[00:00:06]
[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.
WE HAVE, UH, COMMISSIONER ARE HERE AND I MAY GET THIS OUT OF ORDER.
UH, COMMISSIONER, WE'RE STARTING WITH THOSE IN CHAMBERS CLINIC.
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.
I AM, UH, I GOT AN ARROW MOVE.
I DIDN'T PULL YOU DOWN TO THE VIRTUAL.
UH, THANK YOU, COMMISSIONER FLORES.
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.
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.
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.
SEEING NONE, WE'RE GOING TO MOVE THE APPROVAL OF MINUTES TO THE CONSENT AGENDA.
[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
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.
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.
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.
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.
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 DO I HAVE ANYBODY THAT WANTS TO COMMENT ON ITEM C TO CHANGING OUR RULES TO INCLUDE CITY HALL IS OUR MEETING LOCATION.
SO, SO THE VOTE TODAY MEANS WHAT, AND THEN THE VOTE.
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.
SO, YEAH, ALL NOT ONLY THE DEPARTMENT, BUT ALSO CITY MANAGER AND CITY CLERK.
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.
AND I DON'T KNOW ABOUT THE REST OF THE COMMISSION, BUT I THINK IT DESERVES DISCUSSION.
SO, UH, WE'LL PULL THAT ITEM FOR DISCUSSION.
SO C2 IS, WILL, UH, BE A DISCUSSION TOPIC.
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.
UH, LOOKING AROUND, I DON'T SEE ANY OTHERS.
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.
UM, SO I'M GONNA, UH, GO OVER ONE MORE TIME, REALLY QUICKLY, JUST, UH, READING THE NUMBER AND THE ACTION.
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.
AND ALSO ON CONSENT IS, UH, AGENDA ITEM C ONE.
[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.I HAVE A SECOND COMMISSIONER, MUCH TALLER.
UH, THOSE ON THE DIOCESE, UH, UNANIMOUS THOSE ON THE SCREEN.
[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.
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.
AND REQUESTING THE POSTPONEMENT.
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.
I CAN SHARE NOW WE'RE HERE FOR A MISS AMANDA'S OR MISS, OR YOU'LL HAVE THREE MINUTES.
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.
COMMISSIONER LIAISON, THAT CONCLUDES THE SPEAKERS FOR DISCUSSION POSTS.
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.
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.
UH, WELL, NOT YET SEVEN AND NOTICE ON THE SCREEN THAT ARE IN FAVOR.
I CAN'T, IT'S HARD TO SEE YOUR CARD.
IT'S LIKE, YOU'RE HIDING IT FROM ME.
[00:20:01]
FAVOR AND THEN, UH, THOSE AGAINST ON THE DIOCESE.COMMISSIONER THOMPSON AND THOSE IN THE VIRTUAL SPACE THAT ARE AGAINST THIS MOTION, WE HAVE TWO AGAINST, AND THEN THOSE, UH, ABSTAINING.
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.
SO, UH, ON THE MERITS OF THE CASE ONLY HE WANTS THE FIRST QUESTION.
I MEAN, IF YOU'RE SHY, I MIGHT AS WELL ASK SOME QUESTIONS.
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.
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.
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.
AND I'M IN, UH, I'M IN DEVELOPMENT AND I'VE DONE THEM BEFORE.
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.
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.
SO THERE'S NOT A TIA PROPOSED AT THIS POINT, CORRECT.
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.
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.
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.
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.
UH, COMMISSIONERS, I'M LOOKING AROUND THE ROOM.
ANYBODY ELSE WANT THE SECOND QUESTION? UH, I'M GOING TO GO TO NASA.
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.
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.
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.
UM, I HAVE NO MORE QUESTIONS, SO WE HAVE ONE MORE SPOT, UH, FOR OTHER COMMISSIONERS.
I DON'T SEE ANY, DO WE HAVE A MOTION, UH, COMMISSIONER SHEA, I'LL MAKE THE MOTION TO DENY THE POSTPONEMENT.
DO WE HAVE A SECOND COMMISSIONER? UH, BIZARRE.
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.
COMMISSIONERS THAT ARE AGAINST, UH, EMOTION.
UM, ANDY'S THAT HE WANT TO SPEAK FOR AGAINST.
LET'S GO AND TAKE A VOTE, UH, THOSE ON THE DIOCESE, UH, GO AND RAISE THEIR HAND FOR THOSE IN FAVOR.
THAT'S EVERYONE DOES ON THE, UH, VIRTUAL WORLD.
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.
SO THAT'S, THAT WOULD BE NEXT, CORRECT.
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
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.
IF YOU HAVE ANY QUESTIONS, WE'RE HERE FROM MS. MENDEZ, UH, MS. OR YOU'LL HAVE FIVE MINUTES.
I DO BELIEVE I HAD A LITTLE BIT OF TIME DONATED TO ME.
AND I DID HAVE A PRESENTATION.
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.
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.
[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.
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.
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.
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
[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.
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.
WELL, I'LL HEAR FROM MR. BILL BUNCH, MR. BUNCH, YOU DON'T HAVE THREE MINUTES.
YOU HAVE THREE MINUTES WHEN I'LL HEAR FROM MR. DAN C.
WELL, MR. C, WELL, YOU'LL HAVE THREE MINUTES.
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.
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.
WELL, NOW I HEAR FROM MR. WILLIAM MCWANE MR. QUINN, YOU'LL HAVE THREE MINUTES.
THANK YOU FOR THE OPPORTUNITY.
THANK YOU FOR YOUR SERVICE VIRTUALLY AND IN PERSON.
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.
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.
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 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.
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.
WE'LL HEAR FROM MR. MIKE MARTINEZ, CHARLES KAY COPS.
I'M A TENANT AT 1 7 2 5 TUMI ROAD.
UH, I AM HERE TO REPRESENT THE BARTON TENANTS ASSOCIATION, UH, AS MS.
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.
SHOULD I REFRESHING THE SPEAKER LIST IS MR. MARK AND ADD-ON PRESENT I'M ALSO A TENANT AT A 1720 TIME.
I BELIEVE THAT CONCLUDES THE SPEAKERS WILL NOT HEAR FROM MS. SOAR.
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.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.
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.
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.
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.
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.
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.
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.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.
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.
AND I FEEL LIKE ONE OF THE TENANTS MAYBE WANTED TO SAY SOMETHING.
I WANT TO MAKE SURE THAT WE THANK YOU.
COULD YOU, UH, REPEAT THE QUESTION THOUGH? EXACTLY.
I THINK I WAS JUST TRYING TO UNDERSTAND THE PROCESS OF WORKING THROUGH AND HOW LONG Y'ALL HAVE BEEN WORKING TOGETHER ON THIS.
UH, I GENERALLY THINK, UH, MISOURE CAPTURED IT CORRECTLY AGAIN, WE'VE, YOU KNOW, I KNOW THE NOTICES WENT OUT EARLIER.
IT TOOK US A LONG TIME, FRANKLY, TO GET TRACTION BECAUSE MOST OF US HAVE, THIS IS MY FIRST TIME IN CITY HALL.
YOU KNOW, THIS IS NOT A NORMAL PROCESS THAT WE'RE USED TO, BUT I THINK IT HAS BEEN A VERY ACTIVE DIALOGUE INTERNALLY AT THE BUILDING FOR WELL OVER TWO MONTHS AND, UH, AT LEAST SIX WEEKS OF RIGOROUS NEGOTIATIONS, UH, WITH THE OWNER AND THE APPLICANT FOR, FOR THIS PERIOD.
AND IT, IT DID LAST UP UNTIL THIS MORNING, WE'VE BEEN TRADING EMAILS AND WE'RE UP LATE LAST NIGHT WORKING ON THIS TO TRY AND TRY AND REACH A MUTUALLY BENEFICIAL AGREEMENT IN TIME FOR TONIGHT'S HEARING FROM THE DENTIST'S ASSOCIATE PERSPECTIVE THAT MUTUALLY BENEFICIAL AGREEMENT HAS BEEN REACHED.
WELL, THANK YOU VERY MUCH AND THANK YOU FOR ALL YOUR EFFORTS.
UM, COMMISSIONER SNYDER AND THEN FOLLOW IT.
YOU, ARE YOU NEXT WITH SHEA? THANKS, JERRY.
UH, I THINK, UH, IF I HAVE A FEW QUESTIONS FOR MS. SUAREZ FIRST, UM, SO, UM, YOUR, UH, THE, THE PLEDGE THAT YOU PLANNED TO PUT IN A RESTRICTIVE COVENANT THAT'S FOR 12% OF THE UNITS AT 80%.
AND SO, UH, IF YOU BUILD OUT FULLY TO TWO 15, DOES THAT GET YOU LIKE 25 UNITS? IS THAT THE IDEA? I THINK IT WAS 26.
UM, UH, SO I SAW ON THE BACK, UH, UH, FOR SALE NOTICE FOR THIS PROPERTY, DOES, DOES YOUR CLIENT PLAN TO DEVELOP THIS OR IS, IS THIS PROPERTY STILL FOR SALE? WE'VE BEEN VERY CLEAR WITH THE TENANTS AS WE'VE GONE THROUGH THIS PROCESS IS THAT WE, WE REALLY JUST DON'T KNOW YET.
UM, SO AS WE, OUR TENANT AGREEMENT IS BOTH IT'S EFFECTIVE IMMEDIATELY.
WE HAVE ALL SIGNED THE DOCUMENTS, BUT IT ALSO STAYS IN PLAY FOR SEVERAL YEARS.
SO IF MY CLIENT DECIDES TO LEAVE THE PROPERTY IN PLACE, THAT'S WHERE THE, THE RENT INCREASES COME INTO PLAY, WHERE IT WOULDN'T BE, YOU KNOW, SOLD AND SOMEBODY JUST PLACED THE TENANTS IMMEDIATELY.
SO THE IMMEDIATE PLANS, YOU KNOW, WE'VE BEEN WORKING THROUGH DIFFERENT OPTIONS, WHICH IS WHY WE PUT THE TENANT AGREEMENT INTO PLACE.
AND SO, UH, LIKEWISE IF YOU DECIDE TO SELL, UM, AND NOT THE AGREEMENT RUNS WITH THE PRIMARY SURE.
THAT ALL OF THE AGREEMENT OR THE AFFORDABILITY COMMITMENT, BUT BOTH.
UM, SO THE MEMORANDUM OF UNDERSTANDING HOW WELL HAS THE AFFORDABILITY COMPONENT IN IT THAT WILL BE PUT INTO THE THIRD-PARTY RESTRICTIVE COVENANT.
UH, BUT THE MOU ALSO HAS ADDENDUMS TO LISA'S THAT HAS THE NOTIFICATION AND ALL OF THOSE PIECES, WHICH IS WHY WE ALL WANTED TO MAKE SURE THAT THAT WAS EXECUTED TODAY.
UM, SO THOSE LEASE AMENDMENTS, WE ACTUALLY HAD A LOT OF CONVERSATION OVER THE LAST FEW DAYS TO ENSURE THAT THE TENANTS HAD THE PROTECTION AS THIS WENT THROUGH THE PROCESS.
SO THOSE LEASE AMENDMENTS ARE EFFECTIVE WHILE WE GO THROUGH THE PROCESS.
IF THE ZONING WERE TO BE DENIED, THEN THOSE WOULD, UM, WOULD NO LONGER BE IN PLACE.
BUT AS SOON AS THE ZONING IS, UM, IS APPROVED THOSE LEASE AMENDMENTS STAY IN PERPETUITY FOR THE TENANTS.
SO THAT'S FOR THE PEOPLE WHO ARE THERE AT THIS MOMENT.
SO DOES THIS APPLY TO ANYBODY WHO LEASES NEW OR IS THERE NO PLAN TO CONTINUE TO LEASE THE SPACE? IT IS FOR THE EXISTING TENANTS, UH, AS PART OF THE AGREEMENT, WE DO HAVE A REQUIREMENT TO PROVIDE NOTIFICATION
[01:05:01]
THAT THE PROPERTY IS PROPOSED FOR REDEVELOPMENT AS PART OF OUR, UH, MEMORANDUM OF UNDERSTANDING WHAT THE TENANTS, BUT THIS AGREEMENT APPLIES TO EXISTING TENANTS TODAY.SO, UM, AS PEOPLE ROTATE THROUGH OR PEOPLE LEAVE, THERE'S NOT NECESSARILY A PLAN TO PROVIDE THESE PROTECTIONS TO NEW PEOPLE.
AND IT'S ONE OF THE ITEMS THAT WE'VE TALKED THROUGH WITH THE TENANTS A LOT IS THAT THEY DIDN'T KNOW WHEN THEY MOVED IN HERE.
AND SO ANYBODY THAT MOVES IN WE'LL HAVE THE NOTIFICATION THAT THIS IS, UM, THAT, THAT THEY'RE THANKS.
I THINK I HAVE A QUESTION FOR MR. MARTINEZ, UM, IS BOSTON GOING TO HAVE AN ONGOING ROLE IN, UH, LIKE REPRE LEGAL REPRESENTATION OF THE TENANTS OR IS THAT GONNA, IS THE IDEA THAT THIS ALL GETS ROLLED INTO SOME SORT OF RESTRICTIVE COVENANT THAT SOMEBODY ELSE, MAN.
SO WHAT BOSTON DOES IS THAT WE SUPPORT TENANT ASSOCIATIONS IN THEIR ORGANIZING.
SO REGARDING, YOU KNOW, WE CAN HELP MAYBE FACILITATE PROCESSES, BUT YOU KNOW WHAT OUR JOB IS IS I'M HELPING FOLKS LIKE CHARLIE AND MARK AND MARK THERE'S TWO MARKS.
THERE'S ACTUALLY THREE IN THE TA.
AND, UM, YOU KNOW, IF FOR SOME REASON THINGS GO WRONG OR IF THERE'S SOCIAL EVENTS, YOU KNOW, WE'RE GOING TO PLAN A CELEBRATION, THAT'S THE WORK WE DO.
UM, SO FOR INSTANCE, I HELP SAY SET UP ZOOMS, RIGHT? OR SEND EMAILS, HOW ARE TEXT PEOPLE OR CALL PEOPLE TO COME TO MEETINGS.
SO I'M NOT, UH, I'M TRYING TO EXPLAIN WHAT WE DO BECAUSE I'M NOT EXACTLY SURE WHAT YOU'RE ASKING.
SO I, I THINK, I THINK I GET IT.
UM, SO, UM, BOSSES, UH, HAS ORGANIZED AND WILL CONTINUE TO PROVIDE ORGANIZING SUPPORT AND THANK YOU VERY MUCH FOR DOING THAT.
UM, THIS WILL THEN WHATEVER ENFORCEMENT IS FOR THE LEGAL DOCUMENTS, IT'S NOT GOING TO BE HANDLED BY BOSTON.
SO THAT'S HARD FOR ME TO ANSWER BECAUSE IT DEALS WITH LIKE INCOME ELIGIBILITY REQUIREMENTS.
UM, SO I, I MEAN, THEY MAY BE ELIGIBLE FOR LEGAL AID IF THAT'S WHAT YOU'RE ASKING, BUT BOSTON IS NOT LIKE A LIVE AGENCY.
SO, UM, I THINK WHAT I HEARD MS SWORE SAY WAS THAT THERE WAS GOING TO BE A RESTRICTIVE COVENANT ENTERED INTO, WITH AN ORGANIZATION THAT WILL NOT BE BOSTON.
NO, THE, BECAUSE BOSTON DOES NOT, YOU KNOW, UM, MANAGE LIKE AFFORDABLE HOUSING AND LIKE MAKE SURE THAT IT'S IN COMPLIANCE, THAT WOULD BE IN OUR DISCUSSIONS, IT IS HABITAT HOME BASE.
UM, AND WE HAVE BEEN WORKING TO GET THEM ON BOARD.
UM, THERE WAS LIKE FOR A SMALL TIME, THERE WAS THIS RUMOR THAT, YOU KNOW, THEY WERE DOING, UM, HOME OWNERSHIP AND THEN THEY KIND OF STOPPED DOING THAT.
MY TIME'S A LITTLE LIMITED, UH, I GUESS I'M HAVING SOME CONCERN ABOUT THE TRANSPARENCY OF THESE AGREEMENTS AND WHAT'S GOING TO HAPPEN ONCE THIS LEAVES YOUR CAPABLE HANDS LIKE THIS.
ISN'T JUST A COMMITMENT FOR AFFORDABLE HOUSING.
IT'S ALSO THIS LAUNDRY LIST OF COMMITMENT FOR TENANTS.
AND I JUST, I'M NOT EXACTLY SURE THAT I HAVE A CLEAR PICTURE OF HOW THAT'S ENFORCED.
SO THE WAY IT IS ENFORCED IS THAT THE MOU HAS A LEASE AMENDMENT THAT AUTOMATICALLY GOES TO CURRENT TENANTS.
AND THAT WAS A THING WE FOUGHT FOR IT BECAUSE THAT WAY YOU CAN CONVENIENTLY NOT GIVE IT TO SOMEONE.
AND THAT HAS THE ACTUAL PROTECTIONS, UM, IN THAT HAS TO BE KEPT UP.
AND IT ALSO ENFORCES GOOD CAUSE NON-RENEWAL AND SO THEORETICALLY, IF SOMEONE WERE TO BE TAKEN OUT WITHOUT GOOD CAUSE, UM, OR IF THERE WERE OTHER ISSUES, THEY COULD TAKE THAT UP.
I'M JUST NOT SURE WHAT YOU'RE TRYING TO ASK.
I THINK THAT'S BECAUSE I DON'T HAVE A GOOD HANDLE ON HOW THIS AGREEMENT IS GOING TO WORK, UM, AT THE SAME TIME.
SO LET'S SAY THE GOOD PEOPLE THAT AMANDA SWORE IS REPRESENTING SELL THE PROPERTY AND SOME NEW PEOPLE WHO MAYBE AREN'T AS GREAT COME IN, JUST LOOKING AT THE LAUNDRY LIST.
IT SEEMS LIKE THERE'S WAYS FOR THEM TO GET OUT OF THEIR OBLIGATION.
FOR EXAMPLE, IF IT'S LONGER THAN 180 OR PLUS 90 DAYS BEFORE DEMOLITION, THAT'S GOING TO HAPPEN, YOU JUST, YOU KNOW, IT'S MONTH TO MONTH LEASES AND LANDLORD CAN JUST SAY, I'M NOT GOING TO DO ANYMORE.
SO THE ITEMS OTHER THAN AFFORDABILITY HAVE EFFECTIVELY BECAUSE THESE AGREEMENTS HAVE BEEN SIGNED, THEY ARE PART OF THE TENANTS LEASES NOW.
SO ANYBODY THAT'S THERE, THEY ARE PART OF THE TENANTS AT LEAST IS NOW.
AND THEN THE PRIVATE RESTRICTIVE COVENANT WE WOULD, WE'VE TALKED ABOUT, WELL, NOT ONLY HAVE THE AFFORDABILITY IN IT, BUT IT WILL ALSO REFERENCE BACK TO THAT IS HOW WE, UM, WE HAD MEANT FOR IT TO BE, I WANT TO MAKE SURE THAT I'M NOT STATING SOMETHING THAT MR. MARTINEZ DOESN'T AGREE WITH, BUT IN OUR EYES, WE WILL HAVE THAT RESTRICTIVE COVENANT EXECUTED PRIOR TO CITY COUNCIL TO DEAL WITH THE AFFORDABILITY PORTION.
BUT THE OTHER TENANT PIECES ARE ALREADY INCLUDED.
AND THAT WAS ONE OF THE THINGS THAT THE TENANTS REALLY WANTED TO ENSURE WAS THAT THEY WERE EFFECTIVE AS WE WENT THROUGH THE ZONING CASE.
I KNOW YOU'RE TRYING TO DO YOUR BEST JUST THE VERY FIRST TIME THAT I'VE HEARD ANYTHING ABOUT THIS.
SO I'VE HAD A LOT OF QUESTIONS.
[01:10:02]
WHAT'S THE DEAL WITH THE TREE? SO THERE WAS A TREE, UH, THAT WAS ON THE SITE THAT WAS INTO A BUILDING.IT WAS CAUSING THE PARK DOWN THERE.
IT WAS CAUSING STRUCTURAL DAMAGE TO THE BUILDING.
IT WILL, ALL THE TREE ALSO HAD A TOMOGRAPHY PUT ON IT.
UH, WE DRAINED, OUR GROUP DID NOT PROCESS THE REMOVAL OF THAT TREE.
IT WAS HANDLED BY PART OF THE PROPERTY OWNER.
IT WENT THROUGH THE APPROPRIATE PROCESS.
IT WAS LIKE I SAID, UM, CAUSING ACTUAL DAMAGE TO THE TREE.
IT WAS NOT A SAFE TREE TO KEEP ON THE PROPERTY.
THERE WAS SOME QUESTION ON THE TREE GOT REMOVED.
WE SUBMITTED HIS OWN IN CASE WE WEREN'T, YOU KNOW, WE WEREN'T CROSSING PATHS.
LIKE I SAID, WE DID NOT HANDLE THAT TREE REMOVAL, BUT I THINK YOU WOULD NOTICE THAT THE ZONING APPLICATION WAS SUBMITTED LAST DECEMBER AND WE'RE STILL ZONING.
SO KEEPING AN UNSAFE TREE RUBBING UP AGAINST A BUILDING THAT DIDN'T HAVE SAFE.
TOMOGRAPHY IS NOT A GOOD PRACTICE.
MR. MARS, UM, MAY FEEL DIFFERENTLY, BUT THAT IS, UM, IT, IT WAS, IT WAS A TREE THAT WAS PERMITTED FOR REMOVAL LEGALLY.
UH, MR. RIVERA, WHAT HAVE YOU BEEN ON TIME? I THINK, UM, YEAH.
ARE WE, ARE WE, ARE WE THERE SEATED FIVE MINUTES? OKAY.
I HAD A FEELING I JUST WANT TO, ARE YOU GUYS TRACKING THAT OR DO I NEED TO BE DOING THAT? JUST CHECKING.
FIRST I APPRECIATE ALL THE WORK WITH THE TENANTS.
I THINK THAT'S, I MEAN, I'VE NEVER SEEN SOMETHING AS EXTENSIVE OF SORT THAT YOU GUYS HAD PUT IN, SO THANK YOU FOR ALL OF THAT.
UM, SO I HAVE QUESTIONS A LOT ABOUT THE INFRASTRUCTURE OF THE AREA.
I KNOW, OFTENTIMES WHEN WE LOOK AT THESE PROJECTS, WE LOOK AT JUST THE ONE BUILDING, BUT THERE'S SO MANY THINGS GOING ON THERE.
WE HAVE ALL THE PUDS THAT ARE GOING AROUND THERE.
WE ALSO HAVE THE DOG OF THE ARTS PLAN THERE.
AND I'M TRYING TO UNDERSTAND HOW SOMETHING WITH THIS MUCH DENSITY IS GOING TO BE ABLE TO FIT WITH WHAT IS COMING, YOU KNOW, AND OFTENTIMES WE JUST THINK WHAT'S THERE, BUT THERE'S SO MANY OTHER THINGS COMING.
SO I DON'T KNOW IF YOU CAN ANSWER OR MAYBE SOMEBODY FROM CITY STAFF TO TALK ABOUT HOW THE TRAFFIC CAN BE HANDLED.
AS WE LOOK AT ALL THESE PODS THAT ARE COMING UP.
NO, I NEED TO UNDERSTAND WHAT I CAN TAKE A STAB AT IT.
AND THEN THE SESSIONS CAN, UM, 'CAUSE, YOU KNOW, AS, AS YOU KNOW, WE'VE ALL VENTURED OVER THERE, THEY'RE, THEY'RE, YOU KNOW, THEY'RE, THEY'RE PRETTY SKINNY STREETS.
AND THEN, UM, AND IF WE KEEP ADDING MORE OVER THERE, IF DODIE ARTS CENTER, ONE OF THOSE PLANS GETS REALIZED THERE'S GOING TO BE MORE PEOPLE AND MORE PEOPLE, MORE PEOPLE.
AND ALL OF A SUDDEN WE DO THIS, BUT OFTENTIMES WHEN WE LOOK AT THESE PROJECTS, WE'RE JUST LOOKING AT THE MOMENT WE'RE AT RIGHT NOW, WHEN ALL THIS STUFF IS ALREADY IN PLAY, RIGHT? SO CAN SOMEBODY SPEAK TO THAT? UH, SO I MIGHT START WITH KIND OF WHERE WE STARTED THIS CONVERSATION TONIGHT, AND THAT IS PART OF THE REASON THAT WE DIDN'T DO A TRAFFIC IMPACT ANALYSIS WITH THE ZONING BEFORE, UH, BEFORE AN ACTUAL PROJECT IS PLANNED WITH EXACT UNITS AND ACCESS LOCATIONS.
AND ALL OF THAT, THE PROJECT WILL BE REQUIRED OR MAY BE REQUIRED TO DO A TRAFFIC IMPACT ANALYSIS AT THE TIME OF SITE DEVELOPMENT PERMIT.
