* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [00:00:06]
          IT IS SIX 
          [Determination of Quorum / Meeting Called to Order]
OR SEVEN, AND WE'RE GOING TO BRING THIS MEETING AT THE PLANNING COMMISSION TO ORDER. 
          UM, FIRST OFF, WE'RE GOING TO DO, UM, ROLL CALL AND IN CHAMBERS, UH, JUST, UH, SAY PRESENT OR, UH, INDICATOR HERE WHEN I MENTIONED HER NAME. 
          UH, SO WE HAVE, UH, MYSELF AS CHAIR, TODD SHAW, VICE CHAIR. 
          HEMPEL HERE. 
          WE HAVE, UH, COMMISSIONER ARE HERE AND I MAY GET THIS OUT OF ORDER. 
          I APOLOGIZE. 
          UH, COMMISSIONER, UH, COX. 
          OH, SORRY. 
          UH, COMMISSIONER, WE'RE STARTING WITH THOSE IN CHAMBERS CLINIC. 
          COMMISSIONER CONLEY HERE. 
          UH, WE HAVE COMMISSIONER MOSHE TODDLER HERE. 
          UH, COMMISSIONER SCHNEIDER HERE, COMMISSIONER SHEA HERE, COMMISSIONER THOMPSON HERE. 
          AND I AM, UH, I THINK I GOT EVERYBODY IN CHAMBERS, UH, THAT WE, UH, GOT COMMISSIONER GOING TO THE SCREEN HERE. 
          WE'VE GOT COMMISSIONER HOPS HERE. 
          YOU HAVE COMMISSIONER HOWARD, UH, COMMISSIONER YANAS PALITO HERE AND COMMISSIONER PRACTICES. 
          AND THEN WE HAVE EX-OFFICIO MEMBERS, UH, UH, COMMISSIONERS, JESSICA COHEN, AND ARTHI SING. 
          ALL RIGHT. 
          COMMISSIONER FLORES PRESENT. 
          I AM, UH, I GOT AN ARROW MOVE. 
          I DIDN'T PULL YOU DOWN TO THE VIRTUAL. 
          I AM SO SORRY. 
          UH, THANK YOU, COMMISSIONER FLORES. 
          OKAY. 
          UH, SO QUICK ANNOUNCEMENT. 
          THIS IS A HYBRID MEETING AND IT'S, YOU KNOW, WE'RE ALL WEARING MASKS AND WE'RE TRYING TO MAINTAIN SOME DISTANCE THING, UH, BUT, UH, I'LL MAKE IT. 
          SO, UH, YOU KNOW, WITH THAT, UH, WE HAVE A QUORUM OF COMMISSIONERS HERE IN CHAMBERS. 
          WE HAVE COMMISSIONERS THAT ARE ATTENDING VIRTUALLY. 
          UH, SO WE'LL BE TRACKING THE ACTIVITIES OF BOTH GROUPS. 
          UM, SO, YOU KNOW, ALTHOUGH WE'RE NOT PROHIBITIVE, UH, THE PUBLIC FROM BEING IN CHAMBERS, UH, WHEN IT'S NOT THERE ITEM, UH, YOU KNOW, AS I SAID, WE'RE STILL IN A PANDEMIC AND IT WOULD BE GOOD. 
          UH, IF WE COULD, WHEN YOUR ITEM IS NOT BEING DISCUSSED OR MADE IN THE ATRIUM. 
          AND THEN, UH, WE'LL, YOU KNOW, HAVE A TRANSITION PERIOD BETWEEN EACH DISCUSSION ITEM WHERE MR. RIVERA WILL, UH, GO OUT AND KIND OF SOME AND FOLKS THAT ARE OUT THERE, UH, THAT WERE BEGINNING THE NEXT ITEM. 
          AND WE HAVEN'T PRAYED A HEAVY AGENDA. 
          SO WE'D LIKE TO TRANSITION PRETTY QUICKLY. 
          SO PLEASE TRY TO PAY ATTENTION TO THE ITEMS AS THEY'RE COMING UP. 
          BUT, UM, UH, WITH THAT, UM, I THINK YOU'LL ALSO, IF YOU'RE SIGNED TO, TO SPEAK, YOU'LL GET A TEXT OR, UM, WRITE IN MR. RIVERA, IS THAT A TEXT THAT YOUR ITEMS COMING UP SHORTLY? UM, LET'S SEE, CHAIR, COMMISSIONER LIAISON AND CORRECTION CLARIFICATION. 
          THAT WOULD BE EMAIL, EMAIL, NOT TEXTS. 
          THANK YOU. 
          AND TO THAT, UH, MR. RIVERA IS GONNA HELP ME OUT WITH ANNOUNCING THE SPEAKERS DURING THE PUBLIC HEARINGS, KIND OF EMCEED THE HEARINGS. 
          AND SO JUST GOING THROUGH OUR KIND OF CHECKLIST HERE FOR THE COMMISSIONERS ATTENDING VIRTUALLY, UH, PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING. 
          UM, AND, UH, SO WHEN VOTING, I'M GOING TO TRY TO STICK WITH THE PLAN ON COUNTING THOSE, UH, FOR BOTH ON THE DIOCESE AND ON THE SCREEN. 
          SO I GET A TOTAL OF THOSE IN FAVOR, AND THEN I'LL GO TO THOSE, UM, VOTING AGAINST, UH, AGAIN, LOOKING AT THOSE ON THE DYESS AND THEN COUNTING THOSE ON THE SCREEN. 
          AND THEN, UH, YES, PLEASE. 
          FOR THOSE OF YOU THAT ARE ATTENDING VIRTUALLY, UH, CAN'T GET MY ATTENTION BY RAISING YOUR HAND, PLEASE SPEAK UP. 
          IT'S, IT'S CHALLENGING KEEPING TRACK OF EVERYTHING HERE BETWEEN THE TWO PARTIES. 
          UM, AND I GUESS TO START OUT CITIZEN COMMUNICATION, DO WE HAVE ANYONE HERE? NOPE, NO CITIZEN COMMUNICATION. 
          UM, AND MOVING ON REAL QUICKLY, UH, TO ENERGIZE THEM A, UH, JUST WANT TO CHECK IF WE HAVE, UH, FOR APPROVAL OF MINUTES. 
          DO WE HAVE ANY COMMISSIONERS WITH ANY CHANGES TO THE MINUTES FOR THE MEETING ON OCTOBER, THAT WOULD HAVE BEEN 12, CORRECT. 
          OKAY. 
          SEEING NONE, WE'RE GOING TO MOVE THE APPROVAL OF MINUTES TO THE CONSENT AGENDA. 
          UM, 
          [Reading of Agenda]
SO OUR FIRST APP ACTIVITY TODAY IS TO GO THROUGH THE, UH, CONSENT AGENDA. 
          AND, UM, WHEN I'LL GO AHEAD AND DO IS I KNOW COMMISSIONER FLORES, AND WHEN YOU WERE HERE, WE WERE HAVING YOU READ THE FIRST ROUND AND I'M GOING TO GO AHEAD AND DO THAT BECAUSE I THINK IT'LL BE MAYBE A LITTLE MORE DIFFICULT TO READ THAT FROM WHERE YOU ARE. 
          SO, UM, LET'S GO AHEAD AND MAKE A FIRST PASS 
          [00:05:01]
AT READING THROUGH THE STAFF'S PROPOSED CONSENT ITEMS. SO LET'S SEE, UH, AS WE SAID, UM, WE HAVE APPROVAL OF MINUTES THAT WE'VE, UM, WE HAVE NO CHANGES TO, AND THEN JEN ITEM, THE V PUBLIC HEARINGS, UH, WE WILL TAKE UP B ONE IS A DISCUSSION POSTPONEMENT. 
          UH, WE HAVE NEIGHBORHOOD REQUESTED POSTPONEMENT AND THE AFRICANIST, UH, OPPOSED, UM, ITEMS, B2 AND B3 WILL BE DISCUSSION ITEMS TAKEN UP TOGETHER. 
          AND THEN WE HAVE ITEM BEEF FOR IS, UM, PLAN AMENDMENT, UH, NPA 20 21 0 0 2 3 0 1 DOT S H MAIN ROAD AND NORTHEAST DRIVE. 
          UH, THAT IS THE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH. 
          WE HAVE  WHERE HE ZONING, UM, FOR THAT, UH, PROPERTY C 14 20 21 0 1 3 THREE.SH MAIN ROAD NORTHEAST DRIVE AGAIN, NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH. 
          APPLICANT IS IN AGREEMENT, UH, ITEM B6, REZONING KC 14 20 21 0 1 3 7. 
          UM, ADDRESS 34 27 JEFFERSON STREET. 
          WE ALL, THAT'S A DISCUSSION CASE THIS EVENING. 
          UH, ITEM B SEVEN IS REZONING ON CONSENT. 
          SEE 14 20 21 DASH 0 1 5 4 CLAWSON ROAD RESIDENCES. 
          WE HAVE BEEN B EIGHT REZONING CASE C 14 H 2021 DASH 0 1 4 FOR REUBEN IT HOUSE. 
          AND THAT IS ON CONSENT OF A BENIGN. 
          THIS IS A RIGHT OF WAY VACATION CASE 2021 DASH 0 4 7 0 0 1 HARVEY STREET BETWEEN EAST 12TH AND SOLD WILSON AVENUE. 
          AND THIS IS ON CONSENT. 
          WE HAVE ITEM B 10. 
          THIS IS A SITE PLAN, UM, PARKLAND APPEAL, CASE NUMBER SP 20 20 0 4 1 9 C CHRONIC MULTIFAMILY, UH, STAFF POSTPONEMENT DATE TO BE DETERMINED B 11. 
          UH, THIS IS A SITE PLAN SP C DESK 2021 DASH 0 1 3 1 8 ZILKER CAFE. 
          THIS IS, UH, UM, OUR LAST DISCUSSION CASE THIS EVENING, HOPEFULLY, UH, B 12. 
          WE HAVE FINAL PLAT OF APPROVED PRELIMINARY PLAN, UH, CASE NUMBER C EIGHT DASH 2020 DASH 0 0 3 7 1 A MARSHALL RANCH SUBDIVISION. 
          AND THIS IS DISAPPROVAL FOR REASONS IDENTIFIED IN EXHIBIT C OF THE BACKUP. 
          SO THAT IS, UH, THE ITEMS, OH, LET'S GO ON, CARRY ON COMMISSIONERS. 
          I AM PROPOSING THAT WE INCLUDE ITEMS ONE AS A CONSENT ITEM, AND THESE ARE THE AMENDMENTS FROM OUR TRANSPORTATION CRITERIA MANUAL WORKING GROUP. 
          UH, THERE WAS IN THE BACKUP AND, UM, LET'S SEE, JUST QUICKLY BEFORE WE DECIDE ON THAT, I'M GOING TO DO THE, ANY OF THE WORKING GROUP MEMBERS HAVE SOME QUICK COMMENTS ON THAT, UM, FROM THE WORKING GROUP THAT THEY'D LIKE TO SHARE. 
          THANK YOU, CHAIR. 
          UM, I THINK THE MAIN COMMENT THAT WE HAD FROM OUR WORKING GROUP WAS JUST A BIG THANK YOU TO STAFF, BECAUSE A LOT OF THE QUESTIONS AND ISSUES THAT WE HAD RAISED EARLIER, WE COULD SEE HAD BEEN ADDRESSED IN THE DCM DRAFT, LATEST DRAFT. 
          SO WE REALLY APPRECIATE THEM PAYING ATTENTION TO WHAT, UM, SOME OF THE ISSUES WERE THAT WE WERE RAISING. 
          AND THEN OF COURSE THANKING ALL THE COMMISSIONERS WHO WERE PART OF THIS WORKING GROUP AS WELL, AND PARTICULARLY COMMISSIONER THOMPSON FOR HIS LEADERSHIP. 
          THANK Y'ALL ANY, UH, CONCERN ABOUT MOVING THAT TO CONSENT. 
          C ONE. 
          OKAY. 
          I SEE NONE. 
          AND WE ALSO, AND I'M GOING TO MAKE A CORRECTION ON, UH, THANK YOU, MR. RIVERA FOR, UH, YOU BRINGING TO MY ATTENTION B NINE, I'LL SAY, WELL, I'LL GO AND DO THAT NOW. 
          SO V NINE, IF I UNDERSTAND WE'VE HAD SPEAKERS, UH, SO WE'RE GOING TO GO AHEAD AND PULL THAT FOR DISCUSSION. 
          AND THAT IS, UH, B NINE WAS RIGHT AWAY VACATION, UH, CASE NUMBER 20 21 0 4 7 0 0 1 ON HARVEY STREET BETWEEN THESE 12 AND SEOUL WILSON. 
          UH, WE'RE GOING TO TAKE THAT UP FOR DISCUSSION. 
          OKAY. 
          THANK YOU. 
          UH, THE OTHER ITEM, UM, I WOULD LIKE TO PROPOSE, WE MOVED TO, UM, CONSENT IS C2 IN THE ADDENDUM. 
          AND IF YOU HAD A CHANCE TO LOOK AT THAT, UM, AND WE CAN, UH, HAVE BRIEF DISCUSSION HERE IF YOU HAVE QUESTIONS. 
          UH, BUT THIS IS, UM, WE HAVE BEEN TOLD THAT, UH, THE FUTURE PLANS FOR WHERE WE CARRY OUT THESE MEETINGS WILL BE AT THE HIGHLAND MALL CAMPUS. 
          AND, UH, THERE'S BEEN A NUMBER OF CONCERNS FROM BOTH ZAP AND 
          [00:10:01]
THE BLA. 
          AND SO WE, UM, I'VE TALKED TO A FEW FOLKS AND I THINK, UH, UM, I'M PROPOSING THAT WE CHANGE OUR RULES TO REFLECT A LOCATION, WHICH IS CITY HALL, AND THAT IS ITEM C TWO. 
          UH, BUT THEN, UH, WE WOULD TAKE A PAUSE ON C3 AND ALLOW, UH, THE LEGAL STAFF TO MAKE A DETERMINATION OF WHAT ELSE IS NEEDED. 
          DO WE NEED TO PROCEED ON AT THAT POINT TO CHANGE OUR BYLAWS AND, AND GO TO THE CITY COUNCIL, UM, AUDIT AND FINANCE COMMITTEE. 
          UH, SO THAT WOULD BE THAT'S YET TO BE DETERMINED. 
          SO IT WOULD GIVE, WE WOULD POSTPONE C3 UNTIL OUR NEXT MEETING WHEN WE HAVE, UH, THE LAW DEPARTMENT LOOK INTO THAT. 
          SO THAT WOULD BE POSTPONED. 
          SO DO I HAVE ANYBODY THAT WANTS TO COMMENT ON ITEM C TO CHANGING OUR RULES TO INCLUDE CITY HALL IS OUR MEETING LOCATION. 
          OKAY. 
          OH, OKAY. 
          I SEE COMMISSIONER COX. 
          I'M SORRY. 
          I MISUNDERSTOOD. 
          SO, SO THE VOTE TODAY MEANS WHAT, AND THEN THE VOTE. 
          YES. 
          SO WE, WE VOTE, WE ARE GOING TO VOTE ON JUST CHANGING OUR RULES, WHICH WE CAN DO TO SPECIFY A LOCATION, UH, THAT THE LOCATION WHERE WE MEET IS A CITY COUNCIL CHAMBERS, OR A CITY, UH, CITY HALL. 
          THE, THE C3 IS WE THINK WE NEED ALSO FOR THE COUNCIL TO APPROVE A CHANGE TO OUR BYLAWS, TO ALSO SPECIFY THE LOCATION WHERE WE MEET, BUT WE NEED A LI UH, WE NEED THE LAW DEPARTMENT TO WEIGH IN ON THAT. 
          SO WE'RE DEFERRING THAT VOTE UNTIL A LATER DATE CHARIOT, AND WE NEED TO RECEIVE CONFIRMATION FROM THE CITY MANAGER AND CITY CLERK. 
          OKAY. 
          THANK YOU. 
          SO, YEAH, ALL NOT ONLY THE DEPARTMENT, BUT ALSO CITY MANAGER AND CITY CLERK. 
          GO AHEAD. 
          UH, COMMISSIONER COX, IF, IF THE VOTE TODAY IS TO CHANGE OUR RULES ABOUT WHERE THE PLANNING COMMISSION MEETINGS ARE HELD, I KNOW WE'VE GOT A PACKED AGENDA, BUT I KIND OF FEEL LIKE THAT DESERVES DISCUSSION. 
          CAUSE I DO HAVE SOME QUESTIONS ABOUT HOW WE ENDED UP HERE. 
          I'M SURE. 
          AND I DON'T KNOW ABOUT THE REST OF THE COMMISSION, BUT I THINK IT DESERVES DISCUSSION. 
          OKAY. 
          I WILL GO AHEAD AND PULL IT. 
          SO, UH, WE'LL PULL THAT ITEM FOR DISCUSSION. 
          SO C2 IS, WILL, UH, BE A DISCUSSION TOPIC. 
          ALL RIGHT. 
          SO, UM, DO YOU HAVE ANY, OH, HOLD ON. 
          WE GOT, DO WE HAVE ANY COMMISSIONERS THAT NEED TO RECUSE THEMSELVES OR STAIN? UH, ANY OF THE ITEMS TONIGHT I'LL BE ABSTAINING, BUT, UH, FROM, UH, B 11, THE ZILKER CAFE, UM, I WORK WITH THE TEAM THAT'S LEADING THE ZILKER PARK VISION PLAN, AND I DON'T NEED TO VOTE ON THAT. 
          ALRIGHT, THANK YOU. 
          UH, LOOKING AROUND, I DON'T SEE ANY OTHERS. 
          OKAY. 
          AND THEN MR. RIVERA, I GUESS I'VE GONE THROUGH THE, UM, PROPOSED, UH, CONSENT AGENDA. 
          DO WE HAVE ANY CHANGES BETWEEN THE LAST TIME I READ IT? ANY OTHER SPEAKERS SIGNING UP CHAIR COMMISSION LAYS ON THE HANDOVER, YOUR, UM, UM, THE CASES ARE AS RED AND, UH, YOU'RE READY TO DISPOSE OF THE CONSENT AGENDA WITH A VOTE. 
          OKAY. 
          UM, SO I'M GONNA, UH, GO OVER ONE MORE TIME, REALLY QUICKLY, JUST, UH, READING THE NUMBER AND THE ACTION. 
          UM, SO LET'S DO THAT. 
          SO WE'VE HAVE, UH, APPROVAL OF MINUTES. 
          UM, WE HAVE ON PUBLIC HEARINGS, ITEM B ONE, THIS IS A DISCUSSION POSTPONEMENT ITEM B TWO IS DISCUSSION. 
          B3 IS DISCUSSION BEFORE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH, B FIVE NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 9TH, THESE SIX DISCUSSION, THE SEVEN CONSENT, THE EIGHT CONSENT B NINE IS DISCUSSION B 10 IS A STAFF POSTPONEMENT TO DATE TO BE DETERMINED. 
          B 11 IS DISCUSSION AND B12 IS DISAPPROVAL FOR REASONS, UH, IDENTIFIED IN EXHIBIT C. 
          UM, OKAY, SO SAY IT AGAIN. 
          OH, OH YES. 
          THANK YOU. 
          AND ALSO ON CONSENT IS, UH, AGENDA ITEM C ONE. 
          SO DO I 
          [Consent Agenda]
HAVE A MOTION APPROVE THE MINUTES APPROVED THE CONSENT? OH, CLOSE THE PUBLIC HEARING AND APPROVE THE MINUTES AND THE CONSENT AGENDA, COMMISSIONER CONLEY MOTION TO CLOSE THE PUBLIC 
          [00:15:01]
HEARING AND APPROVE THE CONSENT AGENDA. 
          OKAY. 
          THANK YOU VERY MUCH. 
          I HAVE A SECOND COMMISSIONER, MUCH TALLER. 
          LET'S GO AHEAD AND VOTE. 
          UH, THOSE ON THE DIOCESE, UH, UNANIMOUS THOSE ON THE SCREEN. 
          OKAY. 
          I GOT EVERYBODY OKAY. 
          YES, UNANIMOUS. 
          ALRIGHT. 
          SO THE FIRST ITEM 
          [B1. Rezoning: C14-2021-0009 - 1725 Toomey Rd; District 5]
TODAY IS GOING TO BE THE, UH, DISCUSSION POSTPONEMENT CATCH UP HERE ON ITEM B ONE. 
          AND LET'S JUST GO OVER REAL QUICK. 
          WE'VE GOT ANDREW, WE, UH, THIS ONE, THERE'S NO STAFF PRESENTATION. 
          WE MOVE RIGHT INTO TWO MINUTES FOR, UH, TWO SPEAKERS FOUR, AND THEN THE SPEAKER IS AGAINST, UH, WE HAVE TWO OF THEM AND TWO MINUTES FOR EACH OF THEM. 
          IS THAT CORRECT? CORRECT. 
          WITH THE CLARIFICATION THAT THAT'S A, THE, THE INITIAL SPEAKERS WILL HAVE THREE MINUTES AND THE SECONDARIES WE'LL HAVE TWO MINUTES AND WE'LL BEGIN BY HEARING FROM MR. DAN SEAWALL. 
          OKAY. 
          AND REQUESTING THE POSTPONEMENT. 
          THANK YOU. 
          HOW ARE WE DOING, UM, CROSSING POSTPONEMENT AGAIN, UH, ON 1725 TUMI ROAD. 
          UM, THERE'S NO TRAFFIC ANALYSIS. 
          IT'S, UM, IT'S AT THE ENTRANCE OF ZILKER PARK, UM, YOU KNOW, WITH ACL AND, AND, UH, BUTTS UP, RIGHT. 
          THE STAIRS THING, WHICH, YOU KNOW, ON ANY GIVEN WEEKDAY NIGHT HAS, UH, CERYS TRAFFIC AND, AND ACCESS ISSUES IT'S IN ITSELF. 
          AND SO, YOU KNOW, A TRAFFIC ANALYSIS WAS WAIVED ON THIS CASE, UM, ALMOST A YEAR AGO, UH, FROM AN HITCHENS I BELIEVE, UH, CLAIMING I THINK THAT, UH, FOR FUTURE LAND USE TO BE FINALIZED. 
          AND I'M ASSUMING THAT MEANS THE DAUGHTRY ARTS CENTER, WHICH IS DOWN TO TWO DESIGNS. 
          AND SO I'M ASKING THAT AMANDA SWORE, WHO IS THE APPLICANT ON THIS REZONE CASE, UM, AND VERY FAMILIAR WITH THE, UH, ENTITLEMENTS OF THE AREA, DO A TRAFFIC ANALYSIS FOR, UH, FOR OBVIOUS REASONS. 
          AND, AND, AND THE FACT THAT IT WAS WAIVED A YEAR AGO. 
          UM, I'D LIKE THE TEST TO LOOK INTO, UM, YOU KNOW, THE SITUATION ON WHY IT WAS WAIVED A YEAR AGO IS, IS, IS STATED IN THE REZONING, UM, REQUEST AND THE REZONING CASE. 
          BUT, UM, BUT, UH, AND I CAN ONLY LEAD IT TO BELIEVE, TO BE THE DAUGHTRY ART CENTERS, WHY, UM, WHY IT WASN'T DONE, BUT I THINK IT'S PRETTY COMMON FOR A TIA TO BE PERFORMED WITHIN A RESOUND CASE. 
          AND SO I'M ASKING FOR POSTPONEMENT, SO THAT CAN BE DONE. 
          THANK YOU. 
          I CAN SHARE NOW WE'RE HERE FOR A MISS AMANDA'S OR MISS, OR YOU'LL HAVE THREE MINUTES. 
          GOOD EVENING. 
          COMMISSIONERS ON AMANDA SWORE WITH JENNER GROUP. 
          UH, WE WOULD RESPECTFULLY REQUEST THAT THE COMMISSION HEAR THIS CASE THIS EVENING. 
          I BELIEVE STAFF IS HERE THAT COULD ADDRESS THE POSTPONEMENT QUESTION OR THE TRAFFIC QUESTION, BUT WE HAVE AGREED TO FOUR NEIGHBORHOOD POSTPONEMENTS AND THE TECHNICAL DIFFICULTY AND RESPECTFULLY, WE HAVE TENANTS HERE AS WELL AS I BELIEVE, REPRESENTATIVES FROM ZILKER THAT WOULD LIKE TO HEAR THE CASE TONIGHT. 
          THANK YOU. 
          SURE. 
          COMMISSIONER LIAISON, THAT CONCLUDES THE SPEAKERS FOR DISCUSSION POSTS. 
          OKAY. 
          UH, QUICKLY COMMISSIONERS I'M PROPOSING THAT WE SHORTEN OUR Q AND A, UH, JUST COULD WE HAVE SUCH A, UH, LARGE, UM, BUSY AGENDA TONIGHT. 
          AND SO IT WOULD TAKE A MAJORITY VOTE TO DO THIS, BUT THE REAL CHANGE THAT I'M PROPOSING IS ONLY, UH, WE'LL START WITH, UM, THREE NUMBERS FOR Q AND A. 
          AND, UM, AND REMEMBER, WE'RE ONLY ASKING QUESTIONS ABOUT THE MERITS OF THE POSTPONEMENT, NOT THE CASE. 
          THAT'S JUST TO BE CLEAR HERE. 
          SO, UM, DO I HAVE, UH, ANYBODY THAT WOULD WISH TO, UM, UH, SUPPORT A MOTION FOR, UH, REDUCING THE NUMBER OF QUESTIONS, UH, COMMITTED, UH, VICE-CHAIR HEMPHILL, UH, THE SECOND, UH, COMMISSIONER SHEA, UH, LET'S GO AND PUT THAT INTO A VOTE AGAIN, THIS FOR THREE QUESTIONS INSTEAD OF OUR STANDARD EIGHT. 
          SO ON THE DIASTAT IS IN FAVOR. 
          I SEE 1, 2, 3, 4, 5, 6, 7 1. 
          UH, WELL, NOT YET SEVEN AND NOTICE ON THE SCREEN THAT ARE IN FAVOR. 
          UM, AYE. 
          OKAY. 
          COMMISSIONER HOWARD. 
          I CAN'T, IT'S HARD TO SEE YOUR CARD. 
          IT'S LIKE, YOU'RE HIDING IT FROM ME. 
          IT'S REALLY WEIRD. 
          IT'S HIDING IN THE TREES. 
          I SEE IT IN GREEN. 
          OKAY. 
          WE HAVE COMMISSIONER FLORES. 
          UH, SO THAT'S TWO IN 
          [00:20:01]
FAVOR AND THEN, UH, THOSE AGAINST ON THE DIOCESE. 
          UM, OKAY. 
          COMMISSIONER THOMPSON AND THOSE IN THE VIRTUAL SPACE THAT ARE AGAINST THIS MOTION, WE HAVE TWO AGAINST, AND THEN THOSE, UH, ABSTAINING. 
          I SEE A ONE. 
          OKAY. 
          SO THAT MOTION PASSES 9 3, 2 1. 
          SO WE'RE GOING TO GO AND ALLOW THREE QUESTIONS. 
          SO LET'S GO AND START WHO, UH, WHICH COMMISSIONER HAS THE FIRST QUESTION REAL QUICK. 
          DO WE HAVE TO CLOSE PUBLIC HEARING OR NOT ON THIS? IS THIS NO. 
          OKAY. 
          SO, UH, ON THE MERITS OF THE CASE ONLY HE WANTS THE FIRST QUESTION. 
          UH, I'M SORRY. 
          MERITS OR THE POSTPONEMENT. 
          I'M CONFUSING EVERYONE. 
          I MEAN, IF YOU'RE SHY, I MIGHT AS WELL ASK SOME QUESTIONS. 
          YEAH. 
          UM, SO I WOULD LIKE TO LET'S SEE THE REQUESTER OF THE POSTPONEMENT. 
          UM, I HAVE SOME QUESTIONS FOR YOU. 
          UM, SO MY QUESTIONS ARE LIKE WHEN, USUALLY ON POSTPONEMENTS, WE NEED TO IDENTIFY A TIME TO DELAY IT TOO. 
          SO DO WE, DO YOU HAVE ANY REQUESTS OF WHEN, FOR THE SHORTER ROUTE? UM, I FIGURED JUST CAUSE IT WAS DOWN TO TWO DESIGNS, UM, AND, UH, AND THE APPLICANT'S FAMILIARITY WITH THE REGION, UM, UH, THAT I WENT FOR THE SHORTER ONE FOR JUST TO GO FOR NOVEMBER 9TH. 
          I BELIEVE IT WAS, UM, WHAT DO WE, IS THERE SOMETHING THAT'S GOING TO BE HAPPENING BETWEEN NOW AND NOVEMBER 9TH, THE TRAFFIC AND THE TRAFFIC IMPACT ANALYSIS TO BE IS TO BE PERFORMED IT'S TO BE YOU PERFORMED A COMPLETED. 
          YES. 
          OKAY. 
          SO THAT IS ACTIVELY GOING ON RIGHT NOW. 
          NO, IT'S NOT THE, UM, THE REZONING CASE. 
          IT WAS WAIVED AND, UM, AND THAT WAS ABOUT ALMOST A YEAR AGO AND IT WAS WAIVED. 
          UM, IT WASN'T VERY CLEAR, BUT I THINK, UH, IT SHOULD BE POSTPONED. 
          SO ONE, UH, AN, AN ANALYSIS CAN BE DONE OF, UH, BUT SO IS THAT SOMETHING IN THE WORKS OR IS IT SOMETHING THAT NO, SIR, NO, SIR. 
          IT'S, UH, IT'S WAY THE, UH, IT'S WAIVED UNTIL A SITE PLAN IS GOING TO BE ISSUED. 
          OKAY. 
          SO POST BONDING TO NOVEMBER 9TH, ISN'T GOING TO GET US, IT'S GOING TO GET US A TRAFFIC IMPACT ANALYSIS PERFORMED, WHICH IS PART OF THE REQUIREMENT OF, UH, OF, UH, OF A REGION. 
          SO, SO YOU'RE THINKING THE NEXT COUPLE OF WEEKS IT CAN BE COMPLETED, I THINK EASILY. 
          YES, SIR. 
          AND I'M IN, UH, I'M IN DEVELOPMENT AND I'VE DONE THEM BEFORE. 
          OKAY. 
          SO, UM, CAN WE ASK STAFF IF THAT TIMING IS RIGHT? IS THERE SOMEBODY IN STAFF THAT CAN TELL US IS THIS IN-PROCESS IS, UM, UH, YEP. 
          YEP. 
          STAFF IS GOING TO COME UP. 
          OOPS, SORRY. 
          HI, UH, AMBER HUTCHINS AT THE AUSTIN TRANSPORTATION DEPARTMENT. 
          SO THE DETERMINATION WAS WAIVED OR DEFERRED TO THE SITE PLAN. 
          IT WASN'T RELATED TO THE DIRTY ART CENTER. 
          IT WAS RELATED TO THIS PARTICULAR TRACT. 
          IT'S OUR PREFERENCE THAT WE, WE LIKE TO ACTUALLY HAVE THE SITE AND THE ACCESS AND EVERYTHING KIND OF PLANNED OUT BEFORE WE REQUESTED TIA. 
          THAT BEING SAID, THIS SITE ONLY GENERATES 1,170 TRIPS CODE ONLY ALLOWS A TIA AT 2000. 
          SO WE WOULDN'T BE ABLE TO REQUEST A TIA AT THIS TIME ANYWAYS. 
          OKAY. 
          SO THERE'S NOT A TIA PROPOSED AT THIS POINT, CORRECT. 
          OKAY. 
          SO, UM, BACK TO THE REQUESTER, SO IT, I GUESS MY CONCERN IS I, I DON'T KNOW WHAT WAY TO NOVEMBER 9TH, CAUSE THERE'S NO PRODUCT COMING THAT YOU'RE REQUESTING. 
          UM, RIGHT. 
          WELL, IT WAS, UM, IT'S IN THE FILE THAT IT'S ACTIVELY BEING WAIVED AND THE AMOUNT OF TRIPS IS 250 RIGHT NOW. 
          AND, UM, LIKE I SAID, IT'S RIGHT AT THE CORNER OR THE END OF TOOMIANS THURSDAY. 
          UM, WHICH IS, WHICH IS A PRETTY IMPORTANT PART OF, OF, YEAH. 
          AND, AND I APPRECIATE, UM, YOU KNOW, LIKE, YOU KNOW, AS WE KIND OF LOOK INTO IT, BUT THAT'S WHEN WE WOULD BE DISCUSSING THE CASE, BUT IN THIS CASE HERE, I'M TRYING TO SEE IF WE NEED TO DELAY IT TO GET MORE DATA, IF NOT, THEN, YOU KNOW, POTENTIALLY WE SHOULD HEAR IT TO SEE MAYBE. 
          SURE, SURE. 
          UM, I ASKED, UM, LAST WEEK, UM, WHEN I ASKED FOR THE POSTPONEMENT, UM, THAT THE ANALYSIS BE DONE AND HOW FAST THAT CAN GET DONE, I THINK WOULD BE RELATIVELY QUICK. 
          AND IF IT'S NOT IN RELATION TO THE, TO THE DAC, UM, YOU KNOW, THIS IS AN MF SIX REZONE FOR, UH, 1100 OR SO UNITS, IF I'M NOT MISTAKEN OR I'M SORRY, 215 UNITS, 1,105 TRIPS. 
          GOTCHA. 
          AND, UM, AND SO, SO THOSE ARE MERITS OF THE CASE AND WE CAN'T DISCUSS THAT AT THIS POINT, SO WE CAN DISCUSS IT IF IT GOES INTO DISCUSSION, BUT YEAH, BUT JUST IN RELATION TO THE, TO THE TRAFFIC, RIGHT? LIKE IT'S, IT'S PRETTY CLEAR. 
          UM, AT LEAST FROM WHAT I CAN SEE THAT THE DEVELOPMENT, YOU KNOW, UM, IS THE TRAFFIC ANALYSIS 
          [00:25:01]
CAN BE PERFORMED WITHOUT HAVING TO HAVE A DESIGN OF WHAT THE MULTI MULTI-FAMILY UNIT STRUCTURE IS GOING TO BE. 
          SO THAT'S ONE OF MY QUESTIONS. 
          DO YOU HAVE ANY MORE? NOPE. 
          ALL RIGHT. 
          THANK YOU. 
          ALL RIGHT. 
          UH, COMMISSIONERS, I'M LOOKING AROUND THE ROOM. 
          ANYBODY ELSE WANT THE SECOND QUESTION? UH, I'M GOING TO GO TO NASA. 
          I DON'T SEE ANY HANDS. 
          SO I'LL GO AND TAKE THIS OPPORTUNITY. 
          SO FOR STAFF, UH, I HAVE A QUESTION AS TO THE PREVIOUS PUMPS PONED MINTS AND THE DATES OF THOSE POSTPONEMENTS AND WHO WHO'S SPECIFICALLY REQUESTED THEM. 
          IF WE HAVE THAT, I'M TRYING TO GET A SENSE OF DIFFERENT NEIGHBORHOOD GROUPS WERE INVOLVED, OR IF IT'S BEEN ONE NEIGHBORHOOD, UM, YOU KNOW, ASSOCIATION OR YES, GOOD EVENING COMMISSIONERS, KATE CLARK WITH THE HOUSING AND PLANNING DEPARTMENT, THIS CASE, WHICH WAS ORIGINALLY SCHEDULED FOR THE FIRST TIME ON JULY 13TH. 
          AND THAT WAS A POSTPONEMENT REQUEST BY THE ZILKER NEIGHBORHOOD ASSOCIATION. 
          THE SECOND POSTPONEMENT WAS ON JULY 27TH, AND I BELIEVE THAT ONE WAS BY MR. SEWELL, THE AUGUST 24TH PUBLIC HEARING. 
          UH, WE DID HAVE IT, HOWEVER, THAT WAS THE DAY THAT WE WERE HAVING TECHNICAL DIFFICULTIES. 
          AND YOU COULDN'T HEAR ME SPEAKING, UM, ON THE PHONE. 
          AND SO WE HAD TO CANCEL THAT PUBLIC HEARING ON SEPTEMBER 14TH. 
          UH, IT WAS BY THE BARTON TENANTS ASSOCIATION, OCTOBER 12TH WAS THE BARTON TENANTS ASSOCIATION. 
          AND THEN THIS EVENING IS MR. SEWELL AGAIN. 
          OKAY. 
          UM, QUICK QUESTION. 
          THANK YOU. 
          UM, AND THEN FOR MR. SEWELL, DO YOU, ARE YOU ASSOCIATED WITH ANY OF THESE OTHER GROUPS OR ARE YOU JUST, UM, AN INDIVIDUAL REQUEST? I'M SORRY. 
          I SHOULD HAVE INTRODUCED MYSELF, UH, TO BEGIN WITH, UM, I'M A TENANT ON THE PROPERTY. 
          UM, AND, UM, I AM A MEMBER OF CNA, A NEW, A RELATIVELY NEW MEMBER, UM, WITHIN THE YEAR. 
          UM, BUT, UM, YOU KNOW, MY FIRST POSTPONEMENT REQUEST WAS JUST WAS ASKING, UM, FOR A POSTPONEMENT. 
          SO FEDERAL OSHA INVESTIGATION COULD BE CONDUCTED, UM, OF A TREE REMOVAL THAT HAD BEEN PERFORMED. 
          SO, AND WE SAW THE BACKUP ON THAT, I GUESS. 
          UM, UM, SO YOU, YOU UNDERSTAND THAT WE TYPICALLY PROVIDE HONOR ONE FOR THE NEIGHBORHOOD, UH, AND THAT'S KIND OF THE STANDARD. 
          SO THIS ONE IS GONE. 
          I THINK ONE, TWO, THEY GOT A, GOT A FREEBIE THERE WITH THE TECHNICAL DISCIPLINE TECHNICAL DIFFICULTIES. 
          SO THIS ONE IS, I THINK, FAR EXCEEDED ANY NUMBER OF POSTPONEMENTS I'VE EVER SEEN. 
          I THINK I'VE BEEN HERE AS LONG AS MOST FOLKS HERE. 
          SO THIS IS A LARGE NUMBER OF POSTPONED AND YOU, YOU KNOW, UM, THERE'S OBVIOUSLY SOME SCRUTINY WITH THE CASE. 
          UH, I, YOU KNOW, I CAN ONLY SPEAK TO THE ONES THAT I'VE DONE. 
          I'M NOT A MEMBER OF, UH, BARTON TENANTS. 
          UM, I, YOU KNOW, I LIVED THERE, BUT YEAH. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          UM, I HAVE NO MORE QUESTIONS, SO WE HAVE ONE MORE SPOT, UH, FOR OTHER COMMISSIONERS. 
          OKAY. 
          I DON'T SEE ANY, DO WE HAVE A MOTION, UH, COMMISSIONER SHEA, I'LL MAKE THE MOTION TO DENY THE POSTPONEMENT. 
          OKAY. 
          DO WE HAVE A SECOND COMMISSIONER? UH, BIZARRE. 
          UH, OKAY. 
          UH, DO YOU WANT TO GO AND SPEAK TO YOUR MOTION? I THINK, UM, WE'VE BEEN THROUGH QUITE A FEW DIFFERENT, UH, POSTPONEMENTS ON THIS ONE AND A LOT OF THE, UH, INFORMATION THAT, UM, THE REQUESTER HAS BEEN BRINGING UP. 
          UM, I FEEL IT COULD BE DISCUSSED DURING THE CASE AND RE YOU KNOW, AND THE INFORMATION COULD COME UP FROM THERE TO HELP US DECIDE WHAT TO DO NEXT. 
          SO THERE'S NOTHING ELSE WE CAN DO, BUT REALLY CURE THE CASE AND, YOU KNOW, AND, AND THEN, UH, TAKE ACTION OF SOME SORT OF ANOTHER TO HELP FIGURE OUT THE NEXT STEPS. 
          OKAY. 
          COMMISSIONERS THAT ARE AGAINST, UH, EMOTION. 
          UM, ANDY'S THAT HE WANT TO SPEAK FOR AGAINST. 
          ALL RIGHT. 
          LET'S GO AND TAKE A VOTE, UH, THOSE ON THE DIOCESE, UH, GO AND RAISE THEIR HAND FOR THOSE IN FAVOR. 
          ALL RIGHT. 
          THAT'S EVERYONE DOES ON THE, UH, VIRTUAL WORLD. 
          UH, DOESN'T FAVOR AND FAVOR. 
          UH, OKAY. 
          THAT IS UNANIMOUS. 
          UH, SO WE ARE THE, THE MOTION TO DENY THE POSTPONEMENT, UH, WAS MADE BY COMMISSIONER SHAY SECONDED BY COMMISSIONER CZAR. 
