOU KNOW, FOR ZONING CASES, THAT'S 11 DAYS AND EVENTS OF THE MEETING, UH, STATE LAWS, 200 FEET. THE CITY OF AUSTIN DOES 500 FEET. WE, UM, WE INFORMED THE PUBLIC IN REGARDS TO THE, UM, PUBLIC HEARINGS FIRST BY PLACING YELLOW, LARGE STEINS ON THE SUBJECT PROPERTIES, UM, FOLLOWED BY A MAILED NOTICE AND INFORMING THEM. AND THIS IS IN REGARDS TO ZONING THE INFORMING THE INDIVIDUALS THAT A CASE HAS BEEN FILED, UH, JUST, UH, HAS THE GENERAL INFORMATION THAT HIS ZONING CASE HAS BEEN FILED. AND IT CAUSES THE, TO, AND THE, FROM NO OTHER INFORMATION AT THAT TIME, IT'S FOLLOWED UP BY A SECOND NOTICE AND NOTICE OF PUBLIC HEARING. AND THAT NOTICE IT PROVIDES THE CONTACT INFORMATION FOR THE CASE MANAGER, UH, THE LINK TO THE PLANNING COMMISSION WEBPAGE. NOW PRIOR TO, TO THE VIRTUAL MEETINGS, UM, WE USED TO DO, DO ALL NOTICE WHERE WE INCLUDED THE PLANNING COMMISSION HEARING AND THE COUNCIL HEARING, BUT BECAUSE THE GOVERNOR'S ORDERS ARE 30 DAYS AND CAN CHANGE AT ANY TIME WE'VE BEEN DOING SINGLE NOTICE. SO THE PUBLIC WILL RECEIVE A SECOND NOTICE OF WHAT THE COUNCIL DATE, BECAUSE WE, WE, UM, ARE ABLE TO TARGET WHO IS PARTICIPATING A LITTLE BIT MORE. UM, WE HAVE THE OPPORTUNITY TO, UM, REALLY, UM, REALLY DIVE INTO THE INTERESTED PARTIES. SO THE PARTIES WILL ON THE FRIDAY BEFORE THE, UH, COMMISSION DATE, UH, THEY'LL RECEIVE A NOTIFICATION, INFORMING THEM ABOUT THE, UM, SIGNUP PROCESS FOR THE VIRTUAL MEETINGS. UM, THEY'LL RECEIVE THE AGENDA. AND THEN ON, OF COURSE, THAT FOLLOWING MONDAY IS THE, UM, UH, REGISTRATION TO SIGN UP AND SPEAK. THE REQUESTED INFORMATION, UH, IS DERIVED FROM OUR CODE. IT'S JUST YOUR NAME, UH, ADDRESS, UH, PHONE NUMBER WE DO ASK, BUT IT'S NOT MANDATORY FOR AN EMAIL ADDRESS JUST SO WE CAN HAVE A MORE EFFICIENT CONTACT WITH THE INDIVIDUALS THROUGHOUT THE MEETING THAT ALLOWS US TO, UM, HAVE OUR PUBLIC HEARINGS, UH, IN THE FASHION THAT WE CURRENTLY HAVE THEM WHERE THE PUBLIC CAN BE ONLINE AT THE TIME OF THEIR HERE OR THERE OF THEIR CASE INSTEAD OF HAVING TO STAY ON THE LINE, UM, RIGHT FROM THE BEGINNING OF MEETING TO THE VERY END, UM, THE, UH, RESPONSE HAS BEEN OVERWHELMINGLY IN SUPPORT OF THIS, UH, UH, PROCESS, UM, AS FAR AS, UM, UM, OF HOW MY, I MAY BE MISSING A FEW THINGS. UM, BUT AGAIN, UM, WITH THAT, I'LL LEAVE IT OPEN FOR Q AND A, AND, UH, ALSO FEEL FREE TO EMAIL ME AFTERWARDS WHEN WE SEND OUT NOTICES, UM, TO PLACES LIKE CONDOS AND APARTMENT COMPLEXES, BECAUSE EACH RESIDENT IN THOSE COMPLEXES GET A NOTICE, OR IS IT JUST THE, THE OWNER OF THE PROPERTY? SO IT'S THE OWNER OF THE PROPERTY OR THE PERSON WHO'S LISTED ON THE