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[00:00:06]

IT IS SIX

[Determination of Quorum / Meeting Called to Order]

OR SEVEN, AND WE'RE GOING TO BRING THIS MEETING AT THE PLANNING COMMISSION TO ORDER.

UM, FIRST OFF, WE'RE GOING TO DO, UM, ROLL CALL AND IN CHAMBERS, UH, JUST, UH, SAY PRESENT OR, UH, INDICATOR HERE WHEN I MENTIONED HER NAME.

UH, SO WE HAVE, UH, MYSELF AS CHAIR, TODD SHAW, VICE CHAIR.

HEMPEL HERE.

WE HAVE, UH, COMMISSIONER ARE HERE AND I MAY GET THIS OUT OF ORDER.

I APOLOGIZE.

UH, COMMISSIONER, UH, COX.

OH, SORRY.

UH, COMMISSIONER, WE'RE STARTING WITH THOSE IN CHAMBERS CLINIC.

COMMISSIONER CONLEY HERE.

UH, WE HAVE COMMISSIONER MOSHE TODDLER HERE.

UH, COMMISSIONER SCHNEIDER HERE, COMMISSIONER SHEA HERE, COMMISSIONER THOMPSON HERE.

AND I AM, UH, I THINK I GOT EVERYBODY IN CHAMBERS, UH, THAT WE, UH, GOT COMMISSIONER GOING TO THE SCREEN HERE.

WE'VE GOT COMMISSIONER HOPS HERE.

YOU HAVE COMMISSIONER HOWARD, UH, COMMISSIONER YANAS PALITO HERE AND COMMISSIONER PRACTICES.

AND THEN WE HAVE EX-OFFICIO MEMBERS, UH, UH, COMMISSIONERS, JESSICA COHEN, AND ARTHI SING.

ALL RIGHT.

COMMISSIONER FLORES PRESENT.

I AM, UH, I GOT AN ARROW MOVE.

I DIDN'T PULL YOU DOWN TO THE VIRTUAL.

I AM SO SORRY.

UH, THANK YOU, COMMISSIONER FLORES.

OKAY.

UH, SO QUICK ANNOUNCEMENT.

THIS IS A HYBRID MEETING AND IT'S, YOU KNOW, WE'RE ALL WEARING MASKS AND WE'RE TRYING TO MAINTAIN SOME DISTANCE THING, UH, BUT, UH, I'LL MAKE IT.

SO, UH, YOU KNOW, WITH THAT, UH, WE HAVE A QUORUM OF COMMISSIONERS HERE IN CHAMBERS.

WE HAVE COMMISSIONERS THAT ARE ATTENDING VIRTUALLY.

UH, SO WE'LL BE TRACKING THE ACTIVITIES OF BOTH GROUPS.

UM, SO, YOU KNOW, ALTHOUGH WE'RE NOT PROHIBITIVE, UH, THE PUBLIC FROM BEING IN CHAMBERS, UH, WHEN IT'S NOT THERE ITEM, UH, YOU KNOW, AS I SAID, WE'RE STILL IN A PANDEMIC AND IT WOULD BE GOOD.

UH, IF WE COULD, WHEN YOUR ITEM IS NOT BEING DISCUSSED OR MADE IN THE ATRIUM.

AND THEN, UH, WE'LL, YOU KNOW, HAVE A TRANSITION PERIOD BETWEEN EACH DISCUSSION ITEM WHERE MR. RIVERA WILL, UH, GO OUT AND KIND OF SOME AND FOLKS THAT ARE OUT THERE, UH, THAT WERE BEGINNING THE NEXT ITEM.

AND WE HAVEN'T PRAYED A HEAVY AGENDA.

SO WE'D LIKE TO TRANSITION PRETTY QUICKLY.

SO PLEASE TRY TO PAY ATTENTION TO THE ITEMS AS THEY'RE COMING UP.

BUT, UM, UH, WITH THAT, UM, I THINK YOU'LL ALSO, IF YOU'RE SIGNED TO, TO SPEAK, YOU'LL GET A TEXT OR, UM, WRITE IN MR. RIVERA, IS THAT A TEXT THAT YOUR ITEMS COMING UP SHORTLY? UM, LET'S SEE, CHAIR, COMMISSIONER LIAISON AND CORRECTION CLARIFICATION.

THAT WOULD BE EMAIL, EMAIL, NOT TEXTS.

THANK YOU.

AND TO THAT, UH, MR. RIVERA IS GONNA HELP ME OUT WITH ANNOUNCING THE SPEAKERS DURING THE PUBLIC HEARINGS, KIND OF EMCEED THE HEARINGS.

AND SO JUST GOING THROUGH OUR KIND OF CHECKLIST HERE FOR THE COMMISSIONERS ATTENDING VIRTUALLY, UH, PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.

UM, AND, UH, SO WHEN VOTING, I'M GOING TO TRY TO STICK WITH THE PLAN ON COUNTING THOSE, UH, FOR BOTH ON THE DIOCESE AND ON THE SCREEN.

SO I GET A TOTAL OF THOSE IN FAVOR, AND THEN I'LL GO TO THOSE, UM, VOTING AGAINST, UH, AGAIN, LOOKING AT THOSE ON THE DYESS AND THEN COUNTING THOSE ON THE SCREEN.

AND THEN, UH, YES, PLEASE.

FOR THOSE OF YOU THAT ARE ATTENDING VIRTUALLY, UH, CAN'T GET MY ATTENTION BY RAISING YOUR HAND, PLEASE SPEAK UP.

IT'S, IT'S CHALLENGING KEEPING TRACK OF EVERYTHING HERE BETWEEN THE TWO PARTIES.

UM, AND I GUESS TO START OUT CITIZEN COMMUNICATION, DO WE HAVE ANYONE HERE? NOPE, NO CITIZEN COMMUNICATION.

UM, AND MOVING ON REAL QUICKLY, UH, TO ENERGIZE THEM A, UH, JUST WANT TO CHECK IF WE HAVE, UH, FOR APPROVAL OF MINUTES.

DO WE HAVE ANY COMMISSIONERS WITH ANY CHANGES TO THE MINUTES FOR THE MEETING ON OCTOBER, THAT WOULD HAVE BEEN 12, CORRECT.

OKAY.

SEEING NONE, WE'RE GOING TO MOVE THE APPROVAL OF MINUTES TO THE CONSENT AGENDA.

UM,

[Reading of Agenda]

SO OUR FIRST APP ACTIVITY TODAY IS TO GO THROUGH THE, UH, CONSENT AGENDA.

AND, UM, WHEN I'LL GO AHEAD AND DO IS I KNOW COMMISSIONER FLORES, AND WHEN YOU WERE HERE, WE WERE HAVING YOU READ THE FIRST ROUND AND I'M GOING TO GO AHEAD AND DO THAT BECAUSE I THINK IT'LL BE MAYBE A LITTLE MORE DIFFICULT TO READ THAT FROM WHERE YOU ARE.

SO, UM, LET'S GO AHEAD AND MAKE A FIRST PASS

[00:05:01]

AT READING THROUGH THE STAFF'S PROPOSED CONSENT ITEMS. SO LET'S SEE, UH, AS WE SAID, UM, WE HAVE APPROVAL OF MINUTES THAT WE'VE, UM, WE HAVE NO CHANGES TO, AND THEN JEN ITEM, THE V PUBLIC HEARINGS, UH, WE WILL TAKE UP B ONE IS A DISCUSSION POSTPONEMENT.

UH, WE HAVE NEIGHBORHOOD REQUESTED POSTPONEMENT AND THE AFRICANIST, UH, OPPOSED, UM, ITEMS, B2 AND B3 WILL BE DISCUSSION ITEMS TAKEN UP TOGETHER.

AND THEN WE HAVE ITEM BEEF FOR IS, UM, PLAN AMENDMENT, UH, NPA 20 21 0 0 2 3 0 1 DOT S H MAIN ROAD AND NORTHEAST DRIVE.

UH, THAT IS THE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH.

WE HAVE WHERE HE ZONING, UM, FOR THAT, UH, PROPERTY C 14 20 21 0 1 3 THREE.SH MAIN ROAD NORTHEAST DRIVE AGAIN, NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH.

APPLICANT IS IN AGREEMENT, UH, ITEM B6, REZONING KC 14 20 21 0 1 3 7.

UM, ADDRESS 34 27 JEFFERSON STREET.

WE ALL, THAT'S A DISCUSSION CASE THIS EVENING.

UH, ITEM B SEVEN IS REZONING ON CONSENT.

SEE 14 20 21 DASH 0 1 5 4 CLAWSON ROAD RESIDENCES.

WE HAVE BEEN B EIGHT REZONING CASE C 14 H 2021 DASH 0 1 4 FOR REUBEN IT HOUSE.

AND THAT IS ON CONSENT OF A BENIGN.

THIS IS A RIGHT OF WAY VACATION CASE 2021 DASH 0 4 7 0 0 1 HARVEY STREET BETWEEN EAST 12TH AND SOLD WILSON AVENUE.

AND THIS IS ON CONSENT.

WE HAVE ITEM B 10.

THIS IS A SITE PLAN, UM, PARKLAND APPEAL, CASE NUMBER SP 20 20 0 4 1 9 C CHRONIC MULTIFAMILY, UH, STAFF POSTPONEMENT DATE TO BE DETERMINED B 11.

UH, THIS IS A SITE PLAN SP C DESK 2021 DASH 0 1 3 1 8 ZILKER CAFE.

THIS IS, UH, UM, OUR LAST DISCUSSION CASE THIS EVENING, HOPEFULLY, UH, B 12.

WE HAVE FINAL PLAT OF APPROVED PRELIMINARY PLAN, UH, CASE NUMBER C EIGHT DASH 2020 DASH 0 0 3 7 1 A MARSHALL RANCH SUBDIVISION.

AND THIS IS DISAPPROVAL FOR REASONS IDENTIFIED IN EXHIBIT C OF THE BACKUP.

SO THAT IS, UH, THE ITEMS, OH, LET'S GO ON, CARRY ON COMMISSIONERS.

I AM PROPOSING THAT WE INCLUDE ITEMS ONE AS A CONSENT ITEM, AND THESE ARE THE AMENDMENTS FROM OUR TRANSPORTATION CRITERIA MANUAL WORKING GROUP.

UH, THERE WAS IN THE BACKUP AND, UM, LET'S SEE, JUST QUICKLY BEFORE WE DECIDE ON THAT, I'M GOING TO DO THE, ANY OF THE WORKING GROUP MEMBERS HAVE SOME QUICK COMMENTS ON THAT, UM, FROM THE WORKING GROUP THAT THEY'D LIKE TO SHARE.

THANK YOU, CHAIR.

