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[00:00:05]

YOU HAVE THE ZONING AND

[Call to Order]

PLANNING COMMISSION FOR THE ORDER? IT IS 6 0 1 ON FEBRUARY 15TH.

AND I'M GOING TO START OFF WITH ATTENDANCE.

SO FIRST, UH, COMMISSIONER ACOSTA, I THINK HE'S GOING TO BE HERE TODAY.

THAT'S ME.

I'M HERE.

COMMISSIONER.

DINKLER PRESENT COMMISSIONER GREENBERG HERE.

COMMISSIONER KING HERE.

UH VICE-CHAIR KOBASA HERE.

COMMISSIONER SMITH HERE.

CAN WE START THOMPSON HERE? COMMISSIONER WOODY AND COMMISSIONER BOON HERE.

OKAY.

SO FIRST WE'RE GOING TO GO OVER THE CONSENT AGENDA

[Consent Agenda]

AND FORGIVE ME.

I'M STILL KIND OF MAKING SURE I HAVE IT ALL ON HERE, BUT FOR B ONE, OH, WAIT, I'M SORRY.

THE FIRST ONE TALKING ABOUT THE, UH, APPROVAL OF THE MINUTES.

ARE THERE ANY RECOMMENDED CHANGES TO THE MINUTES? OKAY.

SO FIRST IS B ONE.

IT'S UP FOR DISCUSSION AND THAT'S A C 14 20 19 0 1 6 6.

AND WE ARE GOING TO PAIR THOSE WITH THAT PAIR BEING ONE AND B2 TOGETHER.

SO B TWO IS C 14 20 16, 0 1 2 4, RCT.

UM, B3 IS A FOR DISCUSSION AS WELL.

SO C 14 20 21 0 1 8 9 4 8 3 3 SPICEWOOD SPRINGS BEFORE IS ON THE CONSENT AGENDA.

UM, IT'S RECOMMENDED C 14 20 22 0 0 2 12 1 5 1.

HUNTER'S CHASE REZONING B FIVE AS REQUESTED OF APPLICANT HAS REQUESTED, REQUESTED A POSTPONEMENT UNTIL MARCH 1ST.

SO THAT C 14 20 21 0 1 5 5 LINDHURST REZONING B6 IS ON THE CONSENT AGENDA WITH SOME PROHIBITED USES AND THOSE PROHIBITED USES AGREED BY THE APPLICANT INCLUDE RECYCLING CENTER, RESOURCE EXTRACTION, AND STOCKYARDS, AND THERE IS ADDITIONAL CONDITION FOR RECOMMENDATION.

UM, OH, I LOST IT.

STAFF RECOMMENDS THAT'S IT FOR THAT ITEM? UH, FOR B 11.

OH, THIS IS THE 11.

OKAY.

SORRY.

THANK YOU.

OKAY, SO THAT'S C 14 20 21 0 1 8 2 BURLESON ROAD 7 8 4 4.

UH, HAS REQUESTED THE APPLICANT HAS REQUESTED A POSTPONEMENT UNTIL MARCH 1ST.

SO LET'S SEE.

14 20 21 0 0 0 3.

SONATO B EIGHT, UH, IS ON THE CONSENT AGENDA FOR APPROVAL C 14 20 21 0 1 8 8.

BENIGN HAS BEEN PULLED FOR DISCUSSION C 14 20 21 0 1 8 FOR B 10 ALSO FOR DISCUSSION C 14 20 21 0 1 5 9 B 11 IS ON THE CONSENT AGENDA AND IS RECOMMENDED.

UM, AND THAT'S S P 20 20 0 2 4 4 C DECILE WATER WASTEWATER TREATMENT PLANT EXPANSION 2.99 MGD.

AND THIS IS THE ADDITIONAL ITEMS FOR RECOMMENDATIONS.

SO STAFF RECOMMENDS THE 25 YEAR EXPIRATION DATE WITH THE CONDITIONS.

THE FIRST CONDITION IS THAT PHASES TWO AND THREE OR ANY FUTURE PHASES ADDED THROUGH CORRECTIONS.

REVISIONS ARE COMPLIANT WITH APPLICABLE CODE CITY CODE REQUIREMENTS AT THE TIME OF EACH REVIEW.

THE SECOND CONDITION IS THAT PHASE TWO WILL BEGIN IN 2030, AND PHASE THREE WILL BEGIN IN 2041.

AWESOME.

SO FOR B 11, UH, B12 IS THE, IS DISAPPROVAL FOR REASONS AS SHOWN IN EXHIBIT E.

OKAY, SO LET'S GO OVER THE CONSENT AGENDA.

SO A ONE THE MINUTES BEFORE FOR POSTPONEMENT UNTIL MARCH 1ST, B SIX WITH THE PROHIBITED USES AS READ B SEVEN WITH POSTPONEMENT TILL MARCH 1ST, B EIGHT, B 11, WITH THE CONDITIONS AS RED AND B12 DISAPPROVAL COMMISSIONER KING HAD A QUESTION.

OH YES.

COMMISSIONER KING.

YES.

THANK YOU.

CHAIR ON BA UH, THERE WAS A CEO TO PROHIBIT SERVICE STATION.

ALSO, AS I UNDERSTAND ON THAT ITEM VA, THAT IS THE CEO.

IS THAT THE CEO THAT'S IN THERE? THAT IS TO SEE HOW THIS PART OF THE CONDITIONER? YES.

YES.

I JUST WANT TO MAKE SURE THAT THAT'S INCLUDED THE CEO TO PROHIBIT SERVICE STATION.

YES.

CHAIR COMMISSIONER LAYS ON ANDREW.

YES.

SO IF WE COULD JUST NOTE THAT FOR B FIVE THAT'S US APPLICANT PRINCIPAL MEANT TO MARCH OH 29TH.

OKAY.

SO B FIVE APPLICANT POSTPONEMENTS TILL MARCH 29TH, AS OPPOSED TO MARCH 1ST AND FOR B H THE CEO WAS FOR PROHIBITION OF THE SERVICE STATION.

[00:05:01]

THANK YOU.

SURE.

YES.

SURE.

SO THE CON, UM, PROHIBITED USES ON B6 WAS RECYCLING CENTER RESOURCE EXTRACTION, AND STOCKYARDS.

SURE.

ANYTHING ELSE? IF THERE'S NOTHING ELSE, I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA.

AS RED COMMISSIONER SMITH MAKES THE MOTION TO PROVE SECOND SECONDED BY VICE SHOW.

CABASA ALL THOSE IN FAVOR OF THE CONSENT AGENDA AND CLOSING THE PUBLIC HEARING THAT LOOKS UNANIMOUS COMMISSIONER DINKLER.

YES.

OKAY.

SO WE'LL MOVE ON TO ITEM

[Items B1 & B2]

V1.

THANK YOU.

GOOD EVENING.

COMMISSIONERS SHARES HER WITNESS WITH THE HOUSING AND PLANNING DEPARTMENT.

THIS IS ITEM B, WHICH IS CASE C 14 20 19 0 1 6 6, WHICH IS PARMER BUSINESS PARK LOCATED AT ONE THREE ZERO ZERO ZERO ONE THREE ONE HUNDRED AND ONE THREE, ONE OH SIX AND A HALF HARRIS RIDGE BOULEVARD.

THERE ARE QUESTS FROM ZONING.

THE STAFF RECOMMENDS A LIGHT PVA LIMITED INDUSTRIAL PLAN DEVELOPMENT AREA.

COMBINING DISTRICT ZONING BESIDE UNDER CONSIDERATION IS A 7.7 TO FOUR ACRE PARCEL THAT IS SURROUNDED BY A WATER QUALITY UPON.

THAT IS PART OF A LARGER APPROXIMATELY 300 ACRE TRACT OF LAND LOCATED AT THE SOUTHWEST CORNER OF EAST HOWARD LANE.

AND HERE'S RICH BOULEVARD AT THE TIME OF THE ORIGINAL ZONING APPLICATION IN 2019, THIS PROPERTY WAS UNDEVELOPED AND SPARSELY VEGETATED.

HOWEVER, SINCE THAT TIME, A PORTION OF THIS SITE HAS BEEN DEVELOPED WITH THE COMMUNITY RECREATION PRIVATE USE.

IN ADDITION TO THESE FACILITIES, A PROJECT CALLED THE PITCH IS, WAS DEVELOPED ON THE PROPERTY THAT HAS A RESTAURANT AND COMMERCIAL USES IN ONCE.

AND TWO-STORY CONTAINER PODS TO PROVIDE SERVICES FOR THE TENANTS AND VISITORS OF THE ADJACENT SOCCER FIELDS.

IN THIS REZONING REQUEST, THE APPLICANT IS ASKING FOR AN AMENDMENT TO THE CONDITIONS, TO THE PLAN DEVELOPMENT AREA, OVERLAY FOR THIS PROPERTY TO REMOVE A CONDITION IN THE ORDINANCE THAT LIMITS RESTAURANT AND COCKTAIL LOUNGE USES ON THE SITE.

IN ADDITION, THE APPLICANT IS REQUESTING TO AMEND THE ORIGINAL PDA ORDINANCE TO ADD COCKTAIL LOUNGE.

HE USES A PERMITTED USE TO THIS PORTION OF THE PVA.

THE STAFF RECOMMENDS THE APPLICANT'S REQUEST TO AMEND THE PLAN DEVELOPMENT AREA OVERLAY.

THE PROPOSED PLAN DEVELOPMENT AREA WILL PERMIT WHAT UP TO ONE 7,000 SQUARE FOOT COCKTAIL LOUNGE USE ON THIS SITE IN THE SEVEN ACRE AREA, UH, THAT WILL ALLOW FOR ACCOMPANYING SERVICES TO THE ADJACENT CIVIC USES THE STAFF IS RECOMMENDING LAPD IS ZONING FOR THIS SITE BECAUSE OF THE COMMERCIAL CHARACTER OF THE AREA, AND BECAUSE THE PROPERTY FRONTS ONTO AND WILL TAKE ACCESS TO TWO MAJOR ARTERIAL ROADWAYS, THE PROPOSED ZONING WILL PERMIT THE APPLICANT TO PROVIDE COMMERCIAL SERVICES IN AN AREA WITH A VARIETY OF COMMERCIAL AND INDUSTRIAL EMPLOYMENT CENTERS ALONG EAST HOWARD LANE.

IN ADDITION, THIS PDA IS LOCATED AT THE SOUTHWEST INTERSECTION OF TWO MAJOR ARTERIAL ROADWAYS, EAST HOWARD LANE AND HARRIS RIDGE BOULEVARD, AND IS NEAR A DESIGNATED NEIGHBORHOOD CENTER THAT DESKTOP PARMER NEIGHBORHOOD CENTER TO THE EAST, THE PROPERTY IS BETWEEN TWO ACTIVITY CORRIDORS AS IDENTIFIED IN THE IMAGINE AUSTIN COMPETENCY PLAN.

AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THIS CASE, MR. WAYNE, DID YOU ALSO HAVE A PRESENTATION FOR CAUSE I'D LIKE TO TALK ABOUT BOTH OF THEM AT THE SAME TIME.

YES.

IF YOU WOULD LIKE TO DO THAT, I WILL CONTINUE WITH ITEM D TWO.

PLEASE DO.

OKAY.

THIS IS KC 14, 20 16, 0 1 2 4, WHICH WAS RCT HARMER BUSINESS PART.

THIS IS NOW PERMANENT BUSINESS PARK RCA.

THE APPLICATION HAS CHANGED.

THE ADDRESS IS THE SAME.

IT'S 1 3 0 0 0 1 3 1 0 6 AND A HALF.

AND 1, 3, 400 HERE'S RICH BOULEVARD.

THE REQUEST IS FOR THE TERMINATION OR AMENDMENT OF THE PUBLIC OR HAVING THAT CONDITIONS FOR THIS PROPERTY.

THE APPLICANT IS REQUESTING TO AMEND THE PUBLIC RESTRICTIVE COVENANT ASSOCIATED WITH THE ZONING CASE C 14 20 16, 1 24, THAT STATES FOR A COCKTAIL LOUNGE RESTAURANT OR A RESTAURANT LIMITED USE ON THE PROPERTY THAT USE OF OUTDOOR SOUND AMPLIFICATION EQUIPMENT IS PROHIBITED.

SO THEY'RE ASKING FOR THIS, THEY HAVE AMENDED THEIR APPLICATION FOR ONLY A 7.7 TO FOUR ACRE AREA, WHICH IS THE SAME AREA AS THE ZONING REQUESTS THAT WE ARE HEARING TONIGHT.

THE STAFF RECOMMENDS THE APPLICANT'S REQUEST TO DELETE THE CONDITIONS OF THIS PUBLIC RESTRICTIVE COVENANT FOR THIS PORTION OF THE PROPERTY, UM, THROUGH AN ASSESSMENT.

UH, AND THEN, LIKE I SAID, WE ALSO HAVE THE ASSOCIATED ZONING CASE

[00:10:01]

TO DEVELOP ACCOMPANYING SERVICE FACILITIES FOR THE ADJACENT CIVIC USE, WHICH ARE THE SOCCER FIELDS.

AND SO, AGAIN, I'M HERE, IF YOU HAVE ANY QUESTIONS AND I BELIEVE WE ONLY HAVE ONE SPEAKER SIGNED UP OR THE APPLICANT SURE.

COMMISSIONER WEIGHS ON.

I WROTE THAT IS CORRECT.

I WILL NOT HEAR FROM THE APPLICANT FOR SIX MINUTES.

MY NAME IS RICHARD SUTTLE.

I DON'T REMEMBER YOUR RULES MASK ON OR MASK OFF WHILE I'M TALKING.

IT'S OKAY TO TAKE IT OFF.

I CAN'T EVEN HEAR MYSELF WITH THE MASK ON I'M HERE ON BEHALF OF THE APPLICANT DENIED THIS.

THIS CASE IS ONE THAT WAS ZONED MANY, MANY YEARS AGO IS BASICALLY A CORPORATE CAMPUS.

I THINK WE'VE GOT A PRESENTATION, BUT I DON'T SEE A BUTTON UP HERE.

NEXT SLIDE, PLEASE.

I'LL JUST RUN THROUGH THESE REALLY QUICK.

THAT GIVES YOU AN OVERVIEW.

THE, UH, THE PART THAT WE'RE TALKING ABOUT IS JUST ABOUT IN THE CENTER TO THE RIGHT AND LOWER, YOU'LL SEE THE POND THERE, BUT YOU CAN SEE, THIS IS A TRACK THAT IS SURROUNDED BY A LOT OF COMMERCIAL.

NEXT SLIDE, PLEASE.

THIS, THIS HONES IN ON IT NOW, AND YOU CAN SEE AROUND THE WATER QUALITY POND, YOU'VE GOT THE AUSTIN FC PRACTICE FACILITIES.

AND, UH, NOW WHAT WE'VE BUILT THERE IS, IS KIND OF A LOCAL COMMUNITY CENTER WITH TRAILS AROUND THE POND AND, UH, BASICALLY, UH, UH, RESTAURANT CONGLOMERATION WITH, UH, CONTAINERS.

AND IT'S VERY NICE AMENITY.

NEXT SLIDE, PLEASE.

THIS KIND OF SHOWS YOU, UM, IN PROXIMITY, YOU CAN SEE THE NEIGHBORHOOD OFF TO THE TOP, RIGHT? THE PRACTICE FIELDS, UH, AND THE FACILITY THAT WE'RE TALKING ABOUT HERE TONIGHT, IT'S IMPORTANT TO NOTE THAT WHEN THIS WAS ORIGINALLY ZONED LAI PDA, OR THERE WERE ELABORATE SETBACKS AND BERMS REQUIRED ALONG THE ARTERIALS TO PROTECT THE NEIGHBORHOOD FROM THE CORPORATE CAMPUS THAT WAS GOING THERE ORIGINALLY.

NEXT SLIDE, PLEASE.

THIS IS JUST ANOTHER PERSPECTIVE.

IT SHOWS THE SAND AREA THERE TO PLAY VOLLEYBALL AND THE LITTLE BUILDINGS THAT YOU SEE ARE ALL THE LITTLE CONTAINER AREAS THAT SERVE FOOD, THE SOUND, UM, PERMIT, OR THE SOUND THAT WE'RE ASKING LIFT, AND IS BASICALLY IN THE CENTER OF THAT.

THERE ARE LITTLE, UM, SPEAKERS FOR MUSIC OR THAT MUSIC THAT DATES ME MUSIC.

AND THEN, UH, ALSO WITHIN THAT AREA, YOU COULD HAVE, UM, A SMALL GUITAR PLAYER, WHATEVER, BUT IT'S, IT'S A GOOD WAY FROM THE NEIGHBORHOOD.

WE'VE DONE SOUND STUDIES.

I DON'T KNOW IF SOME, YOU YOU'VE SEEN IT, BUT YOU CAN'T HEAR THE SOUND AT THE ROAD FROM THIS FACILITY.

NEXT SLIDE PLEASE.

AND THAT'S JUST ANOTHER, UM, BIGGER ONE.

SO WHAT WE'RE ASKING FOR TONIGHT ORIGINALLY, WE'VE GOT 63 ACRES RIGHT NOW THAT'S LIMITED TO ONE RESTAURANT OR ONE COCKTAIL LOUNGE AT 6,000 SQUARE FEET.

WHAT WE'RE DOING IS WE'RE SYNCHING THIS DOWN BECAUSE NOW WE KNOW THE AREA THAT WE WANT THE FACILITY TO BE IN.

SO WE'VE CINCHED IT DOWN TO 7.76.

WE'RE STILL LIMITING IT TO ONE COCKTAIL LOUNGE, NOT TO EXCEED 7,000 FEET.

WE WENT UP A THOUSAND FEET BECAUSE THAT WAS THE MAGIC NUMBER AND THEN BE ABLE TO HAVE MORE RESTAURANTS RATHER THAN ONE.