BUT AT THE TIME OF SITE DEVELOPMENT PERMIT, THAT IS WHEN WE WOULD KNOW, YOU KNOW, WHERE THE JORDY ART CENTER IS.
WE'D KNOW THAT ACCESS FOR THIS PROJECT WILL COME OFF OF SERVICING BECAUSE OF THE PRIMARY WATERFRONT OR REALLY SETBACK ON STERLING.
UH, WE KNOW THAT THIS PROJECT WILL END UP SHRINKING THE OVERALL FOOTPRINT BECAUSE IT HAS A LOWER IMPERVIOUS COVER.
UM, AND SO THOSE ARE THE, THOSE ARE THE PIECES THAT WE KNOW.
WE ALSO KNOW THAT WE ARE WORKING TO REDUCE PARKING ON THIS SITE SIGNIFICANTLY OVER WHAT COULD OTHERWISE BE BUILT UNDER CODE, WHICH WILL ALLOW A PROJECT THAT COMES IN HERE TO TAKE ADVANTAGE OF THE TRANSIT OPTIONS THAT EXIST HERE, THAT DON'T EXIST IN OTHER PARTS OF THE CITY.
SO THE NUMBER OF UNITS COULD ACTUALLY CHANGE CERTAIN THINGS.
I MEAN, IT'S, IT'S KIND OF FLUID RIGHT NOW, IS THAT CORRECT? OKAY.
IT IS UNTIL THE TIME OF SITE DEVELOPMENT PERMIT, WHICH IS, UM, WHY THE, ULTIMATELY AT THIS POINT IN TIME, A TIA IS DEFERRED TO THAT POINT.
AND CON THE STAFF WANT TO KIND OF CHIME IN ABOUT WHAT THEY THINK ABOUT THE AREA AND THE POTENTIAL, ESPECIALLY BECAUSE WITH THE PUDS, YOU KNOW, THE PREDS ARE COMING IN, YOU KNOW, AND, AND HOW DOES THAT AFFECT ACCESS IN AND OUT FROM THE DIFFERENT STREETS FROM LAMAR, FROM STERLING IN FRONT, FROM ALL THESE DIFFERENT TUMI.
AND WE'RE HUTCHINS AUSTIN TRANSPORTATION DEPARTMENT.
UM, SO THE PUDS THAT HAVE BEEN APPROVED IN THE AREA DID HAVE THEIR OWN TRAFFIC IMPACT ANALYSIS.
THE DOHERTY ART CENTER HAS ITS OWN TRAFFIC IMPACT ANALYSIS THAT IS BEING DEVELOPED RIGHT NOW.
THE PUDS HAVE ALREADY BEEN APPROVED IN THEIR TIA.
ISN'T BEEN APPROVED THE DIRTY ART CENTER.
LIKE THOSE OTHER TIAS WAS REQUIRED TO, UH, ACCOUNT FOR THE FUTURE GROWTH IN THE AREA.
SO THERE IS ALWAYS A GROWTH RATE THAT IS ATTRIBUTED TO THE DEVELOPMENT, LOOKING AT WHAT'S HAPPENING IN THE AREA.
SO I DON'T KNOW THAT OFF THE TOP OF MY HEAD, BUT THEY HAD TO DO THAT JUST LIKE THE OTHER PUDS IN THE AREA.
UM, IT ALSO SAY THAT THE STREET IMPACT FEE PROGRAM HAS A ROADWAY CAPACITY PLAN ASSOCIATED WITH IT.
SO THERE ARE IMPROVEMENTS IN THE AREA, IN ADDITION TO THE CORRIDOR PLAN THAT IS COMING THROUGH ON SOUTH LAMAR THAT HAVE ALREADY BEEN IDENTIFIED AND
[01:15:01]
ALL THE MONIES THAT ARE GOING TO BE COLLECTED DURING THE BUILDING PERMIT PHASES OF THESE PROJECTS WILL GO TOWARDS THOSE IMPROVEMENTS.SO THE CHECKS AND BALANCES THAT'S GOING TO HAPPEN AS THINGS GET MORE RESOLVED WILL HAPPEN.
IT'S NOT LIKE WE TAKE THIS ONE INSTANCE AND EVERYBODY'S, YOU KNOW, CONCERNED ABOUT IT, BUT REALLY WHEN THE TIME THEIR SITE PLAN COMES, YOU'RE GOING TO BE LOOKING AT THE OTHER SIDE PLANS AND THE OTHER DEVELOPMENTS AND THEN DEVELOPMENT MAY TWEAK AT THAT POINT.
WHICH IS WHY WE LIKE TO DO IT AT SITE PLAN.
UM, AND THEN, UH, AS FAR AS FOR THE TIA, AGAIN, YOU GUYS WOULD COME BACK AND SAY, WELL, WE'LL MAKE RECOMMENDATIONS ON THEIR SITE PLAN WITH TRAFFIC, INGRESS EGRESS AND ALL THAT STUFF.
UH, THE OTHER QUESTION I HAVE HAS TO DO WITH, UH, UM, HEIGHTS.
SO, UM, I DON'T KNOW IF SOMEBODY CAN COME AND SPEAK ABOUT HEIGHTS, SO I'D LIKE TO KNOW WHAT ARE THE HEIGHTS OF THE ADJACENT, UM, DEVELOPMENTS, UM, KATE CLARK WITH THE HOUSING PLANNING DEPARTMENT, THE PROPERTIES THAT ARE ADJACENT R C S UH, OFF THE TOP OF MY HEAD.
I DO NOT KNOW WHAT THEY ARE CURRENTLY BUILT OUT TODAY.
I CAN TELL YOU THAT THEY WOULD BE ALLOWED TO BE BUILT UP TO, UM, TO 60 FEET.
THE NEXT QUESTION IS ON THE PUDS AND THEIR AFFORDABILITY.
DO YOU, DO YOU KNOW THE ONES THAT HAVE BEEN NEGOTIATED KIND OF HOW THAT WAS BALANCED? BECAUSE I'M TRYING TO UNDERSTAND THE, THE AMOUNT OF EXTRA HEIGHT THAT THIS DEVELOPMENT IS ASKING FOR IN CONJUNCTION TO WHAT THE PUDS HAVE BEEN GETTING, YOU KNOW, ON RELATIVE TO THE AFFORDABILITY THAT THEY'RE BRINGING.
AND I RAN OUT OF TIME, BUT IF SOMETHING, UH, COMMISSIONERS WANT TO CARRY ON QUESTIONS, UH, COMMISSIONER MRS. TODDLER.
I'D LIKE TO UNDERSTAND THAT AS WELL.
UM, YOU GO AHEAD AND ANSWER THE QUESTION.
UM, I'M JUST GONNA REPEAT BACK.
DID WE CHANGE OUR RULES OF DEBATE THAT WE ONLY HAVE THREE QUESTIONS? NONE.
OH, I'M SORRY IF I WASN'T CLEAR COMMISSIONER THOMPSON.
THAT WAS JUST FOR THE ONE ITEM.
DISCUSSION ON THE DIS ON THE ONE WE HAD DISCUSSION POSTPONE.
SO TRYING TO UNDERSTAND THE HEIGHT DIFFERENTIAL BETWEEN THIS PROJECT AND THE POD AND AFFORDABLE HOUSING UNITS.
UM, I CAN TELL YOU THAT EACH PUD IS UNIQUE.
AND SO UNFORTUNATELY THERE ISN'T NECESSARILY A STANDARD FOR AFFORDABLE HOUSING.
ALSO AFFORDABLE HOUSING ISN'T NECESSARILY REQUIRED IN A PUD.
IT IS SOMETHING THAT THE APPLICANTS OFFER AS A PART OF THEIR SUPERIORITY.
UM, MANY APPLICANTS DO CHOOSE TO OFFER AFFORDABLE HOUSING AS A PART OF THE SUPERIORITY IF THEY'RE OFFERING RESIDENTIAL, BUT IT'S NOT ACTUALLY A REQUIREMENT OF A PUD.
UM, I WOULD SAY GENERALLY IN THE PDS THAT I HAVE BEEN A PART OF, OR THAT I HAVE, UM, SEEN WHILE I WAS HERE AT THE CITY HAD RANGED ANYWHERE BETWEEN 8% AND 10% IS WHAT I SEE AS A COMMON NUMBER.
SOMETIMES IT'S LOWER IF THERE'S OTHER THINGS THAT ARE, HAVE ALREADY BEEN ESTABLISHED IN A SPECIFIC AREA FOR, FOR REASONS, BUT GENERALLY, UM, I BELIEVE THAT THE APPLICANT IS IN LINE WITH WHAT WE HAVE SEEN IN THE PAST WITH OTHER PDS, BUT IT, LIKE I SAID, IT WOULDN'T BE A REQUIREMENT TO HIT A SPECIFIC TARGET NUMBER.
I HAVE A QUESTION FOR MS. SWORE.
I WAS, I WAS CURIOUS ABOUT, UM, IF HE, I GUESS YOU GUYS ARE VERY FLUID ABOUT, AT THIS POINT, WE DON'T HAVE A LOT ON SITE PLAN.
IT'S JUST WHETHER WE'RE GOING
SO WE DON'T UNDERSTAND IF THERE ARE ANY BENEFITS TO THE COMMUNITY IN, UH, PROVING THIS CHANGE.
UH, I THINK I UNDERSTAND YOUR QUESTION.
SO AT THIS POINT IN TIME, WE'VE DONE MASS THINGS, BUT WE HAVEN'T DONE A FULL SITE DEVELOPMENT PERMIT.
WE DO KNOW THAT REGARDLESS OF, UM, THE PROJECT THAT'S BUILT HERE, IF THE MF SIX IS BUILT, THAT IT WILL AGAIN HAVE THAT SMALLER IMPERVIOUS COVER, WHICH WILL ALLOW FOR MORE OPEN SPACE.
UH, THE PROPOSAL RIGHT NOW WITH THE MF SIX IS THAT IF THEY'RE WITH THE RESIDENTIAL IN THAT PRIMARY SETBACK AREA, THAT IS ALONG TO ME, UH, THERE ARE SOME ADDITIONAL REALLY NICE TREES IN THAT AREA.
SO TO CREATE SOME ADDITIONAL OPEN SPACE IN THERE, BUT AGAIN, AT THIS POINT IN TIME, WE ARE THE ZONING AND WE DON'T HAVE FULL SITE DEVELOPMENT PERMITS.
UM, I DON'T THINK I HAVE ANY FURTHER QUESTIONS AT THIS POINT YIELD TO NEXT COMMISSIONER.
[01:20:03]
YES.UH, YEAH, I GUESS FIRST QUESTION TO THE APPLICANT, UH, W WHAT'S GLARING TO ME ABOUT THIS IS, IS ESSENTIALLY, DOES THIS, DOES THIS CASE ESSENTIALLY BOIL DOWN TO HEIGHT? YOU'RE JUST, YOU'RE JUST TRYING TO GET AN EXTRA 30 FEET OF HEIGHT FOR DEVELOPMENT ON THIS PROPERTY.
SO THE BIGGEST DIFFERENT DIFFERENCES BETWEEN THE EXISTING ZONING, THE WATERFRONT OVERLAY AND THE PROPOSED ZONING, THEY REALLY ARE BETWEEN HEIGHTS.
THERE'S NO OTHER WAY TO GET ABOVE 60 FEET IN HEIGHT IN THIS PART OF TOWN WITHOUT DOING A PDA OR A PUD.
UM, GIVEN OUR LIMITED CODE, THERE'S REALLY NO OTHER TOOL THAT EXISTS TO BE ABLE TO ACHIEVE THAT.
THE STANDARD CSA ZONING HAS A FLOOR TO AREA RATIO OF TWO TO ONE.
HOWEVER, UNDER THE WATERFRONT OVERLAY, YOU DO NOT HAVE ANY DENSITY LIMITS FROM A RESIDENTIAL PERSPECTIVE.
SO A LOT OF THE CASES THAT PEOPLE MENTIONED WITH, FROM AN MF SIX PERSPECTIVE, WHERE YOU'RE TRYING TO GET OUT OF, YOU KNOW, A DENSITY LIMIT OR ANYTHING LIKE THAT, THOSE JUST DON'T EXIST UNDER THE WATERFRONT OVERLAYS.
SO THE BIGGEST DIFFERENTIAL IS THE HEIGHT FROM 60 FEET TO 90.
AND CAN YOU HELP ME UNDERSTAND THE WATERFRONT OVERLAY? UH, SOMEONE HAD MENTIONED THAT THERE WAS TWO DIFFERENT HEIGHTS AND, AND SOMEHOW WE LANDED ON THE HIGHER HEIGHT OR SOMETHING.
CAN YOU EXPAND ON THAT? YES, SIR.
SO WITHIN THE BUTLER SHORE SUB-DISTRICT OF THE WATERFRONT OVERLAY, THERE WERE TWO SETS OF HEIGHTS THAT WERE PROPOSED AT THE INCEPTION OF THE WATERFRONT OVERLAY FOR PROPERTIES THAT WERE NORTH OF BARTON SPRINGS.
THEY COULD HAVE A MAXIMUM HEIGHT OF 96 FEET OR THE BASE DISTRICT, WHICH IN THIS CASE IS WE WOULD BE CHANGING THE BASE DISTRICT TO 90 FEET.
SO THE MAXIMUM HEIGHT WOULD BE 90 FEET, NOT THE 96.
SO OUR REQUEST IS IN COMPLIANCE WITH WHAT WAS INITIALLY PROPOSED FROM A MAXIMUM HEIGHT NORTH OF BARTON SPRINGS FOR PROPERTY SOUTH OF BARTON SPRINGS.
THAT HEIGHT WAS SET AT 60 FEET.
SO WE WOULDN'T, IF YOU WERE TO PROPOSE THIS REZONING SOUTH OF BARTON SPRINGS, THIS REQUEST WOULD BE INCONSISTENT WITH THE WATERFRONT OVERLAY, BUT GIVEN ITS CURRENT LOCATION, IT IS CONSISTENT WITH THE WATERFRONT OVERLAY.
SO THE WATERFRONT OVERLAY CALLS FOR A HIGHER HEIGHT, THE CLOSER YOU GET TO IT DID CALL FOR A, A HEIGHT OF 96 FEET ON THE NORTH SIDE OF BARTON SPRINGS IN 60 FEET ON THE SOUTH SIDE OF BARTON SPRINGS.
AND TO FOLLOW ON WITH COMMISSIONER STATE, SHAY'S QUESTIONING IT.
IT LOOKS LIKE TO ME, ALL OF THE PROPERTIES AROUND THIS LOT ARE EITHER BUILT OUT WITH THE 60 FOOT CAP OR WE'VE GOTTEN OUR BACKUP AT ONE CASE WAS AN MF SIX WITH THE CEO ON HEIGHT OF 75 FEET.
ARE YOU AWARE OF ANY OTHER STRUCTURES IN THIS AREA, THIS CLOSE TO THE CREEK THAT HAVE A HEIGHT LIMIT OF 90? THERE ARE THE TWO OTHER PUBS THAT WERE APPROVED IN THIS SAME SUB DISTRICT THAT ACTUALLY HAVE A HEIGHT OF 96 FEET.
THEY ARE, ONE IS ALMOST COMPLETE WITH CONSTRUCTION THAT IS AT THE INTERSECTION OF RIVERSIDE AND LAMAR.
AND THE OTHER, MY UNDERSTANDING IS, SHOULD START CONSTRUCTION SHORTLY, WHICH IS AT THE INTERSECTION OF TUMI AND LAMAR.
SO BOTH OF THOSE ARE WITHIN THE SAME SUBDISTRICT THAT ARE PROPOSED FOR THE 96 FEET IN HEIGHT.
AND ARE THOSE PUDS PROPOSING GREATER AFFORDABILITY THAN YOUR PROPOSAL? THE ONE OF THEM HAS AN OFFICE PROJECT, WHICH WILL HAVE NO AFFORDABLE HOUSING ON, AND THE OTHER PROJECT ALSO DOES NOT HAVE ANY ONSITE AFFORDABLE HOUSING, ANY ON-SITE, BUT ARE THEY MAKING, YOU KNOW, THEY'RE, IF THEY'RE MAKING ANY CONTRIBUTIONS ELSEWHERE, UH, THEY DID DO DIFFERENT CONTRIBUTIONS.
THEY'VE MADE, UH, UH, I COULD TELL IT WAS REALLY LONG.
UM, BUT THEY DID DO, UH, UH, THEY DID DO AN OFFSITE AGREEMENT.
THAT'S SOMETHING ELSE TO PUT THE AFFORDED.
THIS WOULD BE THE ONLY PROJECT IN THE AREA THAT WOULD, THAT IS NOT A V THAT WOULD HAVE THE ON-SITE AFFORDABLE HOUSING.
AND SO JUST SO I UNDERSTAND, IF WE DECIDE NOT TO GRANT MF SIX WITH NO CONDITIONS, THEN THE OWNER OF THIS PROPERTY, ISN'T GOING TO PROVIDE ANY OF THE TENANTS PROTECTIONS THAT YOU JUST PRESENTED TO US THAT IS ACCURATE.
THE PROJECT WOULD MOVE FORWARD WITH REDEVELOPMENT UNDER THE EXISTING ENTITLEMENTS.
UH, I'M RECOGNIZING COMMISSIONER O'CONNOR.
UM, I HAVE, YOU KNOW, THROUGHOUT THE YEARS THAT YOU'VE BEEN WORKING ON CASES LIKE THIS, HOW FREQUENT IS IT TO HAVE A CASE? LIKE THE ONE YOU JUST HAD, UM, WHERE YOU HAVE AN ORGANIZED TENANT ASSOCIATION LIKE THIS COME FORWARD, MAKE THIS KIND OF SERIES OF DEMANDS AND BE ABLE TO REACH A SUCCESSFUL AGREEMENT WITH THE APPLICANT.
HOW FREQUENTLY WOULD YOU SAY THIS HAS HAPPENED TO YOU? THIS IS THE ONLY CASE THAT I'VE EVER HAD AN ORGANIZED TENANTS ASSOCIATION THAT WE'VE WORKED WITH TO COME UP WITH A DEAL, AND THEN WE'VE HAD ONE OTHER IN OUR FIRM, BUT THIS IS THE ONLY ONE I'VE EVER
[01:25:01]
DONE IT.SO IT'S SAFE TO SAY THAT THIS IS KIND OF PRETTY UNIQUE IN THIS REGARD.
AND I HAVE A QUESTION FOR A RUI AS WELL.
UM, UM, JUST REAL QUICK UNDERSTANDING A LITTLE BIT OF THE ORGANIZING THAT WAS DONE, UM, WITH THE TENANTS AND EFFORT WAS MADE TO REACH OUT TO ALL OF THE TENANTS IN THE ASSOCIATION AND THE, IN THE BUILDING.
UH, WE DOOR KNOCKED TWO TIMES AND I KNOW MARK, UH, HAS FLYERED A TIME EVEN BEFORE THAT, UH, WE DOOR KNOCKED FIRST TO GET A LAY OF THE SITUATION A SECOND TIME TO DO SURVEY OUTREACH.
AND OF COURSE, TENANTS HAVE BEEN TALKING TO EACH OTHER.
SO IF WE SEE SOMEONE IN THE HALLS OR, UM, IN MARK HAS REALLY DONE AN INCREDIBLE JOB OF LIKE SEEING SOMEONE THEY'RE NOT PLUGGED IN AND PLUGGING THEM IN, WE HAVE A SLACK WHICH CURRENTLY HAS 26 PEOPLE ON IT, UH, OUT OF THE 40, YOU KNOW, UNITS.
AND, UM, I WOULD SAY THAT THE VERY MARK MIGHT HAVE BETTER NUMBERS, BUT IT SEEMS LIKE WE HAVE 80 TO 90% OF THE, UH, PEOPLE WHO LIVE HERE ON LIKE, IF NOT 100% OF PEOPLE IN SOME FORM OF COMMUNICATION, EITHER EMAIL, PHONE, OR ON THE SLACK OR SOME OTHER WAY OF GETTING, AND YOU MENTIONED THE DEMOCRATIC PROCESS FOR ARRIVING AT DECISIONS.
COULD YOU SPEAK A LITTLE BIT MORE TO WHAT THAT PROCESS? SURE.
UM, SO THE TENANTS MEET EVERY WEEK AND WE SEND EMAILS AND TEXTS OUT TO EVERYONE.
UM, SO WE SEND A ZOOM LINK OUT AND THEN WE CAN TALK ABOUT UPDATES.
NOW, IN REGARDS TO THE NEGOTIATIONS, THERE WAS A NEGOTIATING TEAM, WHICH WE'VE BEEN FAIRLY LIBERAL ABOUT ADDING TO, UM, WHICH HAS HANDLED THAT SORT OF HIGH STRESS WORK.
AND I SAY HIGH STRESS BECAUSE IT LITERALLY IS HIGH STRESS.
UM, THESE PEOPLE ARE LIKE AUDITING VERY LATE.
THEY'RE CONSTANTLY CHECKING THEIR EMAILS, THEY'RE RESPONDING TO THINGS.
SO, AND THEN THEY'VE TAKEN THAT AGREEMENT BACK TO THE GENERAL MEMBERSHIP.
AND ACTUALLY THIS RESULTED IN A SITUATION WHERE WE HAD A DISAGREEMENT WITH THE DEVELOPER BECAUSE OF THE BROADER BODY SAYING, YOU NEED TO TAKE THIS BACK.
AND SO WE HAD TO WORK THROUGH THAT.
UM, AND YOU KNOW, THE APPLICANT EVENTUALLY, AND YOU COULD ARGUE THE APPLICANT HAD TO BUDGE BECAUSE THE WHOLE GROUP OF THE BROADER TENANTS SAID THIS DEAL IS NOT OKAY.
SORT OF SIMILAR TO, YOU KNOW, YOU MIGHT SEE IN A UNION, RIGHT.
SO WHEN YOU SAY THE WHOLE GROUP OF THE BROADER TENANTS, YOU WOULD SAY THAT THAT ENCOMPASSES ABOUT WHAT PERCENTAGE OF THE FOLKS THAT LIVE IN THE BUILDING 80%, I WOULD SAY.
SO I THINK THAT'S A PRETTY ACCURATE NUMBER AND IT'S HARD TO GET EVERYONE IN ONE MEETING ROOM AT ONCE.
SO I DON'T WANT TO GET THE IMPRESSION THAT EVERY MEETING HAS LIKE A HUNDRED PERCENT TURNOUT.
BUT WHEN WE TAKE IT FROM THE BARGAINING TEAM TO THE BROADER GROUP, THAT'S WHAT HAPPENED ONCE.
SO I THINK THAT SHOWS THAT THERE WAS LIKE A REAL DEMOCRATIC THING GOING ON.
YEAH, I APPRECIATE THE HARD WORK.
AND I DO HAVE ONE QUESTION FOR STAFF IF I HAVE A LITTLE BIT OF TIME LEFT, UM, AND THIS SHOULD BE, UH, RELATIVELY SIMPLE, BUT I WOULD JUST LIKE TO LEARN A LITTLE BIT MORE ABOUT THE WAY THAT THIS, UM, SITE INTERACTS WITH THE, UH, IMAGINE AUSTIN COMPREHENSIVE PLAN AND THE, THE IMAGINED, UH, CORRIDOR AND THE IMAGINE AUSTIN, UM, SORRY, THE, UH, THE MOBILITY CORRIDOR PART OF THE, IMAGINE AUSTIN COMPREHENSIVE PLAN.
WELL, UH, I KNOW THAT IT IS LESS THAN A, JUST OVER A QUARTER OF A MILE FROM SOUTH LAMAR AND THAT IS A TRANSIT CORRIDOR.
AND IT'S ALSO AN ACTIVITY QUARTER.
I KNOW THAT IT WAS, UM, IT'S CLOSE TO, TO THE DOWNTOWN REGIONAL CENTER AND TO THE SOUTH LAMAR ACTIVITY CENTER.
BOTH OF THOSE CENTERS THOUGH, ARE, IF YOU CAN IMAGINE JUST A, IT'S A PLACEMENT ON A MAP.
AND SO THE ACTUAL BOUNDARIES IN WHAT GOES ON IN THOSE WOULD HAVE TO ALSO BE LOOKED AT, BUT I DO KNOW THAT, UM, WE, I SPOKE WITH THE COMPREHENSIVE TEAM AND INCLUSIVE PLANNING TEAM ON THIS CASE, AND THEY WERE ALSO FAVORABLE AND RECOMMENDING THE MSX TO BE IN LINE WITH THE IMAGINE AUSTIN COMPREHENSIVE PLAN.
DID THEY SAY ANYTHING ABOUT THEIR REASONS FOR BEING FAVORABLE? UM, ON PAGE, UM, SIX OF THE STAFF REPORT, THEY LISTED THREE BULLET POINTS THAT WERE TALKED ABOUT HOW THE LAND JUICE, UM, WAS THERE AND THEN HOW IT'S APPLICABLE.