UTILITY BILL. UM, AND ALSO, UM, ALONG THOSE LINES, WE ALSO SEND NOTICE TO, UM, ORGANIZATIONS THAT ARE REGISTERED IN THE COMMUNITY REGISTRY. SO IF, IF, I GUESS IF A CONDO OR RENTER A IS THEIR OWN UTILITY BILL, THEN THEY GET A NOTICE, BUT IF THEY DON'T, THEN THERE'S NO WAY FOR THEM TO GET A PUBLIC NOTICE. I BELIEVE IT'S SENT TO THE ADDRESS, UH, TO THE, UH, UNIT NUMBER AS WELL AS THE OWNER. UM, OH, AND THEN AT ONE, UM, I'VE GONE THROUGH THIS PROCESS A FEW TIMES, [04:20:01] BUT I FORGET, HOW IS THE COST DETERMINED IF THOSE COSTS ARE PASSED ON TO THE APPLICANT? CORRECT. IT IS, UM, CALCULATED DURING THE BUDGET PROCESS AND, UH, THAT IS, UM, CHARGED TO THE APPLICANT. CORRECT. OKAY. SO, SO IT'S A FLAT FEE. IT'S NOT LIKE HER PROPERTY OWNER OR WHATEVER. I BELIEVE IT IS, UM, ACREAGE, BUT I WOULD HAVE TO, UM, VERIFY THAT. OKAY. OH, OKAY. AND THEN LAST THING, AND THIS IS NOT REALLY A, I DON'T THINK IT'S A QUESTION THAT YOU CAN ANSWER. IT'S MORE OF JUST AN EXPRESSION OF INTEREST, BUT I REALLY THINK THAT IT'S GREAT THAT WE CAN HAVE, UH, PEOPLE CALL IN AND PROVIDE COMMENTS. SO ONCE WE'RE ALL FORCED TO MARCH OVER TO CITY HALL AND DO THIS EVERY, EVERY TUESDAY, WHATEVER, UM, I'M, I'M HOPING THAT THE CITY CAN FIND OUT A WAY TO ALLOW FOR THAT MORE ACCESSIBLE WAY TO PROVIDE FEEDBACK, RATHER THAN DOING EVERYTHING IN PERSON. UM, ABOUT PROBABLY SOME LEGAL THING THAT Y'ALL NEED TO FIGURE OUT WHAT THE STATE LAW AND STUFF, BUT I JUST WANT TO PUT THAT OUT THERE. THANK YOU, MR. LEON IS FREEDOM. THANKS. Y'ALL SO THIS WAS MY, UM, MY PROPOSED AGENDA ITEM, AND I APPRECIATE THE BRIEF OVERVIEW. UM, THE, I JUST WANTED TO GIVE SOME CONTEXT AS TO WHY THIS CAME UP. OBVIOUSLY NOTIFICATIONS ARE EXTREMELY IMPORTANT, UM, TO THE PUBLIC PROCESS. AND IN PARTICULAR, I WAS CONCERNED ABOUT A CASE. UM, YOU ALL MAY RECALL A COUPLE OF MEETINGS BACK 37 OH SEVEN GOODWIN, UM, WHICH IS A PUD BORDERED BY SPRINGDALE AIRPORT, UM, AND GOODMAN, I BELIEVE. UH, ANYWAY, UM, I HAD PULLED IT FROM THE CONSENT AGENDA TO HEAR DISCUSSION, UM, BECAUSE THIS PARTICULAR AREA, UM, IS AT THE EPICENTER OF REDEVELOPMENT AND GENTRIFICATION. AND SO THERE ARE A LOT OF DIFFERENT VERTICAL MIXED USE PROPERTIES, UM, PROPOSED HERE AND THINGS THAT REALLY IN TYPICAL PLANNING TERMS WOULD BE CONSIDERED SPOT ZONING, EXCEPT THAT THEY HAVE PRECEDENT FROM PREVIOUS, UM, VERTICAL, UH, MIXED USE ENTITLEMENTS GIVEN BY THIS COMMISSION OR BY COUNCIL. AND THE REASON I BRING THIS UP IS BECAUSE I GOT SOME CONCERNING, UM, JUST CALLS AND TEXTS FROM THE COMMUNITY ABOUT NOTIFICATION ON THIS SITE IN PARTICULAR THAT, UM, A NUMBER OF