RIGHT NOW IT'S OPERATING AS ONE RESTAURANT, JUST SPREAD OUT BETWEEN ALL THE CONTAINER STORES, BUT THIS WAS GIVE US THE FLEXIBILITY.

AND THEN THE ABILITY TO HAVE THE AMPLIFIED SOUND JUST ON THIS SEVEN ACRES IN THE CENTER HERE SO THAT WE CAN IT'S, IT'S A WEIRD THING.

IF YOU HAVE OUTDOOR SPEAKERS, YOU'RE SUPPOSED TO HAVE A PERMIT AND IT REQUIRES THE OKAY TO DO AMPLIFIED SOUND.

WE'D LIKE TO BE LEGAL.

SO WE'RE, WE'RE ASKING FOR THAT AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

OKAY.

THANK YOU.

GO AHEAD.

JUST A QUESTION.

AH, HOW FAR ARE YOU? LET'S HEAR THE REST OF THE CASE.

OH, ISN'T IT A SPEAKER? IT'S JUST, UH, MR. SUTTLE.

WELL, DID YOU WANT TO SPEAK TO THE SECOND B2 AS WELL? OR IS THAT ? I THINK YOU'VE GOT SOME NEIGHBORS HERE.

WE DO HAVE ONE SPEAKER IF THEY SPEAK AND THEN I CAN REBOOT IT IF NEED BE, AND THEN MAYBE ANSWER QUESTIONS THERE.

THANK YOU.

I DON'T HAVE THE UPDATED LIST.

YEAH.

OKAY.

SO IS IT, UM, MR AND MRS. SIDLER, YOU HAVE, UH, THREE, SIX MINUTES TO RESPOND.

MY NAME IS RALEIGH.

I'M REPRESENTING MYSELF TONIGHT.

AND, UM, I'VE BEEN IN THIS NEIGHBORHOOD ABOUT 22 YEARS.

AND THE AREA IN QUESTION IS, UM, ON

[00:15:01]

BENNINGTON LANE, WHICH RUNS PARALLEL TO THE, UH, THE PITCH.

AND SO I HAVE A CONCERN, UH, THE CITY, UH, SEND US OUT A NOTICE THAT SAID ORIGINALLY THEY SENT OUT US A NOTICE THAT SAID, IF LIVE WITH A 500 FEET, YOU NEED TO RESPOND.

WE DIDN'T RESPOND TO THAT BECAUSE THAT, THAT, UH, QUESTION WAS, UH, WITH RESPECT TO THE, JUST PUTTING IN THE SOCCER FIELD.

AND WE THOUGHT THAT WAS A GREAT IDEA.

GOOD FOR THE NEIGHBORHOOD.

WHAT CAME AFTER THAT IS THE PITCH, WHICH WE ARE NOW FINDING OUT THAT THAT IS GOING TO BE RESTAURANTS, HARD, LIQUOR, OUTDOOR AMPLIFIED MUSIC.

UH, THAT WAS A SURPRISE, UM, ON JANUARY 27TH AND FEBRUARY 20TH, 20 11TH, UM, WE HAD SOME SOUND TESTS.

UH, THEY BROUGHT OUT, UH, THERE, THEY RAN THE SPEAKERS, UM, UH, EXTERNAL SPEAKERS AND THEY ALSO, THEY ALSO RAN, UH, MY CELL PHONE HERE.

I'M SORRY.

UH, THEY RAN SOME SOUND TESTS AND THIS, UH, WE VERY APPRECIATED, UH, UH, THE OWNERS COMING OUT IN THEIR AGENCY, RUNNING THESE SOUND TESTS.

THEY ALL, THEY ALL, UH, WERE ACHIEVED A SATISFACTORY LEVEL.

UM, THERE ARE SOME CONCERNS THOUGH.

UH, AND I'M GOING TO READ THOSE, READ THOSE OFF HERE.

UM, GIVEN THAT I FEEL THE FOLLOWING POSSIBLE SCENARIO SHOULD BE CONSIDERED.

NUMBER ONE, THE EXISTING AMPLIFICATION COULD BE ADDED TO IF THE PRESENT RESTRICTION IS ELIMINATED.

ALSO, NUMBER TWO, DEPENDING ON ATMOSPHERIC CONDITIONS, SOUND CAN TRAVEL SEVERAL MILES, ONE ESTIMATE BY OUR BOARD MEMBER FOR HOA.

SO THIS COULD BE UP TO SIX MILES.

UH, NUMBER THREE, IF THE SOUND DOES TRAVEL INTO THE NEIGHBORHOOD, IT CAN BOUNCE OFF THE HOUSE.

AND I HAVE EXPERIENCED THIS WHEN THEY WERE DOING CONSTRUCTION OVER THERE, THEY HAD NOISY CONSTRUCTION EQUIPMENT.

YOU COULD HEAR THE SOUND COMING BACK AT YOU FROM THE OPPOSITE DIRECTION.

A NUMBER BEFORE SOUND CAN TRAVEL FURTHER OVER WATER AND THE, UH, PUTTING IN PUTTING, PUT, THEY PUT IN A NEW PARMER, WHAT THEY CALL A PARMER POND ADJACENT TO THIS, WHERE SOUND CAN TRAVEL OVER THAT INTO THE NEIGHBORHOOD.

NUMBER FIVE LIVE MUSIC WITH POWERFUL AMPLIFIERS CAN OVERPOWER THE EXISTING AMPLIFICATION.

AND AS A RETIRED MUSICIAN, I'VE HAD A LOT OF EXPERIENCE WITH THAT.

AND I HAVE A 30% HEARING LOSS TO, UH, UH, VERIFY THAT, UH, THERE WAS A STAGE FOR LIVE MUSIC WITH A GLASS BACK AND WHISK COMPEL THE SOUND FORWARD.

AND THIS WAS NOT TESTED FOR THE SOUND LEVELS.

UH, I WAS ON AWARE THAT THERE WAS A LIQUOR LICENSE INVOLVED, NUMBER EIGHT.

I UNDERSTAND THAT SUBS WITH A SIMILAR VENUE AS HAS SIGNIFICANT PROBLEMS WITH NEIGHBORS.

SO THUS WE ARE ADDING, UM, UH, SOUND TO THAT.

THERE WAS A CONCERN THAT INCREASED TRAVELING AND PARKING WILL SPILL INTO THE RESIDENTIAL AREA WITH THE POSSIBILITY OF THE NEED FOR UNFRIENDLY, NO PARKING SIGNS.

THE PITCH IS EASILY ACCEPTABLE FROM NEARBY HOMES.

NUMBER 10, I UNDERSTAND THAT YOU AMPLIFICATION EQUIPMENT AND THE TVS HAVE ALREADY BEEN INSTALLED.

THIS IS A TYPICAL APPLICATION OF THE AVOID PERMISSION UPFRONT AND ASK FOR FORGIVENESS LATER.

UM, THE REACTION TO SOME OF THE NEIGHBORS IS THEY DON'T CARE OR BIG MONEY CAN DO WHATEVER THEY PLEASE, THIS IS OBVIOUSLY A MONEYMAKER FOR AUSTIN.

OUR CASE RECOMMEND CASE REC OUR CASEWORKER SHERRY, UH, RECOMMENDS YOU SOUND AMPLIFICATION RESTRICTION LIFTING.

I WANTED TO GO ON RECORD AS HAVING VOICE MY CONCERNS OVER THE NEIGHBORHOOD SAFETY SPORTS LIQUOR IN THE ATTRACTION OF OUTDOOR MUSIC AND THE SURROUNDING BUSY STREETS, UH, PARMER HARRIS RIDGE BOULEVARD, AND EAST HOWARD LANE.

WE'LL CREATE A SIXTH STREET ATMOSPHERE WITH SPORTS, ADD IT TO THE MIX.

AND I THINK THIS IS A BAD COMBINATION FOR A FAMILY AREA AND ARREST TO AUSTIN SAFETY RECORD.

THAT'S ALL.

THANK YOU.

IS THERE ANY QUESTIONS? THANK YOU.

OKAY.

YOU TESTIMONY.

OKAY.

ARE THERE ANY OTHER SPEAKERS CHAIR, COMMISSIONER, PLEASE LET ME KNOW HOW WE HEAR FROM THE APPLICANT

[00:20:01]

FOR A THREE MINUTE REBUTTAL.

OKAY.

THANK YOU.

CHAIR MEMBERS OF THE COMMISSION.

UM, JUST, I WANT TO TAKE THE OPPORTUNITY TO THANK THE NEIGHBORHOOD WE'VE MET WITH THEM.

I THINK ALMOST SEVEN TIMES OUT ON THE SITE SINCE 2019, TO TALK THROUGH THESE ISSUES.

AND, UM, WE'VE HEARD AS RALEIGH TOLD YOU, MIX MIXED RESULTS.

A LOT OF PEOPLE REALLY LIKE IT.

IF YOU REMEMBER ON THE SLIDES I SHOWED YOU THERE'S TRAILS AND, AND THE ACTUAL FACILITY IS MORE THAN 600 FEET AWAY FROM THE ROAD IN THE NEIGHBORHOOD THERE.

UM, WE'VE GOT THE BERMS AND THE SETBACKS AND THE PROTECTIONS, THE CITY'S OWN SOUND ENGINEER, DAVID MURRAY WENT OUT THERE AND ROUND SAM RAN SOUND CHECKS WITH THE SOUND, TURNED UP ALL THE WAY AND WITH, UH, UH, GUITAR PLAYER AND DRUM AND YOU AND YOU, THE SOUND IS NOT DISCERNIBLE THERE AT THE, UH, UH, AT THE CURB RALEIGH MENTIONED STUBS.

I WAS INVOLVED WITH STUBS AS WELL.

STUBS HAD A UNIQUE SITUATION.

IT HAD ACTUALLY A STAGE.

WE DON'T HAVE A STAGE AT THIS PLACE.

WE HAD A STAGE ON THE CREEK AND THE, AND THE SOUND WOULD FOLLOW THE CREEK UP, UP TO THE VARIOUS NEIGHBORHOODS UP TO THE NORTH.

AND IT WAS AN ISSUE, BUT IT WAS EASY.

IT WAS EASILY MITIGATED FOR ONCE WE FIGURED OUT THE ISSUE.

AND AS FAR AS PUTTING THE SPEAKERS AND THE TVS UP BEFORE THE PERMIT, UM, THE APPLICANT'S UNDERSTANDING WAS THEY NEEDED A SOUND APP, A SOUND PERMIT FOR LIVE MUSIC, NOT FOR JUST LITTLE SPEAKERS AROUND THE EDGE, BUT IN TALKING TO THE CITY, TECHNICALLY SPEAKING, WE NEED TO LIFT THE SOUND RESTRICTION TO HAVE THOSE LITTLE SPEAKERS AND THE TVS, BECAUSE TECHNICALLY THEY ARE AN AMPLIFIED SOUND WITH THAT.

I'LL CLOSE AND BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

OKAY.

THANK YOU.

ANY QUESTIONS? UH, I'M SURE.

DINGLER, JUST, JUST A QUICK ONE.

HOW FAR AWAY DO YOU THINK THE RESIDENTS ARE? JUST A GOOD 600 FEET.

OKAY.

AND DOES THAT, UH, SIR DOES THAT FIVE, 500 FEET.

OKAY.

GOTCHA.

THANK YOU.

ANY OTHER QUESTIONS OUT THERE YOU WISH TO CLOSE THE PUBLIC HEARING? YES, I DO.

WELL, IS THERE A MOTION TO CLOSE THE POLL FROM COMMISSIONER DINKLER EMOTIONAL CLOSE PUBLIC HEARING, SECONDED BY COMMISSIONER SMITH, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.

PLEASE RAISE YOUR HANDS.

COMMISSIONER WOODY.

HEY, THAT LOOKS UNANIMOUS.

THANK YOU.

ANY QUESTIONS FROM THE GROUP? ANYBODY WANT TO VENTURE A MOTION? MR. GREENBERG? I GUESS SO IT'S A QUESTION FOR, UM, MR. SATO.

SO, UM, ONE THING THAT WAS POINTED OUT IS THAT THE APPLICANT AMPLIFICATION THAT'S ON THE GROUND NOW ISN'T NECESSARILY GOING TO BE THE SAME LEVEL OF AMPLIFICATION LATER.

CAN YOU RESPOND TO THAT? UM, WELL, TWO, TWO THINGS.

I DON'T KNOW ANYTHING ABOUT THE LATER SOUND AMPLIFICATION.

I DO KNOW THAT WE'RE GOING TO NEED AN AMP SOUND PERMIT, WHICH WILL CONTAIN LIMITATIONS SO THAT IF SOMEBODY SWITCHED IT OUT, THEY'D HAVE TO RENEW THEIR SOUND PERMIT AND GO THROUGH, GO THROUGH THAT AS WELL.

THANK YOU.

SIMILAR QUESTION, JUST KIND OF BUILDING ON THAT.

SO THE SOUND AMPLIFICATION AS BEING REQUESTED IS WHAT WAS IN THE TEST THAT WAS RUN.

YES.

OKAY.

ALL RIGHT.

OH, THANK YOU.

THANK YOU, CHAIR.

UM, YOU KNOW, I APPRECIATE, UH, D YOU KNOW, THE, THIS REQUEST HERE AND, UH, THE OPPORTUNITIES HERE FOR, YOU KNOW, UH, THIS AREA, BUT I DO HAVE SOME CONCERNS, UH, YOU KNOW, UH, LIVING, UH, I LIVE IN THE ZILKER NEIGHBORHOOD, SO I LIVE RIGHT NEXT TO ZILKER PARK HERE AND ACL FEST.

SO WE'VE GOT A LOT MORE EXPERIENCE WITH SOUND ISSUES.

THEN I THINK, UH, YOU KNOW, WE, THAT WE REALLY WANTED TO HAVE TO DEAL WITH, BUT, UH, SO, BUT I DO APPRECIATE THAT, THAT THE SOUND TESTING THAT WAS DONE, ALTHOUGH, AND BECAUSE WE'RE SO CLOSE, THEN WE'VE GOT A LOT OF EXPERIENCE IN GOING THROUGH THE, THE SOUND MITIGATION EFFORTS THERE, UH, WITH, WITH THE ACL FAST, PARTICULARLY IN OTHER LIVE EVENTS THERE IN ZILKER PARK.

AND, UH, SO, UH, YOU KNOW, AND I'M MORE THAN 500 FEET AWAY, YOU KNOW, FROM, FROM ZILKER PARK, BUT, UH, IT'S, YOU KNOW, IT, THE NOISE IS AN ISSUE STILL, EVEN WITH THE SOUND PLAN THAT THEY HAVE AND THE MITIGATION THAT THEY HAVE IN, PARTICULARLY WHEN THE WIND BLOWS.

AND THAT'S THE POINT I WANT TO MAKE THIS SOUND TESTING.

THEY DID THERE.

WASN'T JUST ON ONE DAY FOR A COUPLE OF HOURS,

[00:25:01]

IT WAS DIFFERENT TIMEFRAMES, DIFFERENT WEATHER CONDITIONS.

WHEN THE WIND BLOWS FROM THE NORTH TO THE SOUTH, EVEN WHEN THEY DOING THEIR MITIGATION, THE SOUND IS MUCH LOUDER HERE IN THE NEIGHBORHOOD.

WHEN THE WIND BLOWS FROM THE SOUTH TO THE NORTH, IT'S MUCH LOWER.

WOULD THAT SOUND MITIGATION, THAT PLAN THAT THEY HAVE? SO I I'M, I'M NOT SURE I CAN RELY ON THESE TEST RESULTS AS TO BEING, YOU KNOW, REALLY, UH, YOU KNOW, COVERING KIND OF A WIDE RANGE OF SITUATIONS THERE.

UH, I HAVE SOME UNCERTAINTY ABOUT THAT AND SOME CONCERN ABOUT THAT.

SO, UH, UH, AND, AND SO I WONDER IF THAT YOU COULD ADDRESS THAT AT THE END AND THE, ABOUT THE AGENT OF CHANGE POLICY THAT'S, UH, THE AGENT OF CHANGE POLICY HAS COME ABOUT BECAUSE OF THESE KINDS OF ISSUES, THE CONFLICT BETWEEN RESIDENTIAL AND COMMERCIAL USES THE NOISE FROM, UH, LIVE EVENTS, THINGS LIKE THAT.

SO, UH, CAN, CAN, DO WE HAVE ANYBODY FROM THE CITY OF MUSIC DEPARTMENT OR STAFF THAT CAN, IT CAN RESPOND TO THOSE THINGS, HOW THE AGENT OF CHANGE POLICY WOULD APPLY HERE AND ABOUT HOW SCENT SOUND PLAN WOULD BE REQUIRED AND HOW THAT WOULD WORK FOR THIS AREA? BECAUSE I APPRECIATE THE CONCERNS THAT THE NEIGHBORHOOD NEIGHBORS HAVE ABOUT WHAT'S BEING PROPOSED HERE.

NO COMMISSIONER SMITH, THAT'S A SEPARATE PROCESS THAT WAS COMMISSIONER KING NOW SMITH, BUT THAT'S OKAY.

NO WORRIES.

WE'RE EASILY CONFUSED AND I'M HAPPY TO CHANNEL COMMISSIONER SMITH AS WELL.

SO NO PROBLEM, ALTHOUGH HE MAY NOT BE FOR ME TO DO THAT, BUT, UH, BUT NO WORRIES, SHERRY AND I, CAUSE THOSE ARE IMPORTANT THINGS.