UM, I THINK THE MAIN COMMENT THAT WE HAD FROM OUR WORKING GROUP WAS JUST A BIG THANK YOU TO STAFF, BECAUSE A LOT OF THE QUESTIONS AND ISSUES THAT WE HAD RAISED EARLIER, WE COULD SEE HAD BEEN ADDRESSED IN THE DCM DRAFT, LATEST DRAFT.

SO WE REALLY APPRECIATE THEM PAYING ATTENTION TO WHAT, UM, SOME OF THE ISSUES WERE THAT WE WERE RAISING.

AND THEN OF COURSE THANKING ALL THE COMMISSIONERS WHO WERE PART OF THIS WORKING GROUP AS WELL, AND PARTICULARLY COMMISSIONER THOMPSON FOR HIS LEADERSHIP.

THANK Y'ALL ANY, UH, CONCERN ABOUT MOVING THAT TO CONSENT.

C ONE.

OKAY.

I SEE NONE.

AND WE ALSO, AND I'M GOING TO MAKE A CORRECTION ON, UH, THANK YOU, MR. RIVERA FOR, UH, YOU BRINGING TO MY ATTENTION B NINE, I'LL SAY, WELL, I'LL GO AND DO THAT NOW.

SO V NINE, IF I UNDERSTAND WE'VE HAD SPEAKERS, UH, SO WE'RE GOING TO GO AHEAD AND PULL THAT FOR DISCUSSION.

AND THAT IS, UH, B NINE WAS RIGHT AWAY VACATION, UH, CASE NUMBER 20 21 0 4 7 0 0 1 ON HARVEY STREET BETWEEN THESE 12 AND SEOUL WILSON.

UH, WE'RE GOING TO TAKE THAT UP FOR DISCUSSION.

OKAY.

THANK YOU.

UH, THE OTHER ITEM, UM, I WOULD LIKE TO PROPOSE, WE MOVED TO, UM, CONSENT IS C2 IN THE ADDENDUM.

AND IF YOU HAD A CHANCE TO LOOK AT THAT, UM, AND WE CAN, UH, HAVE BRIEF DISCUSSION HERE IF YOU HAVE QUESTIONS.

UH, BUT THIS IS, UM, WE HAVE BEEN TOLD THAT, UH, THE FUTURE PLANS FOR WHERE WE CARRY OUT THESE MEETINGS WILL BE AT THE HIGHLAND MALL CAMPUS.

AND, UH, THERE'S BEEN A NUMBER OF CONCERNS FROM BOTH ZAP AND

[00:10:01]

THE BLA.

AND SO WE, UM, I'VE TALKED TO A FEW FOLKS AND I THINK, UH, UM, I'M PROPOSING THAT WE CHANGE OUR RULES TO REFLECT A LOCATION, WHICH IS CITY HALL, AND THAT IS ITEM C TWO.

UH, BUT THEN, UH, WE WOULD TAKE A PAUSE ON C3 AND ALLOW, UH, THE LEGAL STAFF TO MAKE A DETERMINATION OF WHAT ELSE IS NEEDED.

DO WE NEED TO PROCEED ON AT THAT POINT TO CHANGE OUR BYLAWS AND, AND GO TO THE CITY COUNCIL, UM, AUDIT AND FINANCE COMMITTEE.

UH, SO THAT WOULD BE THAT'S YET TO BE DETERMINED.

SO IT WOULD GIVE, WE WOULD POSTPONE C3 UNTIL OUR NEXT MEETING WHEN WE HAVE, UH, THE LAW DEPARTMENT LOOK INTO THAT.

SO THAT WOULD BE POSTPONED.

SO DO I HAVE ANYBODY THAT WANTS TO COMMENT ON ITEM C TO CHANGING OUR RULES TO INCLUDE CITY HALL IS OUR MEETING LOCATION.

OKAY.

OH, OKAY.

I SEE COMMISSIONER COX.

I'M SORRY.

I MISUNDERSTOOD.

SO, SO THE VOTE TODAY MEANS WHAT, AND THEN THE VOTE.

YES.

SO WE, WE VOTE, WE ARE GOING TO VOTE ON JUST CHANGING OUR RULES, WHICH WE CAN DO TO SPECIFY A LOCATION, UH, THAT THE LOCATION WHERE WE MEET IS A CITY COUNCIL CHAMBERS, OR A CITY, UH, CITY HALL.

THE, THE C3 IS WE THINK WE NEED ALSO FOR THE COUNCIL TO APPROVE A CHANGE TO OUR BYLAWS, TO ALSO SPECIFY THE LOCATION WHERE WE MEET, BUT WE NEED A LI UH, WE NEED THE LAW DEPARTMENT TO WEIGH IN ON THAT.

SO WE'RE DEFERRING THAT VOTE UNTIL A LATER DATE CHARIOT, AND WE NEED TO RECEIVE CONFIRMATION FROM THE CITY MANAGER AND CITY CLERK.

OKAY.

THANK YOU.

SO, YEAH, ALL NOT ONLY THE DEPARTMENT, BUT ALSO CITY MANAGER AND CITY CLERK.

GO AHEAD.

UH, COMMISSIONER COX, IF, IF THE VOTE TODAY IS TO CHANGE OUR RULES ABOUT WHERE THE PLANNING COMMISSION MEETINGS ARE HELD, I KNOW WE'VE GOT A PACKED AGENDA, BUT I KIND OF FEEL LIKE THAT DESERVES DISCUSSION.

CAUSE I DO HAVE SOME QUESTIONS ABOUT HOW WE ENDED UP HERE.

I'M SURE.

AND I DON'T KNOW ABOUT THE REST OF THE COMMISSION, BUT I THINK IT DESERVES DISCUSSION.

OKAY.

I WILL GO AHEAD AND PULL IT.

SO, UH, WE'LL PULL THAT ITEM FOR DISCUSSION.

SO C2 IS, WILL, UH, BE A DISCUSSION TOPIC.

ALL RIGHT.

SO, UM, DO YOU HAVE ANY, OH, HOLD ON.

WE GOT, DO WE HAVE ANY COMMISSIONERS THAT NEED TO RECUSE THEMSELVES OR STAIN? UH, ANY OF THE ITEMS TONIGHT I'LL BE ABSTAINING, BUT, UH, FROM, UH, B 11, THE ZILKER CAFE, UM, I WORK WITH THE TEAM THAT'S LEADING THE ZILKER PARK VISION PLAN, AND I DON'T NEED TO VOTE ON THAT.

ALRIGHT, THANK YOU.

UH, LOOKING AROUND, I DON'T SEE ANY OTHERS.

OKAY.

AND THEN MR. RIVERA, I GUESS I'VE GONE THROUGH THE, UM, PROPOSED, UH, CONSENT AGENDA.

DO WE HAVE ANY CHANGES BETWEEN THE LAST TIME I READ IT? ANY OTHER SPEAKERS SIGNING UP CHAIR COMMISSION LAYS ON THE HANDOVER, YOUR, UM, UM, THE CASES ARE AS RED AND, UH, YOU'RE READY TO DISPOSE OF THE CONSENT AGENDA WITH A VOTE.

OKAY.

UM, SO I'M GONNA, UH, GO OVER ONE MORE TIME, REALLY QUICKLY, JUST, UH, READING THE NUMBER AND THE ACTION.

UM, SO LET'S DO THAT.

SO WE'VE HAVE, UH, APPROVAL OF MINUTES.

UM, WE HAVE ON PUBLIC HEARINGS, ITEM B ONE, THIS IS A DISCUSSION POSTPONEMENT ITEM B TWO IS DISCUSSION.

B3 IS DISCUSSION BEFORE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH, B FIVE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH, THESE SIX DISCUSSION, THE SEVEN CONSENT, THE EIGHT CONSENT B NINE IS DISCUSSION B 10 IS A STAFF POSTPONEMENT TO DATE TO BE DETERMINED.

B 11 IS DISCUSSION AND B12 IS DISAPPROVAL FOR REASONS, UH, IDENTIFIED IN EXHIBIT C.

UM, OKAY, SO SAY IT AGAIN.

OH, OH YES.

THANK YOU.

AND ALSO ON CONSENT IS, UH, AGENDA ITEM C ONE.

SO DO I

[Consent Agenda]

HAVE A MOTION APPROVE THE MINUTES APPROVED THE CONSENT? OH, CLOSE THE PUBLIC HEARING AND APPROVE THE MINUTES AND THE CONSENT AGENDA, COMMISSIONER CONLEY MOTION TO CLOSE THE PUBLIC

[00:15:01]

HEARING AND APPROVE THE CONSENT AGENDA.

OKAY.

THANK YOU VERY MUCH.

I HAVE A SECOND COMMISSIONER, MUCH TALLER.

LET'S GO AHEAD AND VOTE.

UH, THOSE ON THE DIOCESE, UH, UNANIMOUS THOSE ON THE SCREEN.

OKAY.

I GOT EVERYBODY OKAY.

YES, UNANIMOUS.

ALRIGHT.

SO THE FIRST ITEM

[B1. Rezoning: C14-2021-0009 - 1725 Toomey Rd; District 5]

TODAY IS GOING TO BE THE, UH, DISCUSSION POSTPONEMENT CATCH UP HERE ON ITEM B ONE.

AND LET'S JUST GO OVER REAL QUICK.

WE'VE GOT ANDREW, WE, UH, THIS ONE, THERE'S NO STAFF PRESENTATION.

WE MOVE RIGHT INTO TWO MINUTES FOR, UH, TWO SPEAKERS FOUR, AND THEN THE SPEAKER IS AGAINST, UH, WE HAVE TWO OF THEM AND TWO MINUTES FOR EACH OF THEM.

IS THAT CORRECT? CORRECT.

WITH THE CLARIFICATION THAT THAT'S A, THE, THE INITIAL SPEAKERS WILL HAVE THREE MINUTES AND THE SECONDARIES WE'LL HAVE TWO MINUTES AND WE'LL BEGIN BY HEARING FROM MR. DAN SEAWALL.

OKAY.

AND REQUESTING THE POSTPONEMENT.

THANK YOU.

HOW ARE WE DOING, UM, CROSSING POSTPONEMENT AGAIN, UH, ON 1725 TUMI ROAD.

UM, THERE'S NO TRAFFIC ANALYSIS.

IT'S, UM, IT'S AT THE ENTRANCE OF ZILKER PARK, UM, YOU KNOW, WITH ACL AND, AND, UH, BUTTS UP, RIGHT.

THE STAIRS THING, WHICH, YOU KNOW, ON ANY GIVEN WEEKDAY NIGHT HAS, UH, CERYS TRAFFIC AND, AND ACCESS ISSUES IT'S IN ITSELF.

AND SO, YOU KNOW, A TRAFFIC ANALYSIS WAS WAIVED ON THIS CASE, UM, ALMOST A YEAR AGO, UH, FROM AN HITCHENS I BELIEVE, UH, CLAIMING I THINK THAT, UH, FOR FUTURE LAND USE TO BE FINALIZED.

