[Call To Order]
[00:00:05]
11 AND I'M GOING TO CALL THIS, UM, ZONING IT, THE HAVING A QUORUM PRESENT.
I'M GOING TO CALL THIS MEETING OF THE ZONING AND PLANNING COMMISSION TO ORDER AT SIX 11 ON TUESDAY, MARCH 29TH.
FIRST, I'M GOING TO TAKE ROLL, UH, COMMISSIONER KOSTA, PRESENTER AND ME
UH, COMMISSIONER DINKLER COMMISSIONER GREENBERG HERE.
YOU MIGHT WANT TO TURN YOUR CAMERA ON.
COMMISSIONER STERN IS NOT HERE.
UH, COMMISSIONER THOMPSON HERE AND COMMISSIONER WOODY ALSO DOESN'T SEEM TO BE HERE.
DO WE, WE DON'T HAVE ANY CITIZENS COMMUNICATION DO WE NOW? OKAY, SO FIRST WE'LL GO THROUGH APPROVAL OF THE MINUTES.
UM, ANY COMMENTS ON THE MINUTES? NO HEARING NONE.
AND THEN I'M GOING TO GO OVER THE AGENDA.
UM, SO B ONE IS UP FOR DISCUSSION IT'S C 14 20 21 0 1 5 5 LINDHURST REZONING.
AND THEN B TWO IS, UM, OH, WAIT, AM I BREAKING FROM THE RIGHT ONE? YEAH.
SO B ONE IS UP FOR CONSENT? YES.
THAT'S A FAST CHANGING WORLD OVER HERE AT ZONING AND PLANNING COMMISSION.
ITEM ONE WAS MOVED OR APPLIED TO ONE OUT OF 5 29.
IF YOU DIDN'T GET THE
COMMISSIONER
SO GOING BACK B ONE C 14 20 21 0 1 5 5.
REZONING IS UP FOR DISCUSSION B TWO IS NOW CONSENT AND IT'S C 14.
I, I HAVE HAD A REQUEST TO PULL THAT ONE, SO IT WILL ALSO BE A FOR DISCUSSION.
SO THAT'S UM, C 14 20 22 0 0 1 FOR SPRINKLE CUTOFF REZONINGS.
SO WE'LL BE DISCUSSING THAT ITEM.
B3 IS C 14 20 21 0 1 9 3 AT 7,400 SOUTH CONGRESS AVENUE.
AND THE NEIGHBORHOOD HAS REQUESTED A POSTPONEMENT UNTIL APRIL 14TH, 19.
BEFORE IS, UH, C 14 20 22 0 0 0 7 10 TO 58 OLD WOCKHARDT ROAD.
AND THE STAFF HAS REQUESTED A POSTPONEMENT UNTIL MAY 3RD, B FIVE IS A REZONING AT C 14 H 20 21 0 1 6 4 CHRYSLER AIR TEMP HOUSE.
AND THAT IS PULLED FOR DISCUSSION B SIX IS S P 20 19 0 1 0 9 C R ONE, WATER OAK APARTMENTS.
AND THAT IS ON THE CONSENT AGENDA.
B SEVEN IS A SITE PLAN S P 20 20 0 2 6 5 C SOUTH AUSTIN, REGIONAL REGIONAL WASTEWATER TREATMENT PLANT THAT'S ON THE CONSENT AGENDA, B EIGHT SUBDIVISION OUT PRELIMINARY PLANS, C A C 8 20 21 0 0 7 EIGHT.ONE, A SERIALLY COMMUNITY SUBDIVISION AND THAT'S DISAPPROVAL FOR REASONS, UM, LISTED IN THE DEPARTMENTAL COMMENTS AS SHOWN IN THE SUBDIVISION REVIEW SHEET B NINE SUBDIVISION OUT OF PRELIMINARY PLAN C 8 20 20 0 0 3 THREE.ONE EIGHT SADDLE RIDGE AT WILD HORSE RANCH.
SECTION ONE IS DISAPPROVAL FOR REASONS, ALSO LISTED IN THE DEPARTMENTAL COMMENTS, UH, SHOWN IN THE SUBDIVISION REVIEW SHEETS, B 10 IS A PLAT VACATION, C EIGHT S 7 7 1 3 6 VAC AT LARRY JAMISON SUBDIVISION PLAT VACATION.
THAT'S UP FOR DISCUSSION B 11 AS A REPLAT, UM, C EIGHT J 20 21 0 0 8 0 DOT OH, A HIDDEN OAKS ESTATE SUBDIVISION, DISAPPROVAL DISCUSSION DISCUSSION, DISAPPROVAL FOR REASONS.
SO THAT IS ALSO ON THE DISCUSSION AGENDA.
SO TO RECAP, WE HAVE SORRY, ON THE CONSENT AGENDA, B3 POSTPONEMENT TO APRIL 19TH BEFORE POSTPONEMENT TIL MAY 3RD, B SIX B SEVEN B EIGHT B NINE.
[00:05:01]
AND THAT'S IT? YES.COMMISSIONER DINKLER NO ADAM CHAIR.
UH, BEFORE WE VOTE ON THE CONSENT AGENDA, I PULLED THE SPRINKLE, UM, CUTOFF ITEM, WHICH IS AGENDA ITEM TWO.
I WANTED TO POSTPONE THAT CASE UNTIL WE HAD A NEIGHBORHOOD TRAFFIC ANALYSIS.
SO, UM, I'D LIKE TO POSTPONE THAT CASE UNTIL MAY 3RD.
I'M ASSUMING A MONTH TO GIVE US TIME TO GET THAT, BUT I HAVE NOT TALKED TO TRANSPORTATION STAFF OR ABOUT THAT.
DO WE THINK THAT WE WOULD BE ABLE TO GET STAFF FEEDBACK, CHAIR, COMMISSIONER, ALWAYS ON EVER, EVER, IF WE COULD HEAR FROM STAFF MS. HEATHER SHAVEN, THANK YOU.
UH, HEATHER CHAFFIN, UH, HOUSING AND PLANNING.
I DO HAVE A TRANSPORTATION STAFF HERE AND MTA REQUIRES, UH, TRAFFIC COUNTS AND SEVERAL STEPS.
IT IS NOT REQUIRED AT THE TIME OF THIS ZONING OR ATV.
AND I BELIEVE MR. BEATTY COULD ADDRESS THAT IT IS NOT REQUIRED AS PART OF THIS REQUEST.
UM, I SEEM TO REMEMBER THAT IT CAN COMPLY IN ZONING REQUEST.
SO, UM, I WILL NOT SUPPORT THIS ITEM WITHOUT THE MTA.
UH, THAT'S MORE THAN 300 TRIPS.
IT ADJOINS A SUBSTANDARD ROAD OF 22 FEET.
IT'S SURROUNDED BY, UH, INTERIM
AND, UH, THERE SHOULD HAVE BEEN AN NTA.
SO IT SOUNDS LIKE WE MIGHT KEEP IT AS A DISCUSSION ITEM THEN.
CAN I ASK A QUESTION ABOUT THAT? UM, IF IT GOES THROUGH THE SAME LAND PROCESS, IT LOOKS LIKE NORTH AND SOUTH OF THIS SUBDIVISION, THE ROADWAY HAS BEEN WIDENED AND INCLUDES A BIKE LANE, AT LEAST ON THE PAR SOUTH IS A LIKELY THAT DURING THE SITE PLAN PHASE, THEY'D BE REQUIRED TO IMPROVE SPRINKLE CUTOFF ROAD, OR DO WE KNOW, UH, THIS IS CURTIS BEATTY WITH THE AUSTIN TRANSPORTATION DEPARTMENT.
THIS WILL ACTUALLY BE APPLICABLE TO THE STREET IMPACT FEE, IF THEY ARE IMPROVEMENTS ALONG THE PROPERTY, THE, UH, FURNITURE OF THEIR PROPERTY THAT THEY CAN MAKE AND USE AS A CREDIT TOWARDS THEIR STREET IMPACT, THEY, YES, THEY CAN.
OTHERWISE THEY WILL PAY INTO THE STREET IMPACT FEE FOR THIS SERVICE AREA.
SO THE ONLY WAY TO GET THAT DONE WOULD BE TO GET IT TO THE SITE PLAN PHASE, WHICH REQUIRES US TO GO THROUGH IS ONLY FIRST.
UH, WE HAVE HAD NDAS DONE AS PART OF ZONING YEAH.
WHERE THEY HAVE ASKED FOR RIGHT LANE IN RIGHT LANE OUT.
FOR EXAMPLE, MR. THROWER HAD A CASE ON COOPER LANE WHERE THE NTA REQUIRED A, A RIDE TURN IN RIGHT TURN OUT ON COOPER LANE.
UM, IT IS A LONG STRIP LONG STRIP.
IT'S FIFTEEN, A HUNDRED EIGHTY FIVE UNITS, 15 ACRES SUBSTANDARD ROAD.
THE ONLY ACCESS FOR THIS PROPERTY WILL BE ON THAT SUBSTANDARD ROAD.
NOW THERE ARE PLANS TO IMPROVE IT.
I ASKED THAT QUESTION IN FIVE TO 10 YEARS, BUT, UM, I THOUGHT I'D LIKE TO KNOW WHETHER THEY WERE GOING TO, I THOUGHT BEFORE WE APPROVED A HUNDRED, 5 85 UNITS, WE SHOULD REALLY KNOW WHAT THE PROPOSED PLAN AND KEEP IT ON THE DISCUSSION AGENDA FOR NOW.
UM, I HAVE A COMMENT AND SUGGESTION ABOUT B6.
I DON'T WANT TO TAKE IT OFF THE CONSENT AGENDA, BUT I WAS UNHAPPY TO LEARN THAT THIS IS AN ENVIRONMENTAL VARIANCE FOR WORK HAS ALREADY BEEN BUILT.
UM, MY UNDERSTANDING IS THAT THIS IS A RESULT OF A STAFF ERROR, AND I'D LIKE TO ADD A RECOMMENDATION THAT STAFF REVIEW AND REVISE THE APPROVAL PROCESS TO MAKE SURE THIS DOESN'T HAPPEN AGAIN.
IS THAT SOMETHING WE CAN TALK ABOUT FOR FUTURE AGENDA ITEMS? YEAH, ABSOLUTELY.
WHY NOT THIS AGENDA ITEM? I MEAN, I JUST, OKAY.
DO YOU WANT TO PULL IT TOO? WE CAN'T JUST BY CONSENT, ADD A RECOMMENDATION THAT STAFF REVISE THE APPROVAL PROCESS.
THIS IS A ZONING CASE, NOT, I MEAN, THIS, I'M SORRY, THIS IS LIKE, THIS IS A VARIANCE REQUEST, RIGHT.
SO YOU MAY BE ABLE TO DO, DO YOU WANT TO HEAR FROM MISS TALI, UH, PAMELA AB TOTALLY DEVELOPMENT SERVICES DEPARTMENT AND, UH, SO YES, WE ARE WORKING ON MAKING SURE THAT THIS KIND OF THING DOES NOT HAPPEN AGAIN.
IT'S, UM, IT'S BEEN DISCUSSED AND, UH, UM, YEAH, IT WAS, YEAH,
[00:10:01]
KIND OF, UH, IT WAS KIND OF IN THE MIDDLE, I THINK IT GOT CAUGHT IN THE MIDDLE OF A REORG AND GOT SLIPPED SO THAT THE PERSON WHO WAS SUPPOSED TO LOOK AT IT, DIDN'T LOOK AT IT OR, AND IT, ANYWAY, THAT'S KIND OF WHAT HAPPENED.WELL, IF YOU'RE WORKING ON THAT, DEFINITELY, ABSOLUTELY.
WHERE I ASSURE YOU, WE DO NOT WANT THIS TO HAPPEN AGAIN, THEN I'M SATISFIED CAN LEAVE IT ON THE CONSENT AGENDA.
AND THIS IS ALSO ABOUT B6 AND I WANT TO MAKE SURE THAT THE, UH, THE, UH, THE, THE, UH, PROPOSED, UH, CONSENT AGENDA THAT WE RECEIVED AND A PDF, WE WANT TO MAKE SURE THAT IT, I DON'T BELIEVE IT DIRECTLY REFLECTED THAT STAFF DOES NOT RECOMMEND THIS VARIANCE BECAUSE IT DOES NOT NEED THE FINDING OF FACT.
AND IS THAT ACCURATE? ARE YOU STILL TALKING ABOUT THESE SIX? ARE YOU TALKING ABOUT
SO I WANT TO MAKE SURE I WANT IT ON THE RECORD, WHETHER STAC RECOMMENDS THIS VARIANCE OR NOT.
I UNDERSTAND THE ENVIRONMENTAL COMMISSION RECOMMENDED IT, BUT I'M ASKING ABOUT STAFF.
PAMELA WOULD BE TOTALLY AGAIN, DEVELOPMENT SERVICES DEPARTMENT AND, UH, YES.
UH, DAVID, UH, COMMISSIONER KING IS ABSOLUTELY CORRECT.
IT WAS NOT RECOMMENDED BY STAFF, UH, AND IT GOT ONTO THE SCHEDULE INCORRECTLY AND, UM, MY FAULT, NOT, NOT ANDREW'S, UH, BUT, UH, IT WAS, IT WAS, UH, UH, RECOMMENDED BY THE ENVIRONMENTAL COMMISSION.
I JUST WANT TO MAKE SURE THAT THE COMMISSIONERS UNDERSTAND THAT STAFF IS NOT RECOMMENDED EXPERIENCE AND THANK YOU VERY MUCH.
AND I WOULD LIKE TO, IF THIS IS GOING TO STAY ON CONSENT, I WOULD LIKE TO BE SHOWN AS VOTING AGAINST B6 AND ABSTAINING.
ANY OTHER COMMENTS OR MOTION ON THE CONSENT AGENDA? I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA, BUT I NEED TO BE SHOW ME AS SUSTAINING ON ITEM B EIGHT SECOND.
SO MOVE FROM COMMISSIONER SMITH AND SECONDED BY VICE CHAIR.
CABASA DO I NEED TO READ THEM AGAIN SO WE KNOW WHAT WE'RE GOING OVER.
THAT'S A PROJECT WE'RE ACTUALLY WORKING ON OUR, OUR FARMERS.
I THINK IT WOULD BE HELPFUL TO READ IT AGAIN.
SO WE HAVE B3 POSTPONED UNTIL APRIL 19TH, BEFORE POSTPONED UNTIL MAY 3RD, B SIX IS ON THE CONSENT CONSENT AGENDA WITH THE DISCUSSION ABOUT STAFF ADDRESSING ANY, UM, ISSUES WITH THE PROCESS AND THAT IT WAS NOT RECOMMENDED BY STAFF B SEVEN IS ON THE CONSENT AGENDA, B EIGHT AND B NINE.
SO THE CONSENT AGENDA IS TO PROVE IS ON B6 IS TO APPROVE STAFF RECOMMENDATION AND STAFF DOES NOT RECOMMEND THIS.
I WANT TO MAKE CLEAR WHAT ENVIRONMENTAL VARIANCE, THE ENVIRONMENTAL VARIANCE TO APPROVE IT, TO APPROVE IT.
SO COMMISSIONER
AND ALSO THAT, SO I DO WANT TO BE SHOWN IS VOTING NO ON THIS ITEM.
AND I'M SORRY TO HEAR ONE MORE THING.
UH, UH, COMMISSIONER SMITH ABSTAIN ON WHICH ITEM I'M RECUSING MYSELF.
ALL THOSE IN FAVOR OF THE MOTION OF APPROVAL OF THE CONSENT AGENDA CHAIR.
I ALSO WANTED TO ABSTAIN ON B6.
YOU'RE GETTING INTO NOT APPROVAL.
THEN WE DON'T HAVE ENOUGH PEOPLE TO PASS THAT ITEM CONSENT AGENDA COMMITTEE PEOPLE REFUSAL OVER WITH YOU'RE ABSTAINING STAINING.
SO WE HAVE 1, 2, 3, 4, 5, 6, WHO ALL IS ABSTAINING ON ADAM B6? JUST KING AND THOMPSON.
SO THAT'S BUT WE'RE ON 2, 3, 4, 6 OF US ARE VOTING.
SO ALL THOSE IN FAVOR OF THE CONSENT AGENDA WITH, UM, SO UNION MIS WITH, UM, THOMPSON AND KING ABSTAINING ON B6 AND SMITH.
UM, OF STANDING ON V6 AND SMITH RECUSING HIMSELF OF V8.
COMMISSIONER, DID WE VOTE? YES, WE DID.
[B1. C14-2021-0155 - Lyndhurst Rezoning; District 6]
OKAY.[00:15:01]
PLANNING DEPARTMENT.THIS IS ITEM B ONE, WHICH IS KC 14, 20 21 0 1 5 5 LINDHURST REZONING.
THIS IS LOCATED AT 1 3, 4, 2, 4 LYNN, HER STREET, AND 1 3, 4, 4, 3 NORTH
THE REQUEST IS FROM GRC O AN INTERIM SF TWO TO CSME ZONING.
THE STAFF RECOMMENDS GRM U C O ZONING TO COMMUNITY COMMERCIAL MIXED USE CONDITIONAL OVERLAY.
THE CONDITIONAL OVERLAY WILL PROHIBIT THE FOLLOWING USES ON THE PROPERTY AUTOMOTIVE SALES BAIL BOND SERVICES, COMMERCIAL OFF STREET, PARKING DROP-OFF RECYCLING COLLECTION FACILITY, EXTERMINATING SERVICES, OFFSITE, ACCESSORY PARKING, PAWNSHOP SERVICES, AND PERSONAL IMPROVEMENT SERVICES.
THE PROPERTY IN QUESTION IS AT 1.73 ACRE AREA THAT CONSISTS OF TWO UNDEVELOPED, LOTS THAT FRONT ONTO LYNN, HER STREET AND NORTH FM SIX 20 ROAD ACROSS THE STREET TO THE NORTH AT THE NORTHWEST CORNER OF LYNDHURST AND FM SIX 20.
THERE IS A FORMER SERVICE STATION THAT IS NOW BEING UTILIZED FOR A LONG CARE COMPANY AND AN ELEMENTARY SCHOOL COURSE, NORTH ELEMENTARY SCHOOL TO THE SOUTH.
THERE'S A MULTIFAMILY DEVELOPMENT AND A RELIGIOUS ASSEMBLY USE THE PROPERTY TO THE WEST IS ZONED ELO AND IS DEVELOPED WITH AN OFFICE IN THIS REVISED PER ZONING CASE.
THE APPLICANT IS NOW REQUESTING CSM USE ZONING TO DEVELOP A CONSTRUCTION SALES AND SERVICES.
AT THIS LOCATION, THE STAFF IS RECOMMENDING GRM UCO OR THIS PROPERTY BECAUSE THE PROPERTY MEETS THE INTENT OF THE DISTRICT.
ZONING IS CONSISTENT WITH THE SURROUNDING LAND USE PATTERNS.
AS THERE IS EXISTING GRC ZONING TO THE EAST AND ELO, AND
AS THE PROPERTY IS LOCATED ON A LOCAL COLLECTOR AND WAY AT THE ENTRANCE TO A RESIDENTIAL NEIGHBORHOOD ACROSS LAND, HER STREET FROM AN ELEMENTARY SCHOOL, THE PROPOSED CEO IS CONSISTENT WITH THE CONDITIONAL OVERLAY FOR THE PROPERTY TO THE EAST ACROSS LYNN, HER STREET THAT WAS APPROVED IN CASEY 14, 2009 0 1 1 0, WHICH WAS AMERICAN ADVENTURES RENTALS, WHICH WAS A RV RENTAL BUSINESS THAT HAS NOW GONE OUT OF BUSINESS, WHICH HAS BEEN REPLACED BY A LANDSCAPING COMPANY.
THE STAFF RECOMMENDS PROHIBITING THE MORE INTENSIVE COMMERCIAL USES ON THE PROPERTY.
AS THESE USES ARE NOT COMPATIBLE WITH RESIDENTIAL USES AND ADJACENT TO A PUBLIC SCHOOL.
THE SITE DOES NOT MEET THE INTENT OF THE CS DISTRICT AS IT IS NOT LOCATED AT A MAJOR INTERSECTION.
THE STAFF SUPPORTS THE ADDITION OF THE IMMUNE MIXED USE COMBINING DISTRICT ON THIS PROPERTY, AS THIS WOULD ALLOW FOR ADDITIONAL RESIDENTIAL DEVELOPMENT IN THIS AREA, THE PROPOSED IN YOU GRM UCS ANYMORE, PERMIT THE APPLICANT TO REDEVELOP THE PROPERTY WITH RESIDENTIAL OFFICE CIVIC AND LOW-INTENSITY COMMERCIAL USES THAT WILL PROVIDE SERVICES TO THE SURROUNDING COMMUNITY.
AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
NOW WE'LL HEAR FROM THE APPLICANT MS. VICTORIA, HASI GOOD EVENING.
COMMISSIONERS VICTORIA HASI WITH THROWER DESIGN ON BEHALF OF THE LANDOWNER, AS SHERRY WAS MENTIONING, THE SUBJECT SITE IS ABOUT 1.7 ACRES OF UNDEVELOPED LAND.
IT DOES HAVE FRONTAGE ON THE COMMERCIAL HIGHWAY.
THAT IS A SIX 20 AS WELL AS FRONTAGE ON LYNDHURST.
THE REQUEST FOR REZONING WAS SOUGHT TO ACCOMMODATE THE EXPANSION NEEDS OF A LOCAL PEST MANAGEMENT AND LAWN CARE COMPANY HERE IN AUSTIN.
THE SUBJECT, THE SUBJECT SITE IN BLUE SHOWS THE RELATIONSHIP TO THE IMAGINE AUSTIN COMPREHENSIVE PLAN ELEMENTS.
THE SITE IS WITHIN THE REGIONAL CENTER, UH, THAT IS INTENDED TO ACCOMMODATE THE GREATEST DENSITY AND VARIETY OF USES.
THIS IS A MAP ZONING MAPS, SHOWING CONTEXT WITH THE ZONING OF THE PROPERTIES IN THE AREA.
THE REQUESTED ZONING IS CONSISTENT WITH SIMILARLY SITUATED, SITUATED PROPERTIES WITH FRONTAGE ALONG THE COMMERCIAL HIGHWAY, AND EXTENDING AWAY FROM THE COMMERCIAL FROM THE HIGHWAY WITH A SUBSTANTIAL DISTANCE.
SO THE PORTION OF THE SITE THAT HAS
[00:20:01]
GR ZONING TODAY WAS ESTABLISHED WHEN THE PROPERTY WAS ANNEXED IN 1994, THERE IS A CEO THAT RESTRICTS, UH, THE SINGH, UH, SQUARE FEET OF CERTAIN VARIOUS USES.AND THE REMAINDER OF THE SITE IS INTERIM SF TWO, WHICH HAS BEEN THAT WAY SINCE IT WAS ANNEXED IN 19 70, 19 97.
THE SITE IS ONE, A FEW REMAINING PROPERTIES IN THIS AREA THAT DOES NOT HAVE PERMANENT ZONING.
SO THE ZONING REQUESTED FOR THE SITE IS AS PER THE BUSINESS THAT YOU SEE IN FRONT OF YOU, PET CARE AND LAWN PEST CONTROL AND LAWN CARE, THE CITY CLASSIFIES PEST CONTROL AS EXTERMINATING SERVICES, WHICH REQUIRES GR ZONING OF WHICH A PORTION OF THE PROPERTY DOES HAVE TODAY, AS DISCUSSIONS WITH THE NEIGHBORHOOD EVOLVED, UH, THEIR CONCERNS FOR PEST CONTROL CHEMICALS AND QUESTIONS ABOUT BUSINESS OPERATIONS OF OUR CLIENT REVEALED GREATER DETAIL ABOUT HOW THE SITE WAS PROPOSED TO BE USED, WHICH IS A SECOND LOCATION INTENDED TO HOUSE EQUIPMENT AND VEHICLES RELATED TO LAWN CARE.
UH, THE LAWN CARE BRANCH OF THEIR BUSINESS, WHICH ACCOUNTS FOR 85% OF SERVICES RENDERED THE LAND DEVELOPMENT CODE DOES NOT EXPRESSLY CLASSIFY LAWN CARE AND LANDSCAPING USES.
AND IT HAS BEEN DETERMINED BY STAFF THAT CONSTRUCTION SALES AND SERVICE IS THE USE THAT WOULD BE REQUIRED TO ACCOMMODATE, UH, UH, USE ASSOCIATED WITH LAWN CARE.
AFTER FINDING THIS OUT, WE APPROACHED THE CITY, OR WE APPROACHED THE NEIGHBORHOOD.
WE PURCHASED THE NEIGHBORHOOD ABOUT THE IDEA OF, UH, APPLYING FOR C US ZONING, BUT ADDING A CONDITIONAL OVERLAY THAT WOULD PROHIBIT PEST CARE OR EXTERMINATING SERVICES, PEST CONTROL SERVICES BY WAY OF CEO.
AND THAT WAY THEY DO HAVE THE ABILITY TO UTILIZE THE PROPERTY AS THEY ORIGINALLY INTENDED TO.
UM, AND ALSO ADDRESSING THE NEIGHBORHOOD'S CONCERNS.
UNFORTUNATELY, WE'RE NOT ABLE TO COME TO A WORKABLE SOLUTION WITH THE NEIGHBORHOOD SO THIS IS A MAP SHOWING PROXIMITY OF THE SITE TO THE NEARBY CREEK AND CREEK BUFFERS, WHICH IS HIGHLIGHTED IN BLUE.
THE NEIGHBORHOOD, UM, SHIFTED THEIR CONCERNS TOWARDS LAWN CARE FERTILIZERS, AND THE IMPACT THAT THOSE HAVE ON THE CREEK SYSTEM.
AND I QUESTION IF THE PROPOSED, UH, USE THAT WE'RE ASKING FOR HERE HAS ANY GREATER IMPACTS THAN ALL THE SINGLE FAMILY PROPERTIES THAT ARE IN THE WATERWAY SETBACK AND USE LAWN CARE PEST MANAGEMENT CHEMICALS BOUGHT FROM LOWE'S OR HOME DEPOT ALONG THOSE SAME LINES, CHEMICALS OF THAT KIND ARE SAFER BEING HANDLED BY LICENSED PROFESSIONALS OVER THE AVERAGE HOMEOWNER OKAY.
THIS IS A LITTLE ODD CAUSE EVERYTHING SEEMS TO BE OUT OF ORDER.
I THOUGHT THAT THIS WASN'T INCLUDED IN HERE.
SO THIS IS A 1997 SITE PLAN THAT WAS COME RU APPROVED FOR THE SITE.
UH, AND IT DOES IDENTIFY TWO STRUCTURES ON THE LOW ON THE SUBJECT PROPERTY, BOTH WAREHOUSE, UH, COMMERCIAL STRUCTURES.
SO THE REALITY IS THAT THERE ARE MORE HOMES AND COMMERCIAL DEVELOPMENTS COMING TO THE AUSTIN AREA AND ALL OF WHICH HAVE A NEED FOR SERVICES THAT OUR CLIENT PROVIDES, WHICH IS EVIDENT AS THEIR BUSINESSES THRIVING.
AND THEY DO NEED ROOM FOR EXPANSION.
OUR CLIENT SERVICES, NEARLY A HUNDRED PROPERTIES IN THIS ZIP CODE ALONE.
THIS SITE WAS PURCHASED FOR THE ADDITIONAL SPACE FOR THE LAWN CARE USE.
AND IF CS CAN BE ACHIEVED, OUR CLIENT IS WILLING TO PROHIBIT THE PEST MANAGEMENT USE THAT THE NEIGHBORHOOD HAD CONCERNS ABOUT.
I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU HAVE.
NOW WE'LL HEAR FROM THE, UH, OPPOSITION, MR. MARTY COCHRAN, IF YOU'LL SELECT STAR SIX AND PROCEED WITH YOUR REMARKS,
[00:25:03]
SURE DON'T BELIEVE I HAVE HIM ON THE LINE.UM, SHOULD HE CALL IN? UM, WE CAN CERTAINLY, UM, BRING IT BACK ON IF YOU NEED BANK.
SO WE'LL CONTINUE WITH THE DISCUSSION AND THEN YOU'LL LET ME KNOW.
HOW ARE YOU ABLE TO HEAR IF THEY, IF HE CALLS BACK OR CORRECT? YES, THEY'LL APPEAR ON MY SCREEN NOW.
SO THEN SINCE THERE'S NOTHING TO REBUT, WE'LL HOLD THAT REBUTTAL UNTIL IN CASE HE CALLS WHILE WE'RE DISCUSSING THE CASE, IS THIS EXTRAORDINARY? YOU LOOK LIKE YOU'RE GOING TO SAY SOMETHING.
YOU MAY WANT TO TAKE UP THE REBUTTAL AT THIS TIME.
YOU DON'T HAVE ANYTHING TO SAY.
OKAY, WELL, LET'S START WITH THE DISCUSSION THEN.
WELL, WE HAVE TO CLOSE THE PUBLIC HEARING.
ARE THERE ANY QUESTIONS FROM ANYONE DIAS OR ON THE TV? OKAY, GO AHEAD.
NOT EXACTLY, BUT VERY SIMILAR TO CASE.
WE HAD A COUPLE OF WEEKS AGO WHERE SOMEONE, THEY HAD AN EXISTING SITE, THIS WAS NOT AN EXISTING SITE.
UM, BUT WHAT THEY WANT TO DO, DOESN'T FIT INTO A SINGLE ZONING CATEGORY.
UM, YOU KNOW, IT'S FRUSTRATING THAT WE CAN'T FIND ONE CATEGORY TO PUT THEM INTO, TO DO, BECAUSE I THINK YOU'RE GOING TO SEE A LOT OF FACILITY THAT DO PESTICIDE AND LAWN CARE TOGETHER BECAUSE IT MAKES SENSE.
I MEAN, WE DO THE SAME THING IN OUR HOUSE.
WE HAVE ONE COMPANY THAT DOES BOTH, BUT THEY CAN'T RUN OUT OF ONE FACILITY WITH ONE SINGLE ZONING.
UM, THE ONLY THING THAT SEEMS TO WORK AS THEY SUGGEST WOULD BE TO DO THE GR, BUT ALLOW THE EXTERMINATION SERVICES IN THAT, THAT'S WHAT I'D BE MOST COMFORTABLE WITH AS OPPOSED TO GOING TO THE CS.
CAUSE THE CS IS A HIGHER ZONING, BUT DOING THE GR, BUT REMOVING THE RESTRICTIONS ON EXTERMINATION SERVICES, UM, THAT'S KIND OF WHERE I'M LEANING.
LEAVE THE MUN, BUT NOT INCLUDE THE EXTERMINATION SERVICES IN THE EMU.
MR. LADIES, IS THAT SOMETHING WE CAN DO? I THOUGHT WE HAD TO GO UP AND THEN RESTRICT DOWN.
SO EXTERMINATING SERVICES IS A USE THAT IS PERMITTED IN THE GR DISTRICT.
THIS SIMPLY RECOMMENDING THE CONDITION IN THE CONDITIONAL AVALANCHE PROHIBITED.
RIGHT? HOWEVER, IT IS WITHIN THE COMMISSION'S PURVIEW OF COURSE, TO RECOMMEND GRC L G R M U C L, BUT PERMIT ADD BACK, UH, EXTERMINATING SERVICES AS A PERMITTED USE.
SO WE'RE NOT, WE'RE ADDING A BACK OR NOT REMOVING IT, HOWEVER YOU WANT TO LOOK AT IT, BUT THAT'S KIND OF WHAT I'M LEANING TOWARDS IS ALLOWING THE GR, WHICH IS WHAT'S ADJACENT, INCLUDING THE, THE CONDITIONAL OVERLAY, BUT NOT INCLUDING EXTERMINATION SERVICES AS PART OF THAT CONDITIONAL OVERLAY.
AND, UH, ANY OTHER QUESTIONS, COMMISSIONER GREENBERG, YOU LOOK LIKE YOU.
AND THIS IS A QUESTION FOR STAFF, UM, WILL THIS, UH, SITE BE REQUIRED TO, UH, PARTICIPATE IN THE STREET IMPACT? THE WILL? I WOULD ASSUME SO AT THE TIME OF SITE PLAN, AS WE ARE NOT REVIEWING SITE PLANS AT THIS TIME, I CAN NOT SPEAK TO THEM.
AND THE REASON I ASK IS BECAUSE THERE'S A COMMENT IN THE BACKUP WHERE THIS, THAT THIS SIDE IS WITHIN THE AREA COVERED BY SB 1396.
I JUST WANT TO MAKE SURE DOES THAT MEAN IT'S STILL, IT'S NOT EXEMPT FROM THE STREET IMPACT FEE THEN I, I CANNOT SPEAK TO THAT.
THAT WOULD HAVE TO BE SOMETHING THAT WOULD BE ADDRESSED BY TRANSPORTATION.
SO, UH, IN CASE THE, YOU KNOW, AND I HOPE EVERYBODY GOT A CHANCE TO READ THAT IS THAT, UH, IT SAYS THAT THE CITY MAY NOT DENY LIMIT DELAY OR CONDITION THE USE OF THE LAND DEVELOPMENT LAND BECAUSE OF TRAFFIC OR TRAFFIC OPERATIONS THAT WOULD RESULT FROM THE PROPOSED USE OR DEVELOPMENT OF THE LAND.
SO, SO I'M NOT THAT MY READING OF THAT DOESN'T MEAN THAT THEY WOULD BE EXEMPTED FROM THE STREET IMPACT FEE, BUT I'M NOT SURE.
I JUST, I THINK THAT'S IMPORTANT TO KNOW BECAUSE WE'RE GOING TO APPROVE DEVELOPMENT THAT DEFINITELY WILL IMPACT THE TRAFFIC.
AND SO I THINK THAT'S IMPORTANT FOR US TO KNOW WHETHER THAT, WHETHER THAT BILL, THAT BILL THAT'S LEGISLATION PROHIBITS THE STREET IMPACT FEE FROM BEING COLLECTED FOR THIS SITE.
I THINK THAT'S IMPORTANT IN CASES THAT COME FORWARD THAT ARE IN THIS SAME AREA WHERE THIS BILL APPLIES.
I THINK THAT WOULD BE HELPFUL FOR US TO KNOW AS PART OF THE STEP BACKUP.
I UNDERSTAND THAT THE STATE BILL FROM THE HISTORY THAT WE'VE HAD WITH CASES IN THIS AREA, THE STATE BILL AFFECTS THAT WE CANNOT LIMIT THE AMOUNT OF TRIPS ON THE SITE.
[00:30:02]
WE CANNOT REQUIRE A TA IN ZONING AND THE LAND USE DETERMINATION.I DO NOT KNOW HOW THAT FOLLOWS AT THE SITE PLAN PHASE OF DEVELOPMENT.
OKAY, WELL MAYBE WE COULD GET SOME INFORMATION ON THAT FROM STAFF AS A, AS AN LETTER TO US, MAYBE FROM, FROM, YOU KNOW, UM, WE'LL HAVE TO SEE, YOU KNOW, FOR FUTURE CASES, JUST GENERALLY HOW THIS BILL INTERACTS WITH THE STREET IMPACT FOR YOU JUST GENERALLY I CAN GET WITH AUSTIN TRANSPORTATION DEPARTMENT.
OBVIOUSLY WE HAVE CURTIS BEATTY WITH US HERE, BUT I'M SURE HE'S NOT VERY FAMILIAR WITH THIS PAINT.
CAUSE IT WAS NOT ONE OF THE ONES THAT WE HAD DISCUSSED.
HOWEVER, I CAN ASK THEM TO LOOK AT THAT STATE BILL ON THE IMPACT IT WOULD HAVE AT THE TIME OF CYCLING.
AND, UH, MR. WADE, THANK YOU SO MUCH.
I UNDERSTAND THAT WE DON'T HAVE THAT INFORMATION RIGHT NOW.
I'M JUST SAYING ON A GOING FORWARD BASIS, IF WE COULD, MAYBE WE COULD GET SOMETHING FROM LEGAL THAT SAYS YAY OR NAY AS TO WHETHER OR NOT, YOU KNOW, ZONING CASES IN THIS AREA THAT ARE COVERED BY THE SB.
THIS BILL WOULD BE EXEMPT FROM STREET IMPACT JUST GENERALLY SPEAKING, NOT ANY SPECIFIC CASE.
I APPRECIATE YOUR INFORMATION.
AND ALSO I DO HAVE ANOTHER QUESTION.
IT SAYS THAT WHEN I LOOKED AT THE PROPERTY PROFILE ON THIS, THIS SIDE, WHICH IS VERY HELPFUL AS OUR CHAIR HAS REPEATED, HAS STATED IN PREVIOUS MEETINGS, UM, THAT THE NORTHEAST QUARTER OF THIS SIDE HAS GREATER THAN 15% SLOPE.