AND I APPRECIATE AND RESPECT THE AGENT OF CHANGE POLICY, WHICH MEANS THAT IF THE RESIDENTIAL USES WERE THERE FIRST AND THEN SOUND IMPACTS ARE COMING IN, THEN IT'S THE FOLKS CREATING THE SOUND IMPACTS THAT HAVE TO MITIGATE IT, HAS IT'S THEIR RESPONSIBILITY TO DO THAT, NOT THE RESIDENTIAL PROPERTIES, YOU KNOW, OR THE, AND SO, AND VICE VERSA IF THE COMMERCIAL WAS THERE FIRST, AND THEN RESIDENTIAL IS BEING PLANNED TO BE ADDED LATER AFTER THAT COMMERCIAL WAS THERE, THAT'S, YOU KNOW, THAT'S A KIND OF A MATURE POLICY.

I'M GLAD THE CITY HAS, AND THAT'S VERY IMPORTANT.

AND I THINK THAT WE NEED TO UNDERSTAND HOW THAT APPLIES TO THIS CASE HERE.

I'M NOT TOO FAMILIAR WITH THE AGENT OF CHANGE, BUT I DO HAVE ANOTHER, UH, QUESTION.

UM, YOU KNOW, I'M Y'ALL KNOW I GREW UP IN COPPERFIELD, SO THIS WOULD BE AN EXCITING THING TO HAVE IN MY NEIGHBORHOOD.

UM, GROWING UP, I PROBABLY WOULD HAVE VISITED.

UM, BUT I GUESS FOR THE RESIDENTS THAT LIVED NEARBY, I'M CURIOUS ABOUT HOURS OF OPERATION.

YOU KNOW, I, I IMAGINED THAT IT WOULD BE A REASONABLE, IT WOULD BE CLOSED AT A REASONABLE TIME.

I KNOW THAT IT MIGHT BE HARD SEVEN DAYS A WEEK, BUT, UM, YOU KNOW, JUST EXPERIENCING, YOU KNOW, WE'VE HAD SOME EVENT CENTERS IN MY OWN NEIGHBORHOOD AND THE DIFFICULTY OF LIVING NEXT TO SOMETHING THAT'S CONSTANTLY, YOU KNOW, VIBE, YOU KNOW, A VIBRANT AREA THAT HAS, UH, AMPLIFIED SOUND ALL THE TIME.

UM, I THINK IT'S IMPORTANT TO CLOSE, OPEN AND CLOSE AT A REASONABLE HOUR.

SO I'M CURIOUS ABOUT HOURS OF OPERATION AND WHEN THE SOUND WOULD BE, UM, AMPLIFIED HOURS OF SOUND SHERRY, DO YOU KNOW THE ANSWER TO THAT? I WOULD HAVE TO LET THE APPLICANT ADDRESS WHAT THEIR HOURS WOULD BE.

YOU'RE GETTING YOUR STEPS IN TODAY.

MR. SUTTLE.

WELL, THAT'LL BE A FIRST, UM, THE, UH, ACTUALLY THE, BECAUSE WE'RE IN PROXIMITY OF THE NEIGHBORHOOD, THERE'S A RULE UNDER THE PERMIT THAT 10 O'CLOCK IS THE LATEST ON THE WEEKENDS AND NOT BELIEVE IT'S NINE O'CLOCK ON THE WEEKDAYS.

OKAY.

AND WE'RE WILL ABIDE BY THAT.

AND COMMISSIONER KING JUST KNOW THAT, UM, THAT WE KNOW WE ARE THE AGENT OF CHANGE AND IF THERE'S MITIGATION NEEDED, IT WILL BE ON US.

THANK YOU.

UH, MR. , I APPRECIATE THAT.

AND YOU KNOW, I, I'M NOT, I'M NOT SAYING I'M OBJECTING TO HAVING, YOU KNOW, THESE USES AND THE THINGS, SOME OF THE THINGS THAT YOU'RE REQUESTING ARE JUST HAVE SOME CONCERNS.

AND I WANT TO MAKE SURE, YOU KNOW, I THINK THERE IS A WAY FOR THESE KINDS OF, TO FIT TOGETHER, BUT IN TERMS OF THE HOURS OF USE HERE, WHEN IT COMES TO A COCKTAIL LOUNGE, UH, MY UNDERSTANDING IS THAT THEY CAN STAY OPEN TILL 2:00 AM AND THAT THEY CAN HAVE AMPLIFIED SOUND.

SO I WONDER IF YOU COULD ADDRESS THAT AND WHILE YOU'RE DOING THAT WHILE YOU'RE ADDRESSING THAT, IT, IT, MY UNDERSTANDING TOO, THAT THIS IS, UH, THIS IS THE FCC, UH, YOUTH, UH, UH, YOU KNOW, WHAT IS IT, THE FC, UH, SOCCER YOUTH, UH, FACILITY HERE.

THAT'S, THAT'S RIGHT TO THIS.

THAT'S ALSO GOING TO BE, YOU'RE GOING TO HAVE KIDS AROUND HERE, YOUNG KIDS AROUND HERE, WALLET WITH NICK, YOU KNOW, NEXT TO A COCKTAIL LOUNGE.

I JUST WONDER, UNDERSTAND HOW THOSE, THOSE KINDS OF USES KIND OF PUT TOGETHER.

UM, MR. KING IT'S, IT'S THE PRACTICE FIELD FOR THE ADULT AUSTIN FC FACILITY.

IT'S, IT'S ACTUALLY THE PRACTICE FACILITY

[00:30:01]

FOR THE PROFESSIONAL TEAM.

THERE ARE TIMES WHEN THERE ARE, UH, KIDS LEAGUES, I THINK, PLAY THERE OR PRACTICE THERE.

UM, THERE'S CURRENTLY ALLOWED ON THE SIDE NOW, A COCKTAIL LOUNGE.

IT, WE'RE NOT, WE'RE NOT CHANGING THE USE WHERE WE'RE ALLOWING ONLY ONE AND AT A 7,000 FOOT CAP, UM, AS FAR AS A LOUNGE, STAYING OPEN, YOU WOULD HAVE TO GET A LATE HOURS PERMIT.

IF YOU, IF YOU HAD A COCKTAIL LOUNGE, YOU REMEMBER THE COCKTAIL LOUNGE IS TRIGGERED.

IF MORE THAN 51% OF YOUR REVENUE BECOMES ALCOHOL.

SO IF YOU HAVE ONE, A CONTAINER OR SOMETHING THAT ALL OF A SUDDEN IS SELLING MORE BEER THAN BURGERS, THAT'S, THAT'S WHAT HAPPENS.

AND THAT'S WHAT TRIGGERS THE COCKTAIL LOUNGE USE.

AS FAR AS THE AMPLIFIED SOUND, WE'RE TALKING ABOUT AMPLIFIED SOUND OUTSIDE THE BUILDINGS, UM, INSIDE THE BUILDINGS, YOU STILL HAVE AN ESKIMO LIMIT.

YOU CAN'T VIOLATE IT, BUT, BUT THAT, THAT DOESN'T SEEM TO BE THE ISSUE, BUT WE DON'T HAVE THE BUILDINGS OUT THERE FOR THAT.

THIS IS SOLELY TO HAVE THE TELEVISIONS AND THE SMALL SPEAKERS IN THE OCCASIONAL GUITAR PLAYER.

UH, LIKE WE TESTED WITH THE SOUND ENGINEER.

THANK YOU, MR. SILO.

I APPRECIATE THAT.

AND I UNDERSTAND TOO.

I JUST WANT TO CLARIFY MY UNDERSTANDING IS THAT THIS, UH, IS, IS LET'S SEE HERE, THIS, THAT THE, UH, IT'S THE AUSTIN FC YOUTH ACADEMY IS, IS NEARBY.

MAYBE I MISSPOKE.

IS IT, CAN YOU, CAN YOU, IS THAT, AM I UNDERSTANDING THAT CORRECTLY, THE YOUTH ACADEMY? IS IT LIKE RIGHT NEXT DOOR? HOW CLOSE IS IT? YES, THEY HAVE PRACTICE FIELDS THERE AS WELL AS THE ADULT PRACTICE FACILITY.

OKAY.

AND THAT'S ALL I'M GOING TO ASK, YOU KNOW, I'M GOING TO ONE UNDER WANTING TO UNDERSTAND AS WELL, THOSE KIDS ARE THERE PLAYING THERE AT THE ACADEMY THERE.

HOW DOES THAT, HOW DOES THAT KIND OF WORK WITH A COCKTAIL LOUNGE OPERATING? UH, I GUESS IT MEANS MOM AND DAD COULD HAVE A BEER WHILE THE KIDS ARE PLAYING SOCCER.

WELL, I, YOU KNOW, AND YOU KNOW WHERE I'M HEADED HERE, I JUST AM CONCERNED ABOUT KIDS.

YOU KNOW, THESE, THESE KINDS OF USES BEING SO CLOSE TOGETHER AND THE RISK ASSOCIATED WITH THAT.

UM, WE, WE MAINTAIN THAT THERE'S GOING TO BE CLOSE ENOUGH CONTROLS, AND THIS IS NOT LIKE A BAR.

IT'S NOT LIKE A SIXTH STREET SITUATION.

THIS IS JUST AN AREA WHERE YOU HAVE A MIX OF POTENTIAL USES.

YOU CAN GET FOOD, YOU COULD GET DRANK, YOU COULD GET, UH, PLAY VOLLEYBALL.

YOU COULD WATCH SPORTS ON TV.

IT'S JUST KINDA, IT'S, IT'S, IT'S BASICALLY A FAMILY ATTRACTION.

AND WHEN YOU GO OUT THERE, IT'S HARD TO KNOW UNTIL YOU ACTUALLY GO OUT THERE, BUT FAMILIES ARE ACTUALLY USING IT HANGING OUT IT'S AND THE USER HAS ALREADY PERMITTED THAT COCKTAIL IS ALREADY PERMITTED.

IT'S JUST THE AMPLIFIED SOUND THAT WE'RE TALKING ABOUT.

YES.

SO I, I UNDERSTAND, I JUST WANTED TO UNDERSTAND HOW THE YOUTH ACADEMY BEING THAT BEING RIGHT NEXT DOOR TO THIS ROOM.

THAT'S IT? THAT'S THE EXISTING USE THOUGH.

SO LET'S LET'S I SAW COMMISSIONER MO WHAT HE HAD HIS HAND UP.

SO I JUST, SORRY, I JUST WANT TO KEEP MOVING ON.

GO AHEAD.

YEAH, I HAD A QUESTION.

YOU SAID, UM, THERE WERE SMALL SPEAKERS, BUT YOU NEED TO FIND WHAT KIND OF SPEAKERS THOSE ARE, BECAUSE THAT COULD BE KIND OF ANYTHING.

UM, I ASKED THAT BECAUSE, UH, IN MY NEIGHBORHOOD, UH, WE HAD AN EVENT CENTER JUST KIND OF CAME UP.

UH, IT STARTED AS, LIKE THERE WAS A CLUB, THE CLOUD GOT SHUT, YOU KNOW, SHUT DOWN FOR WHAT THE PURPOSE OF KIND OF BE AND ENDED UP BEING, UH, THIS BIG OPEN FIELD.

AND THEY IT'S LIKE 9,000 FEET AWAY FROM MY, MY NEIGHBORHOOD.

AND THEY HAD LIKE MUSIC, BOOM, AND BOOM, BOOM, BOOM, BOOM, THE WHOLE WEEKEND.

AND THIS IS LATE INTO THE NIGHT, LIKE TWO, THREE IN THE MORNING.

SO THAT'S WHY I ASKED ABOUT THE SIZE OF THE SPEAKERS.

CAUSE THE SIZE COULD BE ANYTHING.

YOU KNOW WHAT I MEAN? OH, YOU MEAN FOR THE INDOOR USE? UH, DIDN'T YOU SAY THERE'S, THERE'S GONNA HAVE TO GO OUTDOOR, RIGHT.

BUT THEY'RE RESTRICTED BY THE DECIBEL LEVEL.

SO IF YOU'RE, IF YOU HAVE THAT HIGH DECIBEL LEVEL IN YOUR NEIGHBORHOOD, YOU SHOULD CALL 3, 1, 1.

THE ISSUE IS IT'S JUST COUNTY AND CITY.

THAT'S PROBABLY WHAT IT, WHAT IT IS.

YEAH.

COMMISSIONER WOODY.

I LEARNED MORE ABOUT SOUND THAN I EVER THOUGHT I'D NEED TO KNOW.

BUT WHAT I FOUND WAS IF YOU HAVE A BUNCH OF SMALL SPEAKERS, AS OPPOSED TO ONE OR TWO BIG ONES, YOU CAN ACTUALLY TURN THE VOLUME DOWN, HEAR THE MUSIC, NOT BE AND NOT HAVE IT.

LEAVE THE SITE.

THE, THE SPEAKERS THAT ARE AT THIS SITE CURRENTLY ARE BASICALLY THE SIZE OF SOME BOSE SPEAKERS THAT ARE LIKE MAYBE 12 BY EIGHT.

AND THEY'RE, THEY'RE PLANTED AROUND THE GROUND AND UP UNDER THE EAVES OF SOME OF THE BUILDINGS.

AND, AND WE ACTUALLY TURNED THEM UP AS LOUD AS THEY WOULD GO.

AND THEN DID SOUND TESTS AT THE PROPERTY LINE.

YOU COULDN'T HEAR THEM.

OKAY.

SO COMMISSIONER DINKLER PASSED ME THE SECTION OF THE CODE, WHICH IS SECTION NINE TO 14 RESTRICTIONS ON PERMITS, IMPACTING RESIDENTIAL PROPERTIES.

AND IT LISTS OUT THE SPECIFIC HOURS IN WHICH YOU'RE ALLOWED TO USE AMPLIFIED SOUND WITHIN, BEYOND, UH, LESS THAN 600

[00:35:01]

OR WITHIN A HUNDRED FEET OF PROPERTY AND BETWEEN 106 HUNDRED FEET.

SO ANYBODY WANTS TO KNOW THE DETAILS THERE, BUT BASICALLY 10, 8, 10 AM TO 8:00 PM.

SUNDAY THROUGH THURSDAY, 10:00 AM TO 10:00 PM, FRIDAY THROUGH SATURDAY, 10:00 AM TO 10:00 PM ON SUNDAY THROUGH THURSDAY AND MIDNIGHT ON FRIDAY OR SATURDAY, IF THERE'S AN AGREEMENT WITH THE NEARBY PROPERTY OWNERS AND REPRESENTATIVES AFFECTED BY THE NEW NEIGHBORHOOD OR ORGANIZATION CODE COMPLIANCE HISTORY OF THE SITE, PUBLIC HEALTH AND SAFETY BASED ON COMPATIBILITY WITH ADJACENT LAND USES.

SO, UM, THEY WOULD HAVE TO MEET ALL THOSE REQUIREMENTS.

I THINK ANY OTHER QUESTIONS? YES.

THE QUESTION.

I DON'T HAVE ANY OTHER QUESTIONS.

I'M READY TO MAKE A MOTION LIST AND WE'LL GET A QUESTION.

AND I THINK WHAT WE'RE REALLY LOOKING AT IS WE'RE TRYING TO CONSOLIDATE WHAT CAN BE DONE ON THE SITE NOW INTO A MORE DEFINED AREA, WHICH I THINK IS A GOOD THING.

WE ARE INCREASING THE SIZE OF THE FACILITY FROM 6,000 TO 7,000, BUT THAT'S PRETTY MINIMAL INCREASE.

UM, SO BASED ON THAT ELECTRIC, WE HAD TO MAKE A MOTION TO APPROVE STAFF RECOMMENDATION ON BOTH ITEMS, BE ONE AND B2.

SECOND, THE MOTION SECONDED BY COMMISSIONER BOONE, ALL THOSE IN, OR IS THERE ANY QUESTIONS OR DISCUSSION? YES.

COMMISSIONER GREENBERG.

I WILL SAY THAT, UM, AT THE TIME WE PUT, WE RECOMMENDED THIS, UM, RESTRICTION ON AMPLIFIED SOUND.

IT WAS BECAUSE OF A PROPOSAL TO DO MULTI-FAMILY NEAR COCKTAIL LOUNGE USE OR POTENTIALLY NEAR, AND THAT'S NOT WHAT'S HAPPENING ANYMORE.

SO IT'S, DOESN'T REALLY SEEM NECESSARY TO HAVE THE, UM, PROHIBITION ON AMPLIFIED SOUND.

IT'S ALL UP TO AUSTIN TO ENFORCE THEIR CODE THOUGH.

THAT'S SOMETIMES A PROBLEM.

YEAH.

ANY OTHER COMMENTS FROM, FROM THE WEB HELD THERE? TV LAND, YES.

COMMISSIONER KING.

THANK YOU SO MUCH.

I'LL BE REAL QUICK.

I, I, YOU KNOW, BASED ON, UH, THE COMMENT ABOUT AGING OF CHANGE AND THAT, YOU KNOW, I, I UNDERSTAND THAT THE ADDITIONAL INFORMATION, UH, YOU KNOW, UH, AND I JUST, YOU KNOW, I GUESS I HAVE TO TRUST THAT, THAT, YOU KNOW, THOSE THINGS WILL ACTUALLY COME TO HAPPEN.

YOU KNOW, I, YOU KNOW, AND I REALLY DO CAUSE I'M GONNA, YOU KNOW, SUPPORT THIS AFTER HEARING ALL THIS INFORMATION, I BELIEVE I'M READY TO SUPPORT THIS AS WELL, BUT, YOU KNOW, I'M JUST WORRIED AND YOU KNOW, IF Y IF IT DOESN'T WORK OUT THAT WAY, I'M GOING TO BE VERY, YOU KNOW, VERY LEERY.

AND THE NEXT TIME AROUND, WE SEE A CASE LIKE THIS COME THROUGH, BUT THANK YOU VERY MUCH.

SURE.

UM, AND I APPRECIATE THE NEIGHBORHOOD COMING FORWARD AND SHIT STATING THEIR CONCERN.