AND I'M ASSUMING THAT MEANS THE DAUGHTRY ARTS CENTER, WHICH IS DOWN TO TWO DESIGNS.

AND SO I'M ASKING THAT AMANDA SWORE, WHO IS THE APPLICANT ON THIS REZONE CASE, UM, AND VERY FAMILIAR WITH THE, UH, ENTITLEMENTS OF THE AREA, DO A TRAFFIC ANALYSIS FOR, UH, FOR OBVIOUS REASONS.

AND, AND, AND THE FACT THAT IT WAS WAIVED A YEAR AGO.

UM, I'D LIKE THE TEST TO LOOK INTO, UM, YOU KNOW, THE SITUATION ON WHY IT WAS WAIVED A YEAR AGO IS, IS, IS STATED IN THE REZONING, UM, REQUEST AND THE REZONING CASE.

BUT, UM, BUT, UH, AND I CAN ONLY LEAD IT TO BELIEVE, TO BE THE DAUGHTRY ART CENTERS, WHY, UM, WHY IT WASN'T DONE, BUT I THINK IT'S PRETTY COMMON FOR A TIA TO BE PERFORMED WITHIN A RESOUND CASE.

AND SO I'M ASKING FOR POSTPONEMENT, SO THAT CAN BE DONE.

THANK YOU.

I CAN SHARE NOW WE'RE HERE FOR A MISS AMANDA'S OR MISS, OR YOU'LL HAVE THREE MINUTES.

GOOD EVENING.

COMMISSIONERS ON AMANDA SWORE WITH JENNER GROUP.

UH, WE WOULD RESPECTFULLY REQUEST THAT THE COMMISSION HEAR THIS CASE THIS EVENING.

I BELIEVE STAFF IS HERE THAT COULD ADDRESS THE POSTPONEMENT QUESTION OR THE TRAFFIC QUESTION, BUT WE HAVE AGREED TO FOUR NEIGHBORHOOD POSTPONEMENTS AND THE TECHNICAL DIFFICULTY AND RESPECTFULLY, WE HAVE TENANTS HERE AS WELL AS I BELIEVE, REPRESENTATIVES FROM ZILKER THAT WOULD LIKE TO HEAR THE CASE TONIGHT.

THANK YOU.

SURE.

COMMISSIONER LIAISON, THAT CONCLUDES THE SPEAKERS FOR DISCUSSION POSTS.

OKAY.

UH, QUICKLY COMMISSIONERS I'M PROPOSING THAT WE SHORTEN OUR Q AND A, UH, JUST COULD WE HAVE SUCH A, UH, LARGE, UM, BUSY AGENDA TONIGHT.

AND SO IT WOULD TAKE A MAJORITY VOTE TO DO THIS, BUT THE REAL CHANGE THAT I'M PROPOSING IS ONLY, UH, WE'LL START WITH, UM, THREE NUMBERS FOR Q AND A.

AND, UM, AND REMEMBER, WE'RE ONLY ASKING QUESTIONS ABOUT THE MERITS OF THE POSTPONEMENT, NOT THE CASE.

THAT'S JUST TO BE CLEAR HERE.

SO, UM, DO I HAVE, UH, ANYBODY THAT WOULD WISH TO, UM, UH, SUPPORT A MOTION FOR, UH, REDUCING THE NUMBER OF QUESTIONS, UH, COMMITTED, UH, VICE-CHAIR HEMPHILL, UH, THE SECOND, UH, COMMISSIONER SHEA, UH, LET'S GO AND PUT THAT INTO A VOTE AGAIN, THIS FOR THREE QUESTIONS INSTEAD OF OUR STANDARD EIGHT.

SO ON THE DIASTAT IS IN FAVOR.

I SEE 1, 2, 3, 4, 5, 6, 7 1.

UH, WELL, NOT YET SEVEN AND NOTICE ON THE SCREEN THAT ARE IN FAVOR.

UM, AYE.

OKAY.

COMMISSIONER HOWARD.

I CAN'T, IT'S HARD TO SEE YOUR CARD.

IT'S LIKE, YOU'RE HIDING IT FROM ME.

IT'S REALLY WEIRD.

IT'S HIDING IN THE TREES.

I SEE IT IN GREEN.

OKAY.

WE HAVE COMMISSIONER FLORES.

UH, SO THAT'S TWO IN

[00:20:01]

FAVOR AND THEN, UH, THOSE AGAINST ON THE DIOCESE.

UM, OKAY.

COMMISSIONER THOMPSON AND THOSE IN THE VIRTUAL SPACE THAT ARE AGAINST THIS MOTION, WE HAVE TWO AGAINST, AND THEN THOSE, UH, ABSTAINING.

I SEE A ONE.

OKAY.

SO THAT MOTION PASSES 9 3, 2 1.

SO WE'RE GOING TO GO AND ALLOW THREE QUESTIONS.

SO LET'S GO AND START WHO, UH, WHICH COMMISSIONER HAS THE FIRST QUESTION REAL QUICK.

DO WE HAVE TO CLOSE PUBLIC HEARING OR NOT ON THIS? IS THIS NO.

OKAY.

SO, UH, ON THE MERITS OF THE CASE ONLY HE WANTS THE FIRST QUESTION.

UH, I'M SORRY.

MERITS OR THE POSTPONEMENT.

I'M CONFUSING EVERYONE.

I MEAN, IF YOU'RE SHY, I MIGHT AS WELL ASK SOME QUESTIONS.

YEAH.

UM, SO I WOULD LIKE TO LET'S SEE THE REQUESTER OF THE POSTPONEMENT.

UM, I HAVE SOME QUESTIONS FOR YOU.

UM, SO MY QUESTIONS ARE LIKE WHEN, USUALLY ON POSTPONEMENTS, WE NEED TO IDENTIFY A TIME TO DELAY IT TOO.

SO DO WE, DO YOU HAVE ANY REQUESTS OF WHEN, FOR THE SHORTER ROUTE? UM, I FIGURED JUST CAUSE IT WAS DOWN TO TWO DESIGNS, UM, AND, UH, AND THE APPLICANT'S FAMILIARITY WITH THE REGION, UM, UH, THAT I WENT FOR THE SHORTER ONE FOR JUST TO GO FOR NOVEMBER 9TH.

I BELIEVE IT WAS, UM, WHAT DO WE, IS THERE SOMETHING THAT'S GOING TO BE HAPPENING BETWEEN NOW AND NOVEMBER 9TH, THE TRAFFIC AND THE TRAFFIC IMPACT ANALYSIS TO BE IS TO BE PERFORMED IT'S TO BE YOU PERFORMED A COMPLETED.

YES.

OKAY.

SO THAT IS ACTIVELY GOING ON RIGHT NOW.

NO, IT'S NOT THE, UM, THE REZONING CASE.

IT WAS WAIVED AND, UM, AND THAT WAS ABOUT ALMOST A YEAR AGO AND IT WAS WAIVED.

UM, IT WASN'T VERY CLEAR, BUT I THINK, UH, IT SHOULD BE POSTPONED.

SO ONE, UH, AN, AN ANALYSIS CAN BE DONE OF, UH, BUT SO IS THAT SOMETHING IN THE WORKS OR IS IT SOMETHING THAT NO, SIR, NO, SIR.

IT'S, UH, IT'S WAY THE, UH, IT'S WAIVED UNTIL A SITE PLAN IS GOING TO BE ISSUED.

OKAY.

SO POST BONDING TO NOVEMBER 9TH, ISN'T GOING TO GET US, IT'S GOING TO GET US A TRAFFIC IMPACT ANALYSIS PERFORMED, WHICH IS PART OF THE REQUIREMENT OF, UH, OF, UH, OF A REGION.

SO, SO YOU'RE THINKING THE NEXT COUPLE OF WEEKS IT CAN BE COMPLETED, I THINK EASILY.

YES, SIR.

AND I'M IN, UH, I'M IN DEVELOPMENT AND I'VE DONE THEM BEFORE.

OKAY.

SO, UM, CAN WE ASK STAFF IF THAT TIMING IS RIGHT? IS THERE SOMEBODY IN STAFF THAT CAN TELL US IS THIS IN-PROCESS IS, UM, UH, YEP.

YEP.

STAFF IS GOING TO COME UP.

OOPS, SORRY.

HI, UH, AMBER HUTCHINS AT THE AUSTIN TRANSPORTATION DEPARTMENT.

SO THE DETERMINATION WAS WAIVED OR DEFERRED TO THE SITE PLAN.

IT WASN'T RELATED TO THE DIRTY ART CENTER.

IT WAS RELATED TO THIS PARTICULAR TRACT.

IT'S OUR PREFERENCE THAT WE, WE LIKE TO ACTUALLY HAVE THE SITE AND THE ACCESS AND EVERYTHING KIND OF PLANNED OUT BEFORE WE REQUESTED TIA.

THAT BEING SAID, THIS SITE ONLY GENERATES 1,170 TRIPS CODE ONLY ALLOWS A TIA AT 2000.

SO WE WOULDN'T BE ABLE TO REQUEST A TIA AT THIS TIME ANYWAYS.

OKAY.

SO THERE'S NOT A TIA PROPOSED AT THIS POINT, CORRECT.

OKAY.

SO, UM, BACK TO THE REQUESTER, SO IT, I GUESS MY CONCERN IS I, I DON'T KNOW WHAT WAY TO NOVEMBER 9TH, CAUSE THERE'S NO PRODUCT COMING THAT YOU'RE REQUESTING.

UM, RIGHT.

WELL, IT WAS, UM, IT'S IN THE FILE THAT IT'S ACTIVELY BEING WAIVED AND THE AMOUNT OF TRIPS IS 250 RIGHT NOW.

AND, UM, LIKE I SAID, IT'S RIGHT AT THE CORNER OR THE END OF TOOMIANS THURSDAY.

UM, WHICH IS, WHICH IS A PRETTY IMPORTANT PART OF, OF, YEAH.

AND, AND I APPRECIATE, UM, YOU KNOW, LIKE, YOU KNOW, AS WE KIND OF LOOK INTO IT, BUT THAT'S WHEN WE WOULD BE DISCUSSING THE CASE, BUT IN THIS CASE HERE, I'M TRYING TO SEE IF WE NEED TO DELAY IT TO GET MORE DATA, IF NOT, THEN, YOU KNOW, POTENTIALLY WE SHOULD HEAR IT TO SEE MAYBE.

SURE, SURE.

UM, I ASKED, UM, LAST WEEK, UM, WHEN I ASKED FOR THE POSTPONEMENT, UM, THAT THE ANALYSIS BE DONE AND HOW FAST THAT CAN GET DONE, I THINK WOULD BE RELATIVELY QUICK.