ADJACENT RESIDENTS MAY NOT HAVE RECEIVED NOTIFICATION. AND WE CAN'T REALLY VERIFY THAT. I ACTUALLY, UM, UH, ONE OF THE, ONE OF THE RESIDENTS WHO YOU ALL HEARD FROM IN THE PAST, ANDREW BENEVERA THIS GUY THAT ACTUALLY GOT THE, THE, THE NOTIFICATION LIST FROM MS. SHAVEN FROM, UH, HEATHER CHAFFIN. AND SO, UM, SO THIS IS NOT AN ACCUSATION THAT NOTIFICATIONS DIDN'T GO OUT, BUT WHAT I AM A LITTLE BIT CONCERNED ABOUT IS THAT THE APARTMENTS THAT MOSTLY WERE NOTIFIED WERE AT 37 OH SIX GOODWIN, WHICH IF COMMISSIONERS, WHO WERE ON THE COMMISSION IN 2019 RECALL, UH, WE HAD A CASE THOSE BASICALLY THOSE APARTMENTS ARE GETTING TORN DOWN. THERE'S NOBODY THERE ANYMORE. AND SO WHO'S LEFT IN THE NEIGHBORHOOD. THAT'S ACTUALLY REALLY IMPACTED BY THIS. THERE ARE A NUMBER OF OTHER, UM, APARTMENT COMPLEXES, BUT ONE FOR EXAMPLE IS LUPINE TERRORISTS. AND IT LOOKS ON A MAP LIKE IT'S IN THE, THE 500 FOOT MARK, BUT THE APARTMENT MANAGER RECEIVED NO NOTIFICATION AND NO RESIDENTS THERE RECEIVED NOTIFICATION. AND SO, UM, MY, WHERE THIS IS GETTING AT IS BASICALLY, UM, THE CONTEXT OF MY CONCERN, THAT, OF HOW WE'RE LOOKING AT ADJACENT AREAS AND WHO NEEDS TO BE NOTIFIED. UM, OBVIOUSLY THE 500 FOOT LIMIT IS A LEGAL LIMIT IN OUR NOTIFICATION PROCESS, BUT I'M ALSO, I'M WONDERING, AND MAYBE CAN ANSWER THIS, HOW THAT RADIUS IS DETERMINED FROM WHAT POINT OF A PROPERTY, BECAUSE WHEN YOU HAVE A REALLY LARGE PUD, UM, I, I'VE ALWAYS, I'VE NEVER REALLY QUITE BEEN CLEAR. MAYBE THAT COULD BE ANSWERED HOW THAT RADIUS HAS TAKEN FROM WHAT POINT IN THE PROPERTY, OR IS IT FOR MULTIPLE POINTS. UM, AND HOW DO, HOW DO RESIDENTS KNOW IF THEY'RE IN THAT 500 FEET OR NOT CHAIR COMMISSIONER WHEN HE WAS ON ADVAIR? CERTAIN, UH, CERTAINLY SOMETHING I CAN, UM, PROVIDE A RESPONSE TO AT A LATER TIME. OKAY. UM, I HAD TWO QUESTIONS. I THINK ONE WAS TO UNDERSTAND, UM, THEIR REQUIREMENT [04:25:01] TO SIGN UP BY NOON ON THE DAY BEFORE THE COMMISSION MEETING, IS THAT A SORT OF A LEGAL REQUIREMENT AND THAT WE CANNOT EXTEND IT, OR IS THERE SOME FLEXIBILITY IN CHANGING THAT SIGN UP TIME, LIKE GOING TO BE MOVED THROUGH 24 HOURS BEFORE THE MEETING OR SOMETHING LIKE THAT. AND JUST TRYING TO UNDERSTAND, SO IT'S NOT A LEGAL REQUIREMENT OUT OF A TOMA OR ANYTHING. IT'S A POLICY THAT WAS SET BY THE CART'S OFFICE IS YOU CALL, UM, WE, UM, MOVED AWAY FROM OUR RULES AND REGULATIONS TO THE, WHAT WAS SET BY THE CLARKS OFFICE. A FEW ALSO, UM, REMEMBER, UH, THIS IS A, ONE OF THE FEW COMMISSIONS THAT IS ALLOWED TO MEET AND ITS CURRENT FORM IN, UH, OTHER COMMISSIONS ARE STILL UNDER A, UM, UM, I BELIEVE A HOUR OR TWO