CAUSE IT'S HARD TO COME DOWN AND SPEAK WHEN YOU THINK THAT SOMETHING MIGHT BE A DONE DEAL, BUT THAT, AND THAT SAID, UM, I ACTUALLY AM GOING TO SUPPORT THE MOTION, PARTLY BECAUSE I THINK THIS IS WHERE YOU WOULD WANT TO HAVE, UH, AMPLIFIED SOUND.

MOST OF THE USES SURROUNDING IT ARE COMMERCIAL.

THERE'S ADEQUATE PARKING BECAUSE OF, UH, OF ISSUES THAT'S ALREADY BEEN DEALT.

AND IF YOU HAVE ISSUES, WHAT I CAN TELL YOU IS WHAT I USED TO TELL PEOPLE THAT CALLED OUR COUNCIL OFFICE WHEN, UM, FROM ZILKER NEIGHBORHOOD.

AND THEY HAVE A UNIQUE ISSUE IN THAT THE SOUND BOWLS, BECAUSE THEY'RE UP ON A, ON A BLUFF AND ANYTHING ON BURTON SPRINGS ROAD COMES UP AND IT'S HARD AREA TO LIVE IN SOUND WISE, GET YOUR VIDEO CAMERA IT DATES WHEN YOU'RE LOGGING THE, IT HARD TO FIND AN ENFORCEMENT CODE ENFORCEMENT OFFICER AT 10:00 AM.

I KNOW, OR 11 O'CLOCK.

BUT IF YOU VIDEOTAPE IT AND YOUR CAMERA HAS A DATE FUNCTION, AND THE TIME FUNCTION, YOU HAVE A POTENTIAL CASE, I DON'T THINK IT'S GOING TO COME TO THAT, BUT I'M TRYING TO GIVE YOU A HINT.

IF YOU EVEN THINK THERE'S A POSSIBILITY ON HOW TO ADDRESS IT.

SO WE'RE READY TO CALL THE QUESTION.

YES.

OKAY.

MANY, UM, PHONE APPS CAN DO SO IF YOU'RE WANTING TO MEASURE WHAT YOU'RE HEARING.

OKAY.

ALL THOSE IN FAVOR OF THE MOTION AND OKAY.

THAT LOOKS UNANIMOUS.

THANK YOU VERY MUCH FOR THE CONVERSATION.

THANK YOU FOR COMING AND, UM, SUPPORTING YOUR NEIGHBORHOOD.

WE'LL MOVE ON TO

[B3. Rezoning: C14-2021-0189 - 4833 Spicewood Springs, District 10]

B THREE COMMISSIONER, SHERRY OR WAITRESS AGAIN, WITH THE HOUSING AND PLANNING DEPARTMENT.

THIS IS ITEM B3, WHICH IS KC 14, 20 21 0 1 8 9, WHICH IS AT 48 33 SPICEWOOD SPRINGS ROAD.

THEIR REQUEST IS FROM TO LMU.

THE STAFF RECOMMENDS LMU LIMITED OFFICE MIXED USE COMBINING DISTRICT ZONING.

THE PROPERTY IN QUESTION CONSISTS OF 1.14, SIX ACRE AREA FRONTING

[00:40:01]

SPICEWOOD SPRINGS ROAD THAT CONTAINS END LAND AND AN OFFICE STRUCTURE.

THE APPLICANT IS REQUESTING LMU EIGHT BECAUSE THEY WOULD LIKE TO MAINTAIN THE EXISTING OFFICE USE ON TRACK ONE AND TO BUILD RESIDENTIAL CONDOMINIUMS ON TRACK TO THE STAFF RECOMMENDS LMU ZONING BECAUSE DECIDED CONSIDERATION MEETS THE INTENT OF THE PURPOSE STATEMENT AT THE LIMITED OFFICE MIXED USE.

COMBINING DISTRICT LMU ZONING WILL PROMOTE CONSISTENCY IN ORDERLY PLANNING BECAUSE THEIR EXISTING IS EXISTING OFFICE ZONING LOCATED TO THE NORTH AND WEST AND RESIDENTIAL ZONING LOCATED TO THE SOUTH OF THE SITE UNDER CONSIDERATION THE PROPERTY FRONTS ONTO AND IS ACCESSIBLE FROM SPICEWOOD SPRINGS ROAD AND MAJOR ARTURO ROADWAY PROPOSED ANY WILL PERMIT THE APPLICANT TO DEVELOP A MIXTURE OF RESIDENTIAL CIVIC AND OFFICE USES ADJACENT TO OTHER OFFICES AND RESIDENTIAL USES ON A ROADWAY THAT IS SLATED FOR IMPROVEMENTS THIS YEAR AS PART OF THE SPICEWOOD SPRINGS REGIONAL MOBILITY PLAN.

AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU, MS. KEEPERS HERE, OR YES.

IF YOU WOULD HAVE THE APPLICANT YOU'D LIKE TO SPEAK GOOD EVENING COMMISSIONERS.

I'M HONESTLY HERE TO ANSWER ANY QUESTIONS YOU HAVE.

I DON'T HAVE A PRESENTATION, BUT HERE FOR YOU.

THANK YOU.

SO IS THERE A MOTION TO CLOSE THE PUBLIC HEARING EMOTION THAT GOES TO THE PUBLIC HEARING FROM COMMISSIONER SMITH, SECOND SECONDED BY DINKLER ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.

THANK YOU.

OKAY.

QUESTIONS.

UH CABASA UM, I WENT TO THIS SITE WITH COMMISSIONER GREENBERG AND IT, UM, IF YOU HAVE VERTIGO, THIS IS NOT THE PLACE FOR YOU.

AND I DO NOT SEE HOW IT COULD BE BUILT ON.

SO I AM ACTUALLY, I MEAN, SERIOUSLY, I LIKE, OH, THE TOPE, THE TOPO MAP I SAW, I WAS THE ONE WHO ASKED FOR IT AND IT DOESN'T DO IT JUSTICE.

AND SO I WAS REALLY SURPRISED THAT THERE'S EVEN A PROPOSED ZONING CHANGE AND THAT IT WOULD BE RECOMMENDED BECAUSE IT IS A CLIFF IT'S GOING DOWN.

AND IN A PREVIOUS LIFE, I WORKED FOR A REAL ESTATE APPRAISAL AGENCY WHOSE JOB WAS MOSTLY WORKING ON LAWSUITS ON CUT AND FILL FOR CONDOMINIUMS. WHEN THE CONDOMINIUMS PART OF IT WOULD GO SLIDING DOWN A HILL.

AND I THOUGHT, OH, THIS IS LIKE THE TEXTBOOK EXAMPLE OF, UM, WHAT I USED TO SEE.

SO ANYWAY, SO YOU CAN TELL WHERE I'M GOING WITH THIS.

I WAS JUST ASTOUNDED AND I JUST DON'T SEE, UM, THAT WOULD BE LIKE AMAZING CUT AND FILL.

IN FACT, IT'D BE LIKE, YOU'D HAVE TO GLUE DIRT ONTO THE SIDE OF THE CLIFF.

SO I AM OBVIOUSLY GOING TO BE AGAINST IT, BUT I JUST DON'T SEE HOW IT COULD HAPPEN.

OKAY.

GREENBIRD DID YOU WANT TO GO NEXT? DID YOU WANT TO GO NEXT TO HER? SURE.

I MEAN, I THINK I JUST DON'T THINK IT'S BUILDABLE.

UM, IT'S ENVIRONMENTALLY SENSITIVE.

I MOVED TO DENY SECOND WE'LL.

CAN WE FINISH THIS FLOOR? SO SMITH.

YEAH.

I MEAN, I TEND TO SEPARATE SITE DEVELOPMENT CONSTRAINTS FROM ZONING ZONING IS LAND USE.

YOU HAVE LAND DEVELOPMENT REQUIREMENTS IN THE CODE FOR CONSTRUCTION ON SLOPES, CUT AND FILL.

ALL THOSE THINGS ARE IN THE CODE WILL BE REVIEWED AT PIPELINE PHASE.

THIS IS A ZONING REQUEST TO COME IN AND SIMPLY ZONE THE PROPERTY.

AND WE HAVE TO LOOK AT IT FROM A LAND USE STANDPOINT.

AND I DON'T WANT TO TAKE THE POSITION OF LOOKING AT WHETHER SOMETHING IS BUILT OR NOT.

CAUSE WE'RE NOT THE EXPERTS ON WHAT'S BUILT AND WHAT'S NOT BILLABLE.

UM, THAT IS THE CITY STAFF POSITION.

AND SO I SIMPLY LOOK AT IT FROM A LAND USE STANDPOINT AND SAY, OKAY, IF THEY WANT THIS ZONING, THEY CAN HAVE THE ZONING.

THEY HAVE A LOT OF OTHER CONSTRAINTS.

THEY MIGHT NOT BE ABLE TO BUILD ON, BUT THEY'VE GOT A LOT OF OTHER CODE REQUIREMENTS.

THEY HAVE TO MEET THE BILL INDEPENDENT FROM THE ZONING.

SO THAT'S THE WAY I LOOK AT IT.

I DON'T WANT TO BEAT COME UP HERE AND BE THE EXPERT ON WHAT IS BILLABLE AND NOT BILLABLE AND BASE OUR ON A LACK OF EXPERTISE IN SOMETHING THAT WE DON'T HAVE THE EXPERTISE ON.

UM, SO WE'RE THE LAND USE COMMISSION.

OUR MOTIONS ARE SUPPOSED TO GET YOUR RECLINING TO USEFUL.

I'LL BE SUPPORTING THEM FROM THAT STANDPOINT.

AND I APOLOGIZE IF I MAY, UH, I APOLOGIZE IF I CUT THE DISCUSSION OFF BECAUSE THAT WAS NOT MY INTENTION.

WHEN YOU LOOK AT WHAT PROJECTS ARE SUITABLE FOR MIXED USE IN THE LAND DEVELOPMENT CODE ITSELF, SUBCHAPTER E YEAH.

[00:45:01]

THEY DEFINE MIXED USE AS BEING SUITABLE FOR DOWNTOWN AREAS.

TRANSIT-ORIENTED DEVELOPMENT.

THIS IS NOT A TRANSIT ORIENTED DEVELOPMENT SITE.

IF I'M REMEMBERING IT RIGHT, IT DOESN'T HAVE TRANSIT RIGHT.

WHILE THEY ARE ADDING SIDEWALKS.

AND A LOT OF THOSE QUESTIONS ABOUT THE STREET WIDENING CAN ACTUALLY, FOR ME, UH, THIS WILL BE A RIGHT TURN IN RIGHT TURN OUT ONLY SITE.

AND THE RETAIL IS MILE OVER A MILE AWAY.

I DON'T REALLY SEE PEOPLE GOING TO SHOP OVER WALKING SHOP IF THE RAMBLES OVER A MILE AWAY.

RIGHT.

I DON'T THINK IT'S SAFE.

I DON'T THINK IT'S BUILDABLE, WHICH OF COURSE IS A SITE PLAN ISSUE.

BUT THE ONE THING NOBODY HAS EVEN MENTIONED ON THIS SITE IS HOW ENVIRONMENTALLY PRISTINE AND IMPORTANT THAT SITE IS.

IT'S ON THE BULL CREEK WATERSHED WATER SUPPLY WATERSHED.

THIS ZONING IN THOSE CASES HAVE ALWAYS BEEN DENIED, UM, LARGELY BY ONE PROPERTY OWNER WHO'S ON THE SITE.

AND I THINK MAYBE ADJACENT TO IT, BUT, UM, AND IT'S ALWAYS BEEN RECOGNIZED WITH PREVIOUS PLANNING COMMISSIONS, INCLUDING MS. BETTY BAKER, THAT THE ENVIRONMENTAL CONSTRICTIONS WERE SO SEVERE.

DON'T I THINK WAY BACK, I REMEMBER THEY HAD FOUND BIRD ON THE SITE.

NOW THAT OF COURSE IS A SITE DEVELOPMENT ISSUE, BUT I DON'T THINK THIS IS A SUITABLE CANDIDATE ANYWAY, FOR MIXED USE.

SO I OF COURSE WILL BE SECONDING THE MOTION.

WHAT'S YOUR BOONE.

DID YOU WANT TO WEIGH IN? SURE.

AND SPEND A CONSIDERABLE AMOUNT OF TIME, UH, WORKING AND HAVING COLLEAGUES WHO WORK IN THAT AREA, UH, ENGAGING IN LAND USE AND TRANSPORTATION ACTIVITIES, BICYCLING TAKING TRANSIT WALKABILITY.

IT CERTAINLY IS TOPOGRAPHICALLY, UH, POWERFUL.

UM, BUT TO ME THAT DOESN'T DISQUALIFY SOMETHING OTHER THAN AUTO ORIENTED DEVELOPMENT, UH, RIGHT OFF, OUT OF HAND.

UM, AND CERTAINLY CONCUR WITH THE, UH, BUT THE BUILDERS BUILDING OUT THE ZONE OR ZONE.

HOW ABOUT FROM, UM, YES, COMMISSIONER THOMPSON AND THEN, UH, KING, IF YOU, AND THEN WOODY, IF YOU'D LIKE, THANK YOU, CHAIR, MIKE.

MY CONCERNS REALLY AREN'T WITH THE BUILDABILITY OF THE SITE, BUT THE APPROPRIATENESS OF THE SITE GIVEN ITS ENVIRONMENTAL CONDITIONS, NOT ONLY IS IT IN THE RESOURCE OF IT'S ACTUALLY OVER RECHARGE FEATURE AND IT'S AMONGST OTHER LOTS THAT ARE ALSO NOT DEVELOPED CONTIGUOUS LOTS OR CONTIGUOUS SEGMENTS OF LOTS THAT ARE STILL INTACT GREEN SPACE WITHIN THE RECHARGE ZONE.

I HOPE FOLKS HAD A CHANCE TO KIND OF READ THE BACKGROUND PARAGRAPH.

I SENT JUST CONTINUE TO BE A LITTLE FRUSTRATED WITH THE PACKETS THAT WE GET CITING.

JUSTIFICATION'S LIKE YEP.

INFILL AND, UM, SITING.

IMAGINE AUSTIN, EVEN WHEN LIKE IN THIS, ONE'S A LITTLE WEAK ON THAT FRONT WITHOUT MENTION OF THE OTHER COMPONENTS OF IMAGINE AUSTIN, WHICH ARE VERY SPECIFIC TO THE APPROPRIATENESS OF, UH, DEVELOPMENT WITHIN THE RECHARGE ZONE.

AND THEN I'M INCLUDED A METRIC ABOUT THE AMOUNT OF DEVELOPMENT THAT THAT'S OCCURRED IN THE RECHARGE ZONE AND THAT BY THE CITY'S OWN MEASURE, WE'RE HEADING IN THE WRONG DIRECTION ON THAT FRONT.

SO I KNOW WE SEE A LOT OF, UM, PARCELS COME UP WITHIN THE ZONE AND SOME ARE ALREADY DEVELOPED OR SURROUNDED BY DEVELOPMENT.

THIS ONE IS SURROUNDED BY OTHER OPEN SPACE.

AND SO THIS IS A RARE OPPORTUNITY FOR US TO SAY THIS IS NOT AN APPROPRIATE PLACE, UNFORTUNATELY, FOR THIS KIND OF DEVELOPMENT, UM, COMMISSIONER KING OR COMMISSIONER WOODY.

NO.

OKAY.

SO I DO WANT TO SAY THAT I SPENT, I RECENTLY LEARNED ABOUT THIS PROPERTY PROFILE WEBSITE THAT WE HAVE, AND IT'S SO GREAT BECAUSE YOU CAN PULL UP THE FLOOD PLAIN AND IT'S GOT THE, THE 15% SLOPE MAP ON IT.

AND I THINK IT'S A REALLY USEFUL TOOL.

SO SPENDING A LOT OF TIME LOOKING AT THAT, AND THERE IS, YOU KNOW, UM, UH, A PIT, IS IT A PIT OR A PDA? IS THAT RIGHT? JUST ON THE OTHER SIDE WITH SOME PRETTY DENSE, UH, DEVELOPMENT.

AND THEN THERE IS AN MF THREE LOCATED NEARBY AS WELL.

AND I THINK WHAT GIVES ME THE MOST PAUSE IS THE 20 UNITS PER HALF ACRE.

IT SEEMS QUITE DENSE FOR THE AREA.

UM, I, I AGREE.

I MEAN, I THINK THAT BEING ABLE TO BUILD, UM, RESIDENTIAL NEAR OFFICE MAKES SENSE, UM, IN THIS CASE.

AND, UM, BUT I DON'T KNOW HOW I FEEL ABOUT THE DENSITY, THE HIGH DENSITY, UM, GIVEN THE ENVIRONMENTAL ISSUES.

UM, SO THAT'S KIND OF WHERE I'M LIKE IN THE MIDDLE.

[00:50:01]

I MEAN, I DON'T, I DON'T THINK THAT WE CAN, I HAVEN'T, I'M NOT A GEOTECHNICAL EXPERT, I'M NOT A SLOPE EXPERT.

UM, I'M JUST LOOKING AT THE SURROUNDING ZONING AND WHAT I SEE, UM, GIVEN THE SPICE SPICE WOOD SPRINGS IS A FAIRLY NARROW ROAD.

THERE'S NOT A LOT OF CONNECTIVITY IN THE AREA, GIVEN THE TOPOGRAPHY, UM, AND ALL THE ENVIRONMENTAL FEATURES.

SO I WOULD LIKE TO, I DON'T KNOW HOW TO REDUCE THE DEBT.

YOU HAVE TWO SIDES.

I MEAN, I FEEL LIKE YOU COULD PUT TWO UNITS ON IT OR SOMETHING, YOU KNOW, BUT YEAH, IT ALREADY HAS US AT THREE, RIGHT.

IT'S LL SLASH SF.

OKAY.

WELL, THAT'S, THAT MAKES IT EASY, I GUESS.