AND IF IT'S NOT IN RELATION TO THE, TO THE DAC, UM, YOU KNOW, THIS IS AN MF SIX REZONE FOR, UH, 1100 OR SO UNITS, IF I'M NOT MISTAKEN OR I'M SORRY, 215 UNITS, 1,105 TRIPS.

GOTCHA.

AND, UM, AND SO, SO THOSE ARE MERITS OF THE CASE AND WE CAN'T DISCUSS THAT AT THIS POINT, SO WE CAN DISCUSS IT IF IT GOES INTO DISCUSSION, BUT YEAH, BUT JUST IN RELATION TO THE, TO THE TRAFFIC, RIGHT? LIKE IT'S, IT'S PRETTY CLEAR.

UM, AT LEAST FROM WHAT I CAN SEE THAT THE DEVELOPMENT, YOU KNOW, UM, IS THE TRAFFIC ANALYSIS

[00:25:01]

CAN BE PERFORMED WITHOUT HAVING TO HAVE A DESIGN OF WHAT THE MULTI MULTI-FAMILY UNIT STRUCTURE IS GOING TO BE.

SO THAT'S ONE OF MY QUESTIONS.

DO YOU HAVE ANY MORE? NOPE.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

UH, COMMISSIONERS, I'M LOOKING AROUND THE ROOM.

ANYBODY ELSE WANT THE SECOND QUESTION? UH, I'M GOING TO GO TO NASA.

I DON'T SEE ANY HANDS.

SO I'LL GO AND TAKE THIS OPPORTUNITY.

SO FOR STAFF, UH, I HAVE A QUESTION AS TO THE PREVIOUS PUMPS PONED MINTS AND THE DATES OF THOSE POSTPONEMENTS AND WHO WHO'S SPECIFICALLY REQUESTED THEM.

IF WE HAVE THAT, I'M TRYING TO GET A SENSE OF DIFFERENT NEIGHBORHOOD GROUPS WERE INVOLVED, OR IF IT'S BEEN ONE NEIGHBORHOOD, UM, YOU KNOW, ASSOCIATION OR YES, GOOD EVENING COMMISSIONERS, KATE CLARK WITH THE HOUSING AND PLANNING DEPARTMENT, THIS CASE, WHICH WAS ORIGINALLY SCHEDULED FOR THE FIRST TIME ON JULY 13TH.

AND THAT WAS A POSTPONEMENT REQUEST BY THE ZILKER NEIGHBORHOOD ASSOCIATION.

THE SECOND POSTPONEMENT WAS ON JULY 27TH, AND I BELIEVE THAT ONE WAS BY MR. SEWELL, THE AUGUST 24TH PUBLIC HEARING.

UH, WE DID HAVE IT, HOWEVER, THAT WAS THE DAY THAT WE WERE HAVING TECHNICAL DIFFICULTIES.

AND YOU COULDN'T HEAR ME SPEAKING, UM, ON THE PHONE.

AND SO WE HAD TO CANCEL THAT PUBLIC HEARING ON SEPTEMBER 14TH.

UH, IT WAS BY THE BARTON TENANTS ASSOCIATION, OCTOBER 12TH WAS THE BARTON TENANTS ASSOCIATION.

AND THEN THIS EVENING IS MR. SEWELL AGAIN.

OKAY.

UM, QUICK QUESTION.

THANK YOU.

UM, AND THEN FOR MR. SEWELL, DO YOU, ARE YOU ASSOCIATED WITH ANY OF THESE OTHER GROUPS OR ARE YOU JUST, UM, AN INDIVIDUAL REQUEST? I'M SORRY.

I SHOULD HAVE INTRODUCED MYSELF, UH, TO BEGIN WITH, UM, I'M A TENANT ON THE PROPERTY.

UM, AND, UM, I AM A MEMBER OF CNA, A NEW, A RELATIVELY NEW MEMBER, UM, WITHIN THE YEAR.

UM, BUT, UM, YOU KNOW, MY FIRST POSTPONEMENT REQUEST WAS JUST WAS ASKING, UM, FOR A POSTPONEMENT.

SO FEDERAL OSHA INVESTIGATION COULD BE CONDUCTED, UM, OF A TREE REMOVAL THAT HAD BEEN PERFORMED.

SO, AND WE SAW THE BACKUP ON THAT, I GUESS.

UM, UM, SO YOU, YOU UNDERSTAND THAT WE TYPICALLY PROVIDE HONOR ONE FOR THE NEIGHBORHOOD, UH, AND THAT'S KIND OF THE STANDARD.

SO THIS ONE IS GONE.

I THINK ONE, TWO, THEY GOT A, GOT A FREEBIE THERE WITH THE TECHNICAL DISCIPLINE TECHNICAL DIFFICULTIES.

SO THIS ONE IS, I THINK, FAR EXCEEDED ANY NUMBER OF POSTPONEMENTS I'VE EVER SEEN.

I THINK I'VE BEEN HERE AS LONG AS MOST FOLKS HERE.

SO THIS IS A LARGE NUMBER OF POSTPONED AND YOU, YOU KNOW, UM, THERE'S OBVIOUSLY SOME SCRUTINY WITH THE CASE.

UH, I, YOU KNOW, I CAN ONLY SPEAK TO THE ONES THAT I'VE DONE.

I'M NOT A MEMBER OF, UH, BARTON TENANTS.

UM, I, YOU KNOW, I LIVED THERE, BUT YEAH.

OKAY.

THANK YOU.

THANK YOU.

UM, I HAVE NO MORE QUESTIONS, SO WE HAVE ONE MORE SPOT, UH, FOR OTHER COMMISSIONERS.

OKAY.

I DON'T SEE ANY, DO WE HAVE A MOTION, UH, COMMISSIONER SHEA, I'LL MAKE THE MOTION TO DENY THE POSTPONEMENT.

OKAY.

DO WE HAVE A SECOND COMMISSIONER? UH, BIZARRE.

UH, OKAY.

UH, DO YOU WANT TO GO AND SPEAK TO YOUR MOTION? I THINK, UM, WE'VE BEEN THROUGH QUITE A FEW DIFFERENT, UH, POSTPONEMENTS ON THIS ONE AND A LOT OF THE, UH, INFORMATION THAT, UM, THE REQUESTER HAS BEEN BRINGING UP.

UM, I FEEL IT COULD BE DISCUSSED DURING THE CASE AND RE YOU KNOW, AND THE INFORMATION COULD COME UP FROM THERE TO HELP US DECIDE WHAT TO DO NEXT.

SO THERE'S NOTHING ELSE WE CAN DO, BUT REALLY CURE THE CASE AND, YOU KNOW, AND, AND THEN, UH, TAKE ACTION OF SOME SORT OF ANOTHER TO HELP FIGURE OUT THE NEXT STEPS.

OKAY.

COMMISSIONERS THAT ARE AGAINST, UH, EMOTION.

UM, ANDY'S THAT HE WANT TO SPEAK FOR AGAINST.

ALL RIGHT.

LET'S GO AND TAKE A VOTE, UH, THOSE ON THE DIOCESE, UH, GO AND RAISE THEIR HAND FOR THOSE IN FAVOR.

ALL RIGHT.

THAT'S EVERYONE DOES ON THE, UH, VIRTUAL WORLD.

UH, DOESN'T FAVOR AND FAVOR.

UH, OKAY.

THAT IS UNANIMOUS.

UH, SO WE ARE THE, THE MOTION TO DENY THE POSTPONEMENT, UH, WAS MADE BY COMMISSIONER SHAY SECONDED BY COMMISSIONER CZAR.

AND WE HAVE A UNIT ON THE UNANIMOUS VOTE TO DENY THAT.

SO WE'RE GOING TO HEAR IT THIS EVENING.

UH, AND THAT'S ITEM B ONE.

SO THAT'S, THAT WOULD BE NEXT, CORRECT.

MR. RIVERA.

SO WE'LL HAVE STAFF GO AHEAD AND, UH, GIVE US A SUMMARY OF THIS CASE.

[00:30:03]

GOOD EVENING COMMISSIONERS.

MY NAME IS KATE CLARK WITH THE HOUSING PLANNING DEPARTMENT, AND I'M PRESENTING ITEM V1 ON YOUR AGENDA.

THIS IS CASE NUMBER C 14 DASH 2021 DASH 0 0 0 9.

THIS PROPERTY IS LOCATED AT 1725 TUMI ROAD OUT THE SOUTH EAST INTERSECTION OF STAIRS AND STREET, AND TO ME ROAD, AND IT IS APPROXIMATELY 0.9 ACRES.

IT IS CURRENTLY ZONE C S AND DEVELOPED WITH AN EXISTING MULTIFAMILY DEVELOPMENT AND ASSOCIATED PARKING ADJACENT ZONING CONSISTS OF CS TO THE EAST AND SOUTH OF THE PROPERTY ACROSS STAIRS STREET TO THE WEST, R C S C S C O AND L OZONE TRACKS.

AND TO THE NORTH ACROSS TUMI ROAD IS THE BUTLER SHORES METRO PARK, WHICH IS ZONED P.

THE APPLICANT IS REQUESTING TO REZONE TO SEE US FROM TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT.

WITH UP TO 215 UNITS, STAFF IS RECOMMENDING THE APPLICANT'S REQUEST REZONE TO NF SIX.

THIS PROPERTY IS LOCATED 320 FEET FROM BARTON SPRINGS ROAD.

AND JUST OVER A QUARTER OF A MILE FROM SOUTH LAMAR BOULEVARD, BOTH STREETS ARE IDENTIFIED IN THE AUSTIN STRATEGIC MOBILITY PLAN AS LEVEL THREE STREETS AND HAVE CAP METRO BUTTS ROUTES RUNNING ALONG THEM.

ONE OF WHICH IS A NATURAL RAPID HIGH-FREQUENCY ROUTE AND IS PROPOSED TO BE ENHANCED THROUGH PROJECT CONNECT.

SOUTH LAMAR BOULEVARD IS ALSO IDENTIFIED AS A CORE TRANSIT CORRIDOR AND THE LAND DEVELOPMENT CODE AND AN ACTIVITY CORRIDOR IN THE IMAGINE AUSTIN COMPREHENSIVE PLAN.

ADDITIONALLY, THIS PROPERTY IS ACROSS THE STREET FROM BUTLER SHORES, METRO PARK, AND IT'S WITHIN A QUARTER OF A MILE OF ZILKER PARK, THE BUTLER HIKE AND BIKE TRAIL, AND THE PFLUGER PEDESTRIAN BRIDGE REZONING.

THIS PROPERTY TO MSX WOULD BE CONSISTENT WITH THE PURPOSE STATEMENT OF THE ZONING DISTRICT.