AND SO I WONDER IF, UH, IT IS THE, IS A VARIANCE MAYBE ANTICIPATED OR REQUIRED FOR THIS DEVELOPMENT.
AGAIN, YOU'RE ASKING A QUESTION ABOUT CYCLING.
YEAH, JUST LAND USE RIGHTS AT THIS POINT, WE'RE LOOKING AT USES AND SITE DEVELOPMENT STANDARDS, BUT THE SLOPES WILL BE LOOKED AT AT THE TIME OF SITE PLAN DEVELOPMENT.
AND MY LAST QUESTION IS ABOUT THE 2021 ASM P STREET NETWORK AMENDMENTS.
AND I WAS WONDERING HOW, UH, LYNN, HER STREET IS GOING TO BE, UH, AFFECTED BY THE PROPOSED, UH, S AND P AUSTIN STRATEGIC MOBILITY PLAN STREET NETWORK AMENDMENTS.
AND MAYBE IF THEY MAYBE COULD ADDRESS THAT, UM, I CAN'T ADDRESS THAT.
THAT WAS NOT PART OF THE SITE OR THE TRANSPORTATION COMMENTS ON THIS CASE.
OH, IS THERE SOMEBODY FROM TRANSPORTATION HERE THAT MIGHT KNOW THAT, UH, CURTIS BEATTY AGAIN FROM ATD IS HERE, HOWEVER, HE IS NOT FAMILIAR WITH THIS CASE, HE'S HERE ON OTHER ITEMS ON THE AGENDA.
AND IF THAT WAS NOT PART OF THE, UH, COMMENTS THAT WERE PROVIDED BY THE TRANSPORTATION STAFF, THAT'S WHERE THAT WOULD COME FROM.
AND I THINK AGAIN, GOING FORWARD, IF WE HAVE CASES THAT, WHERE THERE ARE STREETS THAT ARE GOING TO BE IMPACTED BY POTENTIALLY IMPACTED BY THE ASAP AMENDMENTS, THEN I THINK THAT'S GOOD INFORMATION TO KNOW, AND I WILL FOLLOW UP WITH THE FUTURE CASES WITH EMAILS IN ADVANCE ON THAT.
I APPRECIATE YOUR INFORMATION.
AND MR. RIVERA HAS INFORMED ME THAT WE HAVE THE SPEAKER ON THE LINE, SO HE WILL HAVE THREE MINUTES, SIX MINUTES.
WELL, MR. HALL FELLOW, THIS IS BARKHORN.
MY CELL PHONE DROPPED THE CALL EARLIER THAT I'M CONNECTED TO YOUR NOW ON MY LANDLINE.
I'M THE OWNER OF THE, UH, YOU KNOW, 1 0 4 AND THE CONDO BUILDING CLOSEST TO THE TRACK SUBJECT TRACK.
UM, I'M SURE YOU'VE ALL SEEN ON THE PICTURES.
WE HAVE EIGHT BUILDINGS, UH, 68 CONDOS.
I MAINLY WANT TO MAKE THE POINT HERE IN CASE THERE'S ANY DOUBT THAT WE ARE A RESIDENTIAL AREA TO THE WEST BEYOND THE STATE FARM OFFICE THAT WAS MENTIONED IN THE STAFF REVIEW, THERE'S ACTUALLY A LARGER APARTMENT COMPLEX.
UM, AND THE INVITATION INVITATION TODAY'S MEETING ACTUALLY SAYS QUITE PLAINLY THAT THE CFMU THAT THE OWNER REQUESTED IS INCOMPATIBLE WITH RESIDENTIAL ENVIRONMENTS.
I'M READING THAT AS A LAYMAN, I'M TAKING IT LITERALLY.
AND AGAIN, I'M TRYING TO MAKE THE POINT THAT WE ARE A RESIDENTIAL ENVIRONMENT.
UM, I'M THE OWNER I'VE BEEN HERE 12 YEARS AND, UM, WE HAVE OVER A HUNDRED PEOPLE LIVING HERE IN THE CONDOS EVERY YEAR.
IT GETS HARDER TO GET OUT UNDER THE, OR ACCESS TO THE, UM, SIX 20 TOLL ROAD.
UM, CERTAINLY DO NOT WANT TO SEE YOU IN A HEAVY INDUSTRIAL USE JUST NORTH OF US HERE.
AND SO I APPRECIATE THE COMMENTS EARLIER ABOUT FINDING A WAY TO, UM, USE A LESS RESTRICTIVE ZONING, BUT STILL PROHIBIT THE, UM, THE MOST INTENSIVE USES.
SO I'VE JUST POINTED EVERYBODY TO WHAT THE STAFF SAID THAT THE SITE IS COMPATIBLE WITH THE LESS INTENSIVE USES.
COMMISSIONER DINKLER DID YOU HAVE A COMMENT? OKAY.
UM, I'M JUST GOING TO, THERE WE GO.
UM, THIS, UH, SUSPECT THE APPLICANT CAN ANSWER THIS.
DOES THIS TRACK ACTUALLY HAVE ACCESS TO SIX 20 OR IS THERE A SIGNAL AT LYNDHURST OR IS THE ACCESS
[00:35:01]
YOU'VE MENTIONED? THERE WAS FRONTAGE ON BOTH SIX 20 AND LYNDHURST.I WANTED TO KNOW IF THERE'S ACCESS ON SIX 20 CURRENTLY RIGHT NOW, THERE IS NOT ACCESS DIRECTLY FROM THIS TRACT TO SIX 20.
HOWEVER, THE SUBDIVISION OF THESE TWO, UH, OF THE SUBJECT AREA, UH, REQUIRED THAT THERE BE A JOINT USE ACCESS TO SIX 20 WITH THE PROPERTY THAT'S IMMEDIATELY ADJACENT TO THE WEST.
UM, AND I THOUGHT I HAD INCLUDED A SLIDE IN MY PRESENTATION, BUT IT WOULD, IT WAS HIGHLIGHTING THAT AREA THAT THE JOINT ACCESS WOULD COME FROM.
AND THERE IS CS ON THE, ON A LONG SIX 20.
I WASN'T SEEING IT IN THE BACKUP AT YOUR MAPS SEEMED TO INDICATE THERE WAS MORE OF IT TO THE WEST THAN I REALIZED, CORRECT? YES, YES, YES.
SO YOU ACTUALLY HAVE THREE MINUTES REBUTTAL, IF YOU WOULD LIKE TO TAKE THAT NOW.
YEAH, I THINK, YOU KNOW, MAYBE JUST TO SAY THAT, UM, WE'RE NOT, YOU KNOW, I DON'T THINK WE'RE OPPOSED TO GR SO LONG AS WE CAN ACHIEVE OUR CLIENT NEEDS TO ACHIEVE EITHER THE ABILITY TO DO LAWN CARE, UM, MAINTENANCE, YOU KNOW, STORAGE OF THEIR, UM, EQUIPMENT THERE, OR THE ABILITY TO DO PEST MANAGEMENT.
UM, SO AS SO LONG AS WE CAN GET ONE OF THOSE THAT WILL WORK FOR OUR CLIENT, UM, THERE IS A DESIRE FOR MIXED USE WITH THE REQUEST.
AND WHILE THAT'S NOT THIS PARTICULAR CLIENT'S DESIRE TO PUT RESIDENTIAL USES ON THIS TRACT, WE KNOW THAT MOVING FORWARD IN THE FUTURE, THAT'S SOMETHING THAT SHOULD BE ALLOWED.
UM, AND SO THAT'S, THAT'S WHY THAT IS BEING REQUESTED WITH THE CASE, BUT IT IS, IT IS A PROPERTY THAT'S ON A COMMERCIAL HIGHWAY.
AND I FIND IT REALLY INTERESTING THAT, UM, IN STAFF'S PRESENTATION THERE WAS MENTIONED THAT THERE'S A LAWN CARE BUSINESS ON THE OTHER CORNER OF LYNDHURST AND SIX 20.
SO IF WE CAN GET GR ZONING AND DO YOU KNOW THAT AND DO THE SAME THING THAT THEY'RE DOING, I THINK THAT THAT WOULD WORK FOR OUR CLIENT.
SO WE NEED A MOTION NOW TO CLOSE THE PUBLIC HEARING AND MAKE A MOTION TO CLOSE THE PUBLIC.
UM, SO THAT WAS BY COMMISSIONER SMITH AND SECONDED BY COMMISSIONER KOSTA, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, IT LOOKS UNANIMOUS.
AND THEN DO I HEAR A MOTION? SO YOUR OTHER QUESTION, ARE THERE ANY OTHER YES, COMMISSIONER GREENBERG? UM, UNLESS THERE'S OTHER QUESTIONS I'D LIKE TO MOVE THAT WE APPROVE STAFF RECOMMENDATION.
I KNOW THERE WAS A CASE, UM, A FEW WEEKS AGO THAT MAY SEEM SIMILAR.
THE DIFFERENCE IS THIS IS UNDEVELOPED AND I DON'T SEE A REASON WHY WE SHOULD DEVIATE FROM WHAT THE STAFF IS RECOMMENDING IS APPROPRIATE ON THIS LOCATION.
WHEN THERE THERE'S NOT AN EXISTING USE.
SO YOU WANT TO LEAVE IN THE EXTERMINATION SERVICES BEING PROHIBITED.
IF THERE'S A SECOND SECONDED BY COMMISSIONER WOODY DISCUSSION ON THAT MOTION.
ALL THOSE IN FAVOR OF THE MOTION.
UM, I JUST HAD A CLARIFICATION.
UH, SO MY UNDERSTANDING WAS THAT THE NEIGHBORHOOD HAD REQUESTED THAT ACCOMMODATION AND THAT THE, UM, APPLICANT WAS WILLING TO PROVIDE THAT ACCOMMODATION.
AND SO I'M JUST WONDERING WHY THIS COMMISSION WOULDN'T SUPPORT AN ARRANGEMENT THAT WAS MADE BETWEEN THE APPLICANT AND THE NEIGHBORHOODS.
SO I GUESS I, I DON'T KNOW, UM, THE RIGHT MOVE HERE, I GUESS I, I CAN MAKE A SUBSTITUTE MOTION THAT WOULD BE APPROVAL OF STAFF RECOMMENDATION, G R M U C O.
UM, BUT I DO THINK, AND THEN INCLUDING WITHOUT THE RESTRICTION ON NO EXTERMINATION SERVICES, SO RE SO REMOVE THAT CONDITIONAL OVERLAY.
I DO AGREE WITH THE ADVOCATE SAYING THAT HAVING CHEMICALS IN THE HANDS OF PROFESSIONALS IS BETTER, I THINK, THAN HAVING THEM HOME DEPOT AND PUT ON THE GROUND.
AND YOU DO HAVE CRITICAL WATER QUALITY IS ON ACROSS THE STREET.
SO YOU NEVER GOT A SECOND ON YOURS.
I DON'T KNOW IF I CAN MAKE A SUBSTITUTE MOTION.
SO I'LL MAKE A SUBSTITUTE MOTION TO DO STAFF RECOMMENDATION, GR M U C O WITH THE ONLY CHANGE THAT ALLOW EXTERMINATION SERVICES, UM, WITHIN THAT MIXED USE WITHIN THE CEO.
AND DOES THAT ADDRESS THAT THE NEIGHBORHOOD AGREEMENT? SO I'M NOT, I'M UNCLEAR OF THE NEIGHBORHOOD AGREEMENT.
SO MS. HASI IS GOING TO TELL US WHAT THEY AGREED TO.
THANK YOU FOR CALLING ME UP HERE.
[00:40:01]
WE DON'T HAVE AN AGREEMENT WITH THE NEIGHBORHOOD.UM, THERE ARE INITIAL DISCUSSIONS ABOUT, UH, GR ON THE INTERIM SF TWO PORTION OF THIS LAND.
UM, THEY BROUGHT FORWARD A CONCERN ABOUT STORAGE OF PEST CONTROL RELATED CHEMICALS AT THIS SITE.
SO IN ORDER TO ADDRESS THAT CONCERN, WE THEN, AFTER WE FOUND OUT MORE INFORMATION ABOUT HOW THE PROPERTY WOULD BE USED MORE FOR LAWN CARE, RATHER THAN PEST CONTROL, THEN WE KIND OF DIVIDED THE TWO USES AND SAID, OKAY, WELL, WE'LL ASK FOR CS AND WILL PROHIBIT OUT PEST CONTROL TO ADDRESS THE CONCERN THAT THE NEIGHBORHOOD HAD.
HOWEVER, UM, THE NEIGHBORHOODS STILL DIDN'T WANT TO SUPPORT THAT BECAUSE THEN THEY SHIFTED THEIR FOCUS TOWARDS NOW WE'RE CONCERNED ABOUT CHEMICALS, FERTILIZERS INVOLVED WITH A LAWN CARE LAWN MANAGEMENT TYPE OF, UM, BUSINESS.
AND TO THAT POINT AGAIN, YOU KNOW, THIS IS A BUSINESS THAT IS LICENSED BY THE, YOU KNOW, AGRICULTURE, THE TEXAS, UM, AGRICULTURAL COMMISSION, OR, UM, NOT THE COMMISSION, BUT, UH, BOARD APOLOGIZE.
UM, THEY ARE LICENSED, THEY ARE PROFESSIONALS.
THEY KNOW HOW TO HANDLE THESE TYPES OF THINGS.
AND, UM, I, I THINK IT'S, YOU KNOW, MUCH BETTER TO HAVE A PROFESSIONAL BUSINESS USING THESE TYPES OF, UM, ITEMS VERSUS ALL OF THE SINGLE FAMILY PROPERTIES THAT ARE WITHIN THE CREEK BUFFERS THAT USE THESE TYPES OF SERVICES AS WELL.
DOES THAT ANSWER YOUR QUESTION? COMMISSIONER THOMPSON? SO CAN I CLARIFY A STAFF THAT AS THE NEIGHBORHOOD IS NOT HERE TO SPEAK TONIGHT, THEIR COMMENTS ARE EXHIBIT F IN YOUR BACKUP.
AND THE GRASSWORKS BUSINESS ON THE OTHER SIDE OF WHEN HER STREET TO THE EAST IS AN ILLEGAL USE IN THE GR DISTRICT.
DID WE GET A SECOND ON THAT LAST SUBSTITUTE MOTION? WE HAVE NOT YET RECEIVED A SECOND ON THE SUBSTITUTE MOTION, WHICH WOULD, WHICH WOULD INCLUDE PROVIDE FOR, SO IT'D BE G R M U C O INCLUDING EXTERMINATING SERVICES.
SO THE ONE, THE MOTION ON THE TABLE IS TO GO WITH STAFF RECOMMENDATION, WHICH DOES NOT PERMIT EXTERMINATING SERVICES.
AND THE SUBSTITUTE MOTION IS, UH, WOULD PERMIT EXTERMINATING SERVICES.
IS THERE A SECOND ON THE SUBSTITUTE MOTION? OKAY.
SO LET'S VOTE ON THE MOTION ON THE ORIGINAL MOTION ON THE TABLE, WHICH IS STAFF RECOMMENDATION, ALL THOSE IN FAVOR OF THE MOTION AND ALL THOSE OPPOSED.
COMMISSIONER KING YOU'RE OPPOSED? NO, I'M SORRY.
SO IT'S JUST COMMISSIONER SMITH.
[B2. C14-2022-0014 - Sprinkle Cutoff Rd Rezoning; District 1]
ON TO B TWO.SO JUST TO CLARIFY, KITCHEN COMMISSIONER SMITH WAS SUPPOSED TO ALL ELSE ALL UP BEFORE FOUR.
GOOD EVENING, HEATHER CHAFFIN.
HOW'S IT GOING? PLANNING DEPARTMENT.
THIS IS CASE C 14 20 22 0 0 1 4.
IT'S AT 11,000 SPRINKLED CUTOFF ROAD.
IT'S APPROXIMATELY SIX 16 AND A HALF ACRES.
UH, PROPERTY IS ON THE EAST SIDE OF SPRINKLE CUTOFF ROAD, ABOUT 500 FEET NORTH OF SAMSUNG BOULEVARD.
IT'S ZONED IRR IT'S HEAVILY VEGETATED PROPERTIES TO THE NORTH EAST AND SOUTH ARE PRIMARILY DEVELOPED WITH SINGLE FAMILY RESIDENCES AND ARE ZONED I S F TWO AND PUD IT'S THE PIONEER CROSSING PUD TO THE EAST ACROSS SPRINKLE CUTOFF ROAD TO THE WEST IS END DEVELOPED PROPERTY.
THAT WAS REZONED WITHIN THE PAST 10 YEARS TO SF SIX.
UH, FURTHER WEST OF THE PROPERTY IS IRR PROPERTY.
THAT'S ALSO DEVELOPED WITH SINGLE FAMILY RESIDENTIAL STAFF TO SUPPORTING THE REZONING REQUEST.
UH, ONE OF OUR ZONING PRINCIPLES IS TO TREAT LIKE PROPERTIES IN A SIMILAR WAY.
IT'S A GRANTING SF SIX ON THIS PROPERTY IS EQUAL TREATMENT TO THE PROPERTY ACROSS THE ROAD WEST.
IT ALSO PROVIDES THE OPPORTUNITY FOR A VARIETY OF HOUSING TYPES IN THIS AREA THAT IS PREDOMINANTLY SINGLE FAMILY RESIDENTIAL BECAUSE SF SIX
[00:45:01]
ALLOWS TOWNHOUSE AND CONDOMINIUM, AND I AM AVAILABLE FOR QUESTIONS.AND WE ALSO HAVE STAFF HERE FROM HPE.
UM, THERE IS ONE PERSON SIGNED UP TO SPEAK.
I HAD IT IN AN OLDER EMAIL, I GUESS.
SO I GUESS WE WILL GO AHEAD AND CLOSE PUBLIC HEARING ALL THOSE IN FAVOR OF, UH, WAIT, HOLD ON.
I'M GETTING AHEAD ON MY MOTION BY COMMISSIONER SAID, UH, WELL, WE DON'T HAVE ANY, LIKE, UM, WE HAVE THE APPLICANT.
I KNEW THERE WAS SOMEONE SIGNED UP.
MY APOLOGIES, MR. SOSA TO BE THAT'S CORRECT.
PLANNING, ZONING AND PLANNING COMMISSION.
I'M JONATHAN SO-TO-SPEAK WITH, KIMLEY-HORN REPRESENTING THE OWNER OF THE PROPERTY.
UM, IF YOU CAN GO TO THE NEXT SLIDE.
SO, UM, THERE IS A RED LINE THAT OUTLINES THE PROPERTY, BUT HEATHER DID A GREAT JOB OF INTRODUCING OF, UH, WHERE IT'S AT.
IT'S AT SPRINKLE CUTOFF ROAD, NEAR THE INTERSECTION WITH, UM, SAMSUNG BOULEVARD.
AND SO, UM, LIKE HELLER SAID, IT IS ZONED R R RIGHT NOW, AND WE ARE PROPOSING AN SF SIX REZONING WITH, UM, VERY SIMILARLY TO THAT SF SIX, JUST ACROSS THE STREET.
AND WE'LL GO TO THE NEXT SLIDE.
UM, OF COURSE WE WILL ADHERE TO ALL SITE DEVELOPMENT STANDARDS AND THAT'S INCLUDING COMPATIBILITY, WHICH DOES PROTECT AGAINST THOSE SINGLE-FAMILY USES TO THE NORTH AND THE SOUTH.
AND THEN WE ARE ABOUT, UM, OVER A FOOTBALL FIELD AWAY TO THE, UM, THE PIONEER WEST OVER THERE.
UM, AND I DID WANT TO MENTION OF COURSE, UM, SPRINKLE CUTOFF ROAD.
I KNOW THERE WERE CONCERNS ABOUT THE TRAFFIC ON THE ROAD AND IT IS SLATED FOR IMPROVEMENT, UM, ACCORDING TO THE CITY.
AND, UM, YOU KNOW, AS THE D AS THE SITE DEVELOPMENT PROCESS COMES ALONG, UM, WE WILL BE PAYING INTO THAT, UM, STRAIGHT IMPACT FUND.
AND THEN IF, IF THE TIA WARRANTED ANY SORT OF, UM, IMPROVEMENTS THAT MAY BE NECESSARY, SHOULD IT BE TRIGGERED AND, YOU KNOW, THAT COULD INCLUDE, UM, UH, DIESEL LANE OR, UM, ANYTHING LIKE THAT, THAT, THAT, UM, MAYBE, UM, CALL FOR.
AND I KNOW THERE WERE CONCERNS WITH THE NEIGHBORHOOD.
WE DID REACH OUT, UM, SENDING LETTERS AND WE'RE ABLE TO TALK WITH THEM.
THEY WERE, UM, I THINK ASSUMING IT WAS, UM, AN, A GARDEN STYLE APARTMENT AND THAT'S NOT, UH, THE GOAL OF THIS PROJECT, IT IS A TOWNHOME CONDOMINIUM USE.
AND, UM, UH, TYPICALLY THOSE GENERATE A LITTLE BIT LESS TRAFFIC THAN A SINGLE FAMILY PER UNIT.
AND SO IF THERE WERE, YOU KNOW, A TYPICAL SINGLE FAMILY HOME, THERE COULD BE MORE TRAFFIC GENERATED.
UM, JUST BE, I'M NOT A TRAFFIC ENGINEER, BUT THAT'S JUST BASED OFF TYPICAL TIA STANDARDS.
AND SO, UM, I'M HERE TO ANSWER ANY QUESTIONS IF Y'ALL HAVE ANY, UM, AND THANK YOU.
THERE WAS A MOTION TO CLOSE THE PUBLIC HEARING SECONDED BY COMMISSIONER, UH, KOSTA, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.
WHO MADE THAT MOTION? I DIDN'T COMMISSIONER SMITH.
UM, IT'S FROM 25 6 1 1 4, AND A NEIGHBORHOOD TRAFFIC IS ONE 14.
SHELL CONDUCT SHALL CONDUCT A NEIGHBORHOOD TRAFFIC ANALYSIS, UH, FOR A PROJECT PROPOSED IN THE SITE DEVELOPMENT PERMIT YET, OR A ZONING OR REZONING APPLICATION.
IF THE PROJECT HAS ACCESS TO A RESIDENTIAL LOCAL OR COLLECTOR STREET, WHICH SPRINKLE CUTOFF IS, AND ONE OF THE FOLLOWING APPLIES THE PROJECTED NUMBER OF VEHICLE TRIPS GENERATED BY THE PROJECT EXCEEDS THE VEHICLE TRIPS PER DAY, GENERATED BY EXISTING USES BY AT LEAST 300 TRIPS PER DAY.
THIS IS PROPOSED FOR A 100 IT'S UNDEVELOPED NOW IN IS PROPOSED FOR 185 UNITS.
I THINK WE NEED TO KNOW, AND IT'S A SUBSTANDARD STREET.
THE ONLY ACCESS WILL BE UNDER SPRINKLE RED CUTOFF, AND IT IS NOT PROPOSED FOR IMPROVEMENTS FOR FIVE TO 10 YEARS, WHICH MAYBE IT'S ON THIS IN THE CIP, BUT IT ALMOST SOUNDS LIKE IT'S IN THE LONG-TERM CIP.
SO GOSH KNOWS WHEN IT'S GOING TO HAPPEN.
SO, UM, I MOVED TO POSTPONE IF MR. BETTY CAN TELL ME HOW LONG AN NTA USUALLY
[00:50:01]
TAKES.I WAS THINKING IT WAS A MONTH, MAYBE SIX MONTHS, BUT I WOULD APPRECIATE HIS COMMENTS ABOUT HOW LONG THEY NORMALLY TAKE MR. BEATTY, ARE YOU AVAILABLE TO RESPOND TO THAT QUESTION? YES, I AM.
UM, IT DEPENDS TO TAKE THE TRAFFIC COUNTS.
WE TYPICALLY, WE TYPICALLY DO THAT DURING THE SCHOOL YEAR, SO TO GET THAT SCHEDULE COULD BE POSSIBLE BEFORE MID-MAY, WHEN TRAFFIC PATTERNS START CHANGING.
AND THEN WHEN WE WOULD HAVE TO PUT OFF TRAFFIC COUNTS UNTIL THE FOLLOWING FALL, UH, THERE IS SOME ADDITIONAL INFORMATION THAT HAS TO BE DONE AND TIED TO THAT, UH, FOUR TO SIX WEEKS COULD BE POSSIBLE, BUT I COULD NOT PROMISE THAT IT COULD BE DONE IN THAT TIME.
UM, ALONG WITH ALL THE ZONING CASE THAT THEY HAVE PAID THEIR REVIEW FEES.
I THINK I'D STILL LIKE TO POSTPONE IT TO ME.
I KNOW THAT, UM, I DON'T KNOW IF IT'S TRANSPORTATION, BUT EITHER TRANSPORTATION OR PUBLIC WORKS AND PUT THE TUBES DOWN.
I REALIZED THERE ARE OTHERS IN LINE, BUT I WANT THE CITY TO FOLLOW ITS OWN RULES.
THE CODE WERE WELL, THE PARENTS ROTATION DEPARTMENT WOULD NOT TAKE THE COUNTS.
IT WOULD BE THE APPLICANT'S RESPONSIBILITY.
AH, THANK YOU FOR THAT CORRECTION, MR. BEATTY.
UM, I STILL WANT TO POSTPONE THIS TILL MAY 17TH.
IF WE NEED MORE TIME, WE CAN COME BACK AND I DO HAVE A QUESTION, MR. BEATTY, ARE YOU, WERE YOU, UM, STATING THAT THEY HAVE TO TAKE TWO COUNTS IN THE SPRING AND IN THE FALL? NO, IT'LL BE TYPICALLY IT'S SOME TYPE OF TUBE COUNTS OR THEY ARE NOW USING SENSORS THAT DO NOT LAY THE TUBES ACROSS THE ROAD.
WELL, YOU WOULD JUST NEED A 24 HOUR COUNT.
IF WE DO THAT BEFORE THE TRAFFIC PATTERNS CHANGE TOWARDS THE END OF SCHOOL, WE CAN DO IT THIS SPRING.
OTHERWISE WE WOULD NEED TO WAIT UNTIL THE FALL SO THAT WE HAVE ACTIVE SCHOOL ACTIVITY GOING ON WHEN THE COUNSELOR TAKE IT.
I SECOND THE MOTION BY COMMISSIONER DINKLER.
WAS THAT A MOTION TO POSTPONE TESTS? OH, UNTIL MAY 17TH, WHICH GIVES IT SIX WEEKS.
COMMISSIONER KOSTA, JUST REGARDLESS.
THEY WILL BE REQUIRED TO DO A TRAFFIC IMPACT ANALYSIS, WHETHER IT'S NOW WHERE SITE PLAN.
AND THEN IF THEIR COUNT IS HIGH, THAT WILL IMPACT THE ROLE DEVELOPMENT AT THAT POINT TO, SO I BELIEVE THE TIA THRESHOLD IS 2000 TRIPS NOW.
A NEIGHBORHOOD TIA THRESHOLD IS 300 TRIPS.
NO, YOU'RE TALKING ABOUT TWO DIFFERENT THINGS AND NEIGHBORHOOD TRANSPORTATION ANALYSIS AND YES.
SO THERE WAS A CHANGE TO 1500.
I CARE MAY HAVE BEEN CHANGED A THOUSAND.
LET'S LET MR. BEATTY COMMENT IF I'M PRONOUNCING THAT.
RIGHT NOW, BASED ON THE LAND USE AND INTENSITY IS BEING PROPOSED.
THAT THRESHOLD IS 2000 DAILY TRIPS.
THIS IS NOT ESTIMATED TO BRING, UH, EVEN BY 1500 DAILY TRIPS AT THIS TIME.
THAT'S WHY WE TYPICALLY DEFER THE FINAL DETERMINATION UNTIL TIME OUTSIDE PLAN SO THAT WE HAVE THE FINAL ACCOUNT OF THEIR EXCELLENT ZACK INTENSITY THAT THEY WILL BE DEVELOPING.
I THINK MY PURPOSE IS TO ENCOURAGE REALLY STRONG TRAFFIC IMPROVEMENTS, WHICH IS WHY I'D LIKE THAT NEIGHBORHOOD, TIA, THE NEIGHBORHOOD TRANSPORTATION ANALYSIS NOW RATHER THAN LATER.
AND THE ASM P DOES IS DESIGNATE IT AS A SUBSTANDARD STREET.
SO I DO THINK THAT THAT'S OF INTEREST TO THE CASE AND IT'S 22 FEET PAGE, UH, COMMISSIONER KING AND THEN COMMISSIONER SMITH.
UH, AND I JUST, I WANTED TO SPEAK TO MY SECOND THERE AND THAT WORKED BECAUSE I DO AGREE THAT WE NEED THAT INFORMATION.
AND ALSO TARA, THANK YOU FOR POINTING OUT THAT IT IS SUBSTANDARD AT, UH, THERE ARE NO BICYCLE LANES AND THERE ARE NO SIDEWALKS ALONG THIS STRETCH OF THE ROAD THERE.
SO I THINK IT IS, THAT IS AN IMPORTANT FACTOR.
THE TRAFFIC ANALYSIS, THE NEIGHBORHOOD TRAFFIC ANALYSIS WOULD BE IMPORTANT TO HELP US INFORM OUR ZONING ON THIS.
AND I HOPE WE CAN GET THIS DONE QUICKLY BECAUSE WE KNOW WE NEED HOUSING.
SO I HOPE WE CAN GET THE PROCESS GOING AS QUICKLY AS THIS DONE AS QUICKLY AS POSSIBLE AND GET INFORMATION THAT WILL HELP INFORM OUR ZONING DECISION ON THIS CASE.
THANK YOU, COMMISSIONER SMITH.
I MEAN, A PART OF MY CONCERN IS I THINK WE'RE A LITTLE EARLY, WE'RE TRYING TO DO THIS AT THE ZONING PHASE.
[00:55:01]
THE STREET AS SF SIX, WE'D BE ASKING FOR THE SAME THING.IT'S INTERIM ZONING RIGHT NOW.
IT NEEDS TO BE RESOLVED SOMETHING PERMANENT.
I DON'T SEE US REZONING ANYTHING OTHER THAN INTERIM SF SIX.
I DO SEE AN NTA BEING NEEDED AND IT MAY GENERATE COMMENTS, BUT THEY WOULDN'T NECESSARILY ADDRESS HIS OWN COMMENTS.
THEY WOULD ADDRESS SITE PLAN COMMENTS AND WHAT WILL BE NEEDED AT THE SITE PLAN PHASE, NOT WHAT WOULD BE NEEDED AT THE ZONING PHASE.
UM, SO THAT'S WHY I THINK WE'RE, WE NEED MORE HOUSING AND WE'RE CONTINUING TO THROW WHAT ROADBLOCKS AND PEOPLE WHO WANT TO COME IN AND PUT UP HOUSING.
WE CAN GET THE INFORMATION THROUGH THE SITE PLAN PHASE.
UM, BUT THIS IS GOING TO DELAY THE PROJECT MONTHS, UH, IN ORDER TO GET THINGS STARTED, I WOULD LIKE TO MENTION, UM, HOWEVER NTA IS IN ORDER TO DO THAT, WE WOULD NEED TO DEFINE THE ACCESS POINTS FOR THIS SITE.
THAT'S TYPICALLY NOT AN ITEM DEDICATED, UH, DONE AT TIME OF ZONING, RIGHT? AS WE WOULD NEED TO KNOW THE NUMBERS, THE DRIVEWAYS, HOW MANY VEHICLES ARE SUPPOSED TO BE DISTRIBUTED BETWEEN THOSE DRIVEWAYS, THAT WOULD BE PART OF THE MTA THAT IS NOT KNOWN AT THIS TIME.
SO THEY WERE CONVEYING INFORMATION.
YOU'RE NOT GOING TO KNOW UNTIL WE HAVE A SITE PLAN PHASE.
SO THAT'S AGAIN, I THINK WE'RE JUST JUMPING AHEAD OF OURSELVES TRYING TO DO THIS AT THE ZONING TASTE.
UH, THIS IS JUST A COMMENT, BUT WHEN THE SITE ACROSS THE STREET WAS REZONED TO SF SIX, THERE WAS AN NTA IN THE BATHROOM.
AND WAS FOR ZAP IN OUR BACKUP PART OF THE SONY.
ANY OTHER COMMENTS? ARE WE READY TO VOTE FOR THE MOTION ON THE TABLE, WHICH IS TO POSTPONE THIS ITEM UNTIL MAY 17TH, ALL THOSE IN FAVOR AND THOSE OPPOSED.
SO IT PASSES AND WE WILL MOVE ON TO, I'M SORRY, COULD YOU READ THE NAMES OF THE COMMISSIONERS WHO VOTED IN FAVOR? SURE.
IT WAS A GREENBERG DINKLER KIELBASA, WOODY THOMPSON, I THINK.
DID YOU VOTE? BECAUSE SHE DID.
[B5. C14H-2021-0164 - Chrysler Air-Temp House; District 7]
THE OBESE.I'M THE MANAGER OF THE HISTORIC PRESERVATION OFFICE.
THIS IS CASE NUMBER B FIVE C 14 H 2021 DASH 0 1 6 4.
THE CHRYSLER AIR TEMP HOUSE AT 25 0 2 PARKVIEW DRIVE.
THIS IS A HISTORIC LANDMARK COMMISSION INITIATED HISTORIC ZONING CASE WITH A VALID PETITION AND OPPOSITION FROM THE PROPERTY OWNER.
UH, BY WAY OF BACKGROUND AND TRANSPARENCY.
I WROTE MY MASTER'S THESIS ON THE AUSTIN AIR CONDITIONED VILLAGE.
UH, I ALSO AUTHOR THE NATIONAL REGISTER OF HISTORIC PLACES, NOMINATION FOR THE AIR CONDITIONED VILLAGE.
UH, THAT NOMINATION IS NOT MOVING FORWARD TO BE LISTED DUE TO OWNER OPPOSITION.
UM, IT'S A PROJECT THAT I STARTED PRIOR TO MY TIME AND COMMITTED TO PRIOR TO MY TIME AT THE CITY, UH, WHILE THAT NOMINATION WAS UNDER PREPARATION AND REVIEW, BEFORE IT BECAME CLEAR, IT WOULD NOT BE LISTED STEVE SEDOWSKY AND HIS CAPACITY AS HISTORIC PRESERVATION OFFICER MADE ALL DECISIONS REGARDING THE CASE AND REPRESENTED IT TO THE HISTORIC LANDMARK COMMISSION.
UM, THIS IS A HISTORIC ZONING CASE THAT WAS INITIATED IN RESPONSE TO A DEMOLITION PERMIT APPLICATION, FOLLOWING A PROCESS OUTLINED IN CITY CODE, THE HISTORIC PRESERVATION OFFICE STAFF REVIEW DEMOLITION PERMIT APPLICATIONS FOR BUILDINGS OVER 45 YEARS OF AGE.
THOSE THAT MAY MEET THE CRITERIA FOR HISTORIC LANDMARK DESIGNATION ARE REFERRED TO A PUBLIC HEARING AT THE HISTORIC LANDMARK COMMISSION BASED ON THE LANDMARK CRITERIA.
UH, THE COMMISSION MAY INITIATE A HISTORIC ZONING CASE THAT THEN GOES ON TO THE LAND USE COMMISSION AND CITY COUNCIL.
UH, THIS PROCESS PROVIDES AN OPPORTUNITY FOR NEIGHBORS AND THE PUBLIC TO ENGAGE ABOUT THE FUTURE OF A PROPERTY AND OFFERS A POTENTIAL SAFEGUARD AGAINST THE LOSS OF A SIGNIFICANT PART OF AUSTIN'S HISTORY.
UH, THIS PARTICULAR CASE TO THE LANDMARK COMMISSION AND, UH, JUNE OF 2020 FOR A FULL DEMOLITION, THE OWNER AT THAT TIME, RECONSIDERED THEIR PLANS AND PROPOSED A PARTIAL DEMOLITION THAT WOULD PRESERVE THE FRONT OF THE HOUSE AND CONSTRUCT A REAR ADDITION, UH, GIVEN THE, HIS OPPOSITION, THE COMMISSION AGREED NOT TO PURSUE LANDMARK DESIGNATION AT THAT TIME, UH, WHILE RESERVING THE OPPORTUNITY TO BRING A CASE FORWARD AND THE FUTURE, UH, THE CURRENT OWNER IS NOW SEEKING A DEMOLITION PERMIT AND THEN RESPONSE THE LANDMARK COMMISSION REPRESENTED, UH, RECOMMENDED BY A SUPER MAJORITY VOTE OF ALL NINE MEMBERS PRESENT AT THAT MEETING TO RECOMMEND
[01:00:01]
HISTORIC ZONING FOR THE HOUSE, UH, ON THE BASIS OF ITS ARCHITECTURE, HISTORICAL ASSOCIATIONS AND COMMUNITY VALUE.THE CHRYSLER AIR TEMP HOUSE AT 2,502 PARK VIEW DRIVE WAS BUILT AS A DEMONSTRATION HOUSE FOR THE AUSTIN AIR CONDITION VILLAGE AND NATIONAL EXPERIMENT TO DETERMINE THE FEASIBILITY OF AIR CONDITIONING, UH, TO INSTALL AND OPERATE AIR CONDITIONING AND MIDDLE-CLASS HOMES.