I DON'T KNOW.

I'M VERY CONFLICTED.

YES.

COMMISSIONER KING, HIS CHAIR.

I JUST WANT TO MAKE SURE THAT, UH, COMMISSIONER, WHAT DO YOU WANT TO SPEAK? OKAY, THANK YOU.

WELL, AND I DID WANT TO JUST, UH, SAY THAT I REALLY APPRECIATE COMMISSIONER THOMPSON'S, UH, INFORMATION AND BACKGROUND ON THIS CASE.

AND THANK YOU FOR DOING THAT ANALYSIS.

IT'S VERY HELPFUL TO ME, YOU KNOW, AND I ALSO SHARE CONCERNS, UH, FROM THE CHAIR THAT THE CHAIR EXPRESSED ABOUT THE DENSITY HERE.

SO, YOU KNOW, UH, UH, AND, AND I JUST WANT TO CLARIFY, DO WE HAVE A MOTION ON THE FLOOR RIGHT NOW MADE TO DENY BY CON BY COMMISSIONER GREENBERG AND SECOND AND BY DINKLER YES, WE ARE JUST DISCUSSING THE MOTION.

THANK YOU.

I'M JUST TRYING TO KEEP MY NOTES.

THANK YOU.

YEAH.

ALL RIGHT.

SO THOSE IN FAVOR OF THE MOTION, PLEASE RAISE YOUR HAND 1, 2, 3, 4, 5, 6, AND THOSE OPPOSED, AND I'M GOING TO ABSTAIN BECAUSE I CAN'T DECIDE, WOULD YOU PLEASE READ THE NAMES OF THOSE WHO, WHO, UH, WHO VOTED FOR, UM, IT WAS DINKLER GREENBURG, KIELBASA, KING, THOMPSON, AND WOODY.

OKAY.

AND THEN YOU ABSTAINED.

OKAY.

YES, SIR.

OKAY.

THANK YOU VERY MUCH FOR YOUR OKAY.

MOVING RIGHT ALONG.

THAT WAS B3.

[B9. Zoning: C14-2021-0184 - 7201 FM Road 2222; District 10]

WE ARE GOING ON TO B6.

NO, B NINE.

THANK YOU.

WE CAN GO.

UM, WHO'S THE STAFF.

OH, HI, MS. RHODES.

WE CAN'T HEAR YOU.

YOU'RE MUTED.

UH, HELLO.

THIS IS 20 LOADS WITH THE HOUSING AND PLANNING DEPARTMENT.

THIS IS A PLATTED LOT LOCATED ON THE WEST SIDE OF A FM 2222.

IT CONTAINS A FOUR STORY MULTIFAMILY RESIDENTIAL COMPLEX, UH, THAT APPEARS TO HAVE BEEN COMPLETED IN APPROXIMATELY 2009.

UH, ACCESS TO THIS LOT, UM, IS TAKEN ON 2 22, 22.

AND THE DRIVEWAY ALIGNS WITH GESTURE BOULEVARD, WHICH IS ACROSS THE STREET TO THE NORTH.

UH, THIS PROPERTY WAS ANNEXED INTO THE CITY IN DECEMBER OF 2007.

IT WAS ASSIGNED INTERIM RURAL RESIDENTS AT THAT TIME PRIOR TO ANNEXATION, UH, THE, THERE WAS A SITE PLAN APPROVED FOR THE MULTIFAMILY, UH, DEVELOPMENT THAT OCCURRED IN 2006.

THE APPLICANT IS REQUESTING ZONING WITH THIS CONDITIONAL OVERLAY, UH, THAT WILL LIMIT THE, UH, THAT WOULD ESTABLISH MF TWO MF, TWO DEVELOPMENT STANDARDS, EXCEPT FOR HEIGHT UNDER THE MF FOUR DISTRICT.

UM, HEIGHT OF UP TO 60 FEET CAN BE ACHIEVED ON THIS PROPERTY.

AND, UH, JUST WANTED TO NOTE THAT THIS IS LOCATED ON A HILL COUNTRY ROADWAY AND WITHIN THE WESTFIELD WATERSHED, UM, WHICH PROHIBIT, WHICH HAS MORE RESTRICTIVE STANDARDS THAN THOSE, UM, LISTED IN THE CONDITIONAL OVERLAY.

AND THOSE MORE RESTRICTIVE STANDARDS WOULD APPLY IF THIS SITE WERE REDEVELOPED.

SO THIS, UH, BASED DISTRICT OF MF FOUR DOES NOT WAIVE OR EXEMPT THE PROPERTY FROM COMPLYING WITH HILL COUNTRY ROADWAY AND WATERSHED SPECIFIC REGULATIONS.

SO THE STAFF IS RECOMMENDING THE EMF BOAR WITH THE CONDITIONAL OVERLAY AS MENTIONED EARLIER.

UH, AND THAT CONCLUDES MY PRESENTATION.

THANK YOU.

THANK YOU.

AND IS THE APPLICANT HERE? GOOD EVENING COMMISSIONERS MICHELLE LYNCH WITH METCALF WOLF STEWART AND WILLIAM.

[00:55:01]

UM, APPRECIATE THAT.

YOU'RE GOING VERY FAST TONIGHT.

I'M EXCITED ABOUT THIS.

UM, THE PURPOSE OF THE ZONING AS A, THE CASE MANAGER OUTLINED IS TO BRING INTO COMPLIANCE A PROJECT THAT HAS BEEN BUILT AND CONSTRUCTED FOR SOME TIME.

UM, AFTER IT WAS ANNEXED, OUR CLIENT BOUGHT THE PROPERTY AT THE END OF LAST YEAR AND NOTICED THAT IT HAD A LOT OF CODE VIOLATIONS AS WELL AS SOME OTHER CLEANUP, UM, THAT NEEDED TO BE DONE.

AND SO THAT LED US TO THE PATH OF, YOU KNOW, GETTING THE PERMANENT ZONING IN PLACE.

THE REQUEST IS, WOULD OTHERWISE BE MF TOO, EXCEPT THAT IT WAS ALREADY BUILT INTO A FOUR-STORY PROJECT.

THERE ARE SOME AGREEMENTS, PRIVATE AGREEMENTS HAD BEEN IN PLACE WITH THE KONA 22, 22 GROUP.

WE ARE ALSO VISITING WITH THEM ABOUT, UM, ANYTHING THERE THAT NEEDS TO BE ADJUSTED.

UM, AND THEN WE HAVE ALSO BEEN TALKING WITH THE LAKE AUSTIN CO ELECTIVE, UM, WHO I BELIEVE IS HERE TONIGHT TO SPEAK.

UM, AND THEY HAVE HAD A COUPLE OF POSTPONEMENTS AS WELL.

WE HAD SOME ISSUES THAT WE TALKED ABOUT OVER THE LAST COUPLE OF WEEKS THROUGH THE MONTH.

AND WE'VE RESOLVED A COUPLE OF THOSE, I THINK, UM, WE'RE STILL TALKING TONIGHT ABOUT, UH, CONCERNS, I BELIEVE ABOUT MORE DEVELOPMENT OR POTENTIAL ADDITIONAL DEVELOPMENT.

UM, THE BORING CHART I HAVE BEFORE YOU HERE IS FROM THE EXISTING SITE PLAN AND JUST WANTED TO HIGHLIGHT THAT OVER, UH, OUR PROJECT IS, UM, TECHNICALLY ONLY 38 ACRES THERE IN THE MIDDLE OF LOT TWO, BUT THE SITE PLAN SPANS THREE LOTS, WHICH IS 89 ACRES.

AND YOU'RE NOT ALLOWED TO DEVELOP THE RESTRICTED FROM DEVELOPING ON LOTS ONE IN THREE.

SO IT'S ABOUT 8% TOTAL IMPERVIOUS COVER TODAY.

UM, IF THERE WERE FULL BUILD OUT WITH THE ADDITIONAL 2.7 ACRES, IT WOULD BE ONLY 11% OF PREVIOUS COVER, UM, IN THIS AREA.

SO, UM, I THINK THEY'D HAVE ANOTHER SLIDE, ANDREW.

YES.

UM, THIS IS A SLOPE MAP, WHICH IS PROBABLY ONE OF THE DARKEST ONES I'VE EVER SEEN WITH THE OLDEST SLOPES.

IF YOU'RE DRIVEN BY THIS SITE, UM, YOU CAN SEE JUST WEST OF 360 ON 22, 22, THAT IT'S UP ON THE HILL.

UM, THE YELLOW AREA I'VE INDICATED IS KIND OF AROUND THE MAILBOX AREA.

UM, THAT'S ABOUT THE ONLY ZERO TO 15% SLOPES WHERE YOU COULD ADDITIONALLY EVER PUT ANY OTHER DEVELOPMENT.

SO, UM, WE, THAT'S WHY WE WERE TALKING A LOT WITH THE LAKE AUSTIN COLLECTIVE ABOUT LET'S MAYBE LOOK AT LIMITING ADDITIONAL IMPERVIOUS COVER IF THAT'S EVEN POSSIBLE FOR ME TO GAIN FROM THE OTHER TWO LOTS, BECAUSE REALLY I DON'T HAVE ANYWHERE TO PUT IT EXCEPT THE YELLOW AREA.

I MEAN, MY CLIENT IS NOT LOOKING TO DO ANY ADDITIONAL DEVELOPMENT.

UM, THEY ARE CONCERNED IN THE FUTURE ABOUT, YOU KNOW, WHAT THEY WANT TO ADD TO THE MAIL ROOM, IF THEY NEED TO DO SOME COPING AROUND THE POOL.

UM, THE FIRE DEPARTMENT HAS SAID, WE MIGHT WANT YOU TO PAY THE FIRE LANE.

THAT'S NOT PAID.

SO, UM, YOU KNOW, I DON'T THINK WE NEED 2.7.

I DON'T KNOW WHAT WE NEED QUITE FRANKLY, BUT, UM, I WAS JUST TRYING TO SPLIT THE DIFFERENCE QUITE HONESTLY.

SO, UM, THAT'S ABOUT ALL I HAVE.

I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

MOTION TO CLOSE THE PUBLIC HERE.

LET'S SEE.

SORRY.

UM, BENIGN.

OH, MS. BAILEY, AND THEN AFTER MS. BAILEY WILL BE MR. HART'S FELD.

HELLO.

HI, TAKE OFF MY MASK IF THAT'S ALL RIGHT.

SURE.

UM, I'M LINDA BAILEY WITH, UH, LAKE AUSTIN COLLECTIVE AND SUSAN KIMBOROUGH WITH OUR ORGANIZATION IS HERE ALSO, UH, WANT TO TALK ABOUT THE WESTLAKE VISTAS AND THIS IS A SHOT, UH, WHAT IT LOOKS LIKE, AND YOU GET AN IDEA OF WHAT THE TOPOGRAPHY IS LIKE.

NEXT SLIDE PLEASE.

SO THE WESTLAKE VISTAS, IF YOU, UM, LOOK ON THE LEFT SIDE, UH, IN THE PROPERTY PROFILE REPORT, UM, IT'S LOT TWO, BUT IT WAS ZONED.

UH, IT WAS ANNEXED WITH 95 ACRES.

AND THEN THERE'S THREE LOTS THAT THE SITE PLAN WENT WITH IS TO 89.

AND WE'RE TALKING ABOUT HERS.

OKAY.

NEXT SLIDE PLEASE.

SO OUR QUESTION IS, AND WE HAD A VERY POSITIVE CONVERSATION WITH MICHELLE, UH, WITH MS. LYNCH.

UM, SHE DOESN'T WANT TO DEVELOP ANYTHING AND WE DON'T WANT TO DEVELOP ANYTHING.

AND WE ARE IN AGREEMENT WITH THE CURRENT BUILDING AND REQUEST TO BUILD A MAILBOX OR IMPROVE THE POOL AREA OR PUT THE FIRE LANE IN.

WE HAVE NO ISSUES WITH THAT, BUT WE'RE, UH, UH, LOOKING FOR FEASIBLE WAYS TO LIMIT, UM, MORE IMPACT ON 22, 22 HILL COUNTRY ROADWAY WOOEY AREA.

SO I ASKED MYSELF, IS IT REASONABLE TO ASK FOR LIMITS? I WENT TO THE OPEN DATA AND I FOUND 118 IRR REZONINGS.

UH, 32 OF THEM HAVE BEEN SINCE 2006.

AND THE MOST COMPARABLE ONE I FOUND WAS, UH, 79 0 1 FM 22, 22.

AND, UM, THE THREE THINGS WE ARE LOOKING FOR ARE PERMITTED USES IMPERVIOUS COVER AND TRIPS.

[01:00:01]

SO, UM, NEXT SLIDE PLEASE, UM, IS A REASONABLE WELL AT, UH, 79 0 1, JUST DOWN THE STREET.

UH, THEIR CEO HAD HIGHT VEGETATIVE BUFFER, UM, MAX NUMBER OF UNITS RECOMMENDED, SO USES VEGETATIVE BUFFER, BUILDING SETBACKS.

I'M SORRY.

THIS IS THINGS YOU ALL DEAL WITH ALL THE TIME, BUT I'M ASKING MYSELF WHAT'S REASONABLE TO ASK FOR IN THE OTHERS, THEY HAD TRIP LIMITS.

THEY HAD, IF THEN A REQUIREMENTS, IF IT'S THIS HEIGHT, THEN THE NUMBER OF UNITS ON THE LOT REQUIREMENTS.

SO NEXT SLIDE.

SO WE CONCLUDED THAT IT WAS REASONABLE.

UM, WE ASK, UH, MS. LYNCH FOR THE IMPERVIOUS COVER COMPARISON AND ON LOT TWO, UM, 38 ACRES, LOTS, ONE, TWO, AND THREE, THE IMPERVIOUS COVER.

I TOOK THOSE LITTLE EYE CHARTS.

UH, NEXT SLIDE PLEASE.

AND BOTTOM LINE IS THERE'S 2.7 ACRES OF IMPERVIOUS COVER LEFT.

SO WE'RE THINKING 23 ACRE, UH, 23 UNITS PER ACRE.

OH, THERE'S A POSSIBILITY THAT SOMETHING COULD HAPPEN.

OKAY.

THAT COULD BE BUILT.

AND SO WE'RE LOOKING BECAUSE OF THE TRANSFER FROM THE TWO CITY OWNED LOTS.

OKAY.

NEXT SLIDE PLEASE.

SO, UH, AGAIN, UM, MS. LYNCH SENT THIS, UH, WE LOOK AT THE IMPERVIOUS COVER, BUT WE LOOK AT IT A LITTLE BIT DIFFERENTLY BECAUSE WE KNOW THE KIND OF VARIANCES THAT ARE GIVEN.

THIS IS THE LAND THAT WE LIVE AROUND.

OKAY.

AND CUT AND FILL VARIANCES.

THERE'S NO INFORMATION THAT I COULD FIND ON THAT ARE GIVEN FREELY.

AND, UH, SO WE'RE STILL, WE DON'T CONSIDER LIMITING A 1.5, WHICH SHE SAID SHE WAS SPLIT THE DIFFERENCE, BUT FOR US NON-EXPERTS WE DON'T REALLY KNOW IF THAT WOULD LIMIT IT.

OKAY.

SO THAT'S AN UNKNOWN TO US.

NEXT SLIDE PLEASE.

SO WE LOOKED AT PERMITTED USES.

THERE'S A LOT OF PERMITTED USES AND USES THAT COULD GO IN THAT 2.7.

SO ALSO SAYING IF, IF IT WAS MULTIFAMILY THAT WOULD REALLY, UH, RESTRICT IT IF YOU RESTRICTED, THE PERMITTED USES TO, UH, TO WHAT IT IS RIGHT NOW, WHICH IS A MULTI-FAMILY APARTMENT.

SO THAT'S THE SECOND ITEM WE LOOKED AT.

WE LOOKED AT IMPERVIOUS COVER PERMITTED USES.

AND THE LAST ONE WE LOOKED AT NEXT SLIDE PLEASE, UH, WAS NUMBER OF UNITS AND THEY HAVE 338 UNITS.

UH, SO THE PERMITTED USES, UH, WERE ASKING FOR A RESTRICTION ON THAT THE TRANSFER OF IC, UH, EXCEPT FOR MAINTENANCE OR FIRE.

UM, WE DON'T REALLY KNOW HOW TO ADDRESS THAT.

LEGALLY.

NONE OF US ARE LAWYERS.

UH, THAT WAS PRETTY HARD FOR US TO ADDRESS THE NUMBER OF UNITS COULD ALSO BE A RESTRICTION AND WE COULD SUPPORT THAT.

UM, WE ALSO LOOKED AT THE TRIP LIMIT ESTIMATE THAT WAS ON THE APPLICATION AND THAT WOULD BE ANOTHER WAY TO LIMIT IT, THAT WE WOULD CONSIDER.

SO I LOOK FORWARD TO YOUR, UH, INPUT WHERE WE'VE MADE A LOT OF, UH, GOOD COMMUNICATION.

UH, WE'RE COMING UP ON THE LEARNING CURVE.

SO WE'VE BEEN ASKING MICHELLE A LOT OF QUESTIONS.

SHE'S BEEN VERY HELPFUL.

UH, SHE SENT MATERIAL WHENEVER ASKED.

SO THERE'S A POSSIBILITY IN THE NEXT WEEK WE COULD WORK SOMETHING OUT IF SHE WOULD BE AGREEABLE TO THESE, UH, RESTRICTIONS.

THANK YOU QUESTIONS.

OH, NO, NO MORE.

THAT'S HIS BACKUP.

NOT RIGHT NOW.

THANK YOU.

BUT, UM, WE MAY HAVE SOME LATER AND I BELIEVE MR. HERTZFELD IS ON THE PHONE.

YES.

HE'S STILL HE'LL HAVE TO UNMUTE.

I DON'T KNOW HOW THIS WORKS.