THEY SAID THAT BASED ON THE NEARBY MULTIFAMILY USES THE ABOVE AVERAGE CONNECTIVITY AND MOBILITY OPTIONS IN THE AREA AND THE SITE BEING LOCATED TO THE ACTIVITY CORRIDOR, THAT'S SUPPOSED TO SUPPORT DENSE, CONNECTED AND PEDESTRIAN ORIENTED DEVELOPMENT.
AND THAT BRINGS US TO SEVEN AND I MAY, I MAY TAKE THE EIGHTH SPOT.
I ASKED SOME VERY PRESSING QUESTIONS I'D LIKE TO GET ANSWERED IF Y'ALL DON'T MIND.
UM, UM, I, I DO BELIEVE WE HAVE SOMEONE FROM THE ARBORIST DEPARTMENT ONLINE.
IS THAT CORRECT? SO I'LL FOLLOW UP ON COMMISSIONER SCHNEIDER'S
[01:30:01]
QUESTION AND WHAT'S THE DEAL WITH THE TREE.SO THAT WOULD BE A KEITH MARS.
ARE YOU THERE? I GUESS DISEASE.
I KEEP MARS HERE AT DEVELOPMENT SERVICES DEPARTMENT.
GOOD EVENING CHAIR COMMISSIONERS.
UH, I CAN SPEAK TO, UH, THE, THE, THE TIMELINE ASSOCIATED WITH PERMITTING THE TREE REMOVAL AND THE CIRCUMSTANCES FROM A CODE PERSPECTIVE, HOW THAT WAS PERMITTED.
SO FROM OUR RECORDS, THE, UH, THE, AN APPLICANT IN THIS CASE, IT WAS A PRIVATE ARBORIST, UH, REPRESENTING THE OWNERSHIP, SUBMITTED AN APPLICATION FOR REMOVAL ON AUGUST 25TH, 2020.
THE TREE IN QUESTION IS A 26 INCH DIAMETER, UH, HERITAGE POST OAK.
SO IT IS SUBJECT TO OUR CITIES HERE TO TREE REGULATIONS, UH, THROUGH A TWO REVIEWS OF THE APPLICATION.
OUR STAFF APPROVED IT ON NOVEMBER 20TH, 2020.
UH, WE DETERMINED THAT THE TREE WAS INDEED CAUSING STRUCTURAL DAMAGE TO THE BUILDING AND THAT THAT DAMAGE COULD NOT BE MITIGATED.
THEREFORE IT MET CODE FOR BEING AN IMMINENT HAZARD TO THE PROPERTY AFTER NOVEMBER 20TH, WHEN WE ISSUE THE PERMIT FROM OUR RECORDS ON NOVEMBER 12TH, I'M SORRY, ON DECEMBER 23RD IS WHEN THE, THE PROPERTY OWNER AGENT SUBMITTED A ZONING CHANGE AGAIN, DIFFERENT APPLICANTS THAN THE INITIAL TREE ORDINANCE VIEW APPLICATION REQUESTING THIS ZONING CHANGE.
AND THAT'S WHEN MY STAFF WERE NOTIFIED OF THIS CHANGE, UH, AND THAT THE SAME STRUCTURE IN CONFLICT WITH THE TREE WAS, UH, WAS ALSO SHOWN FOR DEMOLITION.
SO THOSE ARE, THAT'S THE TIMELINE ASSOCIATED WITH THE REMOVAL.
AND I'M HAPPY TO ANSWER ANY OF THE QUESTIONS YOU MAY HAVE.
UM, I HAVE ANOTHER QUESTION FOR STAFF, UM, AND IT'S ABOUT THE WATERFRONT OVERLAY.
SO JUST REAL QUICKLY, I'M LOOKING AT A MAP ONLINE OF THE WATERFRONT OVERLAY, AND THERE ARE, UM, A COUPLE DOZEN DIFFERENT DISTRICTS AND THE WATERFRONT OVERLAY, EACH OF WHICH HAVE SORT OF DIFFERENT PRIMARY SETBACKS FROM THE WATER WHERE YOU CAN'T BUILD ANYTHING WITHIN THE DISTANCE OF THE WATER, AND THEN A SECONDARY SETBACK BACKWARD, I GUESS, CONSTRUCTION IS LIMITED AND THEN ALSO HAVE DIFFERENT HEIGHT LIMITS, UM, FOR DIFFERENT AREAS OF, CAN YOU SORT OF DESCRIBE HOW THE WATERFRONT OVERLAY WORKS WITH THOSE DIFFERENT DISTRICTS, ET CETERA? I CAN'T TELL YOU HOW THE PRIMARY SET BRICK AND THE SECONDARY STEP EFFECTS WERE DETERMINED.
UM, IN THIS PARTICULAR CASE, I JUST CAN TELL YOU WHAT OUR CODE SAYS FOR WHERE THE PRIMARY SETBACK IS, UM, WHICH IS 35 FEET SOUTH OF THE BOUNDARY OF TUMI ROAD.
UM, BUT AS TO WHY IT WAS PLACED THERE, I CAN SPEAK, BUT I'M JUST LOOKING, I MEAN, LIKE IN SOME PLACES THE PRIMARY SETBACK IS HUNDREDS OF FEET AND IN SOME PLACES IT SEEMS LIKE IT'S VERY, VERY NARROW.
SO THAT, BUT THAT, THAT THE WATERFRONT OVERLAY WAS DESIGNED WAS PLANNED BY THE CITY AND THE PLANNING GROUPS TO HAVE DIFFERENT SETBACKS IN DIFFERENT PLACES.
IS THAT, YES, THAT IS CORRECT.
THERE ARE EACH, UM, I DON'T, I DON'T KNOW IF THEY ARE ALL DIFFERENT, BUT I KNOW THAT THEY DO DIFFER FROM SUBDISTRICT TO SUBMISSION SO THAT, SO IT'S DESIGNED TO HAVE DIFFERENT HEIGHTS, DIFFERENT ENCROACHMENTS, YOU KNOW, NEXT TO THE WATER, OR FURTHER BACK FROM THE WATER.
THAT'S PART OF THE ENTIRE PLAN OF THE WATERFRONT OVERLAKE TO BEGIN WITH.
SO I KNOW IN THE BUTLER SHORES, LIKE THE STANDARD IS A HUNDRED FEET FROM THE SHORELINE, AND THEN IT'S JUST IN CERTAIN AREAS THAT IT EXTENDS FARTHER THAN THAT.
AND, UM, THE 35 FEET SOUTH OF THE TUMI ROAD IS ONE OF THOSE AREAS FOR THE PRIMARY BACK.
I AM, UH, I GOT A FEW QUESTIONS STAFF, IF YOU WANT TO STAY UP THERE, I'M SORRY.
SO I THINK ONE THING, IF YOU LOOK AT THE IMAGINE AUSTIN PLAN, UH, CLEARLY THIS IS AN INTERESTING AREA, THIS KIND OF CORNER OF LAMAR AND, UH, LADY BIRD LAKE, BECAUSE IF YOU NOTICE WESTERN SOUTH, NO TRANSIT CORRIDORS, NONE.
AND IF YOU READ IT, IT SEEMS LIKE COUNCIL INTENTIONALLY WANTED TO LIMIT THE DENSITY IN THAT AREA.
AND SO I THINK, UH, BARTON SPRINGS ROAD IS NOT,
[01:35:01]
UH, TRANSMIT PRIORITY NETWORK PRETTY MUCH.UM, AND THESE ROADS ARE VERY SMALL THAT WE'RE TALKING ABOUT, UM, SURROUNDING THIS DEVELOPMENT.
UH, AND ALSO, UH, SO I DON'T, UM, THE OTHER, THERE WAS, I HAD A QUESTION AND ABOUT THE WATERFRONT, UH, CLASSIFICATIONS AND STAFF HAD THIS RESPONSE WHEN I WAS TALKING ABOUT THE, UH, THE DIFFERENT, UH, LIMITING DENSITY IN THIS AREA WITH THE IMAGINED AUSTIN'S INTENT.
AND THEY WROTE THIS SEPARATE FROM THE WATERSHED CLASSIFICATIONS OR FOUR AQUIFER RECHARGE ZONE, STATUSES RECHARGE ZONE, CONTRIBUTING ZONE, VERIFICATIONS ZONE, AND NOT EVERY SEARCH RECHARGE ZONE.
A PORTION OF THE SITE IS LOCATED WITHIN THE VERIFICATION ZONE.
A VERIFICATION ZONE MEANS A PROPERTY MAY OR MAY NOT BE OVER THE RECHARGE ZONE AND ONSITE INVESTIGATED INVESTIGATION WOULD BE REQUIRED TO CONFIRM THE STATUS.
UM, THE INVESTIGATION IS DONE WHEN SITE PLANS SUBMITTED.
WHAT DOES THAT MEAN? IF IT IS A VER DETERMINED TO BE, UH, IN ONE OF THESE OTHER, UM, YOU KNOW, MORE RESTRICTIVE AREA ZONES, WHAT DOES THAT MEAN FOR THE DEVELOPMENT AT THE TIME OF SITE PLAN? UM, WELL, I, UH, I CAN TELL YOU THAT THE REASON THERE ARE CERTAIN AREAS WHEN I SPOKE WITH DSD WATERSHED ABOUT THIS, THEY HAD MENTIONED THAT THE VERIFICATION ZONE IS THAT IT JUST HAS TO BE STUDIED MORE.
THEY KNOW THAT IT COULD BE WITHIN THE RECHARGE AREA, BUT THEY JUST DON'T KNOW.
AND SO THEY DON'T GO INTO THAT LEVEL OF DETAIL OR SITE VERIFICATION WHEN A ZONING PERMIT IS DONE.
UM, I'M SORRY, I CAN'T SPEAK TO WHAT WOULD, HOW IT WOULD CHANGE IF IT WAS IN THE RECHARGE ZONE.
THE ONLY THING THAT I COULD THINK OF IS THAT THERE ARE MORE STRINGENT WATER, QUALITY AND DRAINAGE AND OTHER ENVIRONMENTAL REQUIREMENTS THAT WOULD BE TRIGGERED IF IT WAS ACTUALLY FOUND TO BE IN THE RECHARGE OR CONTRIBUTING.
AND I DO, I THINK IF I READ THE, UH, MENTION AUSTIN, THEY, IT WAS THE INTENT TO LIMIT DEVELOPMENT IN THOSE RECHARGE AREAS.
SO I THINK ONCE IT WAS DISCOVERED, YOU KNOW, WE WOULD PROBABLY WANT LESS DENSITY IN THIS AREA, UH, BECAUSE OF THE ENVIRONMENTAL SENSE OF TEACHERS.
SO, UM, THAT'S HOW I READ, IMAGINE AUSTIN.
AND IT'S CLEARLY, AGAIN, IF YOU LOOK AT THE MAP, THERE'S NO TRANSIT PRIOR NETWORKS IN THAT AREA.
IT'S, IT'S ALMOST LIKE IT'S INTENTIONAL.
UM, BUT, UH, WITH THAT, THE OTHER THING I WANTED TO ASK IS I RAN OUT OF TIME TO GET MY LIST, A PARKING REDUCTION.
DO YOU KNOW WHAT PARKING REDUCTION THE APPLICANT COMMITTED TO DO? WE KNOW 20% THAT DO WE, YOU'RE GOING TO MAKE ME DO MATH ON THE FLY.
SO WE ARE PROPOSING THE 215 UNITS AND WE'RE PROPOSING 176 PARKING SPACES.
SO GENERALLY CODE WOULD REQUIRE AT A SPACE PER UNIT, IF NOT MORE.
I'VE AN ONE MORE QUESTION ON THIS CLASSIFICATION OF ROADWAY.
UH, THAT'S SURROUNDING THE DEVELOPMENT.
D CAN YOU IDENTIFY OTHER MF SIX, UH, ZONING THAT WE'VE, UM, THAT WE BOUGHT THRIVE THAT AREN'T ON TPN, OR IMAGINE US IN CORRIDORS NOW, THIS IS THE MAXIMUM RESIDENTIAL, PRETTY SMALL STREETS.
CAN YOU NAME SOME OTHER ZONING CASES WHERE WE'VE ALLOWED THIS? NOT OFF THE TOP OF MY HEAD? OKAY.
I MEAN, UH, AND I DON'T KNOW, APPLICANTS, WHO DO YOU KNOW OF ANY, BECAUSE, UH, USUALLY WE LOOK FOR PRETTY SUBSTANTIAL ROADWAY SUPPORTING THIS HIKE, YOU KNOW, BURNETT LAMAR.
YOU WANT TO BE DIRECTLY ON THE CAR DOORS, SIX STONING, UM, JUST TO THE EAST OF THE SITE BETWEEN STERLING AND, AND LAMAR.
AND THE HEIGHT IS 75, 75 FEET.
THE ONE WE'VE BEEN SPEAKING TALKING ABOUT.
UM, I WILL POINT OUT, UH, THE ONE BENEFIT ENVIRONMENTALLY THAT I TAKE THE AFRICAN POINTED OUT IS WE, THE ACTUAL IMPERVIOUS COVER IS LOWER DRY.
IT GOES FROM 95 TO, IS IT 80? OKAY.
SO THAT IS, UH, AN ENVIRONMENTAL BENEFIT.
UH, THOSE ARE ALL THE QUESTIONS I HAVE.
SO WE ARE, WE ARE AT THE END OF OUR QUESTIONS HERE.
UM, DO WE HAVE MOTION COMMISSIONER SHIT.
SO I'LL TRY THIS AND LET'S SEE WHERE THIS GOES, BUT I'LL MAKE A MOTION FOR THE MSX WITH A 75 FOOT HEIGHT LIMIT.
DO WE HAVE A SECOND FOR THE MOTION LOOKING AROUND THE ROOM? I'M GOING TO, I'LL GO IN SECOND, THAT MOTION.
YOU WANT TO GO AHEAD AND SPEAK TO YOUR MOTION COMMISSIONER.
SO WHEN WE TALKED A LOT ABOUT THE AFFORDABILITY, I MEAN, WE ALREADY HAVE THE PUDS, WHICH HAVE TO DEMONSTRATE EVEN MORE SUPERIOR ACROSS THE BOARD, NOT JUST AFFORDABILITY, BUT ALSO THE SITE REGULATIONS AND EVERYTHING.
AND THEY'RE ABLE TO DO THIS WITH
[01:40:01]
THE SAME AFFORDABILITY IN 60 FEET.SO THAT'S WHAT IS HAPPENING AROUND IT.
WE HAVE A PROJECT THAT WE APPROVED.
I PRETTY SURE WITH AN MSX AND WE GAVE HIM 75 FEET, THE WATERFRONT OVERLAY SAYING IT SHOULD BE 60 FEET, YOU KNOW, AND, AND HERE WE ARE TRYING TO GIVE THIS INCREMENTAL EXTRA OF ADDITIONAL 30 FEET, BUT WHAT ARE THEIR, WHAT ARE THEY DEMONSTRATING? THEY'RE DEMONSTRATING THE SAME AFFORDABILITY AS THE PUD THAT DID IT IN 60 FEET.
SO THERE'S ALL THIS STUFF GOING ON THAT, THAT WE'RE TRYING TO REBALANCE AT OTHERS HAVE DEMONSTRATED THAT THEY WERE ABLE TO DO, UH, THE SAME AFFORDABILITY WITH MORE SUPERIORITY, BUT THEY'RE ALSO WANTING MORE HEIGHT.
SO, AND THE OTHER THING IS ALSO IN RESPECT OF THE WATERFRONT OVERLAY AND ALL THAT STUDY AND THE COMMITMENT THAT WE HAD TO THE CITY TO MAINTAIN FROM WHAT YOU TALKED ABOUT FROM IMAGINE AUSTIN, TO THE WATERFRONT OVERLAY, TO THE COMMITMENT, TO, UM, YOU KNOW, THE WHOLE IDEA OF WHAT HAPPENS ALONG THIS WATERFRONT.
I MEAN, IT WAS AT 60 AND LAST TIME WE, WE BROKE THAT AND WE WENT UP TO 75.
AND SO TO ME, IT'S LIKE, WE, IF WE'VE DONE IT BEFORE AND WE'RE WILLING TO PUSH IT TO THAT POINT, THEN THAT'S WHERE I GOT 75 FEET.
CAUSE WE, WE DID THIS LAST TIME, BUT TO GO UP TO ADDITIONAL WHEN IT'S NOT A PUD, WHERE'S THE OTHER SUPERIORITY THAT THEY'RE COMMITTED TO.
IT'S HARD TO SAY THE OTHER THING IS, YOU KNOW, I APPRECIATE ALL THESE TENANT PROTECTIONS.
AND COUNCIL HAS BEEN TRYING TO PUSH IT.
SO HAVE WE, NOT JUST IN THIS ONE DEVELOPMENT, BUT ACROSS THE WHOLE CITY AND WE SHOULD BE COMMITTED TO DOING, TO BE DOING THAT ACROSS THE WHOLE CITY.
AND IT, IT'S TOUGH TO, TO SEE HOW WE, AS, YOU KNOW, AS A BODY CAN EVEN, YOU KNOW, USE THAT IN DICTATING HOW ZONING GETS APPROVED OR NOT, BECAUSE IT'S A PRIVATE AGREEMENT.
SO THERE'S SO MANY PIECES IN THIS THING.
AND THE BEST BALANCE I CAN THINK IS TO COME UP WITH SOMETHING LIKE THIS.
SO WE'RE COMMITTED TO THE CITY TO IMAGINE OFTEN TO THE, TO THE RESIDENTS STILL GIVE THEM THE MF SIX.
SO, UM, ANYWAY, THAT THAT'S WHERE I ARRIVED AT AT THIS.
AND A QUICK, UH, IN THE INTEREST OF TIME, UH, LET'S ONLY TAKE, I WOULD LIKE TO, UH, ONLY LOOK AT SPEAKERS FOR AND AGAINST, UH, TO MOVE THIS ALONG AND ALSO BRING UP, UH, POINTS FOR THE REST OF THE COMMISSION.
UM, SO, UH, COMMISSIONER COPPS, I'M LOOKING AT THOSE THAT ARE NOT IN FAVOR OF THIS MOTION, IS THAT YOU'RE OKAY.
UM, I'LL PUT SOMETHING OUT THERE.
UH, IF THE APPLICANT WANTS TO RUN UP AND INTERRUPT ME WHILE I SPEAK, UH, BE HAPPY TO DO SO, BUT THE APPLICANT CLEARLY STATED THAT IT, THAT THEY WOULD ONLY HONOR THE TENANT PROTECTIONS IF WE DID THE MF SIX WITHOUT CONDITIONS.
UH, AND I DISAGREE WITH
AND I DISAGREE WITH
IF THE TENANT PROTECTIONS AREN'T INCLUDED, UM, TO ME, THIS IS A CLASSIC CASE OF SPECULATIVE ZONING.
THE PROPERTY IS FOR SALE, UH, AND THEY'RE JUST TRYING TO GET EXTRA HEIGHT, UH, TO, TO MAXIMIZE THE SALE VALUE OF THIS PROPERTY.
THAT'S, THAT'S WHAT I SEE HERE.
I HOPE I'M WRONG, BUT THAT'S WHAT THIS LOOKS LIKE TO EAT.
UH, WE'RE TALKING A LOT ABOUT THE ENVIRONMENT, WHICH IS VERY IMPORTANT, BUT WE'RE TALKING ABOUT A 0.9 ACRE TRACT.
SO, SO FIVE, 10, 15% IMPERVIOUS COVER, UH, SAVINGS OR REMOVAL OF THAT IMPERVIOUS COVER ON THIS TRACT IS A DROP IN THE BUCKET.
UM, SO I, THAT DOESN'T REALLY FACTOR INTO MY DECISION MAKING.
WE ALSO, NOT TOO LONG AGO, JUST REVIEWED DIFFERENT DESIGNS OF THE DOHERTY ARTS CENTER.
AND IF I REMEMBER CORRECTLY, I THOUGHT MULTIPLE COMMISSIONS AND STAFF, INCLUDING THIS COMMISSION VOTED AGAINST A PARTICULAR DESIGN OPTION BECAUSE THEY FELT LIKE IT WAS TOO TALL AND IT WOULD BE LOOMING OVER THE PARK.
BUT NOW WE HAVE AN APPLICATION AND AN APPLICANT TRYING GET 90 FEET RIGHT NEXT TO WHAT'S GOING TO BE THIS FUTURE DOUGHERTY ARTS CENTER.
UM, I, THIS DOES NOT CHECK NEARLY AS MANY OF THE BOXES THAT I THINK IT SHOULD, IF WE'RE GOING TO EXTEND ADDITIONAL HEIGHT.
AND I THINK WE NEED TO BE LOOKING AT THIS AS WHAT ARE THEY DOING EXTRA, NOT ONLY FOR THE TENANTS, BUT FOR THE FUTURE OF THIS PROPERTY.
SO, SO I CAN'T SUPPORT THE MOTION.
DO WE HAVE A COMMISSIONER SPEAKING FOR THIS MOTION? COMMISSIONER IS OUR, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION THAT WE MOVE WITH STAFF RECOMMENDATION.
COULD YOU CLARIFY WHAT THIS STAFF RECOMMENDATION WAS? I'M SORRY.
THE STAFF RECOMMENDATION IS TO MOVE FORWARD WITH THE APPLICANT REQUEST.
I, I'M SEEING TWO HANDS AT THE SAME TIME.
I'M GONNA GO AND RECOGNIZE COMMISSIONER THOMPSON.
UH, DO YOU WANT TO GO AND SPEAK TO YOUR SUBSTITUTE MOTION? SURE.
I JUST WANT TO BE VERY CLEAR THAT I THINK WE HAVE A CLEAR UNDERSTANDING HERE THAT IF WE LIMIT THE HEIGHT OR DO ANY OF THE OTHER THINGS THAT WE'RE TRYING
[01:45:01]
TO DO HERE OR VOTE AGAINST IT, WE ARE VOTING AGAINST THE TENANTS.THE TENANTS HERE HAVE CLEARLY SPOKEN TO US ON HOW THEY HAVE WORKED TO REACH AN AGREEMENT THAT AGREEMENT HAS BEEN SIGNED, AND WE'LL BE MOVING TOWARDS A RESTRICTIVE COVENANT THAT IS LEGALLY BINDING TO ENSURE THAT THEY ARE PROTECTED FROM EVICTION, THAT THEY ARE ALLOWED THE RIGHT TO RETURN, THAT THEY HAVE THE PROPER NOTIFICATIONS THAT THEY ARE SAFE FROM EXTRA MONTH'S RENT.
THE MOMENT WE VOTE AGAINST THE MOTION THAT I'M PROPOSING HERE.
I ALSO WANT TO SAY, THERE'S, ON-SITE AFFORDABLE HOUSING HERE.
IF YOU LOOK, THE CLOSEST ONE IS WINDSOR ON WINDSOR ON SOUTH LAMAR.
SO IT'S MUCH FURTHER SOUTH OR DOWNTOWN.
THIS IS A HIGH OPPORTUNITY AREA WITH NO ONSITE AFFORDABLE HOUSING.
OUR BUDS ALLOW HOW HEIGHT TO GO UP TO 96 FEET.
AND NONE OF THE PODS HERE HAVE ONSITE AFFORDABLE HOUSING.
SO I JUST WANT TO SEE AGAIN, THIS WOULD ACTUALLY ALLOW AFFORDABLE HOUSING ONSITE, WHICH WOULD NOT OTHERWISE BE AVAILABLE IF YOU GO WITH ANY OF THE OTHER EMOTIONS THAT ARE BEING MADE, IT HAS BEEN RECOMMENDED BY OUR STAFF.
SO WE KNOW THAT ALL THE ENVIRONMENTAL AND WATERFRONT OVERLY FEATURE AND REQUIREMENTS HAVE BEEN MET.
AND WE ALSO UNDERSTAND THAT THE IMPERVIOUS COVER WOULD BE GOING LOWER.
SO IT IS IN SOME WAYS, ENVIRONMENTALLY SUPERIOR TO BUILDING TO CURRENT STANDARDS TODAY.
AND LAST VIA AGAIN, JUST WANT TO SAY THERE'S A GOOD FAITH EFFORT OF THE APPLICANT AND THE DEAD ENDS TO MAKE THIS WORK.
AND IF WE DO NOT VOTE FOR THIS, DO THIS STAFF RECOMMENDATION, WE ARE WASTING THE TIME OF THE TENANTS WHO AS WE HAVE HEARD FROM MR. MARTINEZ HAVE SPENT NIGHTS UP FOR SIX WEEKS TRYING TO MAKE THIS EFFORT COME TOGETHER.
SO AGAIN, IF WE GO WITH ANY OTHER RECOMMENDATION, BUT THE STAFF RECOMMENDATION, WE ARE VOTING AGAINST TENANTS, AND I DO NOT WISH TO VOTING INSTANCE.
UH, THOSE SPEAKER SPEAKING THIS MOTION, A CHEMIST SINNER.