OR LESS, UM, MEETING ON S BECAUSE OF THE, UH, UH, COVID, UM, YOU KNOW, UM, SEPARATION OF STAFF. UM, WE DON'T HAVE ALL THE STAFF THAT WE WOULD CURRENTLY HAVE FOR ALL THE, UH, COMMISSION MEETINGS. UM, SO, UM, SOME OF THOSE, UM, STAFF MEMBERS ARE COVERING SEVERAL MEETINGS. UM, AS FAR AS THE NOON THAT CAN BE CHANGED BY COUNCIL, IT COULD BE CHANGED. UM, UH, BUT THAT IS A POLICY THAT IS CITYWIDE WITH ALL BOARDS, COMMISSIONS, AND COUNCIL. OKAY. AND THEN ONE OTHER QUESTION MS. RIVERA IS, UM, FOR, SO OF COURSE LIKE RESIDENTS WITHIN THE 508 RADIUS ARE NOTIFIED IF THERE IS SOMEBODY WHO'S OUTSIDE OF THAT RADIUS AND THEY WOULD LIKE TO BE PART OF THE NATIVE NOTIFICATION PROCESS. I KNOW THAT'S SOMETHING THAT HAS COME UP IN THE PAST WHERE SOMEBODY WHO'S NOT IN THE FIVE IN THE 500 STORIES, FEED IS NOT A COMMUNITY ORGANIZATION, CAN, ARE ONLY COMMUNITY ORGANIZATIONS ALLOWED TO SIGN UP TO GET NOTIFICATIONS OR CAN SOMETHING LIKE AN APARTMENT ASSOCIATION OR, OR AN HOA OR SOMEONE ELSE SIGN UP TO GET NOTIFICATIONS. WELL, UM, SIDE OF THAT MEDIA IS, BUT, UH, JOINING HIS SIDE. SO THERE ARE MANY TYPES OF ORGANIZATIONS THAT ARE INCLUDED IN THE COMMUNITY REGISTRY, UH, THE ONES YOU NAMED INCLUDED OR TYPES, THEY CAN ALSO CONTACT THE CASE MANAGER, THE CASE MANAGER, UM, CAN, UH, UH, KEEP A LOG OF ANY INDIVIDUALS WHO ARE INTERESTED PARTIES AND THEY'LL RECEIVE THE SAME COMMUNICATIONS. THANK YOU. THAT IS REALLY HELPFUL. THANK YOU, MR. LET'S MAKE SURE YOUR PRACTICE. OKAY. YEAH. UM, SO I WANT TO GET CLARITY ON SOMETHING THAT COMMISSIONER COX BROUGHT UP, WHICH IS, UM, SO IF A RENTER IS NOT ON A UTILITY BILL, DO THEY GET NOTIFICATION? UM, BECAUSE I WOULD IMAGINE IF IT DOES, IF I HAD A LETTER COME TO MY APARTMENT AND IT HAD MY LANDLORDS, IT WAS ADDRESSED TO MY LANDLORD. I WOULD NOT OPEN, I WOULD NOT OPEN THAT. SO, UM, YEAH. HOW DOES, HOW DOES THAT WORK? I'LL CERTAINLY CONFER WITH THE NOTIFICATION, UH, TEAM AND, UH, GET AN ANSWER FOR YOU ON WHETHER IT'S THE ACTUAL RUNNERS, UM, OR, UM, YEAH. UH, TO SEE WHAT EXACT ADDRESS IT GETS IT TO SEND AN IMAGE DISSEMINATE. OKAY. THANK YOU. YEAH. I'M SO I'M SO GLAD WE'RE HAVING THIS CONVERSATION BECAUSE THAT'S, THAT'S A HUGE CONCERN TO ME. IF FOLKS ARE NOT GETTING NOTICED BECAUSE THEY'RE RENTERS COMMISSIONER TYLER, I'M STILL TRYING TO FIGURE OUT HOW TO CLICK QUESTION. LET ME, LET SOMEBODY ELSE GO. YOU CAN TIRED. OKAY. UM, I SEE YOUR HAND COMMISSIONER COX. I'M SEEING IF THERE'S ANYBODY ELSE WHO HASN'T ASKED A QUESTION YET SEEING NONE. OKAY. I'M SURE. GOX. OKAY. SORRY. UH, MY QUESTIONS WERE SNOWBALLING AS WE WERE TALKING, BUT TO