THIS IS NEW.

WELL, MR. HAS FILED AN APPEAL SELECT STAR SIX AND PROCEED TO YOUR REMARKS.

MY NAME RON.

YEAH.

I'M A RESIDENT OF JESPER STATE, WHICH IS DIRECTLY ACROSS, UH, 22, 20 SOON FROM THE WESTLAKE.

THIS IS PROPERTY, I'M ALSO A VICE-PRESIDENT OF 20 TO 22,000 ACRES OF REMAINING IMPERVIOUS COVERAGE.

BUT THE REAL DIFFICULTY FOR US TO TRY TO IDENTIFY, YOU KNOW, SPECIFICALLY WHERE IT MAY BE, YOU KNOW, I UNDERSTAND THAT, THAT THE 1.5 PAPERS THAT WERE REQUESTED FOR A SAFEGUARD FOR THE, UH, FUTURE IMPROVEMENTS.

UH,

[01:05:02]

YEAH, YEAH.

OUR ISSUE.

YEAH.

BASICALLY IS TRAFFIC.

YEAH.

WE'VE SEEN A LARGE INCREASE IN TRAFFIC ALREADY.

YEAH.

THAT, UH, YEAH.

WE WANT TO SAFEGUARD, YOU KNOW, UH, TRAFFIC BY HAVING A LIMITATION, WHICH HAS ALREADY BEEN ADDRESSED IN THE CITY OF AUSTIN PRACTICAL IMPACT ANALYSIS, UH, WHICH WAS, UH, PART OF THE APP, THE APPLE, UH, PERMIT THE APPLICATION.

AND, UH, THAT IS ALISON IS DETERMINED TO BE A LT E CODED THROUGH 21, WHICH WAS FAR 1547 TRIPS PER DAY WE'RE ASKING THE COMMISSION TO LIMIT THE PROPERTY TO THAT 1,547 TRIPS PER DAY, TO LIMIT ANY FURTHER DEVELOPMENT.

IT CAN INCREASE THE TRAFFIC THAT WE'RE DEALING WITH.

SO THAT'S BASICALLY OUR BIG ISSUE IS TRAFFIC THAT CONCLUDES KNOW WHAT I'M PRESENTED.

THANK YOU.

OKAY.

SO I BELIEVE MS. LYNCH HAS THE OPPORTUNITY TO REBUT.

IF THERE'S ANYTHING SHE'D LIKE TO ADD.

THANK YOU VERY MUCH.

UM, I GUESS I CAN TAKE MY MASK OFF SOMEBODY ELSE'S DOING THAT.

UM, AGAIN, AS WE STATED, WE'RE JUST TRYING TO ESTABLISH THE PERMANENT ZONING.

UM, YOU KNOW, USUALLY WHEN I'M UP HERE BEFORE YOU GUYS, I AM LOOKING FOR SOMETHING NEW ON THE GROUND AND YES, I AM, UH, DEALING WITH A PLETHORA OF CONDITIONS.

USUALLY IN THAT CIRCUMSTANCE, IN THIS CASE, WE WERE JUST LOOKING AT WHAT WE COULD DO TO ESTABLISH PERMANENT ZONING.

UM, BUT IN THE DISCUSSIONS THAT SOMEBODY HERE, UM, IN THE DISCUSSIONS THAT WE'VE HAD WITH, UM, THAT I'VE HAD PERSONALLY WITH LINDA, WHO ALSO HAS BEEN VERY HELPFUL, NICE TO MEET YOU FORMALLY, UM, YOU KNOW, I'VE LEARNED THAT THERE ARE ADDITIONAL CONCERNS ABOUT ANOTHER BUILDING OR MORE TRAFFIC.

UM, AND I GUESS I UNDERSTAND THOSE ARE TODAY'S CONCERNS.

I HAVE TO LOOK AT THE FUTURE TOO, RIGHT.

UM, YOU KNOW WHAT, I, I'M ALSO NOT AN EXPERT.

WHAT DO I SAY? DO I SAY ONE MORE UNIT? DO I SAY 20 MORE TRIPS? DO I SAY ONE MORE ACRE OF IMPERVIOUS COVER? I MEAN, IF IT'S ONLY 15, A HUNDRED TRIPS PER DAY, EVEN IF I GOT ANOTHER BUILDING ON THERE, THAT'S NOT A LOT OF TRIPS MORE.

UM, AND SO I'M ALSO LOOKING AT AGAIN, 20, 30 YEARS FROM NOW, WHEN I'M NOT DOING THIS ANYMORE, MAYBE YOU AREN'T EITHER, WHAT COULD SOMEONE DO THERE OR NOT DO THERE? SO IT'S KIND OF HARD TO HANDICAP RIGHT NOW.

UM, AND I KNOW THAT WE HAVE, YOU KNOW, A HOUSING CRISIS THAT EVERYBODY'S LOOKING TO ADD MORE UNITS OR WHERE THEY CAN, MY CLIENT IS NOT LOOKING TO DO THAT, BUT AGAIN, I HAVE TO LOOK TO THE FUTURE.

UM, AND AS I ALSO DON'T, AND I'LL LET STAFF SPEAK TO THIS, BUT I DON'T THINK YOU CAN LIMIT TRIPS IN A CONDITIONAL OVERLAY ANYMORE.

UM, SO I DID JUST HEAR ABOUT MFR USES TODAY.

I DIDN'T REALIZE THAT WAS A CONCERN.

I QUITE FRANKLY HAVE NEVER PROHIBITED ANYTHING IN ABOUT FOUR BECAUSE I DON'T THINK ANYONE'S EVER FOUNDED TWO OFFENSIVE.

UM, HAPPY TO CONSIDER TALKING ABOUT THAT AS WE MOVE FORWARD TO COUNCIL, BUT THAT'S NEW TO ME.

IT DOES HAVE TODAY.

SO I CAN'T REALLY ANSWER THOSE QUESTIONS.

THANK YOU.

MOTION TO CLOSE THE PUBLIC HEARING FROM COMMISSIONER GREENBERG, SECOND SECONDED BY COMMISSIONER SMITH, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.

OKAY.

THANK YOU.

QUESTION FROM COMMISSIONER GREENBERG.

UM, SO MS. LYNCH, THE YELLOW AREA ON THE MAP THAT YOU SHOWED US, HOW LARGE DO YOU KNOW HOW LARGE THAT AREA IS? UM, I ACTUALLY DON'T KNOW HOW LARGE THAT AREA IS.

I COULD FIND OUT WELL THEN WE CAN'T REALLY LIMIT IT BASED ON THE SIZE OF THAT AREA.

WAS THAT ALL, WE HAVE A QUESTION FOR STAFF REAL QUICK, WHAT CONDITIONAL, WHAT CAN WE PUT IN A CONDITIONAL OVERLAYS QUESTION FOR STAFF? WHAT CAN WE PUT IN A CONDITIONAL OVERLAY TO LIMIT NUMBER OF UNITS OR TRIPS OR SOMETHING ALONG THAT LINE THAT WOULD LIMIT HOW MUCH MORE THEY COULD ADD, UH, GIVEN THAT THERE ARE 338 UNITS ON THE SITE THAT COULD BE THE START OF A CONDITIONAL OVERLAY TO LIMIT THE NUMBER OF UNITS ATD.

I WILL SAY THAT ATD STAFF HAS MOVED AWAY FROM, UH, TRIPLE LIMITATIONS IN A, IN A ZONING ORDINANCE AS THEY WOULD LIKE TO, UH, EVALUATE TRAFFIC IMPROVEMENTS AT THE TIME OF ANY NEW SITE PLANS.

OKAY.

SO WE CAN LIMIT IT TO THE NUMBER ABOVE 3 38 AND SAY, THIS IS WE'RE GOING TO LIMIT TO THAT NUMBER OF UNITS.

AND THAT WILL BE SOMETHING WE COULD PUT INTO A CONDITIONAL OVERLAY.

YES, THAT'S CORRECT.

OKAY.

[01:10:03]

I DON'T KNOW WHAT THAT NUMBER WOULD BE, BUT I HAVE NO IDEA.

THAT'S KIND OF WHERE I WAS COMING FROM ME.

AND I'LL, IF THERE'S OTHER QUESTIONS WE CAN GO AHEAD AND DISCUSS, BUT IF I CAN MAKE A MOTION TO APPROVE STAFF RECOMMENDATION WITH A CONDITION THAT WE LIMIT, THE NUMBER OF UNITS TO 375 PICKING A NUMBER OUT OF THE YEAR THERE A SECOND ON THE MOTION, IT'S AN AUCTION GO HERE.

400.

I WAS GOING TO SAY 360.

IF THAT MAKES YOU FEEL BETTER.

YEAH.

360.

IT IS SECONDED BY VICE CHAIR.

KOBASA UH, ANY OTHER DISCUSSION? ARE WE READY TO VOTE? OKAY.

ALL THOSE IN FAVOR OF THE MOTION FOR LIMITING THE UNIT STAFF RECOMMENDATION WITH RECORD LIMITING THE UNITS AT 360.

LET'S SEE.

YEP.

NOPE.

OKAY.

WOODY AND THOMPSON AND KING 360.

ARE YOU GUYS IN THOMPSON IS NOT OKAY.

ALL THOSE ABSTAIN.

OKAY.

ALTHOUGH THE PO'S OKAY.

BOONE AND THOMPSON ARE ABSTAINING FROM THE VOTE, BUT OTHERWISE PASSES.

OKAY.

THANKS EVERYONE.

THANK YOU ALL VERY MUCH.

GREAT PRESENTATIONS.

YES.

UM, OKAY.

B 10.

[B.10. Zoning: C14-2021-0159 - Vaught Ranch Rezoning; District 10]

HI.

HELLO.

GOOD EVENING, HEATHER.

CHAFIN FROM HOUSING AND PLANNING DEPARTMENT ON 14 20 21 0 1 5 9 VAUTE RANCH ROAD.

THIS IS ALSO OUR ZONING REQUEST TO GO FROM INTERIM RR TO A PERMANENT CATEGORY OF GEO M U IT'S ABOUT A FIVE ACRE SITE.

IT'S JUST A LITTLE BIT FURTHER UP THE ROAD FROM THE ONE YOU JUST DISCUSSED.

STAFF IS SUPPORTING THE REQUEST TO M U UH, THE PROPERTY.

SIMILARLY HAS A LOT OF ENVIRONMENTAL CONSTRAINTS.

A PORTION IS WITHIN THE A HUNDRED YEAR FLOOD PLAIN.

THERE'S ALSO SIGNIFICANT AMOUNTS OF THE PROPERTY IN THE CRITICAL AND WATER QUALITY TRANSITION ZONES.

MOST OF THE PROPERTY IS IN THE WATER QUALITY TRANSITION ZONE, AND THEREFORE IS LIMITED BY CODE TO 18% IMPERVIOUS COVER.

SO CONSEQUENTLY, THE REZONING IS PRIMARILY REQUESTED TO, TO TERM TWO DETERMINED LAND USES SETBACKS AND BUILDING HEIGHT IS TOUGH.

I'VE DONE IT BEFORE, BUT NOT TODAY.

UH, IT'S ON THE SOUTH SIDE OF THAT HAD 9 69, APPROXIMATELY TWO MILES WEST OF LOOP 360.

UH, SAME AS THE PREVIOUS PROPERTY.

THIS WAS ANNEXED IN 2007 AND, UH, GIVEN THE IRR ZONING AT THAT TIME, IT'S IN THE WEST BULL CREEK WATERSHED.

IT'S SUBJECT TO WATER SUPPLY SUBURBAN REGULATIONS AS WELL AS HILL COUNTRY ROADWAY AND SCENIC ROADWAY, ZONING ORDINANCE OVERLAYS.

AND TO BE CLEAR, AS WENDY SAID, ON THE PREVIOUS CASE, THE HILL COUNTRY ROADWAY AND SCENIC ROADWAY REGULATIONS SUPERSEDE THE BASE, UH, CATEGORY OF GEO THE PROPERTY IS AT HIS ADDRESS ON VAUTE RANCH ROAD.

BUT THE INFORMATION I HAVE IS THAT IT IS NOT ABLE TO ACCESS THE ROAD AND WILL TAKE, UH, ACCESS TO FM 22, 22 PROPERTIES SURROUNDING OUR IRR AND OUR, OUR, SOME ETJ, A LITTLE BIT OF THIS AND THAT.

UM, THERE'S A SUBSTATION TO THE WEST ACROSS FROM ACROSS VOP RANCH ROAD FROM THIS PROPERTY, UH, ON THE SAME SIDE OF THE ROAD AS THIS PROPERTY IS A MIX OF OFFICE USES, INCLUDING, UH, I THINK THERE'S PROFESSIONAL OFFICES, MEDICAL OFFICES, UM, AND THEN THERE'S ALSO MULTIFAMILY IN THE AREA.

STAFF IS SUPPORTING THE REQUEST TO G O M U AS WE SAID, THE SITE IS SIGNIFICANTLY LIMITED, UH, TO A VERY LIMITED IMPERVIOUS COVER AND OTHER PHYSICAL SITE DEVELOPMENT, STANDARD CONSTRAINTS, A HILL COUNTRY ROADWAY, ET CETERA.

THE REZONING IS TO ALLOW A RANGE OF OFFICE AND RESIDENTIAL USES THAT ARE CONSISTENT WITH USES IN THE VICINITY.

AND I'M AVAILABLE FOR QUESTIONS.

THANK YOU.

AND IT IS, IS IT ONLY MR. HART, THAT'S SPEAKING, UM, AS THE APPLICANT OR YOU ALSO, I'M NOT MR. HART, I'M JOHN NOAH WITH DUNAWAY ASSOCIATES REPRESENTING MR. HART.

HE IS HERE JUST IN CASE YOU NEED TO ASK HIM ANYTHING, AS HEATHER SAID, WHERE

[01:15:01]

YOU SIGNED UP TO SPEAK, DOES HE HAVE TO SIGN? I DID.

I DID THE EMAIL THING ON, YEAH, THANK YOU.

UM, AS HEATHER SAID, THE ISSUE WE'RE REALLY DEALING WITH HERE IS THE LAND USE AND, UH, WHICH, UH, WOULD GOVERN THE HEIGHT, BUT NOT MUCH ELSE BECAUSE THE PROPERTY IS 5.1, TWO ACRES.

AND BECAUSE THE SORRY, THE CAUSE OF THE WATERSHED CONSTRAINTS, THE OVERALL IMPERVIOUS COVER ALLOWED IT'S JUST OVER 15%.

SO THE SITE IS CONSTRAINED, UM, AS YOU, AS YOU KNOW, UH, UH, WESTVILLE CREEK WEAVES IN AND OUT OF 22, 22, THE CRITICAL ZONE OF WESTBROOK CREEK IS CHARACTERIZED BY A HIGHWAY IN THIS AREA.

AND, UH, WE HAVE A PIECE OF THAT ON THE EASTERN EDGE, BUT THE SIGNIFICANT AMOUNT OF IT IS IN THE TRANSITION ZONE, WHICH ALLOWS 18%, WHICH NETS YOU ACROSS THE WHOLE PROPERTY AT ABOUT 15%.

SO THAT'S THE TAIL WAGGING THE DOG AND THIS SITUATION.

AND THERE SHOULD NOT BE, I THINK, ANY, UM, UM, SIGNIFICANT DEVIATION FROM ANY OF THAT.

UH, AND THERE WOULD, IT WOULDN'T ANTICIPATE ANY VARIANCES OR ANY OF THAT KIND OF THING.

SOMEBODY BROUGHT THAT UP EARLIER.

SO I THOUGHT I'D MENTION THAT.

SO HERE YOU HAVE A SITE THAT HAS THE FRONTAGE ON 22, 22 IS RELATIVELY FLAT.

THERE ARE SOME STEEP PORTIONS ON THE EDGES, WHICH WOULDN'T BE DEVELOPED BECAUSE OF CURRENT CODES AND THAT'S THE SAME CHARACTERISTIC THAT PRECLUDES OUR ACCESS TO VAULT RANCH ROAD.

IF YOU'VE EVER DRIVEN UP THAT ROAD, IT'S, UH, IT'S SCARY.

UM, AND IT'S RELATIVELY STEEP AND THERE'S NO WAY TO GET A, UM, DRIVEWAY ONTO RANCH ROAD THAT WOULD COMPLY WITH YOUR CURRENT REGULATIONS.

SO THAT'S THE ANSWER TO THAT.

SO I DON'T WANT TO TAKE UP ANY MORE OF YOUR TIME WE'RE AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

WE THINK G O M U IS APPROPRIATE USE FOR THIS PROPERTY, THAT FRONTS ON 2220, AND WE WOULD REQUEST YOUR, THANK YOU.

THANK YOU, MR. HART, DID YOU ALSO WISH TO SPEAK IT'S UP TO YOU? LESSORS QUESTIONS THAT I MIGHT ANSWER OR SOUNDS GOOD.

TURN OUT HERE FROM MS. BAILEY.

OH, YES.

THANK YOU.

WELCOME BACK.

OKAY.

THANK YOU.

UH, LINDA BAILEY WITH LIKE US AND COLLECTIVE, UM, WHERE, UH, ARE LOOKING AT THE, UM, RECOMMENDED ZONING OF GEO M U, AND WE ARE GOING TO REQUEST MORE CERTAINTY.

NEXT SLIDE PLEASE.

SO THIS PROPERTY, UM, AS THE PREVIOUS GENTLEMAN MENTIONED, UM, IS ALONG 22, 22 AND THE BOUGHT RANCH ROAD, THERE'S AUSTIN ENERGY AND OTHER BUSINESSES USING BOUGHT RANCH ROAD IT'S L-SHAPED.

UM, I HAD A REALLY NICE CONVERSATION WITH MR. HART.

WHO'S A VERY NICE PERSON AND HE OWNS THESE OTHER BUSINESSES THAT, UH, ABUTTED, NEXT SLIDE PLEASE.