THIS PARTICULAR HOUSE IS THE MOST ARCHITECTURALLY DISTINCTIVE AND BEST PRESERVED EXAMPLE OF THE HOUSE WITH ANDY AIR CONDITIONED VILLAGE IN TERMS OF ITS HISTORY.
UH, THIS 1954 EXPERIMENT IS NATIONALLY SIGNIFICANT.
IT WAS AN EFFORT TO PROVE THAT AIR CONDITIONING WAS AFFORDABLE, NOT JUST AFFORDABLE TO INSTALL, BUT ALSO AFFORDABLE TO OPERATE FOR MIDDLE-CLASS HOME BUYERS.
IT WAS CONCEIVED IN NO SMALL PART IN RESPONSE TO FEDERAL HOUSING ADMINISTRATION, LOAN PRACTICES THAT PENALIZE BUYERS SEEKING AIR CONDITIONED HOMES REQUIRING HIGHER INCOME LEVELS FOR A HOUSE OF THE SAME PRICE DUE TO A LACK OF DATA ON OPERATIONAL COSTS.
IN OTHER WORDS, THE LENDERS WERE CONCERNED.
HOME BUYERS COULD NOT AFFORD THEIR UTILITY BILLS.
THE EXPERIMENT BROUGHT TOGETHER THE EFFORTS OF A NATIONAL TRADE ORGANIZATION, THE NATIONAL ASSOCIATION OF HOME BUILDERS WITH LEADING RESEARCHERS IN THE FIELD, THE ENGINEERING DEPARTMENT AT THE UNIVERSITY OF TEXAS AND NATIONAL MANUFACTURERS AND A COLLABORATIVE EFFORT.
THE FINAL REPORT FOR THE EXPERIMENT NOTED THAT THIS RESEARCH VILLAGE WAS THE FIRST OF ITS TYPE ON.
THE EXPERIMENT INVOLVED ONE YEAR OF TECHNICAL TESTING, ANOTHER YEAR OF MONITORING COST DATA AND A PSYCHOLOGICAL SURVEY.
THE 22 TESTS HOUSES WERE BUILT BY MEMBERS OF THE AUSTIN HOME BUILDERS ASSOCIATION REPRESENTING THE WORK OF AUSTIN'S MOST PROLIFIC BUILDERS OF THAT ERA.
THE EXPERIMENT DEMONSTRATED THAT CENTRAL AIR CONDITIONING WAS INDEED FEASIBLE FOR USE IN BALDUS RESIDENTIAL BUILDINGS.
THE PROJECT PROVIDED VALUABLE INFORMATION TO HOME BUILDERS THAT WAS PREVIOUSLY UNAVAILABLE.
IT ALSO INFLUENCED FHA LOAN PRACTICES.
NEWS COVERAGE OF THE EXPERIMENT INDICATED THE FHA AND VA WOULD ACCEPT THE FINAL RESEARCH FINDINGS AS THEIR AIR CONDITIONING STANDARDS.
AND IN 1957, THOSE LENDERS BEGAN TO INCLUDE THE COST OF AIR CONDITIONING IN THEIR PACKAGE MORTGAGES.
TODAY, IT'S VERY DIFFICULT TO GET ALONE FOR A NON AIR-CONDITIONED HOUSE IN TERMS OF ITS ARCHITECTURE.
UH, THIS PARTICULAR HOUSE HAS AN EXCELLENT AND REMARKABLY AND TACTIC SAMPLE OF AN ARCHITECT DESIGNED MID-CENTURY MODERN RESIDENCE, UH, IT'S FRONT AND BACK FACADES WITH WINDOWS IN HIS BESTEST PANELS ARRANGED IN THE METAL FRAMEWORK SHOW THE EXHIBIT, UM, SHOW THE INFLUENCE OF THE CALIFORNIA CASE STUDY HOUSES, WHICH ARE CONSIDERED A PINNACLE OF AMERICAN MODERNISM.
THE HOUSE WAS DESIGNED BY FRED WIND FOR A DAY JUNIOR.
HE WORKED FOR PROMINENT ARCHITECTURE FIRMS FAIR IN GRANGER, JUSTIN JESSEN, MILLHOUSE, AND GRIEVANCE, AND HAD HIS OWN PRACTICE DAY ONE MULTIPLE DESIGN AWARDS FROM THE AUSTIN CHAPTER OF THE AMERICAN INSTITUTE OF ARCHITECTS AND THE TEXAS SOCIETY OF ARCHITECTS.
HE WAS GIVEN AN HONORARY LIFETIME MEMBERSHIP ON THE UNIVERSITY OF TEXAS SCHOOL OF ARCHITECTURE ADVISORY COUNCIL, AND ALSO SERVE THIS PRESIDENT OF AIA AUSTIN.
THE HOUSE WAS CONSTRUCTED BY WANG BURNS THE DEVELOPER OF THE EDGEWOOD SUBDIVISION, WHERE THE EXPERIMENT IS LOCATED IN TERMS OF ITS ARCHITECTURAL INTEGRITY.
UH, THE EXTERIOR OF THIS HOUSE IS REMARKABLY INTACT WITH ONLY A SMALL UTILITY ROOM ADDITION.
THE ORIGINAL AIR CONDITIONING SYSTEMS ARE GONE AND ALL OF THE HOUSES, UH, BUT THAT'S NOT NECESSARY IN ORDER TO UNDERSTAND THE HOME SIGNIFICANCE.
UH, IT'S IMPORTANCE IS, UM, THE, THE, UM, EXCUSE ME, UH, THE EXPERIMENT'S OVERALL IMPACT ON THE HOUSING INDUSTRY, WHICH WE CAN UNDERSTAND WITHOUT NECESSARILY NEEDING THAT ORIGINAL EQUIPMENT.
AS A COMPARABLE EXAMPLE OF THE WARM AIR RESEARCH RESIDENTS OF THE UNIVERSITY OF ILLINOIS IS NATIONAL REGISTER LISTED AT THE NATIONAL LEVEL OF SIGNIFICANCE, DESPITE NOT HAVING ANY ORIGINAL HEATING AIR CONDITIONING OR, UH, TESTING EQUIPMENT, STILL INTACT BASED ON THE STRENGTH OF ITS ARCHITECTURE AND THIS ASSOCIATION WITH IMPORTANT ENGINEERING EXPERIMENTATION, THAT HOUSE WAS DEEMED TO HAVE HISTORIC INTEGRITY FOR PURPOSES OF THE NATIONAL REGISTER.
AND THOSE SAME STANDARDS ARE WHAT THE LANDMARK COMMISSION APPLIES.
UH, THE LANDMARK COMMISSION ALSO FOUND IT TO HAVE A COMMUNITY VALUE, AGAIN, TIED TO THE NATIONAL SIGNIFICANCE OF THE AIR CONDITION VILLAGE EXPERIMENT, UH, TO CONCLUDE THE HISTORIC LANDMARK COMMISSION UNANIMOUSLY RECOMMENDED HISTORIC STANDING ON THIS HOUSE AS THE BEST REMAINING EXAMPLE TO REPRESENT THE OVERALL HISTORY OF THE AUSTIN AIR CONDITION VILLAGE, AS THE MOST ARCHITECTURALLY DISTINCTIVE AND MOST INTACT HOUSE,
[01:05:02]
THE AIR CONDITIONED VILLAGE IS NATIONALLY SIGNIFICANT FOR, UM, DEMONSTRATING THE AIR CONDITIONING WAS FEASIBLE FOR MIDDLE-CLASS HOME BUYERS, PIONEERING THE WIDESPREAD USE OF CENTRAL AIR CONDITIONING IN AUSTIN AND THROUGHOUT THE COUNTRY.NOW WE'LL HEAR FROM MS. MARY KALEY FOLLOWED BY MR. JOE REYNOLDS AND WE EACH HAVE THREE MINUTES.
CAN YOU HEAR ME? I THANK YOU COMMISSIONERS FOR BEING HERE TONIGHT.
I'M A GRAD STUDENT AT TEXAS STATE AND AN INTERN WITH PRESERVATION AUSTIN.
I'M SPEAKING ON BEHALF OF PRESERVATION, AUSTIN.
OUR ORGANIZATION HAS ALREADY COME OUT IN SUPPORT OF HIS OWN HISTORIC ZONING FOR 25 0 2 PART VIEW.
AS OTHER, AS MS. BRAMLETT INDICATED THE HOUSE IS SIGNIFICANT HISTORICALLY FOR ITS ARCHITECTURE, HISTORICAL ASSOCIATIONS AND COMMUNITY VALUE.
WE BELIEVE THE AIR CONDITIONED VILLAGE AND THE HOMES AND EMBODY THIS RARE HISTORY ARE WORTH SAVING.
HOWEVER, AND WE OFFER PRESERVATION AUSTIN SUPPORT TO THE OWNER AND THE CITY OF AUSTIN TO ACHIEVE A COMPROMISE ONE THAT WOULD PRESERVE THE HOMES, HISTORIC MAIN FACADE WHILE EXPANDING ITS FOOTPRINT TO MEET 21ST CENTURY NEEDS.
AND WE WOULD BE HAPPY TO CONNECT THE OWNER WITH OUR NETWORK OF ARCHITECTS, BUILDERS, AND PRESERVATION SPECIALISTS, INCLUDING THOSE WITH EXPERIENCE IN MID CENTURY ARCHITECTURE, WE HAVE FEATURED MANY SUCH HOMES IN OUR PROGRAMMING AND FEEL THAT A SUCCESSFUL HISTORIC PRESERVATION OUTCOME CAN BE REACHED.
NOW, IN ADDITION TO WHAT MS. BRUMMETT SAID, THE CHRYSLER AIR TEMP HOUSE PLAYS AN IMPORTANT ROLE IN A LARGER STORY THAT TOOK PLACE IN AUSTIN BY 1962, ALMOST SIX AND A HALF MILLION HOMES IN THE US AND HALF OF OFFICE BUILDINGS WERE AIR CONDITIONED.
A FUELING POPULATION GROWTH IN HOT WEATHER STATES LIKE OURS.
HOWEVER, THE ENERGY CRISIS HIT AS ACU SOARED OIL PRICES INCREASES OF THE SEVENTIES, SPURRED RESEARCH TO IMPROVE ENERGY EFFICIENCY AND FIND RENEWABLE SOURCES.
THIS COMBINED WITH THE ENVIRONMENTAL MOVEMENT LED TO THE EARLIEST EXPERIMENTS WITH CONTEMPORARY GREEN BUILDING DURING THE SEVENTIES CITY PLANNERS BACK THE CONSTRUCTION OF A NUCLEAR POWER PLANT SAYING IT WAS NEEDED TO MEET AUSTIN'S GROWING POWER NEEDS IN THE EARLY EIGHTIES, AUSTIN RESIDENTS AND UT ARCHITECTURE AND ENGINEERING GRADUATES CHALLENGED THIS CLAIM AND SPURRED PUBLIC RESISTANCE THAT THOUGHT OF THE PROJECT AND LED TO THE CONCEPT OF A CONSERVATION POWER PLANT.
AS A RESULT, AUSTIN ENERGY STAR NAMED FOR THE LONE STAR STATE WAS ESTABLISHED TO CREATE ENERGY CONSERVATION CODES AND INCENTIVES THAT WOULD NEGATE THE NEED FOR THE NUCLEAR POWER PLANT.
THIS CONCEPT OF DEMAND SIDE MANAGEMENT MADE BUSINESS SENSE, AND IT WAS EXPANDED.
AND LATER APPLIED TO AUSTIN'S WATER ISSUES.
THE CONCEPTS WERE SPANNED AT AGAIN AND IMPLEMENTED TO REDUCE CONSTRUCTION AND RENOVATION WASTE A NEW CONCEPT IN THE EARLY NINETIES AND SOMETHING THAT CONTINUES TO AFFECT LIVABILITY TODAY INSPIRED BY THIS WORK AND THAT OF OTHER STAKEHOLDERS.
THE AUSTIN ENERGY STAR PROGRAM WAS RENAMED AFTER THE EMERGENCY EMERGING CONCEPT OF GREEN AND BECAME THE AUSTIN GREEN BUILDING PROGRAM.
THE FIRST GREEN BUILDING PROGRAM IN THE COUNTRY IN 1991, AEB DEVELOPED THE FIRST RATING SYSTEM IN THE U S FOR EVALUATING THE SUSTAINABILITY OF BUILDINGS, INSPIRING MANY CITIES TO FOLLOW AS THE SUCCESS CAUGHT ON THE D THE DEPARTMENT OF ENERGY NEGOTIATE.
SO IT KICKED OFF THE GREEN BUILDING MOVEMENT, WHICH IS NOW AN INTERNATIONAL MOVEMENT AND IT ALL STARTED HERE.
WE'LL WE'LL NEVER HEAR FROM MR. JOE REYNOLDS FOLLOWED BY JASON HASKINS.
YOU'LL HAVE EACH HAVE THREE MINUTES.
I LIVE ON WEST 49TH STREET, AND I'M SPEAKING FOR MYSELF SUPPORTING THIS REZONING 25 0 2 PARK VIEW WAS ONE OF THE EXPERIMENTAL HOUSES IN THE AIR CONDITIONED VILLAGE USED TO DETERMINE OUR RESIDENCES IS, COULD AND SHOULD BE AIR CONDITIONED.
THE EXPERIMENT WAS TO TRY VARIOUS WAYS TO INSTALL AIR CONDITIONING, TRIED DIFFERENT AC DESIGNS, STUDY HOW TO DISTRIBUTE THE COLD AIR OUT TO PREVENT THE SUMMER HEAT FROM GETTING IN, TO MEASURE THE ELECTRICITY USE TO COOL THE HOUSES AND DETERMINE WHAT LIFE AFFECTS THE COOLING WOULD HAVE.
IT WAS TO SHOW THE PRACTICALITY OF AIR CONDITIONED LIVING.
THE AC VILLAGE WAS A JOINT PROJECT OF A NATIONAL ASSOCIATION OF HOME BUILDERS AND THE UNIVERSITY OF TEXAS.
IT WAS LIKE SEMATECH, THE CHIP CONSORTIUM THAT ADMIRAL INMAN INITIATED HERE IN AUSTIN IN 1987 IN THE 1950S MAJOR POPULATION CENTERS WERE IN THE NORTH UP.
THEIR HOUSES HAD USABLE ATTICS AND BASEMENTS WITH FURNACES FOR HEAT, NOT AN AUSTIN AC VILLAGE WOULD INVESTIGATE ARCHITECTURAL ALTERNATIVES TO THAT.
CUSTOMARY DESIGN FIND DESIGN SUITED FOR HOTTER CLIMATES BEFORE THE VILLAGE AIR CONDITIONERS
[01:10:01]
USED AMMONIA AS THE CHEMICAL TO MOVE HEAT FROM THE COOLING EVAPORATOR TO THE CONDENSER, USING AMMONIA, THE COILS OF THE CONDENSER HAVE SUCH A TEMPERATURE CHANGE THAT A WATER COOLING TOWER IS NEEDED FOR THIS HOUSE.THEY REDESIGNED THE AIR CONDITIONER TO USE A DIFFERENT CHEMICAL.
THEY FOUND A LABORATORY CURIOSITY FIRST COMPOUNDED BY DUPONT.
IN THE 1930S, WE CALL IT TODAY.
FREON, THE AC VILLAGE WAS HAD SOME OF THAT PUT INTO PRODUCTION TO TEST THE NEW FREON WAS SUCCESSFUL LEAKS.
WEREN'T CORROSIVE AND DIDN'T INJURE PEOPLE WHO WERE IN THE CLOUD.
IT DIDN'T REQUIRE A WATER COOLING TOWER TO RECONDENSE CHRYSLER AIR TEMP, AND OTHER STARTED MANNEQUIN MANUFACTURING, AC UNITS USING FREON IN THE VILLAGE.
NEW PATTERNS HOURS TODAY WERE SET INSULATED DUCTS CARRIED THE COOLER AIR TO THE VARIOUS ROOMS REQUIRING ONLY A SINGLE BLOWER AND ONE SET OF COOLING COILS.
THE INDOOR AIR RECYCLED FILTERING AND REFUELING WITH THE SINGLE BLOWER SEALING THE HOUSE WALLS LIMITED HEAT INTRUSION DESIGN OF ROOF LIMITED THE HEAT FROM THE SUN FREON AND AC FREON BASED AC DESIGN GAVE MASSIVE CHANGES OUTSIDE THIS BILLAGE MANUFACTURERS MADE COMPACT UNITS WITH EVERYTHING IN A BOX WINDOW AC UNITS MOUNT THE BOX IN THE WINDOW, PLUG IT IN AND COOLER AIR FILLS THE HOUSE.
NO DUCKS, ALL EXISTING HOMES AND OFFICES COULD BE COOLED IN ABOUT 1957.
YOU GET AIR CONDITIONERS IN CARS.
ANOTHER BIG CHANGE THAT HAPPENED TO THE VILLAGE WAS WITH THERMAL INSTALLATION THROUGH THE 1940S.
ASBESTOS WAS USED FOR INSTALLATION IN ASBESTOS FOR HOT WATER HEATERS FOR STEAM PIPES, FOR FURNACES, FOR HOUSE ROOF INSTALLATION.
DURING THE TIME OF THE VILLAGE FIBERGLASS SUBSTITUTED FOR ASBESTOS FIBERGLASS INSULATED THE AC DUCKS INSULATED WALLS AND CEILINGS.
THE CHANGES TRIGGERED BY THE VILLAGE WERE NOT JUST ENGINEERING AND ARCHITECTURAL AS WE'VE HEARD BEFORE THEY WERE POLICY AND FINANCE.
IS THAT MY THREE MINUTES? SORRY.
THANK YOU FOR COMING DOWN HERE.
AND I APPRECIATED LEARNING ABOUT FREON.
UM, I DO WANT TO SAY THAT I THINK WE ALL UNDERSTAND THE HISTORIC NATURE OF THE BUILT.
WE'VE HAD TWO PRESERVATION EXPERTS THUS FAR TALK ABOUT THE HISTORY OF THE BUILDING.
SO I, YOU KNOW, I THINK THERE'S OVER 30 PEOPLE SIGNED UP TO SPEAK.
SO IF YOU HAVE SOMETHING UNIQUE TO SAY THAT WOULD, YOU KNOW, CHAIN, CHAIN, YOU KNOW, SOMETHING TO ADD TO THE CONVERSATION, PLEASE FEEL FREE TO COME UP.
AND OF COURSE YOU HAVE MADE ALL THIS WAY, COME ALL THIS WAY TO TALK, AND WE WANT TO HEAR YOUR FEEDBACK, BUT PLEASE TRY AND SAY SOMETHING THAT IS UNIQUE THAT WE HAVEN'T ALREADY HEARD.
I'M A BOARD MEMBER OF THE LOCAL MID TEXT MUD CHAPTER OF DOCOMO INTERNATIONAL ORGANIZATION, THAT ADVOCATES FOR THE CONSERVATION OF MODERN SITES AND BUILDINGS.
I'M ALSO A HISTORIAN AND REGISTERED ARCHITECT AND CURRENTLY SERVING AS THE DIRECTOR OF ARCHITECTURE FOR HQ ARCHITECTS.
SO I HOPE WE CAN ADD SOME PRACTICE AND SOME HISTORY TO THIS AS WELL.
UH, SPECIFICALLY ABOUT THE ARCHITECTURAL DETAILS.
UM, YOU'VE HEARD HOW THE ORCHESTRA VILLAGE AS A WHOLE IS AN INCREDIBLY SIGNIFICANT, UM, BUT, AND THEY TESTED NOT JUST THE EQUIPMENT, BUT ALSO FORM AND, UM, AND ORIENTATION THAT ARE FACTS THAT WE STILL USE TODAY IN DAILY PRACTICE.
SO THE MAIN THING TO LOOK AT THE, AT THE STUDIES AND SEE HOW MUCH THAT HAS INFORMED HOW WE DESIGNED TODAY TO, TO THAT END, THEY INCLUDED A RANGE OF TRADITIONAL MODERN DESIGNS, 25 0 2 PARK VIEW, UH, WAS THE MOST STRIKINGLY MODERN OF THESE TEST HOUSES AND THE MOST ARCHITECTURAL DISTINGUISHED.
SO NOT ONLY IS IT ONE OF THE BEST PRESERVED IN THE AC VILLAGE IS ALSO THE MOST REPRESENTATIVE OF THE STATE OF THE ART IN 1954.
AND IT IS ALL THE MORE SIGNIFICANT FOR BEING DESIGNED, NOT FOR WEALTHY CLIENTELE, BUT FOR THE AVERAGE AUSTIN FAMILY AMONG THE ARCHITECTURAL FEATURES THAT MAKE THE AIR TIM HOUSE, THE CARTER'S EXAMPLE OF MID-CENTURY RESIDENCE ARCHITECTURE INCLUDES PANELIZED CONSTRUCTION WITH EXPRESS STRUCTURAL FRAME, A LOW-PROFILE HORIZONTAL, UM, UH, STARTING SLASH WINDOWS INTEGRATED INTO THE FACADE.
IT'S LOW SLOPE ROOF WITH EXTENDING BEAMS, UNIFYING, BOTH ENCLOSED AND UNENCLOSED SPACES FOR THE HOME AND CREATING CLERESTORY WINDOWS ABOVE THOSE WALLS.
IT'S LONG EXTENDED CAR PORT FACING SOUTHWEST TO SHADE THE HOUSE AND CELEBRATE THE CAR AS A NEW PART OF ARCHITECTURE.
AND THEN THE PERFORATED BRICK, UH, SCREEN WALLS OF VARYING HEIGHTS TO BALANCE, UH, VIEW LIGHT AND AIR ACCESS WITH PRIVACY, THE INCLUSION OF THE LOW WALL UNDER THE CAR PORT TO MARK THE ENTRY SEQUENCE CONTRAST WITH THE FULL HEIGHT WALL AND CLOSING THE OUTDOOR LIVING SPACES.
AND THEN THE LOW PLANTER IS A PARTICULARLY CLEVER COMPOSITION.
THE PLAN ALSO REVEALS A MORE INNOVATIVE ARRANGEMENT OF INTERIOR SPACES THAN THE OTHER HOUSES IN THE NEIGHBORHOOD.
THERE IS A RIGOROUS DIVISION OF SERVICE AND SERVE SPACES TO PROVIDE LARGE OPEN ROOMS THAT EXTEND INTO EXTERIOR SPACES WITH VARYING DEGREES OF SHADE AND ENCLOSURE AS THE MOST WELL-PRESERVED AMONG THE ARCHITECTURALLY SIGNIFICANT, UH, DESIGNS OF THE TEST HOUSES.
THIS HOUSE FAR EXCEEDS THE CRITERIA FOR LOCAL DESIGNATION AS REFLECTED BY THE UNANIMOUS RECOMMENDATION FROM THE HLC.
[01:15:01]
FROM A PROFESSIONAL HISTORICAL STANDPOINT, THERE IS NO REASONABLE JUSTIFICATION TO DENY HISTORIC ZONING.UM, I PERSONALLY HAVE A HIGHER BAR THAN MOST OF MY COLLEAGUES WERE SINGLE FAMILY HOUSES TO BE PRESERVED.
AND THIS ONE SAY SALES RIGHT OVER THAT HIGH BAR.
YOU WILL NOT HEAR FROM MR. JOHN TATE FOLLOWED BY CHERYL KELLY GINSBURG.
UM, SO I'M ON THE BOARD OF DIRECTORS OF THE ALLENDALE NEIGHBORHOOD ASSOCIATION.
I'M SPEAKING TODAY ON MY OWN BEHALF, NOT FOR THE ASSOCIATION, BUT I WOULD LIKE TO REPORT ON THE ACTION THE ASSOCIATION TOOK, UM, UH, BACK IN DECEMBER, UM, MY WIFE AND I HAVE LONG ENJOYED SEEING THIS HOUSE ON OUR WALKS AROUND THE NEIGHBORHOOD.
AND, UM, WE APPRECIATED THE TOUR, UH, THAT THE, UM, UH, MID TECHS MOD ORGANIZED OF THE, OF THE, UH, OF THE AIR CONDITIONED VILLAGE.
UM, I'LL SKIP THE RECITATION OF THE HISTORY, UM, CAUSE Y'ALL HAVE HAD THAT, BUT I DO THINK IT'S KIND OF IT'S, IT'S, UH, SORT OF HUMOROUS, IF YOU THINK OF MOST FAMOUS HOUSES, IMAGINE THE SCARBOROUGH HOUSE OR SO ON.
THEY'RE NAMED FOR THE FAMOUS PERSON THAT LIVED THERE OR OWNED IT OR SOMETHING LIKE THAT.
THESE HOUSES WERE NAMED FOR THEIR AIR CONDITIONERS, BUT, UH, WHICH IS SORT OF HUMOROUS, BUT IT ALSO SHOWS WHAT WAS HISTORIC ABOUT THEM.
SO THIS IS THE CHRYSLER AIR TEMP HOUSE.
THE, UM, SO THE, IN DECEMBER, THE BOARD OF DIRECTORS OF THE ALLENDALE NEIGHBORHOOD ASSOCIATION PASSED A RESOLUTION, UM, RECOGNIZING 2,500 TO PARKVIEW AVENUE AS AN ASSET TO THE NEIGHBORHOOD BECAUSE OF ITS HISTORY AND ENCOURAGING THE OWNER, NOT TO DEMOLISH IT, BUT TO RENOVATE IT IN A WAY THAT PRESERVE ITS HISTORIC VALUE.
OR WE SENT THE RESOLUTION TO THE OWNER WITH A LETTER OFFERING TO FACILITATE A SOLUTION THAT MEETS EVERYONE'S OBJECTIVES.
THE NEIGHBORHOOD ASSOCIATION HAS NOT TAKEN A POSITION ON THE HISTORIC ZONING REQUEST.
UM, AND ALSO IT DID NOT TAKE A POSITION ON THE PREVIOUS APPLICATION FOR THE NATIONAL HISTORIC DISTRICT, WHICH WAS APPLIED FOR THAT WAS MENTIONED PREVIOUSLY.
SO THANKS FOR THE OPPORTUNITY TO SPEAK NOW WE'LL HEAR FROM CHERYL KELLY GINSBURG FOLLOWED BY KELLY.
SAVADRA GOOD EVENING, MADAM CHAIR, COMMISSIONERS.
MY NAME IS CHERYL KELLY GINSBURG.
I SPLIT LIVE ON GREYSTONE DRIVE AND I AM PRESENTING MYSELF TONIGHT.
I SUPPORT THE PRESERVATION OF THE AIR TEMP HOUSE AT 25 0 2 PARK VIEW DRIVE.
I HAD THE BENEFIT OF GROWING UP IN AUSTIN'S AIR CONDITIONED VILLAGE AND THE PLEASURE OF LIVING IN 25 0 2 PARK VIEW.
BOTH CAN BE CREDITED WITH MY OBTAINING A DOCTORATE IN ENVIRONMENTAL PSYCHOLOGY.
THIS FIELD STUDIES, HOW ISSUES LIKE AIR CONDITIONING AFFECT PEOPLE'S HAPPINESS, FRIENDSHIPS AND HEALTH AIR CONDITIONED VILLAGE STUDY THESE ISSUES AS WELL AS AFFORDABILITY OF AIR CONDITIONING AND DESIGN INNOVATIONS.
MY PARENTS LOVED THE HOME AT 25 0 2 PARK VIEW.
THEY KNEW THEY WERE SEEING SOMETHING IN WHICH THEIR FIELDS CONVERGED.
MY FATHER WAS A RESPECTED STRUCTURAL ENGINEER.
HE BECAME PRESIDENT OF AUSTIN'S TIP SIGN, THE STEEL COMPANY.
MY MOTHER WAS AN ACCOMPLISHED ARTIST.
HIS WORK BECAME NATIONALLY KNOWN, BOTH RECOGNIZED AS A LINES, ANGLES, PLANES, POSITIVE AND NEGATIVE SPACES.
AND MORE THAT FRED DAY HAD DESIGNED.
THEY SAW THE FLUIDITY, THESE LINES CREATED, AND I HAVE COME TO CALL THIS HOUSE.
AN EXAMPLE OF ART ARCHITECTURE, BOTH ARE SO COMPLETELY ENTWINED HERE.
IT'S AN ICONIC EXAMPLE OF MID CENTURY, MODERN ARCHITECTURE, AND IT IS PRIZED ARCHITECTURAL HISTORY.
WHEN THE HOME WAS FOUR YEARS OLD FOR AN ANNIVERSARY GIFT, MY FATHER GAVE IT TO MY MOTHER.
THEY MOVED INTO THEIR DREAM HOME WHEN I WAS FIVE AND LIVED THERE FOR 60 YEARS, I MOVED INTO PARADISE.
THERE WERE CHILDREN TO PLAY WITH AND WE TOOK FULL ADVANTAGE OF THE FIELDS OF TALL BLUE BARTLETT'S.
WE BUILT FORWARDS GATHERED ARROWHEADS FOUNTAIN, PART OF A PLOW ALL THE WHILE AVOIDING THE COUNTLESS HORN TOADS THAT LIVED IN THE FIELDS.
WE KIDS PLAYED HARD UNDER THE TEXAS SUN IN THE HEAT AND KNEW WE WOULD GO HOME TO AIR CONDITIONING AND COOLING AS OUTSIDE TEMPERATURE STORED.
OUR PARENTS VISITED INSIDE AND COOLER FOR BOTH CHILDREN AND ADULTS.
[01:20:01]
LIFELONG FRIENDSHIPS WERE FORMED AND THERE WAS A SENSE OF COMMUNITY HAPPINESS AND BELONGING.I REALIZED NOW THAT MY PLEASANT CHILDHOOD WAS DEEPLY AFFECTED BY FRED DAY'S ARCHITECTURE AND ITS INCLUSION IN AUSTIN'S AIR CONDITIONS, VILLAGE.
WHERE ARE THE HORN TOADS TODAY? WHERE ARE THE PEOPLE OF THE FIELD? WHAT DID THEY LIVE IN? LET US NEVER HAVE TO ASK THESE QUESTIONS ABOUT 25 0 2 PARK VIEW.
IT WOULD MEAN THAT FAR TOO MUCH HAD BEEN LOST TO BOTH THE PRESENT AND THE FUTURE.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
WE'LL NOW HEAR FROM KELLY'S THE BEDROOM.
UH, MY NAME IS KELLY SAAVEDRA AND I SUPPORT THE PRESERVATION OF 2,500 TO PARK VIEW DRIVE MY FAMILY.
AND I LIVED DOWN THE STREET IN A HOUSE THAT IS VERY SIMILAR LOCATED AT 27, 10 PARK VIEW DRIVE.
THESE TWO HOUSES SHARE THE SAME FLOOR PLAN, UH, THE SAME SQUARE FOOTAGE IN MID-CENTURY MODERN DESIGN, AND THEY ARE THE SAME AGE.
THEY DIFFERENT SOME DESIGN DETAILS AND MATERIALS.
BUT THE BIGGEST DIFFERENCE IS THAT THE HOUSE AT 25 0 2 WAS BUILT AS PART OF THE HISTORIC AUSTIN AIR CONDITIONED VILLAGE AND OURS WAS NOT WELL, OURS HAS SOME OF THE SAME ARCHITECTURAL VALUE, 25 0 2 WAS CREATED AS PART OF THE AIR CONDITIONED VILLAGE.
SO IT HAS THE HISTORICAL AND COMMUNITY VALUE THAT OURS DOES NOT.
WE HAVE BEEN HERE SINCE 2005 AND AFTER MOVING INTO THIS HOUSE, WE'VE RAISED TWO CHILDREN.
NOW, 14 AND 11 YEARS OLD, WE FELL IN LOVE WITH THIS HOUSE.
THE MOMENT WE SAW IT BECAUSE THE ARCHITECTURE HAD SUCH A UNIQUE AND BEAUTIFUL DESIGN.
WE WANTED TO KEEP THE BONES OF THIS HOUSE INTACT.
EVEN BEFORE WE WERE ABLE TO REMODEL ALMOST EVERY PERSON WHO VISITED OUR HOUSE SAID HOW MARVELOUS IT WAS FROM THE MAGNIFICENT NATURAL LIGHT GAINED BY ALL THE WINDOWS TO THE OPEN LAYOUT.
THAT WAS SO TREASURED IN MID-CENTURY MODERN HOUSES.
EVENTUALLY A COUPLE WHO CAME OVER, WERE ARCHITECTS SPECIALIZING IN MID-CENTURY MODERN PRESERVATION.
THEY TOLD US THAT THEY BELIEVED OUR HOUSE TO BE ONE OF THE BEST EXAMPLES OF TRUE MID-CENTURY MODERN HOUSES.
THEY TOLD US TO CALL THEM WHEN WE DECIDED TO DO REMODELING, WE DID JUST THAT.
AND THEY WERE ABLE TO HELP US UPDATE OUR HOUSE WHILE KEEPING IT TO ITS MID-CENTURY DESIGN.
IT IS STILL THE SAME HOUSE, BUT WITH NEW WINDOWS SIDING AND AC HVAC SYSTEM, TO MAKE IT ENERGY EFFICIENT, THE CLEAN LINES THAT ALREADY EXISTED IN THE ORIGINAL DESIGN ARE ACCENTUATED BEAUTIFULLY WITH OUR UPDATES AND THE OPENNESS THROUGHOUT THE HOME.
WE DIDN'T ADD ON TO THIS HOUSE OR KNOCKED DOWN ANY WALLS.
WE JUST LET THE BEAUTY OF THIS HOUSE SHINE THROUGH.
I TELL YOU ALL OF THIS, BECAUSE THESE, IF THESE THINGS ARE TWO OF OUR HOUSE, THEY CAN BE TRUE OF 25 0 2 PARKVIEW AS WELL.
WE HAPPILY RAISED OUR FAMILY WITH TWO CHILDREN HERE.
WE LOVE HAVING PEOPLE OVER TO SEE OUR BEAUTIFUL AND UNIQUE HOUSE.
I THINK IT WOULD BE A DISGRACE TO TEAR DOWN THIS WONDERFUL PIECE OF HISTORY WE BOUGHT IN THIS NEIGHBORHOOD BECAUSE HE LOVED ITS CHARACTER AND CHARM.
THIS HOUSE IS A PRIME EXAMPLE OF HOW THIS NEIGHBORHOOD STARTED.
WE HAVE NEVER FOUND OUR HOUSE TO BE TOO SMALL FOR OUR NEEDS AS A FAMILY OF FOUR, EVEN WITH OUR CHILDREN IN THEIR TEENAGE YEARS, THE HISTORICAL LANDMARK COMMISSION STATES THAT PROPERTIES MUST MEET TWO CRITERIA FOR LANDMARK DESIGNATION.
THREE MAKES AN EVEN STRONGER CASE LIKE A STURDY THREE LEGGED STOOL.
WHILE MY HOME HAS THE ARCHITECTURAL MERIT, IT LACKS.
THE OTHER CRITERIA NEEDED TO BE DEEMED HISTORICAL.
ONLY ONE LEG TO STAND ON 25 0 2 HAS OUTSTANDING ARCHITECTURAL HISTORICAL AND COMMUNITY VALUE, A STURDY THREE LEGGED STOOL THAT YOU CAN REST.
YOUR REPUTATION ON MY HOUSE CAN NEVER BE THAT.
PLEASE PRESERVE THIS MARVELOUS PIECE OF ELLENDALE HISTORY.
THERE AREN'T VERY MANY OF THESE GYMS LEFT TO SAVE.
THANK YOU FOR YOUR TIME CONSIDERATION.
WE'LL NOW HEAR FROM MACK RAGSDALE FOLLOWED BY CAROLYN CRIM.
WELL, THANKS TO A ZONING AND PLANNING FOR LISTENING.
I'M MAC RAGSDALE AND AUSTIN RESIDENTS SINCE 1969 ARCHITECT FOR 40 PLUS YEARS HAD MY OWN FIRM FOR 30 YEARS OF THAT.
I RETIRED WITH OCCASIONAL DABBLING IN THE WORLD OF REAL ESTATE AND PROJECT DEVELOPMENT.
I KNOW WHAT IT'S LIKE ON THE DARK SIDE, BECAUSE I'VE BEEN THERE.
UH, AND USUALLY I'M AN ADVOCATE FOR PROPERTY RIGHTS AND WOULDN'T WANT TO DO SOMETHING OVER AN OWNER'S WISHES, BUT THIS IS A TRULY UNIQUE SITUATION.