ANSWER THE QUESTION ABOUT THE DISTANCE MEASUREMENT, I WAS VERY INVOLVED IN THE GROWTH FLOOD AND NOTIFICATION WAS A VERY SENSITIVE ISSUE. UM, AND, AND SO THE WAY I BELIEVE STAFF DOES IT IS THE SAME WAY THEY CALCULATE. IF THERE'S A VALID PETITION, IF THEY GO INTO THEIR GIS SYSTEM, THEY PICK UP THE BOUNDARIES OF THE LOT THAT IS BEING REZONED. THOSE BOUNDARIES, I BELIEVE, ARE FROM THE TRAVIS COUNTY APPRAISAL DISTRICT. UM, AND, AND ESSENTIALLY THE, THE POINT THE, THE, THE CORNERS OF THOSE BOUNDARIES, IF YOU WERE TO DRAW A 500 FOOT RADIUS CIRCLE, THAT'S, THAT'S THE BOUNDARY. AND SO A LOT OF PEOPLE WHO ARE CATTY-CORNER OF INTERSECTIONS OR WHATEVER ENDED UP NOT GETTING NOTIFIED, BECAUSE, BECAUSE THAT IS A RADIUS THAT'S NOT SQUARE AT ALL. UM, AND, AND TO YOUR POINT ABOUT THE SIZE OF THE PROPERTY, I THINK THAT I'D BE VERY SUPPORTIVE OF, OF REVISING THE CITY'S RULES RELATED TO NOTIFICATION AS IT RELATES TO THE SIZE OF THE PROPERTY, BECAUSE THE PROPERTY LIKE THE GROVE [04:30:01] IS, IS ENORMOUS, AND IT IMPACTS SO MUCH MORE THAN JUST THE PEOPLE WITHIN 500 FEET. UM, AND SO I THINK CONSIDERATION OF THAT, IT SHOULD BE GIVEN. UM, I ALSO JUST WANT TO POINT OUT THAT THE PROCESS OF ALL OF THIS IS EXTREMELY BIDEN TEAM, AND BECAUSE WE'RE SO ACTIVE IN THIS, AND THEN, AND AS A PROFESSIONAL ENGINEER, I'VE GONE THROUGH THE ZONING AND THE SITE PLAN PROCESS, I'M FAMILIAR WITH IT, BUT THERE WERE SO MANY RESIDENTS THAT REACHED OUT TO ME DURING THE REZONING OR THE ZONING OF THE GROWTH TIDE THAT JUST WERE SO CLUELESS. THEY HAD, THEY DIDN'T KNOW WHO A CASE MANAGER WAS. THEY DIDN'T KNOW HOW TO SIGN UP. THEY DIDN'T KNOW ANY OF THIS. AND THE NOTICE THAT YOU GET, UH, IT ACTUALLY REALLY BORING. AND IT LOOKS LIKE SOME SORT OF LEGAL THING THAT WOULD COME WITH YOUR, WITH YOUR UTILITY. I'M SURE WE'VE ALL SEEN THE NOTICES. UM, AND I JUST, I THINK THAT IT WOULD BE EXTREMELY HELPFUL AND BENEFICIAL IF THE CITY HAD A WAY TO MAKE THIS MORE SIMPLE. I DON'T KNOW WHAT THE ANSWER IS TO THAT, UH, CENTRALIZED AREA. IF PEOPLE COULD SIGN UP TO GET NOTIFICATIONS, NO MATTER WHAT, UM, YOU KNOW, IF THEY PUT IN THEIR ADDRESS OR WHATEVER, AND IT WAS EMAILED TO THEM, I CHECKED MY MAIL MAYBE ONCE EVERY TWO WEEKS OR WHEN THE MAIL GUY CAN'T FIT ANY MORE MAIL IN THE MAILBOX. UM, SO, OH, IT'S JUST, I THINK THERE'S A LOT OF THINGS WRONG WITH THE NOTIFICATION PROCESS AND I'D BE TOTALLY OPEN TO TRYING TO FIND WAYS TO IMPROVE IT AND NOW SHUT UP. YES. UM, MICHIGAN IS POLINA. THANK YOU. AND Y'ALL, I REALLY WANT TO SIGN OFF TOO, SO I WON'T TAKE A LONG TIME, BUT I REALLY APPRECIATE COMMISSIONER