SO WHEN WE LOOK AT WHAT THE USES ARE FOR GEO SMU, UH, IT'S CERTAINLY, YOU KNOW, A LAUNDRY LIST OF THINGS THAT ARE AVAILABLE.

SO I ASK HIM, UH, AND HE CAN, UH, CONFER, BUT MY CONVERSATION WITH HIM, HE SAID THERE WERE THREE THINGS.

HE WAS INTERESTED IN SENIOR LIVING AND APARTMENT AND A LIVE WORK.

AND HE SAID, HE THOUGHT THAT THERE MIGHT BE THE SMALL OFFICES AND THEN THE PERSON MIGHT WANT TO LIVE THERE WITH A SMALL OFFICE.

SO WE'RE LOOKING WELL, DOES THAT REALLY FIT IN WITH G O M U NEXT SLIDE PLEASE? UH, THE ONLY INDICATION WE HAVE IS THE, UH, TIA WORKSHEET THAT LISTS 162 TRIPS FOR MULTIFAMILY.

UM, BUT THAT DOESN'T REALLY FIT WITH THE MULTITUDE OF USES THAT ARE RECOMMENDED AND THE OTHER USES COULD SIGNIFICANTLY, UM, INCREASE TRIPS IMPACT ON, UH, THE AREA.

NEXT SLIDE PLEASE.

SO I GO TO MY PROPERTY PROFILE AND I LOOK FOR GEO EMU.

THERE'S NOT MUCH OKAY.

UM, THERE'S A FEW CASES OF GEO M U IN THE OPEN DATA PORTAL, BUT NONE NEARBY.

THERE'S

[01:20:01]

A LOT OF INNO ELLO KIND OF THINGS, BUT THERE'S NO GEO LMU, WHICH, UM, PROVIDES A HUGE AMOUNT OF, UH, USES AND, UH, APPLICATIONS.

SO WE'RE VERY CONCERNED ABOUT THAT.

UM, NEXT SLIDE PLEASE.

SO I DO FIND, UH, TO GEO M USE AND THEY DID ALLOW RESTRICTIONS AND GIVE US MORE SPECIFICITY.

I MEAN, THEY SAID THEY WANTED APARTMENTS AND RETAIL USE.

UH, ONE OF THEM SAID THEY WANTED CONGREGATE LIVING RETIREMENT HOUSING AND AN OFFICE, AND AT LEAST FOLKS HAD AN IDEA OF WHAT IT WAS THAT WAS GOING TO GO THERE.

SO WE DON'T THINK IT'S UNREASONABLE TO REQUEST NEXT SLIDE PLEASE.

SO RIGHT NOW WE FEEL LIKE THE USE OF WHAT THIS PROPERTY IS OTHER THAN WHAT, UH, MR. HART SAID, UH, WE DON'T HAVE A NEIGHBORHOOD PLAN OR AREA, UH, OR AREA PLAN.

SO WE'RE ASKING FOR SOME KIND OF CLARITY SO WE CAN UNDERSTAND THE IMPACT.

THE ONLY INDICATION WE'VE GIVEN IS MF.

WE FEEL IN O M YOU AT THE MOST WOULD MATCH THE SURROUNDINGS AND GIVE MR. HART WHAT HE SAID HE WANTED THE GEO M U IS, UM, IN OUR OPINION, UH, NOT A REQUIREMENT FOR THE BEST LAND USE.

THAT'S MY PRESENTATION.

ANY QUESTIONS? THANK YOU.

THANK YOU.

ARE WE, AM I ABLE TO ASK A QUESTION? OH, UM, YES.

AFTER THERE'S A REBEL, THERE'S A REBUTTAL THAT THEN YOU CAN ASK.

OKAY.

CERTAINLY.

UM, THANK YOU.

WE'LL NOW HEAR FROM MR. TOM SMITH.

OH, THERE'S MORE SPEAKERS.

I'M SORRY.

THANK YOU.

SORRY ABOUT THAT, MR. SMITH.

YES.

MY NAME IS TOM SMITH.

UM, I'M ALSO PART OF 22, 22 KONA.

AND I ALSO LIVE IN LONG CANYON, WHICH IS THE NEIGHBORHOOD THAT'S IMMEDIATE WEST OF THIS PROPERTY, FIRST NEIGHBORHOOD WEST OF THE PROPERTY.

SO I'M VERY FAMILIAR WITH IT.

AND WE ALSO HAVE A PRIVATE RESTRICTIVE COVENANT THAT WE ENFORCE ON ALL OF THE, UH, THE PROPERTY THERE UNDER, UH, SECTION TWO, WHICH IS LOTS 1, 2, 3, AND FOUR AND FIVE, ACTUALLY.

UM, SO WE HAVE LITIGATED IN THE PAST, UH, WHEN THE APARTMENTS WERE BUILT ON THE PREVIOUS AGENDA ITEM.

SO MY, I SHARE SOME OF THE SAME CONCERNS THAT, UH, MS. BAILEY JUST, UH, UH, EXPRESSED, UM, WITH THE UPS OWNING WITHOUT THE CERTAINTY ON WHAT'S GOING TO BE BUILT.

I'M NOT GOING TO ARGUE AGAINST IT BECAUSE WE HAVEN'T SEEN A SITE PLAN.

WE HAVEN'T SEEN WHAT THE DEVELOPMENT PLANS ARE.

MY MAIN CONCERN IS, UM, BEING DISMISSED ON USING THE VAUNT RANCH ROAD AS THE ACCESS.

SO PROPOSING ANOTHER CUT INTO 20 TO 22, I THINK CREATES A REAL PUBLIC SAFETY ISSUE ON A HEAVILY TRAVELED ARTERY IN THE AREA.

AND ALTHOUGH I HAVEN'T DONE ANY SURVEY OR TYPOLOGY A REVIEW OR WHAT THE CODES ARE FOR ACCESSING THE VAULT RANCH ROAD, I WOULD REQUEST THAT WE PUT A CONDITIONAL OVERLAY ON THIS ZONING REQUEST TO RESTRICT ACCESS TO THE VAULT BRANCH ROAD AS THE PRIMARY MEANS OF ACCESS AND PROHIBIT DIRECT 2222 DRIVEWAY ACCESS.

SO THAT'S, THAT'S REALLY ALL I HAVE TO ADD AND I'M AVAILABLE IF THERE'S ANY QUESTIONS.

THANK YOU, MR. SMITH.

NOW WE'RE READY FOR REBUTTAL.

OKAY.

I'D LIKE TO ADDRESS A FEW OF THESE POINTS ON THE TRIP GENERATION NUMBER THAT WAS BROUGHT UP EARLIER, WHEN YOU HAVE MIXED USE ZONING, YOU HAVE THE POTENTIAL FOR MORE THAN ONE LAND USE, AND YOU DON'T KNOW QUITE WHETHER ONE'S GOING TO BE 60, 40 OR 70 30.

SO WHAT WE DID IS WE PICKED WHAT WE THOUGHT WAS THE WORST CASE SCENARIO, AND THAT IS IF IT WAS ALL DONE AS MULTIFAMILY, THAT WOULD GENERATE THE HIGHEST NUMBER OF VEHICLE TRIPS.

SO WE PUT THAT FORTH IN THAT DOCUMENT SINCE WE DIDN'T KNOW WHAT THE MIX WOULD ACTUALLY BE.

SO THAT'S A WORST CASE SCENARIO IN, OH, DOESN'T WORK IN THIS SITUATION BECAUSE OF THE HEIGHT LIMITATION.

THE PREVIOUS COVER IS SO RESTRICTED THAT AN ECONOMICAL DEVELOPMENT OF THE PROPERTY COULDN'T REALLY OCCUR UNDER INNO.

AND

[01:25:01]

THEN ON THE ROAD ACCESS, THAT ACCESS IS JUST IMPOSSIBLE.

IT'S JUST, UH, IT'S, UH, IT'S, IT'S SO INCREDIBLY STEEP THAT YOU COULDN'T POSSIBLY GET THAT PERMITTED, YOU KNOW, AND I DON'T KNOW IF YOU ALL HAVE TRIED THIS BEFORE.

UM, IT'S REALLY DIFFICULT TO GET DRIVEWAY ACCESS PERMITTED ON A STEEP SLOPE, AND THIS ONE IS EXTRAORDINARILY STEEP AND I DON'T SEE HOW WE COULD EVER GET THAT APPROVED.

SO IT'S GOING TO BE NECESSARY FOR US TO ACCESS 20 TO 20, AS YOU KNOW, ACCESS TO 2222 IS REGULATED BY THE HIGHWAY DEPARTMENT.

WE WOULD HAVE TO GO THROUGH THEIR RIGOROUS PROCESS OF GETTING THAT APPROVED BY TECH STOCKS.

AND WE WOULD ANTICIPATE THERE WOULD JUST BE ONE AT ONE ACCESS WHO WOULDN'T ASK FOR MORE THAN ONE, NOR WOULD THEY GIVE IT TO US.

IF WE DID ASK FOR IT, ANY OTHER QUESTIONS THAT I MIGHT BE ABLE TO ENTERTAIN? I DON'T THINK WE HAVE ANY AT THIS TIME, BUT WE MAY HAVE SOME LATER.

THANK YOU SO MUCH.

THOSE ARE ALL THE SPEAKERS.

IS THERE A MOTION TO CLOSE THE PUBLIC HEARING FROM DINKLER SECONDED BY KIELBASA? ALL THOSE IN FAVOR OF CLOSING, THE PUBLIC HEARING IS YOUR HANDS.

THANK YOU.

OKAY.

DISCUSSION.

OH, GO AHEAD, MS. THOMPSON.

THANK YOU, CHAIR.

I WAS JUST GOING TO FOLLOW ON MS. BAILEY'S PRESENTATION AND ASK.

IT SOUNDS LIKE SHE HAD SOME CONVERSATIONS WITH THE LANDOWNER AND WAS CALLING FOR MORE CERTAINTY.

I JUST WAS CURIOUS IF THERE WERE CERTAIN SCENARIOS THAT CAME TO MIND SPECIFICALLY.

NO, IT OFFER THAT SOUGHT AFTER CERTAINTY.

LET ME KIND OF, I MEAN, THIS TO ME IS ALMOST A CASE WHERE I DON'T KNOW.

I HATE TO EVEN SAY THIS, BUT IS THERE ANY BENEFIT TO POSTPONING THIS UNTIL THE FIRST MEETING IN MARCH TO COME UP TO HAVE YOU WORK WITH, UM, MRS. BAILEY, BAILEY, SORRY.

UM, AND COME UP WITH A LIST OF PROHIBITED USES THAT WOULD GO WITH A GEO ZONING SO THAT WE CAN COME BACK AND HAVE, I THINK GEO ZONING IS WASN'T NECESSARY.

CAUSE I DO THINK YOU'RE GOING TO HAVE TO GO VERTICAL IF YOU DO ANY OF THEM, BECAUSE THE LIMIT ON THE COVER.

BUT IF YOU CAN COME BACK AND SAY, HEY, HERE'S ALL THE PROHIBITED USES AND CONSTRAINTS WITHIN THE ZONING AND WORK WITH MS. BAILEY TO COME UP WITH THAT.

WAS THAT SOMETHING THAT YOU THINK WOULD BE VIABLE? I THINK THERE'S SOME MERIT AND ELIMINATING OBJECTIONABLE USES RIGHT ON THE OTHER SIDE, IT'S PREMATURE FOR US TO, TO PRESCRIBE EXACTLY WHAT THIS WILL LOOK.

THIS IS NOT A SITE PLAN.

AGREE.

SO IT'LL HELP YOU GET CLOSER TO CENTER.

WELL, WE COULD, WE COULD, YOU KNOW, IF THERE'S, IF THERE'S A GAS STATION OR SOMETHING, THAT'S, I DON'T KNOW WHAT YOU CAN DO THAT.

AND IT CAN'T DO THAT IN GEO YOU CAN'T DO IT.

SOMEBODY MENTIONED RETAIL.

YOU CAN'T DO THAT.

IF THERE'S SOME OBJECTIONABLE USE IN THERE THAT WE COULD ELIMINATE THAT IN THERE, UM, WHEN YOU REALLY LOOK AT IT, UM, BUT I DON'T KNOW.

THERE'S REALLY NOT A WHOLE LOT IN THERE.

CIVIC USES COMMERCIAL, BUT THERE MAY BE SOMETHING WE COULD COME IN AND CROSS RESTAURANT SOFTWARE DEVELOPMENT, SPECIAL USE PRINTING PUBLIC.

I MEAN, I DON'T KNOW.

THERE MAY BE SOMETHING IN THERE THAT WE CAN COME BACK WITH.

HERE'S SOME, WE WANT TO GO WITH THE GEO ZONING, BUT LIMIT THESE USES.

AND I HATE, UM, I'LL, I'M THE LAST ONE TO SAY THIS POSTPONE SOMETHING, BUT IT'S NOT LIKE WE'RE VERY CLOSE AND IT'S NOT LIKE THEY, THE APPLICANT IS VERY CLOSE AND WILLING TO MEET.

UM, AND, AND SEE IF WE CAN COME TO SOME CONSENSUS ON SOME RESTRICTIONS ON WHICH USES WITHIN THE GEOS, I THINK.

AND I'M SAYING WE CAN DO THAT IF OUR TASK IS TO ELIMINATE OBJECTIONABLE USES.

I MEAN, YES.

YOU KNOW, WE WANT TO HAVE OFFICE BUILDINGS AND RESIDENTIAL THAT'S G O M RIGHT.

THAT'S I DON'T THINK WE'RE COMING BACK TO THE LAND PLAN WE'RE ASKING TO COME BACK WITH, IS THERE SOME THINGS THAT WERE WITHIN THE PERMITTED RESIDENTIAL CIVIC, COMMERCIAL, AGRICULTURAL USE OF THE CAN BE RESTRICTED AND THEN GIVE THEM A MORE LEVEL OF COMFORT SAYING, OKAY, WE'RE GETTING CLOSER TO WHAT WE KNOW WHAT'S GOING TO GO ON.

WE'RE NOT GOING TO COME BACK WITH A SITE PLAN.

I REALIZED THAT WE'RE NOT ASKING FOR THAT.

OKAY.

YEAH.

WITH THAT, WITH THAT DIRECTION, I THINK WE COULD DO THAT.

IT LOOKS LIKE COMMISSIONER THOMPSON HAS HER HAND UP.

DO YOU HAVE ANOTHER QUESTION? I THANK YOU.

COMMISSIONER SMITH.

THAT HAS A WONDERFUL SUGGESTION.

I JUST HAD A QUESTION FOR MS. .

NOW, IF THAT'S APPROPRIATE, TIMING WISE.

THANK YOU, MS. J-PIN.

UM, I WAS CURIOUS ABOUT THE, UM, COULD YOU HELP ME UNDERSTAND THE HILL COUNTRY ROADWAY SEE THE IMPLICATIONS OF ANOTHER ROAD CUTS? AND IS THERE ANY SORT OF INTERACTION WITH THE HILL COUNTRY ORDINANCE THERE? UH, HEATHER CHAFFIN HOUSING AND PLANNING DEPARTMENT,

[01:30:01]

UH, AS MR. KNOWLES SAID, THIS IS A TXDOT ROADWAY, AND THAT WILL BE THE PRIMARY FACTOR, UH, DETERMINING WHETHER OR NOT THEY CAN HAVE ACCESS TO 2222 AND WHERE COULD BE LOCATED HEEL COUNTRY ROADWAY, ORDINANCE.

ISN'T SO MUCH RELATED TO THAT.

IT SETS BUFFERS, VEGETATIVE, BUFFERS, AND SETBACKS FROM 2222.

I'M NOT THE MOST EXPERIENCED ON THIS.

UM, UH, AMBER HUTCHINS OF ATD IS ALSO AVAILABLE.

I DON'T KNOW IF SHE HAS ANYTHING TO CHIME IN ON THAT.

YEAH.

AMBER HUTCHINS, AUSTIN TRANSPORTATION DEPARTMENT, LITTLE COUNTRY ROADWAY ALLOWS YOU TO HAVE ONE CURB CUT PER LOT.

YOU CAN HAVE A, YOU HAVE TO HAVE A 300 FOOT SPACING IN BETWEEN EACH DRIVEWAY.

AND IN ADDITION TO THAT, YOU HAVE TO HAVE A MINIMUM OF 500 FEET OF SIGHT DISTANCE FROM THAT ACCESS.

SO IN ADDITION TO TXDOT APPROVAL, THEY'RE ALSO GOING TO HAVE TO COMPLY WITH THE ACCESS REQUIREMENTS IF THE WHOLE COUNTRY ROADWAY ORDINANCE, AND THAT'S FEASIBLE WITH THIS SITE AS FAR AS YOU KNOW, AT THIS POINT, GENERALLY SPEAKING, YES, I LOOKED AT IT.

IT'S GOT ABOUT 607 FEET OF, UH, ACCESS.

I HAVEN'T DONE ANY SITE.

DOES THIS CALCULATION.

YEAH.

THANK YOU FOR YOUR ATTENTION.

APPRECIATE IT.

SORRY.

UH, MR. GREENBERG, UM, I HAVE A QUESTION OF THE APPLICANT, WHICH IT WAS MENTIONED.

I BELIEVE THAT MR. HART OWNS JASON PROPERTIES.

AND I WAS WONDERING, UM, BECAUSE I DO THINK THE SAFETY ISSUES WITH ANOTHER, UM, ACCESS ON 22, 22, IT'S KIND OF DANGEROUS ROAD.

UM, IS THERE A POSSIBILITY OF SOME SHARED ACCESS WITH PROPERTIES THAT ARE OWNED BY THE SAME PROPERTY OWNER? UNFORTUNATELY, WE'RE UP AGAINST THE SAME PROBLEM.