          AND WE HAVE A UNIT ON THE UNANIMOUS VOTE TO DENY THAT. 
          SO WE'RE GOING TO HEAR IT THIS EVENING. 
          UH, AND THAT'S ITEM B ONE. 
          SO THAT'S, THAT WOULD BE NEXT, CORRECT. 
          MR. RIVERA. 
          SO WE'LL HAVE STAFF GO AHEAD AND, UH, GIVE US A SUMMARY OF THIS CASE. 
          [00:30:03]
GOOD EVENING COMMISSIONERS. 
          MY NAME IS KATE CLARK WITH THE HOUSING PLANNING DEPARTMENT, AND I'M PRESENTING ITEM V1 ON YOUR AGENDA. 
          THIS IS CASE NUMBER C 14 DASH 2021 DASH 0 0 0 9. 
          THIS PROPERTY IS LOCATED AT 1725 TUMI ROAD OUT THE SOUTH EAST INTERSECTION OF STAIRS AND STREET, AND TO ME ROAD, AND IT IS APPROXIMATELY 0.9 ACRES. 
          IT IS CURRENTLY ZONE C S AND DEVELOPED WITH AN EXISTING MULTIFAMILY DEVELOPMENT AND ASSOCIATED PARKING ADJACENT ZONING CONSISTS OF CS TO THE EAST AND SOUTH OF THE PROPERTY ACROSS STAIRS STREET TO THE WEST, R C S C S C O AND L OZONE TRACKS. 
          AND TO THE NORTH ACROSS TUMI ROAD IS THE BUTLER SHORES METRO PARK, WHICH IS ZONED P. 
          THE APPLICANT IS REQUESTING TO REZONE TO SEE US FROM  TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT. 
          WITH UP TO 215 UNITS, STAFF IS RECOMMENDING THE APPLICANT'S REQUEST REZONE TO NF SIX. 
          THIS PROPERTY IS LOCATED 320 FEET FROM BARTON SPRINGS ROAD. 
          AND JUST OVER A QUARTER OF A MILE FROM SOUTH LAMAR BOULEVARD, BOTH STREETS ARE IDENTIFIED IN THE AUSTIN STRATEGIC MOBILITY PLAN AS LEVEL THREE STREETS AND HAVE CAP METRO BUTTS ROUTES RUNNING ALONG THEM. 
          ONE OF WHICH IS A NATURAL RAPID HIGH-FREQUENCY ROUTE AND IS PROPOSED TO BE ENHANCED THROUGH PROJECT CONNECT. 
          SOUTH LAMAR BOULEVARD IS ALSO IDENTIFIED AS A CORE TRANSIT CORRIDOR AND THE LAND DEVELOPMENT CODE AND AN ACTIVITY CORRIDOR IN THE IMAGINE AUSTIN COMPREHENSIVE PLAN. 
          ADDITIONALLY, THIS PROPERTY IS ACROSS THE STREET FROM BUTLER SHORES, METRO PARK, AND IT'S WITHIN A QUARTER OF A MILE OF ZILKER PARK, THE BUTLER HIKE AND BIKE TRAIL, AND THE PFLUGER PEDESTRIAN BRIDGE REZONING. 
          THIS PROPERTY TO MSX WOULD BE CONSISTENT WITH THE PURPOSE STATEMENT OF THE ZONING DISTRICT. 
          IT WOULD ALSO PROVIDE INCREASED RESIDENTIAL OPPORTUNITIES NEAR SIGNIFICANT PUBLIC SPACES AND WITHIN WALKING DISTANCE OF EXISTING AND PLANNED TRANSIT CORRIDORS. 
          THANK YOU. 
          THAT CONCLUDES MY SUMMARY. 
          AND I'M HERE. 
          IF YOU HAVE ANY QUESTIONS, WE'RE HERE FROM MS. MENDEZ, UH, MS. OR YOU'LL HAVE FIVE MINUTES. 
          THANK YOU. 
          I DO BELIEVE I HAD A LITTLE BIT OF TIME DONATED TO ME. 
          THIS IS MISS AMY. 
          ARFON PRESENT. 
          I'M SORRY. 
          Y'ALL HAVE EIGHT MINUTES. 
          THANK YOU. 
          AND I DID HAVE A PRESENTATION. 
          IT HAS A BLACK SCREEN ON IT. 
          THIS IS THE FIRST TIME I'VE GOTTEN TO DRIVE MY OWN PRESENTATION IN A YEAR AND A HALF. 
          IT'S REALLY GREAT TO SEE ALL OF YOU IN PERSON AND NOT HAVE TO SAY NEXT SLIDE. 
          YOU CAN STILL SAY NEXT SLIDE IF YOU'D LIKE, JUST SO DON'T GET TOO COMFORTABLE. 
          UM, GOOD EVENING EVERYBODY. 
          MY NAME IS AMANDA SWORE. 
          I'M HERE THIS EVENING REPRESENTING THE PROPERTY OWNERS FOR 1725. 
          TUMI ROAD IS STAFF MENTIONED THIS PROPERTY IS JUST UNDER AN ACRE AND IT SITUATES I'M A VISUAL PERSON. 
          SO IT SITUATES ON THE SOUTHEAST CORNER OF . 
          AND TO ME, UH, THE PROPERTY IS CURRENTLY ZONED TO CSS. 
          UM, BUT AS I MENTIONED, IT IS IN THE WATERFRONT OVERLAY. 
          THEREFORE, THE PROPERTY, EVEN THOUGH IT IS CS, IT DOES HAVE THE RIGHT TO DEVELOP RESIDENTIAL PROPERTIES TODAY. 
          GIVEN, GIVEN THE OVERLAY I COVERED MOST OF THIS, UM, AGAIN, THE SITE IS JUST UNDER AN ACRE. 
          IT IS LOCATED IN THE WATERFRONT OVERLAY, BUT MOST IMPORTANTLY, IT HAS CURRENTLY DEVELOPED TODAY WITH 39 MULTI-FAMILY RESIDENTIAL UNITS. 
          UM, THESE PROPERTIES HAVE BEEN AROUND FOR A LONG TIME. 
          THEY WERE BUILT IN THE, IN THE SEVENTIES AND THEY ARE IN A AREA OF TOWN THAT IS LOOKING TO REDEVELOP. 
          AND SO THAT IS REALLY WHERE THIS, UH, THIS REZONING CAME FROM. 
          AS THESE PROPERTIES WERE STARTING TO END THE TERM OF THEIR LIFE. 
          AS I MENTIONED, THIS PROPERTY IS WITHIN THE BUTLER SHORES SUB-DISTRICT OF THE WATERFRONT OVERLAY AND THE BUTLER SHORE SUB DISTRICT HAS TWO SETBACKS, A PRIMARY SETBACK, AND A SECONDARY SETBACK. 
          THIS PROPERTY DOES HAVE A PRIMARY SETBACK OF 35 FEET ON IT. 
          WE ARE NOT REQUESTING ANY MODIFICATIONS TO THE WATERFRONT OVERLAY. 
          AND I WANT TO SAY THAT AGAIN, OFTENTIMES, UM, PROPERTIES THAT HAVE COME IN AND THE WATERFRONT OVERLAY AND REQUESTED ADDITIONAL HEIGHT HAVE DONE THROUGH DONE SO THROUGH A PUD PROCESS. 
          AND IF REQUESTED MODIFICATIONS TO THE WATERFRONT OVERLAY, THIS PROJECT WILL BE FULLY COMPLIANT WITH THE WATERFRONT OVERLAY REGULATIONS. 
          THE REQUEST IS ALSO CONSISTENT WITH THE MAXIMUM HEIGHT ALLOWED IN THE WATERFRONT OVERLAY. 
          SO OUR REQUESTED REZONING IS FOR MF SIX, WHICH HAS A MAXIMUM HEIGHT OF 90 FEET SINCE ITS INCEPTION. 
          THE WATERFRONT OVERLAY HAS HAD A MAXIMUM HEIGHT OF 96 FEET. 
          UH, AGAIN, OUR REQUEST IS FOR YOU TO SUPPORT STAFF'S RECOMMENDATION OF MF SIX WITH THIS PROJECT BEING LESS THAN A MILE FROM THE NEW PROPOSED RAIL STOP AND IN CLOSE PROXIMITY TO EXISTING TRANSIT. 
          I WANT TO TAKE THE REST OF MY TIME. 
          UM, OH WAIT, I WANT TO HIT THIS, SORRY. 
          THIS IS WHAT HAPPENS WHEN YOU DRIVE YOUR OWN PRESENTATION. 
          SO, UH, THE PROPOSED PROJECT 
          [00:35:01]
IS FOR 215 MULTI-FAMILY RESIDENTIAL UNITS, AS, AS WE'VE TALKED ABOUT, AND YOU'VE HEARD FROM STAFF WITH THE LOCATION TO TRANSIT INTO PARKS, WE ARE PROPOSING TO UNDER PARK THIS PROJECT. 
          SO TO REALLY TAKE ADVANTAGE OF THE TRANSIT THAT'S THERE. 
          SO WE ARE PROPOSING APPROXIMATELY 215 MULTI-FAMILY RESIDENTIAL UNITS AND WOULD BE PARKING AT, UNDER, UH, UNDER A SPACE PER UNIT. 
          WE HAVE, UM, SPENT A LOT OF TIME WITH THE VARTAN TENANTS ASSOCIATION. 
          I WANT TO SAY THIS PUBLICLY NOW. 
          AND IN MANY TIMES THEY HAVE GONE ABOVE AND BEYOND ON THEIR PERSONAL TIME TO MEET WITH US IN THE EVENINGS ON THE WEEKENDS TO GET TO A PLACE WHERE WE ARE IN AN AGREEMENT WITH THE TENANTS ON WHAT A RELOCATION WOULD LOOK LIKE. 
          AND SO I'M GOING TO, I'M GOING TO RUN THROUGH THESE, IF THERE'S ANY SPECIFIC QUESTIONS, PLEASE LET ME KNOW, BUT WE HAVE AGREED TO A MINIMUM OF A HUNDRED AND DAY, 180 DAY NOTICE OF PROPOSED DEMOLITION ON THE PROPERTY, WHETHER THAT'S, UM, IN, IN THREE YEARS OR NOW WE'VE, WE'VE AGREED TO MEET THAT, THAT NOTIFICATION, AND ALSO PROVIDED AN ADDITIONAL 90 DAY NOTIFICATION UPON THAT 90 DAY NOTIFICATION, THE TENANTS THAT ARE, UM, CURRENT TENANTS TODAY THAT ARE STILL IN THE PROPERTY WILL NOT PAY RENT, UM, FOR THAT, FOR THE NEXT 90 DAYS. 
          IN ADDITION, ONCE THAT INITIAL HUNDRED AND 80 DAY NOTIFICATION HAS GIVEN ANY TENANT THAT WANTS TO TERMINATE THEIR LEASE, UH, MAY DO SO WE WILL, WE WILL ALSO NOT TERMINATE LEASES FROM THE TIME, UM, THAT THE MEMORANDUM OF UNDERSTANDING WAS SIGNED EARLIER TODAY WITH THE TENANTS, UM, WITHOUT GOOD. 
          CAUSE WE ALSO HAVE AGREED THAT THERE WILL BE NO RENT INCREASE, UM, MORE THAN 10% PER YEAR. 
          THESE UNITS ARE. 
          UM, THERE'S A LOT OF TENANTS THAT HAVE BEEN HERE A LONG TIME. 
          AND A LOT OF THESE LEASES ARE AT, UH, AT BELOW WHAT A MARKET RENT PROJECT COULD GET HERE. 
          SO WE'VE AGREED THAT WE WOULDN'T TOMORROW RAISE THESE RENTS TO, TO CURRENT MARKET, WHICH WOULD PRICE OUT MANY OF THE TENANTS. 
          WE'VE ALSO AGREED TO REFUND ALL SECURITY AND PETS DEPOSITS PRIOR TO DEPARTURE, UM, TO PAY FOR $500 IN MOVING EXPENSES AND $250 IN ADMINISTRATIVE FEES, WHICH COVERS, UM, APPLICATIONS, ALL, ALL OF THOSE THINGS. 
          IN ADDITION, WE'VE AGREED TO PAY THE FIRST MONTH'S RENT, UM, FOR ANY TENANT AT THE NEW LOCATION. 
          UH, I MENTIONED THE NO PENALTY FOR EARLY DEPARTURE AND THE ONCE THE NEW PROJECT IS BUILT THE RIGHT TO RETURN FOR ANY OF THE TENANTS THAT ARE CURRENTLY THERE TODAY. 
          WE'VE ALSO TALKED ABOUT WHAT A FUTURE PROJECT LOOKS LIKE AND WORKED WITH THEM TO COME UP WITH AN AFFORDABLE HOUSING PROPOSAL FOR THE PROJECT. 
          SO WITH THAT, WE ARE PROPOSING TO RESERVE 12% OF THE NEW UNITS AT 80% MFI FOR A RENTAL PROJECT, WHICH IS WHAT WE'VE BEEN PROPOSING. 
          IF THIS WERE TO TURN TO A CONDO PROJECT, IT WAS ONE OF THE THINGS THAT THE TENANTS WANTED TO ADDRESS WAS THAT 5% OF THOSE NEW UNITS WOULD BE RESERVED AT 80% MFI. 
          AND SO WITH THAT, I'M HAPPY TO STOP AND ANSWER ANY QUESTIONS THAT THERE MIGHT BE. 
          UM, I DO HAVE THE REPRESENTATIVE FROM THE OWNER HERE, IF THERE ARE ANY SPECIFIC QUESTIONS AND WE AGAIN, REQUEST YOUR SUPPORT FOR STAFF'S RECOMMENDATION. 
          THANK YOU. 
          NOW WE'LL HEAR FROM MR. DAVID PIPER, MR. PIPER YOU'LL HAVE FIVE MINUTES. 
          UM, DAVID PIPER, THE SECRETARY OF THE ZILKER NEIGHBORHOOD ASSOCIATION. 
          SO THIS ZONING CASE IS EXACTLY WHAT THE WATERFRONT OVERLAY WAS CREATED TO PROTECT AGAINST A TALL BUILDING THAT WOULD LOOM OVER BARTON CREEK. 
          AND THERE WAS A PICTURE IN THE BACKUP MATERIAL OF WHAT THAT WOULD LOOK LIKE FROM LOU NEFF POINT. 
          PLEASE NOTE THAT THE WATERFRONT ZONING HEIGHT LIMIT IS THE LOWER OF 96 FEET OR THE BASE ZONING, WHICH IS 60 FEET. 
          IN THIS CASE, TWO BUILDINGS IN BUTLER SHORES HAVE 96 FEET ZONING, BUT THEY'RE BOTH PUDS, WHICH IS VERY DIFFERENT THAN MF SIX. 
          OWNING THOSE PUDS ARE DIRECTLY ON SOUTH LAMAR BOULEVARD AND WE'RE REQUIRED TO PRO PROVIDE EXTENSIVE PUBLIC BENEFITS, SUCH AS OPEN SPACE, MIXED USE PUBLIC ACCESS. 
          THE BARTON PLACE CONDOS ARE 75 FEET IN THE REAR, BUT THE OWNERS OF THAT PROJECT TRADED ARE 15 FEET OF EXTRA HEIGHT AT THE BACK OF THE BUILDING FOR KEEPING THE FRONTAGE ON BARTON SPRINGS ROAD. 
          AT TWO STORIES. 
          IN ADDITION, THEY CONTRIBUTED TO PUBLIC USE TRAIL TO CONNECT BARTON SPRINGS ROAD WITH TUMI ROAD. 
          ALSO, THOSE DEVELOPERS KICKED IN ENOUGH AFFORDABLE HOUSING MONEY TO THE MARY LEE FOUNDATION, JUST UP THE ROAD THAT ALLOWED THEM TO LEVERAGE FEDERAL DOLLARS AND RENOVATE THE FOUNDATION'S ENTIRE CAMPUS. 
          1725 TUMI CASE APPEARS TO BE PURELY SPECULATIVE ZONING. 
          THE ONE ACRE PROPERTY IS LISTED FOR $32 MILLION LIKELY IN ANTICIPATION OF GETTING 50% HEIGHT INCREASED, UH, ALLOWED BY MF SIX, GRANTING  ZONING WOULD JUMP THE PRICE OF ALL THE OTHER DEVELOPABLE PROPERTIES, LONG TUMI ROAD AND BARTON SPRINGS ROAD, SUCH AS THE SHADY 
          [00:40:01]
GROVE PROPERTY, THE PECAN GROVE TRAILER COURT, AND THE ICONIC RESTAURANTS THAT HAVE COME TO DEFINE THE AREA. 
          THE CITY NEEDS AFFORDABLE HOUSING. 
          WE CAN GET SO MUCH MORE PUBLIC GOOD OUT OF DEVELOPABLE LAND THAN MF SIX PROJECTS THAT UNDERCUT OPTIONS SUCH AS AFFORDABILITY UNLOCKED VMU AND OTHERS. 
          FOR EXAMPLE, THERE'S A PROJECT IN THE WORK SET 2001 SOUTH LAMAR FOR A 453 UNIT MULTIFAMILY DEVELOPMENT WITH 227 AFFORDABLE UNITS, SMART HOUSING CERTIFICATION LETTER FOR THAT PROJECT STATES THAT 92 OF THE UNITS WILL SERVE HOUSEHOLDS AT 50%, 50% MFI AND 90 WILL SERVE HOUSEHOLDS AT 60% MFI. 
          SO THAT IS WAY LOWER. 
          AND THAT'S WHAT'S HAPPENED IN ALONG LAMAR AND THIS AREA DOWN AND DOWN THROUGH THERE. 
          NOW, THE THERE'S PEOPLE GOING REALLY LOW, UM, MFI, AND WE WANT TO SEE THAT CONTINUE. 
          UM, THE AFFORDABILITY ON LOCKED APPLICATION FOR THAT PROJECT ALSO INDICATES THAT FOR THE ONE I WAS JUST TALKING ABOUT AT LEAST 25% OF THOSE UNITS, AFFORDABLE UNITS TO BE AVAILABLE FOR OLDER PERSONS, THAT'S THE TYPE OF HOUSING AUSTIN NEEDS. 
          IF THIS MF SIX REZONING AT, UH, TUMI ROAD GOES THROUGH AND GIVES WHITE THE HEIGHT BONUS, WE SHOULD EXPECT NEW INVESTORS TO FORGO VMU AND SMART HOUSING APPLICATIONS. 
          INSTEAD FILE FOR MS. SIX REZONING WITH ZERO VERY LITTLE AFFORDABILITY REQUIREMENTS. 
          WHY WOULD INVESTORS PROVIDE AFFORDABILITY IF THEY CAN GET INCREASED ENTITLEMENTS WITHOUT HAVING VMU OR SMART HOUSING? IN ADDITION TO THE 2 27 AFFORDABLE UNITS I MENTIONED EARLIER, THERE'S ALSO THE, I HAVE A LIST OF JUST ALL SORTS OF AFFORDABLE UNITS. 
          SO I'M NOT GOING TO READ THEM HERE IN SAKE OF TIME IN THE AREA THERE, UM, DEEPLY AFFORDABLE UNITS THAT ARE GOING IN TO FOUNDATION COMMUNITIES OF, YOU KNOW, VIEWS BEING USED FOR THE BIDDLE. 
          A UNLOCKED IS BEING USED FINALLY UP THROUGH THERE. 
          SO OBVIOUSLY THESE OPTIONS ARE NOT A FIT FOR THE CURRENT OWNERS PLANS AT 1725 TO ME, HOWEVER, THE CITY IS NOT OBLIGATED TO FACILITATE SPECULATIVE REAL ESTATE INVESTMENTS. 
          IF THEY'RE NOT IN THE PUBLIC INTEREST, URGE YOU TO VOTE AGAINST THIS REZONING CASE AND ALLOW BETTER PROJECT TO EMERGE IS MORE IN LINE WITH THE PUBLIC INTEREST, OTHER VIABLE, RELATIVELY NEW RESIDUE, RESIDENTIAL PROJECTS, LITERALLY NEXT DOOR TO 1725 TO ME WERE BUILT AT 60 FEET. 
          THERE'S NO GOOD REASON TO GRANT A 50% HEIGHT INCREASE AT THIS LOCATION, WHICH HAS SET A PRECEDENT FOR THE AREA AND LEAD TO MUCH HIGHER HOUSING PRICES IN THE AFTERMATH AND QUASH, ANY HOPE FOR VMU OR AFFORDABILITY ON LOCK OPTIONS IN BUTLER SHORES AND NEARBY. 
          THANKS. 
          WELL, I'LL HEAR FROM MR. BILL BUNCH, MR. BUNCH, YOU DON'T HAVE THREE MINUTES. 
          MR. BUNCH. 
          YOU HAVE THREE MINUTES WHEN I'LL HEAR FROM MR. DAN C. 
          WELL, MR. C, WELL, YOU'LL HAVE THREE MINUTES. 
          THANK YOU. 
          UM, I'D LIKE TO STATE THAT ALL OF THOSE CONCESSIONS THAT, UM, THE APPLICANT SHOWED ON THE SCREEN, THERE WERE NOT MADE UNTIL AFTER I HAD, UH, GOTTEN THE POSTPONEMENT FOR, UH, THIS CASE. 
          AND, UM, AND OBVIOUSLY WOULDN'T HAVE BEEN, UM, HAD NOT GOTTEN THE POSTPONEMENT, UM, ENDED ALL, YOU KNOW, THE WAY THIS WENT DOWN. 
          IT'S BASICALLY, AND I SEE THAT KEITH MARS THIS YEAR DIVISION MANAGER OF THE, UH, ARBORIST DEPARTMENT. 
          UM, BUT THE REDEVELOPMENT OF THIS SITE WAS, IS SOLELY BASED OFF THE REMOVAL AND ILLEGAL REMOVAL I WILL SAY OF, UH, BY WITHHOLDING, UM, TO OBTAIN A PERMIT. 
          UH, AND THAT WAS THE ONE THING THAT WAS PROTECTING THIS SITE FROM REDEVELOPMENT, FROM AN ECONOMIC STANDPOINT. 
          AND, UM, YOU KNOW, THEY, YOU KNOW, IT, THE WAY THIS WHOLE PROCESS HAS GONE DOWN HAS BEEN, UH, HAS BEEN ONE OF JUST, UH, QUIET AND DO IT AS QUICK AS POSSIBLE. 
          AND WE DID NOT KNOW OF A TREE REMOVAL PERMIT UNTIL, YOU KNOW, UH, THE LEGAL 24 HOURS BEFORE. 
          [00:45:01]
AND IT WAS PERFORMED, YOU KNOW, ABOVE OUR HEADS, MOST DANGEROUS JOB SITE I'VE EVER SEEN. 
          AND I'VE, YOU KNOW, WORKED ON SOME OF THESE HOTELS HERE, UM, YOU KNOW, AND, YOU KNOW, IT'S, IT'S, UH, I'LL, I'LL LET KEITH SPEAK TO SOME MORE OF THE DETAILS OF IT, BUT, UM, I'M GLAD HE'S HERE. 
          AND, AND IT WASN'T EASY JUST TO, TO, TO GET WHAT I HAD, UH, FROM HIM, NOT FROM HIM PERSONALLY, BUT TO GET TO HIM IN, THROUGH THE, THROUGH THE BUREAUCRACY. 
          UM, THE, THE CONCESSIONS THAT WERE, THAT WERE ALSO SHOWN, UH, WERE JUST AGREED UPON AN HOUR AGO, TWO HOURS AGO. 
          AND SO IT'S BEEN A VERY, YOU KNOW, TO THE LAST MINUTE, UM, YOU KNOW, UH, ARE YOU GOING TO MAKE, ARE YOU GETTING, ARE YOU NOT? AND, UH, IT WAS A PUSH JUST TO GET THOSE AND A REASON I'M NOT ACCEPTING THEM IS BECAUSE, UH, YOU KNOW, THIS PROPERTY WAS BOUGHT FOR 7.3 MILLION AND S UH, AS MR PIPER SAID, I BELIEVE 32 MILLION. 
          AND THE ONLY DIFFERENCE IN THE, IN THE, IN THE, IN THE ENTIRE THING IS WHO THE OWNER IS. 
          AND THE TREE BEING REMOVED, UH, 200, ALMOST 200 YEAR OLD, UH, PECAN HERITAGE PROTECTED PECAN TREE. 
          UM, THAT WAS ONE OF THE TALLEST AND OLDEST THAT AUSTIN HAD. 
          AND, UM, AND, AND AGAIN, I'LL LET KEITH MAHER SPEAK TO THAT, BUT, UM, THOSE ARE THE ONLY TWO DIFFERENCES IN THE PROPERTY, UM, IN ONE YEAR. 
          AND, AND, UM, YOU KNOW, I CAN SPEAK TO THE REZONING ITSELF, BUT, UH, THE FACT IS I'M A BUILDER AND I'M, I'M PRO DEVELOPMENT. 
          I'M PRO DEVELOPMENT. 
          I'M ALSO PRO TREE. 
          AND, AND I THINK WE CAN BE BOTH. 
          UM, THE, UM, UH, THE APPLICANT ON THIS CASE, UH, LAW FIRM, UH, SPECIALIZES IS A REAL ESTATE LOSS FIRM THAT SPECIALIZES IN TREE PERMITS. 
          AND, UM, YET SHE, AND, AND THIS, THIS TREE PERMIT WAS APPROVED AND THEN A WEEK AND A HALF LATER, THIS PERMIT TO REZONE WAS, WAS FILED AND, UM, NEGLIGENCE AT BEST. 
          IS THAT MY TIME? YEAH, THAT'S YOUR TIME. 
          THANK YOU. 
          SO THANK YOU. 
          WELL, NOW I HEAR FROM MR. WILLIAM MCWANE MR. QUINN, YOU'LL HAVE THREE MINUTES. 
          COMMISSIONERS. 
          THANK YOU FOR THE OPPORTUNITY. 
          THANK YOU FOR YOUR SERVICE VIRTUALLY AND IN PERSON. 
          UM, MY NAME IS WILLIAM QUINN. 
          I AM A 38 YEAR RESIDENT OF AUSTIN. 
          UM, I HAVE DEEP CONCERNS ABOUT THIS PROPOSAL, AND I AM DISAPPOINTED IN THE STANCE OF THE DEDICATED AND CLI, UH, VERY HIGHLY QUALIFIED CITY STAFF THAT OFFERS SUPPORT TO SOMETHING THAT EXCEEDS THE WATERFRONT OVERLAY LIMIT OF 60 FEET. 
          I THINK IT'S A LITTLE BIT DUPLICITOUS TO SAY IT'S UNDER THE 96 FEET. 
          WHEN, AS MR. PIPER POINTED OUT, WHAT IS, WHAT IS SPECIFIED IS THE LOWER OF TWO THAT TELLS ME SOMETHING, BUT I DO NOT WANT TO IMPUGN ANYBODY'S MOTIVE HERE. 
          IT GIVES ME GREAT CONCERN. 
          I APPRECIATE YOUR CONSIDERATION OF THIS, AND I URGE YOU TO DENY THIS APPLICATION. 
          WELL, I'LL HEAR FROM MR. RANDY. 
          HIDAD MR. DODD, YOU HAVE THREE MINUTES. 
          GOOD EVENING. 
          MY NAME IS ANDY HIDAD. 
          I'M NOT CURRENTLY A PART OF ANY NEIGHBORHOOD GROUPS. 
          I'M JUST A CITIZEN WHO GOT A NOTICE IN HER MAILBOX AND DECIDED TO GET INVOLVED. 
          I HAVE LIVED IN AUSTIN FOR THE MAJORITY OF MY LIFE, AND I TAKE PRIDE IN HOW WELL AUSTIN INCORPORATES NATURE INTO THE BURSTING CITY LANDSCAPE. 
          I RECENTLY MOVED TO THE ZILKER NEIGHBORHOOD. 
          I FEEL VERY PRIVILEGED TO LIVE THERE, AND I FEEL I HAVE TRULY FOUND THE PEOPLE WHO REFLECT WHAT AUSTIN HAS ALWAYS BEEN TO ME. 
          I GREW UP IN AUSTIN. 
          I COMPLETED ALL MY SCHOOLING IN AUSTIN FROM KINDERGARTEN THROUGH COLLEGE, WITH ITS AUSTIN, WITH ITS QUIRKY, CONSIDERATE, AND KIND WEIRDOS HAS SHAPED ME INTO WHO I AM TODAY. 
          I WOULD ASK THE PLANNING COMMISSION TO CONSIDER WHO THIS REZONING BENEFITS IN THE LONG-TERM DOES IT BENEFIT THE CURRENT RESIDENTS OF 1725. 
          TO ME AUSTIN'S WHO HAVE BEEN INVESTING AUSTINITES EXCUSE ME, WHO HAVE BEEN INVESTING IN THE COMMUNITY FOR DECADES WHO ARE BELOVED ELDERLY TEACHERS AND PEOPLE WHO ARE WORKING IN IMMIGRANT AND REFUGEE RESETTLEMENT NONPROFITS, DOES IT BENEFIT THOSE WHO SEEK TO FIND TRANQUILITY OFF OF TINY TUMI? THOSE AUSTINITES WHO USE OUR STREET TO BE ABLE TO ACCESS THE WONDERFUL PARKS, TRYING TO MANEUVER THEIR CARS, TO FIND PARKING ON THE SKINNY ROADS OF 2 MILLION STERLING STORES SAYING WE'RE AN INCREASE 
          [00:50:01]
IN CARS WOULD CAUSE AN INCREASE IN POLLUTION AND DECREASE IN THE VALUE OF THE PARKS. 
          DOES IT BENEFIT THOSE LIVING ON THE REST OF, TO ME, MYSELF INCLUDED THOSE WHO WOULD BE INUNDATED WITH EVEN MORE TRAFFIC NOISE POLLUTION FROM DEMOLITION AND CONSTRUCTION. 
          IF ADDITIONAL UNITS ARE ADDED TO OUR LITTLE BLOCK, I WOULD ARGUE THAT NONE OF THESE PEOPLE WOULD BENEFIT FROM THIS REZONING. 
          THE MAIN BENEFACTOR OF THIS REZONING WOULD BE THOSE WHO SEEK SIMPLY TO TURN A PROFIT. 
          THE HYPOTHETICAL NEW BUILDING WOULD LOOM OVER THE PARK, A BLIGHT ON THOSE WHO ARE LOOKING TO ENJOY THE NATURE THAT AUSTIN HAS TO OFFER. 
          IF THE CURRENT BUILDING WERE TORN DOWN, A UNIQUE BUILDING WOULD YET AGAIN, BE REPLACED BY A BORING HIGH RISE FILLED WITH TECH TRANSPLANTS WHO CARE LITTLE ABOUT PRESERVING. 
          WHAT MAKES AUSTIN UNIQUE, THIS REQUEST, REEKS OF GREED, AND AS THE ANTITHESIS ANTITHESIS OF WHAT I KNOW AUSTIN TO BE, WE CLAIM THAT AUSTIN SHOULD BE KEPT WEIRD, AND YET WE ARE MOVING FURTHER AND FURTHER AWAY FROM THAT GOAL. 
          WITH THESE NEEDLESS HIGH RISE MONSTROSITIES, PLEASE DO NOT GRANT THIS REQUEST FOR THE REZONING. 
          PLEASE ACT IN THE INTEREST OF THOSE WHO HAVE CALLED AUSTIN HOME FOR DECADES, AND THOSE WHO MIGHT VISIT OUR CITY AND APPRECIATE THE NATURE AND THE WEIRDEST WE CANNOT LOSE. 
          WHAT MAKES AUSTIN SO GREAT IN THE FACE OF GREED? WE CAN NOT BEND TO THOSE THAT WOULD SEEK TO TEAR DOWN OUR HISTORY. 
          THANK YOU. 
          SURE. 
          THAT CONCLUDES THE SPEAKERS PROPOSITION, WHO WILL NOW HEAR FROM THE APPLICANTS ON REBUTTAL FOR THREE MINUTES. 
          I BELIEVE THERE'S SOME SPEAKERS IN SUPPORT OF THE PROJECT AS WELL. 
            SURE MY APOLOGIES. 
          WE'LL HEAR FROM MR. MIKE MARTINEZ, CHARLES KAY COPS. 
          GOOD EVENING EVERYONE. 
          UH, MY NAME IS CHARLES COX. 
          I'M A TENANT AT 1 7 2 5 TUMI ROAD. 
          UH, I AM HERE TO REPRESENT THE BARTON TENANTS ASSOCIATION, UH, AS MS.  POINTED OUT DURING HER PRESENTATION, WE HAVE NEGOTIATED OVER THE COURSE OF THE PAST SEVERAL MONTHS TO REACH AN AGREEABLE, UM, SET OF TERMS AND CONDITIONS THAT WOULD DICTATE OUR DISPLACEMENT FROM THE PROPERTY, UH, IF THIS REZONING WERE TO GO THROUGH. 
          AND SO I'M JUST HERE TO VOUCH ON THE BEHALF OF THAT, THAT THE BARTON SPRINGS TENANTS ASSOCIATION, THAT WE ARE NOT IN OPPOSITION TO THE REZONING. 
          THAT'S ALL I HAVE TO ADD. 
          THANK YOU. 
          SHOULD I REFRESHING THE SPEAKER LIST IS MR. MARK AND ADD-ON PRESENT I'M ALSO A TENANT AT A 1720 TIME. 
          SURE. 
          I BELIEVE THAT CONCLUDES THE SPEAKERS WILL NOT HEAR FROM MS. SOAR. 
          MR. ROY MARTIN RAY MARTINEZ. 
          UH, HELLO COMMISSION. 
          MY NAME IS RUDY MARTINEZ. 
          I WORK WITH PASTA, UH, BUILDING AND STRENGTHENING TENNIS ACTION, AND I'VE BEEN HELPING OUT THE GOOD FOLKS AT THE PARDON TENANTS ASSOCIATION. 
          AND SO I'D LIKE TO SPEAK A BIT ABOUT, UM, YOU KNOW, THE PROCESS THAT'S BEEN GOING THROUGH AND HOW TENANTS HAVE BEEN WORKING TOGETHER, UM, TO COME TO AN AGREEMENT WITH THE, UM, UH, DEVELOPERS AND THE APPLICANT AND HOW THAT PROCESS HAS GONE. 
          AND, YOU KNOW, WHEN THE TENANTS FIRST REALLY NOTICED WHAT WAS GOING ON, THEY WERE VERY CONCERNED AND THEY BEGAN TALKING TO THEIR NEIGHBORS. 
          UH, MARK OVER HERE WAS HANDING OUT FLYERS AND KNOCKING ON ALL OF HIS NEIGHBORS DOORS. 
          AND, YOU KNOW, WHEN WE CAME IN, WE LINKED UP AND STARTED WORKING TOGETHER. 
          AND IN THAT PROCESS, UM, WE FORMED THE BARDEN TENTS ASSOCIATION AND BEGAN, UH, OPENING UP THE DISCUSSIONS WE SURVEYED, UH, AS MANY UNITS AS POSSIBLE, ASK THEM VERY SPECIFIC QUESTIONS AS TO WHAT THEY WANTED, UM, IN SOME KIND OF NEGOTIATION WITH THE APPLICANT, UH, AND WHAT WE REALLY CAME DOWN TO. 
          AND I THINK THIS REALLY SHOWS THE, UM, YOU KNOW, THE, THE NATURE OF GOOD CITIZENS HERE AT THE BARTON TENANTS APARTMENTS, WHICH IS THAT THEY TALKED ABOUT AFFORDABLE HOUSING AND PROTECTIONS FOR THE, UM, FOR THEMSELVES AND FOR THEIR NEIGHBORS THAT WOULD LET THEM LIVE HERE AS LONG AS POSSIBLE, AND THEN MAKE SURE THAT THEY ARE TAKEN CARE OF IN THE FUTURE. 
          [00:55:01]
UH, AS WE'VE GONE THROUGH THAT PROCESS, YOU KNOW, IT'S, IT'S BEEN A LONG OOP BRAF TIME. 
          THANK YOU. 
          OKAY. 
          UNLESS THERE WAS ANY OTHER ADDITIONAL SPEAKERS, ONE OUT HERE FOR MS. SUAREZ, THREE MINUTES, THANK YOU. 
          AT CHEERING COMMISSIONERS, I WOULD JUST FOLLOW UP ON THE, REALLY THE WATERFRONT OVERLAY AND WHAT IT IS MEANT TO BE, AND WHAT IT DOES HERE IN THIS PROPERTY IS IN THE WATERFRONT OVERLAY. 
          IT HAS A CSA OWNING, BUT IT HAS BY RIGHT, THE ABILITY TO DEVELOP WITH RESIDENTIAL THAT WOULD HAVE NO AFFORDABLE HOUSING IN IT. 
          IT WOULD HAVE THE ABILITY TO KEEP THE 95% IMPERVIOUS COVER AND COULD ALL BE DONE BY RIGHT TODAY. 
          AND SO WE WORKED REALLY HARD TO GET TO A POINT, UM, AGAIN, WITH THE TENANTS WITH IT, WE WERE, WE'RE REALLY EXCITED TO BRING THAT PACKAGE FORWARD. 
          UM, WE ALSO HAVE, UH, WITH THIS REZONING AND THERE WAS SOME TALK ABOUT, UM, YOU KNOW, THE, THE PARKS AND ALL OF THOSE PIECES. 
          THIS WILL ACTUALLY REDUCE THEM. 
          PERVIOUS COVER MF SIX HAS A LOWER IMPERVIOUS COVER THAN SIESTAS IN THE WATERSHED. 
          I KNOW THAT THERE WAS SOME QUESTIONS ABOUT THAT IN THE BACKUP AND IN STAFF DIDN'T MENTION IT, BUT I WANTED TO MAKE SURE THAT I DID. 
          AND WE'RE ALSO, IT WAS A CITY THAT'S IN A HOUSING CRISIS. 
          AND IF WE DON'T WANT TO PUT HOUSING IN A LOCATION THAT HAS PROXIMITY TO TRANSIT, UM, I'M NOT EXACTLY SURE WHERE IT GOES IN AN ABILITY TO VOLUNTARILY PROVIDE AFFORDABLE HOUSING THAT WOULD OTHERWISE NOT BE ANY FOR A PROJECT THAT IN THE REALITY, UM, IS NOT GOING TO STAY HERE LONGTERM. 
          IT IS A PROJECT THAT IS INDIGENOUS LIFESTYLE. 
          SO WITH THAT, I'M HAPPY LIFE, TIME, NOT LIFESTYLE WITHOUT, I'M HAPPY TO PAUSE AND ANSWER ANY QUESTIONS. 
          THANK YOU FOR YOUR TIME. 
          THANK YOU VERY MUCH. 
          UM, WE'RE GOING TO GO AHEAD AND, UH, DO WE HAVE COMMISSIONER, UH, CLOSE PUBLIC HEARING? UH, MR. HEMPHILL, YOU GOT A SECOND, UH, COMMISSIONER SCHNEIDER. 
          UH, LET'S GO AND VOTE ON CLOSING THE HEARING. 
          UH, THAT'S ON THE DAYAS THAT'S EVERYONE AND THOSE VIRTUALLY THAT IS EVERYONE. 
          SO, UM, LET'S PUBLIC HEARING, UH, FIRST COMMISSIONER WITH THE QUESTION. 
          OKAY. 
          THANK YOU, JERRY. 
          UM, MS. FORD, CAN YOU PLEASE SPEAK TO THE, UH, AFFORDABILITY COMMITMENTS AGAIN? UH, YES, SIR. 
          IS PART OF THE MEMORANDUM OF UNDERSTANDING THAT WAS EXECUTED TODAY WITH THE TENANTS ASSOCIATION, WE ARE AGREEING TO ENTER INTO A PRIVATE RESTRICTIVE COVENANT, UM, WITH A MUTUALLY AGREED UPON PARTY. 
          AND WITH THAT, WE WOULD PROVIDE A 12% OF THE NEW UNITS AT 80% MEDIAN FAMILY INCOME THAT ULTIMATELY RESULTS IN OVER HALF OF THE NEW UNITS THAT WOULD BE ALLOWED UNDER OUR EXISTING ZONING TO THE NEW ZONING, UH, TO BE AFFORDABLE FOR RENTAL PROPERTIES. 
          IF THIS WERE TO TURNED CONDO, AGAIN, ALL OF OUR CONVERSATIONS HAD BEEN RENTAL, BUT THE TENANTS ASSOCIATED ONE ASSOCIATION WANTED SOME ASSURANCE. 
          IF IT WAS OWNERSHIP, THAT WOULD BE 5% OF THE UNITS AT 80% MEDIAN FAMILY INCOME. 