COX'S, UH, UH, GEOMETRIC LESSON THERE IN TERMS OF BOUNDARIES. UM, I JUST WANT TO ADD THAT. I AGREE WE COULD HAVE SOME UPDATES, YOU KNOW, I, I WORK WITH GO AUSTIN BIBLE'S HOUSE IN GABA, WORKED, UM, EXTENSIVELY, UH, ON A COUPLE OF CASES WITH AUSTIN TRANSPORTATION, NOT LAND USE CASES, BUT JUST, UM, JUST PUBLIC NOTICE OF HEARINGS. UM, YOU KNOW, TO MAKE THEM ALSO LINGUISTICALLY MO MORE INCLUSIVE, BECAUSE A LOT OF OUR NOTICES, ALL THEY SAY ON THEM IN SPANISH OFTENTIMES IS IF YOU WOULD LIKE TO RECEIVE THIS IN SPANISH, CALL THIS NUMBER WITHOUT ANY ADDITIONAL CONTEXT AS TO WHAT, WHAT IT'S EVEN ABOUT. SO, UM, I HAVE ACTUALLY SEEN CITY DEPARTMENTS, COMPLETELY REVISE FLYERS AND NOTIFICATION WITH LAND USE. I'M SURE IT REQUIRES SOME ACTUAL, UM, EITHER CODE OR CRITERIA, LIKE SOME KIND OF PROCESS CHANGE, RIGHT? SOME KIND OF AMENDMENT, BUT PER PERHAPS, OR MAYBE IT'S JUST, IT MAY BE, IT'S NOT ACTUALLY A LEGAL THING. IT'S JUST SOME REDESIGN AND SOME INTENTION. SO I THINK THAT THERE IS A, THERE IS A POSSIBILITY TO SIMPLIFY NOTIFICATIONS SO THAT THEY'RE EASIER TO UNDERSTAND, BUT STILL INCLUDE ALL THE CRITICAL DETAILS. I DON'T THINK WE'RE AT A POINT WHERE WE CAN GIVE UP SNAIL MAIL BECAUSE WE HAVE SO MANY AREAS WHERE, YOU KNOW, WE JUST DON'T HAVE THE SAME DIGITAL INCLUSION, ACCESS LITERACY ACROSS NEIGHBORS. AND A LOT OF THE PEOPLE WHO ARE FOLLOWING THIS STUFF AND ARE WISE IN IT AND CAN ENGAGE PEOPLE, OUR ELDERS. SO, UM, I THINK, YOU KNOW, WE HAVE TO DO IT IN A WAY THAT, UH, BRINGS EVERYBODY ALONG. AND I ALSO THINK WE NEED TO LOOK AT INVESTING RESOURCES AS A CITY IN COMMUNITY PLANNING, INCLUDING PROVIDING NEIGHBORHOODS, THE ADEQUATE RESOURCES AND SUPPORT THAT THEY NEED IN ORDER TO ENGAGE, UM, COMPENSATION TRAINING, PAID TIME, UM, ALL OF THOSE SORTS OF THINGS. SO I KNOW THERE'S NOT ANY ACTION HERE AND, UM, BUT I, BUT I WOULD LOVE FOR US TO MAYBE COME BACK WITH FUTURE AGENDA ITEMS OR JUST OFFLINE, HAVE SOME CONVERSATIONS WITH PLANNING, STAFF ABOUT WHAT KIND OF, WHAT, WHAT INCREMENTAL STEPS COULD WE TAKE TO IMPROVE THE NOTIFICATION PROCESS? ESPECIALLY, I REALLY LIKED THE IDEA OF LOOKING, ESPECIALLY WITH RESPECT TO PUDS AND OTHER, UM, CONSIDERATIONS FOR AREAS THAT ARE UNDERGOING JUST MASSIVE, MASSIVE REDEVELOPMENT AND EXPLOITATION OF THE CHANGING VALUE OF THE NEIGHBORHOOD. WE NEED TO VOTE TO EXTEND THE MEETING CHAIR. I MAKE A MOTION TO EXTEND TO BEEN 50. OKAY. ALL THOSE IN FAVOR A SECOND BY SCHNEIDER. ALRIGHT. THERE'S AGAINST. OKAY. UH, 11 ONE. UM, ALL RIGHT. I SAW A HAND MR. MARSH DOLLAR, AND I'M JUST HAVING TROUBLE FORMULATING THE QUESTION, BUT I