I CAN'T TELL WHO IS FIRST IN MARIJUANA TO HELP ME.
UM, I, UH, I WANT TO SAY THANK YOU TO THE TENANTS AND THANK YOU TO PASTA AND THANK YOU TO MS. SWORE AND THE OWNER FOR COMING UP WITH SOME, WHAT SEEMED LIKE REALLY GREAT, UH, PROTECTIONS FOR THE TENANTS WHO WERE THERE.
UH, AND I FEEL REALLY GOOD ABOUT THAT.
I FEEL REALLY BAD ABOUT THIS IMPLICATION OR FACT THAT THE TENANTS ARE ONLY PROTECTED IF THE IS, GETS EXACTLY WHAT THE OWNER WANTS.
OFTEN WE GET THESE SOMEWHAT COMPLICATED BOND BONDS AT 1159 BEFORE WE'RE SUPPOSED TO VOTE.
SO IT'S REALLY DIFFICULT TO LIKE DIG IN AND MAKE SURE THAT, UH, THIS IS NECESSARILY IN THE PUBLIC INTEREST, PUTTING ALL THAT ASIDE, MAKING THE BEST CASE THAT EVERYTHING'S GREAT WITH THIS, THIS AGREEMENT, WHAT HAPPENS TO THE TENANT IS IMPORTANT.
AND IT IS ONE OF MANY FACTORS THAT I THINK WE NEED TO CONSIDER.
THE SECOND IS THIS SEEMS TO BE TRADING A 50% INCREASE IN HEIGHT FROM 60 TO 90 FEET FOR A 30% REDUCTION IN MARKET AFFORDABLE TO AFFORDABLE HOUSING FROM 39 UNITS TO 26 UNITS.
ASSUMING IT GETS BUILT OUT TO 215.
I THINK THERE'S ALSO THE QUESTIONS ABOUT INFRASTRUCTURE ON THIS STREET, ABOUT A 90 FOOT STRUCTURE, SO CLOSE TO THE PARK.
UM, FOR THOSE REASONS I CAN'T SUPPORT THE SUBSTITUTE, UH, COMMISSIONERS, UH, AND IN FAVOR OF COMMISSIONER COMMON.
YEAH, I THINK A KEY POINT HERE JUST TO RESPOND TO WHAT WAS MADE AGREEMENTS ARE MADE ALL THE TIME BETWEEN NEIGHBORHOOD GROUPS, UM, AND OFTENTIMES NEIGHBORHOOD GROUPS GET WHAT THEY WANT.
THEY COME HERE AND BEFORE THE PLANNING COMMISSION AND THE PLANNING COMMISSION MOVES FORWARD, WHAT'S RARE AND UNIQUE IS AN AGREEMENT MADE WITH THE TENANTS.
THE TENANTS HAVE A VOICE IN THIS CASE, WHICH IS, YOU KNOW, I, AS LONG AS I'VE BEEN ON THE COMMISSION, I AM YET TO SEE A CASE LIKE THIS, WHERE THE TENANTS ACTUALLY HAVE A VOICE WHERE THEY ACTUALLY COME FORWARD, PARTICIPATE IN THE CASE WHERE THEIR NEEDS ARE LOOKED AFTER ALL TOO OFTEN, THE NEIGHBORHOOD MAKES ITS DEMANDS AND THE NEIGHBORHOOD IS HYPER-FOCUSED ON HEIGHT.
THE NEIGHBORHOOD CARES SO MUCH ABOUT HEIGHT, BUT WHEN THE NEIGHBORHOOD GETS WHAT IT WANTS AROUND HEIGHT, THE TENANTS ARE ALL STILL LEFT TO FEND FOR THEMSELVES LEFT TO BE DISPLACED.
UM, YOU KNOW, NO ONE IS LOOKING AFTER THE TENANTS, BUT HERE WE HAVE A CASE, A UNIQUE CASE WHERE THE TENANTS ARE ENGAGED AND WE HAVE A UNIQUE OPPORTUNITY TO STRENGTHEN THE TENANTS VOICE.
IT'S NOT THAT THE, THE, THE DEVELOPER IS HOLDING US HOSTAGE AT ALL.
IT'S THAT THE TENANTS HAVE FLEXED POWER AND HAVE USED A VOICE THAT THEY ARE RARELY GRANTED IN, IN ANY ZONING CASE LIKE THIS IN.
SO THIS IS REALLY ABOUT RECOGNIZING AND CELEBRATING THE POWER THAT THE TENANTS HAVE FLEXED IN THIS MOMENT TO SAY, WE COME TOGETHER AS A BODY, WE HAVE A POWER, WE HAVE A VOICE WE WOULD LIKE TO BE HEARD.
WE WOULD LIKE TO BE ACKNOWLEDGED
[01:50:01]
AND TO DISMISS THAT IS BEYOND UNFORTUNATE.UH, COMMISSIONER MOOSE TODDLER, YOU HAD YOUR HAND UP AND YOU WANT TO GO OUT AND SPEAK AGAINST THIS MOTION.
UM, I, I WANT TO ACKNOWLEDGE THE EFFORTS OF THE TENANTS, AND I WANT TO ACKNOWLEDGE THAT I HEAR WHAT MY FELLOW COMMISSIONERS ARE SAYING AS IT PERTAINS TO THAT, AND LET'S TAKE THAT MOVING FORWARD.
BUT I ALSO WANT TO WA UM, LEAN IN ON WHAT WAS SAID PREVIOUSLY, THAT WE'RE NOT SEEING ENOUGH OUT OF THIS PROJECT THAT, UM, THAT LENS, THAT 90 FOOT HEIGHT IN TERMS OF WHAT WE'RE GETTING BACK AND AFFORDABILITY.
I ACTUALLY HAVE CONCERNS ABOUT THIS AGREEMENT FOR THE TENANTS.
AND I WOULD HAVE LIKED TO HAVE SEEN IT BE MORE FORCEFUL.
I'M WILLING TO TAKE THE CHANCE THAT IF WE GO AGAINST THIS, WE'LL SEE A BETTER PROJECT AND WE'LL SEE SOMETHING BETTER FOR THE TENANTS.
BECAUSE AS I SEE IT ONLY 25 OF THE UNIT HOLDERS OUT OF THE 39 OR 40 ARE GOING TO HAVE A CHANCE TO COME BACK IN.
AND IF IT GOES TO, THERE WAS A 12% AND THERE WAS A 5%.
AND SO I SEE A LOT OF DISPLACED PEOPLE WITHOUT A CHANCE TO GET BACK IN.
AND, YOU KNOW, I, WE HAVEN'T EVEN LOOKED AT THE PRICE COMPARISON.
SO THESE GUYS JUST GOT ORGANIZED TO GET GOING.
THEY ARE NEW TO THE PROCESS, AND I DON'T THINK THEY'VE BEEN FULLY REPRESENTED YET.
I'M GOING TO PAY ATTENTION TO THOSE IN THE VIRTUAL SPACE HERE.
SO ANY SPEAKERS IN FAVOR VERSUS IN FAVOR OF THIS MOTION? UH, THAT'S THE NEXT LOOKING AROUND.
UH, COMMISSIONERS SPEAKING AGAINST, I SEE COMMISSIONER YANNIS, POLITO.
UM, I JUST WANT TO BE REALLY CLEAR.
THE TENANTS THAT WE HEARD FROM TONIGHT DO NOT SUPPORT THIS PROJECT.
THEY HAVE SIGNED AN AGREEMENT THAT THEY WILL NOT OPPOSE THE PROJECT.
THAT'S VERY DIFFERENT FROM SAYING THAT IF YOU OPPOSE THIS CASE, YOU'RE AGAINST THE TENANTS BECAUSE THE TENANTS ARE NOT FOR THIS PROJECT.
THEY'VE AGREED NOT TO OPPOSE IT.
THEY'RE NOT GUARANTEED AFFORDABLE HOUSING.
THEY'RE NOT GUARANTEED A RIGHT TO RETURN WHEN YOU ONLY HAVE, WHEN YOU HAVE A NET LOSS OF 35% UNITS ALTOGETHER, AND ACTUALLY PROBABLY HAVE CLOSER TO AN 80% NET LOSS, BECAUSE WE HAVEN'T EVEN TALKED ABOUT THE RENTAL RATES THAT THESE CURRENT TENANTS PAY VERSUS WHAT 80% MFI RENTALS WILL BE IN SEVERAL YEARS WHEN THIS IS COMPLETED, WHICH ARE PROBABLY GOING TO BE AROUND 2,500 TO 3000 FOR A TWO BEDROOM, JUST TO BE REALISTIC.
WE'VE HAD MUCH LARGER NEGOTIATIONS ON SITES LIKE THIS.
AND I WOULD ARGUE THAT IF YOU VOTE FOR THIS, FIRST OF ALL, I JUST WANT TO SAY A LOT OF HOUSING ADVOCATES IN OTHER CITIES AND OTHER AREAS THAT ARE A FEW YEARS AHEAD OF US WOULD PROBABLY LAUGH IN MY FACE.
IF I TOLD THEM THIS WAS A GREAT DEAL.
IT'S NOT TO, UH, DIMINISH THE HARD WORK THAT'S GONE INTO NEGOTIATING THIS AGREEMENT.
AND THESE TENANTS SHOULD GET COMPENSATED IF, BUT WE SHOULD NOT BE HOLDING, UH, IDEOLOGIES HOSTAGE HERE ON A DEAL THAT ACTUALLY WOULD REPRESENT NOT ONLY A NET LOSS AND AFFORDABILITY IN A VERY HIGH OPPORTUNITY AREA, BUT ALSO A REWARDING AND PRECEDENT FOR SPECULATION.
THAT TURNS A PROPERTY FROM BEING WORTH $7.2 MILLION TO $32 MILLION BECAUSE OF A ZONING CHANGE.
SO THAT'S THE REALITY OF WHAT WE'RE TALKING ABOUT HERE.
I THINK THERE'S A MUCH BETTER DEAL FOR THE TENANTS AND A MUCH DEAL, BETTER DEAL FOR THE PEOPLE IN THIS GENERAL AREA AND THE PEOPLE OF AUSTIN I'LL BE VOTING AGAINST.
THAT IS ALL OF OUR, LET'S GO AND VOTE ON THIS MOTION.
SO THIS IS THE SUBSTITUTE MOTION BY COMMISSIONER IS SECONDED BY COMMISSIONER THOMPSON TO, UM, CORRECT.
OKAY, LET'S GO AHEAD AND, UH, UH, LOOK AT THOSE ON THE DICE THAT ARE FOR THIS MOTION.
UH, 1, 2, 3, 4, UH, THOSE, UH, ON THE SCREEN HERE, THOSE FOR THE SUBSTITUTE MOTION, PLEASE RAISE YOUR HAND, SHOW ME GREEN.
UH, THEN WE HAVE THOSE ON THE DICE THAT ARE AGAINST THIS MOTION.
AND THOSE ON THE SCREEN THAT ARE AGAINST THIS MOTION, 1, 2, 3, 4.
SO LET'S GO BACK TO THE ORIGINAL MOTION BY COMMISSIONER SHEA.
UH, SECOND BY COMMISSIONER SHAW.
I THINK WE HEARD FROM COMMISSIONER SHAY.
I DO NOT THINK, DID WE HEAR FROM ANY COMMISSIONERS AGAINST THIS? WE DID SHARE CUPS.
AND THEN, SO I THINK WE'RE BACK TO THOSE.
[01:55:01]
IN FAVOR.DO YOU HAVE ANY COMMISSIONERS WANT TO SPEAK IN FAVOR OF THE MOTION BY MR. SHEA FOR MS. SIX, WITH THE LIMIT OF A 75 FOOT HEIGHT? ANY COMMISSIONER JUST WANT TO SPEAK IN FAVOR? OKAY.
CHAIR, CAN I MAKE A SUBSTITUTE MOTION JUST TO DENY THIS REQUEST? YES, YOU CAN.
I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO DENY THIS REQUEST.
DO WE HAVE A SECOND FOR THE S UH, WE HAVE COMMISSIONER COX RES YOU HAVE A SECOND COMMISSIONER COPS.
YOU WANT TO SPEAK TO YOUR MOTION.
UH, I'LL KEEP IT SHORT FOR EVERY REASON THAT IT WAS PREVIOUSLY LAID ON THE ORIGINAL MOTION ABOUT WHAT WE'VE SEEN IN CUDS AND WHAT WE CAN GET IN SUPERIORITY FOR THE FACT THAT THIS IS A LONG POTENTIALLY PROTECTED WATERWAYS FOR THE FACT THAT THIS IS A HIGH OPPORTUNITY AREA FOR THE FACT THAT A HERITAGE TREE WAS REMOVED FOR DAMAGING STRUCTURE TO A BUILDING THEY INTENDED TO DEMOLISH IN THE FIRST PLACE DENY.
DO WE HAVE COMMISSIONERS SPEAKING AGAINST THE SUBSTITUTE MOTION COMMISSIONER THOMPSON? UM, IT SEEMS LIKE WE'VE GOT THREE DIFFERENT MOTIONS HERE THAT I DON'T THINK THAT ANYONE IS GOING TO GET A MAJORITY.
UM, SO I THINK WE'RE GOING TO TRY AND VOTE FOR IT.
MY GUESS IS THAT WE'RE GOING TO, UH, SEND THIS TO COUNCIL WITHOUT RECOMMENDATION.
AND SO I'LL BE VOTING AGAINST THIS ONE AND THE 75 FOOT WITH THE IDEA THAT, UH, WE DON'T COME UP WITH A RECOMMENDATION AND WE SENT THE COUNCIL WITH NO RECOMMENDATION.
UH, THOSE SPEAK IN FAVOR OF THE SUBSTITUTE MOTION, UH, COMMISSIONER COPS.
I JUST WANT TO EMPHASIZE THAT THE TENANTS, I THINK HAVE BEEN PUT IN A HORRIBLE POSITION HERE AND, AND I, I REALLY, REALLY, REALLY DO NOT LIKE IT WHEN APPLICANTS COME UP AND I'M CERTAIN THAT THEY HAVE NEGOTIATED IN GOOD FAITH WITH THE TENANTS, BUT, BUT TO BASICALLY, UH, USE THAT NEGOTIATION AS A TOOL TO GET EXACTLY WHAT THEY WANT.
AND WITH LITTLE FLEXIBILITY, I DON'T WANT TO USE THE WORD BLACKMAIL, BUT THAT'S WHAT COMES TO MIND.
AND I DON'T THINK THIS COMMISSION SHOULD REWARD THAT TYPE OF STRATEGY.
I THINK, I THINK WE WANT OUR APPLICANTS, OUR LANDLORDS TO NEGOTIATE IN GOOD FAITH, TREAT THEIR TENANTS WELL, BUT ALSO COME FORWARD WITH A PROJECT, A WELL-DEFINED PROJECT, ESPECIALLY IN AN AREA LIKE THIS THAT PROVIDES SOME EXTRA BENEFIT FOR WHAT THEY'RE ASKING FOR.
SO I AGREE WITH WHAT SAID BEFORE AGAINST THIS, UH, APPLICATION.
UM, I WOULD LIKE TO MOVE THIS ALONG FOR A VOTE UNLESS SOMEBODY REALLY HAS WANTS TO OKAY.
COMMISSIONER CONLEY WANTED TO SPEAK AGAINST THE EMOTION THING.
AGAIN, AGAINST THE MOTION AND I'LL MAKE MY REMARKS VERY BRIEF.
I JUST WOULD LIKE TO NOTE THAT, UM, IF WE FIND IT, UM, SO AWFUL TO HAVE AN APPLICANT REACH AN AGREEMENT WITH TENANTS, I WONDER IF THAT'S ALSO HOW WE FEEL WHEN APPLICANTS REACH AGREEMENTS WITH NEIGHBORHOODS, BECAUSE WHY IS THERE ONE STANDARD FOR NEIGHBORHOODS AND ANOTHER STANDARD FOR TENANTS? IF NEIGHBORHOODS CAN SIT DOWN WITH AN APPLICANT AND NEGOTIATE A DEAL AND WE SEE, WE SEEM TO BE OKAY WITH THAT, UNLESS WHAT I'M HEARING IS THAT WE DON'T LIKE IT WHEN NEIGHBORHOODS SIT DOWN WITH APPLICANTS EITHER.
BUT IF WE LIKE NEIGHBORHOODS SIT DOWN WITH APPLICANTS, WHAT IS IT ABOUT THE TENANTS SITTING DOWN WITH THE APPLICANTS AND REACHING A DEAL THAT WE HAVE A PROBLEM WITH? SO THAT'S THE QUESTION FOR THE WORLD, I GUESS, BECAUSE I DON'T THINK WE'RE GOING TO ANSWER IT HONESTLY TONIGHT.
COMMISSIONERS, CAN WE GO AHEAD AND, UH, TAKE A VOTE ON THIS.
IF YOU DON'T MIND, LET'S GO AHEAD AND MOVE FORWARD.
SO THIS IS THE SUBSTITUTE MOTION BY COMMISSIONER
SO THOSE ON THE DYESS THAT ARE IN FAVOR OF THIS SUBSTITUTE MOTION, PLEASE RAISE YOUR HAND TO, UH, THOSE ON, ON THE SCREEN THAT ARE IN FAVOR OF THE SUBSTITUTE MOTION.
THOSE THAT ARE AGAINST THIS MOTION ON THE DIOCESE AND THOSE THAT ARE, UM, AGAINST THE SUBSTITUTE MOTION ON THIS ONE TOO.
SO THAT MOTION FAILS AND I ABSTAINED FIVE.
UH, SO LET'S GO ON BACK TO COMMISSIONER SHEA'S, UH, MOTION.
AND, UH, THIS IS SECOND BY, UM, ME AND THEN IT'S MF SIX WITH THE 75 FOOT HEIGHT LIMIT.
[02:00:01]
LET'S GO AND TAKE A VOTE, UH, IF WE CAN.IT'S ON THE DIETS THAT ARE IN FAVOR OF THIS MOTION.
TWO, AND THEN THOSE ON THE SCREEN THAT ARE IN FAVOR OF THE MOTION.
THAT'S IN THE DIOCESE AGAINST 1, 2, 3, 4, 5, 6.
WE KNOW WHERE THIS IS GOING AND THOSE, UM, THAT ARE AGAINST THE MOTION.
SO WE ARE, UM, MR. THOMPSON, DO YOU WANT TO GO AHEAD AND, UH, KIND OF, I THINK YOU HAD IT CALLED HERE.
COMMISSIONER LAYS ON HANDOVER.
THERE'S NO FURTHER ACTION NEEDED.
I'LL JUST MOVE ON TO COUNCIL WITHOUT RECOMMENDATION.
UH LET'S UM, WE HAVE GOT A LOT MORE WORK TO DO AND IT'S ALREADY EIGHT O'CLOCK, BUT I THINK WE JUST NEED A QUICK BREAK.
LET'S TAKE A FIVE MINUTE, FIVE MINUTE RECESS.
UH, SO TAKE CARE OF WHICH EVERY YOU NEED TO IN THE FIVE MINUTES, WE'LL COME BACK AT EIGHT, 13.
WELL, WE CAN HAVE COMMISSIONERS COME ON BACK ONLINE AND, UH, TEAR SEATS.
I'M FEELING PRESSURE TO KEEP MOVING ON HERE.
A LOT OF PEOPLE WAITING ON US ONCE WE GET TO SEVEN UP HERE ON STAGE 2, 3, 4, 6, 7.
SO I AM, UH, WE'RE UH, BACK IN SESSION THAT, UM, RETURNED IT, UH, IT IS EIGHT 19.
UM, AND NOW WE'RE GONNA MOVE ON TO THE NEXT, BEFORE WE DO THIS, THE COMMISSIONERS, UH, IN ORDER TO, UH, FACILITATE GETTING THROUGH THIS BUSY AGENDA, I WOULD LIKE TO PROPOSE A, UH, SUSPENDING OUR RULES FOR THE REST OF THE CASES.
REST OF THE, UM, B DISCUSSION CASES IS GOING WITH FIVE QUESTIONS, THREE MINUTES EACH, UH, IN ORDER TO TRY TO GET THROUGH THE AGENDA.
UM, DO I HAVE A SECOND FOR THAT? UM, SUSPENSION OF OUR RULES? I SEE A COMMISSIONER SCHNEIDER.
UM, AND AGAIN, THIS IS TO TRY TO GET THROUGH THIS CASE LOAD.
WE'VE GOT A LOT OF PEOPLE WAITING ON US, AND IF WE DON'T, I DON'T THINK WE'RE LOOKING AT 11 ANYWAY, DO I HAVE I HAVE A SECOND? UH, I WILL GO AND SPEAK TO MY MOTION QUICKLY IS WE, I KNOW A LOT OF US, UH, DON'T LIKE TO BE OUT OF HERE PAST 10.
AND AT THIS CURRENT RATE, IT'S ALREADY EIGHT.
WE'RE NOT GOING TO GET TO THESE CASES.
SO IF WE WANT TO HAVE ANY CHANCE OF GETTING DONE BEFORE, I WOULD EVEN SAY 11, WE NEED TO GO AHEAD AND, UM, MAKE THIS CHANGE.
AND, UH, ON THE DIOCESE IN FAVOR, IF THIS HAS MENTIONED OF THE RULES.
WE HAVE FOUR, FIVE, AND THEN THOSE ON THE SCREEN, THAT'S SEVEN.
AND THEN THAT IS AGAINST THE, UH, SUSPENSION ONE.
AND THEN THOSE AGAINST THAT'S TWO, THOSE THAT ARE ABSTAINING TWO.
AND I, DID WE GET, DID I MISS SOMEBODY? OKAY.
UM, SO WE'RE GOING TO SPEND OUR RULES.
SO BE CLEAR, WE'LL HAVE FIVE QUESTIONS, THREE MINUTES EACH.
SO BE READY WITH YOUR QUESTIONS CAUSE YOU WON'T HAVE MUCH TIME.
UH, BUT WE'RE, LET'S GO AND GET STARTED
[Items B2 & B3]
ON THE NEXT CASE.UH, THIS IS WE'RE TAKING UP ITEMS, B2 AND B3 TOGETHER.
THIS IS THE PLAN AMENDMENT AND REZONING STAFF.
YOU WANT TO GO AHEAD AND GIVE US AN UPDATE PLEASE? YEAH.
UH, JESSICA GUTIERREZ WITH HOUSING AND PLANNING DEPARTMENT, UH, ITEM TWO B IS A NEIGHBORHOOD PLAN AMENDMENT CASE CASE NUMBER NPA 20 20 0 0 1 5 0 3.
THE ADDRESS IS 6,705 AND 65 0 1.
I NEED A, UH, CLARIFICATION POINT OF CLARIFICATION THAT NEEDED TO BE A SUPER MAJORITY TO SPEND THOSE REAL ESTATE IN IT.
MR. RIVERA, CHUCK MENTIONED LAYS ON ERROR.
IF YOU BELIEVE IT'S A SPLIT SUBLIMINAL SUPPLEMENTAL ROLE, IT CAN BYPASS BY A SIMPLE MAJORITY.
WE'LL GO AHEAD AND MOVE FORWARD THEN.
UM, ONCE AGAIN, UH, ITEM B IS THE NEIGHBORHOOD PLAN AMENDMENT CASE CASE NUMBER NPA 20 20 0 1 FIVE.ZERO THREE.
THE ADDRESS IS 6,705 AND 6,501 REGAIN ROAD.
UH, THE PROPERTY IS LOCATED WITHIN THE EAST MLK COMBINED NEIGHBORHOOD PLAN AREA.
UM, SO B2 IS A FUTURE LAND USE MAP CHANGE REQUEST FROM INDUSTRY TO MAJOR PLAN DEVELOPMENT.
[02:05:01]
UH, THE INCLUSIVE PLANNING STAFF DOES RECOMMEND THIS CHANGE, THIS PHLEGM CHANGE.UM, THE EAST MLK NEIGHBORHOOD PLAN CONTACT TEAM HAS SUBMITTED A LETTER OF NON-SUPPORT AND THAT LETTER CAN BE FOUND IN EUROPE LATE BACKUP.
HEATHER CHAFFIN HOUSING AND PLANNING DEPARTMENT WITH THE RELATED ZONING CASE C 14 20 20 0 1 5 0.
THE PROPERTY IS CURRENTLY ZONED S F TO N P AND L I N P ABOUT 89% OF THE REZONING TRACT IS THE L I M P AND THE REMAINDER IS SF TO THE REQUESTING L I P D A N P PROPERTY IS APPROXIMATELY 15.69 ACRES.
THERE IS A DETAILED LIST OF WHAT THE APPLICANT IS REQUESTING ON.
AH, I CAN'T THINK OF THE EXHIBIT NAME OFF THE TOP OF MY HEAD, UM, EXHIBIT E BUT THEIR STAFF IS GENERALLY SUPPORTING THE REQUEST.
THERE ARE SOME DIFFERENCES STAFF.