THE AIR TEMP MODERN IS A RARE GYM.
AS YOU'VE HEARD, IT'S A SHINING EXAMPLE OF A DWINDLING NUMBER OF FULLY INTACT.
MID-CENTURY MODERN IN THAT RARE MISSING METAL AT 1001 60 SQUARE FEET.
IT'S BEEN MY HOPE AND STILL IS THAT EVERYONE WOULD COME TO THEIR SENSES AND SEE THE ENORMOUS OPPORTUNITIES AT STAKE.
IT SEEMS TO ME ENTIRELY POSSIBLE TO AT LEAST PRESERVE
[01:25:01]
THE STREET FACING FACADE OF THE OLD HOUSE AND ADD AN EXPANSION BEHIND IT AND WIND UP WITH AN AREA AS LARGE AS IF YOU JUST SCRAPED IT AND STARTED OVER.I'VE SEEN THE PLANS THAT FOR THE NEW HOUSE THAT THE ARCHITECTS W A O DID FOR THE DEVELOPER AND MASTERFUL JOB, AND I SHOULD THINK THEY COULD TURN THEIR TALENTS TO SOMETHING EVEN MORE PRESERVATION MINDED, EVEN BETTER, EVEN BETTER WOULD BE FOR THE CITY AND THE NEIGHBORHOOD ASSOCIATION TO ALLOW SOME ENTITLEMENTS THAT WOULD HELP REDUCE SOME OF THE RISKS FOR THE OWNER AND DEVELOPER SUCH AS ALLOWING AN ADU ON THE LOT OR A TWO-STORY STRUCTURE.
APPARENTLY THERE ARE SOME RESTRICTIONS THAT LIMIT THE LOT TO SINGLE HOUSE, SINGLE STORY ALLOWING SOME MORE INTENSIVE USE WOULD NOT ONLY ALLOW THE OWNER AND DEVELOPER TO PRESERVE THE OLD HOUSE, BUT ALSO CONTRIBUTE TO AUSTIN'S AFFORDABILITY AND HIS BOTTOM LINE.
I DON'T KNOW IF IT'S TOO LATE TO PUSH THE PAUSE BUTTON, BUT IT WOULD BE GREAT IF EVERYBODY COULD STEP BACK, LOOK AT IT FROM ANOTHER ANGLE AND TRY TO COMPROMISE ON SOMETHING THAT WORKED FOR ALL PARTIES.
I ACTUALLY SUGGESTED THIS TO MR. CORRIGAN AND MR. LEWIS BY EMAIL AND VOICEMAIL SOME MONTHS AGO, BUT NEVER GOT A REPLY IN CLOSING.
I WANT TO SAY THAT I WAS PRIVILEGED AS A YOUNG ARCHITECT TO WORK UNDER FRED DAY.
I CAN SAY UNEQUIVOCALLY THAT HE WAS ONE OF THE MOST INTELLIGENT AND TALENTED PEOPLE THAT I EVER HAVE KNOWN BREAD DAY HAS A RESPECTED BODY OF WORK HERE IN AUSTIN, INCLUDING THE TEACHER RETIREMENT SYSTEM HEADQUARTERS IN DOWNTOWN SAVING THE AIR TEMP WOULD ALSO PRESERVE THE LEGACY OF DESIGN EXCELLENCE FROM ONE OF AUSTIN'S MOST NOTABLE ARCHITECTS FOR FUTURE GENERATIONS.
WE'LL NOW HEAR FROM MS. CAROLYN CROOM FOLLOWED BY ROBERT MACY.
EACH YOU WILL HAVE THREE MINUTES.
I'M GOING TO SKIP THROUGH SOME OF THIS.
I RECENTLY TALKED WITH BLAKE TELE OF THE HISTORIC LANDMARK COMMISSION ABOUT THIS RESIDENCE.
HE CHARACTER CHARACTERIZE IT AS DRIPPING WITH HISTORY AND SAID THAT THIS KIND OF HOUSE COMES ALONG RARELY ONCE IN A FEW DECADES, HE STATED THAT THE AIR CONDITION VILLAGE WAS A LIVING EXPERIMENT, SHOWING GREAT INNOVATION AND DRIVE.
HE FELT OUR CITY MUSTN'T TAKE FOR GRANTED THIS FOUNDATIONAL WORK, A BUILDING MUST MEET AT LEAST TWO CRITERIA OUT OF FIVE FOR DESIGNATION AS A LOCAL HISTORIC LANDMARK.
IT'S UNCOMMON FOR A BUILDING TO MEET THREE CRITERIA.
THIS HOUSE NOT ONLY MEETS, BUT WELL EXCEEDS IN THREE CRITERIA.
I MENTIONED EARLIER, TERRY MYERS CHAIR OF THE LANDMARK COMMISSION STATED AT THEIR MEETING LAST AUGUST THAT THE HOME MEETS THE CRITERIA IN AN OUTSTANDING WAY.
AND SHE SAID, NOT ONLY IS IT THE BEST EXAMPLE IN THE AC VILLAGE, BUT ONE OF THE BEST EXAMPLES OF MID-CENTURY ARCHITECTURE THAT WE'VE SEEN AT THE COMMISSION IN QUOTE, NOT SURPRISINGLY, THE HISTORIC LANDMARK COMMISSION VOTED UNANIMOUSLY TO RECOMMEND IT FOR LOCAL HISTORIC LANDMARK DESIGNATION OF THE 14 TEST HOMES REMAINING.
THE DEVELOPER OF THIS PROPERTY HAS DEMOLITION PERMITS FOR TWO OTHERS.
SO AFTER THEIR DESTRUCTION, ONLY 12 HOMES WILL REMAIN THREE HISTORIC PRESERVATION ORGANIZATIONS, RESERVATION AUSTIN, TRAVIS COUNTY, HISTORICAL COMMISSION, AND VITEX MOD HAVE WEIGHED IN STRONGLY URGING THE CITY TO PRESERVE THIS MOST OUTSTANDING HOME OF THE ORIGINAL 22 KELLY SAAVEDRA HIS HOUSE AND KEVIN SMITH'S HOUSE MAYBE MENTIONED AS POSSIBLE HOUSES THAT COULD BE CITY HISTORIC LANDMARKS.
YOU'VE ALREADY HEARD WHY MRS.
THE HOUSE DOESN'T HAVE INTEGRITY BECAUSE IT IS TOO MODIFIED AND THEREFORE CAN'T BE A LANDMARK.
AUSTIN SHOULD PRESERVE THE FEW HISTORICAL STRUCTURES OUR CITY HAS INHERITED, AND IT'S IMPORTANT TO INCLUDE MODEST SIZE HOMES AMONG OUR HISTORIC LANDMARKS AT 1,160 SQUARE FEET.
THIS SMALL HOME OF THE BIG HISTORY WELL DESERVES A PLACE AMONG AUSTIN'S HISTORIC MANSIONS AND PUBLIC BUILDINGS.
THE OPPORTUNITY TO SAVE SUCH A HOUSE SUCH AS DISAPPEARS, QUITE RARELY, AND OUR CITY SHOULD NOT MISS THE OPPORTUNITY TO PRESERVE IT.
WE'LL NOW HEAR FROM MR. ROBERT MACE FOLLOWED BY MS. CARLA PENNY COMMISSIONERS.
I LIVE IN THE ALLENDALE NEIGHBORHOOD ASSOCIATION AND JUST A FEW BLOCKS AWAY FROM THIS HOUSE.
UM, SINCE MANY OF MY COMMENTS HAVE BEEN ADDRESSED ALREADY.
I'LL SAVE YOU TIME AND JUST, UH, TALK ABOUT MAYBE ONE THING THAT HASN'T BEEN DISCUSSED, WHICH IS, UM, ALLENDALE HAS A LOT OF, UM, HOMES KIND OF FROM THE MID CENTURY AREA OR TIMEFRAME 1950S OR SO.
AND A LOT OF HOMES HAVE MID CENTURY DESIGN ELEMENTS TO THEM, BUT NONE OF THEM,
[01:30:01]
UM, SCREAM MID CENTURY MODERN LIKE THIS HOUSE.SO IN THAT SENSE, IT'S, IT'S VERY UNIQUE AMONGST THE HOMES THAT ARE IN THE NEIGHBORHOOD.
UM, AND, AND IT IS A VERY PLEASANT HOUSE TO, UH, TO WALK BY.
I'M NOT AN ARCHITECTURAL EXPERT, BUT I REALLY APPRECIATE MID CENTURY MODERN.
AND I THINK IT'S A PRETTY FABULOUS.
ONE OF THE THINGS I'LL SAY IS A KIND OF COMPLETE, A THOUGHT THAT WAS MADE EARLIER WAS, UM, A CONNECTION, UM, FROM THIS PROPERTY TO AUSTIN GREEN BUILDING PROGRAM, BUT ALSO TO THE LEAD PROGRAM THAT, UH, GOVERNS A LOT OF CERTIFICATIONS FOR GREEN BUILDING.
WELL, NOT HERE FOR MS. CARLA PENNY, MS. PENNY FIELD, SELECT STAR SIX, PROCEEDED WHERE YOUR MARKS FOLLOWED BY JOHN I'M CHRIS.
MY NAME IS CARLA PENNY AND I AM A NEIGHBOR TO THIS HOUSE AND HAVE LIVED IN THE COMMUNITY FOR 30 YEARS.
AND I HAVE I'M SPEAKING TO THE POINT OF COMMUNITY VALUE.
AND FOR ME, THIS HOUSE IS SO LOVELY.
I HAVE JUST LOVED THIS HOUSE FOR 30 YEARS BECAUSE IT IS, UM, PEOPLE HAVE USED THE WORD GYM AND IT IS TRULY A GEM OF MID-CENTURY MODERN ARCHITECTURE.
I'M NOT AN ARCHITECT, I'M I, UM, DIDN'T, UM, DIDN'T KNOW THE PROVENANCE OF THIS HOUSE UNTIL THIS, UM, THIS, UM, ZONING ISSUE HAS COME UP.
AND EVEN WITHOUT THAT BACKGROUND KNOWLEDGE, I JUST, UM, THANKS.
THIS IS JUST A WONDERFUL PIECE OF MID-CENTURY ARCHITECTURE.
THAT WOULD BE, IT WOULD BE HEARTBREAKING TO LOSE IT FROM OUR COMMUNITY.
WE'LL NOW HEAR FROM MR. HUMPHREYS SELECT STAR SIX WILL BE FOLLOWED BY, UH, MY NAME'S JOHN I'M PERSON.
I LIVE AT 26 GARRITY AVENUE, JUST A COUPLE OF BLOCKS FROM 25 0 2 PARK VIEW.
AND I'M IN SUPPORT OF THIS REZONING REQUEST I SENT ALL OF Y'ALL MY REMARKS, BUT I'M GOING TO GIVE YOU A TRUNCATED VERSION, THE HOUSES WHERE CONDITIONS, VILLAGE REPRESENTATIVE HISTORICAL TOUCHSTONE, NOT JUST FOR AUSTIN, BUT FOR THE UNITED STATES AS A WHOLE, THEY WERE DESIGNED AND CONSTRUCTED A PROOF OF CONCEPT THAT HOUSES COULD BE SUCCESSFULLY.
AND THE PORTABLE AIR CONDITIONING WAS BOTHERING US IN SEPTEMBER OF 2019.
I RETIRED AFTER 14 YEARS WITH AUSTIN ENERGY GREEN BUILDING PROGRAM.
THE LAST 12 OF THAT, I WAS RESPONSIBLE FOR DEVELOPING AUSTIN'S RESIDENTIAL ENERGY CODE.
WHEN I STARTED THAT JOB BACK IN 2005, IT WAS COMMON FOR BUILDERS AND MECHANICAL CONTRACTORS TO RELY ON A RULE OF THUMB OF ONE TON OF COOLING CAPACITY FOR EVERY 400 SQUARE FEET OF CONDITIONED SPACE.
BY COMPARISON, THE AIR CONDITIONED VILLAGE HOMES JUST FIGHT HAVING LESS INSULATION AND LESS TIGHT CONSTRUCTION.
DIDN'T MODERN HOMES, AVERAGE A TON OF COOLING CAPACITY PER 600 SQUARE FEET IN PRESENTATIONS TO BUILDING PROFESSIONALS.
AND THE PUBLIC OFTEN HELD UP THE AIR CONDITIONED VILLAGE AS AN EXAMPLE OF WHAT COULD BE ACCOMPLISHED FROM THE STANDPOINT OF DESIGN AND CONSTRUCTION AFTER ALL, IF IT WAS BEING DONE A HALF CENTURY AGO, AND NOW NEARLY THREE QUARTERS OF A CENTURY AGO, THEN WHY NOT TODAY? AS MARY CAROL MENTIONED MUCH OF THE DNA IN TODAY'S GREEN BUILDING STANDARD AND AUSTIN'S ENERGY CODE, RADIANT BARRIER ROOF DECKING, ROOF OVERHANGS REDUCED GLAZING ON THE WEST WALLS, ACCURATE COOLING, ACCURATE CALCULATION OF COOLING AND HEATING LOADS AND ACCURATE SIZING AND MECHANICAL SYSTEMS CAN BE TRACED BACK TO THE AIR CONDITIONED VILLAGE AND SIMILAR PROJECTS.
IT WOULD BE A SHAME IF THIS PARTICULAR AND VERY IMPORTANT PART OF BOSTON'S RESIDENTIAL CONSTRUCTION HISTORY, WHERE TO BE LOST.
WELL, NO, HERE FROM ISABEL HENDERSON HI.
UM, MY NAME'S ISABEL HENDERSON AND I'M A RESIDENT OF LILY DALE, AND I SPEAKING IN FAVOR OF STATING THE EXTRAORDINARY HEALTH.
UM, I'M A RUNNER IN OUR NEIGHBORHOOD, UM,
[01:35:01]
AND IT SEEMS LIKE EVERY SINGLE DAY I PASSED ANOTHER HOUSE THAT'S BEEN DEMOLISHED.UM, SOMETIMES IT SEEMS LIKE THERE ARE ENTIRE BLOCK THAT ARE BEING RAISED AND REBUILT.
UM, AND IT MAKES ME SAD TO SEE HOUSES LIKE THIS ONE THAT ARE SO UNIQUE AND ARCHITECTURAL SIGNIFICANCE LOST THE TIME.
UM, THIS HOUSE, AS OTHERS HAVE SAID WITH SUCH ELOQUENCE IS A SINGULAR EXAMPLE OF MID-CENTURY ARCHITECTURE AND ALSO REPRESENTS AN ATTEMPT TO COMBINE DESIGN WITH WHAT WAS THEN A CUTTING EDGE TECHNOLOGY THAT CONTRIBUTED TO THE DEVELOPMENT, NOT JUST OF AUSTIN, BUT THE STATE OF TEXAS AND THE SOUTHWEST AS A WHOLE.
THERE IS A GROWING INTEREST IN ENVIRONMENTALLY MINDED, ARCHITECTURE AND DESIGN, AND THIS HOUSE WAS SERVED AS A REMINDER OF THE PAST, AS WELL AS THE LOOK TOWARDS THE FUTURE.
UM, IT'S BEEN, UM, REALLY WILD TO WATCH.
UM, THIS NEIGHBORHOOD CHANGED SO DRASTICALLY JUST IN THE PAST FEW YEARS.
UM, AND I THINK THAT WE HAVE A RESPONSIBILITY TO MAINTAIN UNIQUE HISTORIC AT HOME, UM, OR WE WILL NOT DOING SO YEARS DOWN THE LINE.
UM, IF WE DON'T DO THE AUSTIN'S NEIGHBORHOODS, WE'LL LOSE THEIR HISTORY AND THEIR CHARM.
AND WE'LL START TO LOOK LIKE ANY OTHER COOKIE CUTTER NEIGHBORHOOD ACROSS AMERICA.
UM, RAISING THIS PATH WOULD NOT ONLY BE A BLOW TO THE NEIGHBORHOOD, BUT ALSO THE DESIGN AND ARCHITECTURAL COMMUNITY AND ARCHIVE AS A WHOLE.
UM, I CANNOT ENCOURAGE YOU ENOUGH TO DESIGNATE THIS HOUSE AS A LANDMARK AND PREVENT DESTRUCTION.
WE'LL NOW HEAR FROM MS. ELAINE ROBBINS.
I DON'T BELIEVE YOU'RE ON THE LINE, BUT IF YOU'RE ON THE LINE, PLEASE SELECT STAR SIX AND PROVIDE YOUR REMARKS.
ROBYN IS A NEIGHBOR ADJACENT TO 25 0 2 PARK VIEW AND AMENDMENT PRESERVATION.
I FAVOR REZONING THIS HOUSE AND HONORING THE DEEP RESTRICTION.
I'VE HEARD A FEW PEOPLE IN THE NEIGHBORHOOD BETTER HISTORIC DESIGNATION TO IMPACT THE VALUE OF OTHER HOMES IN THE NEIGHBORHOOD.
I HAVEN'T SEEN ANY FACTUAL BASIS FOR THAT IDEA.
IN FACT, I'VE SEEN ARTICLES THAT SHOW THAT HISTORIC, THAT THE NATION DOES NOT VALUE OF OTHER PROPERTY NEARBY.
AND JUST LOGICALLY, I CAN'T THINK OF ANY REASON WHY IT WAS.
SO I THINK THE 25 0 2 PART TWO WAS UNIQUE AND WORTH SAVING.
AND IF YOU PRESERVE IT, YOU BRING VALUE TO US AND THEN THE FEEL OF THE NEIGHBORHOOD.
WE'LL NOW HEAR FROM MR. KEVIN SMITH.
IMAGINE CHAIR INSURANCE, CITY STAFF.
I'M HERE TODAY TO SPEAK FOR HISTORIC ZONING FOR 25 BOAT TO PARK TO DRIVE.
UM, AS WILL BE DISCUSSED LATER, I LIVE IN A VERY SIMILAR HOUSE AT 2,500 PARKVIEW DRIVE, BUT I WOULD SAY MUCH LIKE 25 0 5 AND 25 0 7 PARK VIEW DRIVE.
MY HOUSE HAS EXTENSIVE EXTERIOR MODIFICATIONS.
SO IT IS NOT A FAIR COMPARISON TO MAKE AS OTHERS THAT'S DONE.
I WILL SKIP OVER A LOT OF THE HISTORY YOU'VE ALREADY HEARD, BUT I WOULD LIKE TO TOUCH ON JUST BRIEFLY.
IT IS VERY RARE THAT THE HISTORICAL COMMISSION HAS THREE CRITERIA IN BED.
IN ADDITION, THERE'S A BROAD COALITION OF ACADEMIC GOVERNMENTAL NON-POSITIVE NON-PROFITS PRESERVATION AND
[01:40:01]
CIVIC INSTITUTIONS THAT SUPPORT THIS NOMINATION.I WOULD ALSO LIKE TO MENTION BASED ON FEEDBACK FROM PREVIOUS CITY STAFF TO HELP CENTRALIZE, PLEASE COMMENT FOR CASES.
WE HAVE STARTED A PETITION THAT NOW HAS A LITTLE BIT OVER 1300 SIGNATURES, AND SOME OF THOSE ARE FROM IN AND OUTSIDE OF AUSTIN, BUT I WOULD LIKE TO HIGHLIGHT 200 PEOPLE OF ALLENDALE NEIGHBORHOOD ZIP CODES THAT RESIDE INSIDE ALLENDALE HAS SIGNED A PETITION TO PRESERVE THIS HOUSE ON A CITY-WIDE BASIS, 620 AUSTINITES.
I HAVE DECLARED THIS HOUSE IS WORTH SAVING.
I AM ALSO IN FAVOR OF A REDEVELOPMENT STRATEGY THAT ALLOWS FOR THE PRESERVATION OF THE MOST PROBLEMATIC LIGHTS AT THE HOUSE WHILE ALLOWING A SUBSTANTIAL ADDITION TO HELP THE DEVELOPER AND THE OWNER RECOUP AND MAKE PROFIT ON THIS HOME.
IN ADDITION, IT IS MY UNDERSTANDING THAT CITY STAFF CAN GRANT ADDITIONAL ENTITLEMENTS AS NEEDED.
WE'LL NOW HEAR FROM MS. PAMELA ROGERS, PAMELA ROGERS FOLLOWED BY KELLY CAMERON MR. ROGERS IS YOU'LL SELECT STAR SIX.
WE'LL NOW HEAR FROM KELLY, CAMERON OKAY.
WELL AND HEAR FROM VICTOR X OUT.
I'M SPEAKING TONIGHT AS A NEIGHBOR ON 5 0 5 ARE FEW WITH THE PROPERTY THAT COMES WITHIN FIVE FEET OF TOUCHING 25 0 2.
IF THE RESIDENTS OF AUSTIN, AND AS A MEMBER OF PRESERVATION, AUSTIN, LIVING IN AUSTIN SINCE 2005, I HAVE COME TO APPRECIATE THE VARIOUS NEIGHBORHOODS, MANY WITH THE CLEAR CHARACTER OF THEIR OWN.
AND I WAS FASCINATED TO LEARN THE LOCAL HISTORIES.
I DON'T LIKE SEEING THE CHARACTER GRADUALLY BEING DESTROYED AND WITH IT, THOSE HISTORIES AND THIS HOUSE IS DETERMINING THE CHARACTER OF MY NEIGHBORHOOD AND OF ITS HISTORY.
IT GOES, THIS PART OF TOWN LOSES PARTS OF ITS CHARACTER AND HISTORY.
AS A MEMBER OF PRESERVATION, AUSTIN, I REMARKED THAT THIS IS NOT JUST ONE HOUSE.
IT'S THE WORK OF A LOCAL ARCHITECT WITH SEVERAL NOTABLE BUILDINGS TO HIS NAME AND THEREFORE PART OF LOCAL HISTORY AS PART OF THE AIR CONDITIONED VILLAGES, MOREOVER, PARTS OF THE HISTORY OF THE MODERN WAY OF LIFE IN THE SUNBELT.
WE SHOULD NOT ERASE SUCH CLEAR ILLUSTRATIONS OF LOCAL HISTORY.
FINALLY, I REALLY LIKED THAT THIS IS NOT SOME ONE OFF SHOWCASE HOUSE, BUT THE PIECE OF PEOPLE'S ARCHITECTURE DOCUMENTING THE DESIGN, THAT IS PART OF THE LIVES OF ORDINARY PEOPLE.
AND I'LL ARGUE FOR HISTORIC DESIGNATION OF THIS HOUSE.
WE'LL GO BACK TO MS. PAMELA ROGERS, MR. ROGERS, IF YOU'LL SELECT STAR SIX AND PROCEEDED WITH YOUR REMARKS.
[01:45:19]
OKAY.NATALIE FRENSLEY HELLO, I'M NATALIE.
LIKE, I DON'T WANT TO THANK YOU FOR YOUR SERVICE AND YOUR PART IN PRESERVING AND PROTECTING OUR CULTURAL ICON.
I'M AN AUSTINITE IN TECH, AND I'M ASKING FOR YOUR VOTE, PRESERVE THE CHRYSLER AIR TEMP HOUSE.
WHY DOES HELP MOST CULTURAL ICONS OR SOCIAL OR POLITICAL AND HISTORICAL SIGNIFICANCE? BUT THIS HOUSE IS REALLY UNIQUE AND RARE BECAUSE IT'S AN OFTEN SCIENCE AND TECH CULTURAL ICON.
THIS HOUSE, AN ALLENDALE, IT SAYS MUCH AN AUSTIN WIDE CULTURAL ICON AS ARCH BDO KIDS IN THE WEST LINE HISTORIC DISTRICT IN 1937, THE CITY TOOK AFTER MUCH LIKE TONIGHT TO PRESERVE THAT LIVING ICONIC TECHNOLOGISTS IN 1989, THE GREATER AUSTIN COMMUNITY RALLIED AROUND TREATY OAK.
WHEN A TROUBLED INDIVIDUAL TRIED TO DESTROY IT FROM EARLY LAST YEAR THROUGH TONIGHT, THE GREATER AUSTIN COMMUNITY AS RALLY TO PRESERVE THE AIR TEMP HOUSE.
BUT WHY THIS HOUSE, THIS HOUSE IS AN EXCELLENT EXAMPLE OF AUSTIN'S EARLY TECH INNOVATION, THAT SAME INNOVATE INNOVATION MADE OFTEN THE GLOBAL TECH HUB.
WE ARE TODAY, NOT FOR SERVING THE CHRYSLER AIR CAMP HOUSE.
THE MINISTER OFTEN DISTRICTS, THE CITY HAS CAREFULLY CULTIVATED TECH INNOVATION AS PART OF OUR GLOBAL OFTEN BRANDS LOSING THIS OFTEN SCIENCE AND TECH ICON WOULD BE THE LOOSE PART OF OUR HISTORY OF THE INTERNATIONAL TECH HELP.
THIS WOULD HURT OFTEN BRAND VALUE FOR ALL THESE REASONS.
PLEASE VOTE IN FAVOR OF PRESERVING THE CHRYSLER AIR TEMP HOUSE.
WELL, NO, HERE FROM THE OPPOSITION BEGINNING WITH MS. RACY, A DOT YOU'LL HAVE SIX MINUTES.
IS THERE A POWERPOINT CONTROLLER HERE? OH, OKAY.
I AM AN ATTORNEY WITH COATS ROSE.
I KNOW YOU PROBABLY FEEL LIKE YOU'VE BEEN SITTING HERE ALL NIGHT.
UM, BUT I'M HERE ON BEHALF OF THE PROPERTY OWNER THAT OWNS THE PROPERTY AT 25 0 2 PARK VIEW.
UH, I AM HERE TO REPRESENT THEM IN OPPOSITION TO THE REQUEST FOR THE ZONING CHANGE.
IF I CAN HAVE THE FIRST SLIDE, PLEASE.
SO, UH, YEAH, THIS IS 25 0 2 PARKVIEW.
I WANTED TO SORT OF, UH, EDUCATE YOU ALL A LITTLE BIT BECAUSE THERE'S BEEN A LOT ABOUT WHAT REALLY THE FACTS ARE OF THE CASE, BUT I'D LIKE TO FOCUS IN ON A FEW THINGS.
NUMBER ONE IS WHERE THE PROPERTY IS LOCATED.
NUMBER TWO IS I'D LIKE TO MENTION TO YOU THAT THIS PROPERTY IS FIRST OF ALL, UM, ONE PROPERTY THAT IS LOOKING TO BE REZONED.
WHEN MANY, MANY PROPERTIES IN THE AIR CONDITIONED VILLAGE COMMUNITY HAVE ALREADY BEEN DEMOLISHED.
AND THE QUESTION BECOMES WHY NOW AND WHY THIS PARTICULAR PROPERTY YOU'VE HEARD A LOT OF PEOPLE TALK ABOUT UNIQUENESS, BUT THAT BRINGS ME TO THE THIRD POINT, WHICH IS THAT THE PROPERTY DOES NOT MEET THE LAND DEVELOPMENT CODE REQUIREMENTS FOR THE REZONING.
AND I'LL WALK YOU THROUGH THOSE.
FIRST OF ALL, IF YOU LOOK AT THE NEIGHBORHOOD, YOU'RE GOING TO SEE THE SUBJECT PROPERTY WHERE THE ARROW IS, AND YOU'LL SEE THAT ALL THE HOMES AROUND HERE ARE SINGLE FAMILY, RESIDENTIAL.
THERE'S NO HISTORIC HISTORIC HOMES IN THIS AREA THAT HAVE BEEN DESIGNATED.
AND IN FACT, MANY OF THE HOUSES HAVE ALREADY BEEN DEMOLISHED.
AND SO IT LEADS US TO THE QUESTION OF WHY THIS HOUSE AND WHY NOW, NEXT SLIDE, PLEASE.
[01:50:01]
OF THE HOME THAT'S BEEN DESCRIBED TO YOU AS BREATHTAKING AND BEAUTIFUL.UM, IT WAS VERY, VERY, UM, I'M SURE UNIQUE IN ITS DAY, AND YOU CAN SEE THAT IT IS NOT IN GREAT CONDITION OR IT DOESN'T LOOK TO BE IN GREAT CONDITION.
UH, THE HOME HAS ASBESTOS IN THE WALLS.
THE HOME HAS CRACKING FOUNDATION PROBLEMS AND ENGINEERS HAVE LOOKED AT THE HOUSE WHICH HAVE ACTUALLY OPINED THAT THERE'S A PROBLEM WITH REBUILDING IT WITH RESPECT TO COSTS AND THE EXTREME CONCERN OVER ASBESTOS AND ENVIRONMENTAL ISSUES.
THE HOME IS NOT UNIQUE IN MID-CENTURY MODERN ARCHITECTURE.
MID-CENTURY MODERN WAS BUILT ALL OVER THE CITY OF AUSTIN AND ALLENDALE, AND IT WAS ACTUALLY BUILT ALL OVER THE COUNTRY AT THAT TIME IN THE FIFTIES, UM, IT'S DESIGNED WITH INTENT TO EXEMPLIFY TYPICAL RESIDENCES.
THAT WAS ACTUALLY MS. BAROMETER COMMENT IN HER REQUEST FOR THE ZONING CHANGE, WHICH WAS, IT WAS TYPICAL.
SO THAT SORT OF GOES AGAINST THE UNIQUENESS OF THE HOME.
YOU CAN SEE HERE, THERE'S A SISTER HOME, THE SAME DESIGN.
AND I BELIEVE THE PRESENTER TODAY MENTIONED SHE LIVED IN THIS HOME, BUT MANY OF THE HOMES LOOK VERY SIMILAR AND THIS IS A SISTER HOME.
AND THE QUESTION IS, WHY NOT THIS HOUSE? NEXT SLIDE, PLEASE.
IF YOU LOOK AT SORT OF THE THINGS THAT HAVE BEEN DONE IN THE NEIGHBORHOOD, YOU'RE GOING TO SEE A LOT OF DIFFERENT DESIGNS THAT HAVE BEEN CREATED.
MY CLIENT IS A SINGLE PROPERTY OWNER WHO WANTED TO BUY THE HOME FOR HIS OWN PERSONAL USE TO LIVE IN THE HOME.
SO ALL OF A SUDDEN HE'S FACED WITH A SITUATION WHERE ONE HOME OUT OF AN ENTIRE VILLAGE IS BEING SINGLED OUT.
WHEN REALLY THE UNIQUENESS OF THE PROJECT WAS THE VILLAGE ITSELF.
IT WAS AN EXPERIMENT THAT HAPPENED MANY YEARS AGO, AND IT WAS WHEN AIR CONDITIONING WAS COMING OUT, THE HOMES HAVE ALL BEEN MODIFIED.
THE AC UNITS DON'T EXIST IN THIS HOUSE THAT WE'RE TALKING ABOUT TODAY.
THE HOME HAS BEEN ALTERED SOMEWHAT, AND THERE'S SIMPLY NOTHING UNIQUE ABOUT IT APART FROM THE ACTUAL VILLAGE ITSELF, BECAUSE IT WAS A CONCEPT THAT WENT ON WITH THE, AT THE TIME.
AND IN FACT, MANY OF THE LOCAL AUSTIN BUILDERS, THERE'S BEEN ARTICLES WRITTEN ABOUT HOW THEY HAD TO PUT THE VILLAGE TOGETHER SO QUICKLY THAT THEY ACTUALLY USE SOME OF THEIR MORE PRODUCTION TYPE MODELS TO JUST THROW THE HOUSES UP, PUT THE AC UNITS TOGETHER BECAUSE THEY DID IT IN ABOUT THREE MONTHS.
THIS IS WHAT MY CLIENT HAS IN MIND FOR THE OWNER'S VISION OF THE PROPERTY, WHICH IS VERY LOVELY AND WOULD NOT AT ALL, UH, BE OPPOSED OR IN DISPUTE WITH THE BEAUTIFUL MID-CENTURY MODERN ARCHITECTURE THAT MAY HAVE EXISTED BACK THEN.
SO WE HAVE A VERY, VERY FORWARD-THINKING VISION.
THE ENGINEERING REPORT, AGAIN, SHOWS THERE'S THESE MAJOR ISSUES THAT ARE PROBLEMATIC FOUNDATION, ROOF LEAKS, ASBESTOS.
UH, THE COST IS VERY, VERY EXPENSIVE FOR A HOMEOWNER TO TRY TO RESTORE THAT VERSUS PUTTING IN A BRAND NEW GREEN HOME WITH BEAUTIFUL ARCHITECTURE THAT WOULD COMPLIMENT THE NEIGHBORHOOD.
NEXT SLIDE, I'D LIKE TO TELL YOU ABOUT THE LAND DEVELOPMENT CODE.
NOW THESE ARE THE THREE CRITERIA THAT ARE NECESSARY.
YOU'VE BEEN HEARING ABOUT A COUPLE OF THINGS, BUT NOT ALL THREE.
SO LET'S GO TO THE NEXT SLIDE TO ZONE THIS HOUSE HISTORIC.
YOU ALL WOULD NEED TO DECIDE TONIGHT THAT THE PROPERTY IS 50 YEARS OLD, WHICH IT IS, AND THAT IT REPRESENTS A PERIOD OF SIGNIFICANCE AT LEAST 50 YEARS AGO.
THE SIGNIFICANCE OF THIS HOUSE IS NOTHING APART FROM THE ENTIRE COMMUNITY OF AIR CONDITIONED VILLAGE.
IT WASN'T A PERIOD OF SIGNIFICANCE B BECAUSE MANY COMMUNITIES ACROSS THE NATION, WE'RE ALSO ROLLING OUT DIFFERENT AIR CONDITIONED VILLAGE PROJECTS ACROSS THE COUNTRY.
IT WASN'T UNIQUE, AND THAT HAS PASSED.
AND I LIKEN IT TO THE EXAMPLE OF BUILDERS TODAY WITH PARADE OF HOMES, WHERE THEY SAY, LET'S PUT SOME NEW TECHNOLOGY IN A HOME, LET'S PUT A RING DOORBELL IN AND EVERYBODY DOES THAT AND GOES OUT TO SEE IT IN LIKES IT.
BUT THEN AFTER THAT, THE MOMENT HAS PASSED.
SO IT'S NOT SIGNIFICANT ON ITS OWN, APART FROM WHAT THEY WERE DOING AT THE TIME.
SO THE ANSWER TO THAT CRITERIA IS NO, IT DOES NOT SHOW AND REPRESENT A PERIOD OF SIGNIFICANCE.
IT MAY BE 50 YEARS OLD, BUT THERE ISN'T A PERIOD OF SIGNIFICANCE THERE BECAUSE THIS WAS GOING ON ACROSS THE COUNTRY.
I ENCOURAGE YOU TO LOOK AT THE LAST TWO OF THESE.
UM, THIS BASICALLY TALKS ABOUT THE INTEGRITY OF THE HOME, WHICH DOES NOT ACTUALLY EXIST.
IT CLEARLY DOES NOT COMPLY INTEGRITY OUTSIDE OF THE NEIGHBORHOOD.
AND LASTLY, AGAIN, LASTLY, UM, THIS PROPERTY ACTUALLY ONLY MEETS TWO OF THE THIRD CRITERIA, WHICH IS WHAT YOU'VE HEARD TONIGHT.
I HOPE YOU'LL APPRECIATE THE COMMENTS FROM THE OWNER.
HE'S BEING SINGLED OUT AND IT'S VERY DIFFICULT AS A PRIVATE PROPERTY OWNER.
I KEEP GOING OUT HERE FROM BARBARA LEVESQUE.
[01:55:04]
IT'S THE LEVESQUE.YOU'LL HAVE THREE MINUTES FOLLOWED BY A MASON DEPARTMENT.
UM, I'M ACTUALLY SPEAKING ON BEHALF OF MY HUSBAND, DOMINIQUE LAVIK.
UM, HE COULD NOT BE HERE TONIGHT BECAUSE HIS MOTHER IS DYING OF CANCER AND FROM ASBESTOS POISONING.
SO I'M GOING TO READ WHAT HE MEANT TO SAY.
I AM A DESIGN-BUILD PROFESSIONAL WITH 25 YEARS EXPERIENCE SERVING CENTRAL AUSTIN.
MY FAMILY AND I LIVE AT 25 0 7 PARKVIEW DRIVE A HOME.
WE PURCHASED IN LATE 2019 WITH I ADD NO HISTORICAL STATUS.
THE FORMER OWNER OF OUR HOUSE DISCLOSE THE ISSUES WITH THE SLAB ON GRADE FOUNDATION, ACCOMPANIED BY AN ENGINEERING LETTER STATING THE FOUNDATION HAD FAILED AND THE PLUMBING WOULD ALSO BE A MAJOR EXPENSE.