IT WOULD ALSO PROVIDE INCREASED RESIDENTIAL OPPORTUNITIES NEAR SIGNIFICANT PUBLIC SPACES AND WITHIN WALKING DISTANCE OF EXISTING AND PLANNED TRANSIT CORRIDORS.

THANK YOU.

THAT CONCLUDES MY SUMMARY.

AND I'M HERE.

IF YOU HAVE ANY QUESTIONS, WE'RE HERE FROM MS. MENDEZ, UH, MS. OR YOU'LL HAVE FIVE MINUTES.

THANK YOU.

I DO BELIEVE I HAD A LITTLE BIT OF TIME DONATED TO ME.

THIS IS MISS AMY.

ARFON PRESENT.

I'M SORRY.

Y'ALL HAVE EIGHT MINUTES.

THANK YOU.

AND I DID HAVE A PRESENTATION.

IT HAS A BLACK SCREEN ON IT.

THIS IS THE FIRST TIME I'VE GOTTEN TO DRIVE MY OWN PRESENTATION IN A YEAR AND A HALF.

IT'S REALLY GREAT TO SEE ALL OF YOU IN PERSON AND NOT HAVE TO SAY NEXT SLIDE.

YOU CAN STILL SAY NEXT SLIDE IF YOU'D LIKE, JUST SO DON'T GET TOO COMFORTABLE.

UM, GOOD EVENING EVERYBODY.

MY NAME IS AMANDA SWORE.

I'M HERE THIS EVENING REPRESENTING THE PROPERTY OWNERS FOR 1725.

TUMI ROAD IS STAFF MENTIONED THIS PROPERTY IS JUST UNDER AN ACRE AND IT SITUATES I'M A VISUAL PERSON.

SO IT SITUATES ON THE SOUTHEAST CORNER OF .

AND TO ME, UH, THE PROPERTY IS CURRENTLY ZONED TO CSS.

UM, BUT AS I MENTIONED, IT IS IN THE WATERFRONT OVERLAY.

THEREFORE, THE PROPERTY, EVEN THOUGH IT IS CS, IT DOES HAVE THE RIGHT TO DEVELOP RESIDENTIAL PROPERTIES TODAY.

GIVEN, GIVEN THE OVERLAY I COVERED MOST OF THIS, UM, AGAIN, THE SITE IS JUST UNDER AN ACRE.

IT IS LOCATED IN THE WATERFRONT OVERLAY, BUT MOST IMPORTANTLY, IT HAS CURRENTLY DEVELOPED TODAY WITH 39 MULTI-FAMILY RESIDENTIAL UNITS.

UM, THESE PROPERTIES HAVE BEEN AROUND FOR A LONG TIME.

THEY WERE BUILT IN THE, IN THE SEVENTIES AND THEY ARE IN A AREA OF TOWN THAT IS LOOKING TO REDEVELOP.

AND SO THAT IS REALLY WHERE THIS, UH, THIS REZONING CAME FROM.

AS THESE PROPERTIES WERE STARTING TO END THE TERM OF THEIR LIFE.

AS I MENTIONED, THIS PROPERTY IS WITHIN THE BUTLER SHORES SUB-DISTRICT OF THE WATERFRONT OVERLAY AND THE BUTLER SHORE SUB DISTRICT HAS TWO SETBACKS, A PRIMARY SETBACK, AND A SECONDARY SETBACK.

THIS PROPERTY DOES HAVE A PRIMARY SETBACK OF 35 FEET ON IT.

WE ARE NOT REQUESTING ANY MODIFICATIONS TO THE WATERFRONT OVERLAY.

AND I WANT TO SAY THAT AGAIN, OFTENTIMES, UM, PROPERTIES THAT HAVE COME IN AND THE WATERFRONT OVERLAY AND REQUESTED ADDITIONAL HEIGHT HAVE DONE THROUGH DONE SO THROUGH A PUD PROCESS.

AND IF REQUESTED MODIFICATIONS TO THE WATERFRONT OVERLAY, THIS PROJECT WILL BE FULLY COMPLIANT WITH THE WATERFRONT OVERLAY REGULATIONS.

THE REQUEST IS ALSO CONSISTENT WITH THE MAXIMUM HEIGHT ALLOWED IN THE WATERFRONT OVERLAY.

SO OUR REQUESTED REZONING IS FOR MF SIX, WHICH HAS A MAXIMUM HEIGHT OF 90 FEET SINCE ITS INCEPTION.

THE WATERFRONT OVERLAY HAS HAD A MAXIMUM HEIGHT OF 96 FEET.

UH, AGAIN, OUR REQUEST IS FOR YOU TO SUPPORT STAFF'S RECOMMENDATION OF MF SIX WITH THIS PROJECT BEING LESS THAN A MILE FROM THE NEW PROPOSED RAIL STOP AND IN CLOSE PROXIMITY TO EXISTING TRANSIT.

I WANT TO TAKE THE REST OF MY TIME.

UM, OH WAIT, I WANT TO HIT THIS, SORRY.

THIS IS WHAT HAPPENS WHEN YOU DRIVE YOUR OWN PRESENTATION.

SO, UH, THE PROPOSED PROJECT

[00:35:01]

IS FOR 215 MULTI-FAMILY RESIDENTIAL UNITS, AS, AS WE'VE TALKED ABOUT, AND YOU'VE HEARD FROM STAFF WITH THE LOCATION TO TRANSIT INTO PARKS, WE ARE PROPOSING TO UNDER PARK THIS PROJECT.

SO TO REALLY TAKE ADVANTAGE OF THE TRANSIT THAT'S THERE.

SO WE ARE PROPOSING APPROXIMATELY 215 MULTI-FAMILY RESIDENTIAL UNITS AND WOULD BE PARKING AT, UNDER, UH, UNDER A SPACE PER UNIT.

WE HAVE, UM, SPENT A LOT OF TIME WITH THE VARTAN TENANTS ASSOCIATION.

I WANT TO SAY THIS PUBLICLY NOW.

AND IN MANY TIMES THEY HAVE GONE ABOVE AND BEYOND ON THEIR PERSONAL TIME TO MEET WITH US IN THE EVENINGS ON THE WEEKENDS TO GET TO A PLACE WHERE WE ARE IN AN AGREEMENT WITH THE TENANTS ON WHAT A RELOCATION WOULD LOOK LIKE.

AND SO I'M GOING TO, I'M GOING TO RUN THROUGH THESE, IF THERE'S ANY SPECIFIC QUESTIONS, PLEASE LET ME KNOW, BUT WE HAVE AGREED TO A MINIMUM OF A HUNDRED AND DAY, 180 DAY NOTICE OF PROPOSED DEMOLITION ON THE PROPERTY, WHETHER THAT'S, UM, IN, IN THREE YEARS OR NOW WE'VE, WE'VE AGREED TO MEET THAT, THAT NOTIFICATION, AND ALSO PROVIDED AN ADDITIONAL 90 DAY NOTIFICATION UPON THAT 90 DAY NOTIFICATION, THE TENANTS THAT ARE, UM, CURRENT TENANTS TODAY THAT ARE STILL IN THE PROPERTY WILL NOT PAY RENT, UM, FOR THAT, FOR THE NEXT 90 DAYS.

IN ADDITION, ONCE THAT INITIAL HUNDRED AND 80 DAY NOTIFICATION HAS GIVEN ANY TENANT THAT WANTS TO TERMINATE THEIR LEASE, UH, MAY DO SO WE WILL, WE WILL ALSO NOT TERMINATE LEASES FROM THE TIME, UM, THAT THE MEMORANDUM OF UNDERSTANDING WAS SIGNED EARLIER TODAY WITH THE TENANTS, UM, WITHOUT GOOD.

CAUSE WE ALSO HAVE AGREED THAT THERE WILL BE NO RENT INCREASE, UM, MORE THAN 10% PER YEAR.

THESE UNITS ARE.

UM, THERE'S A LOT OF TENANTS THAT HAVE BEEN HERE A LONG TIME.

AND A LOT OF THESE LEASES ARE AT, UH, AT BELOW WHAT A MARKET RENT PROJECT COULD GET HERE.

SO WE'VE AGREED THAT WE WOULDN'T TOMORROW RAISE THESE RENTS TO, TO CURRENT MARKET, WHICH WOULD PRICE OUT MANY OF THE TENANTS.

WE'VE ALSO AGREED TO REFUND ALL SECURITY AND PETS DEPOSITS PRIOR TO DEPARTURE, UM, TO PAY FOR $500 IN MOVING EXPENSES AND $250 IN ADMINISTRATIVE FEES, WHICH COVERS, UM, APPLICATIONS, ALL, ALL OF THOSE THINGS.

IN ADDITION, WE'VE AGREED TO PAY THE FIRST MONTH'S RENT, UM, FOR ANY TENANT AT THE NEW LOCATION.

UH, I MENTIONED THE NO PENALTY FOR EARLY DEPARTURE AND THE ONCE THE NEW PROJECT IS BUILT THE RIGHT TO RETURN FOR ANY OF THE TENANTS THAT ARE CURRENTLY THERE TODAY.

WE'VE ALSO TALKED ABOUT WHAT A FUTURE PROJECT LOOKS LIKE AND WORKED WITH THEM TO COME UP WITH AN AFFORDABLE HOUSING PROPOSAL FOR THE PROJECT.

SO WITH THAT, WE ARE PROPOSING TO RESERVE 12% OF THE NEW UNITS AT 80% MFI FOR A RENTAL PROJECT, WHICH IS WHAT WE'VE BEEN PROPOSING.

IF THIS WERE TO TURN TO A CONDO PROJECT, IT WAS ONE OF THE THINGS THAT THE TENANTS WANTED TO ADDRESS WAS THAT 5% OF THOSE NEW UNITS WOULD BE RESERVED AT 80% MFI.

AND SO WITH THAT, I'M HAPPY TO STOP AND ANSWER ANY QUESTIONS THAT THERE MIGHT BE.

UM, I DO HAVE THE REPRESENTATIVE FROM THE OWNER HERE, IF THERE ARE ANY SPECIFIC QUESTIONS AND WE AGAIN, REQUEST YOUR SUPPORT FOR STAFF'S RECOMMENDATION.

THANK YOU.

NOW WE'LL HEAR FROM MR. DAVID PIPER, MR. PIPER YOU'LL HAVE FIVE MINUTES.

UM, DAVID PIPER, THE SECRETARY OF THE ZILKER NEIGHBORHOOD ASSOCIATION.

SO THIS ZONING CASE IS EXACTLY WHAT THE WATERFRONT OVERLAY WAS CREATED TO PROTECT AGAINST A TALL BUILDING THAT WOULD LOOM OVER BARTON CREEK.

AND THERE WAS A PICTURE IN THE BACKUP MATERIAL OF WHAT THAT WOULD LOOK LIKE FROM LOU NEFF POINT.