UH, THE APPLICANT IS REQUESTING THAT 275 FEET OF BUILDING HEIGHT BE ALLOWED ON THE WESTERN PORTION OF THE PROPERTY AND 120 FEET ON THE REST.
STAFF SUPPORTS 120 FEET OVER THE WHOLE PROPERTY.
APPLICANT'S REQUESTING LIGHT MANUFACTURING LAND USE, WHICH STAFF DOES NOT SUPPORT.
UH, BUT IF LIGHT MANUFACTURING LAND USE IS GRANTED, THE APPLICANT IS REQUESTING THAT BREWERY LAND USE OR BREWERY USE, WHICH IS A LIGHT MANUFACTURING USE IS A MINIMUM OF 50 FEET FROM ALL RESIDENTIAL USES UNDER CODE IT'S JUST FROM SINGLE FAMILY.
RESIDENTIAL STAFF RECOMMENDS THAT ALL LIGHT MANUFACTURING USES BE SETBACK.
200 FREE FEED FROM ALL RESIDENTIAL USES.
IF THE LIGHT MANUFACTURING IS INCLUDED, THEN A TIA WAS PERFORMED IN CONJUNCTION WITH THIS AND A PUBLIC RESTRICTIVE COVENANT WILL TIE THE TIA TO THE ZONING INTO THE PROPERTY.
UM, UH, THE PROPERTY IS LOCATED EAST OF ED BLUE STEEN NORTH OF THE PROPOSED CAP, METRO GREEN LINE, UH, TO THE SOUTH AND THE EAST OF THE PROPERTY WALNUT CREEK GREENBELT ZONE P PUBLIC FURTHER SOUTH ACROSS THE RAILROAD RIGHT AWAY OR RESIDENTIAL PROPERTIES ZONED TO SF TO CROSS ED BLUE STEEN TO THE WEST IS A MIX OF LIGHT INDUSTRIAL AND COMMERCIAL USES TO THE NORTH OF THE PROPERTY IS THE FOAMER FORMER MOTOROLA CAMPUS.
THAT IS ALSO ZONED L I PDA N P UH, YOU MAY RECALL IT WAS REZONED IN 2020 PROJECT NAME, ZEN GARDEN, AND THEY GOT DIFFERENT BUILDING HEIGHTS ACROSS THE PROPERTY.
AND I'LL TALK ABOUT THAT MORE, UH, IN A BIT, IN ADDITION TO THE PROPERTY WE'RE DISCUSSING RIGHT NOW AND THE REZONING REQUESTS WE'RE DISCUSSING RIGHT NOW, THERE ARE TWO OTHER CASES THAT ARE RELATED, THAT HAVE BEEN FILED THAT ARE ALSO REQUESTING L I PDA.
AND THE APPLICANT HAS STATED THEIR INTENT TO DEVELOP ALL OF THESE PROPERTIES TOGETHER AS A COHESIVE PROJECT.
AND, UH, THE AGENT WILL DISCUSS THIS FURTHER, BUT EXHIBIT C SHOWS THE LOCATION OF THE OTHER PROPERTIES SINCE THOSE CAME IN SEPARATELY AND LATER, AND SOME ARE SEPARATED BY RIGHT AWAY.
THEY'RE NOT READY FOR PUBLIC HEARING AT THIS TIME.
UH, AS I SAID, THE MOTOROLA CAMPUS IS IF YOU RECALL, THEY REQUESTED SIGNIFICANT HEIGHTS AND IN THE END WERE GRANTED DIFFERENT HEIGHTS ON DIFFERENT PARCELS.
IF YOU LOOK AT PAGE 13 OF 23, YOU'LL SEE THE ZONING MAP THAT'S ATTACHED TO THE ZEN GARDEN, UH, ZONING ORDINANCE ON THAT MAP TRACT ONE WAS GRANTED 400 FEET OF HEIGHT TRACK.
TWO WAS GRANTED 280 FEET OF HEIGHT TRACK THREE, 160 FEET OF HEIGHT TRACK FOUR WAS GRANTED 120 FEET OF HEIGHT.
AND THE SOUTHERN PORTION OF TRACK FOUR IS A CONTIGUOUS WITH THE NORTHERN NORTHEASTERN PROPERTY LINE OF THIS SEVEN CASE.
THE, UH, OH, AND ALSO ZEN GARDEN WAS A REDEVELOPMENT OF THE MOTOROLA CAMPUS.
[02:10:01]
WITH PARKING AND THINGS LIKE THAT, AND OBVIOUSLY HEIGHT, BUT IT DOES NOT PERMIT ANY RESIDENTIAL USES ON THE PROPERTY TO THE NORTH.AND THEY DID SOME OF THE THINGS THAT THE APPLICANT IS PROPOSING WITH THE PDA AT PDA IS NOT LIKE A PUD.
THERE IS NO SUPERIORITY ELEMENT TO A PDA, A PDA ALLOWS MODIFICATION OF SITE DEVELOPMENT, REGULATIONS, HEIGHT, SETBACK, IMPERVIOUS COVER.
SOMETIMES THE APPLICANT REDUCES IMPERVIOUS COVER, UH, AS AN EXAMPLE HERE, AND THEN, UM, INCREASES HEIGHT.
SOME THINGS GO UP AND DOWN, UH, PARKING REDUCTIONS AND THE LIKE THEY CANNOT MODIFY COMPATIBILITY.
AND, UM, YOU KNOW, OTHER, THE BELLS AND WHISTLES THAT WERE DISCUSSED EARLIER, UH, PART OF AN L I PDA YOU CAN ADD DIFFERENT LAND USES AND SUBTRACT DIFFERENT LAND USES.
AS I SAID, MOST OF THIS PROPERTY, 89% IS CURRENTLY ZONED TO I, UH, THAT INCLUDES BASIC INDUSTRY, GENERAL WAREHOUSING AND DISTRIBUTION RESOURCE EXTRACTION AND RECYCLING.
THE APPLICANT IS PROPOSING TO PROHIBIT.
COMMERCIAL USES TO BE PROHIBITED, INCLUDE KENNELS, EXTERMINATE, EXTERMINATING SERVICES, AND SEVERAL OTHER HIGH-INTENSITY USES AND STUFF AGREES WITH THAT.
ALSO THE CURRENT FAR IS ONE-TO-ONE AND THAT THEY ARE REQUESTING STAFF, THE SUPPORTING TWO TO ONE, A PARKING REDUCTION OF 50%.
THIS IS THE SAME AS WHAT WAS GRANTED TO THE PROPERTY TO THE NORTH.
UH, CURRENTLY YOU CAN DO AN 80% REDUCTION, JUST KIND OF AUTOMATICALLY BY CODE.
UH, AS I SAID, A TRAFFIC IMPACT ASSESSMENT HAS BEEN COMPLETED.
THE TIA MEMO IS ATTACHED, AND THAT ALSO WAS, UH, THE TIA WAS MADE TO ADDRESS THOSE RELATED PROPERTIES.
SO IT TAKES THOSE INTO ACCOUNT.
ALSO, UH, WE SU STAFF SUPPORTS THE REQUEST WITH SOME CONDITIONS.
WE SUPPORT THE FACT THAT IT WOULD ALLOW A MIXED USE DEVELOPMENT WITH ACTUAL RESIDENTIAL OFFICE COMMERCIAL AND SOME LIGHT INDUSTRIAL USES.
UH, AGAIN, STAFF DOESN'T SUPPORT, LIGHT MANUFACTURING AND LIMITED WAREHOUSING.
WE DO SUPPORT LIMITED WAREHOUSING AND DISTRIBUTION SHOULD HAVE EDITED THAT.
UH, THE APPLICANT HAS AGREED TO PROHIBIT SOME USES THAT ARE PERMITTED ON THE PROPERTY.
NOW, THOSE HEAVIER INDUSTRIAL USES THE REZONING AS AN IN THAT WAY WOULD REDUCE THE RANGE OF INTENSE LAND USES IN THE AREA.
IT WOULD BE A, A BIT OF A TRANSITION FROM THESE ZEN GARDEN, MOTOROLA CAMPUS TO THE NORTH TO HAVE A MIX OF USES, UH, FROM THAT HIGHER INTENSITY CAMPUS TO THIS AREA, TO THE RESIDENTIAL PROPERTY SOUTH OF THE RAIL LINE, UH, WOULD ALSO ALLOW AN OPPORTUNITY FOR DIFFERENT HOUSING TYPES IN THE AREA.
UH, CURRENTLY THERE ARE NO MULTIFAMILY OR TOWNHOUSE COUNTY CONDOMINIUM OPTIONS IN THIS AREA.
THE MIX OF USES WOULD ALSO PROVIDE EMPLOYMENT OPPORTUNITIES AND ACCESS TO GOODS AND SERVICES.
IN THIS AREA, STAFF DOESN'T SUPPORT THE REQUEST OF 275 FEET ON THE WESTERN PORTION OF THE PROPERTY.
THE A ZEN GARDEN SLASH MOTOROLA CASE WAS PRETTY DIFFERENT.
IT WAS THE REDEVELOPMENT OF A UNDERUTILIZED CAMPUS THAT USED TO BE A MAJOR EMPLOYMENT CENTER IN THE PAST.
ADDITIONALLY, THE LOCATIONS FOR THE, FOR THE GREATER HEIGHT WERE ORIENTED ALONG THE HIGHWAY AND THEY WERE ALREADY KIND OF IDENTIFIED TRACKS WITH PRIVATE ROADWAYS, ISOLATING THEM.
THE MAJORITY OF THE TRACK TO THE NORTH WAS GRANTED ONE 20 AND STAFF SUPPORTS THAT ON THIS ONE, UH, THAT PRETTY MUCH COVERS IT AND I'M AVAILABLE FOR QUESTIONS.
UH, SO WE HEAR FROM THE APPLICANT NOW AND SIX MINUTES CHAIR COMMISSION LIAISON AIR YESTERDAY, WE'LL HEAR FROM MS. ALIA BUDGET, BUT IS A MR. JOHNSON PRESENT NOTED AS MS. ANY ARFON PRESENT NOTED MS. SPECIAL.
YOU'LL HAVE A MAXIMUM 10 MINUTES.
HI, COMMISSIONER IS OUT IF YOU'RE DOING WELL.
[02:15:01]
TO MAKE THIS GO QUICKLY FOR YOU, AND I'LL TRY NOT TO REPEAT SOME OF WHAT HEATHER TOLD YOU.UM, I'M LEAH BOTO WITH DRAENOR GROUP HERE REPRESENTING THE CLIENT.
UM, AND I ALSO HAVE, UH, QUITE A FEW MEMBERS OF OUR TEAM HERE TO ANSWER QUESTIONS AS NEEDED.
WE HAVE JOE GORE AND RAVIOLI COSA RADU FROM WTI TO ANSWER ANY TRAFFIC OR ENGINEERING QUESTIONS.
WE HAVE JUSTIN GASH FROM THE OFFICE OF MICHAEL SHOE'S OFFICE, OUR ARCHITECT, UH, TO ANSWER QUESTIONS ABOUT THE SITE.
AND WE ALSO HAVE THE DEVELOPER DEREK MUNICH HERE WITH CENTRAL AUSTIN MANAGEMENT.
UH, I HAVE TO GET BACK INTO THE HABIT OF, CAN I HAVE MY PRESENTATION PLEASE? THANK YOU.
UM, SO HERE IS A SITE TO ORIENT YOU TO THE PROJECT.
OVERALL, THE PROJECT IS THEY'RE OUTLINED IN WHITE LOCATED JUST ON THE EAST SIDE OF 180 3 AND A BIT NORTH OF THE RIVER ADJACENT TO THE
THE PROJECT IS PLANNING TO MAKE CONNECTIONS TO BOTH OF THOSE.
UM, HERE YOU CAN SEE THE NEIGHBORHOOD PLANNING AREA AND WHERE WE ARE LOCATED IN IT, JUST DOWN THERE ON THE FAR SOUTHEAST CORNER.
UM, LIKE HEATHER SAID, THIS IS ABOUT A 16 ACRE SITE.
IT IS ENTIRELY VACANT, SO THERE'S NO DISPLACEMENT.
UM, OUR ACCESS WOULD BE OFF OF 180 3.
UM, THE MAJOR CONSTRAINTS ARE THAT THERE ARE, UM, THERE'S SOME PRETTY SEVERE TYPOGRAPHY, AND THERE'S ALSO ABOUT A HUNDRED FOOT WIDE TRANSMISSION EASEMENT THAT GOES THROUGH THE MIDDLE OF THE SITE.
AND THERE ARE SIX HERITAGE TREES ON THE SITE, WHICH WILL BE INTEGRATED INTO THE DESIGN HERE.
YOU CAN SEE A LITTLE BIT MORE ZOOMED IN PICTURE.
YOU CAN SEE THAT EASEMENT THERE THAT RUNS EAST TO WEST ACROSS THE SITE.
THAT'LL BE ALSO BE INCORPORATED INTO THE SITE.
AND YOU CAN SEE THAT THERE ARE A LOT OF TREES, MOST OF WHICH ARE INVASIVE OTHER THAN THE SIX HERITAGE TREES THAT I IDENTIFIED.
SO OUR CURRENT ENTITLEMENTS, UH, THE FARM HAS INDUSTRY, UM, AND THE ZONING IS L I N P NSF TO, WE WERE ASKING FOR MAJOR PLAN DEVELOPMENT AND ALLIED PDA, AND P JUST TO GIVE YOU A LITTLE VISUALIZATION OF WHAT THAT LOOKS LIKE.
YOU CAN SEE HERE THAT MOST OF THE SITE IS ALLY WITH JUST A SMALL PORTION AS SF TWO.
AND HERE'S THE FLUM THE PHLEGM IS ENTIRELY INDUSTRY TODAY.
UM, AND WE ARE ASKING FOR MAJOR PLAN DEVELOPMENT.
I THINK THE CITY DEFINITION HERE IS ACTUALLY PRETTY, PRETTY GREAT AND PRETTY ACCURATE FOR THIS PROJECT.
SO I DID WANT TO POINT IT OUT SAYING THAT MASTER PLAN DEVELOPMENTS INCORPORATE A WIDE VARIETY OF LAND USES, INCLUDING, BUT NOT LIMITED TO SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL COMMERCIAL, AND CLEAN INDUSTRIAL.
AND THAT'S, THAT'S REALLY, UM, EXACTLY WHAT WE'RE PROPOSING HERE.
UM, AS THE SITE IS OWNED TODAY, IT CAN INCLUDE SINGLE FAMILY HOMES ON THAT SMALLEST OF TWO PORTION, UM, ALONG 180 3 AND THEN INTERIOR TO THE SITE, IT CAN CURRENTLY INCLUDE ALL THE INDUSTRIAL USES, INCLUDING THE HEAVY ONES LIKE RESOURCE EXTRACTION, RECYCLING CENTER, BASIC INDUSTRY, AND GENERAL WAREHOUSING AND DISTRIBUTION.
UM, WHAT WE'RE PROPOSING THROUGH THIS PDA IS TO PREPARE FOR THOSE, UH, THOSE HEAVY USES AND INSTEAD CREATE A MIXED USE HUB.
THAT INCLUDES MULTI-FAMILY OFFICE RETAIL RESTAURANT IN CLEAN INDUSTRIAL, WHICH IS WHAT'S NEEDED FOR MANY OF THE ARTISTS AND CREATIVES THAT WE'RE ENVISIONING ON THE SITE TO MAKE THINGS LIKE CERAMICS, FURNITURE, JEWELRY, AND OTHER ITEMS THAT SOMETIMES REQUIRE SOME LARGER EQUIPMENT.
ADDITIONALLY, LIKE I MENTIONED BEFORE, WE'VE BEEN WORKING WITH THE PARKS DEPARTMENT ON A TRAILHEAD TO MAKE A CONNECTION TO THE WALNUT CREEK TRAIL.
AND WE'VE ALSO BEEN WORKING WITH CAP METRO ON THE LOCATION OF THAT FUTURE GREEN LINE STATION IN THE HOPES THAT WE WILL HAVE MULTIPLE CONNECTIONS FOR PEOPLE TO GET IN AND OUT OF THE SITE IN AS MANY WAYS AS THEY WOULD LIKE.
UM, THE CENTRAL AUSTIN MANAGEMENT IS A LOCAL DEVELOPER WHO CREATES PLACES FOR CREATIVES AND ARTISTS AND HOLDS ONTO THEM CONTINUING TO OWN AND OPERATE AND MANAGE THEM, UM, INTO THE FUTURE.
TWO VERY WELL-KNOWN PROJECTS AROUND TOWN THAT I'VE TALKED WITH, A FEW OF YOU ABOUT OUR SPRINGDALE GENERAL AND CANOPY.
UM, THESE ARE HIGHLY RESPECTED DEVELOPMENTS DEDICATED TO AUSTIN'S CREATIVES, AND THIS PROJECT IS INTENDED TO BE SIMILAR TO THOSE PROJECTS, BUT MORE EXPANSIVE, INCLUDING THE RESIDENTIAL COMPONENT, UM, SO THAT PEOPLE CAN NOT JUST, UM, WORK AND EAT AND SHOP, BUT ALSO LIVE ON THE SITE WHERE ALL OF THESE USES ARE LOCATED.
UM, LIKE HEATHER SAID, UH, PDAS USED TO CHANGE SITE DEVELOPMENT STANDARDS, UM, BEGINNING WITH ALLY AS SORT OF THE STARTING POINT.
UM, WHAT WE ARE REQUESTING IS TO ADD RESIDENTIAL USES AND THE BREWERY USE WITHIN, UM, WITH A 50 FOOT SETBACK FROM ANY RESIDENTIAL, NOT JUST SINGLE FAMILY, UM, BREWERY OVER 5,000 SQUARE FEET IS CONSIDERED A, UM, IS CONSIDERED A, I FORGOT, UH, A, UM, LIMITED INDUSTRY, I'M SORRY, LIMITED MANUFACTURING.
AND SO THAT IS WHY WE NEED THAT USE, UM, SO THAT WE CAN DO A BREWERY OVER 5,000 SQUARE FEET.
UM, WE ARE KEEPING OTHER LA USES SUCH AS CUSTOM MANUFACTURING, LIGHT MANUFACTURING,
[02:20:01]
LIMITED WAREHOUSING AND DISTRIBUTION.AND WE ARE OKAY WITH THE STAFF'S RECOMMENDED 200 FOOT BUFFER ON THE, UM, LIMITED WAREHOUSING AND DISTRIBUTION.
UM, WE ARE ALSO ASKING, AS HEATHER SAID TO INCREASE THE HEIGHT TO 275 FEET, PARTICULARLY ON THE WESTERN PORTION OF THE SITE, WE CAN AGREE TO THE ONE 20 ON THE EASTERN PART, BUT THAT ADDITIONAL HEIGHT AND THE SQUARE FOOTAGE THAT IT PROVIDES IS CRUCIAL TO THE VIABILITY OF THE PROJECT OVERALL, AND BEING ABLE TO SUPPORT THOSE CREATIVE, UM, INDUSTRIAL USES, UM, FOR ARTISTS ON A, ON A LARGE PORTION OF THE SITE.
UM, THE FAR WE ARE ASKING FOR IS TWO TO ONE, AND WE ARE ASKING FOR A 50% PARKING REDUCTION.
UM, WE ARE IN AGREEMENT WITH STAFF ON MOST THINGS, BUT AS I SAID, THERE ARE A COUPLE THAT WE DO NOT QUITE AGREE ON.
STAFF IS RECOMMENDING THE ONE 20 ACROSS THE ENTIRE SITE IN HEIGHT.
UM, BUT WE, UM, YOU KNOW, THIS IS CONSISTENT WITH WHAT WAS APPROVED TO THE NORTH OF OUR SITE SPECIFICALLY IS CONSISTENT ALONG THE 180 3 FRONTAGE.
UM, AND IT IS CRUCIAL TO THE OVERALL VISION.
AND WE ALSO NEED THAT LIGHT MANUFACTURING USE, UM, BOTH FOR THE BREWERY OVER 5,000 SQUARE FEET, AS WELL AS FOR MANY OF THE ARTISTS THAT WILL BE USING THE STUDIO SPACES ARE YOU CAN SEE A MAP TO HELP VISUALIZE WHERE THAT HEIGHT WAS APPROVED ON THE PRIOR ZONING CASE, UM, AND WHERE WE ARE ASKING FOR IT.
AND THEN YOU CAN ALSO SEE HOW THAT ONE 20 COMES AROUND THE EASTERN SIDE AND WHERE WE WOULD BE AMENABLE TO 120 FEET OF HEIGHT.
UM, HERE, HERE ARE THE DEFINITIONS OF THESE DIFFERENT INDUSTRIAL USES THAT WE'RE REQUESTING.
UM, I THINK IT SHOWS THAT LIGHT MANUFACTURING IS REALLY NOT IN PARTICULARLY INTENSIVE USE.
AND YOU CAN SEE HOW THAT MANUFACTURING, UM, THAT WAS FROM PRE FROM PR.
IT SAYS SPECIFICALLY IN THE DEFINITION FROM PREDOMINANTLY, UM, PREVIOUSLY PREPARED MATERIALS IS COMPATIBLE WITH THE OTHER USES THAT WE'RE PROPOSING FOR THE SITE AND IS NEEDED FOR THE BREWERY THAT WE'RE WORKING TOWARD.
UM, WE HAVE BEEN WORKING VERY CLOSELY WITH THE NEIGHBORS FOR A LONG TIME.
UM, AND WE HAVE THREE, WE HAVE VOLUNTARILY COMMITTED TO THREE SORT OF BUCKETS OF, OF RESTRICTIVE COVENANTS THAT I DO WANT TO LET YOU KNOW ABOUT, UM, RELATED TO AFFORDABLE HOUSING AND TENANT PROTECTIONS, UM, AFFORDABLE CREATIVE SPACE AND WORKER PROTECTIONS.
AND TO BE CLEAR, THOSE WOULD BE TENANT PROTECTIONS FOR TENANTS GOING FORWARD.
THERE ARE NOT ANY TENANTS ON THE SITE TODAY.
UM, SO FOR THE AFFORDABLE HOUSING, UM, WE HAVE COMMITTED TO 10% OF THE UNITS AT 60% MFI.
AND THEN WE HAVE ALSO AGREED TO ADD THE ELISA DENIM TO ANY LEASE THAT MIMICS THE LEASE THAT LIVE, THAT CITY SUPPORTED PROJECTS USE THAT PROTECTS TENANTS FROM OVERLY RESTRICTIVE REQUIREMENTS LIKE OWNER ENTRY AND THINGS LIKE THAT, UM, THAT, UH, AGREEMENT IS WITH HABITAT FOR HUMANITY.
UM, THIS IS MAYBE THE ONE I'M THE MOST EXCITED ABOUT THIS IS AN AFFORDABLE CREATIVE SPACE, RESTRICTIVE COVENANT THAT WE HAVE AGREED TO WITH, UH, AUSTIN CREATIVE ALLIANCE.
THIS WOULD ALLOW UP TO 10,000 SQUARE FEET OF CREATIVE COMMERCIAL SPACE TO BE SET ASIDE AS AFFORDABLE.
UH, I THINK THIS IS SOMETHING THAT WE'VE BEEN TALKING ABOUT AS A CITY FOR A LONG TIME AND KIND OF HAD A HARD TIME FIGURING OUT A TEMPLATE FOR HOW TO MAKE IT WORK.
AND I THINK WE MAY HAVE, HAVE FIGURED IT OUT HERE WITH THIS, WITH THIS, UM, COVENANT, NOT ONLY INCLUDING THE 60% OF MARKET RENT AND THE PROJECT, BUT ALSO COMING UP WITH A MARKETING PLAN TO MAKE SURE WE GET THOSE SPACES IN FRONT OF THE FOLKS IN OUR COMMUNITY THAT REALLY NEED THEM.
AND THEN FINALLY, WE HAVE BEEN WORKING TOWARD A WORKER PROTECTION AGREEMENT.
AND SO MY REQUEST TO YOU AT THE END OF THIS PRESENTATION WILL BE THAT YOU MAKE THE RECOMMENDATION FOR US TO GO FORWARD AND ALLOW US THE TIME BEFORE WE GET TO COUNCIL TO COME TO AN AGREEMENT ON THIS, UM, ON THIS, UH, THESE SET OF REQUIREMENTS, UM, WE ARE NOT IN DISAGREEMENT ABOUT THE SUBSTANCE OF THESE REQUIREMENTS AT ALL.
WE ARE IN FULL AGREEMENT, UH, WHAT WE WERE TRYING TO FIGURE OUT AS A WAY TO, UM, ENSURE THEM AT THIS POINT IN THE PROJECT AND MAKE SURE THAT EVERYONE FEELS COMFORTABLE, THAT THEY WILL HAPPEN AT THE TIME THAT WE GO TO CONSTRUCTION.
UM, THIS IS JUST A FEW THINGS OFF THE, UM, THE EAST MLK, UM, NEIGHBORHOOD WEBSITE, WHICH I'M SURE IT'S A, SOME OF THE NEIGHBORS MAY TALK TO AS WELL, THAT I THINK ARE GREAT FEATURES, DARK SIDE, DARK SKY COMPLIANT.