          AND AM I UNDERSTANDING THIS CORRECTLY THAT THE UNDERSTANDING IS THAT YOU WILL BE SIGNING A PRIVATE RESTRICTIVE GOVERNANCE BEFORE GOING TO COUNCIL? YES, SIR. 
          SO BE PART OF THE COMMITMENT. 
          AND THEN I ALSO HEARD THAT YOU SAID AN AGREED TO BOND PARTY, SO IT WOULD BE SOUGHT FOR THIRD PARTY WHO WOULD BE CHECKING IN ON COMPLIANCE TO MAKE SURE THAT WE'RE IN COMPLIANT YES. 
          AFFORDABLE TO YOUR GARMENTS. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          UM, MR. MARTINEZ, I, CAN YOU PLEASE COMPLETE YOUR THOUGHT? I FEEL LIKE YOU WERE GOING TO SAY SOMETHING. 
          I WANT TO MAKE SURE THAT WE GET THROUGH THAT. 
          SURE. 
          I REALLY APPRECIATE IT. 
          UM, YOU KNOW WHAT I THINK I, I WILL TRY TO BE SUCCINCT HERE. 
          UM, I THINK THIS CASE IS AN EXAMPLE SORT OF MIRRORING A PREVIOUS ONE AT MESH APARTMENTS IN 2018. 
          AND WE SEE IS THAT THESE TENANTS ARE WORKING TOGETHER TO BETTER THEIR COMMUNITY AND TO, YOU KNOW, IMPROVE THE CITY, UM, IN A VERY DEMOCRATIC PROCESS IN A PROCESS THAT TOOK A LONG TIME, WHICH IS WHY SO MANY POSTPONEMENTS WERE ASKED AND ONES WHERE, YOU KNOW, THESE FOLKS MET CONSTANTLY AND CONSTANTLY REACHED OUT TO PEOPLE. 
          YOU KNOW, WE BOMBARDED PEOPLE'S EMAILS, WE TEXTED THEM, WE KNOCKED ON THEIR DOORS THREE TIMES. 
          AND, YOU KNOW, I THINK, UH, THAT IN OF ITSELF, AT LEAST FROM WHERE I'M COMING FROM IN BOSTON, IT'S INCREDIBLY IMPORTANT. 
          AND IT GIVES ME A LOT OF HOPE WITH WHAT IS, UM, WHAT CAN HAPPEN IN THE CITY AND THE PRECEDENT THIS CAN SET FOR FUTURE, UH, REZONING AGREEMENTS, UM, AS, SEE, THIS IS A BIG STEP UP FROM MASH, WHICH I'M SURE MANY OF THE COMMISSIONERS HERE ARE AWARE OF. 
          AND I THINK THAT'S A BIG DEAL. 
          AND, YOU KNOW, OBVIOUSLY I THINK WE COULD HAVE WANTED TO GO FURTHER, BUT, UM, I DO THINK IT IS, UM, SOMETHING WORTH CELEBRATING AND IT'S WORTH CELEBRATING FROM, FROM THE TENANTS WHO REALLY HAVE DONE THE VAST MAJORITY OF THIS WORK FOLKS LIKE CHARLIE, WHO HAVE BEEN DOING A LOT OF THE NEGOTIATION FOLKS LIKE MARK, WHO'VE BEEN REACHING OUT FOR MONTHS. 
          UM, YOU KNOW, THAT KIND OF STUFF IS, IS HUGE. 
          IT'S, IT'S NOT EASY. 
          UM, AND I THINK THAT SHOULD BE TAKEN INTO ACCOUNT. 
          SO THANK YOU SO MUCH FOR GIVING ME THE TIME, UH, UM, MR. AZAR, AND I HAVE A QUESTION EITHER FOR YOU OR MISS WORK. 
          CAN YOU PLEASE SPEAK TO THE FACT THAT, UM, IF I'M UNDERSTANDING 
          [01:00:01]
CORRECTLY, SO THE TENANTS ARE NOT OPPOSING THIS CASE AT THIS POINT, IS THAT CORRECT? AND THAT IS GREG. 
          OKAY. 
          THANK YOU. 
          I APPRECIATE THAT. 
          UM, AND THEN JUST TO UNDERSTAND A LITTLE BIT MORE ABOUT THE PROCESS WHEN I WANT TO TACK THE DENTIST FOR THEIR WORK, BUT CAN EITHER WANT TO FEEL, Y'ALL SPEAK TO THE, SORT OF THE, HOW LONG Y'ALL HAVE BEEN WORKING ON THIS AGREEMENT. 
          I'LL GIVE IT A SHOT AND LET ME KNOW WHEN, WHEN HANDS GO IN THE AIR. 
          SO WE, UH, WE HAD BEEN GOING THROUGH THIS PROCESS FROM A REZONING PERSPECTIVE FOR A WHILE. 
          WE BECAME AWARE THAT THE TENANTS HAD FORMED AN ASSOCIATION PROBABLY AROUND AUGUST, SHORTLY AFTER THE TECHNICAL GLITCH MEETING. 
          UM, AND AT THAT NEXT MEETING, UH, THE TENANTS ASSOCIATION ASKED FOR A POSTPONEMENT. 
          WE MET AND STARTED DIALOGUE SHORTLY AFTER THAT. 
          SO I'D SAY EVERY BIT OF SIX WEEKS, AND I KNOW THAT THEY HAD BEEN IN CONTACT BEFORE THAT. 
          YEAH, I APPRECIATE THAT. 
          AND I'M SORRY, JUST FOR ONE CLARIFICATION FROM YOU, UM, IS MY UNDERSTANDING, CORRECT THAT THE AGREEMENT ONLY HOLDS IF WE ZONE UP TO MSX TODAY, IS THAT CORRECT? THAT IS ACCURATE. 
          IT IS, UH, IT IS TIED TO THE REZONING. 
          OKAY. 
          I APPRECIATE THAT. 
          AND I FEEL LIKE ONE OF THE TENANTS MAYBE WANTED TO SAY SOMETHING. 
          I WANT TO MAKE SURE THAT WE THANK YOU. 
          I REALLY APPRECIATE THAT. 
          SURE. 
          COULD YOU, UH, REPEAT THE QUESTION THOUGH? EXACTLY. 
          WHAT HAVE YOU SURE. 
          I THINK I WAS JUST TRYING TO UNDERSTAND THE PROCESS 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. 
          CORRECT. 
          OKAY. 
          WELL, THANK YOU VERY MUCH AND THANK YOU FOR ALL YOUR EFFORTS. 
          I FIRSTLY, THANK YOU, CHAIR. 
          ALL RIGHT. 
          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%. 
          YES, SIR. 
          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. 
          WE ROUNDED. 
          OKAY. 
          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. 
          YES, SIR. 
          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. 
          OKAY. 
          SO, UM, AS PEOPLE ROTATE THROUGH OR PEOPLE LEAVE, THERE'S NOT NECESSARILY A PLAN TO PROVIDE THESE PROTECTIONS TO NEW PEOPLE. 
          THAT'S CORRECT. 
          CAUSE THEY WILL BE. 
          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. 
          I GOT IT. 
          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. 
          SO, SO YEAH. 
          I'M SORRY TO INTERRUPT. 
          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. 
          UM, SO, UH, I'M SORRY. 
          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. 
          YES, SIR. 
          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. 
          UM, SO THAT, OKAY, THANKS. 
          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. 
          WE CAN TRACK IT. 
          OKAY. 
          THANK YOU. 
          UM, ALL RIGHT. 
          UH, COMMISSIONER SHADE. 
          OKAY. 
          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. 
          THAT'S ALSO BEING PLANNED. 
          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. 
          OKAY. 
          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. 
          SO I'LL DO MY BEST. 
          THANK YOU. 
          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. 
          CORRECT. 
          IT'S NOT STATIC. 
          OKAY. 
          WHICH IS WHY WE LIKE TO DO IT AT SITE PLAN. 
          GOTCHA. 
          OKAY. 
          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. 
          OKAY. 
          UM, OKAY. 
          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. 
          OKAY. 
          60 FEET. 
          OKAY. 
          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. 
          YEAH. 
          I'D LIKE TO UNDERSTAND THAT AS WELL. 
          UM, YOU GO AHEAD AND ANSWER THE QUESTION. 
          THANK YOU. 
          UM, I'M JUST GONNA REPEAT BACK. 
          I APOLOGIZE. 
          THE BUZZER. 
          SORRY. 
          DID WE CHANGE OUR RULES OF DEBATE THAT WE ONLY HAVE THREE QUESTIONS? NONE. 
          NO, NO. 
          JUST FOR THE ONE ITEM. 
          I'M SORRY. 
          OH, I'M SORRY IF I WASN'T CLEAR COMMISSIONER THOMPSON. 
          YEAH. 
          THAT WAS JUST FOR THE ONE ITEM. 
          YEAH. 
          DISCUSSION ON THE DIS ON THE ONE WE HAD DISCUSSION POSTPONE. 
          UH, OKAY. 
          YEAH. 
          SO TRYING TO UNDERSTAND THE HEIGHT DIFFERENTIAL BETWEEN THIS PROJECT AND THE POD AND AFFORDABLE HOUSING UNITS. 
          SO, AND WHAT'S AROUND. 
          YEAH. 
          THANK YOU. 
          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. 
          THANK YOU. 
          THANK YOU. 
          I HAVE A QUESTION FOR MS. SWORE. 
          UM, THANK YOU. 
          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. 
          OKAY. 
          UM, 
          [01:20:03]
YES. 
          UH, COMMISSIONER COX. 
          THANK YOU. 
          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. 
          SO EXISTING ZONING. 
          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. 
          OKAY. 
          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 TOOK THE ENTIRE HEIGHT. 
          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. 
          YES. 
          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. 
          OKAY. 
          THAT'S UNFORTUNATE, BUT OKAY. 
          I'M DONE. 
          THANKS. 
          ALL RIGHT. 
          UH, I'M RECOGNIZING COMMISSIONER O'CONNOR. 
          UM, HI. 
          I HAVE A QUESTION FOR AMANDA. 
          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. 
          YES, SIR. 
          AND IT'S OKAY. 
          THANK YOU. 
          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. 
          YES. 
          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. 
          WE ALSO PUT IT ON THE SLACK. 
          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. 
          IT'S, IT'S A LOT. 
          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. 
          RIGHT. 
          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. 
          THANK YOU. 
          YEAH, I APPRECIATE THE HARD WORK. 
          THANK YOU. 
          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. 
          RIGHT. 
          THANK YOU. 
          OKAY. 
          UH, COMMISSIONER THOMPSON. 
          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. 
          OKAY. 
          ALL RIGHT. 
          THANK YOU, CHAIR. 
          YES. 
          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. 
          THAT'S GOOD. 
          THANK YOU. 
          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. 
          RIGHT. 
          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. 
          OKAY, GREAT. 
          THANK YOU. 
          THAT'S ALL MY QUESTIONS. 
          OKAY. 
          I AM, UH, I GOT A FEW QUESTIONS STAFF, IF YOU WANT TO STAY UP THERE, I'M SORRY. 
          I'VE GOT A FEW MORE. 
          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. 
          OKAY. 
          YEAH. 
          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. 
          OKAY. 
          SO GENERALLY CODE WOULD REQUIRE AT A SPACE PER UNIT, IF NOT MORE. 
          ALL RIGHT. 
          AND, UM, OH, IT'S FOR STAFF. 
          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. 
          YEAH. 
          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. 
          OKAY. 
          AND THE HEIGHT IS 75, 75 FEET. 
          THE ONE WE'VE BEEN SPEAKING TALKING ABOUT. 
          OKAY, THANK YOU. 
          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. 
          AND I COULD TALK ABOUT THAT. 
          AND IF WE, OKAY. 
          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. 
          IT'S HARD TO SAY THE OTHER THING IS, YOU KNOW, I APPRECIATE ALL THESE TENANT PROTECTIONS. 
          I LOVE IT. 
          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. 
          THAT IS A PRIVATE AGREEMENT. 
          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. 
          THANK YOU. 
          OKAY. 
          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. 
          GO AHEAD. 
          SPEAK. 
          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  WITHOUT CONDITIONS. 
          AND I DISAGREE WITH  WITH CONDITIONS. 
          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. 
          AND I JUST DON'T SEE IT. 
          SO, SO I CAN'T SUPPORT THE MOTION. 
          ALL RIGHT. 
          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. 
          OKAY. 
          DO I HAVE A SECOND? OKAY. 
          I SEE. 
          COULD YOU CLARIFY WHAT THIS STAFF RECOMMENDATION WAS? I'M SORRY. 
          THE STAFF RECOMMENDATION IS TO MOVE FORWARD WITH THE APPLICANT REQUEST. 
          OKAY. 
          I, I'M SEEING TWO HANDS AT THE SAME TIME. 
          I'M GONNA GO AND RECOGNIZE COMMISSIONER THOMPSON. 
          SECOND OF COMMISSIONER. 
          CZAR'S SUBSTITUTE MOTION. 
          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. 
          AND I JUST WANT TO BE CLEAR. 
          THIS IS ALL GOES AWAY. 
          THE MOMENT WE VOTE AGAINST THE MOTION THAT I'M PROPOSING HERE. 
          I ALSO WANT TO SAY, THERE'S, ON-SITE AFFORDABLE HOUSING HERE. 
          THERE'S NONE IN THIS AREA. 
          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. 
          SO WE UNDERSTAND WHAT IT IS. 
          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. 
          THANK YOU. 
          UH, THOSE SPEAKER SPEAKING THIS MOTION, A CHEMIST SINNER. 
          OKAY. 
          I CAN'T TELL WHO IS FIRST IN MARIJUANA TO HELP ME. 
          OKAY. 
          COMMISSIONER CIDER, GO AHEAD. 
          UH, THANKS CHAIR. 
          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. 
          I, I REALLY DON'T. 
          I DON'T LIKE THAT. 
          I DON'T LIKE THAT. 
          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. 
          OKAY. 
          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 WANT TO SEE MORE FORUM. 
          OKAY. 
          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. 
          OKAY. 
          UH, COMMISSIONERS SPEAKING AGAINST, I SEE COMMISSIONER YANNIS, POLITO. 
          THANK YOU, CHAIR. 
          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. 
          THAT'S A DISTINCTION. 
          THEY'RE NOT AGREED. 
          I'M SORRY. 
          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. 
          THIS IS A NET LOSS. 
          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. 
          AND I AGREE. 
          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. 
          OKAY. 
          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. 
          GO STAFF RECOMMENDATION. 
          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. 
          OKAY. 
          UH, THEN WE HAVE THOSE ON THE DICE THAT ARE AGAINST THIS MOTION. 
          1, 2, 3, 4. 
          AND THOSE ON THE SCREEN THAT ARE AGAINST THIS MOTION, 1, 2, 3, 4. 
          SO THE MOTION FAILS. 
          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. 
          YES. 
          THANK YOU. 
          AND THEN, SO I THINK WE'RE BACK TO THOSE. 
          UH, WE WERE AT 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. 
          OKAY. 
          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. 
          OKAY. 
          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. 
          ALRIGHT. 
          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. 
          OKAY. 
          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. 
          YEAH. 
          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  COX TO DENY THE REZONING. 
          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. 
          YOU HAVE 1, 2, 3, 3, OKAY. 
          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. 
          OH, OKAY. 
          5 7, 2, 1. 
          YES. 
          THANK YOU. 
          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. 
          UM, 
          [02:00:01]
LET'S GO AND TAKE A VOTE, UH, IF WE CAN. 
          SO LET'S GO AND LOOK AT THAT. 
          IT'S ON THE DIETS THAT ARE IN FAVOR OF THIS MOTION. 
          ALL RIGHT. 
          TWO, AND THEN THOSE ON THE SCREEN THAT ARE IN FAVOR OF THE MOTION. 
          OKAY. 
          THAT'S IN THE DIOCESE AGAINST 1, 2, 3, 4, 5, 6. 
          ALL RIGHT. 
          WE KNOW WHERE THIS IS GOING AND THOSE, UM, THAT ARE AGAINST THE MOTION. 
          OKAY. 
          THAT ONE FAILED. 
          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. 
          ALL RIGHT. 
          THAT'S WHERE WE'RE GOING. 
          NO RECOMMENDATION. 
          THANK YOU. 
          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. 
          ALL RIGHT. 
          THE GOOD OLD DAYS. 
          YEAH. 
          OKAY. 
          WELL, WE CAN HAVE COMMISSIONERS COME ON BACK ONLINE AND, UH, TEAR SEATS. 
          I'M FEELING PRESSURE TO KEEP MOVING ON HERE. 
          WE'VE GOT QUITE A FEW CASES. 
          A LOT OF PEOPLE WAITING ON US ONCE WE GET TO SEVEN UP HERE ON STAGE 2, 3, 4, 6, 7. 
          OKAY. 
          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. 
          SO, UH, LET'S GO AHEAD. 
          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. 
          UM, MY COUNTY, RIGHT, SEVEN. 
          AND THEN THAT IS AGAINST THE, UH, SUSPENSION ONE. 
          AND THEN THOSE AGAINST THAT'S TWO, THOSE THAT ARE ABSTAINING TWO. 
          OKAY. 
          SO SEVEN TO TWO. 
          AND I, DID WE GET, DID I MISS SOMEBODY? OKAY. 
          WE'RE MISSING A FEW PEOPLE. 
          OKAY. 
          SO THAT PASSES. 
          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. 
          GOOD EVENING COMMISSIONERS. 
          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. 
          OKAY, THANK YOU. 
          WE'LL GO AHEAD AND MOVE FORWARD THEN. 
          I APOLOGIZE. 
          NO PROBLEM. 
          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. 
          THANK YOU. 
          GOOD EVENING. 
          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. 
          DOES NOT, IT HAD SOME CHANGES 
          [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. 
          SO THAT WILL STAY. 
          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. 
          THOSE USES AND STAFF AGREES. 
          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. 
          I'M SORRY. 
          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. 
          OKAY. 
          THANK YOU. 
          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. 
          THANK YOU. 
          HI, COMMISSIONER IS OUT IF YOU'RE DOING WELL. 
          UH, I WILL TRY 
          [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  CAN CORRIDOR, OR THE NEW GREEN LINE WILL BE SHOWN, UH, IN BLACK AND ALSO ADJACENT TO THE WALNUT CREEK TRAIL, WHICH IS SHOWN HERE IN RED. 
          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. 
          WE ARE NOT QUITE THERE YET. 
          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. 
          OOPS. 
          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. 
          OKAY. 
          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. 
          YOU'LL HAVE FIVE MINUTES. 
          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. 
          HEATHER'S INCREDIBLE. 
          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. 
          I HOPE THAT HELPS. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MS. ALEXANDRA ANDERSON. 
          MS. ANDERSON. 
          YOU'LL HAVE THREE MINUTES. 
          GOOD EVENING COMMISSIONERS. 
          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. 
          AND WE'RE PROUD OF THAT. 
          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. 
          SO SAY 80% IS ONLY $80,000. 
          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. 
          THANK YOU. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MS. JESSICA WOLF, MS. WOLF, YOU HAVE THREE MINUTES. 
          GOOD EVENING COMMISSIONERS. 
          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. 
          IT SEEMS PRETTY COMMON SENSE. 
          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. 
          SURE. 
          WE'LL NOW HEAR FROM THE APPLICANT FOR REBUTTAL. 
          UH, SORRY. 
          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. 
          UM, AND WITH THE, UM, 
          [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. 
          THANK YOU. 
          SURE. 
          THAT CONCLUDES THE SPEAKERS BEFORE THE PUBLIC HEARING. 
          OKAY. 
          MOVING THIS ALONG, UH, CLOSING THE PUBLIC HEARING. 
          DO I HAVE ANY OTHER, OH, GO AHEAD. 
          YES. 
          CLOSE THE PUBLIC HEARING, HAVE A SCHNEIDER SECOND BY COMMISSIONER DESIRE. 
          THIS ONE, BUT I WAS HEARING THOSE ON SCREEN. 
          ALL RIGHT. 
          WE GOT EVERYBODY. 
          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. 
          GOOD. 
          ASK YOU TO HOLD ON FOR A SECOND. 
          MAYBE JUST SEND SHIRTS. 
          DON'T GO BACK UP. 
          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. 
          YES. 
          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 PLOTTED LOTS. 
          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. 
          UM, YES. 
          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. 
          UM, YEAH. 
          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. 
          OKAY. 
          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. 
          SO THAT'S IN HERE. 
          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. 
          OKAY. 
          THANKS. 
          UM, I HAVE A QUESTION FOR, UM, MS. , SO WHAT IS THE, THE HEIGHT THAT IS CURRENT? WHAT IS IT AT RIGHT NOW HAS A HEIGHT OF 60 FEET. 
          SO 60, AND WE'RE TALKING, GOING UP TO ONE 20 TO TWO 70 OR SOMETHING LIKE THAT. 
          OKAY. 
          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. 
          SURE. 
          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. 
          OKAY. 
          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, OKAY. 
          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. 
          SO WE, WE WOULD 
          [02:50:01]
LIKE TO FOCUS OUR, OUR, UM, COMMUNITY BENEFITS ON, ON THE SITE AND HOW THE SITE IS. 
          UM, A QUESTION ON THAT. 
          YEAH. 
          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. 
          YEAH. 
          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. 
          UM, LET'S GO. 
          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. 
          OKAY. 
          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. 
          THAT'S GOOD. 
          UNDERSTOOD. 
          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. 
          OKAY. 
          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. 
          OKAY. 
          IF IT'S HELPFUL INFORMATION AND YOU WANT TO SPEAK TO IT. 
          YEAH. 
          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. 
          OKAY. 
          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. 
          THAT'S FINE. 
          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. 
          OKAY. 
          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. 
          SO, OKAY. 
          FOLKS, I'M GOING TO GO, UH, OKAY. 
          COMMISSIONERS ARE 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 THANK YOU ALL VERY MUCH. 
          ALL RIGHT, LET'S GO AHEAD. 
          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. 
          ALRIGHT. 
          LET'S EVERYONE THAT WAS ON THE, UH, SCREEN ONE THOUGH. 
          OKAY. 
          THAT'S UH, YEAH, PASSES UNANIMOUS. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          OH, DO WE NEED TO, DID WE SPECIFY DATE TWO WEEKS? OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          THANK YOU COMMISSIONERS FOR MOVING THAT ALONG QUICKLY WHEN NOW? UM, YES. 
          OKAY. 
          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. 
          OKAY. 
          WE HAVE SOME OTHER BUSINESS AND SEE TO WHICH WE WANT PULLED FOR OUR DISCUSSION. 
          SO QUICK POSSIBLE QUESTION. 
          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 DON'T EVEN KNOW EMOTION. 
          YEAH. 
          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. 
          I LIKE THAT IDEA. 
          SO, UM, THE MOTION IS TO BRING 
          [03:05:01]
UP, UH, THE ZILKER CASE NEXT. 
          OH, I'M SORRY. 
          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. 
          ALL RIGHT. 
          SO WE HAVE A SECTOR. 
          YES. 
          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. 
          YEAH. 
          WE'RE PULLING OUT THE ONE THAT'S ON THE ZILKER CAFE THAT HAS, UH, MANY, MANY SPEAKERS AND POTENTIALLY FAMILIES THAT ARE HERE. 
          I'M THINKING. 
          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. 
          THAT'S FINE. 
          WE CAN DO THAT. 
          WE HAD TO ZILKER AFTER THE NEXT ONE WAS SIX. 
          JUST YEAH. 
          YEAH. 
          OKAY. 
          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. 
          OKAY. 
          WELL THEN LET'S JUST KEEP IT GOING. 
          RIGHT. 
          ALL RIGHT. 
          EXCEPT C2. 
          NO, WE'RE GOOD. 
          LET'S JUST, IT GONE. 
          NEVERMIND. 
          I PULLED BACK. 
          ALL RIGHT. 
          WE'RE STAYING THE COURSE. 
          SO 
          [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. 
          THANK YOU. 
          SO, YEAH. 
          CHECK YOUR MISSION LIES. 
          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. 
          THERE'S JUST A GRAPHIC WE USE TO SHOW THE NEIGHBORHOOD, HOW WE MADE THE CALCULATIONS FOR THE MANUALS. 
          WE TALKED ABOUT THE NEIGHBORHOOD PLAN AND CONCERNS THAT COMMERCIAL CREEP WAS COMING IN. 
          UM, THE RED AREA THERE YOU CAN SEE, UM, AT THE CORNER IS COMMERCIAL. 
          AND THEN THE, THE RED WITH THE DOTS IS MORE OF A NEIGHBORHOOD COMMERCIAL. 
          SO MORE OF A TYPICAL LR USE THAT YOU WOULD SEE PINK IS OFFICE YELLOW, OBVIOUSLY RESIDENTIAL. 
          SO I WOULD SAY THAT WE ARE HOLDING A LINE WITH THE COMMERCIAL. 
          WE ARE MEETING THE TENANTS OF THE NEIGHBORHOOD PLAN, UH, NOT REQUESTING A FUTURE LAND USE MAP AMENDMENT, NOT SUPPOSEDLY TEARING DOWN ANY OFFICE BUILDINGS THAT ARE HOUSES FROM THE PAST AND DISCOURAGING DRIVE-THROUGH USES, WHICH IS VERY IMPORTANT TO THE NEIGHBORHOOD AS IT STANDS TODAY. 
          ANOTHER DRIVE-THROUGH COULD COME HERE WITHOUT ANY ZONING REQUEST. 
          SO IN SUMMARY, IT'S A SMALL PORTION OF THE OVERALL PROJECT THAT WE'RE ASKING TO UP ZONE TO MAKE IT A MORE COHESIVE DEVELOPMENT. 
          UM, IF YOU IMAGINE THAT YOU'RE TAKING THE ENTIRE FAR ACROSS THE ENTIRE PROPERTY, I CAN SPREAD THAT FAR MORE AND PUSH IT TOWARD 35TH STREET AND FURTHER AWAY FROM THE NEIGHBORHOOD. 
          SO LESS BULK IN THE BACK. 
          UM, IT, AGAIN, IT'S ABOUT 5,800 SQUARE FEET THAT WE'RE ADDING MERELY 14% OF THE PROJECT. 
          AND THEN, UH, I BELIEVE THERE WAS A QUESTION ABOUT HOW MANY MORE TRIPS THAT WOULD ADD. 
          AND THE 67 TRIPS IS WHAT WOULD COME OUT OF THAT 5,800 SQUARE FEET OF AN OFFICE. 
          SO ABOUT 17% OF THE PROJECT, AGAIN, PROVIDING UNDERGROUND PARKING, UH, WHICH I THINK WAS DESIRED, LESS TRIPS THAN THE EXISTING USE TODAY, OR WAS VERY PEDESTRIAN FRIENDLY. 
          STREETSCAPE WILL BE DEVELOPED. 
          WE'RE HONORING THE NEIGHBORHOOD PLAN AND WE'RE HONORING COMPATIBILITY, WHICH I THINK IS IMPORTANT. 
          UM, YOU WILL SEE IN THE BACKUP THAT WE HAVE, UM, SOME SUPPORT LETTERS. 
          SO I THINK THERE WAS A MIX OF PEOPLE IN THE NEIGHBORHOOD WHO WERE FOR AND AGAINST. 
          I DO KNOW THAT THE NEIGHBORHOOD IS OFFICIALLY AGAINST, AND I BELIEVE THERE ARE SOME PEOPLE HERE TONIGHT TO SPEAK AS WELL. 
          I'M HAPPY TO ANSWER ANY QUESTIONS AND WE HAVE OUR TEAM HERE, 
          [03:15:01]
UM, ARCHITECTS, CIVIL ENGINEER, AND TRAFFIC AS WELL. 
          THANK YOU FOR YOUR TIME. 
          THINKING NOW WE'LL HEAR FROM MR. MICHAEL CAREY, MR. MICHAEL CURRY. 
          YOU'LL HAVE FIVE MINUTES. 
          I WAS TOLD I COULD TAKE MY MASK OFF AT THIS POINT, IF THAT'S ALL RIGHT. 
          WELL, EXCEPT MY GLASSES. 
          UM, GOOD EVENING. 
          THANK YOU VERY MUCH FOR YOUR TIME AND YOUR, YOUR VOLUNTEER, UM, UM, THAT YOU DO HERE ON THE PLANNING COMMISSION. 
          WANT TO, UM, ALSO THANK THE APPLICANT, UH, FOR, UH, THEIR PROFESSIONALISM IN DEALING WITH THEM AND, UH, FOR THAT EXCELLENT PRESENTATION THEY JUST GAVE, UM, AGAIN, I'M MICHAEL I'M HERE ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 
          I DREW THE BLACK BEAN. 
          OTHERS DID NOT WANT TO COME IN DOOR. 
          UH, APPARENTLY I'M EXPENDABLE THAT'S OKAY. 
          UH, I WAS GLAD I'M GLAD TO DO IT. 
          UH, BUT I WANTED TO BE HERE FOR THE NEIGHBORHOOD ASSOCIATION AND, UH, FOR SOME NEIGHBORS HERE, UH, YOUNG FOLKS WHO ARE TRYING TO BUILD THEIR LIVES AND NEIGHBORHOOD, AND I WANTED JUST WANTED TO SUPPORT THEM. 
          UH, WE SUBMITTED A LETTER WHICH WILL BE MORE COHERENT THAN ANYTHING YOU'LL HEAR FROM ME, BUT, UM, I DID WANT TO SAY A FEW WORDS. 
          I WROTE DOWN A NICE SPEECH, BUT I'M JUST GONNA, UM, I'M JUST GOING TO TALK TO YOU INSTEAD. 
          UM, UM, A CHOICE, I'M SURE WE'LL ALL LIVE TO REGRET. 
          NO, NO, UH, NO MORE THAN ANYONE BUT ME. 
          UM, LOOK, WHAT WE HAVE HERE IS A BURGER KING SITTING ON LR ZONING. 
          THE PARKING LOT REPRESENTS SEVERAL OTHER LOTS THAT ARE, THAT ARE ZONED CS. 
          THAT CS WAS GRANTED ON ALL FOUR CORNERS, ABOUT 70 YEARS AGO OR MORE WHEN C WHEN IT WAS ACTUALLY C WHEN C MEANT SOMETHING QUITE DIFFERENT, SEE US WOULD NOT BE APPROPRIATE THERE TODAY. 
          NOT THE COUNCIL WOULD NOT GRANT SEE US THERE TODAY. 
          35TH STREET DOESN'T ONLY HAS A TURN LANE AT JEFFERSON AND A 35TH. 
          IT DOESN'T HAVE THEM THROUGHOUT THE COURSE OF THE STRAIGHT. 
          THEY'RE VERY NARROW, TWO LANES EACH WAY. 
          UM, THERE'S NOT EVEN A TURN LANE UP, UP IN MOPAC. 
          SO, UM, WE'RE NOT TRYING TO TAKE CS AWAY FROM ANYONE, EVEN IF WE COULD. 
          I MEAN, THEY HAVE THAT. 
          AND, UH, THAT COMBINED WITH THE LR THAT EXISTS IS MORE THAN ENOUGH FOR A REASONABLE USE OF THAT PROPERTY. 
          WHAT THEY'RE TRYING TO DO IS TAKE THE CS, WHICH IS THE PARKING LOT AND EXTENDED TO THE LR. 
          AND, UM, THEY DON'T NEED THAT FOR A REASONABLE NEW USE. 
          AND THE PROBLEMS THAT CREATES FOR, FOR THE NEIGHBORHOOD IS THAT IT CREATES A BIGGER BUILDING AND, AND THEY CAN SAY IT'S ONLY THIS MUCH BIGGER, BUT THE BUILDING THEY'RE PROPOSING FOR THAT SITE IS TOO BIG. 
          THEY'RE ENTITLED TO DO IT UNDER CS AND LR. 
          WE'RE NOT TRYING TO STOP THEM, BUT WE DON'T TAKE A BUILDING THAT'S TOO BIG AND TRY AND MAKE IT BIGGER. 
          AND IT'S GOING TO GENERATE MORE TRAFFIC AND WE CAN TALK ABOUT TRAFFIC IMPACT ANALYSIS. 
          I LEARNED A LOT ABOUT THEM, UH, IN, UH, TRYING TO HELP SOME FOLKS WITH THE GROVE AND ABOUT, YOU KNOW, THERE'S ASSUMPTIONS THAT GO INTO THEM, THEIR SCHEDULES, WHEN, YOU KNOW, WHEN THE TRAFFIC ENGINEERS ARE MUCH SMARTER THAN ME, I COULD NEVER DO THAT IN A MILLION YEARS. 
          AND I'M NOT, I'M NOT JUST BEING MODEST. 
          THAT'S A FACT, BUT THERE'S, THEY'RE NOT REAL NUMBERS. 
          WE ALL KNOW THAT THE SUGGESTION THAT THE BURGER KING WAS CREATING A THOUSAND TRIPS PER DAY. 
          IF YOU ASK ANYONE IN THE, IN THE NEIGHBORHOOD, THEY WOULD BEND OVER LAUGHING EXCEPTED AT LUNCHTIME. 
          IF YOU LOOKED AT THE BURGER KING LOT, YOU'RE AS LIKELY TO SEE A TUMBLEWEED GOING ACROSS AS YOU ARE A CAR ENTERING THAT. 
          SO, I MEAN, YEAH, WE CAN ASSUME THAT THIS, AND IT ISN'T ABOUT BURGER KING. 
          I'M NOT BASHING BURGER KING COMING OFF OF, ALTHOUGH I COULD, UH, COMING OFF OF, OF JEFF AS A VEGETARIAN COMING OFF OF JEFFERSON, UH, GOING SOUTH, YOU HAVE TO CROSS, IT'S A VERY HARD, UH, SITE TO ACCESS, UH, BECAUSE YOU HAVE TO CROSS TWO LANES THAT ARE BECOMING THREE LANES WITH NO TURN LANE FROM A SINGLE LANE COMING ON JEFFERSON. 
          THAT WAS THE PROBLEM WITH BURGER KING. 
          AND, AND, UM, SO ONCE YOU, THIS SUGGESTION THAT TAKING US AN LR LOT AND, AND CREATING A SILA CS LOT OUT OF IT IS CONSISTENT WITH THE NEIGHBORHOOD PLAN IS CRAZY THAT THE NEIGHBORHOOD PLAN TALKS ABOUT SMALL OFFICE BUILDINGS AND CONVERTED HOMES. 
          THEY'RE NOT AN OFFICE TOWER. 
          THIS WILL BE THE BIGGEST BUILDING, THE TALLEST BUILDING, EXCUSE ME. 
          UM, ON 35TH STREET, IT'S GOING TO, IT'S GOING TO BE TALLER THAN THE, YOU KNOW, I, IF YOU THINK OF THIS BUILDING ACROSS 
          [03:20:01]
THE STREETS, A ONE STORY BUILDING, IT MAY HAVE CS ZONING FROM 1950, BUT IT'S A ONE STORY BUILDING TO THE RIGHT IS A TWO-STORY BUILDING BEHIND IT AS A TWO-STORY HOUSE, CONVERTED INTO OFFICES TO THE LEFT IS A ONE-STORY BUILDING TO THE RIGHT IS A THREE-STORY BUILDING. 
          THIS WILL BE IN PART A FOUR STORY BUILDING. 
          SO THIS BUILDING IS TOO MUCH AND X. 
          AND SO, YES, THEY'RE GOING TO GET TO BUILD A BUILDING THAT'S TOO BIG FOR THIS LAWN, BUT LET'S NOT MAKE IT BIGGER AND LET'S NOT CRITICALLY, LET'S NOT CREATE THE PRECEDENT. 
          AND I'LL WRAP UP HERE. 
          IS THAT THE STOPPER? I GUESS THAT'S THE STOP. 
          OKAY. 
          I'LL WRAP UP BY SAYING LET'S NOT CREATE THE PRECEDENT OF MARCHING CS ZONING DOWN THE BLOCK BECAUSE YOU'LL BUST THAT BLOCK. 
          AND THAT BLOCK REPRESENTS THE BUFFER BETWEEN THE COMMERCIAL ON 35TH STREET AND THE NEIGHBORHOOD. 
          AND I'LL LET SOME, SOME LADY SPEAK NOW. 
          THANK YOU SO MUCH. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MERE MEADOWS FOR THREE MINUTES. 
          IT'S COUNTER MEADOWS. 
          AND, UH, ANDREW, COULD YOU MENTION THE NEXT THIEF OR MAYBE THEY COULD COME DOWN SO WE CAN LIKE, YOU KNOW, GET, GET THEM PREPARED. 
          UH, SO THEY COULD BE YES. 
          MS. SONIA SPIELBERG, WHO WILL BE NEXT? THANK YOU. 
          GOOD EVENING, COMMISSIONERS. 
          THANK YOU FOR THE OPPORTUNITY TO LET ME SPEAK ON BEHALF OF THE NEXT GENERATION AT THE BREAKER WOODS COMMUNITY. 
          THIS IS MY FIRST TIME DOING THIS, AND I DON'T KNOW WHAT I'M DOING. 
          MY NAME IS MIA  AND I HAVE CALLED AUSTIN, TEXAS HOME. 
          THE PAST 12 YEARS, I PURCHASED MY 1100 SQUARE FOOT HOME SIX YEARS AGO, AS A SINGLE WOMAN WITH THE HOPES OF PLANNING DEEP ROOTS HERE, I HAVE DREAMED THAT I WOULD FALL IN LOVE IN THIS HOUSE, HAVE BABIES ON MY OWN AND WATCH THEM RUN AROUND. 
          AND THE SPRINKLERS AS A REPRIEVE FROM THE STICKY AUSTIN HEAT. 
          MY DREAM WAS TO SHARE THIS SLICE OF HEAVEN ON THE CORNER OF JEFFERSON AND 34TH IS SOMEONE I LOVE TODAY. 
          MY FIANCE JESSE IS SITTING HERE WITH ME. 
          WE MET IN DECEMBER OF 2019 AND FELL IN LOVE DURING QUARANTINE AND ARE TO MARRY IN MARCH OF NEXT YEAR. 
          WE LOVE TO WATCH HER NEIGHBORS GO ON LONG WALKS WITH THEIR DOGS, PRINTING, EXCUSE ME, PRETEENS WHIZ BY ON THEIR BICYCLES AROUND FIVE O'CLOCK WHEN THE SUN'S ABOUT TO GO DOWN AND PARENTS WALKING IN THEIR LITTLE ONES DOWN JEFFERSON AND 34TH STREET TO THEIR FIRST DAY OF BIKER WOODS ELEMENTARY. 
          OUR DREAM IS TO LIVE IN THIS HOME AND TO KNOW OUR NEIGHBORS PERSONALLY, AND TO CARE FOR THEM. 
          I AM DEEPLY CONCERNED THAT THIS DEVELOPMENT AND THEIR REQUEST FOR REZONING OF OUR, UM, WILL IMPACT THE FABRIC OF OUR COMMUNITY, THE SAFETY OF OUR CHILDREN AND THE LITTLE ONES I HOPE TO HAVE ONE DAY I'M CONCERNED THAT THE FUTURE OF THIS COMMUNITY WILL SLOWLY BE OVER SHOWERED, OVERSHADOWED BY YET ANOTHER COMMERCIAL BUILDING THAT DOESN'T FIT TO SCALE THAT WILL BLEED INTO THE TIGHTLY KNIT COMMUNITY THAT WE HAVE TODAY. 
          I HOPE YOU HEAR THIS AS A HEARTFELT AND RESPECTFUL PLEA, AND WE'LL CONSIDER HOW THE IMPACT THE AUSTIN COMMUNITY WOULD HAVE AS A WHOLE. 
          WHAT DOES THE FUTURE LOOK LIKE FOR AUSTIN AND HOW CAN WE BE THOUGHTFUL ABOUT ITS INEVITABLE GROWTH? THANK YOU. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MS. SONYA SPIELBERG. 
          MS. SPELLBERG YOU'LL HAVE THREE MINUTES. 
          GOOD EVENING. 
          THANKS FOR ALLOWING US TO SPEAK ON THIS ISSUE. 
          UM, I'M SONIA SPIELBERG. 
          I LIKE MIA. 
          I, UM, LIVE IN A SMALL BUNGALOW, UM, JUST ABOUT A BLOCK AWAY FROM THE BURGER KING IN QUESTION, THE SITE THAT DATES FROM THE 1940S AS DOES THE ENTIRE NEIGHBORHOOD. 
          UM, SO LIKE ME, I CAN SEE THIS SPACE FROM MY FRONT PORCH. 
          I'VE LIVED THERE, UM, AS A SINGLE MOM, ONLY SINCE 2018. 