PLEASE NOTE THAT THE WATERFRONT ZONING HEIGHT LIMIT IS THE LOWER OF 96 FEET OR THE BASE ZONING, WHICH IS 60 FEET.

IN THIS CASE, TWO BUILDINGS IN BUTLER SHORES HAVE 96 FEET ZONING, BUT THEY'RE BOTH PUDS, WHICH IS VERY DIFFERENT THAN MF SIX.

OWNING THOSE PUDS ARE DIRECTLY ON SOUTH LAMAR BOULEVARD AND WE'RE REQUIRED TO PRO PROVIDE EXTENSIVE PUBLIC BENEFITS, SUCH AS OPEN SPACE, MIXED USE PUBLIC ACCESS.

THE BARTON PLACE CONDOS ARE 75 FEET IN THE REAR, BUT THE OWNERS OF THAT PROJECT TRADED ARE 15 FEET OF EXTRA HEIGHT AT THE BACK OF THE BUILDING FOR KEEPING THE FRONTAGE ON BARTON SPRINGS ROAD.

AT TWO STORIES.

IN ADDITION, THEY CONTRIBUTED TO PUBLIC USE TRAIL TO CONNECT BARTON SPRINGS ROAD WITH TUMI ROAD.

ALSO, THOSE DEVELOPERS KICKED IN ENOUGH AFFORDABLE HOUSING MONEY TO THE MARY LEE FOUNDATION, JUST UP THE ROAD THAT ALLOWED THEM TO LEVERAGE FEDERAL DOLLARS AND RENOVATE THE FOUNDATION'S ENTIRE CAMPUS.

1725 TUMI CASE APPEARS TO BE PURELY SPECULATIVE ZONING.

THE ONE ACRE PROPERTY IS LISTED FOR $32 MILLION LIKELY IN ANTICIPATION OF GETTING 50% HEIGHT INCREASED, UH, ALLOWED BY MF SIX, GRANTING ZONING WOULD JUMP THE PRICE OF ALL THE OTHER DEVELOPABLE PROPERTIES, LONG TUMI ROAD AND BARTON SPRINGS ROAD, SUCH AS THE SHADY

[00:40:01]

GROVE PROPERTY, THE PECAN GROVE TRAILER COURT, AND THE ICONIC RESTAURANTS THAT HAVE COME TO DEFINE THE AREA.

THE CITY NEEDS AFFORDABLE HOUSING.

WE CAN GET SO MUCH MORE PUBLIC GOOD OUT OF DEVELOPABLE LAND THAN MF SIX PROJECTS THAT UNDERCUT OPTIONS SUCH AS AFFORDABILITY UNLOCKED VMU AND OTHERS.

FOR EXAMPLE, THERE'S A PROJECT IN THE WORK SET 2001 SOUTH LAMAR FOR A 453 UNIT MULTIFAMILY DEVELOPMENT WITH 227 AFFORDABLE UNITS, SMART HOUSING CERTIFICATION LETTER FOR THAT PROJECT STATES THAT 92 OF THE UNITS WILL SERVE HOUSEHOLDS AT 50%, 50% MFI AND 90 WILL SERVE HOUSEHOLDS AT 60% MFI.

SO THAT IS WAY LOWER.

AND THAT'S WHAT'S HAPPENED IN ALONG LAMAR AND THIS AREA DOWN AND DOWN THROUGH THERE.

NOW, THE THERE'S PEOPLE GOING REALLY LOW, UM, MFI, AND WE WANT TO SEE THAT CONTINUE.

UM, THE AFFORDABILITY ON LOCKED APPLICATION FOR THAT PROJECT ALSO INDICATES THAT FOR THE ONE I WAS JUST TALKING ABOUT AT LEAST 25% OF THOSE UNITS, AFFORDABLE UNITS TO BE AVAILABLE FOR OLDER PERSONS, THAT'S THE TYPE OF HOUSING AUSTIN NEEDS.

IF THIS MF SIX REZONING AT, UH, TUMI ROAD GOES THROUGH AND GIVES WHITE THE HEIGHT BONUS, WE SHOULD EXPECT NEW INVESTORS TO FORGO VMU AND SMART HOUSING APPLICATIONS.

INSTEAD FILE FOR MS. SIX REZONING WITH ZERO VERY LITTLE AFFORDABILITY REQUIREMENTS.

WHY WOULD INVESTORS PROVIDE AFFORDABILITY IF THEY CAN GET INCREASED ENTITLEMENTS WITHOUT HAVING VMU OR SMART HOUSING? IN ADDITION TO THE 2 27 AFFORDABLE UNITS I MENTIONED EARLIER, THERE'S ALSO THE, I HAVE A LIST OF JUST ALL SORTS OF AFFORDABLE UNITS.

SO I'M NOT GOING TO READ THEM HERE IN SAKE OF TIME IN THE AREA THERE, UM, DEEPLY AFFORDABLE UNITS THAT ARE GOING IN TO FOUNDATION COMMUNITIES OF, YOU KNOW, VIEWS BEING USED FOR THE BIDDLE.

A UNLOCKED IS BEING USED FINALLY UP THROUGH THERE.

SO OBVIOUSLY THESE OPTIONS ARE NOT A FIT FOR THE CURRENT OWNERS PLANS AT 1725 TO ME, HOWEVER, THE CITY IS NOT OBLIGATED TO FACILITATE SPECULATIVE REAL ESTATE INVESTMENTS.

IF THEY'RE NOT IN THE PUBLIC INTEREST, URGE YOU TO VOTE AGAINST THIS REZONING CASE AND ALLOW BETTER PROJECT TO EMERGE IS MORE IN LINE WITH THE PUBLIC INTEREST, OTHER VIABLE, RELATIVELY NEW RESIDUE, RESIDENTIAL PROJECTS, LITERALLY NEXT DOOR TO 1725 TO ME WERE BUILT AT 60 FEET.

THERE'S NO GOOD REASON TO GRANT A 50% HEIGHT INCREASE AT THIS LOCATION, WHICH HAS SET A PRECEDENT FOR THE AREA AND LEAD TO MUCH HIGHER HOUSING PRICES IN THE AFTERMATH AND QUASH, ANY HOPE FOR VMU OR AFFORDABILITY ON LOCK OPTIONS IN BUTLER SHORES AND NEARBY.

THANKS.

WELL, I'LL HEAR FROM MR. BILL BUNCH, MR. BUNCH, YOU DON'T HAVE THREE MINUTES.

MR. BUNCH.

YOU HAVE THREE MINUTES WHEN I'LL HEAR FROM MR. DAN C.

WELL, MR. C, WELL, YOU'LL HAVE THREE MINUTES.

THANK YOU.

UM, I'D LIKE TO STATE THAT ALL OF THOSE CONCESSIONS THAT, UM, THE APPLICANT SHOWED ON THE SCREEN, THERE WERE NOT MADE UNTIL AFTER I HAD, UH, GOTTEN THE POSTPONEMENT FOR, UH, THIS CASE.

AND, UM, AND OBVIOUSLY WOULDN'T HAVE BEEN, UM, HAD NOT GOTTEN THE POSTPONEMENT, UM, ENDED ALL, YOU KNOW, THE WAY THIS WENT DOWN.

IT'S BASICALLY, AND I SEE THAT KEITH MARS THIS YEAR DIVISION MANAGER OF THE, UH, ARBORIST DEPARTMENT.

UM, BUT THE REDEVELOPMENT OF THIS SITE WAS, IS SOLELY BASED OFF THE REMOVAL AND ILLEGAL REMOVAL I WILL SAY OF, UH, BY WITHHOLDING, UM, TO OBTAIN A PERMIT.

UH, AND THAT WAS THE ONE THING THAT WAS PROTECTING THIS SITE FROM REDEVELOPMENT, FROM AN ECONOMIC STANDPOINT.

AND, UM, YOU KNOW, THEY, YOU KNOW, IT, THE WAY THIS WHOLE PROCESS HAS GONE DOWN HAS BEEN, UH, HAS BEEN ONE OF JUST, UH, QUIET AND DO IT AS QUICK AS POSSIBLE.

AND WE DID NOT KNOW OF A TREE REMOVAL PERMIT UNTIL, YOU KNOW, UH, THE LEGAL 24 HOURS BEFORE.

[00:45:01]

AND IT WAS PERFORMED, YOU KNOW, ABOVE OUR HEADS, MOST DANGEROUS JOB SITE I'VE EVER SEEN.

AND I'VE, YOU KNOW, WORKED ON SOME OF THESE HOTELS HERE, UM, YOU KNOW, AND, YOU KNOW, IT'S, IT'S, UH, I'LL, I'LL LET KEITH SPEAK TO SOME MORE OF THE DETAILS OF IT, BUT, UM, I'M GLAD HE'S HERE.

AND, AND IT WASN'T EASY JUST TO, TO, TO GET WHAT I HAD, UH, FROM HIM, NOT FROM HIM PERSONALLY, BUT TO GET TO HIM IN, THROUGH THE, THROUGH THE BUREAUCRACY.

UM, THE, THE CONCESSIONS THAT WERE, THAT WERE ALSO SHOWN, UH, WERE JUST AGREED UPON AN HOUR AGO, TWO HOURS AGO.

AND SO IT'S BEEN A VERY, YOU KNOW, TO THE LAST MINUTE, UM, YOU KNOW, UH, ARE YOU GOING TO MAKE, ARE YOU GETTING, ARE YOU NOT? AND, UH, IT WAS A PUSH JUST TO GET THOSE AND A REASON I'M NOT ACCEPTING THEM IS BECAUSE, UH, YOU KNOW, THIS PROPERTY WAS BOUGHT FOR 7.3 MILLION AND S UH, AS MR PIPER SAID, I BELIEVE 32 MILLION.

AND THE ONLY DIFFERENCE IN THE, IN THE, IN THE, IN THE ENTIRE THING IS WHO THE OWNER IS.

AND THE TREE BEING REMOVED, UH, 200, ALMOST 200 YEAR OLD, UH, PECAN HERITAGE PROTECTED PECAN TREE.

UM, THAT WAS ONE OF THE TALLEST AND OLDEST THAT AUSTIN HAD.

AND, UM, AND, AND AGAIN, I'LL LET KEITH MAHER SPEAK TO THAT, BUT, UM, THOSE ARE THE ONLY TWO DIFFERENCES IN THE PROPERTY, UM, IN ONE YEAR.

AND, AND, UM, YOU KNOW, I CAN SPEAK TO THE REZONING ITSELF, BUT, UH, THE FACT IS I'M A BUILDER AND I'M, I'M PRO DEVELOPMENT.

I'M PRO DEVELOPMENT.

I'M ALSO PRO TREE.

AND, AND I THINK WE CAN BE BOTH.