LIKE I SAID, WE'VE BEEN WORKING WITH CAPITAL METRO AND WITH THE PARKS DEPARTMENT ON CONNECTIONS TO THE TRAIL, INTO THE FUTURE GREEN LINE.
UM, AND WE'VE COMMITTED TO AUSTIN SMART HOUSING AND ACTUALLY WELL IN ACCESS OF IT WITH 60% MFI AND THE 40 YEAR TERM, UM, AS WELL AS A, ONE-STAR AT LEAST A ONCE OUR US AND ENERGY GREEN BUILDING RATING.
UH, AND THEN, AND THEN I DO WANT TO POINT OUT THESE ARE THE TWO EAST MLK GOALS THAT WE THINK BEST FIT OUR PROJECT, PROMOTING A MIX OF LAND USES TO, UM, RESPECT AND ENHANCE THE EXISTING NEIGHBORHOOD AND ADDRESS COMPATIBILITY BETWEEN THESE DIFFERENT USES AND NEIGHBORHOOD PLAN GOAL FOR FACILITATING THE DEVELOPMENT OF A REGIONAL COMMERCIAL AND EMPLOYMENT CENTER ON 180 3.
UM, SO HERE WE HAVE JUST A, AN EARLY CONCEPTUAL LAYOUT, JUST SO YOU CAN KIND OF VISUALIZE, I THINK, WITH A VACANT LARGE VACANT LOT.
SOMETIMES IT'S HARD TO KIND OF SEE HOW THINGS WOULD LAY OUT.
UM, THIS IS, UM, THE PROJECT THAT IS, UH, THE SITES THAT ARE BEFORE YOU TODAY, AND YOU CAN SEE HOW WE WILL BE THEN CONNECTING TO THE RAIL CORRIDOR AS WELL AS TO THE TRAIL.
UM, AND WITH THAT, I WILL CLOSE AND MAKE MYSELF AND MY TEAM AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.
[02:25:01]
THANK YOU.I HAVE THE FOLLOWING REGISTERS, REGISTERED SPEAKERS, MR. JUSTIN GASH, THE REST OF OUR TEAM IS JUST AVAILABLE.
UH, MS. BEDROCK, IF YOU CAN LET ME KNOW IF A GEL GORE HAS ALSO SEEN ROBIN LEE, CASA ROSA, DARRYL KEURIG, DARRELL CLINIC, MIKE MARTINEZ CHAIR.
WE'LL NOW MOVE TO THE OPPOSITION BEGINNING WITH MS. ANGELA BENEVIDES GARZA, MS. SACK BENEVIDES GARZA.
HOLY COMMISSIONERS, THANK YOU FOR TAKING HIS TIME TONIGHT AND EVERYTHING YOU'RE DOING.
I WANT TO MAKE A POINT THAT WE HAVE FIVE CO-CHAIRS INCREDIBLE WOMEN AND EAST MLK CONTACT TEAM.
WE ARE ACTING ON BEHALF OF THE AREA, CAUSE IT HAS NO NEIGHBORHOOD ASSOCIATION.
AND THIS IS WHY WE'RE ACTING AS THAT.
THE REASON, THE BIGGEST REASON I WANT TO COMMEND ALL THE WORK THAT THE WOMEN HAVE BEEN DOING, INCLUDING LEAH, WE HAVE BEEN WORKING TIRELESSLY.
ALL THESE WOMEN HAVE COLLECTIVELY EVERY SINGLE DAY, SO THAT WE COULD COME UP FOR THE LAST SIX MONTHS WITH SOMETHING THAT DOES NOT EXIST RIGHT NOW IN AUSTIN, A PLAN THAT IS INCLUSIVE AND IT WOULD MAKE SENSE SHORT-TERM AND LONG-TERM, AND THE THING THAT ACTUALLY MADE US STOP HERE FOR A MINUTE, WHICH I'M KIND OF GLAD IT DID BECAUSE IT'S GOING TO GIVE US SOME TIME TO GET BACK TO THE TABLE IS THAT WE COULD NOT AGREE ON A WORKER'S PROTECTIONS.
AND WE DID UNITE ALL FIVE OF US ARE ALL OF US WHO VOTED THAT WE WANT IT TO HAVE BETTER BUILDERS PROGRAM TO BE INVOLVED HERE.
AND ESPECIALLY WITH EVERYTHING THAT WE HAD GOING ON DURING COVID AND YOU NAME IT, EXTRA THINGS THAT WERE HAPPENING, WE JUST, WE FELT COMFORTABLE THAT WE WANT TO KNOW THAT THIS INDEPENDENT MONITORS CAN BE THERE TO BE SURE THAT THESE WORKERS ARE BEING TREATED WELL AND MONITORS BEING MONITORED AS WELL.
AND JESSICA WILL BE SPEAKING MORE TO THAT TO EXPLAIN WHAT THAT IS.
SO THAT EVERYBODY'S CLEAR ON THAT.
NOW WE ARE, WE ARE STILL, WE'RE STILL DEFINITELY OPEN TO THE NEGOTIATIONS.
THERE WAS ALSO A FRAMEWORK OF GOODWILL, A FRAMEWORK OF GOODWILL BENEFITS TO THE COMMUNITY.
WE HAVE NOT FINISHED NEGOTIATED ON US AS WELL YET.
WE'RE STILL WORKING ON THOSE DETAILS, BUT WE HAVE GONE REALLY FAR.
WE'RE UP TO THIS POINT RIGHT NOW, BECAUSE OF SO MUCH WORK, THAT'S BEEN PUT INTO IT ALREADY WITH NEGOTIATIONS ALREADY, BUT WE JUST, WE NEED SOME MORE DETAILS TO CRANK OUT SO THEY CAN, WE CAN GET IT TO WHERE WE NEED IT.
THE OTHER THING THAT I WANTED TO BRING UP AS A, ONE OF THE THINGS THAT WE'RE HEARING AT ZONING POINT, THAT THEY CAN'T MAKE ENOUGH COMMITMENTS YET THIS PROJECT IS GOING TO PROGRESS TO A LARGE PROJECT.
AND I'M SAYING THIS, OH, WE'RE ALL WE'RE HEARING THIS FROM DEVELOPERS OVERALL OUT THERE.
THE THING IS THAT ONCE WE GIVE OUR ENTITLEMENTS AWAY, WE'VE GIVEN OUR ENTITLEMENTS AWAY AND THEN WE'RE NOT ABLE TO FURTHER NEGOTIATE LATER.
SO THAT'S WHY WE STARTED BECOMING A LITTLE BIT TOUGHER ABOUT THESE STAINS AND UNITED ABOUT THESE THINGS.
SO THAT THAT'S NO LONGER AN EXCUSE WHEN DEVELOPERS COME TO US AND SAY, WELL, WE CAN'T COMMIT TO THIS BECAUSE WE JUST DON'T KNOW WHAT THAT'S GOING TO LOOK LIKE.
WELL, THAT'S NOT GOING TO BE GOOD ENOUGH.
AND LUCKILY, LEE IS REALLY GREAT ABOUT THIS, BUT WE'RE HEARING THIS AS A CONSISTENT MESSAGING OUT THERE.
AND ONCE WE GIVE AWAY OUR ENTITLEMENTS TO OUR CITY WHERE THERE'S NO GOING BACK, THAT'S WHY WE GOT, WE HAD TO GET TOUGHER ABOUT THIS A LITTLE BIT.
I DO WANT TO SAY AGAIN, ALL THESE WOMEN HAVE BEEN WORKING REALLY, REALLY HARD OR ALMOST STAIR TO GET TO AN AGREEMENT WE'VE EVEN RECEIVED ADVICE, PROFESSIONAL ADVICE, WHENEVER WE NEED TO.
ALL THESE PEOPLE HAVE INCREDIBLE AS WELL, BECAUSE THIS IS SUCH A HUGE PROJECT RIGHT NOW.
WE WENT OUT THERE AND DID A SITE VISIT OURSELVES.
AND OUR WOMEN OF COURSE ARE INCREDIBLE.
CO-CHAIRS NOTICED SOME TRAFFIC CHALLENGES THAT ARE STARTING TO GET FIXED AS WELL.
WE TALKED TO THE OWNER, THAT'S THERE AS WELL.
WE WENT ABOVE AND BEYOND AND DID THAT.
AND WE FOUND OUT THAT ONE OF THE TRAFFIC CHALLENGES THAT IT COULD COST REC STAIR SO TOGETHER WHERE EVERYBODY'S COMING UP WITH A SOLUTION.
SO THERE'S NO PROBLEMS THERE LATER FOR THE PEOPLE THAT ARE THERE.
OVERALL, THE SPIRIT OF THE PROJECT IS GREAT.
THERE'S JUST SO SOME IMPROVEMENT THERE.
WE HAD ONE OF OUR, CO-CHAIRS SAY, WAIT A MINUTE, 80% MFI.
THAT'S NOT IN LINE WITH WHAT'S GOING ON IN AUSTIN, TEXAS ANYMORE.
WE GOT TO LOOK AT 60% OF THE FIRING RENTS OR OWNERSHIP THAT, THAT MIRRORS WHAT THAT AFFORDABILITY CAN ACTUALLY AFFORD AS WELL.
SO WE STARTED LOOKING AT THESE RESTRICTED COVENANTS A LITTLE BIT CLOSER.
IT'S BEEN A LOT OF DETAILS, A LOT OF WORK, BUT WELL WORTH IT BECAUSE WE'RE TRYING TO DOT AUDIT ALL THE I'S CROSS THE T'S.
AGAIN, IT'S BEEN INCREDIBLE AMOUNT OF WORK BY ALL THESE WOMEN, INCLUDING LEAH TOGETHER.
AND I JUST WANT TO SAY THAT POSITIVE.
AND ALSO WHEN WE'VE REACHED OUT TO THE CITY
[02:30:01]
OF AUSTIN, HELP US OUT THAT THAT WORK HAS BEEN AS WELL, BUT WE'RE DOING IT BECAUSE THERE'S NO NEIGHBORHOOD ASSOCIATION RIGHT THERE RIGHT NOW.WE'LL NOW HEAR FROM MS. ALEXANDRA ANDERSON.
I WANT TO FIRST SAY THANK YOU TO THE COMMISSION TONIGHT FOR YOUR PUSH FOR AFFORDABILITY AND COMMUNITY BENEFITS, AS WELL AS THE ACCOUNTABILITY FOR PROJECTS AND DEVELOPMENTS THAT ARE HAPPENING HERE IN AUSTIN.
MY NAME IS ALEXANDRA ANDERSON.
I'M ONE OF THE FIVE CO-CHAIRS FOR THE EAST MLK, UH, CONTACT TEAM.
AND I'M HERE TONIGHT TO SPEAK ON THE AFFORDABILITY PROCESS OF THIS CASE.
UM, I, UH, UM, MY PARTNER AND I HAVE A NONPROFIT, SO TO US, BEING ABLE TO ALLOW SPACE FOR CREATIVES, ARTISTS, MUSICIANS, UM, SMALL BUSINESSES AND NONPROFITS IS SUPER HUGE.
UM, ONE OF THE BIG BENEFITS AND A LOT OF THINGS THAT WE'RE MISSING AS FAR AS, ESPECIALLY ON THE EAST SIDE, WE'RE GETTING PUSHED OUT, UM, OR THE REGIME ROAD PROJECT WE DISCUSSED WITH LEAH EARLY ON THAT AFFORDABLE IS IMPORTANT.
UM, BUT IT'S NOT THE ONLY AFFORDABLE CRISIS THAT WE HAVE HERE IN AUSTIN.
WE NEED AFFORDABLE COMMERCIAL SPACE FOR OUR ARTISTS, MUSICIANS AND OTHER CREATIVES FOR THE PEOPLE OF COLOR, TO BE ABLE TO CONDUCT AND GROW THEIR BUSINESSES.
IT'S GREAT THAT THE DEVELOPER OF THIS PROJECT HAS INCLUDED 10,000 SQUARE FEET OR 5% OF THE TOTAL COMMERCIAL SPACE, UM, AT A RATE OF 60% FOR THE AVERAGE COMMERCIAL RENT.
OUR UNDERSTANDING FROM THE DEVELOPER AND D ONE OFFICE IS THAT THIS IS THE FIRST TIME PROJECT, PRIVATE AGREEMENT THAT IS GOING TO BE PUT IN PLACE.
HOWEVER, WE WANT MORE OF A CHALLENGE.
UM, WHAT MORE TO CHALLENGE MORE DEVELOPERS TO WORK WITH US AND HAVE MORE AFFORDABLE COMMERCIAL AND DEEPLY AFFORDABILITY IN FUTURE PROJECTS.
THERE ARE SOME PROJECTS IN, IN, IN OUR AREA THAT ARE WORKING WITH 30%, AS FAR AS AFFORDABILITY RANGING FROM 60 TO 80% MFI.
AND WE WOULD LOVE TO SEE 30%, UM, OF COMMERCIAL SPACE FOR THIS FUTURE PROJECT TO BE AFFORDABLE FOR ARTISTS.
UM, LIKE I SAID, MY ORGANIZATION, MY PARTNER, AND I HAVE WE DEAL, WE SEE ARTISTS, ARTISTS ARE BEING PUSHED OUT OF AUSTIN CONTINUOUSLY.
THEY'RE STARVING, THEY'RE LOOKING TO FIND WORK.
SO I APPLAUD THE DEVELOPER FOR BEING ABLE TO HAVE SPACE OR CREATIVES, BUT UNDERSTANDING WHERE AUSTIN IS MOVING.
AND YOU GUYS HAVE SAID IT TONIGHT, THAT 80% IS NOT A LOT.
AUSTIN IS GOING TO BE, IF WE'RE NOT ALREADY OVER A HUNDRED THOUSAND, AS FAR AS OUR, A MEDIUM FAMILY INCOME.
ARTISTS HERE ARE NOT MAKING $80,000.
AUSTIN IS A SERVICE INDUSTRY IS BUILT ON CREATIVES MUSICIANS.
WE SAW WHEN COVID HAPPENED, WHAT HAPPENED TO OUR RED RIVER DISTRICT.
SO FOR US, ESPECIALLY THOSE WHO ARE BIPAP ARTISTS HERE IN AUSTIN, WE ARE LOOKING TO HAVE A SPACE THAT'S MORE AFFORDABLE FOR THEM.
SO FOR US, WE'RE LOOKING TO PUSH TO HAVE IT BE 30% INSTEAD OF THE 5% OF THE COMMERCIAL SPACE VIEW AFFORDABLE.
WE'LL NOW HEAR FROM MS. JESSICA WOLF, MS. WOLF, YOU HAVE THREE MINUTES.
MY NAME IS JESSICA WOLF AND I'M THE DEPUTY DIRECTOR OF THE BETTER BUILDER AND POLICY DEPARTMENT AT WORKERS DEFENSE PROJECT.
UM, IF YOU'RE NOT FAMILIAR WITH WORKER'S DEFENSE, WE'RE A MEMBERSHIP-BASED ORGANIZATION THAT SUPPORTS TEXAS HAS LOW-INCOME CONSTRUCTION WORKERS, UM, AND IMPROVING THEIR LIVING AND WORKING CONDITIONS.
UM, WE'VE BEEN STANDING ALONGSIDE CONSTRUCTION WORKERS FOR NEARLY TWO DECADES NOW, AND WE'RE REALLY EXCITED TO WORK WITH THE EAST MLK CONTACT TEAM.
THIS IS THE FIRST CONTACT TEAM THAT HAS COMMITTED TO RAISING CONSTRUCTION WORKER STANDARDS IS ONE OF THE REQUIREMENTS OF THEIR SUPPORT.
AND IT, THEY'RE JUST A REALLY AMAZING GROUP OF WOMEN.
AND, UM, IT'S BEEN REALLY GREAT TO WORK WITH THEM.
UM, TEKLA TEXAS IS THE DEADLIEST STATE TO BE A CONSTRUCTION WORKER.
A CONSTRUCTION WORKER DIES EVERY THREE DAYS AND OUR STATE ONE IN FIVE CONSTRUCTION WORKERS IS A VICTIM OF WAGE THEFT IN OUR STATE.
UM, 50% REPORT NOT RECEIVING ANY OVERTIME AT ALL.
UM, MANY OF YOU HAVE MAYBE HEARD THAT, YOU KNOW, OUR STATE, WE'VE GOT THE TEXAS MIRACLE AND IT'S TRULY, UM, FOR MANY CONSTRUCTION WORKERS FOR MOST IS A NIGHTMARE.
UM, AND SO IN 2012, WE SAT DOWN WITH LOCAL CONSTRUCTION WORKERS AND WE CREATED THE BETTER BUILDER PROGRAM AND THIS REALLY AIMS
[02:35:01]
TO IMPROVE, UM, THE STANDARDS WITHIN THE CONSTRUCTION INDUSTRY AT SCALE.UM, AND SO REALLY THE MOST INTEGRAL STANDARD IS THE INDEPENDENT ONSITE MONITORING.
AND SO THIS MEANS INDEPENDENT OF THE CONSTRUCTION INDUSTRY AND THE PROJECT ITSELF.
SO THE WORKER CAN SAFELY REPORT ANY SORT OF POTENTIAL ISSUES THAT THEY'RE HAVING ON THE JOB SITE.
UM, SO WE'VE BEEN DOING THIS WORK FOR ALMOST 10 YEARS AND WE HAVE EXPERIENCE ACCREDITING PUBLIC AND PRIVATE ENTITIES MONITORING ENTITIES.
UM, AND IN OUR EXPERIENCE, REGARDLESS OF THE STANDARDS REQUIRED BY POLICY OR WHATEVER IT IS, YOU KNOW, IF THERE'S NOT SOMEONE ON THE GROUND, THAT'S HAVING CONVERSATIONS WITH WORKERS THAT THEY CAN TRUST THAT THEY KNOW ARE TRULY INDEPENDENT FROM THE PROJECT.
UM, YOU KNOW, IT'S REALLY JUST A PIECE OF PAPER.
UM, AND SO, YOU KNOW, WE ARE REALLY GRATEFUL FOR THE DEVELOPER'S COMMITMENT TO HIRE WORKER STANDARDS AND OTHER COMMUNITY BENEFITS.
FOR MONTHS, WE'VE BEEN WORKING WITH THE CONTACT TEAM TO ENSURE THAT THIS PROJECT IS BETTER BUILDER CERTIFIED.
UM, HOWEVER, THE DEVELOPER IS CURRENTLY NOT WILLING TO COMPLY WITH THE STANDARD RELATED TO MONITORING, WHICH AS I MENTIONED IS REALLY THE MOST CRITICAL PIECE.
UM, AND SO, YOU KNOW, I THINK FOR US, THE WAY THAT WORKS IS IF YOU'RE COMMITTING TO THE BETTER BUILDER PROGRAM, YOU'RE AGREEING TO WORK WITH AN ACCREDITED, INDEPENDENT, BETTER BUILDER MONITOR, WHICH WORKERS, THE FENCE PROJECTS, ACCREDITS TRAINS, AND DOES OVERSIGHT OVER THESE MONITORS.
SO WORKER'S DEFENSE DOES NOT DO THE MONITORING.
THERE ARE OTHER ENTITIES THAT ARE DOING THE MONITORING.
UM, SO WE'RE NOT TRYING TO TIE THE DEVELOPER TO A SPECIFIC ENTITY SPECIFICALLY, BUT WE DO WANT TO ENSURE THAT IT IS TRULY INDEPENDENT, UM, AND THAT THEY ARE ACCREDITED.
IF YOU ARE GOING TO COMMIT TO THE BETTER BUILDER PROGRAM, THIS IS, THIS IS PART OF IT.
UM, SO, SO YEAH, UM, WE CAN'T BEND THE RULES FOR, FOR ONE DEVELOPER IN PARTICULAR.
UM, SO, YOU KNOW, WE JUST, THIS REALLY GOES AGAINST THE MISSION OF OUR PROGRAM AND, UM, REALLY APPRECIATE YOUR TIME.
HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.
WE'LL NOW HEAR FROM THE APPLICANT FOR REBUTTAL.
I HAVE A MEMBER PRESENT WHO WOULD LIKE TO SPEAK, UH, MS. NADIA, BARBEAU YOU HAVE THREE MINUTES THANK YOU, COMMISSIONERS.
MY NAME IS NADIA BARBEAU, I'M A CO-CHAIR ON THE EAST MLK CONTACT TEAM.
UM, A LOT HINGES ON THE ORGANIZATIONS AND INSTITUTIONS THAT ARE EMBEDDED IN AND SERVING THE COMMUNITY.
UM, THE, AND BY THAT, I MEAN THE BILL BETTER BUILDER PROGRAM AND THE WORKERS DEFENSE PROJECT, THE POLICIES IN THIS PLEDGE HAVE BEEN PRIORITIZED BY CONSTRUCTION WORKERS THEMSELVES.
UM, IT'S, IT'S NOT A FACT THAT THE APPLICANT CANNOT SIGN TO ENSURE THESE PROTECTIONS.
IT'S A CHOICE THEY'RE MAKING, AND WE'VE BEEN CONSISTENTLY ENCOURAGING THEM THROUGHOUT OUR CONVERSATIONS THAT THEY COMMIT TO THIS INDEPENDENT MONITOR.
UM, AND WE'RE UNIFIED IN THE EASTERN WALL MLK CONTACT TEAM, UM, AGAINST THE PROJECT, UM, IN LIEU OF HAVING THAT INDEPENDENT MONITOR, UM, COMMITMENT, UM, THIS INSTITUTION AND MANY INSTITUTIONS ARE CREATED BECAUSE OF GAPS OF SOME KIND, AND THIS INSTITUTION IS CREATED TO ENSURE THAT THE COMMUNITY IS PROTECTED AND THAT'S WHY WE'VE, UM, WE SUPPORT IT BECAUSE WE REPRESENT THE COMMUNITY AND WE'VE HEARD THAT, UM, THIS IS A VERY REAL CONCERN THAT NEEDS TO BE ADDRESSED.
UM, I ALSO WANT TO TOUCH ON THE COMMUNITY BENEFITS FRAMEWORK, UM, WHICH WE SENT TO THE DEVELOPER, UM, THAT TOUCHES ON, UM, A VARIETY OF THINGS THAT ARE CUSTOMIZED TO THE NEEDS OF THE EAST SMALL K CONTACT TEAM, AREA PLANNING AREA.
UM, MANY OF THE NEIGHBORS IN OUR AREA REPEATEDLY ASKED ALL OF THIS MONEY KEEPS FLOWING INTO AUSTIN, BUT THE PEOPLE WHO HAVE BEEN HERE THE LONGEST, THOSE WHO ARE IN HOSPITALITY, CREATIVES, AREN'T MUSIC, UM, SOME OF WHAT ALEX TOUCHED ON EARLIER, UM, WHAT DO THEY GET OUT OF THIS DEVELOPMENT? UM, AND THE COMMUNITY BENEFITS PACKAGE THAT WE OFFERED, UM, RECEIVED NO RISK OR, UM, NO COUNTER, AND NONE OF THOSE THINGS ARE GOING TO BE INCLUDED IN THIS PROJECT.
UM, AND WE INCLUDED BOTH SHORT-TERM AND LONG-TERM BENEFIT IDEAS.
UM, SO THOSE ARE SOME OF OUR CONCERNS.
UM, WE ARE EXCITED ABOUT THE, UM, COMER, UH, AFFORDABLE COMMERCIAL, UM, AND, UM, WE DID WORK ON A LOT OF, KIND OF BACK AND FORTH, AND WE'RE GRATEFUL FOR THAT WITH THE APPLICANT.
THANK YOU, JOE NELLA, HEAR FROM THE APPLICANT FOR THREE MINUTE REBUTTAL UH, COMMISSIONERS.
I WILL JUST SAY, UM, TO BE QUICK, THAT WE ARE PLEASED TO HAVE WORKED WITH THE NEIGHBORHOOD FOR THESE MANY MONTHS, WE ARE PLEASED THAT THEY ARE HAPPY WITH THE PROJECT ITSELF.
[02:40:01]
THE, THE THREE SORT OF BUCKETS OF THINGS WE TALKED ABOUT SPECIFICALLY THE AFFORDABLE HOUSING AND TENANT PROTECTIONS, UM, THE AFFORDABLE CREATIVE SPACE.AND, UM, I, UH, I THINK WE CAN GET THERE ON THE WORKER PROTECTIONS.
IT IS NOT A DISAGREEMENT ABOUT THE PROTECTIONS THEMSELVES, UM, INCLUDING THE MONITORING.
IT IS, UM, IT IS REALLY MORE OF A LOGISTICAL ISSUE THAN IF I THINK IF WE CAN GET ONTO COUNCIL, WE CAN, UM, ANSWER THOSE QUESTIONS BY THE TIME WE GET TO THAT POINT IN THE PROCESS.