WE REQUESTED, REQUESTED A DEMOLITION PERMIT IN LATE 2020, THE HISTORIC LANDMARK COMMISSION RELUCTANTLY AWARDED US THE DEMOLITION PERMIT FOR OUR HOUSE AFTER FOUR MONTHS OF HEARINGS, MANY, LIKE YOU'VE ALSO HEARD, ALREADY HEARD OF THE AIR CONDITIONED VILLAGE HOUSES HAVE BEEN DEMOLISHED AND NEW HOUSES BUILT IN THEIR PLACE.
I BARBARA SPEAKING FOR MYSELF, HAVE INTIMATE KNOWLEDGE OF EACH OF THESE HOUSES AS DOES MY HUSBAND HAVING OBSERVED THE SITE CONDITIONS INSIDE AND OUT PRIOR TO DEMOLITION, INCLUDING 2,600 TO 2603 25 0 5 25 0 7 AND 25 10 PARKVIEW.
I HAVE LIVED IN TWO OF THESE HOUSES AS WELL AS 25 0 6 TWIN OAKS.
ALL OF THESE HOUSES HAD THE SAME ISSUES IN COMMON WITH 25 0 2 PARKVIEW CRACKED FOUNDATIONS RESULTING FROM POOR DRAINAGE AND EVENTUALLY MAJOR UNDER THE SLAB PLUMBING FAILURES IN EARLY 21, 20 21, AN APPLICATION FOR THE NATIONAL HISTORIC REGISTRY WAS MADE BY ELIZABETH FROM IT, A CITY OF AUSTIN EMPLOYEE FROM THE HISTORIC PRESERVATION DEPARTMENT AND SUPPORTED BY KEVIN SMITH, WHO IS ALSO A CITY OF AUSTIN EMPLOYEE INHABITING AN AIR CONDITIONED VILLAGE HOUSE DIRECTLY NEXT TO THE SUBJECT HOUSE, THE NEIGHBORS, THE NEIGHBORS WHO ALL LIVE IN THESE HOMES, WE ALL LIVE AROUND THIS HOUSE.
71%, AGAIN, VOTED AGAINST THIS EFFORT TO CREATE A HISTORIC DISTRICT AT THE STATE AND FEDERAL LEVEL ON SEPTEMBER 18TH, 2021.
SO THOSE PEOPLE WHO CALLED IN TONIGHT DO NOT LIVE IN HISTORIC.
I MEAN, DO NOT LIVE IN AIR CONDITIONED VILLAGE HOMES AT THE FRONT ENTRY OF THE SUBJECT HOUSE.
THERE IS A CONTINUOUS CRACK ON IN 25 0 2 RUNNING DOWN THE MIDDLE OF THE SLAB ON GRADE FOUNDATION, ALL THE WAY TO THE BACK OF THE HOUSE.
OTHER MAJOR CRACKS EXIST THROUGHOUT THE GRAVEL ROOF IS DECOMPOSING AND WATER LEAKS INTO THE HOUSE.
WHEN IT RAINS, THE EXTERIOR OF THE HOUSE IS AS BESTOS AS YOU'VE HEARD AS BEST AS A WELL-KNOWN CARCINOGEN, WHICH HITS CLOSE TO HOME.
SINCE MY MOTHER, MY MOTHER-IN-LAW HAS TERMINAL CANCER CAUSED BY AS BEST AS POISONING, I CANNOT BE HERE IN PERSON SINCE SHE IS IN HOSPICE WITH VERY LIMITED TIME ON EARTH FOR THESE REASONS, THE PREVIOUS OWNER COULD NOT FOLLOW THROUGH WITH CONSTRUCTION PLANS AND RESTRICTIONS PLACED UPON HIM BY THE HISTORIC LANDMARK COMMISSION.
THE COST TO REBUILD WAS AN UNDUE HARDSHIP.
THE CURRENT HOMEOWNER, MR. CORRIGAN, ALSO AN A RESIDENT ON THE STREET INTENDS TO BUILD A NEW HOUSE FOR HIMSELF STYLED AFTER THE MID CENTURY AESTHETIC USING MODERN MATERIALS AND BUILDING TECHNIQUES THAT ECLIPSE THE FORMER CONSTRUCTION TECHNIQUES AND SHORTCOMINGS OF A 70 YEAR OLD HOME.
OUR REVERSION OF AIR-CONDITIONED VILLAGE 2.0 IS SUMMARIZED AS FOLLOWS.
IF I CAN, IF I CAN JUST SAY ARCHITECTURAL, CONSIDERING SOLAR ORIENTATION, ENERGY EFFICIENCY, ENVIRONMENTALLY SENSITIVE, BUILDING MATERIALS, SOLAR POWER, DAYLIGHTING, AND INTERIOR AIR QUALITY WILL BE AT THE HEART OF THIS VISION TO REBUILD.
PARVA FOLLOWED BY HUGH CORGAN.
I AM REPRESENTING, UM, MR. VICK TONIGHT AS WELL.
UM, SO, UH, AS BARBARA MENTIONED ON SEPTEMBER 18TH, 2021, UM, 71% OF AIR CONDITIONED VILLAGE HOMEOWNERS POSED ELIZABETH RUM, ITS APPLICATION FOR NATIONAL HISTORIC REGISTRY.
NEXT SLIDE, THE MAJORITY OF AIR CONDITIONED VILLAGE HOMEOWNERS STAND UNITED WITH YOU CORGAN THE OWNER OF 25 0 2 AGAINST SPOT ZONING OF THAT PROPERTY.
WHY MANY OF THE ORIGINAL AIR CONDITIONED VILLAGE HOUSES HAVE ALREADY BEEN DEMOLISHED DUE TO MAJOR STRUCTURAL FAILURES PARK VIEW IS 20 AT 25 0 2 PARK VIEW IS NOT UNIQUE IN THIS REGARD.
AN ENGINEERING LETTER WAS PREVIOUSLY SUBMITTED, DEMONSTRATING THE STRUCTURAL DEFICIENCIES, WHICH ARE MENTIONED.
THE CRITERIA FOR HISTORIC DESIGNATION IS NOT SATISFIED BY 25 0 2 PARK PARKVIEW FOR REASONS PRESENTED IN THE FOLLOWING SLIDES.
SO THE FIRST ONE IS THAT THE ARCHITECTURE CRITERIA IS NOT SATISFIED.
THE ORIGINAL AIR CONDITIONING UNITS ARE NO LONGER PRESENT.
UM, THEY'RE NOT PRESENT IN ANY OF THE HOUSES, UH, FEATURES OF MID CENTURY, MODERN ARCHITECTURE ARE
[02:00:01]
REPEATED ACROSS THE NEIGHBORHOOD BY HOUSES THAT AREN'T EVEN CONSIDERED AIR CONDITIONED VILLAGE HOUSES, UH, EXAMPLE, 27, 10 PARK VIEW, WHICH WAS ALREADY BEEN DISCUSSED.UM, SO THERE'S THE KIND OF BREAKDOWN OF THOSE TWO HOUSES, EXTREMELY SIMILAR, ALMOST IDENTICAL.
THEY WERE MADE BY THE SAME BUILDER AND, UH, IT IS LITERALLY JUST PLOPPED OVER.
SO NEXT SLIDE, 25 0 2 AND 2,500 OR SOMEWHERE AS WELL, WHICH WE ALREADY TALKED ABOUT.
UM, THE, THESE ARE RIGHT NEXT TO EACH OTHER, LITERALLY WHERE THE PICTURES, UH, KIND OF COME TOGETHER IS PRETTY MUCH RIGHT THERE.
OBVIOUSLY THE ANGLE'S A LITTLE DIFFERENT, UM, BUT BOTH OF THEM SHOWCASE LONG OVERHANGS CARPORT, DEEP EAVES, BRICK.
UM, PRETTY MUCH ALL THE THINGS THAT WE, UH, HAVE PREVIOUSLY DISCUSSED WERE CHARACTERISTIC OF AIR CONDITIONED VILLAGE, UM, HOUSES, MID CENTURY, MODERN ARCHITECTURE.
SO IT'S NOT THAT UNIQUE FOR MID CENTURY MODERN ARCHITECTURE.
UM, AND I WANT TO ALSO NOTE THAT, UM, THE PROPOSAL TO KIND OF TEAR DOWN THE, ALL THE HOUSE EXCEPT THE FRONT FACING WELL, PRETTY MUCH ALL THE HOUSES IN THE NEIGHBORHOOD LOOK LIKE THAT FRONT.
UM, THE HISTORICAL ASSOCIATION CRITERIA IS NOT SATISFIED.
SO THE OWNERS OF THIS HOUSE DO NOT HAVE HISTORICAL SIGNIFICANCE AS IT WOULD BE TYPICALLY EVALUATED UNDER THESE CRITERIA TO RELY ON THE PREMISE THAT 25 0 2 IS AN AIR CONDITION TEST HOUSE IS NOT ENOUGH TO FULFILL THIS CRITERIA AND THE HOUSE HAS BEEN ABANDONED FOR ALMOST FIVE YEARS.
AND I THINK THAT, UM, TONIGHT IT'S KIND OF JUST BEEN UNDERSTOOD AS, UH, JUST KNOWN THAT THE FACT THAT THIS AT ONE POINT HAD, UM, WAS A TEST FOR A CONDITIONING IS ENOUGH TO FULFILL THIS CRITERIA, BUT I DON'T THINK IT IS ON THE SAME EVIDENCE.
IT DOESN'T 0.1 WAY OR THE OTHER NECESSARILY.
UM, NEXT SLIDE, THE ARCHEOLOGICAL CRITERION IS NOT SATISFIED EITHER.
UM, AND I WOULD ALSO ENCOURAGE YOU TO LOOK AT THE OTHER SLIDES TOO, WHERE I JUST GO THROUGH THEM AND SAY THAT THE COMMUNITY VALUE IS NOT SATISFIED.
SO THE ONE THING I WILL SAY ON THIS IS THAT, UM, CONTRARY TO THE TRUE COMMUNITY VALUE HAS COME FROM AIR CONDITIONED VILLAGE HOMEOWNERS UNITING AGAINST HISTORIC PRESERVATION STATUS, UM, AS THEY HAVE PREVIOUSLY VOTED AGAINST IT.
WE'LL NOW HEAR FROM HE CORGAN FOLLOWED BY MS. SUE FLORIS MEDIC HELLO.
MY NAME IS HUGH KARAGAN AND I AM THE OWNER OF 25 0 2 PARK VIEW DRIVE.
I OBJECT IN THE STRONGEST TERMS TO THE PROPOSED REZONING OF MY PROPERTY AND ASK THAT YOU VOTE AGAINST IT.
IN ADDITION TO MY FEELINGS ON THE MATTER, I BELIEVE THE TESTIMONIALS AND SIGNATURES OF MY FELLOW NEIGHBORS IN THE SEPTEMBER, 2021 VOTE TO REJECT NATIONAL HISTORIC STATUS SHOWED THE MAJORITY OF THE COMMUNITY FEEL THE SAME WAY.
THIS PROCESS HAS BEEN INCREDIBLY STRESSFUL AND TAXING TO MY MENTAL HEALTH.
AND IT'S ONLY THROUGH THE SUPPORT OF MY NEIGHBORS AND SIGNIFICANT LEGAL COSTS THAT I'VE HAD THE ABILITY TO FIGHT IT.
I LIVE ON THE SAME STREET AND 25 0 2 HAS BEEN DILAPIDATED AND VACANT SINCE I MOVED IN IN 2019, WHEN IT CAME UP FOR SALE IN 2021, I BOUGHT IT WITH THE INTENTION OF BUILDING A NICE MODERN HOME ON THE PROPERTY THAT DOESN'T JUST SIT THERE AS A DECAYING RELIC.
THE STATEMENTS THAT HAVE BEEN REPEATED BY PROPONENTS OF PRESERVATION THAT I BOUGHT AT A KNOCKDOWN PRICE PREVIOUSLY KNEW OF HISTORIC PROTECTIONS.
AND WENT AHEAD ANYWAY, OR I'M A DEVELOPER I HAD TO MAKE A QUICK BOOK OR ALL FAULTS, THESE AND OTHER FALSE HOODS REGARDING THE CONDITION OF THE HOME WERE USED TO PUSH AN EXTREMELY MISLEADING PICTURE ON MULTIPLE SOCIAL MEDIA SITES WITHOUT EVER RECOGNIZING THAT THE OWNERS OF THESE HOMES DO NOT DESIRE HISTORIC PRESERVATION STATUS.
THIS WAS DONE TO CREATE SUPPORT FROM OUTSIDE THE NEIGHBORHOOD BECAUSE IT DID NOT EXIST WITHIN THESE WERE DRIVEN BY THE ONLY NEIGHBOR WHO PREVIOUSLY CAMPAIGNED FOR NATIONAL HISTORIC STATUS, KNOWING IT WAS AGAINST THE WISHES OF MOST AIR CONDITIONED VILLAGE HOMEOWNERS CAUSING MUCH DISTRESS TO ME AND TO THE OTHER HOMEOWNERS WHO ARE CONCERNED ABOUT FUTURE ATTEMPTS ON THEIR PROPERTIES.
THE SAME NEIGHBOR WAS THE ONE WHO PETITION THE ALLENDALE NEIGHBORHOOD ASSOCIATION TO SUPPORT THIS DESIGNATION.
THIS GOES AGAINST THE ASSURANCES THAT THE CURRENT CHAIR HAD GIVEN HOMEOWNERS THAT THEY WOULD NOT GET INVOLVED AND DESIGNATIONS AGAINST OWNER'S WISHES.
CONTRARY TO NOW TO THE NARRATIVES OF THE HOUSE IS NEXT AND CONDITION.
IT IS NOT SALVAGEABLE WITHOUT PROHIBITIVE COSTS.
THE FOUNDATION IS BADLY DAMAGED.
THE PROPERTY CONTAINS POTENTIALLY DANGEROUS AS BEST US.
AND THE ONLY REASONABLE COURSE OF ACTION IS TO DEMOLISH IT AND REBUILD A NEW PROPERTY, DOING WORK ON PLUMBING AC OR ELECTRICAL SYSTEMS ON THESE HOMES CAN BE PROHIBITIVELY EXPENSIVE OR EVEN IMPOSSIBLE.
MR. HADAR OF 26 0 1 PARK VIEW HAS HAD PEOPLE REFUSE TO CARRY OUT, WORK IN HIS HOME DUE TO PREVIOUS DIFFICULTIES, WORKING WITH THE MATERIALS AND STRUCTURE IT INVOLVED.
THESE FACTS ALL RUN CONTRARY TO THE IDEA THAT THIS IS THE BEST PRESERVED EXAMPLE OF AN AIR CONDITIONED VILLAGE HOME, WHICH HAS BEEN REPEATED WITHOUT EVIDENCE BY MULTIPLE PROPONENTS.
THIS IS A VAGUE AND EVIDENCE FREE ASSERTION THAT DOES NOT RECOGNIZE THE TRUE STATE OF THE HOME OR THE DETAILS OF THE CASE.
ADDITIONALLY, I OBJECT TO THE USE OF THE CHRYSLER HOUSE TO REFER TO THIS PROPERTY.
THIS NAME WAS ONLY EVER USED IN A SALES BROCHURE, AND THIS IS A MISLEADING TACTIC MEANT TO IMBUE A FALSE
[02:05:01]
SENSE OF UNIQUENESS TO THE PROPERTY FOR A HOUSE TO GO 60 YEARS WITHOUT HAVING THIS NAME.AND SUDDENLY IT APPEARS A PRIMARY DESIGNATION OF THE PROPERTY IS INTENTIONALLY MISLEADING.
THIS PARTICULAR HAS, HAS A MUCH MORE INTACT REPLICA AT THE OTHER END OF THE STREET AND NO LONGER HAS THE ORIGINAL AC SYSTEM.
SO IT IS NEITHER INTACT NOR UNIQUE.
WE'RE THE NEIGHBORHOOD APPROPRIATE FOR HISTORIC DESERT DESIGNATION.
THE TIME WOULD HAVE BEEN PRIOR TO YEARS OF GRANTING DEMOLITION PERMITS.
THIS SINGLE PROPERTY IS NOT APPROPRIATE FOR OUR DESIGNATION.
FINALLY, OUR NEIGHBORHOOD HAS ALREADY WORKED HARD TO DEFEAT AN ATTEMPT TO ATTACH A NATIONAL HISTORIC JET DESIGNATION TO THE AIR CONDITIONED VILLAGE HOMES, BECAUSE WE KNEW THAT IT WOULD LEAD TO EFFORTS LIKE THIS, THAT DESIGNATED INDIVIDUAL PROPERTIES AGAINST OWNER'S WISHES, UH, TO DATE I'VE NEVER BEEN INFORMED OF MY LEGAL RIGHTS, NOR THE CONSEQUENCES OF SUCH AN IMPOSITION ON MY PROPERTY AS REQUIRED BY LAW.
I WAS NEVER CONTACTED AS THE OWNER REGARDING THE ORIGINAL PRESERVATION MEETING WHERE IT WAS POSTPONED NOR THE SECOND QUARTER PASSED UNANIMOUSLY.
I WAS NEVER PROVIDED WITH INFORMATION REGARDING THE RELEVANT RIGHT TO PROTEST, EVEN WHEN SPEAKING TO THE FORMER HEAD OF PRESERVATION REGARDING THE ISSUE.
OVERALL, I FEEL LIKE I'VE BEEN TREATED VERY UNFAIRLY BY THE CITY PRESERVATION TEAMS WHO WRITE THIS, AND IT HAS BEEN AN EXTREMELY DIFFICULT PERIOD FOR ME.
I ASK THAT YOU REJECT THIS ATTEMPT TO REZONE AGAINST MY WISHES AND THAT YOU DO NOT SUBJECT OTHERS IN THE NEIGHBORHOOD TO SIMILAR TREATMENT AGAINST THEIR STATED WISHES AND FUTURE.
THANK YOU VERY MUCH FOR YOUR TIME.
WELL, I NOW HEAR FROM SUE FOREST MEDIC FOLLOWED BY ASEEM HAS HER HELLO? MY NAME IS SUE FLORIS MINUTE.
I AM SPEAKING AGAINST THE REZONING REQUESTS FOR 25 0 2 PARKVIEW VIEW DRIVE AS AN HISTORIC AC VILLAGE HOME.
I LIVE ADJACENT TO THIS PROPERTY AT 25 0 4 PART NEW DRIVE.
I'VE LIVED IN RAISE A FAMILY IN THIS NEIGHBORHOOD FOR ALMOST A QUARTER OF A CENTURY.
I HAVE SEEN SEVERAL HOMES ON PARK ART VIEW DRIVE THAT HAVE BEEN DEMOLISHED AND REBUILT WITHOUT ANY HISTORICAL ZONING CHALLENGES OR ISSUES.
I'M NOT AGAINST ANY HOMEOWNERS IN OUR NEIGHBORHOOD WANTING ZONING CHANGES FOR THEIR HOMES, BUT IN THIS CASE, THE OWNER AT 25 0 2 PART VIEW, AS YOU'VE HEARD, DOES NOT WANT HISTORIC ZONING.
AND I AM IN SUPPORT OF THEIR DECISION TO REBUILD A NEW HOME ON THEIR PROPERTY.
FINALLY, I HAVE BEEN INSIDE THE CURRENT STRUCTURE AT 25 0 2 AND CAN PERSONALLY ATTEST TO IT'S UNLIVABLE CONDITION.
THE OWNER OF THIS ADDRESS DESERVES THE OPPORTUNITY TO CREATE A NEW NEIGHBORHOOD SANCTUARY THERE WITHOUT THE CONSTRICTIONS PLACED ON THEM.
SHOULD HISTORIC REZONING OCCUR.
I STAND WITH THEM AGAINST HISTORIC AC VILLAGE ZONE.
WE'LL NOW HEAR FROM MR. HAZIM HUIZAR FOLLOWED BY JAMES WATSON.
I LIVE AT, UH, 26 0 1 PARK VIEW DRIVE.
UH, JUST A BLOCK DOWN FROM, UH, THE SUBJECT HOUSE.
UH, I'VE LIVED IN THE NEIGHBORHOOD ABOUT FOUR YEARS.
I AM SYMPATHETIC TO THE OWNER.
UH, HE REFERENCED, HE REFERENCED ME IN HIS COMMENTS.
UH, MY HOME IS AN AIR CONDITIONED AIR CONDITIONED VILLAGE HOME.
UH, IT HAS A VERY SHALLOW ATTIC.
I HAVE, WE HAVE THE ORIGINAL AC SYSTEMS, OBVIOUSLY NOT THERE OR INTACT, UH, BUT WE, THE HOUSE IS INCREDIBLY POORLY INSULATED.
UH, WE'VE HAD AC FOLKS COME OUT AND THEY HAVE LITERALLY SIGHTED OLD MEMOS.
THEY HAVE FROM 2012 WHEN THEY CAME OUT UNDER A PREVIOUS OWNER, OR THEY SAID IT, ATTIC IS DIFFICULT TO ACCESS.
DON'T DO WORK ON THIS HOUSE IN A FRANKLY, A BOOMTOWN LIKE AUSTIN.
IT IS A REALLY HARD TO GET PEOPLE TO COME MAINTAIN YOUR HOME WHEN THERE'S SO MUCH OTHER OPPORTUNITY FOR THEM TO GO TO.
UH, AND THESE ISSUES AREN'T UNIQUE TO JUST MY HOUSE.
IT, IT AFFECTS A LOT OF OUR HOUSES.
A LOT OF OUR HOUSES FLOOD REGULARLY, MINE DOESN'T FLOOD, BUT HAS OTHER ISSUES.
UH, AND THIS, AND, UH, THE SUBJECT HOUSE HAS MANY SIMILAR ISSUES.
IT SITS ON THE NORTH SIDE OF THE STREET, WHICH IS THE SIDE THAT FLOODS MORE PREDOMINANTLY.
THIS IS JUST WHY I FEEL SYMPATHETIC TO THE CURRENT OWNER.
I ALSO WANT TO COMMENT THOUGH THAT THE NEIGHBORS AND MYSELF FEEL GENERALLY BULLIED THROUGH THIS PROCESS.
UH, WHILE I'VE LIVED IN MY HOUSE, NOBODY HAS EVER COME TO EDUCATE ME ON THE HISTORY OF THE HOUSE.
UH, I'M UNAWARE OF ANY EFFORTS TO, TO SPEAK TO OTHER NEIGHBORS.
I KNOW ONE OF THE, UH, SPEAKERS, UH, IN FAVOR OF THE REZONING, UH, REFERENCE THAT THERE WAS A MID TEXT MODERN TOUR.
[02:10:01]
I'VE SEEN THAT ONLINE.I THINK THAT HAPPENED IN 2012, AS FAR AS I KNOW, I DON'T THINK THERE'S BEEN ONE SINCE THEN.
UH, WHEN MS. BRUMMETT WROTE HER THESIS, I BELIEVE THAT WAS IN THE EARLY TWO THOUSANDS.
WHEN THESE HOMES WERE VERY AFFORDABLE, UH, YET THERE WAS NEVER ANY ATTEMPT TO SAVE.
ANY OF THEM HAVE BEEN NO ATTEMPTS FOR THE PRESERVATION COMMUNITY TO RAISE FUNDS.
UH, THIS IS JUST COMING AT A, THIS IS COMING AT A QUESTIONABLE TIME WITH QUESTIONABLE MOTIVES.
UH, AND I THINK IT'S, I THINK IT'S WRONG AND IT, IT, AND IT DOESN'T FEEL FAIR TO THE HOMEOWNER OR THE REST OF US THAT LIVE IN THIS NEIGHBORHOOD.
I THINK YOU WILL NOT HEAR FROM JAMES WATSON FOLLOWED BY JACKSON ROCHE.
WE ALL HAVE AIR CONDITIONING NOW IN CENTRAL TEXAS.
UM, MY NAME IS JAMES WATSON AND I'VE BEEN THE OWNER OF 25 0 8 PARK.
YOU DRIVE, UM, WHICH IS AN ORIGINAL AC VILLAGE HOME.
UM, FOR THE PAST 20 YEARS, I DO NOT SUPPORT A DECISION TO CHANGE THE CURRENT ZONING AT 25 0 2 PARK VIEW DRIVE TO A PROTECTED HISTORICAL LANDMARK HOME.
I DO SUPPORT THE PERMIT TO DEMOLISH THE CURRENT HOME SO THAT A NEW, LARGER, MODERN HOME CAN BE BUILT.
THE IDEA THAT ANY HOME ON OUR STREET IS SPECIAL IN SOME WAY, OR NEEDS HISTORICAL PROTECTION IS IN MY OPINION, A COMPLETE WASTE OF YOUR TIME.
THE ONLY THING INTERESTING ABOUT THE HOMES AND AIR CONDITIONED VILLAGE IS THAT THEY WERE BUILT WITH NEWER EXPERIMENTAL TYPES OF HVA SYSTEM, HPAC SYSTEMS IN EACH HOME, ALL OF WHICH HAVE BEEN REMOVED AND REPLACED OVER THE DECADES.
THERE WAS NOTHING ELSE REMARKABLE ABOUT THESE HOMES.
CHEAPLY BUILT, QUICKLY BUILT TRACT HOMES, DESIGNED TO START OUR HOUSES FOR YOUNG FAMILIES.
MY HOUSE IS BARELY 1200 SQUARE FEET.
I SEE HERE, I SHOULDN'T HAVE LOOKED UP DON'T DOT, DOT, DOT DOT.
BUILDERS USE THE MODERN MATERIALS OF THE TIME THAT WERE NOT DESIGNATED TO LAST MORE THAN 50 TO 75 YEARS.
THE CONCRETE SLAB TECHNOLOGIES OF THE TIME ARE NO LONGER STRUCTURALLY SOUND, NOT AS THICK AS MODERN SLABS AND HAVE SUNK TO THE POINT THAT THEY ARE NOW BELOW GRADE.
MOST HAVE ISSUES WITH DRAINAGE AND WATER PENETRATION DURING HEAVY RAINS.
MOST OF THE ORIGINAL DRAIN AND WATER LINES HAVE DETERIORATED TO THE POINT.
WHENEVER THOSE SYSTEMS NEED REPAIRS IN MY HOME, I HAVE ALL THESE ISSUES, AS WELL AS THE OLD FASHIONED CLOTH WIRING.
IN MANY LOCATIONS, THAT IS UNGROUNDED.
YOU REACH A POINT WITH THESE 1950S HOMES IN ALLENDALE IS WHEN THE COSTS TO RENOVATE OR INSTALL ADDITIONAL SQUARE FOOTAGE IS JUST NOT FAIR OR JUSTIFIABLE.
THESE ARE NOT CUSTOM DESIGNED OR BUILT HOMES, AND THERE'S NOTHING HISTORICALLY SIGNIFICANT ABOUT THE CRAFTSMANSHIP IN ANY OF THEM.
HAVING LOST MY FATHER TO ASBESTOS CANCER MESOTHELIOMA.
I CAN'T BELIEVE THAT WE'RE TALKING ABOUT PROTECTING A HOME WITH KNOWN AS BEST AS PANELS AND AS BEST AS FLOORING TILES.
IT'S JUST, I CAN'T BELIEVE IT.
IN MY OPINION, THERE'S NO REASON TO PROTECT ANY HOME IN THE VILLAGE WITH A HISTORIC DESIGNATION.
TWENTY-FIVE HUNDRED TO PARK VIEW IS NOT SALVAGEABLE.
AND I PRIMARILY WORK IN CENTRAL AUSTIN WHEN I PURCHASED MY HOME IN OH TWO.
I KNEW AT THE TIME THAT MY GOAL WAS TO SAVE MONEY, TO TEAR DOWN THE ORIGINAL STRUCTURE AND BUILD MY DREAM HOME.
I BELIEVE THAT ANY HOMEOWNER THAT HAS INVESTED IN PURCHASING A HOME IN AUSTIN SHOULD HAVE THE RIGHT TO ADD ON TEAR DOWN, BUILD NEW, OR DO WHATEVER THEY WANT WITH THEIR PROPERTY.
AS LONG AS THEY FOLLOW ALL OF THE CITY PERMITS LAWS THAT ARE IN PLACE, WE ARE ALL AUSTINITES AND THEREFORE WE ARE ALL TEXANS AND THE ABILITY OF ALL PROPERTY OWNERS TO BUILD THE HOMES OF OUR DREAMS ON OUR OWN PERSONAL PROPERTY IS I STRONGLY BELIEVE A RIGHT BELONGING TO EACH AND EVERY ONE OF US.
THANK YOU FOR YOUR CONSIDERATION AND HAVE A GOOD NIGHT.
WELL, NOT HERE FROM JACKSON RAJA, ALIBI, HEATHER DRE.
THANK YOU FOR THE OPPORTUNITY TO SPEAK IN OPPOSITION TO THE PROPOSED HISTORIC ZONING.
I'M A NATIVE AUSTINITE AND LUCKY TO CALL AUSTIN HOME FOR ALL BUT TWO YEARS OF MY LIFE, MY WIFE AND I LIVE IN ANOTHER AIR CONDITIONED HOME VILLAGE HOME, JUST AROUND THE CORNER FROM TWENTY-FIVE HUNDRED TO PARK VIEW.
WE WALKED BY THIS PROPERTY NEARLY EVERY DAY, AND WE KNOW IT WELL.
IF THE PROPERTY'S CONSTRUCTION AS PART OF THE AIR CONDITIONED VILLAGE IS THE BASIS FOR HISTORICAL ASSOCIATIONS AND COMMUNITY COMMUNITY VALUE.
I WOULD ARGUE SEVERAL COUNTERPOINTS.
THE FIRST AS WE'VE HEARD IS THAT OTHER AIR CONDITIONED VILLAGE HOMES HAVE BEEN APPROVED, APPROVED FOR DEMOLITION BY THE HISTORIC LANDMARK COMMISSION.
THE SECOND IS I THINK IT'S IMPORTANT TO UNDERSTAND THE PREVALENCE OF AIR CONDITIONING AROUND THE TIME THIS HOME WAS BUILT.
AND THE YEAR BEFORE 25 0 2 PARKVIEW WAS BUILT MORE THAN 1 MILLION AIR CONDITIONING UNITS WERE SOLD IN THE UNITED STATES.
[02:15:01]
WHILE THE AC VILLAGE MAY, MAY PROVIDE A MORE CLINICAL SETTING FOR SETTING AIR CONDITIONING, THE AGE OF AC HAD ALREADY ARRIVED.I CAN'T IMAGINE THAT THAT AC TODAY WOULD BE THAT MUCH DIFFERENT WITHOUT THIS HOME RELATING TO RELATING TO COMMUNITY VALUE.
I THINK ALL OF US LIVE NEAR BUILT BUILDINGS THAT CONTRIBUTE TO THE CHARACTER OF OUR NEIGHBORHOODS AS SOMEONE WHO LIVES LITERALLY A STONE'S THROW FROM 25 0 2 PARK VIEW.
MY OPINION IS THAT THIS PROPERTY DOES NOT PROVIDE SIGNIFICANTLY TO THE NEIGHBORS, CHARACTER OR IMAGE.
OVERALL, I THINK SIGNIFICANCE IS THE KEY ELEMENT THAT THIS PROPERTY LACKS.
DOES THE HOME HAVE A NEAT STORY? YES, I THINK SO, BUT IS IT SIGNIFICANT IN THE CONTEXT OF THE LAND DEVELOPMENT CODES CRITERIA FOR HISTORIC ZONING? I REALLY DON'T THINK SO.
NOR DO I THINK THIS PROPERTIES SIGNIFICANCE IS SUFFICIENT TO OVERRIDE THE WISHES OF THE OWNER AND MANY NEIGHBORS AND KNOW PROPERTY BEST AND SEE IT EVERY DAY.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
WE'LL NOW HEAR FROM MS. HEATHER DREW FOLLOWED BY KEVIN DREW.
THANK YOU FOR GOOD EVENING TALKING REWARDS.
THANK YOU FOR STAYING SO LATE WITH US.
I APPRECIATE YOU TAKING THE OPPORTUNITY.
UM, HAVING THIS OPPORTUNITY TO TALK TO PEOPLE WHO ACTUALLY LIVE IN THESE HOMES.
I'M A HUSBAND I, UM, OWN AND LIVE AND RESIDE IN A 66 0 1.
NASSCO DRIVE WE'RE IN THE HEART OF THE AIR CONDITIONED VILLAGE.
WE'VE PURCHASED OUR HOME IN 2021 YEARS AGO WITH NO KNOWLEDGE OR INDICATION OF ANY SIGNIFICANT HISTORICAL SIGNIFICANCE TO THE AREA.
WE RAISED OUR TWO CHILDREN HERE IN ALLENDALE.
NOW 19 AND 13, WE ARE DEEPLY INGRAINED IN OUR COMMUNITY.
WE HAVE NO INTENTION OF SELLING.
WE INTEND FOR OUR CHILDREN TO INHERIT THE PROPERTY, BUT FOR US, ANY ATTEMPT TO IMPLEMENT UNWANTED HISTORICAL SIGNIFICANCE TO 25 0 2 PARK VIEW, AS WELL AS ANY OTHER HOME, THIS SMALL AREA OF ALLENDALE, UM, THE DESIGNATION WOULD BE HANDCUFFING OUR SINGLE LARGEST FINANCIAL ASSET TO THE PAST.
UM, WE KNOW FIRSTHAND THE DIFFICULTIES OF THESE 1950 FIFTIES HOMES, EXPERIMENTAL HOUSES PRESENT BOTH HOUSES ADJACENT TO OUR HOME, HAD BEEN RAISED AND REPLACED WITH NEW STRUCTURES.
OUR HOUSE HAS FLOODED MULTIPLE TIMES DUE TO ITS LOW ELEVATION.
WE FACE SIGNIFICANT STRUCTURAL AND ELECTRICAL PLUMBING AND JUST STRUCTURE ISSUES.
OUR ELECTRIC BILLS RUN 200 TO $400 A MONTH, ELECTRICAL LOAN.
UM, WE HAVE, UH, AIR FILTRATION UNITS IN EVERY ROOM IN THE HOUSE, EVEN AFTER SIGNIFICANT IMPROVEMENTS WITH NEW WINDOWS, THE DUST IN HOUSES, SIGNIFICANT, UM, IT'S UM, UPGRADES THAT WE WOULD LIKE TO DO ARE VERY EXPENSIVE.
UM, AND ANY DESIGNATION ON THESE HOMES WOULD BE A FINANCIAL BURDEN ON THE HOMEOWNERS, UM, ARTICLE PUBLISHED BY THE NINTH IN 1954, BY THE NATIONAL ASSOCIATION OF HOME BUILDERS POINTS THAT THESE HOMES WERE EXPERIMENTAL, NOT PERFECT.
THEY WERE SERIOUS TIME AND BUDGET CONSTRAINTS IMPOSED ON THE BUILDERS.
THESE HOMES, AS YOU CAN IMAGINE, WERE NOT THE BUILDERS GREATEST WORKS.
THE BUILDERS WERE GIVEN SPECIFIC CRITERIA AND RETROFITTED TO FIT INTO EXISTING PLANS ARE HOW OUR PERSONAL HOME WAS TOUTED AS HAVING THREE INCHES OF INSULATION IN THE SEEDLINGS.
UM, AS ONE OF MY NEIGHBORS POINTED OUT, UM, YOU CAN'T EVEN BLOW ANY MORE INSULATION INTO BECAUSE THE ADDICTS PRO SPACE IS TOO SMALL.
WE'VE HAD MULTIPLE, UM, UH, CONTRACTORS COME OUT AND TRY TO JUST ADD MORE INSULATION TO OUR PROPERTY.
UM, THESE HOMES WERE EXPERIMENTAL AND EXPERIMENTAL SPEARMINT ITSELF ENDED IN THE 1950S.
THESE ARE HOMES WHERE PEOPLE LIVE AND HAVE USED AS RESIDENCES FOR GOING ON 70 YEARS, I SUPPORT MY NEIGHBOR HUE, THE OWNER OF 25 0 2 PARK VIEW DRIVE IN OPPOSITION TO REZONING OF HIS PROPERTY.
I DIDN'T WANT TO HEAR FROM KEVIN DREW FOLLOWED BY HEATHER DAVIDSON.
I'M HERE TO SPEAK OUT AGAINST THE REZONING OF 25 0 2 PARK VIEW.
MY FAMILY AND I LIVE AT 66 0 1 NASSCO DRIVE.
WE PURCHASED THE HOME IN JULY OF 2000.
AT THE TIME OF PURCHASING, I HAD NEVER HEARD OF THE AIR CONDITIONING VILLAGE.
FEW YEARS LATER, I RECEIVED AN ARTICLE THAT DISCUSSED THE AIR-CONDITIONED VILLAGE AND ITS GOALS.
THE ARTICLE EXPLAINED STANDARD HOUSE PLANS WERE MODIFIED TO BECOME THESE EXPERIMENTAL OR TEST HOUSES, MODIFICATIONS THAT INCLUDED SUCH THINGS AS REPURPOSE IN CLOSETS FOR H HVAC SYSTEMS PLACED IN VENTILATION TUNNELS DIRECTLY IN THE HOUSE, HAVING LITTLE TO NO WINDOWS ON THE WEST SIDE OF THE HOUSE AND EXTREMELY LOW PITCHED ROOF WITH LITTLE TO NO AXE ATTIC ACCESS.