          UM, AND MY DAUGHTER IS NOW GROWN AND OUT THE DOOR, BUT WE CHOSE THE NEIGHBORHOOD FOR ITS CHARM HISTORY. 
          UM, IT'S LIKE A TINY RETREAT FROM THE URBAN, UH, WASTES. 
          THIS THAT IS NOT TOO FAR AWAY. 
          THIS BUILDING, UM, PUTS THAT IN JEOPARDY, QUITE FRANKLY. 
          UM, WE'RE NOT HERE TO STOP AS MICHAEL SAYS, THE INEVITABLE AND EVITABLE MARCH OF A RAPID DEVELOPMENT OF AUSTIN OR THIS CORNER OF AUSTIN, AUSTIN'S GROWING TOO QUICKLY FOR SOME OF US, BUT THAT'S A DEBATE FOR ANOTHER DAY, NOR CAN WE MAKE A HUGE DIFFERENCE IN THIS PARTICULAR CASE. 
          IF WE PREVAIL, IT'LL PROBABLY BE THREE STORIES INSTEAD OF FOUR, BUT WE'RE ASKING THE PLANNING COMMISSION TO HELP US HOLD THE LINE. 
          IT'S REALLY CRUCIAL THAT WE HOLD THE LINE HERE. 
          UM, JUST PUT A TINY SPEED BUMP IN THE INEVITABLE MARCH TOWARDS AUSTIN'S OVERDEVELOPMENT. 
          IT MIGHT NOT SEEM LIKE AN IMPORTANT ISSUE, ESPECIALLY IN LIGHT OF SOME OF THE THINGS WE'VE HEARD TONIGHT THAT ARE MUCH BIGGER PROJECTS AND IMPACT A LOT MORE PEOPLE. 
          UM, BUT IT HAS A HUGE IMPACT ON OUR SMALL COMMUNITY. 
          [03:25:02]
UM, I DEFINITELY TAKE ISSUE WITH THE CHARACTERIZATION FROM THE OPPOSITION, THAT THERE ARE A THOUSAND TRIPS TO THAT BURGER KING A DAY. 
          I LIVE CLOSE ENOUGH, SO I COULD SMELL THE BURGERS BEING FLIPPED. 
          AND LET ME TELL YOU THERE'S ABOUT 25, UM, PARKING SPACES IN THAT LOT, RARELY WAS IT FULL, ONLY LUNCHTIME? UM, SO IT'S PREPOSTEROUS TO SAY THAT THIS ISN'T GOING TO HAVE A LARGER IMPACT. 
          IT'S GOING TO HAVE A HUGE IMPACT ON OUR LITTLE CORNER. 
          UM, SO IT'S, UH, YOU KNOW, IT'S A TINY, IT'S A PRETTY SMALL NEIGHBORHOOD. 
          UM, 34TH AND JEFFERSON IS ALREADY INCREDIBLY BUSY. 
          UM, LEADS TO MOPAC. 
          THERE ARE TOO MANY CARS DRIVING TOO FAST IN THAT CORRIDOR. 
          THIS WILL JUST INCREASE THAT PROBLEM. 
          UM, I WORK AT HOME AND I GET TO SEE A DAILY PARADE OF KIDS GOING TO BREAK OR WOODS ELEMENTARY, WHICH IS ONLY THREE BLOCKS AWAY. 
          UM, THERE'S A CROSSING GUARD THERE, UM, BUT HE'S ONLY ONE PERSON AT THAT PARTICULAR INTERSECTION AND, UM, MANY KIDS BIKE OR WALK EVERY DAY. 
          UM, WE WORRY ABOUT THE INCREASE OF TRAFFIC, UM, THAT COULD THREATEN AND ENDANGER THOSE CHILDREN. 
          UM, AND I FEAR AS MANY DO THAT. 
          THESE KIDS, THE BIKERS, THE WALKERS, UM, WE'LL ALL BE ENDANGERED BY THIS LARGE DEVELOPMENT. 
          I THINK THAT'S ALL I HAVE, BUT JUST PLEASE CONSIDER, YOU KNOW, I, WHAT MICHAEL CURRY SAID WAS EXACTLY RIGHT. 
          UM, IT'S ALREADY TOO BIG. 
          IT'S A FOUR STORY. 
          UM, WE CAN'T GO BACK ON THAT, BUT WE CAN HOLD THE LINE. 
          THANK YOU. 
          AND YOU WILL NOW HEAR FROM THE APPLICANT REBUTTAL FOR THREE MINUTES. 
          COULD YOU PLEASE GO BACK TO SLIDE FOUR IS THAT THE ONE MA'AM? UH, NO SLIDE FOUR. 
          I DON'T SEE NAS. 
          KEEP GOING. 
          OKAY. 
          KEEP GOING, PLEASE. 
          KEEP GOING. 
          KEEP GOING. 
          THERE YOU GO. 
          UM, I HEAR WHAT EVERYBODY IS SAYING. 
          I DEAL WITH MANY NEIGHBORHOODS. 
          I'VE BEEN DOING THIS FOR OVER 20 YEARS. 
          SOMETIMES I DO THESE KINDS OF PROJECTS BACKING UP TO SOMEBODY'S HOUSE. 
          AND A LOT OF TIMES I'M ABLE TO GET SUPPORT OF PEOPLE BECAUSE WE WORK HARD TO DO GOOD PROJECTS AND TO HONOR THINGS LIKE COMPATIBILITY. 
          UM, I DISAGREE THAT CS US WOULD NOT BE ALLOWED HERE TODAY. 
          IT'S A CORE TRANSIT CORRIDOR. 
          SEE US WOULD ABSOLUTELY BE ALLOWED AT MAJOR INTERSECTIONS ON A CORE TRANSIT CORRIDOR. 
          WE'RE ASKING FOR A VERY SMALL AREA OUTSIDE OF COMPATIBILITY TO GAIN A SMALL AMOUNT OF HEIGHT. 
          MOST OF THE BUILDING IS THREE STORIES ALONG JEFFERSON. 
          I DON'T THINK THAT'S A SCARY BUILDING. 
          DRIVE-THROUGHS COULD GO HERE TODAY. 
          ANOTHER USE MORE POPULAR THAN A BURGER KING COULD CERTAINLY GO HERE AND MAKE WORSE TRAFFIC AND BE UNSIGHTLY. 
          ONE OF THE SUPPORT LETTERS YOU'LL SEE IN THE BACKUP ACTUALLY SAYS THAT THEY WELCOME THIS TYPE OF USE TO WALK, TO, TO WALK TO SOME SORT OF SERVICE OR RESTAURANT. 
          THEY WALK TO THEIR VETERINARIAN, THEY WALK TO THEIR DENTIST, THEY WALK TO THEIR PEDIATRICIAN. 
          WE'RE NOT TRYING TO PUT SOMETHING HERE THAT PEOPLE WON'T WANT TO WALK TO. 
          WE WANT TO PUT SOMETHING THAT'S BENEFICIAL TO THE NEIGHBORHOOD AND BENEFICIAL TO THIS AREA. 
          SO IN CLOSING, I WOULD JUST STATE THAT WE'RE HAPPY TO CONTINUE TO WORK WITH THE NEIGHBORHOOD AGAIN, AS WE MOVE FORWARD, BUT I CAN'T WORK WITH NO. 
          SO HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. 
          THANK YOU. 
          OKAY. 
          LET'S CLOSE THE SPEAKERS BEFORE THE PUBLIC HEARING. 
          ALRIGHT. 
          UH, LET'S GO AHEAD AND CLOSE PUBLIC HEARING. 
          UM, THOSE IN FAVOR, UH, LOOK ON, ON. 
          OKAY. 
          WE GOT UNANIMOUS. 
          ALL RIGHT. 
          UH, WITH THAT, UH, LET'S GO AHEAD AND START OUR QUESTIONS AND RECALL, YOU KNOW, WE HAVE FIVE, THREE MINUTES EACH, UH, COMMISSIONER COX. 
          YEAH. 
          FOR THE APPLICANT. 
          UM, I APPRECIATE ALL THE MS. LYNCH. 
          I APPRECIATE ALL THE INFORMATION THAT YOU'VE PROVIDED US. 
          UM, I'VE GOT A QUESTION. 
          SO THE BELOW GRADE PARKING IS, IS GREAT. 
          UM, I THINK IT'S, IT'S ACTUALLY MUCH NEEDED IN THIS AREA WITH SOME OF THE OTHER COMMERCIAL SPACES AND WE'LL HOPEFULLY CONTRIBUTE TO, UH, HAVING PEOPLE NOT PARK IN FRONT OF, IN FRONT OF THE, IN THE NEIGHBORHOOD TO GO TO THESE RESTAURANTS. 
          UM, YOU MENTIONED HOW MANY BELOW GRADE, UM, BASED ON THE PROJECT IS PROPOSED TODAY WITH 36,000 SQUARE FEET OF OFFICE AND 5,000 COMMERCIAL. 
          WE'RE LOOKING AT ABOUT 136 SPACES MORE OR LESS. 
          AND YOU MENTIONED THAT THAT WOULD BE AVAILABLE TO THE PUBLIC. 
          HOW DOES THAT, HOW WOULD THAT WORK AFTER 
          [03:30:01]
HOURS? SO USUALLY WHEN YOU'RE LOOKING AT KIND OF A SHARED PARKING CONCEPT, YOU'RE LOOKING AT HOURS OF OPERATION. 
          SO AN OFFICE USERS WOULD LEAVE AT ABOUT FIVE O'CLOCK TYPICALLY AND IN THE RESTAURANTS, LIKE THE ONE NEXT DOOR COULD USE THAT OVERNIGHT. 
          SO WE'D HAVE TO DO, WOULD THAT BE LIKE A CONTRACTUAL AGREEMENT WITH THE RESTAURANT OR YES, SIR. 
          OR IS IT JUST, OR DOES IT IT'S OPEN TO ANYONE TO DRIVE IN? AND I MEAN, IT COULD, WE HAVEN'T GOTTEN THAT FAR. 
          THIS IS ACTUALLY SOMETHING THAT WE TALKED WITH THE NEIGHBORHOOD ABOUT THAT MAYBE THEY BROUGHT IT UP, I BELIEVE, UM, AND WERE AMENABLE TO IT. 
          SO HOW THAT COMES ABOUT, I'M NOT EXACTLY SURE, BUT YOU KNOW, ANYONE, YOU KNOW, IF YOU DROVE THERE AND WANTED TO WALK TO ANY USE, YOU COULD PARK THERE POTENTIALLY AS LONG AS IT'S NOT CONFLICTING WITH THE OFFICE HOURS DURING THE DAY. 
          OKAY. 
          WOULD, WOULD, UH, IS, IS THERE ANY IMPACT TO YOUR PROPOSED PROJECT IF WE RESTRICTED THE USES OF THAT ADDITIONAL PIECE TO LR USES? UM, I TALKED WITH, UM, A COMMISSIONER ABOUT THAT AS WELL, AND AN, AND A NEIGHBORHOOD INDIVIDUAL WHO WAS ALSO SUPPORTIVE. 
          AND WE LOOKED AT THOSE USES, THERE ARE SOME USES IN CS THAT AREN'T BAD USES THAT I THINK SHOULD BE ALLOWED THAT ARE PROHIBITED IN LR. 
          UM, SO THERE ARE MANY USES THOUGH THAT ARE IN CS THAT I TYPICALLY DO PROHIBIT AND I'M AMENABLE TO MANY OF THE OTHER ONES, BUT I, BUT I'M NOT AMENABLE TO JUST AS STRAIGHT LR. 
          OKAY. 
          UM, THAT INFORMATION WOULD, WOULD BE USEFUL. 
          UM, ALTHOUGH I KNOW WE'RE RESTRICTED IN TIME, AND THEN AS FAR AS HEIGHT GOES ON THIS TRACK, OBVIOUSLY WE'RE NOT TALKING ABOUT THE TRACK. 
          THAT'S THE, THAT THE THAT'S, THE PARKING LOT COMPATIBILITY GOES INTO THIS SMALL LITTLE TRACT IN THE REAR, BUT, UM, TO RAISE WOULD, WOULD IT IMPACT YOUR PROJECT? AND I DON'T THINK IT WOULD, IF WE RESTRICTED THE HEIGHT TO SOMETHING TO THREE STORIES FOR, FOR THIS OR THE SUBJECT TRACK THREE STORIES FOR THE LR PORTIONS AND WE'RE TALKING ABOUT TONIGHT. 
          NO, NO FOR, WELL, WE CAN'T DO ANYTHING ON THE LR OR ON THE EXISTING PARKING. 
          WELL, WHEN I'M TALKING ABOUT IS A HEIGHT RESTRICTION ON THE SUBJECT TRACK, UM, AGAIN, YOU KNOW, WE'RE LOOKING AT HOW DO WE MAKE THIS PROJECT VIABLE AND HOW DO WE MAKE IT FUNCTION WITH A GARAGE COMPONENT? AND SO RESTRICTING THE HEIGHT JUST MAKES IT LESS, UH, MINIMAL, I GUESS, FOR THE PROJECT TO WORK. 
          QUITE FRANKLY, I'M TRYING TO STAND AS THE FOUR-STORY PORTION IS JUST THE FRONT PORTION AGAINST 35TH STREET. 
          CORRECT. 
          ANDREW. 
          AND SO WHAT I'M, WHAT I'M JUST TRYING TO THINK OF IS COMPATIBILITY WILL RESTRICT YOUR HEIGHT ANYWAYS. 
          BUT I'M WONDERING IF, IF, IF WE DID A CEO TO RESTRICT HEIGHT, THE THREE STORIES, JUST TO MAKE SURE DOUBLY SURE THAT THE FOUR STORY COMPONENT OF YOUR PROPOSED PROJECT DOES NOT GO INTO THE ELO AND CLOSER TO THE RIGHT. 
          I'M TRYING TO, I'M TRYING TO ADVANCE THE SLIDES TO GET TO, IT'S NOT WORKING. 
          YOU GO FORWARD PLEASE. 
          A LITTLE BIT MORE, MORE OKAY. 
          YEAH, RIGHT THERE. 
          SO AGAIN, THIS IS WHERE WE'RE TALKING ABOUT COMPATIBILITY IN THE YELLOW BOX. 
          SO THE PART THAT'S ON JEFFERSON IS THE PART WHERE YOU ARE MEETING COMPATIBILITY AND YOU GAIN NOTHING MORE FROM THE CSF ZONING, THE PORTION IN THE BACK, YOU GAIN A SMALL AREA OF THAT. 
          UM, AND SO AGAIN, YOU CAN SEE HERE 900 SQUARE FEET IS WHAT WE'RE GAINING. 
          ADDITIONALLY, GO, GO, GO TO THE, GO TO THE, OH, SO YOU ARE PROPOSING A FOURTH LEVEL IN THE, IN THE, IN THE REAR PORTION, REAL QUICK POINT OF ORDER. 
          ARE WE, UM, WHAT'S OUR TIME? I'M JUST MAKING SURE I THINK WE'RE 15 SECONDS. 
          OKAY. 
          THANK YOU. 
          I GUESS, TO ANSWER YOUR QUESTION, I WOULD LIKE TO BUILD THE PROJECT AS PROPOSED. 
          WE'RE ONLY ASKING FOR A SMALL ADDITION THERE ON THE BACKSIDE. 
          CAN YOU GO TO THE PREVIOUS SLIDE? OH, SORRY. 
          SO THIS ONE, THAT FRONT PORTION IS THE FOURTH DOOR. 
          THE FRONT PORTION YOU SEE HERE IS THREE STORIES, RIGHT? YES. 
          YES. 
          AND THEN AS YOU MOVE TOWARD 35TH STREET, THAT GETS TO FOUR STORIES. 
          OKAY. 
          UM, REAL QUICK, WE ARE, WE DID NOT TAKE ACTION ON THIS AND IT'S MY FAULT. 
          WE NEED TO EXTEND TIME. 
          UH, CAN I MOVE THAT? WE EXTEND OUR TIME UNTIL 11:00 PM, UH, SECONDED BY COMMISSIONER CZAR. 
          THAT'S ONE VOTE. 
          UM, LET'S SEE. 
          WE HAVE HA HANDS FOR SOON UNTIL 11 1 2 3, 4, 5, 6, 7. 
          RIGHT. 
          AM I GETTING IT RIGHT? SEVEN AND THEN, UH, OH BOY, I NEED TO SEE SIT. 
          UM, I'M NOT IN FAVOR OF SAYING TIME TO 11. 
          I CAN'T SEE THE PEOPLE ON THE SCREEN AND I'M SORRY, I'M WAITING ON THAT. 
          ALL RIGHT. 
          SO 
          [03:35:01]
WE'VE GOT, OKAY. 
          THAT PASSES 10 TO ONE, I THINK. 
          AND I CAN'T SEE COMMISSIONER PRACTICES. 
          OKAY. 
          SO WE, UM, STANDARD 11. 
          ALL RIGHT. 
          CONTINUE WITH QUESTIONS. 
          SO I JUST WANTED IT JUST TO CLARIFY SOMETHING FOR HIM, CONDITIONER COX, WHEN YOU, UM, AND ALSO THE OPPOSITE WAS WHEN, WHEN THEY SAID, TALKED ABOUT THE LIST OF USES THAT, YOU KNOW, I HAVE THE LIST. 
          SO JUST, JUST SO YOU HAVE THE LIST YEAH. 
          UH, OF THE USES THAT, UM, TO ADD TO LR, NO, TO PROHIBIT FROM CS THAT SHE HAD TALKED ABOUT. 
          AND SO IF SOMEBODY WANTS TO HEAR THAT, YOU KNOW, AT ONE POINT, THEN WE CAN, BUT I DON'T WANT TO USE MY TIME JUST TO READ IT. 
          ALRIGHT. 
          COMMISSIONERS WITH QUESTIONS, LOOKING AROUND THE ROOM. 
          OH, COMMISSIONER. 
          WELL, I SAVED MUCH TALLER. 
          GO AHEAD. 
          UM, CAN WE TALK ABOUT WHERE THE TRAFFIC, I'M SORRY. 
          I KNOW YOU, CAN WE LOOK AGAIN AT WHERE THE ENTRANCE AND THE EXIT IS GOING TO BE FOR THE UNDERGROUND PARKING AS IT RELATES TO THE NEIGHBORHOOD VERSUS THE MAIN CORRIDOR. 
          AND CAUSE IT SOUNDS LIKE WHAT WE'RE HEARING FROM THE NEIGHBORHOOD IS THE CONCERN THAT, YOU KNOW, THE TRAFFIC WILL BE THROUGH PEDESTRIAN WAYS. 
          I DO KNOW THOSE STREETS ARE A LITTLE TIGHT THERE, SO KIND OF WANTED TO TAKE ANOTHER LOOK AT THAT AND SEE IF MAYBE IT MAKES A LITTLE MORE SENSE WHEN ALL OF US ARE LOOKING AT IT TOGETHER. 
          YES. 
          COMMISSIONER, WE COULD GET THE PRESENTATION UP AGAIN, PLEASE. 
          I DON'T KNOW WHY I'M NOT ABLE TO DO IT. 
          SORRY. 
          UM, IF YOU'D GO BACK AND PROBABLY BE ON THAT STREET MAP. 
          YEAH. 
          SO WE KNOW THE NEIGHBORHOODS COMING. 
          SORRY. 
          SLIDES BACK PLEASE. 
          A COUPLE MORE. 
          OKAY. 
          UM, SO AGAIN, JUST TO REFRESH THE ENTRY AND ACTUALLY THERE'S OFF OF JEFFERSON, UM, AND THEN YOU HAVE AN EXIT ONLY OFF OF GLEN VIEW. 
          SO IF YOU GO BACK ONE MORE, I'M SORRY. 
          ANOTHER, ANOTHER. 
          OKAY. 
          SO PEOPLE CAN LARGELY, IF YOU SEE THE LR BLOCK THERE, WHEN YOU GOT TO GO BACK FROM THE INTERSECTION, THAT'S WHERE THE DRIVEWAY GARAGE ENTRANCE IS GOING TO BE. 
          IT CAN'T BE ANY CLOSER TO THE INTERSECTION. 
          UM, SO PEOPLE WILL IDEALLY GO TO THE INTERSECTION TO USE THIS SAFER LEFT TURN LANE. 
          UM, AND PEOPLE WILL EXIT ANOTHER GLEN VIEW COULD GO UP TO THE INTEREST OF 35TH AND THEN TAKE THAT JOG DOWN. 
          UM, INSTEAD OF WINDING THROUGH THE NEIGHBORHOOD, AGAIN, I'M NOT, I HAVEN'T DONE A TRAFFIC STUDY TO ASCERTAIN WHY PEOPLE WOULD TAKE A RIDE ON GLENVIEW AND HEAD TO THE NEIGHBORHOOD WHEN IT'S EASIER TO HOP ON THOSE ROADS AND MOVE QUICKLY. 
          BUT SO IT WOULD BE SOME TRAFFIC CONCERN CROSSING THOSE TWO LANES. 
          IF YOU'RE GOING TO CROSS, THEN YOU NEED TO GO TO THE INTERSECTION. 
          ABSOLUTELY. 
          OKAY. 
          A LITTLE CONCERN. 
          SO IF I'M UNDERSTANDING YOU CORRECTLY, THE EXIT IS GOING TO BE OFF GLENVIEW COMING UP. 
          SO EXIT ON JEFFERSON AS WELL AS GLEN, THERE IS AN EXIT ON JEFFERSON. 
          SO IF YOU'RE LEAVING THE RODS, YOU CAN COME IN OR OUT OFF JEFFERSON THERE AND GET BACK TO THE LIGHT. 
          THAT'S A SAFER WAY TO GO. 
          OKAY. 
          SO I JUST WANT TO MAKE SURE THAT THE NEIGHBORHOOD UNDERSTANDS THAT WHEN COMPATIBILITY COMES IN, THEY WON'T GET THAT HIGH CLOSE TO THE NEIGHBORHOOD. 
          THAT'S GOING TO HAVE TO BE UP FRONT. 
          THEY'RE NOT, THAT'S NOT GOING TO BE BACKED BY THEIR HOUSES. 
          AND YOU'RE TRYING TO MAKE SURE THAT YOUR TRAFFIC SWINGS UP ON THAT CORRIDOR AND NOT BACK INTO THE NEIGHBORHOOD IF I'M UNDERSTANDING CORRECTLY. 
          CORRECT. 
          OKAY. 
          THANK YOU. 
          UH, COMMISSIONER SHEA, I GUESS I'D LIKE TO SPEAK WITH MAYBE ONE OF THE RESIDENTS. 
          I DON'T KNOW IF ANYBODY COME UP SO I HAVE A SIGN AT LEAST QUALIFY AS THAT. 
          SO, UM, YOU KNOW, WE'RE, WE'RE CHALLENGED WITH THE CITY GROWTH AND DEVELOPMENT AND TRANSFORMATION IN FRONT OF US ALL THE TIME. 
          AND WE HAVE HERE, YOU KNOW, 35TH STREET, WHICH, YOU KNOW, I HEAR THAT, YOU KNOW, EVERYBODY TALKS ABOUT THE CHARACTER OF IN WITH RESTAURANTS AND SHOPS AND BOUTIQUES AND SOME OFFICES AND STUFF. 
          AND, AND SO WHAT IF WE ARE ABLE TO KEEP THAT AND KEEP, YOU KNOW, FIND A WAY, AND AGAIN, I TRY TO FIND A WIN-WIN RIGHT, AND TO SOMEHOW CREATE A CHARACTER THAT STILL ALLOWS THAT WALKABILITY AND THEN FORCEMENT OF WHAT, YOU KNOW, W WHAT EVERYBODY'S TALKED ABOUT. 
          I MEAN, LIKE, I MEAN, WOULD THAT BE AMENABLE APPROACH, YOU KNOW, TO START LOOKING AT IT BECAUSE SIZE WISE, YOU KNOW, I, I WE'RE CONFLICTED WITH THE, THE, UM, YOU KNOW, LIKE THE COMPREHENSIVE PLAN OF AUSTIN AND NEW ZEALAND AS CORE TRANSIT QUARTERS AND ON THE EDGES AND HOW WE BUILD IN. 
          AND, AND YET THERE ARE WAYS TO HELP MAKE THINGS MORE COMPATIBLE AND CREATE THE EXPERIENCE THAT WE'RE HOPING FOR. 
          AND WE WENT THROUGH A LOT OF THIS IN CODE NEXT, AND I'M JUST KIND OF CURIOUS IF YOU'VE EVEN CONSIDERED CRAFTING THOSE USES WITH THE APPLICANT. 
          WELL, UM, YOU KNOW, UM, FUN 
          [03:40:01]
FACT, I'M A MEDIATOR FOR A LIVING, AND SO WE'RE ALWAYS WILLING TO WORK OUT, I MEAN, WORK OUT SOMETHING, UM, WE JUST HAVEN'T HAD THE OPPORTUNITY HERE. 
          I MEAN, IT'S HARD TO WORK WITH. 
          YES. 
          SO, YOU KNOW, WE'RE GLAD TO, IF YOU, IF YOU WANT TO GIVE US MORE TIME TO SIT DOWN AND TALK WITH THEM, BUT WHAT WE'RE TALKING ABOUT IS AN AND THERE COULD BE SOME SOLUTIONS, BUT PROBABLY CAN'T REACH HIM TONIGHT, BUT THERE COULD BE SOME SOLUTIONS. 
          WHAT WE'RE TALKING ABOUT IS THE ADVERSE CONSEQUENCE OF REZONING, LR TO CS, AND WE CAN LABEL 35TH STREET, WHATEVER WE WANT TO LABEL IT, BUT IT DOESN'T CHANGE WHAT IT IS. 
          AND SO THERE'S ANOTHER, THAT'S THE ADVERT. 
          IF, IF HAVING S IF HAVING CS ON THE PARKING LOT IS A RATIONALE FOR CHANGING LR TO CS, THEN YOU'RE PROVING OUR POINT. 
          BUT NEXT DOOR, NEXT TO THAT LR, LET ME JUST SAY REAL QUICK IS N O OKAY. 
          SO WHAT'S GOING TO HAPPEN WHEN THEY COME IN AND SAY, WE'RE NEXT TO CS. 
          LET'S GO AHEAD. 
          OKAY. 
          SO, CAUSE I'M, I'M WATCHING MY TIME, SORRY. 
          OKAY. 
          BECAUSE DEPENDING ON WHAT THIS DEVELOPMENT BECOMES, RIGHT. 
          WHEN I'VE, WHAT I'VE HEARD AND SEEN WAS, OKAY, IT'S LIKE AN OFFICE AND MAYBE LITTLE SHOPS OR SOMETHING LIKE THAT. 
          AND THEN IF IT'S, IF IT'S CS, CS CAN DO A CAR SHOP, AUTOMOTIVE REPAIR, THEY COULD PUT A CAMPGROUND ON MEDIC, BUT ADULT ORIENTED BUSINESS. 
          THERE'S SO MANY THINGS I COULD DO ON IT. 
          BUT IF WE FIND A WAY THAT WE CAN END UP BOOTSTRAPPING THE OVERALL PROJECT, RIGHT. 
          THAT WHATEVER GETS BUILT IS THEN HELD TO THE GROUNDS OF CERTAIN USES, RIGHT. 
          BY FORM. 
          AND BY, BY THE ATTACHMENT TO THE LR, THEN WE FIND A WAY TO HELP CLEAN UP. 
          LIKE YOU SAID, YOURSELF, SEE US WAS, SHOULDN'T BE THERE, RIGHT. 
          IT'S MAYBE THAT'S A NEW THING, EVEN BY TODAY'S, EVEN BY THE, LIKE THE NEW CODE NEXT, AS WE WERE LOOKING AT, WE TALKED ABOUT FORM AND USE AS A SEPARATE THINGS, YOU KNOW, AND, AND THIS GIVES THE OPPORTUNITY TO POTENTIALLY DO THAT, BUT YOU GOT TO WORK THROUGH THESE USES. 
          UM, WE'RE GLAD TO DO THAT. 
          WE'VE ALWAYS BEEN GLAD TO DO THAT. 
          OKAY. 
          THANKS. 
          THANK YOU, SIR. 
          THANKS. 
          I'LL GET MY WATER THIS TIME. 
          YOU NEVER KNOW. 
          SO LET'S GO PUT IT. 
          NUMBER FOUR, WE HAD COMMISSIONERS WITH QUESTIONS AND CONCERNS ARE, I DON'T HAVE A LOT OF QUESTIONS. 
          THIS IS A QUESTION FOR THE APPLICANT. 
          CAN YOU PLEASE WALK US THROUGH, WHAT ARE SOME OF THE COMMUNITY BENEFITS THAT YOU ALL HAVE WORKED ON OR ITEMS THAT YOU HAVE CONSIDERED AROUND TRAFFIC AND BARKING? UH, YES. 
          COMMISSIONER, UM, COMMUNITY BENEFITS. 
          UM, SO BASICALLY, YOU KNOW, WE ARE LOOKING AT A PROJECT THAT IS COMPLIANT AND COMPATIBLE WITH THE NEIGHBORHOOD. 
          I KNOW EVERYBODY GETS HUNG UP ON HEIGHT. 
          UM, BUT I THINK A PROJECT THAT WENT HERE THAT WAS HERE TODAY THAT COULD GO HERE TODAY IS MUCH WORSE THAN WHAT WE'RE PROPOSING. 
          I DON'T THINK MANY PEOPLE GET MUCH OUT OF A DRIVE-THROUGH BANK. 
          I DON'T THINK MANY PEOPLE GET MUCH OUT OF A BURGER KING THAT MAY OR MAY NOT HAVE A DRIVE-THROUGH IN THE FUTURE. 
          UM, SO WHEN WE WERE LOOKING AT THAT PERSPECTIVE, WE WERE LOOKING AT COMMUNITY BENEFITS OF BRINGING THIS USE THAT WOULD BRING SERVICES TO THE NEIGHBORHOOD THAT PEOPLE WOULD BE PROUD OF AND USE, AND LIKE THE STRUCTURE, UM, YOU KNOW, WE'RE NOT DOING RESIDENTIAL, SO I CAN'T GET INTO THE AFFORDABLE HOUSING DISCUSSION, MAYBE THANKFULLY TONIGHT, UM, OR HOUSING. 
          UM, YOU KNOW, WE'RE LOOKING AT IMPROVING THE LANDSCAPING COMMERCIAL DESIGN STANDARDS. 
          UM, WE FEEL LIKE THE PROJECT IS GOING TO HAVE LESS OF A TRAFFIC IMPACT. 
          UM, THIS KIND OF BUILDING MIGHT BE MORE DESIRABLE PEOPLE TO ACTUALLY WALK AND VISIT TOO. 
          NO ONE PROBABLY WANTED TO WALK TO A BURGER KING. 
          NO ONE'S GOING TO WALK TO A DRIVE-THROUGH BANK. 
          UM, SO THOSE ARE THE KIND OF HOST OF COMMUNITY BENEFITS THAT I THINK WE CAN REACH WITH SOMETHING LIKE A CASE WITH A CA. 
          SURE. 
          AND I GUESS JUST TWO QUESTIONS. 
          IS THERE ANY SORT OF INTERSECTION IMPROVEMENTS OR SOMETHING WITH DAILY TRAFFIC OR SOMETHING LIKE THAT? CORRECT. 
          ONCE WE GO TO A SITE PLAN LEVEL, UM, THEN THE NEW STREET IMPACT FEES WILL KICK IN AND WE'LL LOOK AT ALL THE OTHER ADDITIONAL IMPROVEMENTS IN THE AREA. 
          I THINK WHAT I RECALL LOOKING AT THERE WAS THAT ADDITIONAL SIDEWALKS AND CROSSWALKS WERE DESIRED. 
          I APPRECIATE THAT. 
          AND THEN, UH, IS THE BARKING OPEN TO SORT OF OTHER USES IN THE AREA AS WELL, OR THAT IS SOMETHING THAT WE'RE OPEN TO YES. 
          AND DISCUSSING. 
          SO THE PARKING COULD ESSENTIALLY BE PART OF A BENEFIT BECAUSE THERE THERE'S A NEED FOR PARKING OF THE NAME. 
          TRUE. 
          CORRECT? YES. 
          I APPRECIATE THAT. 
          AND THIS IS A QUESTION FOR STAFF. 
          I'M NOT STAFF, I'M NOT SURE IF STAFF Y'ALL WILL BE ABLE TO FULLY ANSWER THIS, BUT CAN YOU HELP ME UNDERSTAND SORT OF STAFF'S ROLE IN AS ESTIMATING SORT OF THE CURRENT DRIP GENERATION FROM THE BURGER KING OR UNDERSTANDING WHAT THE CHANGE IN DRIP GENERATION IS? AS, AS I UNDERSTAND THAT THE BURGER KING IS VACANT, SO IT'S NOT, IT IS NOT PRESENTLY GENERATING ANY TRIPS. 
          UM, AND THEN, YOU KNOW, THEY, AT THIS TIME OF SITE PLAN, THE, THE NEW USE WOULD, OR THE PROPOSED USE WOULD GENERATE A CERTAIN NUMBER OF TRIPS AND THAT WOULD BE CONNECTED 
          [03:45:01]
WITH THE PROPOSED TRAFFIC IMPROVEMENTS. 
          ALL THAT WOULD BE LOOKED AT BY THE AUSTIN TRANSPORTATION DEPARTMENT. 
          I APPRECIATE THEM. 
          MAYBE YOU'RE NOT THE BEST PERSON TO ASK THIS QUESTION. 
          MAYBE YOU'RE NOT READY TO ANSWER THIS, BUT WOULD YOU THINK THAT THAT GENERATION, THAT THEY'VE ESTIMATED FOR THE, FOR THE BURGER KING SOUNDS REASONABLE? I, I REALLY DON'T. 
          I'M SORRY. 
          I DON'T HAVE A BACKGROUND IN, I COMPLETELY UNDERSTAND. 
          I APPRECIATE THAT. 
          IT SOUNDS LIKE THE APPLICANT WANTS TO SAY SOMETHING AS WELL AS WELL. 
          I WAS JUST GOING TO SAY THOSE NUMBERS ARE FROM THE INTERNATIONAL TRAFFIC, UM, STUDIES THAT NATIONALLY. 
          OKAY. 
          THANK YOU. 
          UH, LAST QUESTION. 
          OKAY. 
          LET'S MOVE ON TO HAVE MOTION. 
          SOMEBODY. 
          I MAKE A MOTION TO GRANT THE NAVY, UH, SORRY TO GRANT THE APPLICANT'S REQUEST A ZONING CHANGE FROM LRN TO CSMP. 
          ALL RIGHT. 
          DO WE HAVE A SECOND, UH, COMMISSIONER ASAR? OH, I'M SORRY. 
          SO DO YOU WANT TO SPEAK TO YOUR MOTION? UM, I'M SURE. 
          I MEAN, I DON'T EVEN REALLY HAVE TOO MUCH TO SAY THAT HASN'T ALREADY BEEN SAID HERE AND HAS BEEN SAID VERY WELL, BUT, UM, I THINK THE APPLICANT HAS BEEN MORE THAN REASONABLE. 
          THE APPLICANT IS, UH, ONLY PLANNING TO USE A SECTION OF THE SITE AND THERE'S COMPATIBILITY IS BEING MAINTAINED. 
          THE KNEE, THE APPLICANT, UH, IS ALSO PROPOSING A NUMBER OF IMPROVEMENTS THAT WILL LIKELY REDUCE CAR TRAFFIC IN THE NEIGHBORHOOD, MAKING IT EASIER FOR FOLKS TO WALK IN THAT REGION. 
          I HAVE ACTUALLY WALKED AROUND THERE AND KNOW THAT IT'S NOT A VERY, THAT INTERSECTION. 
          THERE IS NOT VERY PEDESTRIAN FRIENDLY AT THE MOMENT, PARTICULARLY NOT AT NIGHT, UM, WHEN THINGS GET A LITTLE DARKER. 
          SO, UM, THE NEW PROJECT THAT THE APPLICANT IS PROPOSING WILL LIKELY ACTUALLY MAKE THAT AREA FRIENDLIER AND SAFER, UM, FOR FAMILIES AND NEIGHBORHOOD RESIDENTS AS WELL. 
          THAT'S ALL THAT. 
          SORRY. 
          SO I, UH, GO AHEAD AND FINISH YOUR SHIT. 
          I THINK YOU'RE THINKING OF WHAT I'M THINKING. 
          I'M GOING TO MAKE A SUBSTITUTE MOTION, BUT A SUBSTITUTE OR AMENDMENT I'D LIKE TO MAKE AN AMENDMENT. 
          OKAY. 
          IF YOU CAN MAKE AN AMENDMENT, I THINK OF IT'S JUST BUILDING ON WHAT WAS DONE AND NOT TOTALLY CHANGING WHAT WAS EMOTION? OKAY. 
          SO THIS IS, UM, THIS IS A LIST OF USES THAT THE APPLICANT HAS AGREED TO, UH, REMOVE OUT OF CS, WHICH MAKES IT A LOT MORE COMPATIBLE WITH EXACTLY WHAT EVERYBODY HAS BEEN TALKED ABOUT FROM STAFF TO THE APPLICANT, TO THE NEIGHBORHOOD. 
          EVERYBODY IS IN AGREEMENT WITH THIS, ARE THOSE IN A CERTAIN EXHIBIT? NO, BECAUSE THIS WAS STUFF THAT WE'VE BEEN, I'VE BEEN TRYING TO, I WAS IN DISCUSSIONS IN CHINA, UNDERSTAND, UM, IN ORDER LIKE WHAT THE PROJECT WANTED TO BE. 
          AND SO I CAN READ THEM. 
          LET ME, UH, CHECK WITH THE MOTION MAKER. 
          ARE YOU A MEDIAL TO SOME CHANGES TO THE USES AS A AMENDMENT? OR SHOULD YOU THINK THIS CHANGES YOUR EMOTION CHANGES TO THE USES HAVE AGREED, HAVE BEEN AGREED UPON BY THE APPLICANT THEN I'M AMENABLE TO COMMERCIAL LANDS AND RIVERA. 
          JUST REMEMBER, REMEMBER THAT AMENDMENT BELONGS TO THE BUDDY AND NOT TO THE MAKER. 
          OH, OKAY. 
          SUNDAY AMENDMENT. 
          YES. 
          WE HAVE TO, WE HAVE TO GET A SECOND ON THE AMENDMENT. 
          ALL RIGHT. 
          SO GO AHEAD. 
          OKAY. 
          SO, UM, OKAY. 
          GOT TO PUT MY GLASSES ON. 
          THESE ARE REALLY KIND OF THE SO SMALL. 
          OKAY. 
          UM, AGRICULTURAL SALES AND SERVICES. 
          WE HAVE AUTOMOTIVE RENTALS, AUTOMOTIVE REPAIR SERVICES. 
          THESE ARE CS ALOUD. 
          ARE YOU, ARE YOU SAYING THAT WE'RE PULLING THEM OUT OF SEE? YEAH. 
          OKAY. 
          THERE'S UH, EQUIPMENT REPAIR SERVICES, EQUIPMENT SALES, EXTERMINATING SERVICES, THERE'S AUTOMOTIVE SALES AUTOMOTIVE WASHING OF ANY TYPE BELL BOND SURFACES, BUILDING MAINTENANCE SERVICES, CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, CONSTRUCTION, SALES AND SERVICES, OUTDOOR SPORTS RECREATION, PAWN SHOP SERVICES, PETTY CAB STORAGE AND DISPATCH, UH, PLANT NURSERY, KENNELS, UM, CUSTOM MANUFACTURING, LIMITED WAREHOUSE AND DISTRIBUTION, INDOOR CROP PRODUCTION, UH, SERVICE STATION, VEHICLE STORAGE, UM, TRANSPORTATION, TERMINAL, AND MAINTENANCE AND SERVICE FACILITIES. 
          AND I HOPE PEOPLE CAN UNDERSTAND WHAT THIS CEO IS DOING BY TAKING THAT, UH, THESE USES BEING REMOVED, KEEPS IT CLOSER TO WHAT WE CAN SEE AS A TYPE OF COMMUNITY COMMERCIAL. 
          SO DO WE HAVE A SECOND FOR THIS MOTION? COMMISSIONER IS OUR SECOND SET, SO IT 
          [03:50:01]
BELONGS TO THE BODY. 
          SO LET'S GO AHEAD. 
          DO WE NEED TO, CAN WE CALL THE COURT IF WE CAN VOTE TO CALL THE QUESTION? IF I CAN GET NINE VOTES, WE JUST VOTED ON IT OR DO YOU WANT TO DISCUSS IT? DO WE NEED DISCUSSION? OKAY. 