THAT CONCLUDES THE SPEAKERS BEFORE THE PUBLIC HEARING.
MOVING THIS ALONG, UH, CLOSING THE PUBLIC HEARING.
DO I HAVE ANY OTHER, OH, GO AHEAD.
CLOSE THE PUBLIC HEARING, HAVE A SCHNEIDER SECOND BY COMMISSIONER DESIRE.
THIS ONE, BUT I WAS HEARING THOSE ON SCREEN.
UH, UH, SO REMEMBER, WE'VE GOT, UH, FIVE QUESTIONS, THREE MINUTES EACH WHO WANTS TO GO FIRST? OKAY.
UH, COMMISSIONER IS OUR, I AM REALIZING I ASKED THE QUESTIONS FIRST LAST TIME.
IS THERE ANYONE ELSE, IF NOT, UM, MS. WOLF, I, UH, I THINK YOU WERE GOING TO FINISH SOME OF YOUR THOUGHTS AROUND THE BETTER BUILDER PROGRAM AND THE STANDARDS THAT IT PROVIDES AND WHAT KIND OF COMMITMENTS DOES THAT INCLUDE? CAN YOU PLEASE COMPLETE THAT THOUGHT? UM, SO IN TERMS OF THE STANDARDS THEMSELVES, UM, I THINK, YOU KNOW, REALLY THE KEY PIECE IS THAT INDEPENDENT ONSITE MONITORING.
AND, UM, YOU KNOW, I THINK THAT WHAT IS BEING TALKED ABOUT IS WE DON'T WANT TO CHOOSE A MONITOR JUST YET BECAUSE THERE'S CONSTRUCTION IS NOT GOING TO START FOR TWO YEARS.
UM, AND WE'RE SAYING THAT'S THAT'S OKAY, BUT WE STILL NEED YOU TO COMMIT WHAT THE COMMUNITY AND WHAT THE NEIGHBORHOOD CONTACT TEAM IS SAYING IS THAT'S OKAY.
EVEN THOUGH THAT'S ACTUALLY VERY UNUSUAL, UH, WITHIN OUR PROGRAM, THAT'S ACTUALLY A COMPROMISE ON OUR PART.
UM, WE GENERALLY GET A DEVELOPER TO COMMIT TO A PLEDGE WITH WORKERS DEFENSE, AND THEN, UM, COMMIT TO A MONITOR OR CREDIT MONITOR THAT THEY'RE GOING TO BE USING AND SIGN AN AGREEMENT WITH THEM.
UM, BUT BECAUSE WE UNDERSTAND THE CIRCUMSTANCE WE'RE, WE'RE WILLING TO, TO JUST HAVE THEM SIGN A PLEDGE, WHICH THEN COMMITS THEM TO WORK WITH AN ACCREDITED MONITOR IN TIME.
SO, AND I CAN TALK ABOUT THE ACTUAL STANDARDS THEMSELVES, IF YOU WANT ME TO LIST THOSE OUT AS WELL.
ASK YOU TO HOLD ON FOR A SECOND.
UH, MS. BOSURE CAN YOU PLEASE TELL ME, ARE, ARE TRYING TO UNDERSTAND WHAT IS THAT YOU'RE COMMITTING AT THIS MOMENT, IN TERMS OF LABOR STANDARDS? ARE YOU COMMITTING TO THE INDEPENDENT MONITORING? YES, WE, UM, WE MADE ONE ATTEMPT AT A COVENANT, UH, THAT WOULD, UM, THAT LISTED ALL OF THE BETTER BUILDERS STANDARDS, INCLUDING THE MONITORING.
AND IT SAID THAT BASICALLY AT THE TIME THAT WE GET TO CONSTRUCT, BY THE TIME WE GET TO CONSTRUCTION, WE WOULD HAVE TO HAVE ALL OF THOSE THINGS IN PLACE WITH SOME GROUP COULD BE WORKER'S DEFENSE COULD BE ANOTHER, ANOTHER PROGRAM IF ONE EXISTS AT THAT TIME.
UM, WE, WE UNDERSTAND THAT THAT RESTRICTIVE COVENANT IN THAT ENFORCING BODY WAS NOT, UM, WAS NOT PREFERRED.
AND SO WE HAVE BEEN WORKING TO COME UP WITH ANOTHER WAY TO GET THAT, UM, AGREEMENT IN PLACE OR GET THAT ASSURANCE IN PLACE.
UM, WE'VE EVEN HAD A LOT OF CONVERSATIONS JUST IN THE LAST DAY OR TWO ABOUT THAT.
AND I FEEL CONFIDENT THAT WE WILL GET DONE THAT.
UM, WE DID RD AGREED ONE MONTH POSTPONEMENT.
SO I WOULD, FOR THAT REASON ASK THAT WE BE ABLE TO, YOU KNOW, WE'RE NOT GOING TO BE ABLE TO GO THROUGH CITY COUNCIL WITHOUT ANSWERING THESE QUESTIONS.
SO, UM, I THINK I CAN ASSURE YOU THAT WE WILL BE ABLE TO ANSWER THOSE QUESTIONS AND THAT WE ARE NOT CHALLENGING THE PARTICULARS OF THE PROGRAM, UM, IS REALLY MORE OF A LOGISTICAL ISSUE.
UM, SO JUST SO I GET THIS RIGHT, I'M UNDERSTANDING THIS CORRECTLY.
WHAT I'M HEARING IS THAT YOU'RE WILLING TO AGREE TO AN INDEPENDENT ONSITE MONITOR.
AND THE ONLY ISSUE THAT REMAINS ESSENTIALLY HOW THAT AGREEMENT GETS MEMORIALIZED, BUT YOU'RE AGREEING TO SORT OF THE IDEA OF IT AS IT GOES THROUGH THAT'S RIGHT.
USUALLY I THINK, UM, WITH PROJECTS THAT ARE LIKE ONE BUILDING, FOR EXAMPLE, UM, ONCE YOU GET YOUR ENTITLEMENTS, YOU'RE WORKING THROUGH SITE PLANNING, YOU'RE MUCH CLOSER TO THE POINT WHERE YOU HAVE A CONTRACTOR ON BOARD AND YOU'RE GETTING THROUGH THOSE SORTS OF LOGISTICS.
UM, THIS PROJECT IS DIFFERENT THAN THAT.
THESE ARE NOT, WE ARE WORKING THROUGH A LAND PLANNING PROCESS.
WE ARE WORKING THROUGH ENTITLEMENTS.
WE ARE, WE ARE, WE ARE QUITE A BIT FURTHER AWAY A PHASING OF HOW THOSE DEVELOPMENTS ARE GOING TO GO GETTING PARTNERS ON BOARD, FOR EXAMPLE, FOR MULTI-FAMILY AND THINGS LIKE THAT.
AND SO WE ARE JUST TRYING TO FIGURE OUT HOW TO PROVIDE THE ASSURANCE AT THIS POINT, KNOWING THAT WE HAVE A LONG WAY TO GO BEFORE WE'RE ACTUALLY AT THAT STAGE OF THE, OF THE DEVELOPMENT.
LET'S KEEP THIS THING MOVING, UH, COMMISSIONER SHEA THREE MINUTES.
SO I HAVE A QUESTION FOR THE LAST
[02:45:01]
SPEAKER ON THE OPPOSITION, THE LADY IN THE BLUE.SO YOU MENTIONED THAT THERE WAS A LIST OF COMMUNITY BENEFITS THAT YOU GUYS WERE LOOKING AT, AND I'M TRYING TO, I MEAN, I'D LIKE TO KNOW WHAT THEY WERE, AND YOU SAID THAT, THAT DID THEY PRETTY MUCH, IT WAS NOT A RESPONSE TO THAT.
I DIDN'T KNOW HOW TO PHRASE THAT THERE, THEY JUST SAID, NO, THEY'RE NOT INTERESTED IN THE, IN THE COMMUNITY BENEFITS THAT WE PROPOSE.
AND SO CAN YOU TELL US WHAT THEY ARE AND TELL US WHO, UH, WHICH GROUP IS WANTING THAT AND WHO YOU REPRESENT THAT, THAT IS REQUESTING THIS COMMUNITY BENEFIT? SURE.
UM, WE, WE SPLIT IT INTO A COUPLE OF DIFFERENT CATEGORIES.
UM, SINCE WE'RE IN, IN THE, UH, PLANNING AREA, LIKE WE KNOW OF LOTS OF DIFFERENT NEEDS.
SO WE, WE FOCUSED ON LOCAL SCHOOLS AND CHILDREN'S ACADEMIC ENRICHMENT PROGRAMS LIKE THE AISD, UH, TITLE ONE SCHOOLS IN THE AREA, UH, THE NONPROFITS WITH ACADEMIC PROGRAMMING, INCLUDING CHILD INC.
UM, THERE'S A HEALTHCARE CENTER AND WORKFORCE DEVELOPMENT, UH, GROUP THAT'S WITHIN THE BOUNDARIES IN THE SAME ZIP CODE AS THIS PROJECT PROJECT.
UM, THERE'S THE TYPICAL, IT WAS REFERENCED BEFORE TYPICAL HOUSING NON-PROFITS CONTRIBUTION WHEN THE AMOUNT OF AFFORDABLE HOUSING IS A LITTLE BIT LOW, UM, WHICH IS OUR OPINION IN THIS ONE.
SO WE HAVE SOME OF THOSE, UM, THAT WE PROPOSED.
UM, WE ACKNOWLEDGED THAT WORKER PROTECTIONS COULD BE PROBABLY SEEN AS A COMMUNITY BENEFIT.
AND THEN ALSO WE PROPOSE THAT, UM, SOME OFFICE SPACE BE AVAILABLE TO THE CONTACT TEAM AND A SMALL BUDGET BE SET UP TO CREATE A NEW NEIGHBORHOOD ASSOCIATION SINCE THERE'S NOT ONE IN THIS AREA.
UM, I HAVE A QUESTION FOR, UM, MS.
SO 60, AND WE'RE TALKING, GOING UP TO ONE 20 TO TWO 70 OR SOMETHING LIKE THAT.
SO I GUESS TO ME, I MEAN, SORT OF LIKE SOMEONE ON THE OTHER CASE, I MEAN THIS BIG, HUGE ENTITLEMENT OF ADDITIONAL HEIGHT AND DENSITY, RIGHT.
AND I'M LOOKING AT THIS, I'M LIKE, WELL, WHAT ARE WE GETTING OUT OF IT? YOU KNOW, LIKE, LIKE WHAT IS THE TRADE-OFF? AND, YOU KNOW, I, I STILL KIND OF, I DON'T KNOW IF I'M CONVINCED THAT, THAT HUGE AMOUNT GOING FROM THE 60 TO 270 FEET OR TO 120, I MEAN, I'M TRYING TO GET AN UNDERSTANDING AND, AND TO SEE, YOU KNOW, WHAT BENEFITS IS THE COMMUNITY GETTING AND IS, IS THAT, IS THAT THE RIGHT BALANCE? YOU KNOW? AND, UM, SO, AND IF YOU COULD SPEAK TO THAT AND MAYBE OTHER THINGS THAT THE COMMUNITY HAD BROUGHT UP ABOUT THIS BENEFITS.
UM, I WILL START BY SAYING, UM, THAT I THINK THE BENEFITS THAT THE COMMUNITY GETS IS THAT, UM, THIS IS NOT A, THIS IS NOT A COMMON KIND OF DEVELOPMENT DEVELOPMENT TO SEE WITH THESE CREATIVE SPACES FOCUSED ON ARTISTS AND MAKERS AND PEOPLE WHO CAN NOT NECESSARILY PAY THE HIGHEST RENTS IN ORDER TO RENT STUDIO SPACE TO DO, TO DO THESE, THESE KINDS OF THINGS.
UM, AND SO THE SQUARE FOOTAGE, YOU KNOW, WILL BE A MIX OF THAT KIND OF, DOES ANYBODY WANT TO CONTINUE THE QUESTION I'D LIKE TO CONTINUE? I'LL TAKE UP A QUESTIONNAIRE COMMITTED FOR ECONOMY.
THAT'S THE NEXT QUESTION? CONTINUE.
UH, SO, SO, YOU KNOW, PART OF THE REASON THAT WE NEED THAT SQUARE, THAT AMOUNT OF SQUARE FOOTAGE, UH, IS IN ORDER TO, UM, CREATE A HOLISTIC PROJECT THAT CAN SUPPORT ITSELF, WHICH MEANS HAVING CERTAIN USES LIKE OFFICE, UM, THAT ARE FRANKLY GOING TO BE SORT OF SUBSIDIZING OR PAYING FOR SOME OF THE OTHER USES THAT ARE LESS, UM, YOU KNOW, DEMAND, LOWER RENTS OR WHATEVER FOR THE CREATIVE SPACES AND THE ARTISTS, BECAUSE THAT'S THE VISION OF THE DEVELOPER.
AND AS YOU CAN SEE IN SOME OF THOSE OTHER DEVELOPMENTS, UM, YOU KNOW, THAT IS THE FOCUS AND THAT'S THE FEELING THAT THEY WANT THE, THE, THE PROJECT TO HAVE.
AND SO THAT MEANS HAVING SQUARE FOOTAGE THAT CAN SUPPORT OTHER KINDS OF SQUARE FOOTAGE.
UM, JUST TO, UM, BUILD UP ON THAT, IS THERE A POSSIBILITY, UH, I'M JUST TRYING TO UNDERSTAND THE PROCESS, UM, WHERE THESE SORT OF COMMUNITY BENEFITS WERE PROPOSED AND, UM, THERE WAS, WAS THERE A COUNTER OFFER MADE SPECIFICALLY WITH REGARDS TO THE LIST OF COMMUNITY BENEFITS, UM, ASKED FOR OR NOT? SO WE ARE, UM, WE'RE ASKING FOR AS A PDA, WHICH IS NOT A PUD, UM, IN A PUD, UH, YOU KNOW, YOU KIND OF WRITING YOUR OWN RULES AND YOU KIND OF HAVE A SUPERIORITY REQUIREMENT AND THEREFORE THERE'S SORT OF AN OPEN CONVERSATION ABOUT A LOT OF COMMUNITY BENEFITS THAT CAN BE PRETTY BROAD, UM, FOR THIS PDA.
I THINK WE FEEL LIKE IT'S IMPORTANT THAT WE DO THINGS ON THE SITE, LIKE THE OFF OFFERING THE AFFORDABILITY AND THE TENANT PROTECTIONS FOR FUTURE TENANTS WHEN THAT MULTI-FAMILY COMPONENT IS BUILT OUT, LIKE OFFERING, UM, CREATIVE SPACE AT, AT AN AFFORDABLE RATE TO MAKE SURE THAT WE'RE INCLUSIVE OF OUR ENTIRE CREATIVE COMMUNITY.
UM, BUT, BUT, UM, MAKING DONATIONS TO ENTITIES OUTSIDE OF THE PROJECT, UM, DOES NOT FEEL LIKE, UM, THE SPIRIT OF WHAT A PDA IS AND WHAT THIS KIND OF DEVELOPMENT IS.
[02:50:01]
LIKE TO FOCUS OUR, OUR, UM, COMMUNITY BENEFITS ON, ON THE SITE AND HOW THE SITE IS.I MEAN, I KNOW THAT A LOT OF SUBSTANTIAL VALUE HAS ALREADY BEEN INCLUDED IN THIS PROJECT FOR THE AFFORDABLE UNITS, BOTH IN TERMS OF OFFICE SPACE AND HOUSING.
UM, HAS IT BEEN DISCUSSED TO HAVE SOME KIND OF A PREFERENTIAL POLICY AROUND RIGHT.
TO STAY, UM, OR PRIORITIZING, UH, NEIGHBORHOOD, UH, RESIDENTS IN NONPROFITS THAT HAVE HISTORIC TIES TO THE AREA? I'VE TALKED ABOUT THAT WITH THE COMMITTEE, WITH THE COMMERCIAL, UH, SORRY, THE CREATIVE, I MEAN, COMMERCIAL CREATIVE SPACE.
UM, WE HAVE TALKED ABOUT THAT AND PART OF THE MARKETING PLAN WOULD BE ADVERTISING TO, TO THAT KIND OF THOSE KINDS OF GROUPS.
UM, WE HAVEN'T TALKED ABOUT IT WITH THE AFFORDABLE HOUSING, BUT I DON'T SEE ANY REASON THAT WE COULDN'T TALK ABOUT, UM, THE SAME KIND OF THING, YOU KNOW, TO STAY WITHIN THEIR HOUSING.
YOU HAVE TO BE CAREFUL WITH THAT, BUT, YOU KNOW, ADVERTISING IT FIRST TO LOCAL, TO LOCAL GROUPS, I THINK OUTREACH PROGRAMS FOR SURE.
WE WERE, WE ARE, WE ARE SEEING, UM, UH, HOPING FOR, UM, SOME OVERLAP BETWEEN THE FOLKS WHO LIVE IN THE MULTI-FAMILY AND USE THE, THE CREATIVE SPACE AND GOTCHA.
AND WITH THE LAST LITTLE BIT OF TIME I HAVE, COULD I ASK A QUESTION TO SOMEONE FROM THE NEIGHBORHOOD CONTACT TEAM, PLEASE? I'M SURE.
IT CAN BE ANYONE FROM THE NEVER CONTACT TEAM.
DO YOU FEEL THAT, UM, IF YOU HAD, LET'S SAY AN EXTRA TWO WEEKS, UM, TO NEGOTIATE OR DISCUSS THIS CASE WITH THE APPLICANT, YOU WOULD BE ABLE TO ARRIVE AT SOME PLACE OF MUTUAL UNDERSTANDING OR AGREEMENT, UM, THAT IS DIFFERENT FROM WHERE YOU ARE RIGHT NOW.
DO YOU THINK THAT THAT EXTRA TIME WOULD HELP THE NEIGHBORHOOD? UM, YES, I WOULD HOPE, LIKE I SAID, I SEE IT EVERY DAY WITH THE ARTIST AND THE WAY THAT THEY'RE STRUGGLING.
AND SO 5%, 5% IS NOTHING FOR THEM.
I'VE SEEN FRIENDS HAVE TO MOVE OUT TO CLOSE DOWN THEIR BUSINESSES.
SO WE JUST WANT TO BE ABLE TO MAKE SURE THAT WE ARE DOING OUR BEST AS A NEIGHBORHOOD TO SUPPORT THESE PEOPLE.
DO YOU FEEL LIKE THE PROJECT IS GETTING SORT OF VERY CLOSE TO A PLACE WHERE YOU, I DO.
WE WANT THE BENEFITS FOR THE WORKERS.
WE WANT TO BE ABLE TO MAKE SURE THAT EVERYONE IS TAKEN CARE OF BECAUSE IT'S SOMETHING AND WE APPLAUD THEM FOR EVEN DOING THE 60%.
UM, I'VE BEEN SAYING IT FOR A MONTH BECAUSE THE MUSCLE PART IN THE KNEE, UM, MLK NEIGHBORHOOD ASSOCIATION, I HAVEN'T SEEN IT FRONT MONTHS.
80% HERE IN AUSTIN IS NOTHING UNDERSTOOD.
AND THE WHOLE BUYBACK TO GET PEOPLE TO COME BACK.
PEOPLE ARE ESTABLISHING HOMES, COMMUNITIES OUTSIDE OF AUSTIN.
AND WHY WOULD THEY COME BACK TO AUSTIN IF AUSTIN IS NOT AFFORDABLE TO LIVE? IT'S NOT THINKING, THANK YOU FOR THAT.
AND WE'VE GOT THE FOURTH COMMISSIONER.
SO WE'RE, UM, WITH QUESTIONS GOT THREE MINUTES, UH, COMMISSIONER COPS, QUESTION FOR THE APPLICANT.
UM, THE 200 AND SEVENTY-FIVE FOOT REQUESTS UP AGAINST 180 3.
UM, IS THAT FOR LIKE A STACK OR A SILO FOR THE BREWERY THAT YOU'RE TALKING ABOUT OR ARE YOU ANTICIPATING LIKE AN, ACTUALLY LIKE A 27 FOOT TALL BUILDING ON THAT SPOT? I MEAN, 20, 20 STORY BUILDING ON THAT SPOT.
UM, I WILL LET OUR ARCHITECT HELP ME WITH THIS ANSWER, BUT I BELIEVE THAT, UM, IT WOULD NOT BE A 20 STORY BUILDING.
UM, I THINK IT WOULD BE CLOSER TO MAYBE A 15 STORY BUILDING AND ALSO BECAUSE OF THE TOPOGRAPHY ON THE SITE AND THE WAY THAT HEIGHT IS MEASURED FROM CORNER TO CORNER, UM, THE STEEPER PORTION OF THE SITE THERE IS GOING TO HAVE, UM, UH, A LITTLE BIT OF A DIFFERENT MEASUREMENT THAN, THAN JUST IF IT WERE A FLAT SITE.
UM, AND SO THE HEIGHT IS AFFECTED IN THAT WAY, ALL THAT JUSTIN ADD TO THAT.
I THINK WE DID A GOOD JOB SUMMARIZING THAT, BUT I THINK THE INTENT WOULD BE TO DEVELOP COMMERCIAL BUILDINGS AGAINST THE 180 3 CORRIDOR WHERE WE'RE SUPPORTING DENSITY ALONG THE CORRIDOR TO HELP SORT OF MAKE THE PROJECT MAKES SENSE FINANCIALLY AND DOING THAT IN A RESPONSIBLE WAY WHERE WE'RE ABLE TO KIND OF MITIGATE THE CHALLENGING TOPOGRAPHY ON THE SITE.
SO IT MAY END UP BEING A 10 TO 15 STORY BUILDING AT THE 275 FOOT HEIGHT LIMIT BECAUSE WE HAVE 50 PLUS FEET OF GRADE OF TOPOGRAPHY IN THAT AREA OF THE SITE.
SO, YOU KNOW, WHEN WE'RE LOOKING AT AVERAGE GRADE WHERE WE'RE IN SOME SENSE, GIVING UP, YOU KNOW, 25 TO 30 FEET OF SITE OF HEIGHT IN ORDER TO JUST MITIGATE AVERAGE GRADE.
AND THEN, UM, OR FOR MS. BOHO AGAIN, UM, I'LL JUST FOLLOW ON WITH COMMISSIONER COLONIES, UH, UH, CONNELLY'S QUESTION TO THE NEIGHBORHOOD, UH, YOU KNOW, YOU'RE VERY CONFIDENT THAT YOU'LL WORK OUT THE AGREEMENT ON THE WORKER PROTECTIONS
[02:55:01]
BEFORE GOING TO COUNCIL.IF, IF THIS COMMISSION WERE TO, UH, POSTPONE THIS CASE FOR TWO WEEKS, WOULD, WOULD THE APPLICANT BE INCLINED TO POTENTIALLY PROVIDE A COUNTER OFFER TO THE COMMUNITY BENEFITS, UM, THAT, THAT FOCUS ON, ON THIS PROPERTY RATHER THAN DONATING OUTSIDE GROUPS? UM, WE ARE CERTAINLY OPEN TO CONSENT CONSIDERING CONTINUING ALL OF THESE CONVERSATIONS AS WE MOVE ON TO COUNCIL, I, I WOULD PREFER NOT TO POSTPONE THE ITEM.
WE DID AGREE TO A POSTPONEMENT A MONTH AGO.
UM, AND WE ARE HOPING TO GET TO COUNCIL, UM, IN NOVEMBER AND WITH TIMELINES WITH THE CITY AND EVERYTHING.
ONCE YOU, YOU NEED, UM, MANY WEEKS BETWEEN COMMISSION AND COUNCIL HAVING AN ORDINANCE READY.
AND SO, UM, I WOULD ASK INSTEAD THAT YOU GIVE US DIRECTION ON THE THINGS YOU'D LIKE US TO WORK ON IN THESE PRIVATE AGREEMENTS, WE WILL CERTAINLY CONTINUE TO HAVE CONVERSATIONS.
WE WORK WITH THESE WOMEN ALL THE TIME.
YOU KNOW, WE ALL WORK TOGETHER A LOT AND I'M HAPPY TO CONSIDER THOSE CONVERSATIONS, BUT I WOULD RESPECTFULLY REQUEST, UM, IF POSSIBLE THAT THEY ARE ABLE TO MOVE FORWARD TO.
UM, AND LAST QUESTION REAL QUICK IS WE KNOW HOW THE MFI STUFF WORKS FOR RESIDENTIAL UNITS, AFFORDABLE RESIDENTIAL UNITS.
HOW DOES THAT WORK FOR THE COMMERCIAL AND THE CREATIVE SPACES THAT YOU'RE TALKING ABOUT? HOW DO YOU DETERMINE WHAT IS AFFORDABLE? THAT IS A GREAT QUESTION.
IT WAS SOMETHING WE SPENT A LOT OF TIME ON.
UM, AND I THINK THAT'S PART OF WHAT HAS MADE THIS, UM, DIFFICULT, LIKE WHILE THE CITY'S BEEN TALKING FOR A LONG TIME ABOUT WANTING TO DO SOMETHING LIKE THIS, WE'VE HAD A HARD TIME KIND OF FIGURING OUT HOW TO WRITE IT DOWN.