UM, THE, UM, UH, THE APPLICANT ON THIS CASE, UH, LAW FIRM, UH, SPECIALIZES IS A REAL ESTATE LOSS FIRM THAT SPECIALIZES IN TREE PERMITS.

AND, UM, YET SHE, AND, AND THIS, THIS TREE PERMIT WAS APPROVED AND THEN A WEEK AND A HALF LATER, THIS PERMIT TO REZONE WAS, WAS FILED AND, UM, NEGLIGENCE AT BEST.

IS THAT MY TIME? YEAH, THAT'S YOUR TIME.

THANK YOU.

SO THANK YOU.

WELL, NOW I HEAR FROM MR. WILLIAM MCWANE MR. QUINN, YOU'LL HAVE THREE MINUTES.

COMMISSIONERS.

THANK YOU FOR THE OPPORTUNITY.

THANK YOU FOR YOUR SERVICE VIRTUALLY AND IN PERSON.

UM, MY NAME IS WILLIAM QUINN.

I AM A 38 YEAR RESIDENT OF AUSTIN.

UM, I HAVE DEEP CONCERNS ABOUT THIS PROPOSAL, AND I AM DISAPPOINTED IN THE STANCE OF THE DEDICATED AND CLI, UH, VERY HIGHLY QUALIFIED CITY STAFF THAT OFFERS SUPPORT TO SOMETHING THAT EXCEEDS THE WATERFRONT OVERLAY LIMIT OF 60 FEET.

I THINK IT'S A LITTLE BIT DUPLICITOUS TO SAY IT'S UNDER THE 96 FEET.

WHEN, AS MR. PIPER POINTED OUT, WHAT IS, WHAT IS SPECIFIED IS THE LOWER OF TWO THAT TELLS ME SOMETHING, BUT I DO NOT WANT TO IMPUGN ANYBODY'S MOTIVE HERE.

IT GIVES ME GREAT CONCERN.

I APPRECIATE YOUR CONSIDERATION OF THIS, AND I URGE YOU TO DENY THIS APPLICATION.

WELL, I'LL HEAR FROM MR. RANDY.

HIDAD MR. DODD, YOU HAVE THREE MINUTES.

GOOD EVENING.

MY NAME IS ANDY HIDAD.

I'M NOT CURRENTLY A PART OF ANY NEIGHBORHOOD GROUPS.

I'M JUST A CITIZEN WHO GOT A NOTICE IN HER MAILBOX AND DECIDED TO GET INVOLVED.

I HAVE LIVED IN AUSTIN FOR THE MAJORITY OF MY LIFE, AND I TAKE PRIDE IN HOW WELL AUSTIN INCORPORATES NATURE INTO THE BURSTING CITY LANDSCAPE.

I RECENTLY MOVED TO THE ZILKER NEIGHBORHOOD.

I FEEL VERY PRIVILEGED TO LIVE THERE, AND I FEEL I HAVE TRULY FOUND THE PEOPLE WHO REFLECT WHAT AUSTIN HAS ALWAYS BEEN TO ME.

I GREW UP IN AUSTIN.

I COMPLETED ALL MY SCHOOLING IN AUSTIN FROM KINDERGARTEN THROUGH COLLEGE, WITH ITS AUSTIN, WITH ITS QUIRKY, CONSIDERATE, AND KIND WEIRDOS HAS SHAPED ME INTO WHO I AM TODAY.

I WOULD ASK THE PLANNING COMMISSION TO CONSIDER WHO THIS REZONING BENEFITS IN THE LONG-TERM DOES IT BENEFIT THE CURRENT RESIDENTS OF 1725.

TO ME AUSTIN'S WHO HAVE BEEN INVESTING AUSTINITES EXCUSE ME, WHO HAVE BEEN INVESTING IN THE COMMUNITY FOR DECADES WHO ARE BELOVED ELDERLY TEACHERS AND PEOPLE WHO ARE WORKING IN IMMIGRANT AND REFUGEE RESETTLEMENT NONPROFITS, DOES IT BENEFIT THOSE WHO SEEK TO FIND TRANQUILITY OFF OF TINY TUMI? THOSE AUSTINITES WHO USE OUR STREET TO BE ABLE TO ACCESS THE WONDERFUL PARKS, TRYING TO MANEUVER THEIR CARS, TO FIND PARKING ON THE SKINNY ROADS OF 2 MILLION STERLING STORES SAYING WE'RE AN INCREASE

[00:50:01]

IN CARS WOULD CAUSE AN INCREASE IN POLLUTION AND DECREASE IN THE VALUE OF THE PARKS.

DOES IT BENEFIT THOSE LIVING ON THE REST OF, TO ME, MYSELF INCLUDED THOSE WHO WOULD BE INUNDATED WITH EVEN MORE TRAFFIC NOISE POLLUTION FROM DEMOLITION AND CONSTRUCTION.

IF ADDITIONAL UNITS ARE ADDED TO OUR LITTLE BLOCK, I WOULD ARGUE THAT NONE OF THESE PEOPLE WOULD BENEFIT FROM THIS REZONING.

THE MAIN BENEFACTOR OF THIS REZONING WOULD BE THOSE WHO SEEK SIMPLY TO TURN A PROFIT.

THE HYPOTHETICAL NEW BUILDING WOULD LOOM OVER THE PARK, A BLIGHT ON THOSE WHO ARE LOOKING TO ENJOY THE NATURE THAT AUSTIN HAS TO OFFER.

IF THE CURRENT BUILDING WERE TORN DOWN, A UNIQUE BUILDING WOULD YET AGAIN, BE REPLACED BY A BORING HIGH RISE FILLED WITH TECH TRANSPLANTS WHO CARE LITTLE ABOUT PRESERVING.

WHAT MAKES AUSTIN UNIQUE, THIS REQUEST, REEKS OF GREED, AND AS THE ANTITHESIS ANTITHESIS OF WHAT I KNOW AUSTIN TO BE, WE CLAIM THAT AUSTIN SHOULD BE KEPT WEIRD, AND YET WE ARE MOVING FURTHER AND FURTHER AWAY FROM THAT GOAL.

WITH THESE NEEDLESS HIGH RISE MONSTROSITIES, PLEASE DO NOT GRANT THIS REQUEST FOR THE REZONING.

PLEASE ACT IN THE INTEREST OF THOSE WHO HAVE CALLED AUSTIN HOME FOR DECADES, AND THOSE WHO MIGHT VISIT OUR CITY AND APPRECIATE THE NATURE AND THE WEIRDEST WE CANNOT LOSE.

WHAT MAKES AUSTIN SO GREAT IN THE FACE OF GREED? WE CAN NOT BEND TO THOSE THAT WOULD SEEK TO TEAR DOWN OUR HISTORY.

THANK YOU.

SURE.

THAT CONCLUDES THE SPEAKERS PROPOSITION, WHO WILL NOW HEAR FROM THE APPLICANTS ON REBUTTAL FOR THREE MINUTES.

I BELIEVE THERE'S SOME SPEAKERS IN SUPPORT OF THE PROJECT AS WELL.

SURE MY APOLOGIES.

WE'LL HEAR FROM MR. MIKE MARTINEZ, CHARLES KAY COPS.

GOOD EVENING EVERYONE.

UH, MY NAME IS CHARLES COX.

I'M A TENANT AT 1 7 2 5 TUMI ROAD.

UH, I AM HERE TO REPRESENT THE BARTON TENANTS ASSOCIATION, UH, AS MS. POINTED OUT DURING HER PRESENTATION, WE HAVE NEGOTIATED OVER THE COURSE OF THE PAST SEVERAL MONTHS TO REACH AN AGREEABLE, UM, SET OF TERMS AND CONDITIONS THAT WOULD DICTATE OUR DISPLACEMENT FROM THE PROPERTY, UH, IF THIS REZONING WERE TO GO THROUGH.

AND SO I'M JUST HERE TO VOUCH ON THE BEHALF OF THAT, THAT THE BARTON SPRINGS TENANTS ASSOCIATION, THAT WE ARE NOT IN OPPOSITION TO THE REZONING.

THAT'S ALL I HAVE TO ADD.

THANK YOU.

SHOULD I REFRESHING THE SPEAKER LIST IS MR. MARK AND ADD-ON PRESENT I'M ALSO A TENANT AT A 1720 TIME.

SURE.

I BELIEVE THAT CONCLUDES THE SPEAKERS WILL NOT HEAR FROM MS. SOAR.

MR. ROY MARTIN RAY MARTINEZ.

UH, HELLO COMMISSION.

MY NAME IS RUDY MARTINEZ.

I WORK WITH PASTA, UH, BUILDING AND STRENGTHENING TENNIS ACTION, AND I'VE BEEN HELPING OUT THE GOOD FOLKS AT THE PARDON TENANTS ASSOCIATION.

AND SO I'D LIKE TO SPEAK A BIT ABOUT, UM, YOU KNOW, THE PROCESS THAT'S BEEN GOING THROUGH AND HOW TENANTS HAVE BEEN WORKING TOGETHER, UM, TO COME TO AN AGREEMENT WITH THE, UM, UH, DEVELOPERS AND THE APPLICANT AND HOW THAT PROCESS HAS GONE.

AND, YOU KNOW, WHEN THE TENANTS FIRST REALLY NOTICED WHAT WAS GOING ON, THEY WERE VERY CONCERNED AND THEY BEGAN TALKING TO THEIR NEIGHBORS.

UH, MARK OVER HERE WAS HANDING OUT FLYERS AND KNOCKING ON ALL OF HIS NEIGHBORS DOORS.

AND, YOU KNOW, WHEN WE CAME IN, WE LINKED UP AND STARTED WORKING TOGETHER.

AND IN THAT PROCESS, UM, WE FORMED THE BARDEN TENTS ASSOCIATION AND BEGAN, UH, OPENING UP THE DISCUSSIONS WE SURVEYED, UH, AS MANY UNITS AS POSSIBLE, ASK THEM VERY SPECIFIC QUESTIONS AS TO WHAT THEY WANTED, UM, IN SOME KIND OF NEGOTIATION WITH THE APPLICANT, UH, AND WHAT WE REALLY CAME DOWN TO.

AND I THINK THIS REALLY SHOWS THE, UM, YOU KNOW, THE, THE NATURE OF GOOD CITIZENS HERE AT THE BARTON TENANTS APARTMENTS, WHICH IS THAT THEY TALKED ABOUT AFFORDABLE HOUSING AND PROTECTIONS FOR THE, UM, FOR THEMSELVES AND FOR THEIR NEIGHBORS THAT WOULD LET THEM LIVE HERE AS LONG AS POSSIBLE, AND THEN MAKE SURE THAT THEY ARE TAKEN CARE OF IN THE FUTURE.