TIME AND MATERIALS WERE DONATED BY BUILDERS WITH PREDETERMINED SELL PRICE.
AFTER READING THE ARTICLE, I BEGAN TO
[02:20:01]
UNDERSTAND WHY I ALWAYS FACED ISSUES WHEN ATTEMPTING REPAIRS OR UPDATES.IT ALSO EXPLAINS WHY I HAVE WHAT WOULD BE CONSIDERED COMMERCIAL COMPONENTS IN A RESIDENTIAL HOUSE.
THINGS LIKE METAL DOORS, METAL, DOORFRAMES, VINYL, BASEBOARDS, GLUED TO THE WALL BECAUSE THE WALLS ARE MUD AND CONCRETE.
AND THERE ISN'T A WAY TO ATTACH STANDARD BASEBOARDS.
NOTHING IS EVER SIMPLE OR STRAIGHTFORWARD.
IT ALWAYS SOUNDS SIMPLE ON THE PHONE.
THE CONTRACTOR ARRIVES OR USUALLY STARTS WITH, WELL, THAT'S WEIRD AND ENDS WITH A NEW NON-STANDARD SOLUTION THAT GENERALLY INCREASES THE COST AS THE OFF THE SHELF PRODUCT DOES NOT FIT IN A CUSTOM SOLUTION HAS TO BE CREATED AS AN OWNER OF ONE OF THESE HOMES.
I EXPERIENCED THE AIR CONDITIONED VILLAGE, COMMON ISSUES, FLOODING CRACKS, PLUMBING ISSUES, ELECTRICAL ISSUES, EXTREMELY ENERGY INEFFICIENT BY TODAY'S STANDARDS AND TECHNOLOGIES.
THESE HOUSES WERE BUILT USING THE TECHNOLOGIES OF THE 1950S IN AN NEARLY 70 YEARS, SINCE THESE HOMES WERE CONSTRUCTED, MAJOR ADVANCES HAVE BEEN MADE IN ENERGY EFFICIENCY IN HOME DESIGN, THREE AIR CONDITIONED HOMES IN MY IMMEDIATE PROXIMITY, INCLUDING ONE RIGHT NEXT DOOR.
AND WHEN THE RIGHT BEHIND ME HAVE ALREADY BEEN RAISED WITHOUT PROTEST AND NEW ENERGY EFFICIENT, MODERN FAMILY HOMES BUILT IN THEIR PLACE, I DO NOT WANT TO SEE MY ABILITY TO REMODEL A REBUILD TO MODERN STANDARDS OF ENERGY EFFICIENCY AND HOME DESIGN IMPACTED BY THIS DECISION.
AT SOME POINT I WOULD LIKE TO SEE MY ENERGY BILL CUT IN HALF.
I ALSO WANT THE OPTION TO SELL MY HOME AT THE SAME MARKET VALUE AS A NON ACV HOMES ON THE SAME BLOCK ACROSS THE STREET, FOUR DOORS DOWN.
IF THE AIR CONDITIONED HOMES ARE BEING SUBJECTED TO HISTORIC DESIGNATIONS ARE SELLING PRICES AND BUYER OPTIONS WOULD BE SEVERELY IMPACTED.
BUYERS WOULD BE FULLY AWARE OF THE STRUCTURAL ISSUES WITH THESE HOMES.
IT WOULD HAVE NO REASON TO PURCHASE ONE OF THESE OWNS WHEN THEY COULD PURCHASE ONE ACROSS THE STREET WITHOUT ANY RESTRICTIONS.
THIS CAUSES MY INVESTMENT TO BE WHERE IT'S SIGNIFICANTLY LOWER THAN OTHERS IN THE NEIGHBORHOOD.
EVEN THOUGH I PAID MARKET VALUE WITHOUT ANY, WITHOUT THE HISTORIC DESIGNATIONS.
AGAIN, I STRONGLY OBJECT TO ANY HISTORIC CLASSIFICATION OF THE HOME AT 25 0 2 PART VIEW DO IS DUE TO HIS STRUCTURAL PLUMBING AND SLAB ISSUES.
I STAND WITH MY NEIGHBOR, HUGH AND HIS PLAN TO REPLACE AN INHABITABLE STRUCTURE WITH A NEW ENERGY EFFICIENT HOME FOR A FUTURE ELLENDALE FAMILY.
SEE IF I MS. HEATHER DAVIDSON IS ON THE LINE, MS. DAVIDSON, IF YOU'RE ON THE LINE.
SO LIKE STAR SIX, PROCEED TO YOUR REMARKS.
MR. DEAN PERRY PERRY, IF YOU'RE ON THE LINE, SELECT STAR SIX, PROCEED WITH YOUR REMARKS.
HI, MY NAME IS DEAN PERRY AND I OPPOSE THE REZONING.
UH, I LIVE AROUND THE CORNER FROM THE PROPERTY IN QUESTION, UH, JUST ON THE CORNER OF DARDY AND ADDISON.
UH, THANK YOU TO THE COMMISSION FOR LETTING ME SPEAK.
I'M GOING TO SHARE TWO QUICK POINTS WITH YOU.
UH, FIRSTLY, I SHARE MY NEIGHBOR'S CONCERNS ABOUT THE REZONING OCCURRING AGAINST THE WISHES OF THE PERSON THAT ACTUALLY OWNS THE PROPERTY.
UH, I UNDERSTAND THAT A PREVIOUS OWNER WAS INVOLVED IN A, UM, UH, AGREEMENT, UH, TO PARTIALLY DEMOLISHED THE PROPERTY, UM, AND THAT THIS WAS CONSIDERED AN AMICABLE AGREEMENT.
IT WAS APPARENTLY AMICABLE ENOUGH THAT THE PERSON TURNED AROUND AND SOLD IT TO SOMEBODY ELSE.
UH, WHILE I OWN A NEWER HOUSE, UM, THAT IS THE RESULT OF A DEMOLITION.
UH, I HAVE TO IMAGINE THAT MANY OF MY NEIGHBORS THAT OWN OLDER HOMES IN THE NEIGHBORHOOD WOULD SHARE MR. CORRIGAN'S CONCERN ABOUT HIS PROPERTY BEING REZONED AGAINST HIS WISHES FOR FEAR OF IT HAPPENING TO THEM, PARTICULARLY BECAUSE THE REZONING DRAMATICALLY LIMITS HIS FLEXIBILITY.
SECONDLY, THE PROPERTY HAS BEEN VACANT FOR A VERY LONG TIME AND IT'S LOOKING AT IT TODAY IS IN ROUGH SHAPE.
I KNOW THIS, I RAN BY IT BY THREE HOURS AGO.
UH, THIS IS NOT IN ANYONE'S BEST INTEREST AND CERTAINLY NOT IN THE CITIES, WHICH IS HARD PRESSED TO MAKE ENOUGH HOUSING AVAILABLE, TO HANDLE THE INFLUX OF RESIDENTS THAT WE HAVE HERE IN AUSTIN TODAY.
I BELIEVE WHAT MR. CORGAN IS PLANNING TO BUILD IS VERY LIKELY TO HELP MORE PEOPLE THAN THE STRUCTURE IN PLACE TODAY COULD IF IT WERE TO BE OCCUPIED, WHICH IT IS NOT.
I BELIEVE THAT GENUINE HISTORIC PRESERVATION IS IMPERATIVE, ESPECIALLY IN A CITY WITH AS MUCH VIBRANT HISTORY AS OFTEN.
BUT AT THE END OF THE DAY, WE ALSO NEED TO EMBRACE CHANGE IN OUR NEIGHBORHOODS, DIFFER EVER GOING TO MEET THE DEMAND OF THE GROWING POPULATION BECAUSE THE DEMAND ISN'T LETTING UP ANYTIME SOON, AND WE NEED TO BE FLEXIBLE TO RESPOND AS A CITY IN THE YEARS TO COME.
WHEN WE TALK ABOUT WHY WE SHOULD PRESERVE THIS
[02:25:01]
STRUCTURE, WE'RE TALKING ABOUT THE FACT THAT IT'S AN EXAMPLE OF MID-CENTURY MODERN ARCHITECTURE DESIGNED BY TALENTED LOCAL ART.OKAY? AND WE'RE TALKING ABOUT IT IN A TEST TO UNDERSTAND THE EFFECTIVENESS OF CENTRAL AIR CONDITIONING AND A MODEST HOME.
WE'RE IN THE MIDST RIGHT NOW OF A HOUSING SUPPLY CRISIS IN THIS CITY.
AND YOU'VE GOT TO ASK YOURSELF, WHERE DO WE DRAW THE LINE HERE? I UNDERSTAND THAT THE STRUCTURES HAVE GENUINE, MEANINGFUL, EMOTIONAL TIES FOR PEOPLE.
AND THAT FOLKS LIKE TO SHARE IN HISTORY AS PART OF CONNECTING TO THEIR COMMUNITY.
I RESPECT MY MANY NEIGHBORS THAT HAVE SPOKEN UP IN SUPPORT OF THE REZONING, BUT WE NEED THE WAYS, THESE TYPES OF DECISIONS WITH THE LONG-TERM HEALTH OF THE CITY.
AND GIVEN OUR SITUATION HERE IN AUSTIN, I WOULD SUGGEST THAT AT A MINIMUM, WE SHOULD ALL WANT THE HOUSE TO ACTUALLY HOUSE SOMEONE AND THAT'S NOT GOING TO HAPPEN IN ITS CURRENT STATE.
WE'LL NOW HEAR FROM MR. DAVID HARBIN.
THANK EACH OF YOU FOR YOUR SERVICE.
SO MY FAMILY AND I LIVE IN THE NEIGHBORHOOD AND WE ARE THE OWNERS OF
WE HAVE LIVED IN THE NEIGHBORHOOD FOR ALMOST 25 YEARS.
I AM AN OPPOSITION TO HISTORIC ZONING FOR OUR, OUR NEIGHBORS PROPERTY AT 25 OT PARK VIEW.
AS A HOMEOWNER TO REBUILD A NEW HOUSE.
OUR HOME AT 6,604
THE VENDORS REVEALED THAT THERE IS SUBSTANTIAL AS BEST DOSE IN THE PROPERTY.
WE ALSO KNOW THAT THE SEWAGE AND PLUMBING IS, UM, NEEDS, NEEDS TO BE REPLACED AND WAS NOT DESIGNED TO LAST THIS LONG.
IT WILL REQUIRE CHAIRING UP THE FOUNDATION FOR SUBSTANTIAL COSTS.
THERE ARE MANY OTHER NEEDED REPAIRS THAT HISTORIC ZONING WILL MAKE EVEN MORE BURDENSOME.
THESE ISSUES MAKE SELLING AND MAKING USEFUL USE OF OUR PROPERTY.
VERY DIFFICULT WITH THE SEEMINGLY CONTINUOUS AND INDEFINITE THREAT OF HISTORIC ZONING.
THE AIR CONDITIONING IS NOT GREEN AND THE PROPERTY IS NOT EFFICIENT, ALTHOUGH IT MAY HAVE BEEN CONSIDERED GREAT IN THE FIFTIES.
THIS WHOLE BURDENING PROCESS MAKES ENERGY EFFICIENT NEEDS OF THE HOME.
MUCH MORE DIFFICULT AFTER LISTENING TO THE HISTORIANS, IT'S IMPRESSIVE THAT THEY CAN WALK AROUND AND FIND THINGS THAT WERE NEAT IN 1950.
BUT I, I ASSURE YOU AS OTHER HOMEOWNERS HERE CAN ATTEST THAT THERE'S AN THERE'S NOTHING OR ALMOST NOTHING COOL LEFT THAT IS SHOWN IN THE CHARTS.
DEFINITELY NOT OPERATIONAL OR USEFUL, BUT INSTEAD IT'S ALL COSTLY AND AN EYESORE.
SOME PEOPLE WALKING BY LOVE TO SEE THE OLD HOMES, BUT WE FEEL THE OPINION OF A FAMILY'S LIVING AND RAISING THEIR CHILDREN IN THE HOMES SHOULD MATTER MORE.
ALSO THE OPINIONS OF THOSE WHO HAVE TO MAINTAIN THE ROTTING PROPERTIES SHOULD ALSO COUNT THE PREDATORY NATURE OF THE CITY FOR THIS PARTICULAR NEIGHBORHOOD CREATES AN AIR OF INSECURITY AS TO WHETHER WE'RE WHETHER OR NOT WE ARE ABLE TO OBTAIN DEMOLITION PERMITS FOR ALL OF THESE REASONS AND OTHERS.
I SUPPORT HUGHES PROPERTY RIGHTS AND OPPOSE THE HISTORIC ZONING OF THE PROPERTY.
THANK YOU ALL FOR YOUR SERVICE AND FELICITY SHERIFF.
AND I'LL HEAR FROM MS. BERLIN FOR BATTLE THANK YOU.
I CERTAINLY APPRECIATE THE, UH, THE CONCERNS OF THE HOMEOWNERS AND APPRECIATE THEIR TIME, UH, COMING OUT TO SPEAK TONIGHT.
I DID WANT TO ADDRESS SOME ASPECTS THAT PERTAIN TO THE QUALIFICATIONS FOR LANDMARK DESIGNATION AT THE TIME OF THE AIR CONDITION VILLAGE EXPERIMENTS, AIR CONDITIONING WAS PREVALENT ONLY IN HIGHER PRICED HOUSES, NOT MID PRICED HOMES.
UH, THIS WAS NOT SIMPLY A PARADE OF HOMES.
UH, THE AIR CONDITION VILLAGE WAS THE ONLY LARGE SCALE NATIONAL EXPERIMENT OF ITS TYPE, UH, OTHER AIR CONDITIONING, UM, ENGINEERING EXPERIMENTATION BY TRADE ORGANIZATIONS OR UNIVERSITY PROGRAMS WAS MORE ISOLATED, WAS GENERALLY A SINGLE HOUSE OR A SMALL NUMBER OF HOUSES.
UM, NOT SOMETHING OF THIS LARGER SCALE.
UH, THE PERIOD OF SIGNIFICANCE IS, UH, OVER 50 YEARS OF AGE, IT WOULD BE FROM 1954 TO 1956.
UH, THE PERIOD IN WHICH THAT COSTS DATA AND THE REST OF THE EXPERIMENTATION OCCURRED, UH, MORE BROADLY HISTORICAL ASSOCIATIONS CAN BE REPRESENTATIVE OF SIGNIFICANT EVENTS, NOT SIMPLY SIGNIFICANT
[02:30:01]
OCCUPANTS OF A HOME, UM, TO ADDRESS THE DEMOLITIONS THAT HAVE OCCURRED WITHIN THE NEIGHBORHOOD.UH, THERE WERE FIVE DEMOLITION PERMITS ISSUED BETWEEN 1989 AND 2017.
MY IMPRESSION IS THAT, UH, THAT PERIOD WAS BEFORE A STAFF AND THE HISTORIC PRESERVATION OFFICE WAS AWARE OF THE SIGNIFICANCE OF THE AIR CONDITION VILLAGE OR WHERE IT WAS LOCATED.
UM, I GAVE A LECTURE, UM, AND A TOUR OF THE NEIGHBORHOOD, UH, ON BEHALF OF NINTEX MOD IN 2018.
AND SO IT WAS THE THREE DEMOLITION PERMITS THAT HAVE COME INTO THE CITY SINCE THAT TIME, MR. SEDOWSKY REFERRED TO THE HISTORIC LANDMARK COMMISSION BASED ON THE KNOWLEDGE OF THE, UH, THE AREA, UH, 25 OF FIVE AND 25 0 7 PARKVIEW, UH, DEMOLITION PERMITS WERE RELEASED BY THE STORK LANDMARK COMMISSION ON ACCOUNT OF MODIFICATIONS TO THOSE HOMES, UH, THAT MADE THEM, UM, YOU KNOW, NOT REALLY STRONG EXAMPLES, NOT REALLY LANDMARK QUALITY.
SO THE REASON THIS ONE IS MOVING FORWARD IS BECAUSE IT REALLY IS EXEMPLARY.
UH, THAT'S WHAT WE LOOK FOR AND, UH, APPLYING TO LANDMARK CRITERIA, IT'S AN EFFORT TO IDENTIFY AND RECOGNIZE THOSE EXEMPLARY QUALITIES THAT WE CAN RECOGNIZE THROUGH LANDMARK DESIGNATION.
UM, AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.
SO, UH, GO AHEAD, MS. GREENBERG, AND THEN I SAW YOU, UH, COMMISSIONER THOMPSON.
SO THE VOTE TO REJECT NATIONAL REGISTER DISTRICT AND THE NEIGHBORS COMING OUT IN OPPOSITION TO THIS PARTICULAR REZONING OF A SINGLE HOME, UM, MAKES ME BELIEVE THAT THERE'S SOME MISINFORMATION OUT THERE ABOUT WHAT IS THE EFFECT OF ONE, A NATIONAL REGISTER DISTRICT ON WHAT, HOW DOES THAT AFFECT THE PROPERTY OWNERS? IS IT A PROPERTY REZONING, AS SOME PEOPLE SEEM TO INDICATE OR BELIEVE BASED ON WHAT WAS IN THE BACKUP, DOES IT IN ANY WAY AFFECT WHAT CAN BE DONE WITH THEIR PROPERTY? AND SIMILARLY, IF THERE IS A SINGLE LANDMARK IN YOUR NEIGHBORHOOD, DOES THAT AFFECT WHAT CAN BE DONE WITH YOUR PROPERTY I'LL ADDRESS? THE NATIONAL REGISTER LISTING FIRST NATIONAL REGISTER LISTING IS PRIMARILY AN HONORARY DESIGNATION.
UH, IT DOES NOT IMPOSE RESTRICTIONS ON PRIVATE PROPERTY OWNERS.
IT'S NOT A LOCAL ZONING CHANGE.
THERE IS A PROVISION IN THE LAND DEVELOPMENT CODE AND THE SECTION OF THE, THIS CAME FORWARD UNDER WHERE, UM, STAFF REVIEWS, DEMOLITION AND MODIFICATION PERMITS.
THERE ARE SOME ADDITIONAL PROVISIONS RELATED TO NATIONAL REGISTER DISTRICTS WHERE THE HISTORIC LANDMARK COMMISSION CAN IMPOSE A DEMOLITION DELAY OF UP TO 180 DAYS.
UM, BUT THAT'S REALLY THE ONLY WAY IN WHICH THESE PROPERTIES WOULD BE TREATED DIFFERENTLY WITH NATIONAL REGISTER LISTING THAN WITHOUT, UM, AS THEY ARE KNOWN TO BE A POTENTIAL HISTORIC SIGNIFICANCE.
THESE ARE PROPERTIES THAT WOULD BE REFERRED TO THE HISTORIC LANDMARK COMMISSION, REGARDLESS OF WHETHER OR NOT A NATIONAL REGISTER LISTING OR IN PLACE IN TERMS OF LANDMARK DESIGNATION THAT SHOULD NOT AFFECT TO THE, UM, THE PROPERTY VALUES OF NEIGHBORING PROPERTY OWNERS OR WHAT CAN BE DONE WITH THEIR HOME, UH, IN TERMS OF WHAT COULD BE DONE WITH, UM, THE, THE HOME WITH LANDMARK DESIGNATION OR THE NUMBER OF THE NEIGHBORS YOU ARE SAYING, I NEED TO BE ABLE TO WHATEVER TO MY HOME AND THIS ONE ZONING CASE IS GOING TO PREVENT THEM.
UH, I ACTUALLY, I THINK HAVING A LANDMARK DESIGNATED TO REPRESENT THE OVERALL HISTORY OF THEIR CONDITIONS VILLAGE WOULD, WOULD SETTLE THE ISSUE.
THERE WOULD BE A SINGLE LANDMARK THAT WOULD REPRESENT THAT, UH, YOU KNOW, BROADER AREA.
AND, UM, THERE WOULD NOT BE A NEED FOR THE LANDMARK COMMISSION TO CONSIDER OTHER, YOU KNOW, DEMOLITIONS WITHIN THE NEIGHBORHOOD.
I BELIEVE WE NEED TO MAKE THEM HAVE A MOTION TO CLOSE THAT MAKE A MOTION TO CLOSE THE PUBLIC HEARING.
UM, SO THE MOTION WAS MADE BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER.
DINKLER ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, AND THAT IS UNANIMOUS.
SO, UH, COMMISSIONER THOMPSON, YOU UP NEXT FOR QUESTIONS.
I'M CURIOUS ABOUT, UM, MENTIONED THROUGHOUT THE EVENING ABOUT POTENTIAL ENTITLEMENTS THAT ARE AVAILABLE TO THIS LANDOWNER AND I, YOU KNOW, ANY DISCUSSION ABOUT THAT PROCESS AND, UM,
[02:35:01]
WHAT IS POSSIBLE AND NOT POSSIBLE WITH THIS DESIGNATION.AND JUST TO CLARIFY, THE ENTITLEMENT THAT WERE MENTIONED WERE, UM, THE ABILITY TO BUILD AN 80 U OR A LARGER SQUARE FOOTAGE, UM, ADDITION ON THE PROPERTY.
SO THE, UM, THE HISTORIC ZONING IS AN OVERLAY ZONING.
IT DOESN'T AFFECT WHAT'S ALLOWED BY THE BASE ZONING FOR THE PROPERTY.
UH, IN TERMS OF THE STANDARDS OF THE HISTORIC LANDMARK COMMISSION USES TO EVALUATE CHANGES TO LANDMARK PROPERTIES.
UM, ADDITIONS ARE CERTAINLY SOMETHING THAT THE LANDMARK COMMISSION WILL CONSIDER.
UH, THEY'RE OPEN TO 80 USE, UH, OR OTHER NEW CONSTRUCTION ON THE PROPERTY, AS LONG AS IT MEETS CERTAIN DESIGN STANDARDS AND IS, UM, JUST GENERALLY SUBSERVIENT AND IT'S DESIGNED TO THE MAIN LANDMARKED BUILDING, JUST SO I'M CLEAR.
SO THE, SO THE FACADE HAS TO REMAIN AND CAUSE IT SOUNDED LIKE THERE ARE STRUCTURAL ISSUES AND SO HE COULD DEMOLISH THE WHOLE THING, BUT THE FACADE AND RECONSTRUCT THE ENTIRE BUILDING JUST AS LONG AS THE FACE REMAINS, IS THAT WHAT WE'RE SAYING? IT WOULDN'T BE MORE THAN THAT.
UM, SO WHAT, WHAT THE LANDMARK COMMISSION HAD AGREED TO WITH THE PRIOR OWNER WAS THAT THE FRONT OF THE HOUSE AND, UM, I BELIEVE A PORTION OF THE SIDES OF THE HOUSE WOULD REMAIN THE BACK WOULD BE TAKEN OFF.
UH, STRUCTURAL REPAIRS WOULD BE DONE IN ADDITION WOULD BE CONSTRUCTED.
UM, ARE THERE ANY OTHER QUESTIONS FROM THE TWO B ONE A IS CLOSED? WE'RE WE'LL KEEP ASKING QUESTIONS.
UM, AND I, I RECALL THE, THE PROPERTY OWNER HAD, HAS INDICATED THAT HE LIVES IN THIS.
THIS WOULD BE A QUESTION, I GUESS, FOR THE PROPERTY OWNER, IF THAT'S POSSIBLE, UH, CURRENTLY LIVES AT 25, 10 PARK VIEW, BUT, AND, AND THAT'S HIS, WHERE HE LIVES RIGHT NOW, BUT INTENDS TO, BUT ALSO OWNS 25 0 2 PARK VIEW AND TENDS TO REBUILD THAT IF HE CAN AND THEN MOVE INTO THAT.
SO I, I, I COULD, COULD YOU KIND OF EXPLAIN THAT A LITTLE BIT? SO YOU MAY APPROACH THE MIKE, IF HE HAS A QUESTION DIRECTED AT YOU, THEN YOU CAN APPROACH HIM RESPOND MR. CORRIGAN.
SO, SO I MOVED INTO 25, 10 ARE FEW DRIVE, UH, FOUR YEARS AGO.
UH, IT WAS A HOUSE BUILT BY BARBARA AND DOMINIQUE WHO LIVED, THEY LIVED IN THAT HOUSE AND THEN THEY MOVED INTO A DIFFERENT HOUSE AND SOLD THAT HAS TO ME.
UM, AND THEN WHEN THIS PROPERTY BECAME AVAILABLE, WHAT WAS KIND OF LIKE TALKING TO SO DOMINIQUE AND WAS, YOU KNOW, KIND OF, WE WERE LIKE, OH, WE COULD BUILD, I COULD BUILD LIKE MY DREAM HOUSE, THE WAY I WANTED US OR WHATEVER, UM, ON THIS PROPERTY.
UM, AND THAT WOULD BE, THE IDEA WOULD BE, I WOULD, I WOULD MOVE INTO THIS HOUSE.
I WOULD SELL THE HOUSE THAT I, THAT I LIVE IN CURRENTLY.
SO, SO YOU'RE NOT INTERESTED IN RETAINING THE FACADE AND THE SIDEWALK.
I DON'T THINK THAT THAT IS REALLY PRACTICAL, LIKE THE WAY THAT IT'S BEING DESCRIBED AS THE PREVIOUS OWNER AGREED TO DO THAT, THEY JUST SOLD THE PROPERTY WITHOUT DISCLOSING THE FACT THAT THEY MADE THIS AGREEMENT.
I GUESS THAT'S MY READING OF IT, AT LEAST LIKE, YOU KNOW, THEY, YOU KNOW, THEY, THEY, THEY, THEY HAD NOTHING IN THE DISCLOSURE ABOUT IT.
UM, SO LIKE THEY, MY, MY INTERPRETATION IS THAT THEY PROBABLY DID SOMETHING LIKE MAKE AN AGREEMENT SO THAT THERE WASN'T A, UH, LIKE HISTORIC ZONING DESIGNATION.
AND THEN, YOU KNOW, THEY COULD SELL THE HOUSE FOR A PROFIT, WHICH THEY DID.
I DID NOT BUY IT AT LIKE CHEAP PRICE OR ANYTHING LIKE THAT.
UM, YEAH, IT SEEMS LIKE THERE'S AN ISSUE WITH THE REALTOR DISCLOSURE.
BUT IT'S, WE'VE SPOKEN ABOUT THIS.
IT'S VERY, IT'S VERY DIFFICULT AND LIKE, IT'S RISKY TO LIKE, KIND OF TAKE PEOPLE, YOU KNOW, TO LITIGATION ABOUT SUCH FACTORS, BUT, BUT ALSO LIKE, IT WASN'T PROTECTED BY HISTORIC DESIGNATION, RIGHT? LIKE THIS IS THE ARGUMENT THAT THEY AGREED TO DO IT.
LIKE THERE WAS IT'S ZONED AS LIKE THE SAME AS ALL THE OTHER HOUSES.
UM, AND I'M NOT AN EXPERT ON THIS, SO SORRY.
SOME OF THE THINGS ARE SPECULATION.
UM, WELL THINK, I THINK YOU'VE ADDRESSED MY QUESTION AND, AND, UH, UM, THE, UH, SO THE, I GUESS THE OTHER QUESTION WOULD BE FOR STAFF.
THANK YOU VERY MUCH, MR. CORGAN.
COULD I HAVE MR. CORGAN UP AGAIN, PLEASE? IF I HAD ANOTHER QUESTION FOR STAFF POSSIBLY.
[02:40:01]
UP WITH STAFF ABOUT THE QUESTION ABOUT THE, UH, THE, UH, AN ADU AND ADDITIONAL OF THE, SO THE APPLICANT, JUST A CLARIFICATION ON THAT.SO THE APPLICANT, UH, COULD WITH, WITH HISTORIC ZONING HERE, IF THEY WERE APPROVED FOR THIS SITE, THIS LOCATION WOULD, COULD, WOULD NOT BE PROHIBITED FOR BUILDING AN ADU, UH, IN, UH, ON THIS SITE.
IS THAT CORRECT? IT WOULD BE BASED ON WHAT THE VASE ZONING ALLOWS.
SO, YOU KNOW, ONE THING I WANT TO BRING UP ABOUT THIS, BECAUSE I CAN UNDERSTAND, AND, YOU KNOW, I LOOKED ON T CAT IN THE VALUE OF, UH, MR. CORRIGAN'S HOUSE OR THE PHRASE VALUE, BUT 25, 10 CARD VIEW IS 1.3, 3000001.3, 3 MILLION.
THE APPRAISED VALUE, THE APPRAISED VALUE OF THE 20, 20, 20, 20 21 APPRAISE VALUE, JUST THE 20, 21 APPRAISED BODY OF 2,502, ACCORDING TO T CAB PARKVIEW 25 0 2 PARTS, YOU HAD 530, $4,000.
SO YOU CAN SEE THERE'S AN 800 PLUS THOUSAND DOLLAR DIFFERENCE THERE.
SO THAT'S A SIGNIFICANT DIFFERENCE.
AND I UNDERSTAND HOW IMPORTANT THAT IS, YOU KNOW, UH, UH, SO I THINK IT'S IMPORTANT THAT, THAT IF WE'RE GOING TO RETAIN THE STORE ZONING ON THIS SIX, WHICH I CAN SEE IS, IS, IS, UH, OF IMPORTANT VALUE HERE THEN THAT WE NEED TO BE ABLE TO ALLOW SOME WAY FOR THE OWNER TO DO, TO DO AN ADU.
AND I DON'T KNOW IF THAT WOULD BE A BOARD OF ADJUSTMENT VARIANCE OR SOMETHING LIKE THAT, BUT I JUST WANTED TO KIND OF GET THAT OUT THERE.
I UNDERSTAND, YOU KNOW, UH, THAT, YOU KNOW, YOU KNOW, IT'S, IT'S EXPENSIVE TO REMODEL THIS HOUSE CAUSE I'VE BEEN THROUGH A REMODEL MYSELF IN THE HOUSE.
AND TO THAT END IN TERMS OF ASBESTOS, AND IF THERE ARE AS COMPONENTS OF ASBESTOS OR, OR, UH, OTHER, UH, CONTAMINANTS, MY UNDERSTANDING IS THAT THEY WOULD, THEY WOULD HAVE TO BE REMEDIATED PROPERLY.
UH, IS THAT CORRECT STAFF? YES, THAT'S CORRECT.
UM, IN TERMS OF THE TREATMENT OF THE FACADE, UM, THE PRIOR OWNER HAD PROPOSED TO REPLACE THE ASBESTOS PANELS ON THE FACADE, UH, WITH SOMETHING LIKE A FIBER CEMENT SIDING.
AND SO THAT WOULD KEEP THE HISTORIC APPEARANCE, UH, WHILE REPLACING THE MATERIAL WITH A NON AS FESTUS MATERIAL.
AND MY UNDERSTANDING FROM THE DEMOLITION PERMIT PROCESS IMPROVEMENTS THAT COUNCIL RECENTLY PASSED AND IS IMPLEMENTED IN THE CODE.
IT PROVIDES THE NEIGHBORS WITH BETTER PROTECTIONS ON, YOU KNOW, UH, ANY, ANY KIND OF, UH, REMODELING THAT WOULD POTENTIALLY INCLUDE CONTAMINANTS LIKE ASBESTOS.
AND SO NOTIFICATION WOULD GO OUT AND PROPER REMEDIATION WOULD HAVE TO BE DONE ACCORDING TO WITH A LICENSED PROFESSIONAL.
OH, CAN I GO AHEAD AND ADD A CHAIR? UM, COULD I, SINCE YOU WERE STILL UP THERE, I'M ELIZABETH, COULD I ASK YOU THEN A SIMPLE QUESTION IS IN ORDER TO BUILD AN AID ADU HERE, ALL WE WOULD HAVE TO DO IS ALTHOUGH WE'RE NOT POSTED FOR IT, BUT TO OBSERVE IT FROM SF TWO TO SF THREE AND, AND THAT WOULD BE FOR 80 YEARS, I BELIEVE SO.
AND AS YOU ALL KNOW, I'VE ALWAYS BEEN IN FAVOR OF EIGHTIES EVERYWHERE.
SO I BET, ANYWAY, I AM CONSISTENT ON THAT.
COMMISSIONER DINKLER QUESTION.
I WAS A LITTLE CONFUSED RELATING TO THE OWNERSHIP BECAUSE I SAW MR. CORGAN ON TWO BUILDINGS AND I WAS TRYING TO FIGURE OUT WHO DIDN'T DISCLOSE, BUT I HAVE TO ADMIT BEING A LITTLE CONFUSED BECAUSE HE HAD TO HAVE BEEN NOTICED AT 25, 10 HE'S WITHIN 500 FEET AT 25 OF TWO.
SO I WOULD HAVE THOUGHT YOU WOULD HAVE RECEIVED A NOTICE THAT THERE WAS A HISTORIC ZONING PROPOSED FOR 25, BUT THAT IS THE WAY, SORRY.
THAT WAS NO, I WAS ASKING THE QUESTION.
UM, I FOUND OUT ABOUT DISH BY THE FACT THAT IT SAID THAT THIS WAS HAPPENING.
SO, AND YOU DID NOT GET WRITTEN NOTICE THAT THIS WAS PROPOSED FOR HISTORIC, FOR MY PROPERTY.
AS IN, LIKE, AS IN ME, THE OWNER OF THE PRO THERE, MAYBE RACI COULD EXPLAIN THIS A LITTLE BIT BETTER.
KNOW IT'S A QUESTION FOR YOU BECAUSE IT'S ALSO A LITTLE CONFUSING WITH THE WAY THIS IS LISTED IN T CAT.
IT SHOWS A BUILDER HAS A WARRANTY DEED ON THE PROPERTY.
SO I DON'T KNOW IF YOUR BUILDER GOT THE NOTICE, BUT PERHAPS MS. BRAMLETT CAN TELL US IF YOU WERE WITHIN THE 500 FEET WRITTEN.
I FOUND THAT I FOUND OUT ABOUT IT THROUGH THAT.
SO YOU DID GET WRITTEN NOTICE.
YES, BUT I DON'T THINK THAT'S QUITE THE SAME AS BEING TOLD THAT YOUR PROPERTY, I WOULD IMAGINE,
[02:45:01]
UH, YOU'VE GOT WRITTEN NOTICE.I WOULD HAVE CALLED THE NUMBER ON THE NOTICE, BUT I'M NOT TRYING TO BE SARCASTIC.
UM, I, I THINK THAT YOU HAD SOME ONUS AS A PROPERTY OWNER TO CHECK IT OUT IF YOU HAD CONCERNS OR, WELL, I, WELL, I, I, I, I CALLED IT TO THE ORIGINAL MEETING AND I, I VOICED MY, UM, MY LIKE OBJECTION.
AND THEN I DIDN'T, I DIDN'T KNOW QUESTION, I'M HIS LAWYER AND HE ASKED ME FOR MY HELP AND I'M, HE'S MY CLIENT.
I UNDERSTAND MY QUESTION WAS TO MR. CORGAN, THE QUESTION HAS BEEN ANSWERED.
I THEN ASKED MS. BRAMLETT, DO YOU, DO YOU, DO WE KNOW, DO WE HAVE A RECORD OF THE TAPE BY CHANCE OF WHO WAS NOTIFIED? DID YOU? WE DO HAVE THE MAILING LABELS AND A NOTICE WAS MAILED TO MR. CORRIGAN.
UM, IN TERMS OF THERE IS ALSO A, UM, AN INFORMATION SHEET ON LANDMARK DESIGNATION REQUIRED UNDER STATE LAW.
AND THAT WAS SENT BY EMAIL MR. LUBBOCK AS THE APPLICANT.
UM, THE DEMOLITION PERMIT HAS A STATEMENT THAT MR. CORRIGAN AUTHORIZED MR. LAVECK TO ACT ON HIS BEHALF FOR THE PERMIT APPLICATION.
ONE MORE QUESTION FOR YOU, MS. BRAMLETT DO, WHEN YOU'RE DOING FOR AN HISTORIC REZONING, DO YOU ALSO POST SIGNAGE ON THE PROPERTY ITSELF? LIKE WE DO AT THE REGULAR REZONING, WE POST SIGNAGE FOR THE NOTICE OF PUBLIC HEARING FOR THE DEMOLITION REQUEST.
THIS IS ALL FOLLOWING OUT OF THAT INITIAL HEARING ON THE DEMOLITION REQUEST.
SO IT'S CONSIDERED TO BE PROPERLY NOTICED PERHAPS THE MAIL DIDN'T DELIVER THE NOTICE, BUT THERE WAS SIGNAGE, THERE WAS AN EMAIL THERE WAS ALSO, OKAY.
THANK YOU, COMMISSIONER SMITH.