          I'M GOING TO GO AHEAD AND ASK THE CALL THE QUESTION, WHICH MEANS WE'RE GOING TO GO AHEAD AND SKIP THE DEBATE AND JUST MOVE TO VOTE. 
          SO WE GET NINE VOTES. 
          WE CAN CALL THE QUESTION. 
          SO WE'VE GOT A SEVEN AND THEN ON THE SCREEN, WE'VE GOT TWO. 
          SO WE'RE GOING TO GO AND VOTE ON THIS MOTION. 
          YEAH. 
          OKAY. 
          10. 
          SO WE'RE GOOD. 
          WE GOT A, WE WERE GOING TO GO AND VOTE ON THE, EVERYBODY CLEAR ON THE AMENDMENT. 
          OKAY. 
          DO YOU HAVE A POINT EVERY, OKAY. 
          ALL RIGHT. 
          LET'S GO ON AND VOTE ON THE AMENDMENT. 
          UH, BY COMMISSIONER, UH, SHAY SECONDED BY COMMISSIONER IS OUR, UM, OKAY. 
          WE'VE GOT SEVEN. 
          UH, AND ON THE SCREEN WE'VE GOT THREES, SO THAT'S, WE'VE GOT FOUR. 
          SO THAT'S A 11 IN FAVOR. 
          AND THEN AGAINST REAL QUICK ON THE DIAS, WE HAVE ONE AGAINST AND TWO. 
          SO THAT'S 11 TO TWO THAT MOTION, THAT AMENDMENT PASSES. 
          SO NOW WE GO BACK TO THE, UM, LET'S SEE, GOING BACK TO WHO, WHO PROPOSED THIS INITIALLY COMMISSIONER CONLEY SECOND BY COMMISSIONER CZAR. 
          AND THIS WAS FOR THE APPLICANT'S REQUESTS. 
          SO LET'S GO AND VOTE ON, WE NEED DISCUSSION OR CAN WE CALL THE QUESTION? YEP. 
          WE HAD TWO, NO VOTES IF THERE'S ANYBODY LIKE DISCUSSION. 
          OKAY. 
          ALL RIGHT, LET'S GO AHEAD AND, UM, UH, START WITH, I'M SORRY. 
          I GOT CONFUSED. 
          YES, GO AHEAD. 
          I APOLOGIZE. 
          UM, I'D LIKE TO CHANGE MY VOTE. 
          WE'RE VOTING ON THE AMENDMENT, CORRECT? YES. 
          WE WERE ONLY VOTING ON THE AMENDMENT TO EXCLUDE USES. 
          YES. 
          I'M SORRY. 
          I MEANT TO VOTE FOR THAT. 
          I GOT CONFUSED. 
          OKAY. 
          THANK YOU. 
          SO IT STILL PASSES. 
          UM, THANK YOU. 
          UH, SO NOW LET'S GO AHEAD AND, UH, ORDER IN ORDER TO CHANGE IT, WOULD WE NOT HAVE TO ACTUALLY GO AHEAD AND VOTE FOR RE VOTE AND THEN VOTE ON IT?  SINCE THE AMENDMENT WAS PASSED TO HAVE A REVOLT, YOU WOULD HAVE TO HAVE A MEMBER FROM THE PREVAILING SIDE OF THE AMENDMENT, MAKE A MOTION TO RECONSIDER, HAVE A SECOND, AND THEN RE VOTE ON THE AMENDMENT, WHICH MAY BE UNNECESSARY SINCE IT PASSED. 
          YEAH, IT PASSED. 
          CAN WE PLEASE JUST MOVE ON? I KNOW, UH, IF YOU'RE OKAY WITH THAT COMMISSIONER, YOU HONESTLY, I'M SORRY. 
          I JUST WANTED TO MAKE SURE WE WERE FOLLOWING THROUGH. 
          NO, YOU ARE. 
          YOU'RE CORRECT. 
          THAT IS THE PROPER PROTOCOL. 
          I'M JUST TRYING TO MOVE THINGS ALONG. 
          SO APOLOGIES. 
          UH, SO LET'S GO AND VOTE ON THE MOTION. 
          UH, BUT I'M SORRY. 
          WE WON DEBATE. 
          SO WHO, WHO WANT, CAN MR. CONLEY, YOU WANT TO SPEAK TO YOUR EMOTION? I CALL IT, CALL THE QUESTION. 
          OKAY. 
          OKAY. 
          UH, CALL HIM THE QUESTION. 
          THAT'S ABOUT TO CALL THE QUESTION, WHICH MEANS WE'RE GOING TO MOVE THIS DEVOTE TO NEW. 
          I DON'T UNDERSTAND WHAT I'M DOING, YOU KNOW, WE'RE, WE'RE TRYING TO GET THINGS AHEAD AND GO AHEAD AND VOTE AND LIMIT DEBATE. 
          THAT'S WHAT WE'RE DOING. 
          TAKING COMMISSIONER CONNOLLY'S MOTION WITH THE AMENDMENT. 
          YES. 
          YES. 
          THANK YOU. 
          SORRY. 
          SORRY. 
          UH, BUT RIGHT NOW WE'RE JUST VOTING TO CALL THE QUESTION RIGHT NOW. 
          SO THIS WOULD GET US TO THE VOTE. 
          SO LOOKING AROUND THE ROOM, WE GOT A EIGHT HERE AND WE'VE GOT HOW MANY ON THE SCREEN? 11. 
          OKAY. 
          WE GOT 11. 
          UH, AND THOSE NOT IN FAVOR OF CALLING THE QUESTION, UH, DOES, UH, ABSTAINING. 
          OKAY. 
          I'VE SEEN COMMISSIONER 11 ONE TO ONE. 
          SO LET'S GO AHEAD AND VOTE ON THIS MOTION. 
          AND AGAIN, THIS IS THE APPLICANTS REQUEST, UH, BY COMMISSIONER CONLEY SECOND BY COMMISSIONER AZHAR. 
          AND WE DID APPROVE THE AMENDMENT, WHICH IS THE, THE USES THAT WERE IN THE AMENDMENT. 
          OKAY. 
          LET'S GO INTO THAT. 
          SO IT WAS ON THE DICE. 
          WE'VE GOT, IT'S UNANIMOUS WITH EIGHT AND THOSE ON THE SCREEN IN FAVOR. 
          I SEE 1, 2, 3 IN FAVOR FOUR. 
          OKAY. 
          FOUR AND EIGHT. 
          SO THAT'S 12 AND THEN THOSE AGAINST A ONE. 
          OKAY. 
          12 TO ONE. 
          THAT MOTION PASSES. 
          OKAY. 
          ALL RIGHT. 
          AND I LIKE TO JUST KINDA TELL THE NEIGHBORHOOD AND ALSO THE APPLICANT THAT THERE'S STILL TIME TO WORK TOGETHER AND TO, UM, CRAFT THIS AS YOU GET TO COUNSEL. 
          SO TAKE A LOOK AT THE USES AND YOU CAN WORK WITH, UM, WORK WITH THE APPLICANT ON THAT. 
          THANK YOU. 
          OKAY. 
          FOLKS, UH, IT'S 10, 12, UM, WHICH IS OUR NEXT SITE. 
          AND WE DECIDED TO TAKE THESE IN ORDER. 
          SO WE ARE GOING TO HELP ME OUT HERE. 
          NINE B NINE. 
          DO WE HAVE STAFF? I GUESS WE'RE GIVEN A, WE NEED 
          [03:55:01]
A LITTLE TIME TO TRANSITION. 
          UM, REAL QUICK DISCUSSION REAL QUICK, ANDREW I'M CONSIDERING POSTPONING C2. 
          CAN'T WE BUNDLE THAT WITH, AFTER WE HAVE A LEGAL OPINION AND TAKE THAT ALL AT ONCE. 
          I MEAN, IT, WE CAN STILL GET A LEGAL OPINION AND, AND CONSIDER THAT IN ANOTHER TIME. 
          IT'S IS THAT RIGHT? CHUCK MENTIONED WHILE HE'S ON ANDROID, THAT'S THE DESIRE THE COMMISSION YOU CAN CERTAINLY DO. 
          SO I THINK, UH, BUT THE, WAS IT THE, THE DESIRE AS WELL TO HEAR FROM THE CITY MANAGER AND THE CITY CLERK ONCE THE MOTION WAS PASSED. 
          OKAY. 
          ALL RIGHT. 
          WE MADE, WE'LL TAKE THAT UP LATER. 
          LET'S GO. 
          I GUESS WE'RE WAITING ON FOLKS TO COME INTO CHAMBERS, MR. WHICH, SORRY, WHICH ITEM WOULD BE GOING NEXT? UH, BENIGN. 
          UH, YES. 
          THAT WAS CHANGED FROM CONSENT AND DISCUSSION. 
          ARE WE ALLOWED TO REQUEST A CHANGE ORDER? WE CAN, YOU CAN PROPOSE THAT WE CAN VOTE ON IT. 
          WE CAN STILL DO THAT. 
          I'M NOT SURE. 
          YEAH. 
          I'M NOT SURE HOW TO PROPOSE IT, BUT I, I WOULD LIKE US TO MOVE TO BE 11 THERE IT'S, IT'S BEEN ON AND OFF AND OUR AGENDA. 
          NUMBER OF TIMES, THERE ARE A LOT OF PEOPLE THAT HAVE BEEN WAITING TO SPEAK ON THAT CONCERN. 
          WE'RE GONNA RUN OUT OF TIME OR WE'RE GOING TO CALL THE MEETING AND THAT'S GOING TO GO ON TO ANOTHER PC MEETING AND, YEAH, WELL, WE CAN VOTE, UH, I MEAN, MAKE THE MOTION, GET A SECOND AND LET'S GO AHEAD AND PUT IT UP. 
          SO I'D LIKE TO MAKE A MOTION TO MOVE TO ITEM B 11 AND FOLLOW ITEM B 11 WITH BENIGN. 
          IF THE MEETING CONTINUES. 
          YES. 
          SECOND TO GO OUT OF ORDER, BUT I HAVE A QUESTION. 
          SURE. 
          UM, HAS ANYONE SIGNED UP FOR BENIGN? YES. 
          UH, WE HAVE, UH, TWO MEMBERS FROM THE COMMUNITY, UH, TO SPEAK ON THE ITEM. 
          ALL RIGHT. 
          SO, UH, LET'S GO. 
          WE HAVE A SECOND FOR GOING OUT OF ORDER. 
          UH, SEE COMMISSIONER COX SEX IS SECOND. 
          SO YOUR MOTION LET'S GO AND VOTE ON THIS, DO GO OUT OF ORDER. 
          UH, THOSE ARE SOME OF THE DIETS THAT ARE IN FAVOR OF TO THOSE, UH, TWO, TWO. 
          OKAY. 
          THAT MOTION FAILS. 
          ALRIGHT, LET'S TAKE UP THE NEXT CASE WE HAVE STAFF, WE HAVE STAFF READY. 
          UM, IRONICALLY I'LL THIS APPEARS THAT, UH, STAFF MAY BE HAVING AN ISSUE LOGGING ON. 
          UM, BUT WHAT WE CAN DO IS HEAR FROM THE APPLICANT. 
          OKAY. 
          THAT WOULD BE GREAT. 
          [B9. Right of Way Vacation: 2021-047001 - Harvey Street between E. 12th and Sol Wilson Avenue District]
OKAY, DEAR. 
          ALL IN OUR DUES TO MYSELF WHILE WE'RE GETTING THE PRESENTATION UP. 
          UH, MY NAME IS PAM MADEIRA. 
          I'M WITH JACKSON WALKER AND I'M REPRESENTING, UM, THE APPLICANT. 
          THIS IS, UH, THE REQUEST FOR A VACATION OF RIGHT OF WAY FOR HARVEY STRAIGHT, WHICH IS RIGHT OFF OF EAST 12TH STREET. 
          AND, UH, BUT OAK GROVE. 
          AND SO WILSON, IT IS A SMALL AREA OF RIGHT OF WAY. 
          UM, GOING BACK TO THE LATE 18 HUNDREDS THAT HAS NEVER HAD A ROAD ON IT AND HAS NEVER BEEN USED AS A ROAD, UM, CURRENTLY, UM, IT IS, UH, IT CUTS AS A DIAGONAL, AS YOU WILL SEE FROM THE PRESENTATION. 
          JUST A MOMENT WE'RE, Y'ALL ABLE TO. 
          GREAT, THANK YOU. 
          SO, UM, AS YOU CAN SEE ON THE PRESENTATION RIGHT THERE, UM, THERE'S, IT'S WITHIN THE BLUE BOX AREA. 
          UM, THERE IS A DIAGONAL AND THAT IS, UM, HARVEY STREET. 
          AND THAT PORTION THAT IS WITHIN THE BLUE BOX, THE ROAD CUTS DIAGONALLY, UM, HAS NEVER BEEN BUILT, UM, AND IS NOT USED AS A ROAD. 
          UH, CITY STAFF IS RECOMMENDING THE VACATION OF THE RIGHT OF WAY, AND THAT IS SUPPORTED BY, UM, THE CITY OF AUSTIN'S TRANSPORTATION DEPARTMENT. 
          UM, THEY NEVER INTEND TO BUILD A ROAD THERE FOR SEVERAL REASONS, BUT I THINK THE MOST IMPORTANT OF WHICH IS THAT IF THEY WERE TO BUILD THAT AREA OF HARVEY, IT WOULD CREATE A TRAFFIC ISSUES AND WOULD DISSECT, UH, EAST 12TH STREET AND THE SURROUNDING STREET IN, UH, IN A, UM, UNUSABLE AND DANGEROUS MANNER. 
          UM, THE APPLICANT IS SUPPORTED BY THE SURROUNDING PROPERTY OWNERS THAT WERE WITHIN THAT SQUARE AND SEE IF WE CAN GET IT UP NOW THAT ARE IN, WITHIN THIS BLUE SQUARE AREA, UM, RELATED TO THE VACATION. 
          UM, THE, UH, HARVEY STREET THAT IS SHOWN IN THAT AREA, UM, HAS BEEN, UM, 
          [04:00:01]
NEGLECTED OVER TIME. 
          UM, ONE OF THE LANDOWNERS, UM, DATING BACK DECADES AND DECADES AGO, UM, USED TO HAVE A GARAGE, UM, ON ONE OF THE SITES. 
          AND, UH, THE AREA OF HARVEY STREET WAS CONTAMINATED WITH CHEMICALS. 
          UM, THE APPLICANT HAS BEEN, UM, UH, A LOT OF TIME, YEARS NOW AND INCREDIBLE AMOUNT OF MONEY, UM, CLEANING THAT AREA UP AND REMOVING THE CONTAMINATION FROM, UH, THE HARVEY STREET RIGHT AWAY AT ITS OWN COSTS. 
          AND, UM, AND IN FACT SHOULD BE, UH, RECEIVING THE FINAL CERTIFICATE FOR THAT, UH, IN THE VERY NEAR FUTURE. 
          HERE ARE, UM, HERE IS A PHOTO OF SHOW THAT IT'S A, UM, HISTORICAL PHOTO SHOWING, UH, THE HARVEY STREET RIGHT AWAY, KIND OF OVERLAYED OVER THE MAPS. 
          YOU CAN KIND OF SEE HOW IT EXISTS IN THE WORLD AS A DIAGONAL DIAGONAL THERE. 
          UM, THERE'S THE BROWN BUILDING THAT IS ON THE LEFT. 
          THAT'S A LONG OAK GROVE THAT HAS NOW BEEN DEMOLISHED AND TAKEN DOWN HERE IS JUST A, UM, UH, AN IMAGE TO KIND OF SHOW YOU WHERE IT SITS IN THE WORLD. 
          AND HERE'S, UM, A PHOTOGRAPH, UM, THAT I ACTUALLY JUST TOOK TODAY, UM, OF THE PROPERTY RIGHT THERE. 
          AND ACTUALLY THE, THE DIRT AREA IS KIND OF THE DIAGONAL OF, UH, HARVEY. 
          UM, ONE OF THE, UM, I THINK NEIGHBORS HAD WRITTEN A LETTER, UM, OBJECTING THEY WERE CONCERNED ABOUT. 
          UM, THERE ARE SOME BARRELS THERE ON THE PROPERTY. 
          UM, THOSE BARRELS, UM, ACTUALLY HAVE NOW BEEN REMOVED AS OF TODAY, BUT THOSE WERE, UH, BARRELS THAT WERE BEING USED FOR THE ENVIRONMENTAL CLEANUP, UM, OF THE PROPERTY. 
          AND THAT'S, THAT'S WHY THEY WERE THERE. 
          THAT'S JUST A PHOTO SHOWING THEY WERE REMOVED TODAY. 
          AND THAT CONCLUDES OUR PRESENTATION. 
          PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MS. CHELSEA CALLING HER PAULA BY CHRISTOPHER PAGE FROM MS. COLLIER. 
          YOU'LL HAVE FIVE MINUTES. 
          WE HAVE YOUR, UH, DOCUMENT. 
          THANK YOU. 
          AND IF WE CAN PULL IT, THE PRESENTATION PLAYS, UM, FIRST I'M INSPIRED BY THIS PROCESS. 
          THANK YOU ALL FOR YOUR SERVICE. 
          UM, IT'S ACTUALLY AN HONOR TO BE HERE TONIGHT AND I APPRECIATE IT. 
          SO I AM A HOME OWNER. 
          UM, I LIVE ADJACENT OR DIRECTLY ACROSS THE SITE. 
          I'M LIVE AT 2, 8 0 3 SOL WILSON, AND I'D LIKE TO PRESENT, UM, WHAT I SEE EVERY DAY. 
          THIS IS THE PROPERTY IN QUESTION, MY HOUSE IS DIRECTLY ACROSS, UM, FROM WHAT I'M SHOWING YOU RIGHT NOW, AND YOU CAN SEE IT'S BEEN IN DISREPAIR FOR MANY, MANY YEARS AS THE FORMER, UM, PERSON MENTIONED, UM, IT'S A PROPERTY AND CHRONIC NEGLECT. 
          IT'S ABSOLUTELY BLIGHTED. 
          AND THESE BARRELS, I'M HAPPY TO HEAR THAT THEY ARE NOW REMOVED AS OF TODAY. 
          AND I THINK THAT THIS PROCESS IS HELPING TO EXACERBATE THAT. 
          I THINK THE DEMOCRATIC PROCESS IS WORKING. 
          HERE'S WHAT HAPPENS IN FRONT OF MY HOUSE, ON THIS PROPERTY THAT IS OWNED BY THE APPLICANT. 
          IT'S A DUMPING GROUND. 
          AND EVERY SINGLE TIME WE CALL 3, 1, 1 TO GET ATTENTION ON THIS PROPERTY. 
          AND IT'S ABSOLUTELY IGNORED. 
          JUST TWO DAYS AGO, TIRES WERE DUMPED THERE AND WHENEVER SOMETHING IS DUMPED THERE, THEN TRASH IS AS ACCUMULATED AS WELL. 
          IT'S A HAVEN FOR GRAFFITI BECAUSE THE PROPERTY IS NOT MAINTAINED. 
          IT IS NOT HANDLED. 
          THERE'S A LOT OF TRAFFIC, UM, ON THIS PROPERTY AT THE END OF THIS ROAD IS THE ELM STREET APARTMENTS, WHICH I BELIEVE IS SECTION EIGHT HOUSING THERE'S CO CARS, THAT LINE BOTH AREAS OF THE STREET. 
          THERE'S NO PEDESTRIAN WALKWAYS. 
          THIS IS A DUMPING GROUND FOR VEHICLES. 
          AND THEN THEY SIT THERE FOR WEEKS AND MONTHS AND THEN THEY'RE AUTOMATICALLY, OR THE MANY OF THEM ARE, UM, CRASHED BY ONCOMING VEHICLES. 
          IT IS ABSOLUTELY A PEDESTRIAN HAZARD. 
          SO OUR OPPOSITION TO THE RIGHT OF WAY, WE DON'T WANT TO SEE A ROAD, UM, BUILT ON THAT, ON THAT STREET. 
          THAT, THAT, THERE'S THE THING IN QUESTION. 
          BUT WHAT WE DO WANT TO SEE IS THAT THE APPLICANT AND THE CLIENT THAT THEY'RE REPRESENTING THE GOOD COMMUNITY STEWARDS OF WHICH THEY HAVE NOT BEEN SO FAR, AND WE DON'T SEE ANY INDICATION THAT THAT IS GOING TO HAPPEN. 
          SO WE'RE USING THIS OPPORTUNITY TO VOICE OUR CONCERN. 
          AND I HOPE THAT EVERYONE CAN HEAR THAT. 
          I'M HAPPY TO ANSWER ANY QUESTIONS. 
          THANK YOU. 
          UM, WELL NOW HERE, UM, PLEASE STATE YOUR NAME OR CHRISTOPHER PAGE. 
          I APOLOGIZE. 
          THANK YOU. 
          ARE THERE ALSO 
          [04:05:01]
A RESIDENT IN THE NEIGHBORHOOD SPEAKING IN OPPOSITION TO THE UNCONDITIONAL VACATION, THE HARVEY STREET RIGHT AWAY? YEAH. 
          APPLICANT HAS NO SITE PLAN OFFERS NO COMMUNITY BENEFITS AND SEEKS A BELOW MARKET TRANSFERENCE OF ANOTHER 2000 SQUARE FEET OF EAST AUSTIN'S HISTORIC 12TH STREET CORRIDOR APPROVAL WOULD ACCOMPLISH NOTHING BUT A DISCOUNTED INCREASE IN EUREKA IS CORROSIVE SPECULATE SPECULATION. 
          I KNOW YOU STILL AUSTIN HOLDINGS AT A MINIMUM. 
          I'M URGING THIS COMMISSION TO DENY THE VACATION TONIGHT. 
          AND UNTIL THE APPLICANT SUBMITS A SITE PLAN AFTER NEGOTIATING COMMUNITY BENEFITS IN GOOD FAITH WITH NEIGHBORING FAMILIES THAT HAVE BEEN HARMED DIRECTLY AND INDIRECTLY FOR YEARS BY THE WILLFUL NEGLIGENCE OF THE APPLICANT IN OUR NEIGHBORHOOD, EUREKA IS MULTIPLE UNMANAGED AND VACANT PROPERTIES FOSTERED OPEN AIR DRUG MARKETS FOR HEROIN AND METHAMPHETAMINE PROSTITUTION IN FRONT OF FAMILIES, HOMES EVEN DRIVE BY SHOOTINGS, WHICH WAS LAST JULY INTOXICATED DRIVERS FREQUENTLY CRASH INTO CARS, PARKED CARS. 
          AND, UH, ON MORE THAN ONE OCCASION OF NEARLY MY WIFE AND NEWBORN, I'VE ACTUALLY SEEN THESE CAR ACCIDENTS TAKE PLACE TWICE IN THE SAME WEEK, CURRENTLY INGRESS AND EGRESS TO THE HIGH DENSITY HOUSING SITES, EAST OF HARVEY OR BOTTLENECK THROUGH OAK GROVE AND SOL WILSON, WHICH ARE BOTH RESIDENTIAL STREETS WITH ABSENT, UH, OR INTERRUPTED SIDEWALKS AND ALMOST NO SPEED INTERRUPTION DEVICES. 
          I'VE ALSO LIKED THE COMMISSION TO NOTE THAT THE PRESIDENT OF OUR NEIGHBORHOOD ASSOCIATION ENGAGED IN PRIVATE COMMUNICATIONS WITH EUREKA'S EXECUTIVE AND OVERTLY DISCOURAGED NEIGHBORS FROM EXERCISING, THEIR RIGHTS TO PARTICIPATE IN TONIGHT'S HEARING ALSO ATTEMPTED TO MISLEAD NEIGHBORS ABOUT THE BENEFICIARIES OF THIS PROCEEDING RATHER THAN VACATING THE RIGHT AWAY. 
          THE CITY SHOULD PURSUE A NORTH SOUTH REDIRECTION OF THE PLANTED RIGHT OF WAY IN ORDER TO RELIEVE THE INSUFFICIENT VEHICULAR AND PEDESTRIAN ACCESS TO 12TH STREET ACQUIRING AN ACTIVE SITE PLAN WOULD ALSO INCENTIVIZE THE INSTALLATION OF SIDEWALKS NEEDED ON OAK GROVE AND THE NORTH SOUTH REDIRECTION OF HARVEY. 
          FOR MANY YEARS, THE APPLICANT HAS HELD VACANT OR RENDERED VACANT MULTIPLE PROPERTIES ON THE NORTHERN EDGE OF THE HOMEWOOD HEIGHTS NEIGHBORHOOD. 
          AND THERE'S NO  A DISH REQUEST FOR VACATION SERVES ANY LEGITIMATE PURPOSE. 
          IF GRANTED UNCONDITIONALLY VACATION WILL ONLY REWARD AND INCENTIVIZE UNPRODUCTIVE LAND USE. 
          AND I'LL ALSO SAY THAT THOSE BARRELS WERE NOT FOR CLEANUP. 
          I'VE WATCHED THOSE FOR MONTHS, IF NOT YEARS BEHIND THE TIN FENCE, ACCUMULATING WITH ALL KINDS OF OTHER STUFF. 
          THAT'S ALL I HAVE TO SAY. 
          THANK YOU. 
          THANK YOU, CHAIR HER NOW BEFORE PROCEEDING TO THE, UH, APPLICANT REBUTTAL. 
          DO YOU WISH TO HEAR FROM STAFF? YEAH, GO AHEAD. 
          OKAY. 
          MS. MICHELLE SMITH. 
          THE TECHNICAL DIFFICULTIES I BELIEVE. 
          SO. 
          WE NEED TO MOVE ON. 
          WE'LL HEAR FROM THE APPLICANT FOR THE AFRICAN REBUTTAL OR A FEW MINUTES. 
          HI, THIS IS MICHELLE. 
          OKAY. 
          YES. 
          PLEASE TURN. 
          IF WE CAN TURN THE VOLUME UP A LITTLE MORE, THAT WOULD HELP. 
          YES, ABSOLUTELY. 
          UH, CAN YOU HEAR ME ANY BETTER? MS. SMITH? WE ALSO NEED YOUR VIDEO PLEASE. 
          OH, I'M SORRY. 
          UM, START VIDEO MAYBE. 
          I THINK WE'RE STILL HAVING TECHNICAL REALLY NEAT. 
          WE HAVE. 
          OKAY, THERE WE GO. 
          WE'VE GOT YOUR LET'S. 
          LET'S GET GOING. 
          THANK YOU. 
          OKAY, SO THANKS. 
          I'M SORRY. 
          THANK YOU. 
          UM, SO I APOLOGIZE, UH, EVENING COMMISSIONERS. 
          MY NAME IS MICHELLE SMITH. 
          I THINK THE PROBLEM IS, IS THAT I HANDLE, SO WE SEE AND HEAR YOU IF YOU WANT TO CONTINUE. 
          OKAY. 
          CAN YOU HEAR ME NOW? YES, WE CAN PLEASE, PLEASE. 
          AND THERE'S NO BACKGROUND, RIGHT? WE'RE GOOD. 
          OKAY. 
          VERY GOOD. 
          SORRY. 
          I'M GETTING EVENING COMMISSIONERS. 
          MY NAME IS MICHELLE SMITH. 
          I WORK IN THE LAND MANAGEMENT SECTION OF THE DEVELOPMENT 
          [04:10:01]
SERVICES DEPARTMENT. 
          I'M HERE TO SPEAK ON A B 9 2 2 1 0 4 7 0 0 1 RV STREET BETWEEN EAST 12TH AND SOLE WILSON AVENUE, DISTRICT ONE. 
          I AM THE STAMP, THE STAFF MEMBER THAT PROCESSES RIGHT AWAY VACATIONS AND WAS A STAFF MEMBER THAT LAUNCHED THIS FILE. 
          THIS RIDEAWAY VACATION IS FOR AN UNPAVED PORTION OF HARVEY STREET FROM SOLE WIGS, SOLE WILSON NORTH TO EAST 12TH. 
          BUY TO BUY VACATIONS ARE REVIEWED BY 31 INTERNAL SLASH EXTERNAL STAKEHOLDERS TO SEE IF THERE'S A FUTURE NEED FOR RIGHT OF WAY. 
          ONLY A BUDDING PROPERTY OWNERS ARE ALLOWED TO SEEK A RIGHT OF WAY VACATION, ALL APPROPRIATE CITY OF AUSTIN STAFF MEMBERS AND OUTSIDE STAKEHOLDERS REVIEWED AND APPROVED IS RIGHT AWAY. 
          VACATION VACATION HAD ONE RESPONSE OF UPROOT APPROVED WITH CONDITIONS, WHICH WAS AUSTIN WATER UTILITY AUSTIN WATER UTILITY ASKS THAT A WASTEWATER LINE EASEMENT BE RETAINED TO COVER THE EXISTING WASTEWATER BAND HALL AND THE WASTEWATER LINE WITHIN THE REQUESTED AREA OF VACATION. 
          SHOULD COUNCIL APPROVE THE RIGHT OF WAY VACATION. 
          THIS EASEMENT WILL BE RETAINED IN THE DEED WITHOUT WARRANTY PUBLIC WORKS, DIRECTOR RICHARDSON, DENSA APPROVED THE APPLICATION AND DIRECTED STAFF TO TAKE THE ITEM TO PLANNING COMMISSION AND URBAN TRANSPORTATION COMMISSION. 
          THIS PROMO HIS APPROVAL WAS RECEIVED SEPTEMBER 24TH, 2021 BESIDES, WELL, WE HEARD AT URBAN TRANSPORTATION CONVENTION NEXT TUESDAY, NOVEMBER 2ND, 2021 OR CODE PUBLIC NOTICE WAS MAILED TO PROPERTY OWNERS 300 FEET FROM THE VACATION AREA I'VE LOOKED NOTICE WAS DATED OCTOBER 14TH, 2021. 
          TODAY I HAVE RECEIVED THREE OBJECTION, EMAILS IN ONE WRITTEN SUPPORT, EMAIL, AND OTHER CITIZEN THAT LIVES IN THE AREA CALL TODAY AND VERBALLY OBJECTED. 
          I BELIEVE THAT WAS THE GENTLEMAN THAT YOU JUST HEARD FROM, UM, THE PROPERTY OWNERS. 
          OBVIOUSLY I WROTE THIS BEFORE I HAD TECHNICAL DIFFICULTIES, BUT, UM, THE PROPERTY OWNER'S REPRESENTATIVE IS AVAILABLE THIS EVENING AND CAN ANSWER ANY QUESTIONS. 
          I CAN ANSWER THIS, THIS CONCLUDES MY SUMMARY. 
          THANK YOU, COMMISSIONERS. 
          I THINK WE'VE HEARD FROM EVERYONE, CORRECT. 
          SO WE CAN CLOSE PUBLIC HEARING. 
          OH YES. 
          I THOUGHT WE WERE AT, I FORGOT VERY BRIEF REBUTTAL IN THE INTEREST OF TIME. 
          UM, UH, YES, THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, UH, GREG HAMMOND HAS PROVIDED A WRITTEN LETTER OF SUPPORT FOR THIS, UH, VACATION OF RIGHT AWAY TO SPEAK TO, UM, THE VALUE OF THE RIGHT OF WAY THAT GOES THROUGH A FULL-BLOWN APPRAISAL AND WILL BE DETERMINED BY AN INDEPENDENT THIRD PARTY APPRAISER WITH THE CITY OF AUSTIN. 
          UM, THE VACATION OF THIS RIGHT AWAY IS IMPORTANT BECAUSE THERE'S, UM, THREE SEPARATE, UH, LITTLE SEGMENTS AND THIS PROPERTY CANNOT BE DEVELOPED, UH, PROPERLY WITHOUT THIS VACATION OF RIGHT AWAY. 
          ONCE THE VACATION IS COMPLETE, IF THE PLANNING COMMISSION RECOMMENDS AND THE CITY COUNCIL APPROVES, THEN, UM, A PLAN FOR THE DEVELOPMENT OF THE PROPERTY CAN COME IN AND BE SUBMITTED TO THE CITY OF AUSTIN FOR THEIR CONSIDERATION AND APPROVAL, UM, FOR THE PROPERTY WITH RESPECT TO THE CONDITION OF THE PROPERTY. 
          UM, THE PROPERTY, UM, HAS UNDERGONE, UM, UH, NEW OWNERS OVER THE YEARS. 
          AND, UM, THE CURRENT OWNER HAS WORKED VERY HARD TO TAKE DOWN ABANDONED BUILDINGS AND TO TRY TO MAINTAIN THE PROPERTY. 
          THERE IS A CONSTANT PROBLEM WITH, UM, NOT CONSTANT, BUT THERE HAS BEEN A PROBLEM OF, UH, PEOPLE DUMPING OUTSIDE THE PROPERTY ACTUALLY ON THE CITY STREET. 
          AND SO THE LAND OWNER DOES ROUTINELY GO OUT THERE AND, UM, AND, AND PICK UP THE TRASH THAT IS LEFT BY, UM, THIRD PARTIES AND OTHERS OUTSIDE THE PROPERTY. 
          BUT THE LANDOWNER IS COMMITTED TO KEEPING THIS PROPERTY AND THE SURROUNDING AREA CLEAN AND NEAT, UM, FOR THE COMMUNITY, UM, AS WELL AS, UM, JUST BECAUSE IT'S THE RIGHT THING TO DO. 
          THANK YOU. 
          ALL RIGHT. 
          LET'S GO INTO CLOSE PUBLIC HEARING. 
          UM, YEAH, MOTION TO CLA UH, COMMISSIONER, COMMISSIONER. 
           ALL RIGHT. 
          UH, ALL RIGHT. 
          THAT'S UH, I'VE SEEN PEOPLE POP ON. 
          OKAY. 
          THAT'S UNANIMOUS. 
          UH, THANK YOU. 
          UM, SO NOW WE HAVE COMMISSIONERS. 
          DO WE HAVE ANY QUESTIONS OR CAN WE POTENTIALLY CALL THE QUESTION? DO WE HAVE ANY QUESTIONS? UH, WE DO COMMISSIONER YANAS POLITO. 
          GO AHEAD. 
          AND I'LL BE AT FIVE 30 MINUTES EACH, GO AHEAD QUICK. 
          I'M JUST CURIOUS WHAT THE RIGHT OF WAY IS ACTUALLY NEEDED FOR, AND IF THERE ARE ANY PLANS TO DEVELOP OR WHAT IS THE PLAN AND TO DEVELOP AND THAT'S FOR THE APPLICANT. 
          OKAY. 
          YES. 
          THANK YOU. 
          YES, THE RIGHT OF WAY IS NEEDED TO DEVELOP. 
          THERE ARE, THEY ARE TINY LITTLE PARCELS, LIKE A 0.006 PARCEL, 
          [04:15:01]
A POINT FOR A PARCEL AND ANOTHER THING, ROUGHLY A 0.1 PARCEL. 
          SO THERE ARE TINY LITTLE AREAS. 
          THE VACATION OF THE WATERWAY IS IMPORTANT BECAUSE IT ALLOWS THE PROPERTY TO ACTUALLY BE CONTIGUOUS IN ONE SHAPE. 
          THAT'S NECESSARY TO BE ABLE TO BRING IN, UM, SOME DEVELOPMENT ON THE PROPERTY AS FOR THE PLANS TO DEVELOP THE PROPERTY. 
          UM, WE ARE ACTUALLY WORKING ON THAT RIGHT NOW. 
          IT OBVIOUSLY IS COMPLETELY DEPENDENT ON THE RIGHT OF WAY BEING VACATED, BUT, UM, WE WOULD LIKE TO DO SOMETHING IN THE WAY OF, UM, COMMUNITY SERVICES, SOMETHING THAT THE COMMUNITY CAN ACCESS, WHETHER IT WOULD BE, UM, YOU KNOW, UH, SOME TYPE OF A GYM COMMUNITY, UH, TYPE, UM, PRODUCT, UM, OR SOME TYPE OF, UH, LOCAL RETAIL, UM, THAT THE COMMUNITY NEEDS, UH, AROUND THERE. 
          THERE IS NOT A LOT IN THE WAY OF, UH, FOOD AND OTHER SERVICES IN THAT PARTICULAR AREA. 
          THANK YOU. 
          AND DO YOU HAVE A TIMELINE FOR THAT? IS THERE A TIMELINE FOR ANY OF, IF THE VACATION IS APPROVED THEN, UM, THEN THEY WOULD BE WORKING WITH AN ARCHITECT AND, UM, THE CITY ON, UM, POTENTIAL USES FOR THE PROPERTY AND THEY WOULD DO THAT, UH, RIGHT AWAY IN, IN THE VERY NEAR FUTURE. 
          OKAY. 
          DOESN'T SOUND LIKE THERE'S A LOT OF INFO THERE, BUT I APPRECIATE THAT. 
          WELL, I CAN SPECIFICALLY, I MEAN, IF THE, IF THE RIGHT OF WAY IS APPROVED, THEN THEY WILL IMMEDIATELY START ON THEIR, UM, ARCHITECTURAL AND ENGINEERING PLANS. 
          BUT, UM, AND, BUT THEY CANNOT DO THAT, UM, WITHOUT HAVING THE RIGHT OF WAY APPROVED, THEY'VE LOOKED AT SCENARIOS, BUT RIGHT NOW IT'S SO BROKEN UP. 
          YOU, YOU NEED TO BE ABLE TO PARK ON THE SIDE AND ALL OF THAT. 
          AND, AND THERE ISN'T A ROOM TO BE ABLE TO DO THAT IN AN ADEQUATE FASHION. 
          FOR ME, I'M JUST WONDERING IF THERE'S A REASON THAT THEY HAVEN'T EVEN EXPLORED ANY OF THOSE SCENARIOS WITH THE NEIGHBORS IN ORDER TO GAIN SUPPORT FOR VACATION AS THE RIGHT OF WAY. 
          UM, WELL, THE PLANS ARE, YOU KNOW, PART OF, UH, WHAT THEY WOULD WANT TO DO IS IF THEY, IF THE VACATION WERE TO BE APPROVED, THEN IT ALLOWS IT TO OPEN UP FOR DIFFERENT TYPES OF USES. 
          SO IF THE VACATION ARE NOT TO BE APPROVED, THEN, UM, THEN IT'S THE USES THEY'RE REALLY, REALLY LIMITED. 
          SO THEY HAVE NOT GONE OUT TO THE COMMUNITY TO START SHARING PLANS BECAUSE THEY DON'T REALLY KNOW WHICH DIRECTION IT WILL GO. 
          I, I, YEAH, I DON'T WANT TO TAKE TOO MUCH MORE TIME, BUT IT JUST SOUNDS LIKE PEOPLE HAVE QUESTIONS THAT MIGHT'VE HELPED THEM BE MORE SUPPORTIVE FOR THIS. 
          CERTAINLY I DON'T HAVE ANY OTHER QUESTIONS. 
          CERTAINLY I AM. 
          AND I UNDERSTAND YOUR POINT IN THAT REGARD. 
          ALRIGHT, COMMISSIONER, HIS QUESTIONS ARE, CAN WE GO AND CALL THE QUESTION? I DON'T SEE ANY MORE QUESTIONS. 
          LET'S UH, LET'S UH, DO WE HAVE MOTION? I'LL MAKE A MOTION TO APPROVE THE, UH, THE STAFF'S RECOMMENDATION PROVIDE RIGHT AWAY VACATION TO HAVE A SECOND, UH, COMMISSIONER. 
          IT'S OUR SECONDS. 
          UH, LET'S GO AHEAD. 
          AND, UM, WE, UM, I DON'T NEED TO SPEAK TO THE MOTION. 
          CAN WE GO AND VOTE? ALL RIGHT, LET'S GO AND VOTE. 
          UH, THAT WAS ON THE DICE IN FAVOR 1, 2, 3, 4, UM, ON THE SCREEN THAT WAS IN FAVOR OF THE RIGHT OF WAY VACATION SIX. 
          OKAY. 
          THAT'S ALL RIGHT. 
          MAY NOT COUNTY. 
          HOW MANY DO WE HAVE HERE? WE HAD FOUR AND THREE. 
          OKAY. 
          UM, SORRY THAT, THAT, OKAY. 
          LET'S GO AND COUNT THOSE AGAINST ON THE DIAS FOUR. 
          OKAY. 
          THANK YOU. 
          AND THEN THOSE AGAINST TWO. 
          SO THAT'S SEVEN TO SIX. 
          THAT MOTION PASSES. 
          ALL RIGHT. 
          THANK YOU. 
          OKAY. 
          UH, GOING ON OUR LAST ITEM TO SEE EVENING, UM, I GUESS WE HAVE A LITTLE BIT OF A TRANSITION PERIOD. 
          UM, COMMISSIONERS, ANYBODY NEED TO TAKE A QUICK BREAK? ARE WE GOOD? YEAH. 