THINK, UM, UM, CARMEN AND GRAYSON SUMMED IT UP THAT, UM, I, I THINK WE NEED TO KNOW WHAT OPTIONS WE HAVE FROM CITY STAFF TO LOOK AT THE NOTIFICATION BASED ON NOT JUST THE GEOGRAPHIC RADIUS, BUT SOME OTHER CRITERIA. [04:35:01] UM, IN OUR NEIGHBORHOOD'S CASE, UM, THE PROJECT THAT WAS COMING IN WAS AFFECTING THE ONLY INGRESS AND EGRESS FOR THOUSANDS AND THOUSANDS OF HOMES. BUT IF YOU WERE SO MANY FEET AWAY, YOU WEREN'T GETTING A NOTICE. AND LIKE THEY SAID, WHEN A LOT OF THIS MAIL COMES IN, PEOPLE DON'T KNOW WHAT IT IS AND IT'S AFFECTING A LOT MORE. SO I DON'T KNOW IF THAT'S SOMETHING WE, WE TURN BACK TO CITY STAFF OR IF THAT'S SOMETHING THAT WE HAVE THE AUTHORITY TO WORK ON, BUT I DO THINK WE NEED TO HAVE A LITTLE BIT BETTER LOOK AT WHO'S GETTING NOTIFIED AND HOW THANKS. WHERE'S YOUR BACK SINCE. YEAH. I HATE TO EXTEND THIS, BUT MY QUESTION THAT I FELT WAS IMPORTANT JUST CAME BACK TO ME. SO, UM, IF IT SEEMS THAT THIS NOTIFICATION PROCESS HASN'T BEEN FOLLOWED IN SOME WAY, LIKE A GROUP OF NEIGHBORS COME FORWARD AND THEY'RE LIKE, NOBODY WE KNOW NOTIFIED AND THEY'RE CLEARLY WITHIN 500 FEET, UM, WHAT WOULD THEN HAPPEN OR WHAT KIND OF TOOLS ARE THERE FOR ACCOUNTABILITY? DOES THAT ITEM THEN GET RID OF FROM THE AGENDA? DO WE REPORT IT TO THE STAFF? LIKE, WHAT'S THE PROCESS FOR THAT AND WHAT ARE THE CONSEQUENCES CHAIR, COMMISSION, LIAISON, AND VERA. SO WE HAVE HAD, UH, POSTING ERRORS AND YOU MIGHT NOTICE ON THE AGENDA FROM TIME TO TIME WHEN WE'LL HAVE, UM, AN ITEM HAS BEEN POSTPONED DUE TO NOTIFICATION ERROR. UM, ONE EXAMPLE RECENTLY, IT'S KIND OF EMBARRASSING. UM, WE, UH, UH, SENT OUT A NOTIFICATION WHEN THE PERSON RECEIVED THE LETTER IN THE MAIL. THEY NOTICED THAT IT WAS A PRETTY LIGHT ENVELOPE. UM, THEY HELD UP TO THE LIGHT AND, UH, NO DOCUMENT WAS INSIDE. UM, SO, UM, WE, UM, PULLED THE ITEM FROM THE AGENDA WE RE NOTIFIED. UM, AND THEN OTHER TIMES THERE'S OTHER SITUATIONS WHERE, UM, IT'S, UM, W NOTIFICATION IS A VERY IMPORTANT, UM, I THINK WE ALL AGREE, UM, TO THE POINT THAT IF THERE'S LIKE A, UM, UH, A NUMERICAL DIFFERENCE IN THE ADDRESS TO WHAT IS POSTED, UM, WELL, UM, GO AHEAD AND RE NOTIFY. UM, WE BELIEVE THAT THAT IS A TOM OF VIOLATION. UM, SO, UM, WE DO FIND, UH, ERRORS AND WE, UH, CORRECTED BY RE NOTIFICATION. SOUNDS GOOD. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? OKAY. UM, GOOD DISCUSSION. ALL RIGHT. SO WE'VE COME TO D FUTURE AGENDA ITEMS. UM, ANY COMMISSIONERS PROPOSING FEATURE GEN ITEM. ALRIGHT. I'M NOT SEEING ANY TONIGHT. UM, MOVE ON. UM, WE'VE ALREADY BEEN THROUGH E . UH, WE CAN [F. BOARDS, COMMITTEES & WORKING GROUPS UPDATES] VIEW QUICKLY BOARD COMMITTEE AND WORKING GROUP UPDATES. SO, UM, THIS IS ON F ANYTHING FROM THE CODES AND ORDINANCES JOINT COMMITTEE. WE HAVE NOT MET SINCE OUR LAST MEETING. OKAY. COMP PLAN JOINT COMMITTEE. WE HAVE NOT MET AND ARE CURRENTLY, UH, GETTING TO MEETINGS SCHEDULED FOR THE END OF MAY, BEGINNING OF JUNE, UH, JUNE. OKAY. JOINT SUSTAINABILITY COMMITTEE. OKAY. UH, YEAH. UH, WE MET, UM, THERE WAS NOT A PARTICULAR MATTER POLLUTION, UH, THE CITY'S STANDARDS FOR GREEN BUILDINGS THAT THEY, AND I THINK OF SOME INTEREST TO THE PLANNING COMMISSION IS I THINK WE'VE HEARD THIS A NUMBER OF INTERNATIONAL BUILDING CODES ARE GETTING UPDATED ON THEIR REGULAR THREE YEAR CYCLE AND B THEY'RE MOVING FORWARD ON THE ADOPTION OF ENERGY CONSERVATION. UM, THERE'S SOME EFFICIENCIES, UH, OVERALL IN BUILDINGS THAT THEY EXPECT BY THE INTERNATIONAL COMMITTEES THAT ADOPTED IT. I DID NOT END UP INCLUDING ELECTRIC VEHICLE AND ELECTRIC ELECTRIFICATION OF THE STRUCTURE FROM MODEL THOSE STAFFINGS SEPARATELY. SOME CARRY OVER STUFF INTO SYDNEY MOB. UH, CITY OF AUSTIN HAS, WHICH INCLUDES SOLAR READY. AND, UM, THE CITY SAID THAT THEY WERE GOING TO REVISIT NATURAL GAS WATER SWITCH IT'S OF INTEREST TO ME PERSONALLY. THANKS. UH, [04:40:01] ONCE THAT I CAN ADD THAT. SO JUST ASK HIM, OKAY. THIS SMALL AREA PLANNING JOINT COMMITTEE, WE HAVE NOT MET SOUTH CENTRAL WATERFRONT ADVISORY BOARD. W WE MET SHORTLY. WE, UM, BUT IT N UH, NEW OFFICERS. AND, UH, WE, AGAIN SORT OF TALKED ABOUT THE IDEA OF THE, UH, AUSTIN ECONOMIC DEVELOPMENT CORPORATION. THAT'S SORT OF BEING SET UP FOR THE SOUTH CENTRAL WATERFRONT WOULD MAYBE, YOU KNOW, WHAT HIS RELATIONSHIP WITH THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD WOULD BE IN THE FUTURE. GREAT. UM, THE MOBILITY AND TRANSPORTATION WORKING GROUP. UM, SO WE MET, UM, THE PAST WEEKEND, UH, AND SORT OF DISCUSSED, UH, SOME OF THE CONCERNS THAT WE HAD WITH THE CURRENT TRANSPORTATION CRITERIA MANUAL OR THE DRAFT. UM, AND I THINK WE ARE GOING TO MEET AGAIN, UH, AGAIN ON THE SATURDAY. UM, IF ANYBODY WHO'S PART OF THAT, CAN'T MEET, LET ME KNOW. AND, YOU KNOW, WE CAN TRY TO HAVE AN ADDITIONAL MEETING OR, YOU KNOW, THINK ABOUT RESCHEDULING THAT ONE. UM, AND AGAIN, JUST SORT OF THINK THROUGH VERY HIGH LEVEL, UH, YOU KNOW, SORT OF RECOMMENDATIONS OR AMENDMENTS THAT WE HAVE, THEY WILL WE'LL SHARE WITH THE, WITH THE ENTIRE COMMISSION. GREAT. THANK YOU. UM, WELL THAT IS IT. WE HAVE, UH, FINISHED WITH FOUR MINUTES LEFT. SO, UM, THIS MEETING IS OFFICIALLY AT 10 46. THANK YOU. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.