UM, I DON'T REALLY HAVE ANY QUESTIONS.
I DON'T THINK FOR YOU GUYS AT THIS POINT.
UM, HAVING GROWN UP IN AUSTIN SINCE THE 1960S AND GREW UP IN A HOUSE THAT WAS BUILT IN THE FIFTIES, UH, THAT HAD AIR CONDITIONING, UM, AND HOW SOME OF MY NEIGHBORHOOD AIR CONDITIONING, WE WERE NOT, WE WERE LOWERED A MIDDLE-CLASS NEIGHBORHOOD.
IT WASN'T A FIRST-TIME HOME BUYER.
SO TO ME, WE WERE IN THE EXACT SAME SITUATION IN SOUTH AUSTIN IS WHAT THEY WERE RUNNING, BUT WE WERE NOT A SPECIAL NEIGHBORHOODS, SPECIAL AIR CONDITION.
WE JUST HAD THE SAME RECOGNITION EVERYBODY ELSE HAD.
UM, SO I'M HAVING A PROBLEM COMING UP WITH A UNIQUENESS OF AN AIR CONDITION AREA.
WHEN, AS FAR AS I KNEW EVERYBODY ELSE IN AUSTIN HAD AIR CONDITIONING IN THEIR HOUSE, IT WAS BUILT IN THE FIFTIES.
CAUSE THAT'S WHERE IT WAS WHEN I GREW UP.
UM, ARE YOU ASKING STEM? NO, I'M JUST KIND OF STATING MY POSITION.
UM, MY MOTHER STILL OWNS THAT HOUSE.
UM, WE ARE STRUGGLING TO KEEP IT UP.
UH, IT'S IN, IT'S BEEN LIVED IN SINCE IT WAS SAYS IT WAS NEW.
UH, MY NIECE STILL LIVES THERE.
UM, BUT REPAIR BILLS ARE OUTRAGEOUS.
UTILITY BILLS ARE OUTRAGEOUS AND AT THE RIGHT TIME WE WILL DEMOLISH THE HOUSE AND TEAR IT DOWN AND BUILD SOMETHING NEW.
UM, THAT'S JUST THE WAY YOU HAVE TO, WITH THESE OLDER HOUSES, YOU CAN'T GO IN, IT'S GOT ASBESTOS SIDING, IT'S GOT ASBESTOS TILES, IT'S GOT LED PAINT, IT'S GOT CLOTH WIRING, UM, THE COST TO COME IN AND REHAB THAT HOUSE WOULD FAR OUTWEIGH THE VALUE OF THE HOUSE.
AND IT'S WORTH A WHOLE LOT MORE AS DID I TEAR DOWN AND A NEW HOUSE.
AND AGAIN, WE WERE, IT WAS BUILT IN THE FIFTIES.
UM, WHAT MAKES THE CHARACTER OF THE NEIGHBORHOOD I GREW UP IN IS NOT THE HOMES, BUT AT THE PEOPLE THAT LIVE THERE, UM, AND HAVING, UH, THEY CAN HOUSE WITH NO ONE LIVING THERE IS DESTROYING THE CHARACTER MORE THAN TRYING TO DESIGNATE A STRUCTURE TO KEEP THE STRUCTURE THERE.
UM, YOU CAN'T HAVE A CHARACTER OF NO ONE'S LIVING IN THE HOUSE.
UM, I DON'T SEE HOW YOU PUT ABRAHAM BY HAVING A BACON HOUSE SITTING TOGETHER.
UM, AND THE HOUSE HAD BEEN VACANT FOR FIVE YEARS.
UM, AND SO I ASKED, THAT'S KIND OF WHAT MY POSITION IS.
I HAVE A REALLY HARD TIME THE CITY COMING IN AND ZONING A NEIGHBORHOOD AGAINST AN A HOMEOWNER'S WISH.
UH, AND IT GETS A LOT OF OTHER PEOPLE'S DESIRES AND WISHES AND NEIGHBORHOOD.
YOU HAVE A LOT OF PEOPLE IN THE NEIGHBORHOOD ARE OPPOSED TO THE ZONING.
UH, AND SO IT'S NOT ONE PERSON OPPOSED TO IT.
WE'VE HEARD FROM NEXT DOOR NEIGHBORS ACROSS THE STREET, NEIGHBORS, A LOT OF PEOPLE IN THE NEIGHBORHOOD OPPOSED TO A SPOT ZONING.
AND I HAVE A PROBLEM WITH SPOT ZONING.
THIS COMMISSION HAS ALWAYS HAD A PROBLEM WITH SPOT ZONING.
AND NOW WE'RE LOOKING TO SAY, HEY, WE WANT A SPOT ZONING IN THIS CASE.
DINKLER I DON'T WANT TO BELABOR THIS BECAUSE I THINK THIS IS A TOUGH CASE WHEN YOU HAVE A APPLICANT WHO DOESN'T WANT IT ZONED OVER HIS OBJECTION.
[02:50:01]
UH, AGREED WITH BLAKE.TALLAGHT WHEN THE HISTORIC COMMISSION WANTED TO REZONE A PROPERTY AT RED RIVER OVER THE OWNER'S OBJECTION, CAUSE HE WANTED TO, UH, SELL THE HOME FOR HIS RETIREMENT.
WHAT MAKES THIS ONE A LITTLE BIT DIFFERENT FOR ME IS I'M THE OWNER I'VE HAD TO HAVE KNOWN WHAT HE WAS GETTING INTO THROUGH OWNING TWENTY-FIVE 10 BEING NOTICED OF IT, HAVING THE HOME ALREADY, YOU KNOW, UH, A AGREEMENT BETWEEN THE PREVIOUS OWNER SAYING I'M GOING TO DO A PARTIAL.
UM, THAT'S WHAT MAKES THIS ONE DIFFERENT.
I CAN UNDERSTAND WHY THE IMMEDIATE NEIGHBORS ARE UP IN ARMS BECAUSE OF A NATIONAL, UM, HISTORIC DESIGNATION WHERE THEY WEREN'T TALKED TO, THEY MAY HAVE CONCERNS.
THIS IS GOING TO HAPPEN TO THEM, BUT ALL I CAN DO IS ACT ON THE ONE CASE THAT'S BEFORE US AND I AM ACTING ON THE ASSUMPTION THAT THIS IS THE BEST EXAMPLE.
I DON'T SEE VOTING FOR ANY ONE OF THE OTHERS BECAUSE OF THE TESTIMONY I'VE HEARD ON BOTH SIDES SAYING, THIS IS THE BEST EXAMPLE I DO THINK WE HAVE TO ACKNOWLEDGE IT WAS DONE BY FRED DAY.
AND I THINK THERE IS SOME SYMBOLISM OF THE COLLABORATION, THE INNOVATION, THE AFFORDABILITY ARGUMENTS, AND IN TERMS OF THE COST.
WELL, I'VE LIVED IN FIFTIES HOMES AND I'VE LIVED IN SIXTIES HOMES AND I HAVE DEALT WITH THIS BESTOS.
I HAVE HAD TO FIX MY FOUNDATION.
I HAVE HAD TO ADDRESS A COPPER WIRING AND ONE HOUSE I'VE HAD TO ADDRESS ALUMINUM WIRING IN ANOTHER HOUSE.
UH, THE, UH, IN THIS FESTUS WAS ACTUALLY IN A WORK SITUATION.
THE, I THINK SOLUTION IS THE COMPROMISE WHERE YOU SAY PRESERVE THAT FACADE AND YOU CAN ADD ONTO THE BACK.
THIS IS A 1200 SQUARE FOOT HOME.
AND I'VE SEEN EXAMPLES WHERE A STORE LANDMARK PROPERTIES, THEY BUILT ON ENOUGH ADDITION TO THE BACK THAT THEY'VE GOT A 3000 SQUARE FOOT HOME.
AND IN THIS AREA THAT THIS 1200 SQUARE FOOT HOME IT'S VALUED OVER 500,000 IS PROBABLY GOING TO GO FOR OVER A MILLION.
AND I THINK IT'S PRETTY MARKETABLE.
UM, IF MR. CORRIGAN, THIS ENDS UP DECIDING TO LIVE IN 25, 10 OR 25 0 2, IT, HIS RESELL WOULD BE EXCELLENT.
CAUSE I DO THINK THERE'S A MARKET FOR PEOPLE WHO WANT TO BUY A STORE PROPERTIES AND GET THE TAX BREAK OF WHAT A THIRD OR MAYBE HALF.
THE TESTIMONY REALLY IS CLOSED.
SO I HAVE TO BE THE HARD LINER.
YOU'VE INDICATED YOU WANTED TO STAY THERE.
SO THAT'S WHERE I'M COMING FROM.
UM, I DON'T KNOW IF THERE'S ANY OTHER DISCUSSION, I THINK GIVEN THE DIFFICULTY OF THIS CASE, BECAUSE IT HAS, THE RHETORIC HAS AMPLIFIED THE VIEWPOINTS OF AMPLIFIED TO REAL LOCKED IN POSITIONS, WHICH I THINK IS VERY UNFORTUNATE.
UM, BUT I'M THINKING I'M HEADING IN A SLIGHTLY DIFFERENT DIRECTION THAN YOUR IS MORE OF A COMPROMISED POSITION.
SO I DON'T KNOW IF ANYONE ELSE SAYS COMMENTS CHAIR.
I SEE YOU COMMISSIONER THOMPSON AND THEN COMMISSIONER GREENBERG.
I JUST, I WANTED TO MAKE A FEW COMMENTS JUST AS WE'RE SHARING OUR PERSPECTIVES HERE.
I DO HAVE A LOT OF EMPATHY FOR THIS, UH, PROPERTY OWNER AND HE, UH, THE CHALLENGE AND DIFFICULTY OF THIS, I, I THINK ONE OF THE THINGS THAT, UM, I'D LIKE TO SAY TO THE PROPERTY OWNER AND OTHER NEIGHBORS IS THAT THIS COMMISSION IS TASKED WITH THINKING ABOUT THE ENTIRE CITY AND THINKING ABOUT OUR CITYWIDE GOALS AND VALUES.
AND, UM, YOU KNOW, WE'VE REFERENCED THE IMAGINE AUSTIN PLAN, EVERY SINGLE CASE, AND THESE, THESE RARE GEMS OF THIS WAS QUOTED, UM, AND DESCRIBING THIS PROPERTY, WE ARE, WE ARE ASKED TO CONSIDER, UM, NOT JUST THIS COMMISSION, BUT, UM, ALL OF US THAT ARE SUPPORTING, IMAGINE AUSTIN ARE ASKED TO CONSIDER WHAT WE CAN DO TO, TO, UM, PRESERVE AND PROTECT THESE IMPORTANT CULTURAL PLACES.
AND I JUST WANTED TO SPEAK TO, UH, MY FIRST, UH, EXPERIENCE WITH THIS, UH, THE, THE AIR CONDITIONED VILLAGE WAS ON A PRESERVATION AUSTIN TOUR.
THEY DID A DRIVING TOUR AND MADE
[02:55:01]
IT PUBLIC, I THINK, 2017, SOMETHING LIKE THAT.AND I WAS JUST REALLY SURPRISED, BUT I JUST WANTED TO POINT OUT THIS IS ONE PIECE OF AN ENTIRE AREA OF AUSTIN THAT HAS A REALLY UNIQUE CHARACTER THAT IS BEING DEMOLISHED AS WE CHANGE INTO A DIFFERENT KIND OF CITY AND RIGHT ACROSS THE STREET, WE LOST, UM, FRISCO RESTAURANT WAS DEMOLISHED WITHOUT A PERMIT.
UM, YOU KNOW, I'VE, I'VE OWNED A HOUSE WHERE WE'VE SEEN CLOSE TO 20% OF HOMES DEMOLISHED BUILT BEFORE 1950, THAT'S HAPPENING EVERY DAY, ALL OVER AUSTIN.
AND THOSE ARE CHOICES WE'RE MAKING TO S TO SORT OF, UH, SUPPORT OTHER VALUES ABOUT, ABOUT HOUSING NUMBERS AND, AND OTHER VALUES.
BUT I JUST, I JUST WANT TO POINT OUT THAT THIS IS, UH, A BIGGER PICTURE, WHICH MAKES IT A DIFFICULT DECISION BECAUSE IT, I VERY MUCH RESPECT THE PROPERTY RIGHTS OF THIS OWNER, BUT ALSO FEEL TASKED WITH THINKING ABOUT THE BROADER VALUES OF THE CITY OF AUSTIN AND, UM, THE STORY THAT THIS PROPERTY TELLS AND THE STORY THAT THIS, THIS PART OF TOWN TELLS ABOUT ABOUT THE CITY.
AND SO, UM, JUST WANTED TO POINT THAT OUT AND, YOU KNOW, ZOOM OUT A LITTLE BIT, CAUSE WE HEARD A LOT FROM THE NEIGHBORS, BUT REALLY DIDN'T HEAR FROM ANYONE TALKING ABOUT, UM, THE IMPORTANCE OF THIS PERIOD OF TIME FOR THE CITY'S DEVELOPMENT AND THE CREATION OF THE CHARACTER AND CULTURE OF THIS PLACE.
THANK YOU, COMMISSIONER AND COMMISSIONER GREENBERG.
UM, I DON'T THINK THIS IS A DIFFICULT CASE.
THE LANDMARK COMMISSION VOTED UNANIMOUSLY, UM, TO SAY THAT THIS PROPERTY MEETS THE CRITERIA FOR HISTORIC ZONING.
UM, THE STAFF HAS EXPLAINED TO US HOW IT MEETS THE CRITERIA FOR HISTORIC ZONING.
THE ISSUE OF OWNER OPPOSITION IS REALLY THE COUNSEL'S ISSUE.
OURS IS TO SAY, IS THIS THE APPROPRIATE ZONING FOR THIS PROPERTY? AND I BELIEVE THE H IS APPROPRIATE BECAUSE THIS HAS NOT JUST IMPORTANCE TO AUSTIN.
AND IT'S REALLY CULTURALLY SIGNIFICANT NATIONALLY.
I MEAN THE WHOLE DEVELOPMENT OF THE SOUTH AND THE SOUTHWEST DEPENDED ON AIR CONDITIONING IN THIS EXPERIMENT.
UM, SO I WOULD MAKE THE MOTION THAT WE APPROVE THE STAFF RECOMMENDATION FOR HISTORIC ZONING, THAT MOTION SECONDED BY COMMISSIONER THOMPSON, ANY FURTHER DISCUSSION QUESTIONS.
QUICK QUESTION IS THE MAKER OF THE MOTION AND THE SECONDER ASKING FOR JUST PRESERVING THE FACADE AT THE FRONT AND ALLOWING ADDITION IN THE BACK, OR IS IT YOU'RE LOOKING FOR STRAIGHT UP DESIGNATION.
I LIVE ON A BLOCK WHICH HAS TWO HOMES THAT ARE HISTORICALLY DESIGNATED, BOTH HAVE SIGNIFICANT ADDITIONS THAT MORE THAN DOUBLE THE SIZE, AT LEAST OF ONE OF THEM.
UM, I'M JUST VOTING RECOMMENDING HISTORIC ZONING AND NOT SPECIFYING.
WHAT IS THE JOB OF THE, UM, LANDMARK COMMISSION WHEN THEY LOOK AT CERTIFICATES OF APPROPRIATENESS, JUST HISTORIC ZONING, WHICH DOES ALLOW WHAT I'VE SEEN SIGNIFICANT CHANGES IN ADDITION, BUT NOT TO THE FRONT FACADE, BUT WE DON'T HAVE TO SAY WE'RE ONLY STAYING PRESERVE THE FRONT FACADE THAT'S FOR THE LANDMARK COMMISSION.
AND I, I AGREE WITH THAT AND I HAVE SEEN EXAMPLES OF WHERE SECOND STORIES HAVE BEEN ADDED AND IT'S NOT A DETRIMENT.
AND ALSO I ACTUALLY WANT TO THANK THE PEOPLE WHO INCLUDED THE BACKUP BECAUSE I REALLY LEARNED A LOT.
AND I EVEN, UM, LEARNED MORE ABOUT SOME SIMILAR HOMES KIND OF IN CALIFORNIA, BUT LEARN THAT THIS WAS A REALLY UNIQUE PROJECT WHERE THEY HAD 22 HOMES BECAUSE THEY WANTED TO SEE THE IMPACT OF AIR CONDITIONING ON PEOPLE.
AND WHETHER DIETS CHILDREN'S DIETS IMPROVED, WHETHER PEOPLE SLEPT LONGER AND IT WAS TIED TO THE UNIVERSITY OF TEXAS.
AND I THOUGHT, WOW, YOU KNOW, I, THIS IS SOMETHING I NEVER KNEW.
AND I REALIZED THAT THIS IS, YOU KNOW, THIS IS ONE WAY THAT AUSTIN BECAME THE INNOVATIVE HUB THAT IT IS RIGHT NOW.
AND ALSO IT DOES TELL THE STORY OF HOW MIGRATION THAT WE'VE ENDED UP WITH A SERIOUS PROBLEM HERE, BECAUSE EVERYBODY WANTS TO MOVE HERE AND THEY WANT TO MOVE HERE BECAUSE WE HAVE AIR CONDITIONING.
AND SO YES, THAT HANK DOES ACCOUNT CAUSE HE'S BEEN HERE.
I MEAN, THEY DIDN'T STUDY YOUR FAMILY GROWING UP, BUT IT WAS REALLY, IT WAS REALLY SOMETHING.
OR MAYBE THEY DIDN'T, YOU DIDN'T KNOW ABOUT IT, BUT IT
[03:00:01]
WAS IN THIS AREA AND THAT'S, AND ALSO I THINK IT'S REALLY GREAT THAT IT WAS LOWER INCOME PEOPLE, YOU KNOW, MIDDLE-CLASS NOT, I AM KIND OF TIRED OF SEEING RICH PEOPLE'S HOMES BEING PUT UP FOR HISTORIC ZONING.I'M SORRY, BUT I MEAN
SO I'M REALLY GLAD ABOUT THAT.
SO, UM, I'M TALKING SO, AND I DON'T APPRECIATE YOU TRYING TO INTERRUPT ME SO ANYWAY, BUT THANK YOU.
UM, SO I THINK IT WAS, IT'S BEEN A REALLY INTERESTING CASE AND I APPRECIATE BEING EDUCATED.
I'M GONNA GO AHEAD AND CALL THE QUESTION, ALL THOSE IN FAVOR OF THE MOTION ON THE TABLE, PLEASE RAISE YOUR HAND AND THOSE OPPOSED.
SO, AND I'M GOING TO ABSTAIN AND ANY OTHERS ABSTAINING COMMISSIONER WOODY AND I ARE ABSTAINING.
SO FOR THE RECORD, IT IS GREENBERG DINKLER KIELBASA, THOMPSON, AND KING VOTING FOR, UH, KOSTA AND SMITH AGAINST AND WOODY AND I ARE ABSTAINING.
MOOSE ORDERS, NO RECOMMENDATION TO COUNCIL.
LET'S GO ON TO B WHEREVER YOU BE.
I THOUGHT IT WAS A GOOD DISCUSSION.
I DON'T GET, I DON'T GET PAID FOR THIS.
DO YOU WANT TO TAKE A FIVE MINUTE BREAK BE BACK AT, UM, I APOLOGIZE, MS. BENNETT AND MR. BEATTY, BUT I THINK WE'RE GOING TO TAKE A LITTLE, UH, CAN Y'ALL HANG FIVE MORE MINUTES AND WE WILL JUST GO AS FAST AS WE CAN.
SO DO WE NEED A MOTION FOR TAKING A BREAK OR WE JUST TAKE A BREAK? OKAY.
WE WILL BE BACK AT IT'S NINE, 13.
WHEN YOU HAVE AN OBJECTIVE, IT'S TOUGH.
SO I'M GOING TO GO AHEAD AND MOVE ON.
WE HAVE SOME FOLKS THAT AREN'T QUITE BACK ON THE DIETS, BUT THEY'RE COMING.
[Items B10 & B11]
KEY DUKE.WHERE ARE WE BE 10 AND 11 TOGETHER.
AND WE WILL NEED TO MAKE SEPARATE ACTIONS ON THE TWO ITEMS. AND I BELIEVE STAFF IS MS. BENNETT.
I'M WITH THE SUBDIVISION REVIEW TEAM FOR THE DEVELOPMENT SERVICES DEPARTMENT.
I'M THE CASE MANAGER FOR, UM, THESE TWO CASES AND THIS PROPERTY IS LOCATED IN THE ETJ WESTERN TRAVIS COUNTY, UM, GOING, UM, WEST ON BEHAVES ROAD.
UM, IT INVOLVES A REPLAT OF A ONE LOT SUBDIVISION THAT WAS PLANTED BACK IN 1977 AS ONE LOT ON 7.66 ACRES AND THE CURRENT PROPERTY OWNER WISHES TO VACATE THAT OLDER PLAT.
AND REPLAT IT AS FIVE NEW SINGLE FAMILY, LOTS EACH OVER AN ACRE, AN AREA.
UM, SO THIS REQUEST FOR THE PLAT FICATION, UM, THE STAFF IS RECOMMENDING TO APPROVE WITH CONDITIONS.
THE CONDITION BEING THAT THE REPLAT IS THEN A, IS FIRST APPROVED.
THE PLAT VACATION WOULD NOT BE RECORDED WITH THE COUNTY UNTIL THE REPLAT IS APPROVED BY STAFF.
UM, PLANT VACATIONS ARE NOT SUBJECT TO THE HOUSE BILL 31 67, BUT THE REPLANT IS SUBJECT TO IT.
SO THE PLANT VACATION, YOU CAN ONLY TAKE ACTION ON IT ONCE.
WHEREAS THE REPLAT, YOU CAN TAKE ACTION ON IT AT A LATER TIME.
SO WITH THE REPLAT, WE'RE RECOMMENDING A DISAPPROVAL FOR REASONS.
UM, AND THE REASONS ARE IN THE ATTACHED COMMENT REPORT FROM STAFF, UM, AND IT SHOULD BE NOTED THAT THIS IS A JOINT CITY OF AUSTIN AND TRAVIS COUNTY REVIEW, UM, UNDER THE SINGLE OFFICE UNDER TITLE 30.
AND, UM, THE COUNTY TAKES THE LEAD ON DRAINAGE REVIEWS AND TRANSPORTATION.
[03:05:01]
THE LEAD ON THE REVIEW OF ISSUES SUCH AS WATER, QUALITY AND ENVIRONMENTAL.UM, SO WITH THAT, I CAN TAKE ANY QUESTIONS YOU MAY HAVE.
UM, I BELIEVE I'M NOT SURE IF THEY'RE STILL THERE, BUT, UH, I BELIEVE THE APPLICANT IS THERE TO SPEAK TONIGHT.
UM, I, I MEAN THE LANDOWNER, AND THEN I BELIEVE THERE'S A NEIGHBOR THAT IS SPEAKING IN OPPOSITION TO, UM, THE REDEVELOPMENT OF THAT PLAT, I MEAN, SORRY, THE REDEVELOPMENT OF THAT PROPERTY.
SO, UH, WE'LL BE GETTING TO WHAT THE PUBLIC HEARING WE'LL HEAR FROM, UH, COURTNEY, LIKE ON A QUARTER, MR. MCWHORTER, YOU'LL HAVE SIX MINUTES.
IT IS OKAY FOR THE APPLICANT GOING A LITTLE OUT OF ORDER TODAY.
UM, BUT I JUST WANTED TO GIVE YOU KIND OF A BRIEF OVERVIEW OF THE PROJECT.
WE HAVE A 1977 PLAT THAT WE'RE WISHING TO VACATE AS MS. BENNETT INDICATED IT IS 7.665 ACRES OUT IN THE ETJ, UM, CORN NOVAKA AREA.
UM, WHAT WE ARE INTENDING TO PROPOSE IS A REPLOT FIVE LOT SUBDIVISION EACH LOT, BEING OVER ONE ACRE IN SIZE.
UM, ONE OF THE FACTORS THAT WE'RE CONSIDERING WHAT THE REPLOT IS TAKING INTO CONSIDERATION, CURRENT CODE, ADDRESSING DRAINAGE, WATER QUALITY, ENVIRONMENTAL ISSUES ON THE SITE, UM, BRINGING THEM FROM THE SEVENTIES INTO MODERN DAY, WE WILL BE COMPLYING WITH ATLAS 14 REQUIREMENTS.
UM, WITH REGARDS TO THAT, WE HAVE APPROVAL FROM ESD.
UM, WITH REGARDS TO OUR SITE, WE ARE DOING A JOINT USE ACCESS TO LIMIT THE FLOW OF TRAFFIC.
EITHER UNDER STALLION DRIVE IS ONE AREA OF ACCESS POINT.
THE OTHER ACCESS POINT IS AWFUL OFF OF TUMBLEWEED TRAIL.
UM, LIKE I SAID, WE'RE REALLY GETTING INTO TONIGHT IS JUST ABOUT THE PLOT AND GOING INTO FROM 1977 TO CURRENT CODE, THE BULK OF THE REVIEW THEN COMES THROUGH THE SITE PLAN CONSTRUCTION PHASE, WHICH HAPPENS AFTER THE PLOT IS APPROVED.
AND SO, UM, I WELCOME ANY COMMENTS TO THAT, BUT I JUST WANTED TO LET YOU KNOW, WE HAVEN'T, UM, WE'VE HEARD THE NEIGHBORS CONCERNED ON, ON DRAINAGE AND WE ARE COGNIZANT OF THAT.
UH, I THINK THAT THOSE COMMENTS ARE PREMATURE AT THIS TIME.
WELL, I'LL HEAR FROM THE AFRICAN HAVE SIX MINUTES.
UM, THANK YOU FOR YOUR TIME AND YOUR SERVICE.
UM, MY NAME IS PAUL, CHRIS, AND I AM THE OWNER.
UM, AND, AND AS COURTNEY POINTED OUT, UM, THIS PROPERTY IS IN THE ETJ OF AUSTIN.
UM, AND YOU KNOW, THROUGH THIS PROCESS, WE'VE PUT IN A WELL OVER A YEAR OF, OF CAREFUL TIME AND CONSIDERATION, UM, AND MAKING SURE, YOU KNOW, WE'RE, WE'RE WORKING WITH THE CODE AS IT ALLOWS, UM, AND IN FILING OUR APPLICATION WITH THE CITY AND THE COUNTY.
UM, AND AS WE'VE BEEN WORKING THROUGH, UM, THIS PROCESS IN, IN PART WITH DEVELOPING THE PLAT AND UNDERSTANDING, UM, THE ENGINEERING AND THE DRAINAGE EASEMENT, EXCUSE ME, THAT NEEDS TO BE PRESENTED ALONG WITH DETENTION PONDS AND WALL WATER QUALITY AREAS THAT WILL BE PRESENTED ON THE PLOT.
AND AGAIN, AS COURTNEY POINTED OUT RIGHT NOW, WE'RE IN THE PLAT IN THE SITE PLAN, UM, AND THE SITE CONSTRUCTION PHASE IS YET TO COME ON THAT, AND WE'RE, I'M SURE THERE'LL BE SOME MORE DELIBERATION ON HOW WE'RE GOING TO MOVE WATER AND WHATNOT.
UM, BUT WE HAVE PUT A LOT OF TIME AND EFFORT INTO THAT ALREADY.
AND IT'S IN AN ENGINEER'S REPORT THAT HAS BEEN FILED WITH THE CITY AND THE COUNTY.
UM, THE THING I WANTED TO POINT OUT TOO, ON THIS PROPERTY, WE HAVE AS VERY SIGNIFICANT INTEREST IN IT AS WELL, BECAUSE NOT ONLY IS IT CAN BE A PROPERTY FOR FUTURE FAMILIES, BUT ALSO POTENTIALLY FOR MY FAMILY, WE'VE ACTUALLY DESIGNED A, A HOME THAT WE WOULD LIKE TO, TO POTENTIALLY MOVE INTO THERE AS WELL AS MY EXTENDED FAMILY.
UH, WE HAVE ANOTHER FAMILY MEMBER THAT'S ALSO LOOKING TO POTENTIALLY LIVE IN ONE OF THE LOTS, UM, BEING OR THE DESIRE TO LIVE IN CORN NOVAKA IS, IS TOO FULL.
[03:10:01]
CONNECTION WITH THE COMMUNITY.OUR KIDS GO TO SCHOOL IN AROUND THE, IN THE, IN THE, IN SCHOOL DISTRICT THERE, UM, AS WELL.
AND SO WE BELIEVE, YOU KNOW, IT WILL BE CRITICAL TO BOTH, BOTH US SAYING AND THE NEIGHBORHOOD, UM, THAT, THAT SUBDIVISION IS GOING TO BE A GREAT PLACE TO LIVE AND ALSO FUNCTIONS PROPERLY AS IT PERTAINS AGAIN, TO, TO WATER.
AND AS IT PASSES THROUGH THE PROPERTY, UM, OUR TEAM, ESPECIALLY OUR ENGINEER HAS, HAS PUT A LOT OF TIME, UH, TO ACCOUNT FOR THESE ASPECTS OF DESIGN AND FUNCTIONALITY.
AND AGAIN, WE HAVE MORE WORK TO DO AS WE UNDERSTAND THROUGH THIS PROCESS, BUT WE ARE, I AM COMMITTED TO MAKING THIS A SUBDIVISION, A WONDERFUL PLACE TO LIVE IN A WONDERFUL PART OF THE NEIGHBORHOOD.
UM, I ALSO HAVE REGISTERED A DEAN, UM, HI, I'M DEAN THOMAS CIVIL ENGINEER ON THE PROJECT, AND I JUST WANTED TO LET YOU KNOW, THE, UH, THE DISCUSSION FOR THE, UH, REJECTION WITH REASONS IS WE HAVE SOME MASTER COMMENT RE UH, COMMENTS WE NEED TO STILL ADDRESS, AND THAT'S WHY IT'S COMING BACK OFF.
UM, FURTHER ON THE, UH, THE DOWNSTREAM NEIGHBOR, MR. BASS.
WE TALKED TO HIM AT COMMISSIONERS COURT THIS MORNING.
UM, HE'S GOT SOME CONCERNS ABOUT THE DISCHARGE FROM THE SITE, AND WE'RE GOING TO DO OUR BEST TO WORK WITH STAFF AND ENSURE THERE'S NO ADVERSE IMPACT DOWNSTREAM THE BEST WE CAN.
WE'LL WORK WITH THE NEIGHBORS AS WELL TO SEE IF WE CAN SATISFY HIS CONCERNS, UH, AS WE MOVE FORWARD INTO CONSTRUCTION PLANS, UH, STAGE.
WE'LL NOW HEAR FROM MR. DANIEL BABS FOLLOWED BY MR. EUGENE CLAIBORNE.
I WAS, HE FUCKING, TO ME, THERE'S ONE SLOT I'LL PUT UP.
UM, YOU GUYS CAN GET IT IN THE, IN THE BACKUP.
I'LL JUST SPEAK TO IT BECAUSE I DON'T HAVE THAT MUCH TIME.
UH, YOU SHOULD HAVE IT IN YOUR EMAIL THAT WAS EMAILED TO YOU AND, AND WHAT I'M GOING TO SAY, SUMMARIZE AS WRITTEN.
SO I LIVE AT 4 0 1 NORTH TUMBLEWEED TRAIL.
UM, AND IF YOU LOOK AT THE CURRENT PLAT, UH, AS PLANTED, IT IDENTIFIES AND CLEARLY STATES A WATERWAY.
AND THE ISSUE THAT I HAVE IS THAT IS A WATERWAY, THE PICTURES SHOW KIND OF A TYPICAL FLOW THAT WATERWAY HAS A DRAINAGE EASEMENT, WHICH IS CURRENTLY ON MY PROPERTY.
AND ON RECORD WITH THE COUNTY, WE WENT THROUGH THE, THE PERSON THAT I PURCHASED THE PROPERTY FROM, PUT THE MEN IN, AND THERE'S A, THERE'S A HOUSE ACTUALLY, THAT'S IN THE MIDDLE OF THAT EASEMENT THAT WAS DONE BY A PREVIOUS OWNER, BUT HE WENT THROUGH THE COUNTY AND DID ALL THIS AND SAID, ALL THIS IS ON FILE.
SO PRIMARILY WHAT WE'RE SAYING IS THAT THE NEW PLAT AS PROPOSE NO LONGER CALLS, ANYTHING OF WATERWAY, IT'S NOT DELINEATED OR MARKED IN ANY NOTES.
AND IT'S REPLACED WITH DRAINAGE EASEMENTS, WHICH ARE ESSENTIALLY EFFECTIVELY OBSTRUCTING A WATERWAY BY DEFINITION.
AND AS FAR AS COMPLIANCE WITH TITLE 30, NOW, I UNDERSTAND EVERYONE'S SAYING CODE AND EVERYTHING, AND THEY GOT TO MEET IT.
I GET THAT, BUT YOU'RE KIND OF SAYING, TRUST US, THE WAY TITLE 30 READS IS THE PROVISIONS.
IT DOESN'T CARE ABOUT HB, WHATEVER THE BILL THAT YOU HAVE TO, YOU KNOW, GET THINGS DONE.
IT JUST SAYS THAT YOU NEED TO MEET CERTAIN REQUIREMENTS BEFORE YOU CAN MOVE TO THE NEXT STEP.
AND WE'VE ASKED FOR THROUGH PUBLIC INFORMATION REQUESTS, ENGINEERING REPORTS, DRAINAGE REPORTS, WHAT'S THE FLOW.
WHERE'S THE DISCHARGE BECAUSE IT'S DRAINING DIRECTLY INTO MY PROPERTY.
WE SHARE THE ENTIRE EASTERN PROPERTY LINE ON THE HJ, READ ONE, A SUBDIVISION ON THAT PLAT.
AND THAT'S, THAT'S MY CONCERN.
WE, WE VOICED EVERYTHING I'VE SAID, UM, TO MR. KRISTIN.
AND THE ISSUE IS REALLY FINDING A SOLUTION AND ASSURANCES THAT WHAT THEY'RE PUTTING IN THERE IS NOT GOING TO ADVERSELY AFFECT, INCLUDING IF I'M HAVING A PEAK FLOW EVENT.
AND YOU'RE DISCHARGING, THERE'S AN ASPHALT DRIVEWAY THAT GOES RIGHT ALONG THAT BORDER.
THAT IS PART OF THE DRAINAGE EASEMENT.
THAT'S ON RECORD WITH THE COUNTY.
YOU WILL NOT HEAR FROM MR. CLAYBORN.
GOOD EVENING COMMISSIONERS, UH, EUGENE CLAIBORNE HERE.
I'M A LEGAL COUNSEL FOR MR. BABS.
UM, WE'RE ASKING THE COURT, ASKING THE COMMISSIONERS TO DISAPPROVE THE, UH, REPLAT, UH, AND THE VACATION.
AND HERE'S WHY TWO REASONS AS, UH, MR. BAB STATED THE PLAT IS INACCURATE.
IT DOESN'T REFLECT THE WATERWAY.
AND THAT'S IMPORTANT, UH, BECAUSE, UH, WATERWAY IS A STREAM, UH, IT'S IN TITLE
[03:15:01]
30, UH, PORT 4.1, NUMBER 12, WATERWAY NEEDS WATERCOURSE DRAINAGE WAY BRANCH CREEK OR STREAM, AND THEY DON'T HAVE IT IN THERE.AND WHAT THEY DO HAVE IS WHAT 30.4 0.14 SAYS IS A DRAINAGE EASEMENT, WHICH MEANS, UH, UH, AN EASEMENT OR RIGHT AWAY FOR A DRAINAGE FACILITY.
SO THEY PUT IT ON A DETENTION POND.
SO IF IN FACT THEY'VE OBSTRUCTED THIS WATERWAY, WHICH IS CONVENIENT BECAUSE YOU JUST ERASE IT.
NOW YOU THINK ABOUT 10 YEARS FROM NOW, SOMEBODY LOOKED BACK AT THIS PLANT, THEY DON'T SEE ANY EVIDENCE OF A WATERWAY.
WHAT, WAIT, WHAT, WHY WAIT, WELL, GET RID OF IT.
YOU GET RID OF YOUR PROBLEM, BUT WE DON'T HAVE ANY EVIDENCE OF ANY APPLICATION TO ALTER THOSE BED AND BANKS FOR THAT WATERWAY.
SO THAT'S A PROBLEM WITH THAT.
IT'S THAT, UH, IT'S JUST NOT THERE.
NOW, THE OTHER PROBLEM HAS TO DO WITH, UH, SAY, SAYS WE'RE PREMATURE IN, IN, IN RAISING QUESTIONS ABOUT DRAINAGE IN DRAINAGE CALCULATIONS AND ALL THAT KIND OF THING.
WELL, I BEG TO DIFFER IN PARTICULAR.