          WE'RE, WE'RE GOING TO NEED MORE TIME. 
          WE HAVE TO MAKE A MOTION TO EXTEND THE TIME TO 1130. 
          YOU HAVE A SECOND COMMISSIONER SCHNEIDER. 
          UM, WE HAVE PEOPLE THAT HAVE BEEN WAITING HERE A LONG TIME, SO LET'S, UH, FLIP THAT TO A VOTE. 
          UM, I WAS ON THE, UH, OKAY. 
          LOOKING ON THE SCREEN EIGHT TO FOUR, THAT'S 12, THOSE AGAINST 12 TO THOSE ABSTAINING OR, OKAY. 
          12 TO ONE. 
          ALL RIGHT. 
          THAT MOTION PASSES. 
          SO WE'RE GOING TO 1130. 
          ALL RIGHT. 
          WONDER IF ANYBODY'S LEFT SO LATE? CAN WE, UM, DO WE NEED TO WAIT FOR FOLKS TO GET HERE? CAN WE BEGIN WITH STAFF PRESENTATION, CHAIR, COMMISSIONER? I BELIEVE WE ARE GOOD TO GO. 
          OKAY. 
          LET'S 
          [B11. Site Plan: SPC-2021-0131A - Zilker Café, District 8]
GO AHEAD AND START HEARING FROM STAFF. 
          WHY PEOPLE 
          [04:20:01]
ARE COMING IN ON, WELL, A GOOD EVENING, OR I GUESS REALLY LATE INTO THE EVENING, EVERYONE. 
          UM, I'M RENEE, JOHN'S A PLANNING OFFICER AT LAND USE REVIEW AND THE CASE MANAGER FOR SPC 20 21 0 1 3 1 A ZILKER CAFE. 
          THIS PROJECT IS LOCATED AT 2 1 3 3 WILLIAM BARTON DRIVE, AND A ZONE P FOR PUBLIC. 
          THE REQUEST IS TO CHANGE THE USE OF A PREDETERMINED AREA OF 6,673 SQUARE FEET AROUND ZILKER CAFE FROM PARKS AND RECREATION SERVICES USE TO PARKS, RECREATION SERVICES, SPECIAL USE, WHICH ALLOWS FOR THE SALE AND CONSUMPTION OF ALCOHOL, MS. PRE-BID TO HER, EXCUSE ME. 
          AND THIS PREDETERMINED AREA STAFF'S RECOMMENDATION IS TO APPROVE THE USE AS A SITE PLAN COMPLIES WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE PART STAFF. 
          AND I ARE HERE TO ANSWER QUESTIONS THAT YOU MAY HAVE. 
          THANK YOU. 
          AND SO THE APPLICANT THIS EVENING IS PARD. 
          IS THAT OKAY? CORRECT. 
          IT'S CHAIR. 
          COMMISSIONER LAYS ON ANDREI. 
          WE'LL HEAR FIRST FROM MS. DENISHA COX AND MS. COX YOU'LL HAVE FIVE MINUTES. 
          GOOD EVENING. 
          UM, I HAVE A PRESENTATION SO GOOD EVENING. 
          MY NAME IS DANESHA COX, AND I'M HERE ON BEHALF OF THE PARKING PARKS AND RECREATION DEPARTMENT REQUESTING APPROVAL ON A CONDITIONAL USE PERMIT FOR THE ZILKER CAFE LOCATED WITHIN THE ZILKER METROPOLITAN PARK. 
          THE ZILKER CAFE WENT THROUGH EXTENSIVE RENOVATIONS OVER THE LAST FEW YEARS, AND IT IS NOW COMPLETE. 
          AND WE ARE AWAITING A FOOD CONCESSIONAIRE TO SERVE THE METRO PARK PATRONS. 
          WITH THIS, THE CONTEMPLATION OF BEER AND WINE SALES WERE SUPPORTED THROUGH PREVIOUS ACTIONS, INCLUDING THE CONTRACTS AND CONCESSIONS COMMITTEE, THE PARKS AND RECREATION BOARD, AND THE CITY COUNCIL OF THE APPROVAL OF THE RFP PROCESS. 
          IT SHOULD BE NOTED THAT OPERATIONAL CONTROLS INCLUDE A SIX FOOT NON-CONSUMABLE FENCE SURROUNDING THE POOL WITH GATED ENTRY, LIMITING THE SALE OF BEER AND WINE TO THE RESTRICTED AREAS WITHIN THE CAFE PERIMETER REQUIRING THE VENDOR TO COMPLY WITH THE TEXAS ALCOHOLIC BEVERAGE COMMISSION AND REGULATIONS REGARDING THE DISTRIBUTION AND CONSUMPTION OF ALCOHOL STAFF WILL HAVE TO BE TABC CERTIFIED AND PART HAS A ROBUST MONITORING FOR COMPLIANCE WITH REGULATIONS PROGRAM THAT'S DONE BY CONTRACT MONITORING STAFF. 
          WE ALSO WANT TO KNOW, LET YOU KNOW THAT ADDITIONALLY REVENUE GENERATED FROM THIS CONTRACT IS ALLOCATED TO THE CITY'S GENERAL FUND. 
          SO HERE WE HAVE THE SOLICITATION TIMELINE AND ACTIONS THAT LED TO OUR REQUEST. 
          THE VENDOR RECOMMENDATION WAS APPROVED BY THE CONTRACTS AND CONCESSIONS COMMITTEE AND THE PARKS AND RECREATION BOARD, WHICH RECOMMENDED FOR COUNCIL ACTION IN SEPTEMBER OF 2019, THAT CITY COUNCIL RECOMMENDED TO NEGOTIATE AND EXECUTE A NEW CONTRACT ON OCTOBER 3RD, 2019. 
          AND THE CONTRACT WITH THE VENDOR, A SPRINGFIELD LLC JOINT VENTURE WAS EXECUTED ON OCTOBER 18TH, 2019. 
          PLEASE ALSO NOTE HERE THAT PRIOR TO THE SOLICITATION, UM, WE DID PUT OUT A SURVEY IN THE SPRING OF 2015 AND RESPONSES INCLUDED UNSOLICITED REQUESTS FOR BEER, WINE AND BEER GARDEN. 
          THANK YOU. 
          AND HERE'S SOME OF THE BASIC CONTRACT TERMS AND CONDITIONS. 
          THIS INCLUDED THE LANGUAGE MAY SELL ALCOHOLIC BEVERAGES WITH PRIOR WRITTEN APPROVAL FROM THE PARDES DIRECTOR, LIMITED TO THE SALE OF BEER AND WINE, THUS AS REGULATED BY THE LAND DEPARTMENT, A DEVELOPMENT CODE SINCE PART IS THE LAND OWNER. 
          IT REQUIRES THE CONDITIONAL USE PERMIT HERE IS JUST A LOOK AT A MUCH LARGER VIEW OF THE METROPOLITAN PART THAT ZILLOW CAFE RESIDES IN. 
          AND YOU CAN SEE IT HERE, START ON THE MAP. 
          IT IS A CONCESSION AMENITY THAT SUPPORTS THE ENTIRE PARK AND PATRONS THIS AREA IS JUST OVER 6,500 SQUARE FEET OR 0.04% OF THE ZILKER METROPOLITAN PARK. 
          THE VENDOR AREA WILL HAVE A DEFINED PERIMETER IN WHICH BEER AND WINE SALES MAY BE SEWED AND CONSUMED. 
          THE SITE WILL INCLUDE A COMBINATION OF STANCHIONS AND STANDALONE SIGNAGE TO DELINEATE THE PERIMETER, INCLUDING 
          [04:25:01]
SIGNAGE THAT MAY INCLUDE ALCOHOL SERVICE ONLY, AND NO ALCOHOL TO LEAVE SERVICE AREA. 
          THE DEMARCATION OF THE DEFINED AREA COULD, AND MAYBE EVEN WITH EACH FEATURE VENDOR INCLUDE RAILINGS, FENCES, PLANTERS, AND SIGNAGE, AND THIS WOULD BE CHARACTERISTIC WITH THE ARCHITECTURE FOR THE AREA. 
          AND SO AGAIN, WE ARE ASKING FOR THE APPROVAL OF THE CONDITIONAL USE PERMIT, AND WE ARE HERE. 
          WE HAVE SEVERAL PARKS STAFF HERE, IF YOU HAVE QUESTIONS. 
          THANK YOU. 
          THANK YOU. 
          AND NOW WE'LL HEAR FROM ADDITIONAL SPEAKERS AND SUPPORT. 
          IF WE COULD GET CLARIFICATION FROM MR. SCOTT COB, I HAVE YOU REGISTERED AND P AND SUPPORTS AN OPPOSITION, MR. SCOTT CUB NOTED. 
          WE'LL MOVE ALONG TO MR. SHAWN, SIR, HILL FOLLOWED BY RICK GARRETT. 
          YOU'LL EACH HAVE THREE MINUTES. 
          HELLO. 
          MY NAME IS SEAN, SIR. 
          KEEL. 
          I'M A PARTNER IN SPRING-FED. 
          UH, MY FAMILY HAS BEEN A PART OF THE AUSTIN COMMUNITY SINCE THE 1940S. 
          I'M A THIRD GENERATION AUSTINITE. 
          WE CREATED SPRING-FED AS A CELEBRATION OF OUR SHARED VALUES, RESPECT FOR THE COMMUNITY AND A CELEBRATION OF ALL OF OUR RESOURCES AND AS AN OPPORTUNITY TO SHARE A UNIQUE STORY AND AMENITY WITH ALL OF AUSTIN SPRING, FRED WAS CREATED TO APPEAL TO A BROAD, DIVERSE COMMUNITY THAT AUSTIN IS INCLUDING VISITORS TO ZILKER COMMUNITY THEATER, BLUES ON THE GREENS, ZILKER PARK, ROCK GARDEN, ZILKER BRITANNICA, GARDEN , AND THE ALMOST 1.5 MILLION VISITORS A YEAR, AS WELL AS PRIVATE EVENTS, SUCH AS TRAIL OF LIGHTS, ACL BLUES ON THE GREEN AND THE OTHER HUNDREDS OF EVENTS THAT HAPPEN AT ZILKER THROUGHOUT THE YEAR. 
          WE WANT TO SAFELY SERVE ALL OF AUSTIN AND THE WHOLE COMMUNITY WHILE RESPECTING AND CELEBRATING OUR RESOURCES. 
          THE MENU IS SPRING-FED CELEBRATES LOCAL FARMS, LOCAL PRODUCERS, AND LOCAL BRANDS TO ACHIEVE ORGANIC LOCAL FAIR PAY IN HEALTHCARE, AS WELL AS THE RENT REQUESTED FROM PARK, THE HIGHER PROFIT PROFIT MARGINS, SUCH AS BEER AND WINE HELPED TO OFFSET AND REACH THOSE VERY IMPORTANT GOALS THAT OUR COMMUNITY HOLDS. 
          DEAR. 
          THEY ALSO MEET THE GOALS OF THE RFP. 
          THE CITY ASKED FOR, WE CRAFTED THE WHOLE STORY BASED ON THE RFP FROM THE CITY OF AUSTIN AND THE CITY'S OWN INTERNAL POLLING. 
          WE WERE ONLY, WE ARE ONLY ASKING FOR THE SAME OPPORTUNITY AS ALL THE OTHER APPROVED PARKING LOCATIONS. 
          THIS SERVE BEER, WINE, AND ALCOHOL, BOTH TEMPORARILY AS WELL AS PERMANENTLY. 
          THIS CONTRACT HAS BEEN PREVIOUSLY APPROVED WITH A SIGNED CONTRACT BY THE CITY COUNCIL FOR SPRING-FED TO BE AN AMENITY FOR ALL OF AUSTIN. 
          WE ARE ONLY ASKING FOR THE PREVIOUS COUNCIL SIGNED CONTRACT TO BE ALLOWED. 
          ZILKER PARK IS FOR ALL OF AUSTIN AND NOT JUST WHAT NEIGHBORHOOD. 
          THANK YOU. 
          WE'LL NOW HEAR FROM MR. RICK GARY FOLLOWED BY ASHTON COVER BADGE. 
          MR. GARY, YOU'LL HAVE THREE MINUTES. 
          THANK YOU. 
          UM, MY NAME IS RICK GARRETT, AND JUST WANT TO THANK YOU ALL FOR STAYING LATE HERE AND HEARING, UH, BOTH, UH, THE, FOR FOLKS AND THE OPPOSITION FOLKS. 
          UM, UH, AS SEAN MENTIONED, I'M A PARTNER OF SPRING-FED. 
          UM, SEAN AND I CAME TOGETHER ABOUT TWO YEARS AGO AND WE SAW THE PROPOSAL. 
          UH, WE THOUGHT IT WOULD BE A REALLY COOL IDEA TO BE ABLE TO OFFER, UM, YOU KNOW, REALLY HEALTHY OPTIONS, UM, REALLY COOL, UH, MENU, NOT JUST SOME TRADITIONAL, UH, CONCESSION STAND, UH, AND WE WANTED TO DO IT IN A WAY WHERE OUR REPUTATIONS, UM, COULD BE UPHELD. 
          UM, AS SEAN MENTIONED, WE WERE BOTH RESTAURANT TOURS AND THE CITY OF AUSTIN, UH, BETWEEN US BOTH, WE HAVE OVER 10 LOCATIONS, A LOT OF THOSE LOCATIONS SELL ALCOHOL. 
          WE ARE NOT BAR OWNERS. 
          AND I THINK CONTEXT MATTERS IN TERMS OF WHO'S OPERATING THIS SPACE. 
          UM, WE PUT TOGETHER A PROPOSAL. 
          WE RESPONDED TO THE RFP, THE RFP ASKED, UH, FOR BEER AND WINE. 
          UH, WE DID LOOK AT IT AND WE, WE, WE, WE THOUGHT THAT THAT WAS A GOOD OPTION INSTEAD OF HARD LIQUOR. 
          UH, WHEN WE LOOKED AT THIS PARTICULAR RFP, SEAN AND I DID A LOT OF RESEARCH, WE SPENT A LOT OF MONEY ON DESIGN OF THE SPACE DESIGN OF, UH, THE SIGNAGE, UH, MENU WEBSITES, A LOT OF THINGS THAT WE REALLY EXCITED ABOUT LAUNCHING THIS THING. 
          UH, WE GOT, UM, APPROVAL, UH, WE WERE ONE OF THE VENDORS THAT WERE SELECTED. 
          WE THEN PRESENT IT AS A FINALIST. 
          UH, AND THEN IT WENT THROUGH THE PROPER STEPS, UM, FROM THE POLITICAL CHANNEL, UH, FOR US TO GET APPROVED AND SIGN A CONTRACT. 
          UH, IT WASN'T UNTIL MAYBE TWO MONTHS BEFORE OPENING, UH, THAT WE REALIZED THAT THERE WAS AN ISSUE. 
          UM, AT THAT POINT WE HAD ALREADY OBTAINED A LIQUOR LICENSE, UH, FROM THE CITY CLERK AND FROM THE TABC, UH, UM, FROM THE TBC, UM, WE REALIZED THAT THERE WAS A CONCERN WITH SOME OF THE NEIGHBORHOODS, BUT WE DIDN'T HAVE AN OPPORTUNITY TO PRESENT OURSELVES AND WE DIDN'T HAVE AN OPPORTUNITY REALLY UNDERSTAND WHAT THOSE CONCERNS ARE. 
          [04:30:01]
UH, CERTAINLY SEAN AND I BELIEVE THAT SAFETY IS VERY IMPORTANT. 
          UM, WE, WE, WE DO NOT WANT, UM, WE, WE, WE HEARD SOME OF THE CONCERNS ABOUT, UH, BEING CLOSE TO, UH, THE POOL, BEING CLOSE TO THE ZEPHYR TRAIN. 
          UH, THESE ARE ALL CONCERNS THAT WE HAVE. 
          WE CREATED THIS MENU. 
          THIS IS A CAFE. 
          THIS IS NOT A BAR. 
          UH, AND CERTAINLY, YOU KNOW, SEAN AND OUR FAMILY, MAN, WE HAVE KIDS. 
          WE DON'T WANT TO SEE, UH, FOLKS, UH, BEING INEBRIATED GOING INTO THE POOL. 
          AND I KNOW THAT THERE'S SOME CONCERNS ABOUT PARKING THERE'S CONCERNS ABOUT LIFEGUARDS AND, YOU KNOW, THE CONCERNS ABOUT LIFEGUARDS. 
          I GET, WHEN I WAS LOOKING AT THIS SPECIFIC LOCATION, I OBSERVED TONS OF PEOPLE BRINGING IN HARD ALCOHOL, BINGE DRINKING IN THE PARKING LOT. 
          AND I UNDERSTAND THOSE CONCERNS THAT THE LIFEGUARDS HAVE WITHIN BARTON SPRINGS AND, AND THEN WITHIN THE DOCK, THE BARKING SPRINGS AS WELL. 
          UM, BUT I THINK THAT'S A SEPARATE ISSUE. 
          I'D LOVE TO BE ABLE TO SIT DOWN WITH THEM AND TALK ABOUT HOW THINGS WE CAN DO TO HELP RESOLVE SOME OF THOSE ISSUES. 
          UM, I THINK IF THIS WAS ABOUT, UM, SAFETY, UM, WE CAN CERTAINLY ADDRESS SOME OF THOSE ISSUES AND WE HAVE IN OUR PROPOSAL THAT WE SUBMITTED TO THE, TO THE, UH, TO THE CITY. 
          THANK YOU. 
          NOW WE'LL HEAR FROM MR. ASHTON COVER BADGE BEFORE PROCEEDING IS ERIC ASSIGNS PRESENT. 
          OKAY. 
          MR. CUMBERBATCH, YOU'LL HAVE THREE MINUTES. 
          THANK YOU, COMMISSIONERS. 
          AND AS RICK SAID, THANKS FOR STAYING LATE. 
          UM, SO WE DON'T HAVE A PARADE OF FOLKS TO INFORM YOU THAT AUSTINITES AND VISITORS TO AUSTIN LIGHT TO MIX RECREATION WITH ALCOHOL, WITH BEER AND WINE. 
          I THINK YOU KNOW THAT RIGHT? THE DATA TELLS US THAT RIGHT FROM 2018 TO 2019 AND EARLY PARTS OF 2021, THERE WERE 106 EVENTS IN THE CITY OF AUSTIN PARK RECREATION SITES, 212 DAYS WHERE TEMPORARY PERMITS WERE SOULS. 
          SO TO INDEFINITE SOLE, BUT GIVEN SO THAT FOLKS COULD ENJOY OUR PARKS ALONG WITH BEER AND WHY THEY LIKED DOING IT. 
          PEOPLE WHO LIVE HERE, PEOPLE WHO COME VISIT HERE, WHETHER IT'S AT ZILKER AUDITORIUM SHORES, FESTIVAL BEACH, WATERLOO REPUBLIC, PART BRENTWOOD, PALM PARK, PEACE PARK, WALTER YULONG, UH, WHETHER IT'S ACL URBAN MUSIC FEST, REGGAE, FESTS, ER, LIVE STRONG. 
          IT'S CLEAR THAT PEOPLE LIKE TO USE BEER AND WINE IN THE CITY PARKS, AND THEY'RE ALLOWED TO DO IT 212 DAYS. 
          SO YOU DON'T NEED A PARADE OF FOLKS TO UNDERSTAND THAT, BUT YOU HEAR IT HEARD FROM RICK. 
          YOU'VE HEARD FROM SEAN AND THEIR UNIQUE PROPOSAL TO OPERATE, UH, ZILKHA CAFE IN RESPONSE TO THE RFP. 
          THIS IS THEIR RFP. 
          THIS IS THEIR REQUESTS. 
          IT'S THEIR CUP. 
          UH, YES, IT SHOULD HAVE BEEN DONE BEFOREHAND, BUT IT WAS, UM, BUT YOU HEARD FROM THEM AND YOU HAVE A COPY OF THE ORIGINAL PROPOSAL THAT WAS SENT TO YOU. 
          I SENT IT TO YOU VIA EMAIL. 
          SO YOU'VE HAD A CHANCE TO LOOK AT THAT. 
          UH, AND YOU CAN SEE THEY'RE FOCUS IS ON SAFETY. 
          YOU CAN SEE THE FOCUS IS ON LOCAL FOOD, ET CETERA. 
          IT IS A GREAT, UH, PROPOSAL. 
          AND THAT'S WHY IT WAS CHOSEN ABOVE THE OTHERS. 
          UM, THE CONCERN ABOUT SAFETY, I THINK ARE, HAVE NOT BEEN EVEN SPREAD. 
          WHEN YOU LOOK AT, UM, THE TESTIMONY WE'VE HEARD FROM, UH, THE PART BOARD. 
          UM, SO I ASKED YOU TO CONSIDER THAT, UH, AS YOU, AS YOU LISTEN TO INDIVIDUALS, UM, EVERY OTHER PART PROPERTY THAT SELLS ALCOHOL IS NOW HAVING TO GO THROUGH THIS SAME PROCESS. 
          IT'S NOT JUST SILKA CAFE, IT'S THE SIX GOLF CLUBS, UH, COURSES, IT'S, UM, PITCH AND PUTT. 
          IT'S A REPUBLIC PARK. 
          YOU'VE ALREADY HEARD, UM, WATERLOO. 
          AND SOME OF YOU MAY NOT HAVE KNOWN, BUT THAT PASSED ON CONSENT. 
          YOU PASSED IT ON CONSENT. 
          THEY'RE ALL HAVING TO GO THROUGH THIS CUP PROCESS BECAUSE IT'S SOMETHING THAT PART REALIZED EARLIER THIS YEAR, ET CETERA, BUT THE OTHERS ARE ALLOWED TO CONTINUE DOING THEIR BUSINESS. 
          WATERLOO CAME THROUGH NO CONCERNS ABOUT SAFETY AND ALCOHOL AND CHILDREN, ET CETERA. 
          SOME OF THE CONCERNS THAT WERE RAISED WERE WELL, WE DON'T JUST, WE DON'T WANT ALCOHOL AROUND KIDS, WHETHER THERE'S WATER, THEY ARE NOT AS, LET ME JUST FINISH. 
          I SUGGEST TO YOU THAT PULLING BEER AND WINE FROM SPRING-FED AT THIS POINT IS THE SAME THING. 
          IF SOMEONE HAD COME TO YOU AND SAID, HEY, I WANT TO GIVE YOU A FRANCHISE OR OFFER YOU THE OPPORTUNITY TO BUY A FRANCHISE FOR MCDONALD'S. 
          AND THEN TWO WEEKS BEFORE YOU OPEN IT UP, THEY COME IN AND SAID, OH, BUT YOU CAN'T SELL FRENCH FRIES. 
          [04:35:01]
TOTALLY CHANGES THE BUSINESS PROPOSITION. 
          AND THAT'S, WHAT'S BEING ASKED TO BE DONE. 
          NOW THAT DON'T THINK IT'S APPROPRIATE, BUT DON'T THINK IT'S EQUITABLE AND YOU SHOULD GRANT PARCH REQUESTS FOR THE CUP. 
          THANK YOU VERY MUCH. 
          THANK YOU. 
          THANK YOU, SIR. 
          NOW WE'LL HEAR FROM MR. SCOTT COB FOLLOWED BY MR. BELL BUNCH MASTER COPY. 
          YOU'LL HAVE FIVE MINUTES. 
           IS A PRIMARY SPEAKER. 
           WE'LL HEAR FROM HIS HOUSE FOR EIGHT MINUTES. 
          THANK YOU. 
          I'M SORRY FOR THE DELAY. 
          MY NAME IS SARAH FAUST. 
          UM, I'M, UH, UH, SERVE ON THE PARKS AND RECREATION BOARD. 
          I REPRESENT DISTRICT FIVE. 
          I'M HERE TONIGHT SPEAKING AS AN INDIVIDUAL, AND I AM URGING YOU TO DENY THE ZILKER CAFE CUP. 
          THE PRIMARY REASONS ARE SAFETY. 
          UM, THE LACK OF PLANNING FOR THIS CHANGE OF USE AND THAT ALL COMMUNITY INPUT RECEIVED, UM, THAT I HAVE RECEIVED IS OPPOSED TO THIS PERMIT. 
          SO THE CONDITIONAL USE IS NOT COMPATIBLE WITH EXISTING USES, WHICH INCLUDE, UM, THE SWIMMING, YOU KNOW, BARTON SPRINGS POOL, OBVIOUSLY THE PLAYGROUND, THE CHILDREN'S TRAIN, THE NATURAL CREEK AND THE HIKING TRAIL. 
          THESE ARE ALL EXISTING USES THAT HAVE AN INCREASED LEVEL OF DANGER. 
          IF WE'RE SELLING ALCOHOL TO PEOPLE USING THESE FACILITIES, I WANT TO IMPRESS ON YOU ALL THE HISTORIC AND PRECEDENTIAL NATURE OF THIS VOTE. 
          THERE IS NO ALCOHOL SALES IN ZILKER PARK ON A REGULAR BASIS RIGHT NOW IT'S ONLY FOR SPECIAL EVENTS. 
          THE OTHER THING IS THIS IS A VERY UNIQUE SPACE AND IT IS NOT COMPARABLE TO ANY OF THE OTHER, UM, THE, THE ONE YEAR ROUND ALCOHOL PERMIT THAT HAS BEEN APPROVED AT THE WATERLOO GREEN. 
          THERE'S NO SWIMMING POOL. 
          THERE THERE'S NO TRAIN. 
          THERE'S NO, UM, NATURAL HIKING TRAIL. 
          IT'S VERY DIFFERENT. 
          THIS IS A VERY IMPORTANT VOTE. 
          AND, UM, THIS IS A VERY UNIQUE AREA. 
          SO SAFETY EXPERTS OPPOSE ALCOHOL SERVICE AT THIS LOCATION DUE TO THE DROWNING RISK. 
          YOU'RE GOING TO HEAR MORE ABOUT THAT IN A LITTLE BIT. 
          AND I KNOW YOU HAD IN YOUR BACKUP, THE LETTER FROM DELL CHILDREN'S AND THE DROWNING PREVENTION COORDINATOR, WHO IS OPPOSED TO THIS PERMIT, YOU ALSO, AND I RECEIVED A LETTER FROM THE EXECUTIVE DIRECTOR OF COLLINS HOPE. 
          ONE THING THAT SHE POINTED OUT IS THAT PARENTS ARE LESS ABLE TO MONITOR THEIR CHILDREN WHILE THEY'RE AND KEEP THEM SAFE. 
          IF THE PARENT HAS BEEN DRINKING ALCOHOL AND THE LIFEGUARDS WILL TELL YOU, IT IS THE PARENT IS THE MAIN PERSON THAT IS WATCHING A KID AND KEEPING THEM SAFE IN THE POOL. 
          SO I ACTUALLY HAVE BEEN TO BARTON SPRINGS AND TALK TO LIFEGUARDS ABOUT IT SINCE THEY, A LOT OF THEM ARE NOT COMFORTABLE SPEAKING PUBLICLY BECAUSE THE DEPARTMENT IS SPONSORING THIS PERMIT. 
          I JUST WENT DOWN THERE AND OFFERED, YOU KNOW, HEY, I DON'T EVEN WANT TO KNOW YOUR NAME. 
          CAN YOU JUST TELL ME WHAT YOU THINK? AND THEY WERE UNANIMOUSLY OPPOSED TO IT FOR ALL OF THE SAFETY REASONS AND YOU'LL HEAR ABOUT FROM SOME OF THEM IN PERSON. 
          SO SINCE WE'RE AT THE PLANNING COMMISSION, I THOUGHT WE SHOULD DISCUSS SOME OF THE PLANNING THAT'S GONE INTO THIS. 
          UM, YOU GUYS KNOW NEIGHBORHOOD PLANS, YOU KNOW, CONTACT TEAMS, ALL OF THIS STUFF. 
          SO, UM, THIS PROPOSAL TO SERVE ALCOHOL AT THIS CAFE HAS BEEN EXPRESSLY EXCLUDED FROM THE ZILKER PARK VISION PLAN, WHICH IS GOING ON RIGHT NOW. 
          THE BACKDROP OF THIS SLIDE IS A SLIDE 
          [04:40:01]
FROM THE SECOND COMMUNITY MEETING FOR THE ZILKER PARK VISION PLAN, WHERE PEOPLE WERE WARNED NOT TO SPEAK ABOUT THE SILVER CAFE CUP AND TOLD THIS IS NOT INTERRUPT FOR JUST A MINUTE. 
          IF WE CAN, UM, STAND AT EASE WE CURRENTLY HAVE PURIM ANSWERED THIS THERE. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          WHAT DO I DO ABOUT THE TIME? CAN YOU KEEP ME IN CHECK NOW? I DON'T KNOW NOW. 
          OKAY. 
          SO JUST TO EXPLAIN, YOU KNOW, THIS HAS BEEN TOTALLY AN EXPRESSIVELY EXCLUDED FROM THE ZILKER PARK VISION PLAN, WHICH IS GOING ON RIGHT NOW. 
          MY UNDERSTANDING IS THAT FOR 60 YEARS, THIS CAFE HAS PROVIDED, PROVIDED REFRESHMENTS FOR PARK USERS WITH NO ALCOHOL BEING SERVED. 
          UM, THE PARKS DEPARTMENT PRESENTATION TO THE PARKS BOARD MENTIONED THAT THE, THIS WAS DESIGNED TO CREATE A NEW DESTINATION WITHIN THE PARK. 
          THE PROPOSAL FROM THE VENDOR, UM, MENTIONED, UH, FIRST FRIDAY, SIMILAR TO FIRST THURSDAY ON SOUTH CONGRESS WITH LIVE MUSIC. 
          SO THEY WERE CLEAR. 
          THEY'RE CLEARLY ENVISIONING THIS AS A NEW DESTINATION IN THE PARK. 
          THAT'S GOING TO CHANGE THE CHARACTER OF THIS AREA. 
          THAT MAY BE WHAT PEOPLE WANT. 
          AND I THINK IT SHOULD BE TAKEN INTO ACCOUNT IN THE VISION PLAN. 
          THE PURPOSE OF WHICH IS TO DETERMINE RECREATIONAL AND AMENITY NEEDS IN ZILKER PARK AND RECOMMEND ENHANCEMENTS OF EXISTING PROGRAMS. SO, UM, DESPITE THE ZILKER VISION PLAN GOING ON, STUFF HAS SAID IN THE PRESENTATION THAT YOU SAW TONIGHT, THERE'S A QUOTE THAT THE HUNDREDS OF EMAILS, THAT'S MY CHARACTERIZATION THAT THE PARKS AND RECREATION BOARD RECEIVED MAY NOT REFLECT THE ENTIRE USER GROUP OF A LARGE METROPOLITAN PARK. 
          HOWEVER, THEY ALSO ARE NOT UTILIZING THE STAKEHOLDER, THE ROBUST STAKEHOLDER PROCESS THAT'S GOING ON IN THE VISION PLAN TO ASSESS WHAT USERS REALLY WANT AT THIS SITE. 
          SO CAN YOU CHANGE THE NEXT SLIDE PLEASE? SO THE DEPARTMENT IS RELYING ON THE 2015 PRE SOLICITATION SURVEY THAT WAS MENTIONED IN THE PRESENTATION. 
          YOU JUST SAW WHERE THEY SAID THAT PEOPLE UNSOLICITED REQUESTED BEER AND WINE. 
          I'VE LOOKED THROUGH ALL OF THE SURVEY RESPONSES. 
          THERE WAS ONE OPEN-ENDED QUESTION THAT SAID, WHAT WOULD YOU LIKE TO BE AVAILABLE? 20 OUT OF 425 RESPONSES MENTIONED BEER, BEER, AND WINE OR WINE. 
          SO THAT'S LESS THAN 5%. 
          TWO RESPONSES REQUESTED A BEER GARDEN, 129 PEOPLE REQUESTED SMOOTHIES AND FRESH JUICE. 
          SO TO RECAP, 95% OF PEOPLE AND AN OPEN-ENDED QUESTION WROTE OUT SENTENCES WITH THE TYPES OF FOOD AND DRINKS THEY WOULD LIKE AT THIS CAFE WITH NO MENTION OF ALCOHOL. 
          NEXT SLIDE, PLEASE. 
          UM, THERE'S ASSERTIONS IN THE DEPARTMENT PRESENTATION AND OTHER STATEMENTS TONIGHT THAT THIS HAS SOMEHOW WAS A TO APPROVED BY THE DIRECTOR. 
          AND NOW PEOPLE ARE TRYING TO GO BACK ON THAT. 
          I WANT TO MAKE IT ABSOLUTELY CLEAR. 
          I WAS NOT ON THE PARKS BOARD IN 2019. 
          SO I WENT EVERY SINGLE MEETING WHERE THIS WAS DISCUSSED AT ALL, BECAUSE I WANTED TO KNOW, YOU KNOW, WHAT WE HAD SAID PREVIOUSLY, I RESPECT THE PREVIOUS BOARDS, OF COURSE. 
          UM, SO AS WAS QUOTED TO EARLIER, THE RFP STATES, IF APPROVED ALCOHOLIC BEVERAGES ARE LIMITED TO THE SALE OF BEER AND WINE, IT'S A TWO SENTENCE PARAGRAPH THAT SAYS REPO APPROVAL IS REQUIRED. 
          SO THE FIRST TIME THIS CAME BEFORE THE, UH, PARKS AND RECREATION CONTRACTS AND CONCESSION COMMITTEE, THE STAFF TOLD THE COMMITTEE THAT THEY HAD RECEIVED QUESTIONS FROM VENDORS, WHETHER OR NOT ALCOHOL SALES WOULD BE ALLOWED, THEY NEEDED TO GET CLARIFICATION. 
          THEY WERE RESEARCHING THE ALCOHOL AND PARKS POLICY. 
          AND DID NOT KNOW AT THIS TIME, THAT WAS THE LAST EVER MENTION OF THIS IN A PUBLIC MEETING IN SEPTEMBER, THIS CAME BACK TO THE CONTRACTS AND CONCESSION COMMITTEE. 
          THERE WAS NO DISCUSSION OF ALCOHOL. 
          THE ONLY QUESTION WAS, WILL THERE BE ANY CHANGES TO THE AREA IN THE FRONT OF THE CAFE? AND THEY WERE TOLD, NO, IT'LL JUST BE TABLES. 
          AS YOU SAW FROM THE PRESENTATION PRESENTATION EARLIER. 
          THAT'S NOT TRUE BECAUSE IF THE CUP IS APPROVED, THERE'LL BE FENCING OFF THIS AREA. 
          THAT'S NOT EIGHT MINUTES. 
          [04:45:02]
UM, THANK YOU VERY MUCH. 
          UH, I HAVE FURTHER INFORMATION ABOUT THE ACTUAL REVENUE ESTIMATES, BECAUSE PART DID MENTION THERE WOULD BE REVENUE GOING TO THE CITY. 
          UM, I ALSO HAVE INFORMATION ABOUT OTHER THINGS. 
          IF ANYONE HAS ANY QUESTIONS OUT HERE FOR MR. SCOTT COBB, MR. COBB, YOU'LL HAVE THREE MINUTES FOLLOWED BY BILL BUNCH. 
          THANK YOU. 
          GOOD AFTERNOON, BOARD MEMBERS. 
          MY NAME IS SCOTT COP. 
          I WORK AS A LIFEGUARD AT BARTON SPRINGS POOL. 
          I'VE WORKED AT BARTON SPRINGS SINCE 2018. 
          BEFORE THAT I WORKED FOR THE POLES FOR THE CITY OF AUSTIN ALL TOGETHER, 10 YEARS, WE WERE TEMPORARY. 
          EMPLOYEES WERE NOT FULL-TIME EMPLOYEES, EVEN THOUGH MANY OF US WORKED FULL-TIME YEAR ROUND. 
          WE'RE HERE TO BACK. 
          YOU DO NOT INTRODUCE MORE ALCOHOL INTO THE BARTON SPRINGS AREA. 
          ALCOHOL OF BARTON SPRINGS IS A VERY BIG PROBLEM THAT WE HAVE TO DEAL WITH ON A CONSTANT BASIS EVERY DAY IN THE SUMMER, WHEN THERE ARE 6,000, AT LEAST PEOPLE COME INTO THE POOL IN THE AFTERNOON. 
          WE'D LIFEGUARDS HAVE TO WATCH THE WATER. 
          WE'RE UNDERSTAND WE'RE WATCHING THE WATER BEHIND US OR THOUSANDS, OR YOU KNOW, PEOPLE ON THE SOUTH HILL. 
          WE KNOW THEY HAVE ALCOHOL. 
          OUR JOB IS TO GO WHEN WE GET DOWN AND WE ROTATE BEFORE WE GO INTO THE NEXT STAND WE'RE DOWN 20 MINUTES, WE WALKED THROUGH THE CROWD AND WE TRY TO CONTROL AND ASK PEOPLE IF THEY HAVE ALCOHOL, A LOT OF THEM HAVE WHITE CLAW OR OTHER TYPES OF ALCOHOL THAT WE CAN TELL IT'S ALCOHOL. 
          AND WE HAVE TO WALK UP TO THEM AND SAY, EXCUSE ME, WE DO NOT ALLOW ALCOHOL INSIDE THE FACILITY. 
          AND I'M SORRY TO SAY, BUT WE HAVE TO ASK YOU TO LEAVE AT THAT POINT. 
          SOME PEOPLE GET BELLIGERENT AND OTHERS ARE SAY, OKAY, BUT, UH, WE DO GET A LOT OF BELLIGERENTS. 
          WE GET A LOT OF ARGUMENTATION IS A VERY BIG DISTRACTION FOR HER OTHER DUTIES. 
          OTHER DUTIES, WHEN WE'RE OFF THE STAND INCLUDE FIRST AID, IT INCLUDES SAVING PEOPLE'S LIVES. 
          IF NECESSARY SINCE 2018, UH, I KNOW OF THREE CASES WHERE WE HAVE HAD TO PERFORM CPR LIKE BARTON SPRINGS, LEFT GUARD STAFF, THE MANAGERS HAVE HAD TO PERFORM CPR. 
          UM, ONE OF THOSE PEOPLE DID NOT SURVIVE. 
          IT WAS A HEART ATTACK. 
          IT DIDN'T INVOLVE ALCOHOL, BUT THOSE ARE OUR DUTIES. 
          SO THEY'RE OUR MAIN DUTIES. 
          YOU WANT SAFETY? LET US DO OUR DUTIES. 
          WE DON'T WANT TO CONTROL ALCOHOL, BUT WE SEE PEOPLE. 
          IF WE SEE PEOPLE AT THAT CAFE BUYING ALCOHOL, THAT ALCOHOL IS GOING TO END UP INSIDE BARTON SPRINGS. 
          IT'S AN ORDER. 
          IT'S GOING, IT'S GOING RIGHT DOWN HERE. 
          IT'S GONE RIGHT HERE. 
          AND THEN IT'S UP HERE. 
          IT'S GOING TO AFFECT THEIR THINKING. 
          AND THE BIG PROBLEM AT BARTON SPRINGS, WHERE THE MOST TROUBLE COMES. 
          WHEN PEOPLE START MAKING POOR DECISIONS. 
          WHEN THEY SAY THEIR FRIENDS ARE GOING OFF THE BOARD, OH, I CAN GO OFF THE BOARD TOO. 
          EVEN THOUGH THEY HAVE NO CLUE HOW TO SWIM IMMEDIATELY, WE HAVE TO SAVE THEM. 
          THOSE ARE POOR. 
          DECISION-MAKING OTHER PARTS. 
          THEY'RE ON ONE SIDE OF THE POOL. 
          THEY SWIM TO THE OTHER SIDE. 
          THEY SAID, OKAY, I CAN MAKE IT. 
          I MAYBE I'M SWIMMING IN THE PAST. 
          THEY'VE HAD SOME ALCOHOL. 
          IT'S GOING TO AFFECT THEM. 
          THEIR ABILITY TO MAKE DECISION, THEIR ABILITY TO GET ACROSS THAT POLE. 
          AND WE WILL HAVE TO JUMP IN AND WE WILL HAVE TO SAVE THEM. 
          2013. 
          SOMEONE MADE THAT DECISION TO SWIM ACROSS THE POOL. 
          THEY DID NOT MAKE IT. 
          I WASN'T WORKING THERE THAT DAY. 
          IT WAS BEFORE MY TIME. 
          THEY DID NOT MAKE IT. 
          THEY DIED. 
          DEATHS DO OCCUR. 
          UH, BARTON SPRINGS ALSO HAPPENED IN THE NINETIES, EARLY NINETIES. 
          YOU PUT MORE ALCOHOL IN BARTON SPRINGS. 