[00:55:01]

UH, AS WE'VE GONE THROUGH THAT PROCESS, YOU KNOW, IT'S, IT'S BEEN A LONG OOP BRAF TIME.

THANK YOU.

OKAY.

UNLESS THERE WAS ANY OTHER ADDITIONAL SPEAKERS, ONE OUT HERE FOR MS. SUAREZ, THREE MINUTES, THANK YOU.

AT CHEERING COMMISSIONERS, I WOULD JUST FOLLOW UP ON THE, REALLY THE WATERFRONT OVERLAY AND WHAT IT IS MEANT TO BE, AND WHAT IT DOES HERE IN THIS PROPERTY IS IN THE WATERFRONT OVERLAY.

IT HAS A CSA OWNING, BUT IT HAS BY RIGHT, THE ABILITY TO DEVELOP WITH RESIDENTIAL THAT WOULD HAVE NO AFFORDABLE HOUSING IN IT.

IT WOULD HAVE THE ABILITY TO KEEP THE 95% IMPERVIOUS COVER AND COULD ALL BE DONE BY RIGHT TODAY.

AND SO WE WORKED REALLY HARD TO GET TO A POINT, UM, AGAIN, WITH THE TENANTS WITH IT, WE WERE, WE'RE REALLY EXCITED TO BRING THAT PACKAGE FORWARD.

UM, WE ALSO HAVE, UH, WITH THIS REZONING AND THERE WAS SOME TALK ABOUT, UM, YOU KNOW, THE, THE PARKS AND ALL OF THOSE PIECES.

THIS WILL ACTUALLY REDUCE THEM.

PERVIOUS COVER MF SIX HAS A LOWER IMPERVIOUS COVER THAN SIESTAS IN THE WATERSHED.

I KNOW THAT THERE WAS SOME QUESTIONS ABOUT THAT IN THE BACKUP AND IN STAFF DIDN'T MENTION IT, BUT I WANTED TO MAKE SURE THAT I DID.

AND WE'RE ALSO, IT WAS A CITY THAT'S IN A HOUSING CRISIS.

AND IF WE DON'T WANT TO PUT HOUSING IN A LOCATION THAT HAS PROXIMITY TO TRANSIT, UM, I'M NOT EXACTLY SURE WHERE IT GOES IN AN ABILITY TO VOLUNTARILY PROVIDE AFFORDABLE HOUSING THAT WOULD OTHERWISE NOT BE ANY FOR A PROJECT THAT IN THE REALITY, UM, IS NOT GOING TO STAY HERE LONGTERM.

IT IS A PROJECT THAT IS INDIGENOUS LIFESTYLE.

SO WITH THAT, I'M HAPPY LIFE, TIME, NOT LIFESTYLE WITHOUT, I'M HAPPY TO PAUSE AND ANSWER ANY QUESTIONS.

THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH.

UM, WE'RE GOING TO GO AHEAD AND, UH, DO WE HAVE COMMISSIONER, UH, CLOSE PUBLIC HEARING? UH, MR. HEMPHILL, YOU GOT A SECOND, UH, COMMISSIONER SCHNEIDER.

UH, LET'S GO AND VOTE ON CLOSING THE HEARING.

UH, THAT'S ON THE DAYAS THAT'S EVERYONE AND THOSE VIRTUALLY THAT IS EVERYONE.

SO, UM, LET'S PUBLIC HEARING, UH, FIRST COMMISSIONER WITH THE QUESTION.

OKAY.

THANK YOU, JERRY.

UM, MS. FORD, CAN YOU PLEASE SPEAK TO THE, UH, AFFORDABILITY COMMITMENTS AGAIN? UH, YES, SIR.

IS PART OF THE MEMORANDUM OF UNDERSTANDING THAT WAS EXECUTED TODAY WITH THE TENANTS ASSOCIATION, WE ARE AGREEING TO ENTER INTO A PRIVATE RESTRICTIVE COVENANT, UM, WITH A MUTUALLY AGREED UPON PARTY.

AND WITH THAT, WE WOULD PROVIDE A 12% OF THE NEW UNITS AT 80% MEDIAN FAMILY INCOME THAT ULTIMATELY RESULTS IN OVER HALF OF THE NEW UNITS THAT WOULD BE ALLOWED UNDER OUR EXISTING ZONING TO THE NEW ZONING, UH, TO BE AFFORDABLE FOR RENTAL PROPERTIES.

IF THIS WERE TO TURNED CONDO, AGAIN, ALL OF OUR CONVERSATIONS HAD BEEN RENTAL, BUT THE TENANTS ASSOCIATED ONE ASSOCIATION WANTED SOME ASSURANCE.

IF IT WAS OWNERSHIP, THAT WOULD BE 5% OF THE UNITS AT 80% MEDIAN FAMILY INCOME.

AND AM I UNDERSTANDING THIS CORRECTLY THAT THE UNDERSTANDING IS THAT YOU WILL BE SIGNING A PRIVATE RESTRICTIVE GOVERNANCE BEFORE GOING TO COUNCIL? YES, SIR.

SO BE PART OF THE COMMITMENT.

AND THEN I ALSO HEARD THAT YOU SAID AN AGREED TO BOND PARTY, SO IT WOULD BE SOUGHT FOR THIRD PARTY WHO WOULD BE CHECKING IN ON COMPLIANCE TO MAKE SURE THAT WE'RE IN COMPLIANT YES.

AFFORDABLE TO YOUR GARMENTS.

OKAY.

THANK YOU.

THANK YOU.

UM, MR. MARTINEZ, I, CAN YOU PLEASE COMPLETE YOUR THOUGHT? I FEEL LIKE YOU WERE GOING TO SAY SOMETHING.

I WANT TO MAKE SURE THAT WE GET THROUGH THAT.

SURE.

I REALLY APPRECIATE IT.

UM, YOU KNOW WHAT I THINK I, I WILL TRY TO BE SUCCINCT HERE.

UM, I THINK THIS CASE IS AN EXAMPLE SORT OF MIRRORING A PREVIOUS ONE AT MESH APARTMENTS IN 2018.

AND WE SEE IS THAT THESE TENANTS ARE WORKING TOGETHER TO BETTER THEIR COMMUNITY AND TO, YOU KNOW, IMPROVE THE CITY, UM, IN A VERY DEMOCRATIC PROCESS IN A PROCESS THAT TOOK A LONG TIME, WHICH IS WHY SO MANY POSTPONEMENTS WERE ASKED AND ONES WHERE, YOU KNOW, THESE FOLKS MET CONSTANTLY AND CONSTANTLY REACHED OUT TO PEOPLE.

YOU KNOW, WE BOMBARDED PEOPLE'S EMAILS, WE TEXTED THEM, WE KNOCKED ON THEIR DOORS THREE TIMES.

AND, YOU KNOW, I THINK, UH, THAT IN OF ITSELF, AT LEAST FROM WHERE I'M COMING FROM IN BOSTON, IT'S INCREDIBLY IMPORTANT.

AND IT GIVES ME A LOT OF HOPE WITH WHAT IS, UM, WHAT CAN HAPPEN IN THE CITY AND THE PRECEDENT THIS CAN SET FOR FUTURE, UH, REZONING AGREEMENTS, UM, AS, SEE, THIS IS A BIG STEP UP FROM MASH, WHICH I'M SURE MANY OF THE COMMISSIONERS HERE ARE AWARE OF.

AND I THINK THAT'S A BIG DEAL.

AND, YOU KNOW, OBVIOUSLY I THINK WE COULD HAVE WANTED TO GO FURTHER, BUT, UM, I DO THINK IT IS, UM, SOMETHING WORTH CELEBRATING AND IT'S WORTH CELEBRATING FROM, FROM THE TENANTS WHO REALLY HAVE DONE THE VAST MAJORITY OF THIS WORK FOLKS LIKE CHARLIE, WHO HAVE BEEN DOING A LOT OF THE NEGOTIATION FOLKS LIKE MARK, WHO'VE BEEN REACHING OUT FOR MONTHS.

UM, YOU KNOW, THAT KIND OF STUFF IS, IS HUGE.

IT'S, IT'S NOT EASY.

UM, AND I THINK THAT SHOULD BE TAKEN INTO ACCOUNT.

SO THANK YOU SO MUCH FOR GIVING ME THE TIME, UH, UM, MR. AZAR, AND I HAVE A QUESTION EITHER FOR YOU OR MISS WORK.

CAN YOU PLEASE SPEAK TO THE FACT THAT, UM, IF I'M UNDERSTANDING

[01:00:01]

CORRECTLY, SO THE TENANTS ARE NOT OPPOSING THIS CASE AT THIS POINT, IS THAT CORRECT? AND THAT IS GREG.

OKAY.

THANK YOU.

I APPRECIATE THAT.

UM, AND THEN JUST TO UNDERSTAND A LITTLE BIT MORE ABOUT THE PROCESS WHEN I WANT TO TACK THE DENTIST FOR THEIR WORK, BUT CAN EITHER WANT TO FEEL, Y'ALL SPEAK TO THE, SORT OF THE, HOW LONG Y'ALL HAVE BEEN WORKING ON THIS AGREEMENT.

I'LL GIVE IT A SHOT AND LET ME KNOW WHEN, WHEN HANDS GO IN THE AIR.

SO WE, UH, WE HAD BEEN GOING THROUGH THIS PROCESS FROM A REZONING PERSPECTIVE FOR A WHILE.

WE BECAME AWARE THAT THE TENANTS HAD FORMED AN ASSOCIATION PROBABLY AROUND AUGUST, SHORTLY AFTER THE TECHNICAL GLITCH MEETING.

UM, AND AT THAT NEXT MEETING, UH, THE TENANTS ASSOCIATION ASKED FOR A POSTPONEMENT.

WE MET AND STARTED DIALOGUE SHORTLY AFTER THAT.

SO I'D SAY EVERY BIT OF SIX WEEKS, AND I KNOW THAT THEY HAD BEEN IN CONTACT BEFORE THAT.

YEAH, I APPRECIATE THAT.

AND I'M SORRY, JUST FOR ONE CLARIFICATION FROM YOU, UM, IS MY UNDERSTANDING, CORRECT THAT THE AGREEMENT ONLY HOLDS IF WE ZONE UP TO MSX TODAY, IS THAT CORRECT? THAT IS ACCURATE.

IT IS, UH, IT IS TIED TO THE REZONING.

OKAY.

I APPRECIATE THAT.

AND I FEEL LIKE ONE OF THE TENANTS MAYBE WANTED TO SAY SOMETHING.

I WANT TO MAKE SURE THAT WE THANK YOU.

I REALLY APPRECIATE THAT.

SURE.

COULD YOU, UH, REPEAT THE QUESTION THOUGH? EXACTLY.

WHAT HAVE YOU SURE.

I THINK I WAS JUST TRYING TO UNDERSTAND THE PROCESS