THE OFFICE BUILDING THAT MR. HART OWNS AND OCCUPIES IS UP ABOVE THIS SITE, AND THERE'S A, DROP-OFF REALLY SIGNIFICANT DROP-OFF THERE.

AND TO CREATE A CONNECTION, THERE WOULD BE EXTREMELY DIFFICULT.

AND I DOUBT THAT WE COULD GET IT APPROVED.

UH, IT'S JUST, IT'S JUST TOO MUCH TO, TO, TO DEAL WITH.

IT'S NOT QUITE AS BAD AS ACCESS TO ROAD, BUT IT IS PRETTY BAD.

I'M DOING THAT.

IF I CAN.

I'M SURE THEY WOULD RATHER HAVE AN INTERNAL ACCESS AS OPPOSED TO THE VERY EXPENSIVE ACCESS.

YEAH.

W W WE, YOU KNOW, WE'D HAVE TO HAVE A MONSTER CUTTING BILL VARIANTS, CONSTRUCTION ON SLOPES.

WE'D HAVE A LOT OF, UH, ENVIRONMENTAL VARIANCES TO WEED THROUGH TO GET THAT.

AND IN THE END, YOU KNOW, IT MIGHT BE JUST REQUEST DENIED.

SO IT'S A QUESTION FOR STAFF.

WE DO SEE THE SITE PLAN ON HILL COUNTRY ROADWAYS, RIGHT? SO WE WILL KNOW WHERE THE ACCESS IS GOING TO BE TAKEN.

YES.

HILL, COUNTRY ROADWAY, I THOUGHT.

AND THAT'S JUST WHAT I WANTED TO MAKE SURE FOLKS KNOW IS THIS WAS GOING TO COME BACK TO US.

UM, AND I REALLY THOUGHT YOUR SUGGESTION ABOUT HAVING THE APPLICANT MEET WITH THE NEIGHBORHOOD ASSOCIATION AS REPRESENTED BY OR MS. BAILEY, EXCUSE ME.

UH, AND, UH, I BELIEVE IT'S KONA WOOD, IF I'M REMEMBERING IT.

RIGHT, RIGHT.

LIKE AUSTIN WATER SHOULD COLLECT THE RESPECTIVE GROUPS.

I THINK WE ALL KNOW WHO THEY ARE AND SEE IF THERE ARE A FEW USES THAT CAN BE PROHIBITED.

I REALLY HATE DOING THAT FROM THE DAY AS I DID THAT ONCE.

AND, UM, I WILL NEVER DO IT AGAIN.

SO I WOULD ACTUALLY MOTION IF IT WAS ACCEPTABLE TO THE PARTIES THAT THIS GET POSTPONED TO THE NEXT MEETING, WHICH IS, CAN I ASK A QUESTION OF THE APPLICANT? I I'LL SECOND THAT OR WHOEVER, AND, AND THAT IS BECAUSE AGAIN, DROVE THE SITE AND, UM, THERE'S THAT CEMETERY IN THE BACK WHERE, UM, HOW FAR, UH, AT BAR RANCH ROAD, AND THEN THERE'S THAT LITTLE STUB OUT, AND THERE WAS A LITTLE CEMETERY AND IT JUST WASN'T REALLY CLEAR WHERE YOUR PROPERTY WAS, BUT IT SEEMED LIKE THAT THAT WOULD BE AN ACCESS POINT ON THE OTHER SIDE, WAY AROUND THE OTHER SIDE, IF THAT, NOW THAT YOU'VE SAID THAT THE SAME PERSON OWNS ALL THAT PROPERTY, BUT BELIEVE ME, WE WILL HAVE LOOKED AT THAT IT'S IN THE CRITICAL WATER QUALITIES, AND I'D RATHER BE SET ON FIRE AND PROPOSE SOMETHING IN THE CRITICAL, NO, I GET IT.

I GET IT.

IT WAS INTERESTING BECAUSE IT STILL HAD A DIRT TRACK THERE.

SO, UM, BUT I HAVEN'T JUST BEEN THERE FOR, YOU KNOW, FOR 50 YEARS OR RIGHT.

WITH THE CEMETERY.

[01:35:01]

YES.

OKAY.

OKAY.

THANKS.

OKAY.

SO THERE'S A MOTION TO POSTPONE TO MARCH 1ST, UH, MADE BY COMMISSIONER DINKLER AND SECONDED BY VICE CHAIR, KIELBASA.

ANY OTHER DISCUSSION, ALL THOSE IN FAVOR OF THE MOTION TO POSTPONE UNTIL MARCH 1ST.

OKAY.

THAT LOOKS UNANIMOUS.

THANK YOU.

GOOD LUCK.

THANK YOU, COMMISSIONER SMITH FOR THAT SUGGESTION.

YEAH.

AND IT'S AN INTERESTING SITE.

YES.

THANK YOU.

OKAY, SO WE'RE MOVING ON TO ITEM C ONE

[C. ITEMS FROM THE COMMISSION]

ITEMS FROM THE COMMISSION.

I DON'T THINK WE HAVE ANY REALLY, UM, D WHERE ARE WE GOING TO GET A BRIEFING, I GUESS THAT COULD BE FUTURE DISCUSSION ITEMS ON, UM, THE ROAD MAP AMENDMENTS MARCH 29, MARCH 29TH.

OKAY.

SO FOR THOSE OF YOU THAT COULDN'T HEAR, WE'RE GETTING A BRIEFING ON THE SMP AMENDMENTS FOR MARCH 29TH, UM, FUTURE AGENDA ITEMS. WE

[D. FUTURE AGENDA ITEMS]

NEED TO, UM, HAVE A WORKING GROUP, OR WE NEED TO TALK ABOUT PUTTING TOGETHER A WORKING GROUP AT OUR NEXT MEETING FOR, TO DISCUSS THE BUDGET.

SURE.

COMMISSIONER OF THE COMMISSION DESIRES, UH, THAT, UM, GOING THAT ROUTE, THAT'S A FORM, A WORKING GROUP.

SO, UM, MARCH 30TH, A IF THE COMMISSION WISHES TO BRING FORWARD A RECOMMENDATION ON THE UPCOMING FISCAL YEAR BUDGET, UM, THAT WOULD BE DUE MARCH 30TH.

UM, DON'T KNOW IF YOU WANT TO FORM A WORKING GROUP OR JUST HAVE IT AS AN ITEM, UM, ON YOUR, I FEEL LIKE LAST TIME COMMISSIONER KING DID A REALLY GOOD JOB.

I DON'T KNOW IF HE'S INTERESTED OR IF OTHERS ARE INTERESTED IN PUTTING TOGETHER SOME RECOMMENDATIONS, I WILL HELP WITH THAT.

OKAY.

ANYBODY ELSE INTERESTED IN PARTICIPATING IN A WORKING GROUP TO LOOK AT THE BUDGET? SURE.

SO IF IT'S A WORKING GROUP, WE'LL HAVE TO PLACE THAT ON YOUR HOUSE AGENDA.

APOLOGIES.

YES, WE WILL PUT IT ON.

SO THINK ABOUT IT.

AND WE'LL TALK ABOUT IT NEXT TIME AT OUR MARCH 1ST AGENDA.

UM, DO I NEED SOMEBODY ELSE TO PUT IT ON THE AGENDA WITH ME? DO I NEED TO I'LL AGREE TO NOT AGREE TO DO.

OKAY.

SO COMMISSIONER SMITH AND I AM MAKING AN ITEM ON MORE THE MARCH 1ST AGENDA.

UM, AND THEN THIS SAYS NOMINATIONS NOMINATED

[E. NOMINATIONS]

MEMBER FOR CONSIDERATION BY COUNCIL FOR THE PURPOSE OF SERVING ON THE COMPREHENSIVE PLAN JOINT COMMITTEE.

SO I DIDN'T REALIZE IT WAS GONNA WAIT UNTIL WE HAD A FULL, I THOUGHT WE WERE GOING TO WAIT.

OH, WELL WE WENT BACK AND FORTH.

YEAH.

ESPECIALLY THAT, WHEN THAT HAS MET, THEY HAVE HAD QUORUM ISSUES OR THEY'VE PRICED ME THE COMPREHENSIVE PLAN.

I DO FEEL LIKE THE, UH, DISTRICT THREE REPRESENTATIVE.

HOW, WHEN DID THE WILL BE ON QUICKLY ISH? YOU DON'T KNOW IT'S ON THE AGENDA.

IT'S ON, IT'S ON THE AGENDA FOR TOMORROW FOR THEM TO PICK SOMEONE.

WELL, THERE'S, I WOULD SAY THERE'S ALREADY PEOPLE HERE WHO ARE, WHO HAVE BEEN ON THE COMMISSION, MAYBE A WAY TO WORK.

IT IS THERE'S PEOPLE WHOSE ARE, WHO HAVE ALREADY, WHO ARE ALREADY ON ZAP NOW WHO DON'T HAVE ASSIGNMENTS, COMMITTEES.

AND SO IF ONE OF THEM WANTS IT, GO AHEAD.

AND, UM, AND THEN WE CAN REVISIT.

YEAH.

OKAY.

YEAH.

SO I THINK OUR COMMISSIONER BOONE, YOU ARE NOT ON A COMMITTEE, IS THAT CORRECT? ALL RIGHT.

COMMISSIONER AFFILIATED, COMMISSIONERS AND COMMISSIONERS THOMPSON AND WOODY.

ARE YOU GUYS ON A COMMITTEE? NO.

NO.

OKAY.

ARE ANY OF YOU INTERESTED IN SERVING ON THE COMPREHENSIVE PLAN JOINT COMMITTEE OR WOULD ANYBODY LIKE TO NOMINATE ONE OF THOSE THREE PEOPLE TO BE ON THE COMPREHENSIVE ONLY IF THEY WANT TO LAND JOINT ANYWAY, WHAT DO THEY MEET? YOU KNOW, WHEN THEY MEET AND, UH, YOU SHOULD MEET EVERY OTHER MONTH, EVERY OTHER MONTH.

IT SAYS WE MET IN JANUARY, PROBABLY AGAIN IN MARCH.

AND WHAT TIME OF DAY YOU LEAVE MIDDLE OF THE DAY AND IT'S DOWN ON 11TH STREET AND YOU CAN GO VIRTUAL.

WE HAVEN'T TRIED VIRTUAL.

WE HAVEN'T DONE A VIRTUAL MEETING, SMALLER AREA PLANNING MET VIRTUALLY.

WE JUST HAVE, WE HAVE, WE'VE ALWAYS HAD ART IN PERSON.

SO, SO IT'S AN ORIGINS IS ALSO MEETS IN PERSON, BUT IT'S ALLOWED, BUT YEAH, NOW IT'S ALLOWED.

I BET I PROBABLY STILL HAVE TO BE THERE THOUGH.

OKAY.

UM, OKAY.

SO WAS THAT INTEREST COMMISSIONER WOODY OR ARE YOU, UM, LET'S JUST WORK.

YEAH.

WE'RE GOING TO GET IN THE WAY.

YEAH, I THINK IT WAS SOMETHING IN THE EVENING OR WEEKEND OR SOMETHING.

YEAH.

I HEAR YA IF NEITHER THE OTHERS OR ARE INTERESTED AT ALL.

OKAY.

SO I NOMINATE COMMISSIONER BOON, SECOND ADVICE, SMITH, ALL THOSE IN FAVOR OF COMMISSIONER BOON, SERVING ON THE JOINT.

[01:40:01]

WHAT IS IT? COMPREHENSIVE PLAN.

JOINT COMMITTEE.

OKAY.

GRADUATIONS MEET EVERY WEEK FOR FIVE HOURS.

ALL RIGHT.

OKAY.

AFTER YOU GET MOMA, WE TELL YOU WHAT WE HAVE TO DO.

SO, SO SPEAKING

[F1. Codes and Ordinances Joint Committee (Chair Barrera-Ramirez, Vice-Chair Kiolbassa, Commissioner Denkler)]

OF COMMITTEES, UM, WE ARE MEETING TOMORROW, THE CODES AND ORDINANCES JOINT COMMITTEE.

WE HAVE SOME EXCITING STUFF ON THERE.

YES.

WE'RE GOING TO BE DISCUSSING WHETHER, UM, THE WHOLE ISSUE, WHETHER YOU CAN, UM, REQUEST AN UPDATE ZONING WITH ONLY ONE, ONE ZONING CATEGORY.

AND THIS WAS TRIGGERED OF COURSE, BY THE PERFECT CUTS LAND SCAPING CASE.

AND I UNDERSTAND THE APPLICANT IN THAT CASE IS COMING TO PRESENT TO THE BODY TOMORROW.

SO IF ANYONE HAS ANY QUESTIONS ABOUT, OR THOUGHTS ABOUT OTHER CONTACT, ONE OF THE COMMISSION MEMBERS, AND THAT WOULD INCLUDE, UM, THE CHAIR, THE VICE CHAIR AND MYSELF.

OKAY.

IT'S ALWAYS FUN TO HAVE PEOPLE ATTEND THE MEETINGS IN PERSON.

UM, WE COMPREHENSIVE PLAN JOINT COMMITTEE.

I HEARD YOU GUYS MET IN JANUARY.

DID YOU SAY THAT? WE DIDN'T HAVE, OH, YOU DIDN'T MEET IN JANUARY.

OKAY.

ACTUALLY, I THINK WE DID MEET IN JANUARY, BUT THINK WE HAVE ANYTHING TO REPORT REPORT.

OKAY.

SMALL AREA PLANNING

[F3. Small Area Planning Joint Committee (Commissioners: Acosta, King and Greenberg)]

JOINT COMMITTEE WE MET LAST WEEK.

OKAY.

AND WE DISCUSS 200 SOUTH CONGRESS.

UM, I THINK DAVID BETTER, UM, REPORT UP WITH THE EQUIVALENT OF FOUR IN THE MORNING TODAY.

NO, NO PROBLEM.

YES.

WE TALKED ABOUT, WE HAD THREE CASES, WHICH WAS A PRETTY FULL AGENDA FOR US AND THERE WAS 200 SOUTH, UH, SOUTH CONGRESS.

UM, AND, UH, THAT WAS, UH, OR, UH, THE, UM, SHARING MATTHEWS, THE OLD SIRI, MATTHEW IS BUILDING THERE.

THAT'S RIGHT ON SOUTH, ON SOUTH CONGRESS AVENUE, RIGHT BY THE RIVER THERE.

SO, UH, WE DID OUR BEST THERE TO TRY TO, UH, YOU KNOW, HONOR THE WATERFRONT OVERLAY, UH, GOALS FOR THAT AREA THERE IN, IN THAT CASE.

AND, AND IN TRYING TO REDUCE THE IMPERVIOUS COVER AND TO ENCOURAGE, UH, PEDESTRIAN ACCESS TO THAT AREA AND CONNECTIVITY TO THE TRAIL.

SO, UH, I THINK THOSE ARE IMPORTANT ASPECTS.

AND THEN WE, UH, DISCUSS THE SOUTH CENTRAL WATERFRONT ITSELF.

THAT WAS ANOTHER CASE THAT WE HAD AND, UH, THAT, THAT THE PLAN ITSELF AND MAKING A RECOMMENDATION ON THAT.

AND I DON'T WANT TO, YOU KNOW, UNTIL WE APPROVE THE MINUTES, I DON'T WANT TO STATE WHAT THE MOTIONS OR WHATEVER WERE, UH, BECAUSE I WANT TO MAKE SURE THAT THE, YOU KNOW, THE MINUTES ARE APPROVED FIRST ACCURATELY REFLECT WHAT WE DID.

UH, AND THEN WE LOOKED AT THE CASE, THE AUSTIN PUBLIC SAFETY WELLNESS CENTER AT FIVE 17 SOUTH PLEASANT VALLEY ROAD.

AND, UH, THAT WAS VERY INTERESTING BECAUSE WE WANTED TO MAKE SURE THAT THE CITY WAS DOING ITS PART TO DO, UH, TRAFFIC DEMAND MANAGEMENT, AND ALSO, UH, REDUCE IMPERVIOUS COVER ON CITY OWNED PROPERTY AND ENGINE COURAGE, UH, TRANSIT AND BICYCLE LANE.

SO THAT WAS AN INTERESTING CASE AS WELL.

SO ANYWAY, HOPE THAT'S NOT TOO, I BELIEVE WE VOTED ON THAT ONE TO DENY.

YES.

WE, WE VOTED TO DENY THAT ONE BECAUSE THERE WAS SO MUCH AVAILABLE PARKING AND THEY WERE STILL GOING TO BE ABLE TO MEET THE ADA REQUIREMENTS AND PROVIDE, UH, IMPROVED SIDEWALKS FOR ADA ACCESS.

SO WE WERE JUST FOCUSED ON, UH, YOU KNOW, THE CITY REALLY LOOKING AT HOW THEY COULD REDO SOME BIRDIE DISCOVER AND UTILIZE EXISTING PARKING IN THAT AREA.

HMM.

INTERESTING.

YEAH.

YEAH.

THAT'S COOL.

CREEK IS ONE OF THE MOST EROSIVE CREEKS IN THE CITY AND ON THE SOUTH CENTRAL WATERFRONT PLAN, WE'RE WORKING ON MAKING SOME RECOMMENDATIONS ON THAT.

WE DIDN'T, WE HAVEN'T FINALIZED THOSE YET.

SO WHEN WE DO, UH, WE CAN REPORT ON THAT.

WELL, THANK YOU VERY MUCH.

SURE.

WHAT ABOUT THE ONION CREEK AND LOCALIZED FLOODING WORKING GROUP YOU DIDN'T MAKE? OKAY.

WELL, THAT'S IT.

THANK YOU.

YEAH.

THANK YOU GUYS.

ALL RIGHT.

THANK YOU, ADIOS.

THANK YOU.

THANKS EVERYONE.

BYE-BYE BYE-BYE