          THERE WILL BE A DEATH IN THE FUTURE, AND THAT PERSON CAN HOLD YOU GUYS RESPONSIBLE THEIR FAMILIES. 
          SO SORRY, I RAN OUT OF TIME, BUT THANK YOU VERY MUCH FOR YOUR ATTENTION. 
          AND I HOPE THAT YOU TAKE THE EIGHT TO ONE, VOTE FROM THE BOARD AND RESPECT THAT DECISION. 
          THANK YOU VERY MUCH. 
          WE'LL HEAR FROM MR. BILL BUNCH FOR THREE MINUTES. 
          FOLLOW-UP AND MS. HEIDI ARMSTRONG. 
          IT WAS A YEAR. 
          AND THEN ACTUALLY, I'M GOING TO TALK TO ONE MINUTE AND THEN, OKAY, WELL HERE FROM MS. HEIDI ARMSTRONG, I'M HEIDI. 
          I'M GOING TO TALK FOR ONE MINUTE A DORIS. 
          SO PUBLIC'S GOING TO COME UP HERE IF YOU'RE NEXT IN LINE SO WE CAN KEEP THIS GOING. 
          OKAY. 
          IT'S BEEN A LONG NIGHT. 
          SO TRYING TO KEEP THIS MOVEMENT, IF YOU'RE NEXT, YOU CAN SIT UP HERE IN THIS SEAT, IF YOU'RE THE NEXT IN LINE. 
          I THINK YOU GUYS, I KNOW IT'S BEEN A LONG NIGHT. 
          UM, MY NAME IS DARA HANSARD, AND I CURRENTLY WORK AT BARTON SPRINGS AS A CASHIER. 
          UM, I'M ONE OF FOUR FULL TIME CASHIERS AT THE MOMENT. 
          SO IF YOU'RE COMING INTO THE POOL, CHANCES ARE, YOU'RE SEEING ME. 
          [04:50:01]
UM, THE LAST TIME I WAS HERE, I SPOKE FROM THE HEART, UM, ABOUT THE NEGATIVE IMPACT THAT SELLING ALCOHOL AT BARTON SPRINGS WOULD HAVE. 
          AND I REALLY HOPE I CAN DRIVE THOSE POINTS HOME TODAY. 
          UM, WHEN PEOPLE TALK ABOUT ALCOHOL AT BARTON SPRINGS, I FEEL LIKE PEOPLE ARE ENVISIONING NICE LITTLE GROUP KICKING BACK SOME WINE AFTER THEY'VE GONE SWIMMING. 
          UM, BUT THAT ISN'T THE REALITY. 
          UH, IN SEPTEMBER ON LABOR DAY WEEKEND, UH, I SAW 6,000 PEOPLE IN ONE SEVEN HOUR SHIFT. 
          THAT'S 6,000 PEOPLE THAT I SPOKE TO BACK TO BACK TO BACK AND TELLING THEM, HEY, NO FOOD, HEY, NO ALCOHOL, HEY, THIS IS HOW YOU BUY A TICKET. 
          THEY WERE WAITING IN LINE FOR UPWARDS OF 30 MINUTES, MAYBE AN HOUR. 
          THAT LINE WRAPPED PAST THE CAFE. 
          SO ENTRANCE OF BARTON SPRINGS, ME THE CAFE THAT LINE WAS VERY LONG. 
          PEOPLE WERE FRUSTRATED. 
          SOME OF THOSE PEOPLE WERE DRINKING, EXPLAINING TO THEM. 
          HEY, I KNOW YOU HAVE WAITED A LONG TIME, BUT YOU CAN'T COME IN IS A VERY DAUNTING AND DIFFICULT TASK. 
          UM, WE HAD A TEAM OF LESS THAN 20 THAT DAY. 
          SO 20 PEOPLE WATCHING THE WATER, FACILITATING PEOPLE, ENTERING THE POOL. 
          IT'S A LOT. 
          UM, ADDING ALCOHOL TO THAT MIXTURE IS UNNECESSARY AND PUTS A HEAVY BURDEN ON THE BARTON SPRINGS POOL OF STAFF. 
          UM, AND JUST DOESN'T, IT DOESN'T CONTRIBUTE TO THE CULTURE OR COMMUNITY OF ZILKER PARK. 
          UH, FOR DECADES, ZILKER PARK HAS SEEN A BEAUTIFUL, VIBRANT EXPERIENCE WITHOUT ALCOHOL. 
          WHY DO WE NEED TO INTRODUCE IT NOW? UM, I WANT TO KNOW WHAT THE CAFE'S PLANS ARE IN REGARDS TO HELPING BARTON SPRINGS STAY TRUE TO ITS NO ALCOHOL POLICY. 
          IF I'M TO SEE SOMEONE VISUALLY DRINKING ALCOHOL FOR THAT REMAINDER OF THE DAY, I CAN NOT SELL OR I CAN NOT LET THEM INTO THE POOL. 
          UM, SO IF I'M TO SEE A BIG GROUP DRINKING AT THE CAFE AND THEY COME OVER AND I SAY, NO, CHANCES ARE, THEY'RE PROBABLY GOING TO GO BACK TO THE SERVERS OF THE CAFE AND SAY, HEY, WHY CAN'T I GO INTO THE POOL? HEY, WHY DIDN'T YOU INFORM ME OF THIS? AND SURE, I DO KNOW THAT THEY WERE PLANNING ON SIGNAGE, BUT WE ALREADY HAVE SIGNS ALL AROUND THE PARK SAYING NO DRINKING. 
          UM, WHY ARE WE INTRODUCING MORE ALCOHOL? WHEN PEOPLE, YOU KNOW, THERE ARE SIGNS IT'S ONLINE. 
          UM, AND I'M UNDER THE IMPRESSION THAT IT'S A CITY ORDINANCE, UM, THAT PEOPLE CAN'T DRINK INSIDE BARTON SPRINGS. 
          UM, WHY ARE WE INTRODUCING MORE ALCOHOL? UM, ADDITIONALLY, THE AREA THAT A VENDOR INTENDS TO FENCE OFF IS A BEAUTIFUL PUBLIC SPACE WITH BENCHES. 
          IT OVERLOOKS THE POOL, YOU KNOW, WHEN PEOPLE TOURISTS COME IN AND THEY WANT TO SEE THE POOL, BUT THEY DON'T WANT TO PAY. 
          I TELL THEM, HEY, GO ENJOY THOSE BENCHES OVER. 
          THERE ARE FAMILIES THAT TRY AND BRING IN A PICNIC. 
          I TELL HIM, HEY, ENJOY YOUR PICNIC OVER THERE. 
          AND THEN COME INTO THE POOL. 
          IF IT'S FENCED OFF TO CONTAIN ALCOHOL DRINKING, THAT'S A HUGE, YOU KNOW, DISADVANTAGE PEOPLE. 
          AREN'T GOING TO BE ABLE TO EXPERIENCE THAT AREA AS THEY WERE BEFORE SOLELY. 
          SO PEOPLE CAN DRINK. 
          UM, I DO WANT TO SAY I AM SO EXCITED FOR THE RETURN OF THE CAFE AND I CAN'T WAIT TO ENJOY IT MYSELF. 
          UM, HOWEVER, I DON'T KNOW IF THIS IS THE RIGHT CHOICE FOR THE FUTURE OF ZILKER CAFE. 
          THANK YOU. 
          THANK YOU. 
          WE'LL HEAR FROM HIS HEIDI ARMSTRONG. 
          YOU'LL HAVE ONE MINUTE FOLLOWED BY BEN AND LIVINGSTON. 
          OKAY. 
          I'M NEITHER ONE OF THOSE PEOPLE. 
          I KNOW ALL THOSE PEOPLE. 
          MY NAME IS ANDREA HILL. 
          I WORK AS A CASHIER ALSO AT BARTON SPRINGS. 
          IN ADDITION, I'M A RETIRED ATTORNEY. 
          SO LET ME MAKE A POINT THAT MY COWORKERS ARE NOT GOING TO MAKE. 
          YES, WE HAVE BELLIGERENT PEOPLE TRYING TO GET IN WHO ARE DRUNK. 
          WE'RE ALWAYS HAVING PEOPLE SNEAKING IN WITH ALCOHOLICS, A CONSTANT PROBLEM WITHOUT EVEN HAVING A CAFE SELLING ALCOHOL. 
          BUT WHAT I'D LIKE TO POINT OUT IS THE LIABILITY FOR THE CITY. 
          THERE'S A LOT OF STEPS AT BARTON SPRINGS. 
          THERE'S A LOTS OF WAYS PEOPLE CAN FALL AND BE INJURED AND HURT THEMSELVES. 
          IF THEY'RE INTOXICATED. 
          ALSO, THEY GET VERY BELLIGERENT TO THE STAFF. 
          WHEN WE TELL THEM THEY CAN'T COME IN OR WE THROW THEM OUT AFTER THEY'VE SNUCK THE ALCOHOL IN, THEY BECOME VERY BELLIGERENT. 
          SOMETIMES THEY TRY TO PUSH OR SHOVE US. 
          THEY SHOUT AND CURSE AT US. 
          SO IF YOU WANT TO SUPPORT CITY EMPLOYEES, PLEASE DON'T ALLOW MORE ALCOHOL. 
          WE OFTEN HAVE TO CALL THE POLICE ABOUT THE ILLEGAL ALCOHOLIC BARKING SPRINGS BEHIND THE POOL. 
          I BELIEVE IT'S STILL BY CITY ORDINANCE ILLEGAL TO HAVE ALCOHOL IN THE PARKS, UNLESS YOU HAVE A SPECIAL PERMIT FOR A SPECIAL OCCASION LIKE ACL. 
          SO THE CITY, ONCE AGAIN, I THINK I'M SUPPOSED TO GET THREE MINUTES, NOT THE ONE, UH, THE CITY THREE MINUTES HAVE EXCEEDED. 
          OH, OKAY. 
          THAT'S IT. 
          I HAVE. 
          I'M SORRY. 
          WE NEED TO KEEP THIS MOON. 
          WELL NOW HEAR FROM MR. BEN LIVINGSTON FOLLOWED BY JULIUS DILO. 
          MR. LIVINGSTON, YOU'LL HAVE ONE MINUTE. 
          GOOD EVENING. 
          AND THANK YOU SO MUCH FOR LISTENING TO US. 
          UM, I'M A MOTHER. 
          I RAISED MY CHILDREN AND I STOOD IN LINE AT THAT CONVENIENCE STORE AND MY KIDS LOVE THE ICE, 
          [04:55:02]
UM, THAT YOU COULD GET THERE AND TO BURGERS AND THE FRIES. 
          AND I DON'T KNOW THAT MANY KIDS THAT ARE REALLY INTO FARM TO MARKET SO MUCH AS A CRITERIA. 
          SO THAT PARK IS A PARK THAT IS ESSENTIAL TO ALL OF THE KIDS AND FAMILIES. 
          AND SO, WHEREAS I REALLY THINK IT'S VERY DANGEROUS FOR THE POOL. 
          I THINK IT'S HORRIBLE FOR CHILDREN BECAUSE WHEN WE'RE MAKING THESE TYPES OF DECISIONS, WE NEED TO NOT ONLY THINK ABOUT THE IMMEDIATE LIABILITY ON THE IMMEDIATE THREAT, BUT I ALSO THINK THAT WHY DO WE DO A BAR IMMEDIATELY NEXT TO A PLAYGROUND SO THAT THE PARENTS CAN ROLE MODEL ALCOHOLISM? IT IS KIND OF LIKE FUNNY OVER-EXAGGERATION WHEN I'M SAYING THAT, BUT REALLY THINK ABOUT IT. 
          IF THERE'S BEER AND WINE FOR SALE, THERE ARE THOSE KIDS ARE GOING TO EXPERIENCE THEIR PARENTS ACTUALLY BE PRESENT WITH THEM. 
          OR DO YOU FEEL YOURSELF KIND OF CHECKING OUT AND RELAXING AFTER A BEER. 
          AND, AND, UM, SO IT, IT HAS A SOCIAL IMPACT TOO, AND IT ENDANGERS THOSE KIDS BECAUSE THEY CAN NO LONGER BE GUIDED. 
          AND IF AN INTOXICATED PARENT TAKES A KID TO THE POOL, THAT KID IS AT RISK BECAUSE THE FIRST PERSON THAT SEES THAT KID IS THE PARENT. 
          AND SO IT IS A HUGE LIABILITY TO THE CITY FINANCIALLY. 
          IT IS A LIABILITY TO WHO DO WE WANT TO BE AS A CITY? DO WE WANT TO FEED TO, TO JUST ONE VENDOR? OR DO WE WANT TO THINK ABOUT WHAT IS OUR, THE CULTURE OF OUR CITY? LIKE WHAT DOES IT FEEL LIKE TO BE ON OUR PLAYGROUND? I PERSONALLY LIVE IN THIS AREA AND THE WHOLE ENTIRE PARKS, STANK OF FEAR AND VOMIT AFTER ACL. 
          WE DON'T NEED TO BRING THAT RIGHT NEXT TO A PLAYGROUND. 
          THANK YOU VERY MUCH FOR THINKING OF OUR CHILDREN WHO ARE PLAYING RIGHT NEXT TO THAT BAR. 
          I THINK YOU WILL NOW HEAR FROM MR. MARK HAD GENTLE, FOLLOWED BY A PATRICIA BABAK. 
          THAT'S A GENTLE, WE'LL ALSO PROVIDE YOUR PRESENTATION. 
          MR. ARMSTRONG REVISE ME THAT I THINK SHE MAY HAVE GOTTEN SKIPPED IN SOME OF SOME OF THE CONFUSION. 
          SO SHE WAS AHEAD OF ME AND I KNOW SHE WANTS TO SPEAK FOR ONE MINUTE, BUT I'LL MISS HER A VERY TODAY AT THE SAME AMOUNT OF TIME. 
          SO I'LL GO AHEAD AND TAKE MY 60 SECONDS. 
          I WANTED TO SHARE WITH YOU THIS DOCUMENT FROM THE CITY. 
          THIS WAS IN THE BEGINNING OF THE PROCUREMENT PROCESS. 
          THE PROCUREMENT PEOPLE ASK THE PROJECT MANAGER SHOULD ALCOHOLIC BEVERAGES, SALES BE PERMITTED AT THE ZILKER CAFE. 
          HE RESPONDED, AND IT'S A BRILLIANT RESPONSE. 
          IT'S SO CONCISE. 
          NO, THE CAFE WILL PRIMARILY BE USED DURING THE DAY AND EVENTS AT THE PARK CAN PROVIDE ALCOHOLIC BEVERAGES. 
          THAT'S THE ANSWER TO THIS QUESTION. 
          THAT'S THE INTERNAL DEBATE THAT WAS HAPPENING AT THE CITY BEFORE THE PROCUREMENT. 
          THEY ANNOUNCED THAT DECISION PUBLICLY TO ALL THE PROSPECTIVE VENDORS. 
          THEY SAID, LET ME QUOTE, IT WAS CONSIDERED TALKING ABOUT ALCOHOL PART WANTS TO KEEP, BUT PART WANTS TO KEEP THE ENVIRONMENT, FAMILY FRIENDLY. 
          SO ALCOHOLIC BEVERAGES ARE NOT GOING TO BE ALLOWED. 
          THAT WAS ANNOUNCED TO ALL THE PROSPECTIVE VENDORS AND THE BEGINNING OF THE PROCUREMENT PROCESS. 
          THAT STATEMENT EXISTS IN THE CURRENT CONTRACT FOR THE CONCESSION ON PAGE 450 OF THAT DOCUMENT. 
          THAT'S THE ANSWER. 
          THAT'S THE ANSWER. 
          I HOPE YOU GIVE THE PARKS BOARD SAID NO EIGHT TO ONE. 
          I, THAT WAS AN OVERWHELMING REJECTION. 
          I HOPE YOU FOLLOW IN THEIR FOOTSTEPS AND REJECT THIS APPLICATION. 
          THANK YOU. 
          I THINK WHAT I HEAR FROM PATRICIA BOBAK FOR ONE MINUTE, FOLLOWED BY MS. HARDY ARMSTRONG. 
          GOOD EVENING. 
          MEMBERS OF THE PLANNING COMMISSION. 
          MY NAME IS PATRICIA BOBAK. 
          YOU MIGHT RECOGNIZE THE NAME. 
          I CLEANED UP EAST AUSTIN TANK FARM WORKING FOR THE STATE OF TEXAS BACK IN THE NINETIES. 
          I'M A HYDROGEOLOGIST AND I'M HERE. 
          SPEAKING FOR MYSELF. 
          I AM SPEAKING AGAINST THE ALCOHOL PROPOSAL FOR SEVERAL REASONS. 
          ALCOHOL WILL MAKE THE FOLLOWING MORE LIKELY DROWNING VEHICLE ACCIDENTS IN THE PARKING LOT. 
          GUNFIGHTS. 
          NOW THAT EVERYONE 
          [05:00:01]
CAN CARRY A GUN MOLESTATION OF WOMEN, WHICH I HAVE EXPERIENCED MYSELF, CIGARETTE SMOKING AND THROWING BEER AND WINE RECEPTACLES INTO THE SWIMMING POOL. 
          THERE'S NOTHING MORE FUN THAN HITTING A MOVING TARGET. 
          RIGHT? IN ADDITION, THE ALCOHOL IS GOING TO MAKE LIFEGUARD WORK MUCH MORE DIFFICULT, WHICH WE'VE ALREADY TALKED ABOUT. 
          AND TO FINISH UP, I'D LIKE TO ASK A COUPLE OF QUESTIONS WHO WILL KEEP, WHO WILL KEEP THE ORDER. 
          WE HAVE A HOT DOG STAND, UH, KEEP PATRONS FROM LEAVING THE HOT DOG STAND PROPERTY. 
          AND WHERE WILL PEOPLE PEE AND POOP? GO AHEAD AND FINISH YOUR THOUGHT. 
          THANK YOU. 
          THANK YOU. 
          THANK YOU. 
          WE'LL HEAR FROM MS. HEIDI ARMSTRONG FOR ONE MINUTE, FOLLOWED BY DENNIS MARINO. 
          YOU ALL HAVE AN OPPORTUNITY RIGHT NOW TO BE HEROES. 
          ALL YOU HAVE TO DO IS LISTEN TO THE LONG LIST OF EXPERTS AND STAKEHOLDERS TELLING YOU THAT SELLING ALCOHOL 30 STEPS FROM THE ENTRANCE TO BARTON SPRINGS POOL IS A TERRIBLE IDEA. 
          YOU HAVE LIFEGUARDS AND POOL EMPLOYEES TELLING YOU THIS IS A TERRIBLE IDEA. 
          YOU HAVE THE DIVISION CHIEF AND MEDICAL DIRECTOR OF PEDIATRIC EMERGENCY MEDICINE AND THE DROWNING PREVENTION COORDINATOR AT DELL. 
          CHILDREN'S TELLING YOU, THIS IS A TERRIBLE IDEA. 
          YOU HAVE THE CDC TELLING YOU, THIS IS A TERRIBLE IDEA. 
          ALCOHOL'S INVOLVED IN 70% OF DROWNING DEATHS. 
          YOU HAVE AN EXPERT IN DROWNING PREVENTION TELLING YOU THIS IS A TERRIBLE IDEA. 
          YOU HAVE THE PARK BOARD TELLING YOU THIS AS A TERRIBLE IDEA. 
          YOU HAVE LIFELONG BARTON SPRINGS SWIMMERS TELLING YOU THIS IS A TERRIBLE IDEA. 
          THE LIST GOES ON AND ON, BUT I ONLY HAVE A MINUTE. 
          THE PUBLIC AND THE PARK BOARD HAVE SPOKEN. 
          PLEASE LISTEN TO THEM. 
          IT'S CLEAR THAT ANY KIND OF DOLLAR VALUATION THAT MAY COME FROM THIS IS NOT WORTH SOMEBODY'S LIFE. 
          THE CHOICE IS YOURS. 
          YOU HAVE THE OPPORTUNITY TO BE A HERO BY VOTING NO TO THIS PERMIT HERE FROM MR. DENNIS MARINO, YOU'LL HAVE ONE MINUTE FOLLOWED BY MEGAN MUSLIM BACH. 
          HELLO. 
          UM, AND IT WAS DENNIS. 
          I WORKED AT THE POOL FOR FOUR YEARS AND DURING MY ENTIRE TIME WORKING THERE, UM, THE BIGGEST PROBLEM I'VE HAD IS, UH, ALCOHOL DRINKERS. 
          THEY'RE THE WORST PEOPLE TO DEAL WITH USUALLY DUE TO THE FACT THAT THEY GET VERY ANGRY AND VERY UPSET REALLY FAST. 
          BUT ASIDE FROM THAT, UM, THERE IS A LOT OF ALCOHOL ABUSE OUTSIDE OF THE POOL THAT ALSO NEEDS TO BE ACKNOWLEDGED. 
          IN ADDITION TO, UH, ALCOHOL USAGE AT A BARKING SPRINGS WITH THE CREEK ITSELF, THERE'S A LOT OF FIGHTS AND A LOT OF PROBLEMS THAT COME FROM ALCOHOL BEING USED OUTSIDE OF THE FACILITY. 
          UM, UH, THE LIFEGUARDS THEMSELVES HAS HAVE, HAVE HAD TO STOP A LOT OF FIGHTS AND OF ALTERCATIONS INSIDE OF THE FACILITY, DO THE ALCOHOL USAGE. 
          AND I DON'T THINK SELLING ALCOHOL AT THE, UM, FOOD STAND WOULD HELP ANY OF THAT MORE THAN, UH, THE, OUR LIFEGUARDS ALREADY DO, ESPECIALLY SINCE THEY'RE ALREADY OVERWORKED AND UNDERSTAFFED. 
          SO, UH, HOPEFULLY YOU GUYS VOTE. 
          NO. 
          UM, SO ALCOHOLISM SOLD THERE. 
          THANK YOU. 
          LIKE HE WILL NOT HEAR FROM MISS I'M MAKING MY SANDBOX PROBABLY BY LAURA COTTON SAYS, WELL, ANDREW, A QUICK POINT OF HOW MANY SPEAKERS WE HAVE LEFT JUST WA UM, AFTER I MISS, UH,  JUST MR. DAVID PIPER. 
          OKAY. 
          THANKS. 
          WE'RE AT 1121, WE WENT, UM, I THINK WE'RE, WE'RE GONNA FINISH THIS AREN'T WE? YEAH. 
          I HAVE A MOTION TO EXTEND THE 1145. 
          DO I HAVE A SECOND? I HAVE A SECOND BY COMMISSIONER COX. 
          LET'S GO AHEAD AND TAKE A VOTE ON THE MOTION TO EXTEND 1145. 
          I SEE. 
          I THINK EVERYBODY ON THE DIAS AND EVERYBODY ON THIS GREEN COMMISSIONER, HOWARD, DO YOU HAVE A, ARE YOU VOTING ON THIS ONE? OH, NO. 
          WE HAVE ONE VOTE AGAINST. 
          OKAY, SO THAT PASSES. 
          UM, I'M MEGAN MEISENBACH THANK YOU FOR STAYING SO LATE. 
          AND YOU'VE HEARD WONDERFUL TESTIMONY COMMISSIONERS. 
          UM, ONE THING THAT NO ONE'S MENTIONED, UH, HERE IS THAT THE MEN'S HEALTH MAGAZINE HAS FOUND THAT IN TEXAS, AUSTIN IS NUMBER ONE IN ALCOHOLIC, ALCOHOL CONSUMPTION AND CIRRHOSIS OF THE LIVER. 
          AND AUSTIN IS NUMBER FIVE NATIONALLY, UM, RANKED BY MEN'S HEALTH IN THE SAME CATEGORY. 
          UM, YOU KNOW, UH, BUT JUST TO CLARIFY, MAKE SURE THAT THE CUP IS PART OF THE LAND USE, UM, FOREVER. 
          IT'S NOT JUST A PERMIT. 
          YOU CAN WITHDRAW IN. 
          MY UNDERSTANDING WOULD TAKE THIS PROCESS ALL OVER AGAIN, I GUESS, TO WITHDRAW, BUT THE CONTRACTS WITH THE VENDOR WOULD BE FOR 10 YEARS WITH A FIVE-YEAR 
          [05:05:01]
EXTENSION TWO FIVE-YEAR EXTENSIONS. 
          THANK YOU FOR YOUR TIME. 
          THANK YOU WILL NOT HEAR FROM MS. LAURA COTTON SLASH BOND. 
          IT SOUNDS ABOUT BEFORE YOU PROCEED AS MR. DAN UPTIGHT COULD PRESENT. 
          I DON'T NEED MY CAR. 
          MY THOUGHTS, SARAH. 
          UM, I HAVEN'T NOTED AS TO EITHER, UM, MS. FILES TO ARTEMIS, UH, BELL. 
          UM, SO, UM, MS. UH, NOTED, YOU'LL HAVE TWO MINUTES. 
          THANK YOU FOR STAYING HERE. 
          THANK YOU FOR LISTENING. 
          I APPRECIATE YOUR ATTENTION. 
          UM, MY NAME IS LAURA . 
          I HAVE LIVED HERE FOR MORE THAN 25 YEARS RAISED FAMILY HERE. 
          I'M A MEMBER OF THE PARKS BOARD, BUT I'M HERE SPEAKING FOR MYSELF. 
          UM, I THINK IT'S REALLY DISINGENUOUS TO THINK THAT THIS IS A GOOD IDEA. 
          I WANTED TO BRING TO YOUR ATTENTION. 
          THERE WERE MORE THAN 300 LETTERS. 
          I COUNTED THEM THAT CAME AGAINST THIS PROPOSAL TO THE PEOPLE ON THE PARKS BOARD. 
          THERE WERE A HANDFUL IN FAVOR, AND THE ONLY ANSWER WE GOT THERE WAS BECAUSE IT WOULD BE NICE, BUT THE PEOPLE THAT OFFERED REASONS HAD SOME VERY SERIOUS THINGS TO, TO, FOR US TO CONSIDER LACK OF ADDITIONAL POLICING FOR A VENUE SERVING ALCOHOL. 
          AND WE SHOULD NOTE THAT PART IS ALREADY SHORT ON PARK RANGERS. 
          THERE'S A LACK OF AN ADDITIONAL RESTROOM FACILITY, WHICH THE CAFE WOULD SHARE WITH THE POOL. 
          THERE IS EXTRA RESPONSIBILITY, OBVIOUSLY PLACED ON THE SHOULDERS OF OUR ALREADY OVERBURDENED LIFEGUARDS. 
          THERE'S A NEED FOR SOME SPACES WHERE FAMILIES FEEL WELCOME, AND ALCOHOL IS NOT SERVED. 
          THE BOUNDARIES FOR THE CAFE, WHICH HAVE GROWN HIGHER OVER TIME, UM, ARE GOING TO BLOCK THE VIEW OF THE POOL AND DO NOT REFLECT THE REALITY OF ALCOHOL LEAVING THE PREMISE INSIDE THE PATRONS, BUT THEY'RE NOT GOING TO CONTAIN THE ALCOHOL DRINKING AND SWIMMING IS OBVIOUSLY A HUGE, NO, AND LIFEGUARD TRAINING DOESN'T EVEN ADDRESS THIS BECAUSE IT'S JUST NOT A MIX. 
          THOSE WHO MUST DRINK CAN FIND RESTAURANTS IN CLOSE PROXIMITY. 
          THIS HAS BEEN GOING ON FOR A LONG TIME. 
          THE BARTON ROAD, BARTON SPRINGS ROAD IS TWO BLOCKS, BASICALLY FROM THE POOL. 
          ALCOHOL IS INAPPROPRIATE, CLOSE TO A PLAYGROUND POOL AND TRAIN WHERE CHILDREN PLAY. 
          WE DO NOT NEED TO CREATE A DESTINATION WHEN BARTON SPRINGS IS ALREADY OVER LOVED AND A PRIME TOURIST ATTRACTION. 
          IT'S OUR NUMBER ONE SPOT. 
          INCREASINGLY THERE ARE FEWER SPACES WHERE FAMILIES CAN RELAX AND RECREATE WITHOUT ALCOHOL IN THE MIX. 
          UM, SO PLEASE LEAVE FAMILIES THE PARKS OR SOME OF THE PLEAS THAT I HAVE HEARD. 
          I WANT TO KNOW WHAT ANYONE THINKS IS THE UPSIDE FOR THE CITY. 
          THE AMOUNT THAT I HAVE SEEN THAT, THAT THE, UH, THE ESTIMATE IS $13,000 A YEAR THAT THE CITY WOULD GET, UH, VENDORS DON'T NEED ALCOHOL TO MAKE A PROFIT HERE. 
          THEY'RE ONLY PAYING A $70,000 A YEAR RENT, WHICH IS COMPARABLE TO SOMETHING THAT WOULD BE EVEN A LOW END 292,508 A YEAR. 
          THE LARGE MAJORITY WANT IT TO REMAIN FAMILY FRIENDLY AND SAFE. 
          THIS IS NOT A DECISION IN THE BEST INTEREST OF THE CITY OF BOSTON OR ITS RESIDENTS. 
          THANK YOU FOR YOUR TIME. 
          SHOULD I RUN ALL HEAR FROM THE APPLICANTS ON REBUTTAL FOR THREE MINUTES? HI. 
          YES. 
          THANK YOU. 
          I'LL JUST BE REALLY QUICKLY. 
          I JUST WANT TO CALL THE ATTENTION BACK TO THE FACT THAT WE'RE APPLYING AS THE PARKS FOR THE CONDITION CONDITIONAL USE PERMIT AND THIS CONDITIONAL USE PERMIT RESIDES WITH THE PARKS DEPARTMENT. 
          IF VENDORS COME AND GO, THE CONDITIONAL USE PERMIT RESIDES WITH US. 
          SO I JUST WANTED TO CALL YOUR ATTENTION TO THAT. 
          UM, WE HAVE PLANS IN PLACE AND WE ARE PREPARED TO MONITOR AND ENSURE THE VENDOR IS ACTING ACCORDINGLY. 
          THEY'RE MAINTAINING THEIR TABC PERMITS AND RESPONSIBLE CONSUMPTION AND SERVING. 
          THANK YOU. 
          SURE THAT CAN COME AS A SPEAKER OF SUPPORT THE HEALTHCARE. 
          LET'S GO AHEAD AND CLARIFY HEARING. 
          I HAVE A MOTION COMMISSIONER SECONDED BY COMMISSIONER CZAR. 
          LET'S GO AND VOTE WAS HEARING, UH, 1, 2, 3, 4, 5, 6, 7, AND FIVE. 
          SO THAT'S 12 THAT'S AGAINST THE GLITZ AND THE PUBLIC HEARING. 
          I'M SAYING. 
          OKAY. 
          OH YES. 
          THANK YOU. 
          UH, SO THAT'S 12 ONE, UH, COMMISSIONER, UH, VICE CHAIR. 
          HEMPEL STANDING. 
          OKAY. 
          SO, UH, QUESTIONS JUST GOT THE FIRST QUESTION. 
          NO, IT'S LATE. 
          SURE. 
          I'D LIKE TO MAKE A MOTION IF THERE ARE NO QUESTIONS. 
          DO YOU WANT ME TO GO TO, OKAY. 
          I DON'T SEE A COMMISSIONERS ARE 
          [05:10:01]
YES. 
          UM, CAN WE HAVE STAFF? UM, SO MY FIRST QUESTION IS, CAN YOU PLEASE SPEAK TO, IS THIS THE FIRST TIME WE'RE HAVING A CUP OR DO WE USUALLY GO FOR UPS? DO WE HAVE ALCOHOL SERVED AND OTHER PARK'S GOING TO BE, CAN YOU PLEASE SPEAK TO THAT AS IN, HAS THIS LAND USE BEEN GRANTED BEFORE? UH, ESSENTIALLY AS WE'RE, UH, HAVING ALCOHOL SEALS AND OTHER PARKS, DO THEY ALREADY HAVE SO UPS? YES. 
          THERE'S ONE THAT JUST PASSED THE WATERLOO ON. 
          I BROUGHT IT AND WENT THROUGH CONSENT. 
          AND WOULD WE BE SEEING OTHER CASES COMING UP AS WE'VE HEARD? ARE THERE OTHER ONES COMING UP FOR OTHER PARKS? NOT THAT I'M AWARE OF AT THIS TIME, BUT THERE COULD BE CAUSE I KNOW THAT THERE ARE SOME MAYBE IN PROCESS, BUT THEY HAVEN'T COME ACROSS MY DESK CURRENTLY. 
          AND THEN, UM, CAN YOU ALSO PLEASE HELP ME UNDERSTAND HOW SO I'M HEARING, RIGHT. 
          LIKE WE HAD AN RFP, WE GOT THROUGH TO THE POINT WHERE THE CONTRACT HAS BEEN SIGNED AND THEN IT'S COME TO CUB. 
          WOULD THAT BE THE REGULAR PROCESS FOR THAT? SO I CAN'T SPEAK TO THE RFP PROCESS AND I THINK WE NEED TO BE CLARIFYING. 
          THIS IS NOT HERE. 
          WE'RE NOT HERE TO TALK ABOUT AN RFP. 
          I DON'T THINK THIS IS THE COMMISSION FOR THAT. 
          I THINK THOSE ARE TWO SEPARATE THINGS AND I KNOW THAT KEEPS BEING BROUGHT UP, BUT THERE'S AN RFP AND THAT, THAT IS HOUSED WITH THE PARKS DEPARTMENT, HOW THEY WANT TO HANDLE IT IS UP TO THEM. 
          THIS IS ALL JUST ABOUT, SO I GUESS I'LL JUST ASK HER POINT BLANK QUESTION. 
          IS THERE A LEGAL LIABILITY FOR US? CAUSE IT SEEMS LIKE WE'VE ALREADY SIGNED A, I CAME IN HERE THAT THAT WOULD BE A LOT DEPARTMENT QUESTION. 
          AND I'M ASSUMING WE DO NOT HAVE ANYONE HERE WHO COULD RESPOND TO THAT QUESTION THERE. 
          WE POTENTIALLY HAVE SOMEONE ON THE LAW. 
          I THINK THAT WE CAN CALL SURE. 
          CAMERA'S LAYS ON ANDROID. 
          I CAN WORK ON THAT INQUIRY IF YOU WANT TO MOVE ON TO ANOTHER ONE. 
          YEAH, PLEASE. 
          UM, I APPRECIATE THAT. 
          SO I GUESS, UM, MY ONE LAST QUESTION WOULD BE, AND I DON'T KNOW IF YOU'RE THE RIGHT PERSON TO ASK FOR THIS, BUT IT SOUNDS LIKE WE ALREADY DO NOT ALLOW ALCOHOL TO BE CONSUMED WITHIN THE BARTON POOL AREA. 
          AND THAT WE DO HAVE FOLKS WHO ARE SCREENING PEOPLE AS THEY'RE GOING INSIDE. 
          I DON'T KNOW. 
          I'LL I THINK THAT MIGHT BE A GOOD QUESTION FOR THE PARK STAFF. 
          I DON'T KNOW IF PEOPLE SCREAM, KIMBERLY MCNEALY SERVING AS THE PARKS AND RECREATION DIRECTOR. 
          SO WE HAVE INDIVIDUALS WHO WORK AT THE SWIMMING POOL WHO TAKE, UM, FEES AND OR HELP PEOPLE UNDERSTAND. 
          AND WHEN THEY, IF THEY HAPPEN TO NOTICE SOMEONE IS IMPAIRED, COULD BE FROM ALCOHOL OR ANY OTHER REASON THAN THEY HAVE THE RIGHT TO, OR THEY HAVE THE AUTHORITY TO SAY IT'S NOT APPROPRIATE FOR THEM TO ENTER INTO THAT SWIMMING POOL. 
          THANK YOU. 
          I APPRECIATE THAT. 
          AND I GUESS, OKAY. 
          I GUESS I'LL WAIT TO HEAR FROM, UH, REGARDING THE OTHER QUESTION. 
          THANK YOU. 
          YEAH. 
          I'LL UH, WE'LL BRING YOU BACK ON IF YOU NEED TO ADD THE QUESTION FROM COMMISSIONER SHEA. 
          OH, AND I MIGHT'VE MISSED THAT. 
          DID SOMEBODY ON A SCREEN WHEN I ASK A QUESTION? OKAY. 
          YOU'RE NEXT COMMISSIONER COX. 
          OKAY. 
          SO, UM, BEING THAT THIS IS A CONDITIONAL USE PERMIT. 
          I MEAN, I'M USED TO WHEN CONDITIONING AND USE PERMITS COME IN FRONT OF US. 
          I MEAN, IT'S THE TYPICALLY, WELL, LIKE DOCUMENTED OUT, WE SEE A SITE PLAN. 
          WE SEE EXACTLY WHAT YOU'RE DOING. 
          LIKE FOR INSTANCE, THIS IS THE PERIMETER AND THERE'S NOTES ALL OVER IT. 
          THERE'S ALL BUNCH OF NOTES ABOUT OPERATIONS, ABOUT HOURS. 
          AND, AND ALL I SEE RIGHT NOW IS JUST A PRESENTATION. 
          IS IT THEY'VE ALL BEEN INCLUDED IN YOUR BACKUP. 
          OKAY. 
          SO THERE IS ALL THAT INFORMATION IN THE BACKUP. 
          HOWEVER, HOURS OF OPERATION IS NOT SOMETHING THAT WE TYPICALLY DO WITH THIS USE. 
          IT HAS BEEN DONE WITH OTHER USES. 
          HOWEVER, THAT CAN BE SOMETHING THAT CAN POTENTIALLY BE ADDED. 
          AND THAT IS ALSO NOTATED IN THE BACKUP, WHAT YOU CAN AND CANNOT DO. 
          OKAY. 
          UM, AS FAR AS CONDITIONAL USES AND WHAT YOU CAN ADD TO, AND THEN HOW THE PROVISIONS IN THIS ARE TWEAKED TO MAKE IT COMPATIBLE. 
          I MEAN, DO YOU FEEL THAT ALL THOSE PIECES THAT YOU DOCUMENT, I MEAN, SEEING THIS STUFF OUT, TIBC, I MEAN THAT THAT'S A GIVEN, BUT DIRECTLY TO ADDRESS WHAT WE'VE HEARD FROM THE PUBLIC ON HOW THEY HAVE TO HANDLE THIS, HOW THINGS HAVE TO CHANGE. 
          I MEAN, DO YOU FEEL YOU'VE DONE THE BEST YOU COULD PUT FORWARD AS FAR AS THE PROVISIONS TO MAKE IT COMPATIBLE WITH WHAT'S AROUND IT, AGAIN, EVERYTHING THAT'S AROUND IT IS JUST PARKS AND RECREATION USE. 
          SO YES, IT'S A USE. 
          AND SO I THINK THERE'S, PEOPLE ARE TALKING ABOUT A POOL, WHICH IS NOT NECESSARILY USED, IT'S INCLUDED WITHIN THE PARKS AND RECREATION. 
          AND SO MAYBE I'M NOT FULLY UNDERSTANDING YOUR QUESTION AND I UNDERSTAND WHERE YOU'RE COMING FROM BECAUSE YOU'RE, YOU'RE USING SPECIFIC USES AND WE'RE, WE'RE LOOKING AT THE REALITY OF WHAT THE PHYSICALITY IS THERE AND HOW WE HAVE DECADES AND GENERATIONS OF PEOPLE WHO'VE BEEN THROUGH AND KNOW HOW THINGS OPERATE. 
          SO IT'S NOT JUST A USE ANYMORE AS, AS JUST A LABEL THAT IS ALSO NOTATED IN THE BACKUP, WHAT YOU CAN AND CANNOT DO AS FAR AS CONDITIONAL 
          [05:15:01]
USES OF WHAT YOU COULD ADD TO IT. 
          I THINK I'M TALKING TO MYSELF AT THE SAME TIME. 
          THAT'S NOT ME ANYWAY. 
          SO I MEAN, TO ANSWER YOUR QUESTION IS I KIND OF WENT BACK AND FORTH WITH THESE THOUGHTS AS WELL. 
          I TALKED TO STAFF AND MY SUPERVISORS, UM, BUT I AM JUST HERE TO LOOK, DOES THIS MEET LAND DEVELOPMENT CODE? AND THAT'S WHERE MY RECOMMENDATION DOES IT DOES. 
          AND THAT'S ALL I CAN SAY. 
          AND YOU'RE RIGHT. 
          THERE ARE OTHER THINGS, THIS IS WHY WE'RE ALL HERE. 
          IT'S A CONDITIONAL USE. 
          AND SO TO BE HONEST, NO, I DID NOT CONSIDER THAT BECAUSE THAT'S NOT MY JOB. 