UM, CAUSE WE DON'T WANT IT TO JUST BE A RACE TO THE CHEAPEST UNITS AND YOU CAN'T JUST MEASURE SOMEONE'S INCOME, UH, BUSINESSES OR AN ORGANIZATION'S INCOME, THE WAY YOU CAN A PERSON'S.
UM, SO WHAT WE'VE COME UP WITH IS TWO, TWO SORT OF PIECES OF IT.
ONE OF THEM IS SETTING THE RATES AT 60% OF MARKET FOR THE REST OF THE PROJECT FOR 40 YEARS.
AND THEN THE OTHER COMPONENT IS AN ADVERTISING PLAN WORKING WITH AUSTIN CREATIVE ALLIANCE TO IDENTIFY GROUPS AND GET THESE SPACES IN FRONT OF THEM FIRST.
UM, SO THAT, YOU KNOW, WE KNOW THAT WE'RE PUTTING PEOPLE OR ORGANIZATIONS, UM, IN SPACES THAT NEED THEM, NOT JUST THE FIRST ONES TO HEAR ABOUT THEM.
WE GOT A ONE MORE SPOT FOR, UM, MISSIONERS WITH QUESTIONS.
UM, I'M LOOKING AROUND CONDITIONER, MITCH, TYLER, GO AHEAD.
AND IT SOUNDS LIKE YOU GUYS ARE REALLY CLOSE, SO I'M EXCITED ABOUT THIS.
UM, I DON'T KNOW IF WE CAN GET TO THIS ON THE, I APOLOGIZE IF THIS IS THE WRONG FORM, CAUSE I KNOW A LOT OF THIS WILL GO ON SITE PLANNING, BUT WE TALKED A LITTLE BIT ABOUT SOME OF THE INNER CONNECTABILITY OF THIS PROJECT.
SO I'M WONDERING IF WE CAN SPEAK A LITTLE BIT MORE, I DON'T KNOW WHETHER IT COMES FROM CITY STAFF OR FROM, UM, FROM THE APPLICANT ON, UM, PROTECTED BIKE LANES, UM, AND THE TRANSIT CORRIDORS AND SOME OF THE THINGS THAT'LL BE COMING IN PLACE.
HEATHER CHAFFIN, HOUSING PLANNING, THESE ARE THINGS TO BE TURNED AT TIME OF SITE PLAN, A PDA CAN'T REQUIRE THOSE KINDS OF ITEMS. THERE IS SOME INFORMATION IN THE TIA MEMO ABOUT WHAT THE TRAFFIC MITIGATIONS WOULD CONTRIBUTE TO AND IN SOME OF THE FUTURE IMPROVEMENTS.
YEAH, I WAS MEANING MORE WITHIN THE, WITHIN THE PROJECT ITSELF BECAUSE THIS IS YEAH.
AND THOSE ARE THINGS JUST TO BE CLEAR THAT REQUIRE WITH THE ZONING.
IF IT'S HELPFUL INFORMATION AND YOU WANT TO SPEAK TO IT.
I W I, I, WE DON'T HAVE THOSE DETAILS YET BECAUSE THEY ARE SITE PLAN ITEMS, BUT I CAN'T SAY FOR SURE THAT I'M MAKING LIKE A BIKEABLE AND PEDESTRIAN FRIENDLY PLACE HAS BEEN A PRIORITY FROM THE BEGINNING, CONNECTING TO THE WALNUT CREEK TRAIL HAS BEEN, UM, A PRIORITY FROM THE BEGINNING.
WE'VE BEEN WORKING WITH THE PARKS DEPARTMENT ON MAKING SURE THAT THAT TRAIL COMES THROUGH THE SITE AND CONNECTS TO WALNUT CREEK, KNOWING THAT WE WILL HAVE, UM, LOTS OF BIKES AND PEDS WITHIN THE DEVELOPMENT.
COMMISSIONERS WERE, UH, DONE WITH THE QUESTIONS.
UH, DO WE HAVE A MOTION AND, UH, PLEASE, UH, PLEASE, WE'RE TRYING TO INCLUDE BOTH ITEMS, B2 AND B3 ON THE, UH, YOU KNOW, THE MTA AND THE, UH, IN CASE.
SO PLEASE COMBINE THOSE IN YOUR MOTION AGAIN, COMMISSIONER SHEA.
AGAIN, A LOT OF THIS IS TO SEE WHERE IT'S GOING TO GO, JUST SO WE CAN GET, GET SOMETHING MOVING ALONG, UM, MAKE A MOTION TO APPROVE THE NPA, BUT FOR THE ZONING POSTPONED OR TWO WEEKS WHERE I FEEL LIKE WE'RE SO CLOSE.
UM, AND PART OF THIS IS TO SEE WHAT CAN COME OUT OF THIS, BUT THAT'S CAN NOT BE TWO SEPARATE MOTIONS.
TAKE IT, JUST TAKE THEM TOGETHER.
YOU GOT TO TAKE THEM TOGETHER.
I MEAN, IT'S A PRIVILEGE OF THE MPA AND POSTPONE.
UM, I GUESS, WELL, LET ME CHECK, UH, MR. RIVERA, IS IT COMMON TO, I DON'T KNOW IF I SPLIT IT THAT WAY BEFORE SEPARATED THE IN JOE COMMISSION, WHEN HE'S ON ANDREW WOULD PROBABLY BE BEST TO POSTPONE THE NPH
[03:00:01]
AS BEST RUNS AREN'T CASES.SO THE MOTION IS POSTPONED ON BOTH B2 AND B3.
DO WE HAVE A SECOND, UH, C COMMISSIONER, CRACK'S GOING TO SPEAK TO YOUR MOTION, MR. SHANE.
SO I FEEL THAT, UM, YOU KNOW, WHAT THIS PUBLIC HEARING DID WAS BRING A LOT OF PEOPLE OUT TO BE ABLE TO DISCUSS THE CONCERNS AND ISSUES, CONCERNS, AND ISSUES, AND THERE'S COMMITMENT AND DEDICATION ON ALL SIDES.
AND I FEEL LIKE WE'RE SO CLOSE TO GET SOME, GETTING SOMETHING THAT IS GOING TO BE A WIN-WIN TO EVERYBODY.
I THINK THAT THE ENTITLEMENTS FOR THE HEIGHT IS JUST SUCH AN IMMENSE AMOUNT THAT WE'RE GIVING.
AND I FEEL LIKE, YOU KNOW, TH THERE, THERE NEEDS, THERE CAN BE A BETTER BALANCE ON THE COMMUNITY BENEFITS.
I LOVE THE NEW, YOU KNOW, THE TREND THAT WE ARE TRYING TO GET TO WITH THE COMMERCIAL AFFORDABILITY.
I MEAN, THAT'S LIKE A GAME CHANGER FOR, FOR, FOR MANY PEOPLE AND THAT ALLOW PEOPLE TO, I MEAN, STAY IN BUSINESS.
I MEAN, THAT'S THE THING FOR, FOR A LOT OF STARTUPS THAT THAT'S ONE OF THE BIGGEST CONCERNS.
AND I KNOW THIS IS SOMETHING THAT IT'S A PRIVATE THING THAT, YOU KNOW, WE DON'T REALLY GET TO TALK ABOUT, BUT THIS, THIS TIME ALLOWS THEM TO WORK TOGETHER ON THAT.
AND THEN MAYBE WHEN THEY COME BACK, THEN WE COULD, UH, BE MORE COMMITTED ON, UH, THE ZONING CHANGE AND THE ADDITIONAL HEIGHT ENTITLEMENTS, AND, UH, DIFFERENT USE ENTITLEMENTS.
SO THAT'S WHY TWO WEEKS, ALRIGHT, COMMISSIONER SPEAKING AGAINST THE MOTION TO POSTPONE, SEE NONE, ANYBODY ELSE WANT TO SPEAK AT, UH, I'M SPEAKING IN FAVOR OF THE MOTION TO POSTPONE AND I'LL DO SO ONLY VERY QUICKLY FOR ONE SPECIFIC REASON, WHICH IS, UM, I REALLY APPRECIATE THE WAY THAT THE NEIGHBORHOOD CONTACT TEAM HAS APPROACHED THIS.
AND I SALUTE THE HARD WORK THAT THEY'VE PUT INTO THIS.
AND I PARTICULARLY APPRECIATE THE FACT THAT IT'S NOT A KNEE JERK OPPOSITION TO NEW HOUSING AND NEW DEVELOPMENT, WHICH WE ALL TOO OFTEN SEE FROM OUR NEIGHBORHOOD TEAMS, BUT A REAL ATTEMPT TO WELCOME THAT NEW DEVELOPMENT, BUT MAKE THAT NEW DEVELOPMENT MAKES SENSE, GIVEN THE HISTORIC CONTEXT OF THAT NEIGHBORHOOD.
SO, UM, AS A GESTURE, UM, TOWARDS THE NEIGHBORHOOD, WHICH I THINK HAS APPROACHED THIS WITH TREMENDOUS GOOD FAITH, UM, I WOULD BE WILLING TO SUPPORT A POSTPONEMENT, WHICH I'M USUALLY OPPOSED TO, UM, ON THE GROUNDS.
I THINK THE NEIGHBORHOOD HAS REALLY SHOWN KIND OF A RARE INSTANCE OF GOOD FAITH FROM A NEIGHBORHOOD.
FOLKS, I'M GOING TO GO, UH, OKAY.
I'LL MAKE THIS QUICK, I'M VOTING IN FAVOR AGAIN.
I TANKED THE MLK CONTACTING FOR STEPPING UP IN THIS CASE AND, YOU KNOW, REALLY DIGGING, INTERESTED INTEREST OUT OF YOUR JURISDICTION, REALLY WORKING TOWARDS SOMETHING THAT IS MEANINGFUL.
AND I APPRECIATE THE WORK THAT HAS HAPPENED.
I REALLY HOPE AS WE COME TO THE POSTPONEMENT, PARTICULARLY THAT AN AGREEMENT CAN BE DRAWN UP, THAT ESSENTIALLY SAYS THAT THE APPLICANT IS IN AGREEMENT WITH A BETTER BUILDER ACCREDITED SITE MONITOR.
I REALLY HOPE THAT THAT IS SOMETHING THAT WE CAN SEE AS THIS MOVES FORWARD.
I THINK THAT'S IMPORTANT FOR THE WORK THAT WE'RE TRYING TO DO HERE.
AND, UH, UH, SO THIS IS A COMMISSIONER SHADES MOTION TO POSTPONE, BUT THE, UH, B2 B3 ITEMS AND SECONDED BY COMMISSIONER COX.
UH, THOSE ON THE DICE IN FAVOR.
LET'S EVERYONE THAT WAS ON THE, UH, SCREEN ONE THOUGH.
THAT'S UH, YEAH, PASSES UNANIMOUS.
OH, DO WE NEED TO, DID WE SPECIFY DATE TWO WEEKS? OKAY.
THANK YOU COMMISSIONERS FOR MOVING THAT ALONG QUICKLY WHEN NOW? UM, YES.
SO WE ARE AT, UM, OH, BY, UH, 9 21.
UH, WE STILL HAVE, HOW MANY CASES LEFT ANDREW CHECKED A, B SIX, B NINE, B 11.
WE HAVE SOME OTHER BUSINESS AND SEE TO WHICH WE WANT PULLED FOR OUR DISCUSSION.
SO I DON'T KNOW HOW MANY PEOPLE HERE FOR DIFFERENT THINGS, AND I DON'T KNOW IF WE WANT TO CONSIDER TAKING ANY OF THE, UM, UM, CASES OUT OF ORDER.
LIKE, I DON'T KNOW IF WE WANT TO HEAR ONE FOR THE OTHER, JUST IN DETERMINATION OF WHO'S HERE.
UH, IF COMMISSIONERS WISH TO, UM, CONSIDER AN OUT OF ORDER PLACEMENT AS THE ONE YOU WERE THINKING OF ABOUT THE ZILKER ONE, MOSTLY BECAUSE I DON'T, I DON'T KNOW THE MAKEUP OF THE SPEAKERS.
THERE'S A LARGE LIST OF SPEAKERS, BUT IF IT'S PRETTY SIMILAR AND IT'S FAMILY, A LOT OF PEOPLE WHO HAVE FAMILIES, THEN IT COULD BE SOMETHING WE CAN SEE.
I'D LIKE TO MAKE THAT MOTION, BUT I MEAN, AGAIN, YOU DON'T HAVE TO SUPPORT IT.
IT'S JUST, JUST POSSIBLE AND AMENDMENT THAT WHILE WE'RE GETTING THE PEOPLE FOR ZILKER, WE COULD DO THE C2.
CAUSE I DON'T THINK ANYBODY'S HERE TO TALK ABOUT CDK TRANSITION.
SO, UM, THE MOTION IS TO BRING
[03:05:01]
UP, UH, THE ZILKER CASE NEXT.THE C2 CASE NEXT, WHICH IS JUST PLANNING COMMISSION WHILE WE TRANSITION FOR THE NEXT, UH, PUBLIC HEARING ON ITEMS B, WHICH IS THE, UH, SELKIRK CAFE.
UH, SO MOTION SECOND IS WE HAVE A SECOND, SECOND BY TOM'S UPSET.
SOMEBODY FULLY EXPLAINED THE EMOTION TO ME AGAIN.
OH, WE'RE GOING TO, WE'RE GOING TO BRING UP THE, UH, ZILKER CAFE.
UM, WHICH ITEM IS THAT YOU'LL EVER SEE TWO AFTER C2.
SO C2 IS OUR INTERNAL DISCUSSION ON, UH, PUTTING ON OUR TINTING, OUR RULES, UH, TO SPECIFY THIS LOCATION.
SO WE THOUGHT DURING THE TRANSITION, WE'D GO AHEAD AND HAVE THAT DISCUSSION THAT, OKAY.
UH, THE NEXT ITEM DOES HAVE, I THINK, SIX SPEAKERS TO IT.
SO ARE WE PUSHING THAT TO THE END FOR SOME REASON OR WHAT? I DON'T UNDERSTAND THE REORDERING.
WE'RE PULLING OUT THE ONE THAT'S ON THE ZILKER CAFE THAT HAS, UH, MANY, MANY SPEAKERS AND POTENTIALLY FAMILIES THAT ARE HERE.
AND AGAIN, THAT'S, IT'S, IT'S A MAYBE, BUT IT'S JUST TO CONSIDER, IF NOT, THEN WE JUST CONTINUE ON.
WELL, WHY DON'T, WHY DON'T WE, WHY DON'T WE DO THE NEXT ITEM, WHICH ONLY HAS SIX SPEAKERS AND THEN, AND THEN DO ZILKER CAFE.
AND THAT WAY WE DON'T SPEND TIME TALKING AMONGST OURSELVES WHEN WE'VE GOT PEOPLE WAITING TO PROVIDE TESTIMONY.
WE HAD TO ZILKER AFTER THE NEXT ONE WAS SIX.
SO SOMEBODY WANT TO MAKE THAT MOTION.
WE ARE JUST, IF WE'RE WONDERING SPEAKERS, THE NEXT FOLLOWING CASES DON'T HAVE THAT MANY SPEAKERS.
WELL THEN LET'S JUST KEEP IT GOING.
[B6. Rezoning: C14-2021-0137 - 3427 Jefferson St; District 10]
GOOD EVENING.MY NAME IS WENDY ROSE WITH THE HOUSING AND PLANNING DEPARTMENT.
THIS IS CASE NUMBER C 14 20 21 0 1 37, LOCATED AT 34 27 JEFFERSON STREET.
THIS IS A THROUGH LOT ON JEFFERSON AND GLENVIEW, WHICH IS SOUTH OF WEST 35TH STREET.
IT IS ZONED L R N P, AND THE APPLICANT IS PROPOSING C S AND P.
UH, THEY WOULD LIKE TO ASSEMBLE THIS PARTICULAR ZONING AREA, WHICH, UM, WHICH IS THE BURGER KING RESTAURANT WITH A, WITH THE ADJACENT PROPERTY TO THE NORTH, WHICH IS THE BURGER KING PARKING LOT TO DEVELOP AN OFFICE AND COMMERCIAL BUILDING.
THE PROPOSED BUILDING WOULD HAVE ABOUT 36,000 SQUARE FEET OF OFFICE USES.
AND 5,000 SQUARE FEET OF COMMERCIAL USES WEST 35TH STREET IS A CORE TRANSIT CORRIDOR.
JEFFERSON STREET IS A LEVEL TWO ROAD.
UH, THE FUTURE LAND USE MAP ASSOCIATED WITH THE WINDSOR ROAD NEIGHBORHOOD PLANNING AREA, UH, IDENTIFIES THIS AS COMMERCIAL AND ENCOURAGES DEVELOPMENT OF COMMERCIAL ACTIVITIES AND EMPLOYMENT CENTERS.
AND, UH, IN LOOKING AT THIS CASE, WE OBSERVED THAT ALL FOUR QUADRANTS OF WEST 35TH STREET AND JEFFERSON STREET HAVE CSMP AND WEST 35TH STREET IS A BUSY COMMERCIAL AREA WITH RESTAURANTS, BANKING, BANKS, SALONS, AND PROFESSIONAL OFFICES.
AND SO THE STAFF IS RECOMMENDING THE CHANGE TO SEE US AND P UH, I DID RECEIVE CORRESPONDENCE, WHICH IS ATTACHED TO THE BACK OF THE STAFF REPORT.
ACTUALLY IT MAY HAVE BEEN UPLOADED AS LIGHT BACKUP FROM BRECKER WOODS NEIGHBORHOOD ASSOCIATION.
THEY DID SUBMIT A LETTER IN OPPOSITION AND THAT CONCLUDES MY PRESENTATION.
I DON'T KNOW WHAT HERE FROM THE APPLICANTS FOR, UM, FIVE MINUTES, WE HAVE A PRESENTATION, I BELIEVE BEFORE B SIX.
GOOD EVENING COMMISSIONERS MICHELLE LYNCH WITH METCALF WOLF, STEWART AND WILLIAMS. THANK YOU FOR HAVING US TONIGHT.
IT'S GREAT TO SEE EVERYBODY ON THE SCREEN AND HERE, UM, I'LL TRY TO BE BRIEF AS WE HAVE A LOT GOING ON.
AS YOU MENTIONED, UM, THE SITE BEFORE YOU TONIGHT IS ACTUALLY THERE IN RED.
IT IS, UH, THE OLD BURGER KING AT THIS LOCATION THAT IS ABANDONED.
THE YELLOW REPRESENTS THE REST OF THE PROJECT THAT IS NOT BEFORE YOU THIS EVENING.
AND FOR CONTEXT, WHEN YOU'RE ON 35TH STREET, WHICH IS A CORE TRANSIT CORRIDOR AND A MAJOR ACTIVITY NODE HERE, YOU CAN SEE THE CORNER OF JEFFERSON AND 35TH STREET.
UM, IT'S, IT'S PRETTY WIDE AREA.
IT'S GOT A DEDICATED TURN LANES AND CROSSWALKS AGAIN, THE YELLOW AREA AND LR NP IS THE PARTICULAR CASE BEFORE YOU TONIGHT.
[03:10:01]
BUT THE AREA IN RED IS PART OF THE OVERALL PROJECT FOR REFERENCE.AND YOU CAN SEE SURROUNDING ZONING INCLUDES, UM, A COMBINATION OF OTHER, UH, CS REQUESTED DISTRICTS, GR LR, UM, AN OFFICE WITH SOME RESIDENTIAL AS WELL.
AGAIN, 0.1, SIX ACRES OUT OF THE 0.4, SIX, FOUR ACRES TOTAL PROJECT.
UM, WE ARE LOOKING TO PROPOSE A 36,000 SQUARE FOOT GENERAL OFFICE WITH APPROXIMATELY 5,000 SQUARE FEET OF COMMERCIAL OR RETAIL THAT WOULD ENCOMPASS ABOUT 136 SPACES OF UNDERGROUND PARKING THAT WOULD BE MADE AVAILABLE TO THE PUBLIC AFTER HOURS.
UM, THERE ARE A LOT OF BUSINESSES AROUND THIS AREA THAT LACK AND PARKING.
UM, THAT'S BEEN A CONTINUED ISSUE WITH THE NEIGHBORHOOD.
UM, LOOKING AT THE CONCEPT PLAN, UH, YOU CAN SEE ON THE SCREEN THERE AT THE BACK, UH, IS WHERE THE LR ZONING PART OF THE PROJECT EXISTS.
A LARGE MAJORITY OF THE PROJECT IS ALREADY ZONED CS.
IT WILL BE COMMERCIAL DESIGN STANDARDS, COMPLIANT, UM, ACCESS WE'LL BE IN AND OUT OFF OF JEFFERSON, BUT WE'RE PROPOSING ONLY EXIT FOR GLEN VIEW DUE TO TURNING RADIUS TO GET TO THE GARAGE, UH, WHILE WE DON'T HAVE ANY EXACT RENDERINGS AND CONTENT PLANS AT THIS TIME, BECAUSE WE'RE JUST AT THE ZONING STAGE.
UM, AND TALKING WITH THE BRIGHTER WOODS NEIGHBORHOOD, WE DID PULL SOME CONCEPTS FROM AROUND THE NEIGHBORHOOD AS A KIND OF A STORYBOARD FOR OUR ARCHITECT WHO IS LOCAL TO WORK FROM IN THE DESIGNS.
YOU'LL SEE A LOT OF DIFFERENT TEXTURES HERE, POTENTIALLY SOMETHING OF THIS NATURE COULD BE INCORPORATED.
UH, WE, WE LOOKED AT LOTS OF OPEN SPACE AND LANDSCAPING, A GREENERY, WHICH I THINK THE NEIGHBORHOOD IS DESIRING COMPATIBILITY IS IMPORTANT TO THE NEIGHBORHOOD AND ACROSS THE CITY.
UH, WE DO HAVE SOME THAT TRIGGER SLIGHTLY, AND WE ARE DOING THOSE STEP BACKS AND HONORING COMPATIBILITY HERE.
YOU CAN SEE IN THIS EXHIBIT, IN THE GREEN AREAS, THAT IS A SINGLE FAMILY ZONED AND USE LAND.
AND YOU CAN SEE AGAIN WHERE IT CUTS IN THE YELLOW.
THE AREA CLOSER TO JEFFERSON IS STILL, UH, ENCUMBERED BY COMPATIBILITY.
BUT AS YOU MOVE BACK TOWARDS THE BLENDER, YOU GET A LITTLE BIT OUT OF THAT AREA.
AND SO WHILE WE'RE ASKING FOR A SMALL UP ZONE, WE GET A LITTLE BIT OF HEIGHT THERE IN THE BACK FROM COMPATIBILITY RELIEF.
THIS GRAPHIC IS INTENDED TO SHOW THAT LARGELY ALONG JEFFERSON IT'S ABOUT A THREE-STORY PROJECT UNTIL YOU GET CLOSER TO 35TH STREET.
THE BUMP FROM LR TO CS GETS US ABOUT 5,800 SQUARE FEET.
SO THAT RED BOX IS INTENDED TO SHOW YOU THAT IT'S A SMALL PERCENTAGE OF THE PROJECT THAT WE'RE ASKING FOR.
YOU CAN SEE IN, UH, UH, THE, THE OUTLINE BEHIND GLENVIEW.
WE'RE GETTING A LITTLE BIT MORE HIGH THAN THE BACK.
THIS IS A PLAN VIEW LOOKING DOWN AGAIN, ONCE I GET UP COMPATIBILITY ON THE ROOF, THAT RED AREA IS ABOUT 900 SQUARE FEET.
THAT'S ABOUT WHAT WE GAIN OUTSIDE OF COMPATIBILITY.
SO AGAIN, NOT VERY MUCH, UM, FROM THE CHANGE FROM LR TO CS, UM, IN THAT ZONE, YOU CAN SEE THERE, AND THIS SHOWS YOU ANOTHER GRAPHIC TRANSPORTATION WAS DISCUSSED AT GREAT LENGTH.
UH, THE BURGER KING THAT EXISTS TODAY ACTUALLY DOES NOT HAVE A DRIVE-THROUGH, BUT IT STILL GENERATES ABOUT A THOUSANDS, UH, TRIPS PER DAY.
UH, THE PROJECT AS PROPOSED IS A 583, WHICH IS 438 TRIPS LESS.
WE DID TALK ABOUT OTHER TYPES OF PROJECTS THAT COULD GO HERE IN MEDICAL OFFICE OR RESTAURANTS AND WHATNOT, AND LOOKED AT THOSE SCENARIOS.
SOME OF WHICH DO GENERATE MORE TRIPS THAN THE BOURBON HANG SLIGHTLY.
NONE OF WHICH TRIGGER A TRAFFIC IMPACT ANALYSIS, NOT OF WHICH TREVOR TRIGGER A NEIGHBORHOOD TRAFFIC STUDY.