          THAT'S NOT WRAPPED INTO WHAT MAKES THE RECOMMENDATION, DOES IT MEET LAND DEVELOPMENT CODE? WOULD THIS PROPOSAL MEET IT? RIGHT? YES. 
          AND THOSE ARE THE THINGS I'M CONCERNED. 
          CAUSE I'VE HEARD FROM SOME, I GUESS, A VOCAL MINORITY WHO WANT IT FIRST. 
          I SAID, MOST VOCAL MINORITY THAT DON'T WANT TO ANYWAY, BUT THAT WANT IT. 
          AND THEY'RE SAYING, THEY'RE COMING UP WITH ALL THESE IDEAS THAT COULD HELP, BUT ALL THESE IDEAS IS BEYOND JUST WHAT YOU JUST SAID TO HIT THE CODE. 
          BUT THOSE ARE THE THINGS THAT IF YOU'VE BEEN WANTING TO GET CLOSE TO IT, THAT'S KIND OF WHAT YOU GOT TO HAVE IN THERE. 
          AND I DON'T, I I'M CONCERNED THAT YOU HAVEN'T GONE THAT FAR TO EVEN ADDRESS THESE THINGS THAT WE'VE HEARD OR EVEN THESE IDEAS THAT OTHER PEOPLE HAVE, BUT OKAY. 
          SO, UM, DO WE HAVE, DO WE HAVE SOMEBODY FROM THE LEGAL STAFF ON AVAILABLE CHAIR, COMMISSIONER, ANDREW RIVERA? UM, MS. MARY MURROW IS PRESENT. 
          OKAY. 
          SO LET'S SWITCH BACK. 
          SO COMMISSIONER DECIDED, DID YOU HAVE A QUESTION FOR THE LEGAL STAFF? SURE. 
          I'M JUST TRYING TO UNDERSTAND WHAT ARE THE IMPLICATIONS OF HAVING GONE THROUGH AN RFP PROCESS AND HAVING SIGNED A CONTRACT, UM, AND THEN DENYING THE CUB? I DON'T, I DON'T KNOW IF, UM, WE'RE BEING HEARD ON THE, UH, ON THE SCREEN. 
          CAN, CAN DO, UH, WHO'S WHO'S THE, UH, TRICKY INTROVERT, UH, BEAR WITH ME JUST ONE SECOND. 
          OKAY. 
          CHAIR, WHAT IF I ASKED QUESTIONS AND STAFF WHILE THEY GO AHEAD? A GOOD IDEA. 
          A COMMISSIONER, CONSEQUENTLY. 
          YEAH, I REALLY JUST HAVE ONE QUESTION. 
          UM, YOU KNOW, WE'VE, WE'VE HEARD FROM A LARGE AMOUNT OF PEOPLE THAT THEY DON'T WANT THIS. 
          WE ALSO SAW A PRESENTATION THAT IT WAS REALLY ONLY JUST A HANDFUL OF PEOPLE AND SOME 2015 SURVEY THAT MENTIONED BEER. 
          UM, BUT THE OVERWHELMING MAJORITY OF THOSE RESPONDENTS TO THE SURVEY DID NOT MENTION BEER OR ALCOHOL. 
          UM, I'M TRYING TO FIGURE OUT WHERE THE DEMAND IS. 
          W HOW, W WHY IS THIS EVEN COMING BEFORE US OTHER THAN SOME CONDITIONAL LANGUAGE THAT WAS PUT IN AN RFP? WHERE IS THIS COMING FROM? WHY, WHY, WHY IS STAFF EVEN CONTEMPLATING THIS AT ALL? OR IS IT TRULY JUST THE, THE 5% OF RESPONDENTS IN THE 2015 SURVEY THAT MENTIONED ALCOHOL, KIMBERLY MCNEALY? AGAIN, UM, YOU ARE CORRECT THAT THERE, THAT SURVEY THAT WAS MENTIONED, BUT THERE WAS ALSO, UM, AN UNOFFICIAL POLL THAT WAS CONDUCTED BY KVU OR 421 RESPONDENTS, UM, WERE RESPONDING. 
          AND APPROXIMATELY 80% OF THOSE INDIVIDUALS SAID THAT THEY WOULD LIKE TO SEE BEER AND WINE AT THE ZILKER CAFE. 
          UM, WE DO BELIEVE THAT PERHAPS THE FEEDBACK, UH, THAT THAT HAS BEEN RECEIVED, UM, I'M SORRY, THE REASON WHY WE'RE BRINGING IT FORWARD TO YOU IS BECAUSE WE DID HAVE AN RFP PROCESS. 
          AND IN THAT RFP PROCESS, IT DID TALK ABOUT THE OPPORTUNITY TO BE ABLE TO HAVE ALCOHOL. 
          AND AT THE END OF THAT PROCESS, THE DEPARTMENT WAS MADE AWARE THAT BECAUSE THIS WAS ZONE P THE ONLY WAY THAT YOU COULD ALLOW FOR THAT TO HAPPEN WAS TO GO THROUGH THE CONDITIONAL USE PROCESS. 
          AND WE ALSO FIGURED THAT OUT THAT FOUR YEARS, THERE ARE OTHER PIECES OF PROPERTY WITHIN THE PARKS AND RECREATION DEPARTMENT. 
          I E GOLF COURSES THAT HAVE BEEN SERVING ALCOHOL THAT NEVER WENT THROUGH THIS CONDITIONAL USE PROCESS. 
          AND SO WE'RE BRINGING IT FORWARD BECAUSE IT WAS PART OF AN RFP PROCESS. 
          AND WE LEARNED THAT THE LAND DEVELOPMENT CODE REQUIRED IT TO COME TO THE PLANNING COMMISSION FOR, FOR A DECISION MAKING PROCESS. 
          SO THAT WAS WHY YOU'RE HERE TODAY. 
          I THINK, THANK YOU FOR THAT. 
          I SAID, I ONLY HAVE ONE QUESTION, BUT, BUT I HAVE TO, UH, AFTER GOING THROUGH THIS PROCESS DIRECT MCNEELY, UM, AND I, I HATE TO ASK YOU THIS QUESTION BECAUSE 
          [05:20:01]
IT'S A HARD ONE TO ANSWER, BUT D DO YOU THINK PART WOULD DO THIS AGAIN, KNOWING KIND OF THE CHALLENGES OF, OF THIS PROCESS AND THE OPPOSITION THAT THIS IS RECEIVED? SO WHAT I WOULD SAY TO YOU IS THAT WE'VE, WE RESPECT THE, I RESPECT THE, AND I BELIEVE THAT MY TEAM RESPECTS THE OPINION OF THE PARKS AND RECREATION BOARD AND OF ALL THE INDIVIDUALS WHO CAME FORWARD AND BROUGHT THEIR OPINION FORWARD. 
          HOWEVER, OUR UNDERSTANDING AND THE GUIDANCE THAT I RECEIVED FROM RECEIVED FROM THE LAW DEPARTMENT IS THAT THE PARKS AND RECREATION BOARD IS NOT THE SOVEREIGN ENTITY THAT MAKES THE DECISION THAT THE DECISION-MAKING PROCESS FOR THIS IS THE PLANNING COMMISSION, WHICH IS WHY WE'RE HERE TONIGHT IS AS MUCH AS I KNOW, THIS IS PROBABLY NOT THEIR FAVORITE PART OF THIS, THIS PARTICULAR NIGHT, WE'RE HERE BECAUSE IT'S PART OF THE PROCESS, AND THIS IS THE DECISION-MAKING BODY. 
          AND SO THE RE IF YOU'RE ASKING ME WHAT I GO THROUGH THIS PROCESS, AGAIN, THE ANSWER IS YES, BECAUSE I BELIEVE THAT I HAVE TO GO THROUGH THE PROCESS. 
          IF WE'RE TALKING SPECIFICALLY ABOUT THIS PARTICULAR CUP, I'M NOT GOING TO COMMENT ON THAT, BUT, BUT THE PROCESS IS TO COME TO THE PARTY, TO THIS PLANNING COMMISSION. 
          I APPRECIATE THAT. 
          THANK YOU. 
          AND THEN COMMISSIONER PRACTICES. 
          UM, SO MY FIRST QUESTION IS FOR, UH, SOMEONE FROM THE, UH, FROM THE, UH, FOLKS WHO APPLIED FOR THE RFP, I'M NOT SURE, UM, FROM THE CAFE FOLKS, IF, UH, WHO WOULD LIKE TO ANSWER, UM, MY QUESTION IS PRETTY SIMPLE. 
          UH, UH, UH, WOULD YOU HAVE APPLIED IF YOU HAD KNOWN, UM, THAT, UH, BEER AND WINE SALES WOULD NOT BE ALLOWED? SO, SO, UM, WORKING WITH RICK AND MYSELF, WE VERY MUCH FOCUS ON, UH, LOCAL INGREDIENTS, LOCAL VENDORS. 
          UH, WE USE LOCAL FARMS, WE USE QUALITY, ALL COMPOSTABLE MATERIALS. 
          WE PAY A FAIR WAGE, WE PROVIDE HEALTH CARE, AND WE DO ALL OF THESE REALLY DIFFICULT THINGS AS STEWARDS OF OUR BUSINESSES AND OUR EMPLOYEES. 
          AND IF YOU TAKE AWAY OPPORTUNITIES TO MEET THOSE TYPES OF THINGS, THERE'S A SACRIFICE. 
          AND SO WOULD WE HAVE APPLIED FOR THAT? PROBABLY NOT BECAUSE WE DON'T WANT TO BE IN THE BUSINESS OF SELLING FRENCH FRIES AND ICE CREAM CONES. 
          I MEAN, WOULD THE PROJECT HAVE PENCILED OUT WITH YOUR VISION FINANCIALLY WOULD NOT HAVE NOT BASED ON THE REVENUE SHARE MODEL THAT THE CITY WAS REQUESTING. 
          SO IN RESPONSE TO THE RFP THAT WAS PUT OUT AND YOU APPLIED, UM, BASED ON THE INFORMATION THAT WAS IN IT, INCLUDING THE INFORMATION THAT, UH, BEER AND WINE SALES WOULD BE ALLOWED, WE DID. 
          AND IN FACT, NOT ONLY WAS IT ALLOWED, IT WAS APPROVED BY PARK BOARD. 
          IT WAS APPROVED BY CITY COUNCIL AND A CONTRACT WITH SAW WAS SIGNED AS WELL AS A TABC LICENSE WAS GRANTED, INCLUDING WITH A SIGNATURE BY THE CITY. 
          OKAY. 
          THANK YOU. 
          SORRY, WITH TIME IS RUNNING SHORT. 
          SO I WANTED TO ASK A QUESTION OF, UH, MAYBE I THINK STAFF, SINCE I'M NOT ENTIRELY SURE WHO WOULD ASK THIS QUESTION. 
          YEAH. 
          STAFF. 
          UM, AND THE QUESTION IS, UH, THE, THE SORT OF SURVEY THAT WAS DONE, THE SURVEYS THAT WERE REFERENCED HERE OUTSIDE OF THE CAVE VIEW SURVEY, UM, THAT WAS A SURVEY SPECIFICALLY THAT TARGETED FOLKS FROM THE NEIGHBORHOOD. 
          IS THAT, IS THAT WHAT I AM, OR WHAT I UNDERSTAND CORRECTLY? OR WAS THAT A WIDE SURVEY? 'CAUSE UH, THE REASON I'M ASKING IS BECAUSE WE WE'RE HEARING A LOT FROM FOLKS WHO LIVE IN THE ZILKER NEIGHBORHOOD, AND WE'VE HEARD THAT FOLKS FROM THE NEIGHBORHOOD BE VERY VOCAL ABOUT THIS, BUT SINCE THE BARTON SPRINGS PARK IS A PART OF THAT SERVES THE ENTIRE CITY, I'M WONDERING IF A SURVEY WAS DONE THAT REACHED SORT OF THE ENTIRETY OF AUSTIN THAT USES AND BENEFITS FROM THE, SO THE KBU SURVEY WAS ACTUALLY A SURVEY FOR ALL OF AUSTIN. 
          IT JUST WASN'T A LOCAL AREA. 
          SO THAT SURVEY DID REACH OUT TO EVERYONE AND THEY WERE ABLE TO PUT IN. 
          AND SO YOU COLLABORATED WITH CAVE. 
          YOU TOOK THAT SURVEY? NO, NO, THEY DID THAT ON THEIR OWN. 
          OKAY. 
          SO THE SURVEY WAS THE IDEA BEHIND THE KV SURVEY WAS TO REACH KIND OF A WIDER DEMOGRAPHIC SORT OF ALL OF US. 
          YES. 
          BECAUSE THEY WERE THERE DURING THESE INITIAL DISCUSSIONS WHEN WE WERE FIRST STARTING THE PROCESS. 
          AND SO THEY PUT OUT THEIR SURVEY TO SEE IF THERE WAS INTEREST. 
          OKAY. 
          THANK YOU. 
          AND THEN ONE, JUST ONE LAST QUESTION WHILE I HAVE THE, ARE WE AT TIME? ARE WE AT TIME? OKAY. 
          OKAY. 
          WELL, WE NEED TO EXTEND, GO AHEAD AND THEN WE NEED TO EXTEND. 
          OKAY. 
          SO LAST QUESTION IS, UH, SORRY, I KIND OF LOST MY TRAIN OF THOUGHT THERE. 
          IT'S BEEN A LONG DAY. 
          I'LL GO AHEAD AND FINISH YOUR THOUGHT. 
          WE, I, I INTERRUPTED YOU. 
          UM, MY QUESTION IS, IS THERE ANY, UM, CAN I ALSO ADD THE ORIGINAL SURVEY THAT WENT OUT WEST CITYWIDE AS WELL? SO THE 2015, WHICH, WHICH SURVEY WAS THIS? THE 2015. 
          SO THE 2015 SURVEY WAS, AND HOW WAS THAT DONE? WAS THAT, WAS IT SPEAK UP AUSTIN? 
          [05:25:01]
UH, W WE'RE NOT SURE. 
          I CAN'T, HONESTLY. 
          YEAH, THAT WAS 2015. 
          OKAY. 
          SO WE DON'T KNOW WHO RESPONDED. 
          I'LL MAKE A MOTION TO EXTEND THE MIDNIGHT. 
          YEAH. 
          ALL RIGHT. 
          LET'S UH, LET'S GO AHEAD AND TAKE CARE OF WE'RE. 
          WE'RE ALMOST OUT OF TIME HERE. 
          SO WE NEED THE PERMISSION TO CON UH, WELL, A MOTION FROM MCKINNEY CHEMISTRY COSTS IT'S UNTIL MIDNIGHT, SECOND, BY COMING TO SHEA, IT'S GOING TO VOTE, UH, EVERYBODY ON THE DIOCESE IN FAVOR AND EVERYBODY ON THE SCREEN. 
          SO THAT'S UNANIMOUS. 
          OKAY. 
          LET'S PROCEED. 
          SO, JUST TO FINISH THE QUESTION, IS THERE, WITH REGARDS SPECIFICALLY TO THIS, UM, CP AND OTHERS THAT ARE COMING, IS THERE ANY KIND OF GENERALIZED POLICY THAT YOU FOLLOW WITH REGARDS TO, UH, LIQUOR SALES, BEER, WINE SALES, AND IN PARKS? IS THERE SOME KIND OF STANDARD THAT IS ADHERED TO AROUND THIS, OR DOES IT JUST KIND OF VARY ON A CASE BY CASE BASIS? WELL, THERE'S A PART POLICY FOR ALCOHOL CONSUMPTION THAT, YOU KNOW, OF COURSE, PART FOLLOWS IN THE CUP. 
          AS DIRECTOR MCNEELY SAID, WE HAVE SOME, SOME FUNCTIONS WITHIN THE RECREATIONAL SYSTEM THAT HAVE BEEN SELLING ALCOHOL FOR A LONG PERIOD OF TIME. 
          AND YOU'RE GOING TO HEAR FROM US ONCE AGAIN, WHEN WE COME TO YOU AGAIN AND ASK FOR THIS CONDITIONAL USE PERMIT FOR THIS PURPOSE. 
          OKAY. 
          THANK YOU. 
          AND, AND, AND, AND SPECIFICALLY, THAT'S WHY WE'RE REQUESTING THIS PARTICULAR ZONING IN THIS AREA, BECAUSE THIS WOULD DESIGNATE THIS AREA FOR THE SELL OF BARE MINIMUM. 
          OKAY. 
          TALK ABOUT THE SURVEY. 
          WE NEED TO MOVE ON TO THE NEXT WE'RE AT A TIME ON THAT QUESTION, BUT COMMISSIONER PRACTICES HAD THE, UH, YEAH, THANK YOU. 
          UM, I WANTED TO FOLLOW UP ON THE LINE OF QUESTIONING ABOUT SCREENING BECAUSE, UM, IT'S SOMETHING THAT I KNOW ARE LIFEGUARDS, UM, AND PARDON SPRINGS EMPLOYEES BROUGHT UP. 
          AND I THINK WE ASKED THAT QUESTION DIRECTED AT THE PARKS DEPARTMENT, BUT I'M A BIG FAN OF HOW THINGS WORK OUT IN REALITY, LIKE WITH THE FOLKS ON THE FRONTLINE, NOT JUST LOOKING AT LIKE THE THEORY OF HOW THE CITY THINKS THINGS ARE WORKING. 
          SO I WAS REALLY GRATEFUL TO HEAR, UM, FROM OUR LIFE GUARDS, FROM OUR BARTON SPRINGS EMPLOYEES TONIGHT. 
          UM, AND I WANT TO ASK Y'ALL ANYONE WHO'D LIKE TO STEP FORWARD, IF YOU COULD JUST RECAP FOR US SOME OF WHAT YOU SHARED ABOUT HOW EFFECTIVE THE SCREENING REALLY IS. 
          UM, YOU KNOW, I RECALL USED, UH, FOLKS COMMENTING THAT THEY'RE UNDERSTAFFED. 
          UM, AND I HEARD, UM, OTHER SHARING THAT, YOU KNOW, EVEN WE'RE NOT TREATED AS FULL-TIME EMPLOYEES, SO YEAH. 
          ANYONE WHO WANTS TO STEP FORWARD AND SORT OF TALK ABOUT IS THE SCREENING REALLY EFFECTIVE? IS THERE A WAY TO, UM, TO FIX THAT, TO MAKE THE ALCOHOL USE, UM, IN THAT AREA POSSIBLE? UM, SO IN TERMS OF THE SCREENING, THERE'S NO WAY THAT WE CAN SCREEN PEOPLE. 
          THE ONLY THING WE CAN DO IS JUST ASK THEM IF THEY HAVE, UM, HAD ALCOHOL MOST OF THE TIME, THEY'LL, THEY'LL TELL US THEY'RE HONEST ANSWER. 
          CAUSE THEY DON'T REALLY KNOW, UM, HOW, YOU KNOW, THE POLICY WORKS AND ALL THAT STUFF. 
          AND WHEN THEY TELL US THAT THEY HAVE, WE JUST TELL THEM THAT THEY CAN'T ENTER FOR THE DAY AND THAT THEY HAVE TO COME BACK THE NEXT DAY. 
          UM, BUT THERE'S NOTHING THAT WE CAN DO EITHER IN TERMS OF LIKE CHECKING THEIR BAG OR ANYTHING LIKE THAT. 
          WE JUST HAVE TO ASSUME THAT, UM, WE DO ASK IF THEY HAVE ALCOHOL, UM, UM, AT SOME POINT THEY REALIZE THAT, UM, THEY CAN'T BRING IT IN, SO THEY JUST LIE TO US ANYWAY AND THEY BRING IT. 
          BUT, UM, ASIDE FROM THAT, THERE'S NOTHING ELSE THAT WE CAN DO TO, UM, HELP THE ISSUE, I GUESS, FOR ALCOHOL TO COME IN. 
          IT JUST HAPPENS EITHER WAY. 
          AND YEAH, LIKE YOU SAID, WE'RE ALSO VERY UNDERSTAFFED. 
          SO AT, AT A CERTAIN POINT, ONCE WE START GETTING THOSE BIG LINES, THERE'S NOT MUCH THAT WE CAN DO ASIDE FROM JUST LIKE, ASSUMING THAT EVERYONE'S DOING THE PROPER THING. 
          UM, BUT IN REALITY, THAT'S A VERY HOPEFUL THINKING. 
          UM, BUT YEAH. 
          THANK YOU SO MUCH. 
          YEAH. 
          I REALLY APPRECIATE YOU ALL BEING HERE. 
          I'M SO LATE TONIGHT, IT WAS GOOD TO HEAR FROM YOU. 
          IT'S LIKE A GOOD REASON TO BE UP THIS LATE, TO HEAR FROM YOU ALL DIRECTLY. 
          UM, AND I WOULD HOPE THAT THE PARKS DEPARTMENT WOULD LOOK TO LOOK TO YOU GUYS FOR FEEDBACK IN THE FUTURE ON ANY KIND OF MOVES THEY'RE TRYING TO MAKE, BECAUSE CLEARLY YOU ALL HAVE A CLEAR PICTURE OF WHAT'S GOING ON AND WHAT THE NEEDS ARE THERE. 
          THANK YOU. 
          ALL RIGHT. 
          UH, SO THAT COMPLETES OUR QUESTIONS. 
          SO, UM, WE'RE NOW GOING TO, WE HAVE A MOTION, UH, COMMISSIONER, MR. TODDLER. 
          I'D LIKE TO MAKE MOTION TO DENY THIS REQUEST SECOND. 
          YEAH. 
          THE SECOND BY COMMUNITY SCHNEIDER. 
          UM, YOU WANT TO SPEAK TO YOUR MOTION? I ABSOLUTELY DO. 
          THANK YOU GUYS SO MUCH FOR COMING. 
          THANK YOU FOR COMING AND COMING AND COMING AND COMING. 
          AND I'M SORRY, WE'RE HERE. 
          THIS WAS A POOR DECISION. 
          I'M DR. 
          JENNIFER MUSH TALLER. 
          I'M A PHYSICIAN. 
          I'M A SWIMMER. 
          I LIFEGUARDED MANY SUMMERS. 
          MY WORKING 
          [05:30:01]
THROUGH MY WAY THROUGH HIGH SCHOOL AND COLLEGE. 
          WHEN I WAS A YOUNG LADY IN COLLEGE, I WENT TUBING IN SAN MARCUS RIVER AND THERE'S A REALLY COOL PLACE WHERE YOU CAN CLIMB UP ON THE CLIFFS AND JUMP. 
          EVERYBODY KIND OF HANGS OUT AND DOES THAT. 
          AND SO WE ALL SCRAMBLED UP THE ROCKS AND IT WAS A LITTLE HIGHER UP THERE THAN I THOUGHT IT WAS GOING TO BE WHEN WE GOT TO THE TOP AND EVERYBODY WAS HAVING A GOOD TIME DOWN THERE. 
          I DON'T MIX ALCOHOL AND WATER BECAUSE I'M A SWIMMER AND I'M A LIFEGUARD. 
          I WAS A LIFEGUARD. 
          UM, BUT WHEN WE WERE UP THERE, I GOT A LITTLE NERVOUS ABOUT JUMPING OFF THE CLIFF. 
          AND THERE WAS A, QUITE A HANDSOME YOUNG MAN UP THERE. 
          AND HE TURNED TO ME AND HE SAID, HEY, DARLIN, I'M GOING TO SHOW YOU HOW THIS IS DONE. 
          AND HE TURNED AROUND AND HE DID A BACK FLIP OFF THE CLIFF AND HE LANDED FACE FLAT IN THE WATER. 
          HE HAD BEEN DRINKING A LITTLE BIT. 
          YOU MIGHT SAY, AND HE KNOCKED HIMSELF CLEAN UNCONSCIOUS, AND EVERYBODY ELSE DOWN THERE HAD BEEN DRINKING A LITTLE BIT TOO. 
          AND NOBODY SAW HIM AND MY BUDDY AND I ARE ON THE TOP OF THIS CLIFF. 
          AND THE SKY IS FACE DOWN IN THE WATER. 
          AND THAT'S THE REASON I JUMPED OFF THAT CLIFF AND SAY THAT GUY'S LIFE. 
          AND THAT'S THE REASON I WENT TO MEDICAL SCHOOL TO BECOME A PHYSICIAN, TO PREVENT PREVENTABLE INJURIES AND SAVE LIVES. 
          WE RECEIVED A TWO PAGE LETTER FROM MY COLLEAGUE, DR. 
          ERIC HIGGINBOTTOM. 
          I DON'T THINK WE HAVE ENOUGH TIME TO READ IT. 
          I HOPE WE DON'T NEED TO. 
          IT'S IN THE BACKUP MATERIAL. 
          IT'S EVERYTHING YOU NEED. 
          THERE'S NO QUESTION. 
          THERE'S NO QUESTION. 
          THIS DOES NOT NEED TO BE THERE. 
          I'M VERY SORRY TO THE VENDOR WHO WAS LED DOWN A FALSE PATH, BUT IF YOU'LL MIX ME UP A REALLY WONDERFUL SMOOTHIE, I PROMISE I'LL BRING MY FAMILY AND COME AND GET ONE. 
          WE'LL TRY AND MAKE THIS WORTH Y'ALL'S TIME. 
          I THINK YOU'LL HAVE THE CUSTOMERS THAT YOU WANT AND THE CLIENTELE THAT YOU WANT WILL BE THERE, BUT LET'S NOT DO IT WITH ALCOHOL. 
          THANK YOU. 
          ALRIGHT. 
          UM, COMMISSIONER SPEAKING AGAIN, I WOULD LIKE TO SPEAK AGAINST THE MOTION. 
          OKAY. 
          UM, FIRST OF ALL, I'M NOT NECESSARILY SAYING THAT THIS IS A GOOD IDEA. 
          I AM SAYING THAT WE ARE NOT APPLYING A EVEN OR FAIR STANDARD IN MAKING THIS DECISION AND THAT IF THERE, IF WE ARE GOING TO MAKE THIS DECISION, THEN A FAIR STANDARD HAS TO BE APPLIED ACROSS THE BOARD TO A NUMBER OF OTHER, UM, SIMILAR DECISIONS THAT WE HAVE AND THAT WE HAVE TO MAKE. 
          AND THAT WE HAVE MADE IN THE PAST, WE APPROVED THE WATERLOO GREENWAY, UNANIMOUSLY. 
          UM, SO THERE WAS, UH, YOU KNOW, A WHOLE, YOU KNOW, YOU KNOW, I ALSO GREW UP SWIMMING, YOU KNOW, I AM A SWIMMER AND I'M A DRINKER, BUT THAT'S ALL BESIDE THE POINT. 
          THE POINT IS THAT, UH, THERE'S NO STANDARD RIGHT NOW AND WE'RE PICKING AND CHOOSING. 
          AND WHAT WE HAVE RIGHT NOW IS NEIGHBORHOODS THAT ARE VERY INFLUENTIAL, VERY POWERFUL, FULL OF RICH, WELL, CONNECTED FOLKS CAN COME OUT AND TESTIFY AND THEY CAN MOVE COUNCIL AND THEY CAN MOVE THE PLANNING COMMISSION. 
          SO IT REALLY ALL COMES DOWN TO, WOULD YOU MIND LETTING ME FINISH SPEAKING, PLEASE? THANK YOU. 
          IT REALLY ALL COMES DOWN TO INFLUENCE THEN AND POWER, AND THAT'S WHAT DETERMINES WHAT WE APPROVE AND DON'T APPROVE. 
          SO THE QUESTION IS THERE SHOULD BE AN EVEN STANDARD. 
          IT SHOULD BE A FAIR STANDARD AND THAT STANDARD SHOULD BE DEBATED AND DECIDED ON BY COUNCIL. 
          AND IT'S NOT GOING TO COME DOWN TO US, FIGHTING IT OUT OVER EVERY INDIVIDUAL PLANNING DECISION AROUND THIS. 
          SO I I'M SAYING THAT I'M OPPOSED TO THIS MOTION, BECAUSE I THINK THAT WE NEED TO HAVE A MUCH BETTER, MORE THOROUGH CITYWIDE STANDARD AROUND HOW WE'RE GOING TO APPROACH THESE KINDS OF DECISIONS. 
          AND WE CAN'T JUST PICK AND CHOOSE WHEN IT'S CONVENIENT OR NOT CONVENIENT FOR US. 
          THANK YOU. 
          UH, SO, UH, I WAS ALSO A LIFEGUARD, UM, AND I REALLY DON'T HAVE A PROBLEM WITH AN ENHANCED AND MANATEE AT PARKS THAT OFFERS RESPONSIBLE BEER AND WINE SALES. 
          I DON'T HAVE A PROBLEM WITH THAT. 
          I DISTINGUISH WATERLOO AND ANY OTHER PARK FROM A PLACE THAT IS MOSTLY ABOUT A POOL OR THAT IS IN THIS PROXIMITY TO A POOL. 
          UH, IF WE GET ANOTHER CASE THAT'S ABOUT A PARK, I PROBABLY AM NOT GOING TO HAVE ANY PROBLEM WITH IT. 
          IF WE GET INTO THEIR CASE EXHIBIT, THAT'S ATTACHED TO A POOL, I'M GOING TO PROBABLY HAVE A PROBLEM WITH IT. 
          I THINK IN THIS CASE, WE NEED TO REALLY BE CAREFUL AND REALLY THINK ABOUT THE SAFETY CONCERNS WE'VE HEARD FROM STAFF LIFEGUARDS. 
          THAT IS WHY I'M IN FAVOR OF THIS. 
          OKAY. 
          UH, MEMBERS STAY HERE AGAINST COMMISSIONER THOMPSON. 
          I'M WITH COMMISSIONER CONNOLLY 
          [05:35:01]
IN THAT, OR ARE WE GOING TO SAY THAT WE DON'T ALLOW ALCOHOL SALES, UH, POOLS IN HOTELS? BECAUSE THERE ARE A LOT OF HOTELS DOWNTOWN THAT HAVE BIG POOLSIDES AND, AND BARS, YOU KNOW, SWIM UP BARS KIND OF THING. 
          ARE WE GOING TO SAY THAT THAT'S NOT ALLOWED? I MEAN, I THINK THAT WE NEED TO BE CONSISTENT ABOUT WHAT, WHAT THE RULES ARE AND WHAT THE SAFETY IS. 
          AND, AND WE ARE NOT THE COMMISSION TO DECIDE WHAT THE SAFETY IN POOLS IS. 
          OKAY. 
          CONVINCERS SPEAKING IN FAVOR OF CONSORTIA. 
          SO THERE WAS CONVERSATION ABOUT THE COMMUNITY AND CULTURE OF BARTON SPRINGS, AND THAT HAS BEEN GOING ON FOR GENERATIONS THAT WE ALL KNOW. 
          AND SOMEWHERE, SOMEHOW THAT GOT DERAILED. 
          I MEAN, WHAT HAPPENED TO THE PROCESS TO TALK ABOUT, HEY, LET'S TRANSFORM THIS. 
          I MEAN, THIS PLACE WHERE THE KIDS WOULD COME AND HAVE THEIR SNOW CONE OR SOMETHING NOW IT'S NOT GOING TO NOW IT'S GOING TO BE FENCED OFF AND TURNED INTO SOMETHING COMPLETELY DIFFERENT WHERE IT WAS A CONVERSATION TO CHANGE THIS, THIS COMMUNITY AND CULTURE. 
          AND SO I STARTED QUESTIONING IT'S LIKE WHAT HAPPENED TO THE PROCESS? SO EVEN WHETHER WE ARE FOR, OR AGAINST OR WHATEVER, SOMEHOW SOMETHING WASN'T FOLLOWED IN THE RIGHT PROCESS AND PROCEDURE. 
          AND SO THEN WHAT WE HAVE HERE IS WE HAVE A CONDITIONAL USE PERMIT. 
          A CONDITIONAL USE PERMIT GIVES THE OPPORTUNITY TO FIND A WAY TO ALLOW THIS USE, WHICH SOMEHOW SOMEWHERE IT WAS G IT WAS SAID, HEY, LET'S HAVE THIS. 
          IT GIVES THE OPPORTUNITY TO LET IT BE COMPATIBLE WITH WHAT THIS WAS AND WHAT WE HAVE IS THE COMMUNITY AND CULTURE. 
          SO HOW DO YOU MAKE THIS COMPATIBLE? AND THAT OPPORTUNITY WAS THERE WITH THE CONDITIONERS PERMIT. 
          AND IN MY MIND, THE OUTLINE THAT THE CITY HAS PUT FORWARD IS ONLY TO MEET CODE, BUT AS WE SEE HERE, IT'S MORE THAN JUST CODE IT'S PEOPLE, IT'S FAMILY, IT'S COMMUNITY, IT'S SAFETY, IT'S LIFE. 
          I MEAN, I DON'T THINK IT WAS CONVINCING ENOUGH WITH WHAT THEY PRESENTED TO EVEN MAKE IT FIT WITH THIS. 
          AND ALSO, I DON'T THINK IT FOLLOWED THE RIGHT PROCEDURE. 
          SO, UM, IF THIS THING DOESN'T GO FORWARD, YOU KNOW, THEN THE APPLICANT HAS THE OPPORTUNITY TO, TO APPEAL IT AND GO TO COUNCIL, WHICH MIGHT BE A GOOD IDEA. 
          ANYWAY, BECAUSE THERE, I MEAN, THAT'S WHERE THIS ALL STARTED. 
          SO THAT'S WHY I'M SUPPORTING THIS MOTION. 
          AND THE, UH, MR.  OFFICER IS OUR THANK YOU CHAIR. 
          I'LL AGREE WITH WHAT COMMISSIONER SHAY SAYING. 
          I THINK THERE REALLY IS SOMEWHERE, A LITTLE BIT OF A ISSUE WITH BRAS HERE. 
          AND I THINK WE REALLY GONNA HAVE TO IMPROVE THIS PROCESS MOVING FORWARD, PARTICULARLY IF THESE CASES ARE SOMETHING THAT WE'LL BE CONSIDERING FOR OUR VARIOUS DIFFERENT BARKS SPACES THAT WILL BE REQUIRING TO SEE YOU BE HAVING SAID THAT. 
          I ALSO WANT TO SAY, I DON'T THINK AT THIS POINT, I HAVE SUFFICIENT INFORMATION TO BE MAKING THIS DECISION BECAUSE JULIE, THIS IS A COMPLICATED DECISION THAT REQUIRED A LOT MORE SPECIFICITY SPECIFICITIES. 
          AND AT THIS POINT, I'M BECAUSE OF THAT, I'M NOT COMFORTABLE SUPPORTING THIS MOTION WITH THE UNDERSTANDING THAT I THINK THIS SHOULD BE APPEALED AND SHOULD GO TO WHO CAN MAKE THIS DECISION TO UNDERSTAND WHERE WE STAND IN THIS CITY AS A POLICY TO WHETHER WE CAN DO THIS OR NOT. 
          OKAY. 
          SO THAT COMPLETES, UH, WE'RE READY FOR A VOTE. 
          I'M GOING TO TAKE THE LATITUDE, JUST THE CHAIR TO SAY ANYTHING. 
          UM, UH, JUST WANTED TO SAY SEAN, YOU KNOW, I DON'T KNOW WHERE THE PROCESS WENT WRONG. 
          UH, YOU HAVE GREAT RESTAURANTS AND I WAS SO GLAD TO HEAR WHEN YOU WERE AWARDED THIS PROPOSAL, BUT I THINK, UM, THIS IS, UH, THIS IS NOT ABOUT THAT. 
          UH, SO, UM, APOLOGIZE, BUT, UH, I HOPE YOU CONTINUED SUCCESS IN ALL YOUR ENDEAVORS. 
          UM, PART, I THINK YOU MISSED IT. 
          UM, THERE'S A VISION PLAN FOR ZILKER THAT REALLY NEEDS TO BE THE BEGINNING AND THE FRONT OF THIS. 
          WE SHOULDN'T HAVE NEVER GONE DOWN THIS PATH AND WE SHOULDN'T BE HERE TODAY. 
          THE VISION PLAN NEEDS TO GET DONE. 
          WE NEED TO SEE WHAT THE COMMUNITY THINKS ABOUT HAVING ALCOHOL HERE. 
          THIS IS A HUGE CHANGE, AND THEN WE CAN MAKE THESE KINDS OF DECISIONS. 
          SO, YEAH, I JUST THINK WE'VE GOT IT IN THE WRONG ORDER. 
          SO HOPEFULLY WE CAN BACK UP THE TRAIN, GO THROUGH THE VISION PLAN, FIGURE THINGS OUT, AND MAYBE WE, UH, YOU KNOW, WE'LL GO FROM THERE. 
          SO, YOU KNOW, LET'S GO AND TAKE THIS TO A VOTE. 
          THE VOTE IS TO DENY THE REQUEST, UM, AND IT WAS, UH, PUT FORTH BY HELP ME OUT HERE TALLER AND SECONDED BY SCHNEIDER. 
          THANK YOU. 
          I DIDN'T MAKE THAT NOTE. 
          I APOLOGIZE. 
          UH, SO LET'S GO AHEAD AND PUT IT TO A VOTE. 
          THOSE ON THE DIAS, WE HAVE FOUR, UH, THOSE ON THE SCREEN, 1, 2, 3, 4. 
          SO THAT'S EIGHT IN FAVOR. 
          OKAY. 
          THOSE AGAINST 
          [05:40:02]
THE MOTION. 
          ONE, TWO AGAINST ON THE DYESS AND THOSE ON THIS GREEN. 
          OKAY. 
          THOSE, UH, ABSTAINING ONE, TWO. 
          SO WE HAVE 8, 2, 2. 
          DID I COUNT THAT RIGHT? YOU'RE YOU'RE ABSTAINING ALSO. 
          SO IT'S EIGHT TWO TO THREE. 
          SO THAT MOTION PASSES. 
          UM, WE ARE DONE WITH ADAMS B, WE HAVE C2. 
          I REALLY THINK, UM, LOOKING TO POSTPONE C TWO, OR DO YOU GUYS WANT TO TAKE IT OUT? WE ONLY HAVE TWO MINUTES. 
          WE REALLY DON'T HAVE ENOUGH TIME. 
          UM, ANY THOUGHTS THERE? I'LL MAKE A MOTION TO CLOSE BOND. 
          SAY IT AGAIN. 
          SO I MAKE A MOTION TO PUT ON THAT MCT IS MAKING THAT I CAN'T HEAR. 
          OKAY. 
          SO, UH, WE'RE POSTPONING C2 TO THE NEXT MEETING. 
          LET'S GO AHEAD AND VOTE ON THAT. 
          UH, IT'S UNANIMOUS. 
          SO WE'LL TAKE THAT SEAT AT THE NEXT MEETING, UH, WITH THAT. 
          UM, I'M GOING TO JUST BLANKET, UH, LET ME GET MY AGENDA HERE, FOLKS, IF WE'RE TRYING TO KNOCK THIS OUT, I THINK WE CAN DO IT. 
          UH, DO WE HAVE ANYTHING FUTURE AGENDA ITEMS? OKAY. 
          NO DAIRY, NONE, 
          [E. BOARDS, COMMITTEES & WORKING GROUPS UPDATES]
UH, BOARDS AND COMMISSIONS, ANYTHING REALLY IMPORTANT FROM ANYONE TO SAY, AYE, GO AHEAD, COMMISSIONER SHEA. 
          UH, I TRIED TO HAVE A SMALL AIRPLANE JOINT COMMITTEE MEETING, BUT WE DID NOT HAVE A QUORUM, BUT THERE IS A BIG ONE COMING UP WITH, FOR US THAT HAS TO DO WITH THE, UM, STATESMAN. 
          UH, OKAY. 
          SO IF YOU GUYS CAN MAYBE JUST LOOK AT IT, TRY TO IT'S PRETTY COMPLEX. 
          SO JUST LOOK AT IT. 
          CAUSE IT HAS TO DO WITH SEXUAL WATERFRONT CODES AND ORDINANCES. 
          YES. 
          WE HAD A GOOD MEETING LAST WEEK, THIS WEEK. 
          I CAN'T REMEMBER LAST WEEK. 
          UM, AND WE TALKED ABOUT THE AFFORDABILITY UNLOCKED, UM, UH, ORDINANCE THAT THE STAFF IS WORKING THROUGH RIGHT NOW. 
          AND THEY'LL BE PRESENTING SOMETHING TO US BY END OF YEAR. 
          OKAY. 
          ANYTHING ELSE REALLY IMPORTANT THAT WE NEED TO MENTION? UH, THANK THE TRANSPORTATION, UH, TCM WORK GROUP, YOUR HARD WORK. 
          AND WE'RE GOING TO TURN THIS MEETING OF THE PLANNING COMMISSION AT 1159 AND APPRECIATE IT. 
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.