UH, IF YOU LOOK AT TITLE 30 AND IT'S, UH, THE CRITERIA FOR APPROVAL OF DEVELOPMENT APPLICATIONS, 30.4 0.61, IT SAYS A DEVELOPMENT APPLICATION MAY NOT BE APPROVED.
THAT'S MANDATORY UNLESS, AND THEY LISTED A NUMBER OF THINGS, UH, SUCH AS, UH, DEMONSTRATE THAT, UH, THE CAPACITY FOR THE DESIGN, IT HAS SUFFICIENT CAPACITY FOR DESIGN FOR, WELL, YOU CAN'T DO THAT WITHOUT IT, RIGHT? EACH STUDY, UH, UH, WHATEVER IMPROVEMENTS YOU'RE GOING TO PUT IN THERE THAT IS STRONG ENOUGH TO RESIST EXTERNAL INTERNAL PRESSURE FROM THE WATER.
YOU CAN'T DO THAT WITHOUT A DRAINAGE STUDY.
UH, THE, THE ANOTHER EXAMPLE HERE IS THAT THE, UH, THE PROPOSED DEVELOPMENT WILL NOT RESULT IN ADDITIONAL ADVERSE FLOODING IMPACT ON THE PROPERTY.
THIS IS ALL WE'LL DEAL WITH THAT AT THE SITE CONSTRUCTION PHASE.
WELL, THIS, THIS TITLE 30 SAYS, NO, IT SAYS YOU DEAL WITH THAT NOW.
YOU KNOW, TH THE, THE FLOODING, IN OTHER WORDS, NO, WAIT FOR THE FLOOD.
DO, DO YOU FOLLOW THIS RULE? NOW, GET THOSE DRAINAGE STUDIES DONE SO THAT YOU CAN SATISFY THIS RULE.
NOW, NOT LATER, THEY WANT YOU TO, TO TRUST THEM THAT THEY'RE GOING TO DO THAT LATER.
WELL, GUESS WHAT? THE CHARACTER OF THE PROPERTY IS ALREADY CHANGED.
THEY CLEARED IT OFF ALL THE TREES OFF.
SO THERE'S ALREADY SURFACE FLOODING AND IT'S IMPACTING OUR CLIENT'S PROPERTY ALREADY.
SO IT'S JUST A MATTER OF TIME.
AND WHEN YOU START MEASURING THINGS, IF YOU WAIT TOO LONG, THEN HOW ARE YOU GOING TO CALCULATE THIS SO-CALLED SHEET FLOW? WHEN THEY LEVEL EVERYTHING OUT? THERE'S NO STREAM WHICH WITH THE WATER WOULD HAVE COLLECTED AND YOU CAN'T DO IT.
THEY GOT TO PICK SOME ARBITRARY 0.6 MONTHS FROM NOW.
SO WE ASKED YOU TO DISAPPROVE THE VACATION OF THE PLAT AND THE REPLAT.
WELL, I HERE FOR THE APPLICANT FOR A THREE MINUTE REBUTTAL UM, I'D LIKE TO SPEAK IN PART TO THE WATERWAY.
UM, AND AGAIN, WE DID HAVE OUR COMMISSION REVIEW THIS MORNING, UM, AND UNDER YOUR CURRENT CODE, AND I'M NOT, YOU KNOW, PERFECT ON ALL YOUR CODES, BECAUSE AS WE'RE, WE'RE, WE'RE GOING THROUGH THIS, WE ARE, WE ARE, UH, MAKING SURE WE'RE TALKING TO THE RIGHT PEOPLE ABOUT THAT.
UM, IT, I THINK IF IT BELIEVED THAT THE MINIMUM WATERWAY HAS TO BE 65 ACRES, UM, OF, OF, OF ACTUAL COLLECTION TO COMMIT OR TO STAY IN THAT AS A WATERWAY, WE ARE, UM, IN OUR ANALYSIS, NOT COLLECTING MORE THAN FROM 20 ACRES.
SO IT'S, IT'S NOT A WATERWAY AS DEFINED IN YOUR CODE OR IN THE CODE.
UM, SO THAT'S WHY THIS IS PROPOSED AS A DRAINAGE EASEMENT AND NOT A WATERWAY.
UM, I'D ACTUALLY LIKED MY ATTORNEY TO ADDRESS SOME OF THE OTHER ITEMS IF I MAY THANK YOU FOR MY TIME.
SO I WANT TO SPEAK AGAIN TO THAT, UM, THE COMMISSIONER'S COURT, AND WE'VE BEEN WORKING WITH THE COUNTY WITH REGARDS TO THIS WATERWAY IN 1977, THERE WAS NOT A DEFINED TERM, AND IT WAS JUST NOTED AS A WATERWAY ON THE PLAT.
UM, AT THIS TIME YOU DO IN T IN TITLE 30, HAVE A DEFINITION OF A CLASS OR A CLASSIFICATION OF WATERWAY.
UM, IT IS, UH, FOR AN, A MINOR ARTERIAL WATERWAY THAT IS 64 ACRES.
UM, THIS SITE DRAINS APPROXIMATELY 18 ACRES, DEPENDING ON WHO YOU TALK TO AT THE COUNTY.
SOME PEOPLE SAY EVEN 12 ACRES WITH REGARDS TO DRAINAGE.
WE DO HAVE COMMENTS FROM THE COUNTY ON THE DRAINAGE.
THEY HAVE LOOKED AT THIS, THERE ARE OUTSTANDING COMMENTS TO SATISFY WITH THEM, BUT AGAIN, THEY
[03:20:01]
ACTUALLY, THEY RECOMMENDED APPROVING THE REPORT OF THIS PROPERTY.AND AS YOU SAID EARLIER, COUNTY DOES ADDRESS THE DRAINAGE ISSUES.
AND SO THANK YOU THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
MOTION TO CLOSE THE PUBLIC HEARING BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER COAST, TO ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.
ARE THERE QUESTIONS? GO AHEAD, CRUSHER.
UM, I DUNNO IF THIS IS FOR THE ENGINEER OR THE ATTORNEY OR THE APPLICANT, UM, IS THERE A REASON WHY YOU DIDN'T GO DOWN THE ROUTE OF DOING A, UM, RESA AS OPPOSED TO THE VACATE AND REPLAT OKAY.
I'LL JUST THAT, FROM WHAT I UNDERSTAND, UM, THAT WAS SOMETHING THAT THE COUNTY PUSHED US TOWARDS BECAUSE THERE WERE SOME EXISTING, UM, CONDITIONS ON THE PLAT AS FAR AS, UM, SEPTIC SYSTEMS. OKAY.
SO WE HAD TO REPLAT IN ORDER, THAT WAS ORIGINALLY WHAT WE TRIED TO DO IS THIS RE SUBDIVIDE.
I WAS JUST WONDER IF THERE'S SOMETHING ON THE PLAT THAT WAS CAUSING YOU TO NOT WANT TO ADHERE TO THAT PLAN.
THERE WAS THIS SEPTIC SYSTEM, THEY, THERE WAS, THEY TRIED TO CORRECT IT AT SOME POINT.
IF YOU LOOK INTO THE BACKUP, THERE WAS EVEN A LETTER FROM THE COUNTY SAYING THE NOTE ON THE PLATTE IS VERY CONFUSING AS IT RELATES TO SEPTIC, AND THEY TRY TO CLARIFY THAT.
SO WHAT THEY'RE ATTEMPTING TO DO BY DOING THE VACATE AND REPLAT IS IT JUST GET RID OF ALL THAT LANGUAGE, BRING EVERYTHING UP TO CURRENT CODE, RIGHT.
AND WE ARE, YOU KNOW, WE ARE COMMITTED TO BRINGING EVERYTHING TO CURRENT CODE AND THE CLIENT DOES SHOW A DRAINAGE EASEMENT.
THAT'S ADJACENT TO, UM, THE EASEMENT ON MR. REED'S PROPERTY.
THAT IS SHOWN ON YOUR PLAT, CORRECT? IT IS.
I WAS JUST, THAT WAS MY ONLY QUESTION ABOUT THAT.
I MEAN, OTHER QUESTIONS, COMMISSIONER DINKLER GO AHEAD.
UM, WELL I SAID, OKAY,
UM, MS. BENNETT, BOTH B 10 AND B 11, B 10 SAYS LISTED ON THE COMMENT REPORT DATED MARCH 9TH AND ATTACHED AS EXHIBIT C.
UM, AND B 11 ALSO SAYS LISTED ON THE COMMENT REPORT DATED MARCH, I THINK 23RD AND ATTACHED AS EXHIBIT C.
THE REPORTS ARE THERE IN OUR BACKUP, BUT NEITHER ONE ACTUALLY SAYS EXHIBIT C, WHICH I FIND A LITTLE CONFUSING, BUT, UM, MORE TO THE POINT, THESE AREN'T CASES WHERE WE HAVE ANY DISCRETION TO DO ANYTHING IS THAT, UM, I, IF LEGAL IS ON THE PHONE, PERHAPS THEY CAN CLARIFY, BUT I BELIEVE THE PLAT VACATION IS DISCRETIONARY.
AND, UM, BUT YOU CAN ONLY CONSIDER IT ONCE.
SO WE ARE RECOMMENDING APPROVED WITH THE CONDITION THAT THE REPLAT IS LATER, UM, APPROVED THAT THE PLAT VACATION WOULD NOT BE RECORDED UNTIL THE REPLAT WAS APPROVED.
UM, AND IT'S, I BELIEVE THERE, THERE IS AN OPTION TO POSTPONE IF YOU WOULD LIKE TO POSTPONE IT, TO HEAR IT AGAIN, WHEN STAFF IS READY TO COME FORTH WITH, UM, A RECOMMENDATION TO APPROVE WITH CONDITIONS, I THOUGHT IT DID SAY APPROVE WITH CONDITIONS.
LET ME, IF, IF I CAN, THERE'S, THERE'S KIND OF TWO WAYS WE COULD GO WITH THIS AS I SEE IT AND CORRECT ME, IF I'M INCORRECT STAFF, WE COULD APPROVE THE VACATION WITH THE CONDITION THAT THEY'RE VACATED PLAT AND NOT BE RECORDED UNTIL SUCH TIME AS THE SUBDIVISION IS APPROVED, OR WHICH IS KIND OF THE WAY I'M LEANING IS TO POSTPONE THE VACATION AND BRING IT BACK TO US.
BOTH WITH BOTH THE RESUB AND THE VACATION AT THE SAME TIME.
YES, I CAN DO EITHER OF THOSE, TO ME THAT MAKES MORE SENSE TO COME BACK.
AND THAT WAY WE'RE NOT APPROVING A VACATION, BUT SAYING, HOLD THE PLAT IN YOUR HANDS AND PUT IT ON YOUR DESK AND DON'T RECORD IT.
UM, UNTIL YOU BRING THE SUBDIVISION BACK THAT WAY, WHEN THE SUBDIVISION COMES BACK TO US, THEY'VE ADDRESSED THE DRAINAGE ISSUES.
THAT'S ALL BEEN LOOKED AT AND ADDRESSED.
AND THEN WE, WE KNOW THOSE ANSWERS AND THEN WE CAN SAY, OKAY, NOW I'M READY TO VACATE THE PLAT AND APPROVE THE RESALE AT THE SAME TIME.
DOES IT NEED TO BE ONE MOTION OR TWO? MAYBE TWO MOTIONS.
SO WHAT ABOUT THE COMMENT ON OUR PROPOSED AGENDA THAT SAYS THE SHOT CLOCK? TH WE
[03:25:01]
HAVE TO DO SOMETHING WITH WE CAN'T ONE THING WE COULDN'T, WELL, WE COULD, IF WE WERE TO COME IN AND SAY, I WANT TO JUST POSTPONE THE REPLAT.I DON'T WANT TO, I DON'T WANT TO DEAL WITH THAT TONIGHT.
IF WE POSTPONE THE REPLAT, IT WOULD BECOME STATUTORILY APPROVED SHOCK APPLIES.
WE HAVE TO DISAPPROVE OR APPROVE WITH CONDITIONS.
MY RECOMMENDATION IS ALL STAFFS AND DISAPPROVED WITH REASONS THAT WAY, THE SHOT CLOCK RESETS, UM, AND THEN THE PLANT VACATION, YOU CAN APPROVE IT IN HOLDING THEM IN AN ABEYANCE, WHICH IS KIND OF AWKWARD.
I'D RATHER JUST SAY POSTPONE THAT UNTIL SUCH TIME IN THE FUTURE.
WHEN THE SUBDIVISION IS READY TO COME BACK TO US AND IT'S READY FOR APPROVAL AND ALL THE QUESTIONS HAVE BEEN ADDRESSED AND WE'RE ALL COMFORTABLE AT THAT POINT, IT WOULD HAVE TO BE INTERESTING.
WELL, I WOULDN'T ASK TO BE BROUGHT BACK IF THEY DON'T, IF THEY WANT TO DROP THE WHOLE THING AND NOT MOVE FORWARD, THEN THEY CAN DROP THE WHOLE THING AND NOT MOVE FORWARD.
I DON'T THINK IT'S GOING TO HAPPEN.
UM, THAT WOULD GIVE THEM THE OPTION OF SAYING WE'RE NOT GONNA DO ANYTHING.
SO I GUESS THE FIRST MOTION WOULD BE TO DENY THE PLAT VACATION OR TO POSTPONE THE PA THE PLAT VACATION UNTIL SUCH TIME IS THE SUBDIVISION IS READY FOR APPROVAL.
THAT WILL BE ONE STANDALONE MOTION SECOND.
ANY DISCUSSION ON THAT ITEM? ANY ISSUE STAFF DIDN'T SEEM TO HAVE ANY ISSUES, SO, OKAY.
SO I'LL ALL THOSE IN FAVOR OF POSTPONING BEATEN UNTIL SUCH TIME AS THE, IS THAT ALLOWED? WE CAN JUST SAY A DATE.
YOU STARTED TALKING ABOUT YOU, YOU JUST DO IT INDEFINITELY UNTIL SOMETHING ELSE.
SO WE'RE SAYING POSTPONE UNTIL THEY CLEAR THE COMMENTS B 11, B 11.
ALL THOSE IN FAVOR OF THAT MOTION.
AND THEN THE NEXT MOTION WOULD BE TO DISAPPROVE THE REPLAT FOR THE REASONS BASED AND EXHIBIT C.
AND I AGREE WITH YOU THAT IN OUR BACKUP, IT WAS HARD TO FIND IT'S HARD.
AND I KNOW WHAT EXHIBIT C IS I, WHAT I'M LOOKING FOR, BUT AS THE STAFF COMMENTS AS WOULD BE AN EXHIBIT C, I THINK THAT SHOULD COVER IT.
THAT HELPS THAT THOSE WERE LISTED AS EXHIBIT C WITH THE BIG, BOLD ON THE TOP.
WHO WANTS TO SECOND THAT SECONDED BY KIELBASA? ALL THOSE IN FAVOR OF, UM, DISAPPROVAL FOR REASONS AS SHOWN BY STAFF AND THOSE OPPOSED AND ABSTENTION.
I'VE BEEN LIVING THIS FOR 40 YEARS, SO THANK YOU VERY MUCH.
[C1. Discussion and possible action concerning the restrictive covenant associated with rezoning case C14-2018-0124 - River Place for the property located on Milky Way Drive. (Sponsors: Commissioners Greenberg and Smith)]
SO NOW WE'RE GONNA MOVE ON TO C ONE ITEMS FROM THE COMMISSION.I THINK WE SHOULD EXTEND THE TIME TILL 10 30, 10 30.
MOTION TO EXTEND THE TIME TO 10 30.
IS THERE A SECOND SECONDED FROM DANCLER? UH, ALL THOSE IN FAVOR OF EXTENDING OUR MEETING UNTIL 10 30.
IS THERE A STAFF PRESENTATION FOR
THERE WAS A GREAT MEMO IN THE BACKUP FROM OUR ATTORNEY BACK IN SAY JUST A FEW WORDS AND I'M PROBABLY GOING TO EXCUSE MYSELF AND GO HOME.
UM, I SECONDED THE MOTION AND THAT WASN'T A MOTION MADE THE MOTION.
UM, NO, I WAS THE NUMBER TWO PERSON.
I DON'T REMEMBER HOW ANDREW I CO-SPONSORED THE ITEM.
UM, MY MAIN CONCERN, MY MAIN REASON FOR CO-SPONSORING IT WAS A, WELL, I WANTED TO HEAR FROM THE CITY STAFF AS TO WHAT WAS GOING ON.
UH, CAUSE WE HAD ABSOLUTELY NO BACKGROUND INFORMATION.
I REVIEWED THE MEMO FROM THE ATTORNEY.
I COMPARED THAT TO THE BACKUP THAT WAS IN THE CITY COUNCIL AGENDAS AND SO FORTH AND IT ALL MATCHED UP AND IT LOOKS VERY GOOD.
I'M NOT GOING TO TRY TO DETERMINE WHETHER OR NOT THE STAFF'S MEMO WAS CORRECT OR NOT, BUT I'M GOING TO GO ABOUT THE FACT THAT THE STAFF'S MEMO ACCURATELY ADDRESSED ALL THE ISSUES AND ALL THE CONCERNS AND THEY'RE COMFORTABLE WITH THE WAY THE PROJECT IS PROCEEDING.
IT'S NOT APPROVABLE, BUT IT'S STILL GOT SOME THINGS TO GET DONE.
UM, BUT BASED ON WHERE THEY'RE AT NOW, I'M COMFORTABLE WITH WHAT STAFF PUT IN THEIR MEMO AS EXPLAINING THE SITUATION THAT NOBODY DID ANYTHING ILLEGAL OR WRONG OR INCORRECT.
UH, THERE'S STILL STUFF THAT NEEDS TO BE DONE.
UM, BUT WHAT THEY'VE DONE SO FAR SEEMS TO BE DONE CORRECTLY PER STAFF LEGAL MEMO.
AND THAT'S WHAT I'M GOING OFF OF.
I'M NOT GONNA TRY TO PLAY ATTORNEY.
SO THAT'S KIND OF WHERE I'M AT WITH THIS.
SO MY WHOLE ILLS, I WANTED TO FIND OUT WHAT HAPPENED.
[03:30:01]
OUT WHAT HAPPENED AND I'M COMFORTABLE WITH THAT, SO.Y'ALL STILL HAVE A QUORUM, SO THANK YOU.
I'M NOT LEAVING FOR ANY REASON OTHER THAN I'M JUST, OKAY.
SO WE DO HAVE SOME SPEAKERS, RIGHT.
UM, SO DO WE WANT TO TAKE, OR YES.
SO LET ME LOOK AT, I KNOW, THANK YOU.
THE COMMISSION LAYS ON ANNIVERSARY.
W FIRST OF ALL, HEAR FROM MS. JENNIFER, MICHELLE.
AND THEN DO YOU WANT TO SAY WHO'S ON DECK SO THAT KNOW ALRIGHT.
SEVENTH INNING STRETCH, RIGHT? NO HOBBIES GO.
AND, UM, COMMISSIONER SMITH, IF YOU CAN HANG ON A LITTLE BIT, I THINK WE MIGHT SHOW YOU A LITTLE DIFFERENTLY THAN WEIGHT.
THANK YOU FOR GRANTING US THE OPPORTUNITY TO EXPRESS OUR SIGNIFICANT CONCERNS, UH, REGARDING THE PROCESS AND IRREGULARITIES PERTAINING TO THE ZONING CASE C 14 TO 18 0 1, 2, 4, OTHERWISE KNOWN AS THE MILESTONE DEVELOPMENT, AS YOU ARE AWARE, THE CASE WAS COMPLEX AT TIMES CONTENTIOUS, BUT ULTIMATELY IT ENTAILED A COMPROMISE THAT IN THE WORDS OF MAYOR ADLER QUOTE IS ONE OF THOSE TIMES BECAUSE IT'S WILDFIRE DISTINCTIONS NEED TO BE MADE.
THOSE ARE FROM THE TRANSCRIPTS.
I HAVE ALL THE TRANSCRIPTS TO BE COURTEOUS OF YOUR TIME.
WE HAVE ORGANIZED THE VOICES IN THE FORM OF LETTERS THAT YOU HAVE IN YOUR BACKUP MATERIAL AND SPECIFIC ASPECTS, EACH UNIQUE TO BE COVERED BY EACH OF OUR SPEAKERS.
EACH OF WHICH RAISES THE ISSUE OF MAYBE THE POTENTIAL OF AN OVERREACH.
UH, I WANT TO GO SO FAR AS TO SAY BAD FAITH BY JUST A FEW IN CITY STAFF AND MILESTONE, BUT THE RESULT OF WHICH IS THE EFFECTIVE RELEASE OF MATERIAL COMPROMISES THAT WERE AGREED TO AS CONDITIONS FOR THE DEVELOPMENT TO PROTECT THE PUBLIC SAFETY.
THE FIRST ISSUE WE'LL TOUCH ON IS WHAT WE BELIEVE WAS AN IMPROPER UNILATERAL MODIFICATION OF A SIGNED RECORDED RESTRICTIVE COVENANT.
THE MATERIAL OF THE RESTRICTIVE COVENANT WAS EXTENSIVELY DISCUSSED AND DEBATED BY COUNCIL AND THE SUBSTANCE AND FINAL INTENT IS VERY CLEAR FROM READING THE TRANSCRIPTS THAT TOOK PLACE.
THE SECOND ISSUE WE WILL TOUCH ON IS A RESTRICTIVE COVENANT GOVERNING THE JOINT USE DRIVEWAY WITH THE AUSTIN CHRISTIAN FELLOWSHIP THAT REQUIRES THAT THE AUSTIN CHRISTIAN FELLOWSHIP OBTAINED PRIOR WRITTEN CONSENT OF THE RIVER PLACE, HOA TO USE THE DRIVEWAY ACCESS TO RIVER PLACE BOULEVARD.
WE DO NOT KNOW HOW MILESTONE CAN SATISFY ITS FIRST OBLIGATION UNDER THE, UM, CONDITIONAL OVERLAY TO OBTAIN AN ALTERNATE EMERGENCY EGRESS AS REQUIRED BY THE ORDINANCE, BUT TO DATE NEITHER THE RIVER PLACE, HOA NOR THE LEANDER ISD BOARD OF TRUSTEES HAS BEEN CONTACTED OR CONSENTED TO THE USE OF THE DRIVEWAY.
THE THIRD ISSUE WE WILL TOUCH ON IS THE REQUIREMENT PER THE FINALIZED ORDINANCE TO CONDUCT A NEW TRIP COUNT AT THE TIME OF SITE PLAN, THE CIRCUMVENTION BITE, JUST A FEW.
I HAVE GREAT RESPECT FOR OUR CITY STAFF AND WHAT THEY DO, AND WE WORK WITH THEM A LOT.
I KNOW A LOT OF PEOPLE PUT A LOT OF HARD TIME AND EFFORT IN THESE THINGS AND IT, IT MAY NOT BE DELIBERATE.
SO I'M NOT ACCUSING ANYBODY OF THAT, BUT THE CIRCUMVENTION OF THE PROCESS BY SOME AND BY MILESTONE OF OUR DEMOCRATIC PROCESS AND OVERSIGHT, THAT IS ACTUALLY CONTRARY TO THE TERMS OF THE ORDINANCES, THE CONDITIONAL OVERLAY AND THE RESTRICTIVE COVENANTS IS THAT'S NOT, THAT'S NOT APPROPRIATE WHILE SOME ON OUR CITY STAFF AND MILESTONE MAY FEEL THAT THEY HAD THE RIGHTS UNDER TEXAS LAW.
WE BELIEVE THAT THE ARGUMENT'S IN PROPER AND THAT IT'S ACTUALLY SPECIOUS BECAUSE THE CHANGES ARE MATERIAL TO THE CONSIDERABLE BENEFIT OF MILESTONE AND TO THE DETRIMENT OF THE INTERESTED PARTIES AND THIS PUBLIC SAFETY WELFARE.
FORTUNATELY, THE SOVEREIGN BODY HAS THE AUTHORITY ALSO BY THE STATE OF TEXAS IN THE CITY TO INITIATE PROCESSES THAT WILL ALLOW FOR CORRECTIVE MEASURES SO THAT THE PROPER THINGS HAPPEN.
GIVEN THE CONSIDERABLE PROCESS IRREGULARITIES, SINCE THE ORIGINAL FILING AND RECORDING OF THE RESTRICTIVE COVENANT, WE RESPECTIVELY RESPECTFULLY ASK ZAP TO INSTRUCT STAFF
[03:35:01]
TO ISSUE A MORATORIUM TONIGHT, PROHIBITING ANY ACTION OR DEVELOPMENT ON THE SITE.AS THE SAFETY CONDITIONS UNDER THAT RESTRICTIVE COVENANT APPEAR TO BE UNSATISFIED FURTHER.
WE ASKED ZAP TO USE ITS AUTHORITY PER THE STATE AND CITY TO INITIATE A REZONING OF THIS PROPERTY AND TO OVERSEE A COMPLETE, PROPER, TRANSPARENT PUBLIC PROCESS FOR OUR DEMOCRACY TO BE SUCCESSFUL.
IT IS IMPERATIVE THAT OUR PUBLIC ENTITIES OPERATE IN THE LIGHT OF DAY.
AND THAT'S WHAT WE'RE ASKING FOR OUR SPEAKERS.
WE'RE GOING TO GO A LITTLE BIT OUT OF ORDER ON OUR SPEAKERS.
I BELIEVE WE HAVE ONE ON THE LINE WHOSE, UM, HEALTH CONDITION IS HE NEEDS TO SPEAK, UM, MR. MR. SELLER, OR WERE YOU TAKEN UP MR. FRED LEWIS AT THIS TIME? IF WE CAN.
MR. LEWIS FEELS SELECT STAR SIX AND PROCEEDED WITH YOUR REMARKS.
UH, I'M TALKING IN MY PERSONAL PATSY AND, UH, BUT I DO HAVE A LOT OF LEGAL AND ADMINISTRATIVE LAW EXPERIENCE.
AND I'M GOING TO TALK ABOUT WHAT I THINK IS WRONG WITH THE PROCESS THAT HAPPENED AND WHY RANT DOCTOR MUST FOLLOW UP IN THE NEIGHBORHOOD.
FIRST OF ALL, BIG PICTURE, THERE WAS A RESTRICTIVE COVENANT THAT THE AGREED TO BY THE PARTY.
AND IT WAS BASED ON THE CRITICAL FEATURE FOR THE AGREEMENT WITH THE NUMBER OF UNITS, WHICH WAS 45 UNITS THAT THEY AGREED TO.
SO IT WASN'T AN INCIDENTAL MATTER.
IT WAS THE CRUX OF THEIR EVEN SEEN IMPROVEMENT.
AND THEN SECOND, THE RESTRICTIVE COVENANT REQUIRED THE COUNCIL TO APPROVE ANY CHANGE TO THE RESTRICTIVE COVENANT.
AND THEREFORE, WHEN YOU LOOK AT WHAT HAPPENED, WHICH IS THERE WAS A CHANGE TO THE RESTRICTIVE COVENANT THAT CHANGED THE NUMBER OF UNITS THAT COULD BE BUILT SIGNIFICANTLY ON THOSE THREE TIMES, AND IT DIDN'T HAVE COUNCIL APPROVAL.
IT'S PRETTY CLEAR THAT THE STAFF AT BEST MADE THEM AGREE TO ERROR.
NOW WHAT THEIR MOTIVATION WAS OR WHAT THEIR JUDGMENT WAS I SPEAK TO, BUT I CAN SAY THIS AT A MINIMUM, THEIR JUDGMENT WAS EXTREMELY POOR.
SO LET ME PUT IT IN A DIFFERENT WAY.
LET'S SAY THE DEVELOPER IN THE NEIGHBORHOOD AGREED, UH, THERE WOULD BE 135 UNITS, AND THEN UNBEKNOWNST TO THE DEVELOPER, THE NEIGHBORHOOD AND THE STAFF GO AND CHANGE IT TO 45 UNITS.
DO YOU THINK THE DEVELOPER WOULDN'T FURIOUS AND THERE'D BE THREATS OF LITIGATION? OF COURSE.
SO YOU DON'T ACT THIS WITH, SO AT A BOTTOM LINE IS YOU NEED TO FIX THIS PROBLEM AND YOU NEED TO MAKE SURE THAT THESE THINGS ARE NOT ENABLED, UH, BY APPROVING THIS SORT OF MISCONDUCT.
IT'S THAT, AND I WILL END WITH THIS PROCESS.
THE RULE OF LAW IS THE BEDROCK OF OUR DEMOCRACY.
THIS IS NOT A RULE OF LAW, OUR PROCESS THAT ANYONE SHOULD REWARD.
WE SEEM TO BE VERY GOOD AS DEMOCRATS DOWN IN TRAVIS COUNTY AND UNDERSTANDING WHY DONALD TRUMP AND HIS LACK OF PROCESS IS BAD FOR DEMOCRACY.
WE SHOULD UNDERSTAND THAT WE'RE CAPABLE MAKING THE SAME MISTAKE, THIS THE, THE RECTIFIED.
WELL, I FEAR THE WHOLE CITY WILL GET SUED AND FRANKLY, WE'LL LOSE.
UM, I BELIEVE WE WILL GO BACK TO OUR LIST, MR. SOURS THANK YOU FOR STAYING SO LATE.
I'M BRIAN SHOWERS, A RESIDENT ON MILKY WAY.
UH, I WILL ALSO BE TALKING ABOUT THE RESTRICTIVE COVENANT BRIEFLY, UH, BUT I DO WANT TO POINT OUT THERE ARE TWO OTHER IRREGULARITIES HERE, INDEPENDENT OF THAT, UH, THAT I THINK YOU SHOULD ALSO HERE, UH, WITH THE RESTRICTIVE COVENANT, UH, AS YOU JUST HEARD THAT THERE WERE LOTS OF PARTS OF, OF THIS RESTRICTIVE COVENANT THAT WERE IMPORTANT, BUT THE, TO, TO CALL YOUR ATTENTION TO WAS THAT IT VERY SPECIFICALLY SAID THE DEVELOPER WOULD FOLLOW THE RECOMMENDATIONS OF THE MARCH 13TH NTA.
AND IT ALSO SAID IF THAT WAS EVER TO BE CHANGED, IT COULD BE DONE ONLY IF CITY COUNCIL APPROVED CAN GO ONTO THE NEXT SLIDE.
UH, AND THE REASON THAT'S IMPORTANT IS WITHIN THAT NTA, THAT VERY SPECIFIC NTA, THERE WERE LOTS OF RECOMMENDATIONS, BUT THE ONE OF THEM WE WANT TO FOCUS ON TONIGHT IS THE RECOMMENDATION.
[03:40:01]
THAT THE DEVELOPMENT BE NOT MORE THAN 45 UNITS GO TO THE NEXT SLIDE.45 UNITS WAS THE NUMBER OF UNITS THAT THE DEVELOPER ORIGINALLY REQUESTED IN THEIR INITIALS ZONING.
SO THAT NUMBER MADE COMPLETE SENSE TO EVERYBODY INVOLVED.
AND THE CONSISTENCY CONTINUED BECAUSE THE DEVELOPER SIGNED THAT RESTRICTIVE COVENANT, NOT ONCE, BUT TWICE BEFORE SECOND READING, AND THEN IT WAS REVISED AND THEY SIGNED IT AGAIN.
SO THEY, THE PRESIDENT OF MILESTONE SAW IT SIGNED.
IT WAS REVIEWED BY HIS LEGAL COUNSEL WAS PRESENTED TO COUNCIL OUR CITY COUNCIL MORE THAN ONCE.
AND IN EVERY VERSION, IT VERY SPECIFICALLY SAID THE MARCH 13TH, NTA SEVEN MONTHS AFTER ZONING, YOU CAN GO TO THE NEXT SLIDE.
UH, WHILE WE WERE IN THE MIDDLE OF SITE PLAN, I DON'T KNOW WHY THE DEVELOPER WANTED TO CHANGE THEIR PLANS, BUT THEY WORK WITH OUR CITY ATTORNEYS TO FILE THIS AMENDMENT STATING THAT THERE WAS A CLERICAL ERROR AND THAT DATE WAS SUPPOSED TO READ JULY, UH, AND THE CITY ATTORNEYS APPROVED THIS.
UH, IF YOU CAN GO TO THE NEXT SLIDE, BUT THIS IS, THIS IS VERY DIFFERENT THAN A TYPICAL CLERICAL ERROR.
THIS CHANGED THE UNDERLYING DOCUMENT FROM ONE NTA TO A SECOND NTA.
AND OUR CITY COUNCIL HAD BOTH MTAS AT THEIR DISPOSAL.
THIS CHANGES THE UNDERLYING DOCUMENT IN A MATERIAL WAY BECAUSE THIS NEW NTA HAS VERY DIFFERENT SETS OF RECOMMENDATIONS BEHIND IT.
THE MOST IMPORTANT, WHICH FOR TONIGHT IS INCREASING THE UNIT CAP FROM 45 TO 134.
IF YOU CAN GO TO THE NEXT SLIDE.
AND THIS HAS BEEN PRESENTED BOTH BY THE DEVELOPER AND BY THE CITY ATTORNEYS AS ALLOWABLE TO DO WITHOUT CITY COUNCIL APPROVAL, BECAUSE IT WAS A CLERICAL ERROR ALLOWED TO BE CHANGED BY TEXAS PROPERTY CODE.
AND THEY VERY SPECIFICALLY CITED TWO SECTIONS OF THE PROPERTY CODE, BUT THAT PORTION OF OUR PROPERTY CODE ONLY ALLOWS FOR NON-MATERIAL CHANGES AS A RESULT OF A CLERICAL ERROR.
AND FURTHERMORE, IT DEFINES CLERICAL ERROR IN A VERY NARROW SCOPE.
AND THIS CHANGE DOES NOT MEET THAT DEFINITION OF A CLERICAL ERROR.
AND EVEN IF IT DID, IT'S STILL A MATERIAL CHANGE.
AND THE PROPERTY CODE ONLY ALLOWS FOR NON-MATERIAL CLERICAL ERRORS TO BE CHANGED WITHOUT CITY COUNCIL APPROVAL.
SO WHAT WE'RE LEFT HERE IS A SITE PLAN THAT IS VERY NEAR TO BEING APPROVED.
IN FACT, THEY ALREADY HAVE BULLDOZERS OUT AND HAVE CLEARED 30 ACRES OF LAND.
NOW IS THE TIME TO GET THIS RIGHT AND MAKE SURE THAT WE'RE NOT HERE TO FIGHT ZONING.
WHAT WE'RE HERE TO DO IS MAKE SURE THAT THE ZONING THAT WAS PASSED IS ACTUALLY FOLLOWED.
THIS WAS THE MATERIAL AND SUBSTANTIVE CHANGE.
WHAT IS ATTEMPTING TO BE HAPPENED HERE IS TO SPECULATE ABOUT WHAT COUNCIL'S INTENT WAS.
THEY HAD BOTH OF THESE MTAS AT THEIR DISPOSAL.
THEY HAD THE RESTRICTIVE COVENANT AT THEIR DISPOSAL, AND TO MAKE THIS CHANGE AS SAYING THAT WE THINK WE KNOW WHAT WAS IN THEIR HEADS, FORTUNATELY THAT RESTRICTIVE COVENANT HAS A PATH.
ALL WE HAVE TO DO IS BRING THIS BACK TO CITY COUNCIL.
THAT'S WHAT SHOULD HAVE HAPPENED AT THE BEGINNING.
AND WE'RE ASKING THAT WE USE YOUR AUTHORITY TO MAKE THANK YOU VERY MUCH.
WE'LL NOW HEAR FROM MR. RANDY JAMISON FOLLOWED BY BRENDA LANGFORD YES.
MADAM CHAIR, UH, COMMISSIONERS.
I'M THE PRESIDENT OF THE RIVER PLACE HOA.
AND I'M HERE TONIGHT TO SPEAK TO YOU ABOUT, UM, UH, EASEMENT ISSUE, UH, WITH RESPECT TO A PIECE OF LAND.
SO AS A WAY OF BACKGROUND, UH, RIVER PLACE, HOA WANTS ZAP AND CITY COUNCIL, UH, UH, CITY STAFF TO UNDERSTAND THAT THERE ARE CERTAIN RESTRICTIVE COVENANTS AND CONSENT RIGHTS BY THE RIVER PLACE, HOA, UH, ENJOYS THAT I DON'T KNOW HAVE BEEN, UH, CONSIDERED.
WE'RE GOING TO TALK ABOUT A PIECE OF PROPERTY REFERRED TO AS THE ACCESS PROPERTY, UM, UH, WHICH IS WE BELIEVE THE, UH, PIECE OF PROPERTY THAT MILESTONE IS PLANNING ON, UM, PUTTING A EMERGENCY EXIT EVACUATION EXIT THROUGH, UM, NEXT SLIDE.
SO THIS IS A DIAGRAM FROM THE DOCUMENTS, UH, SHOWS THE ACCESS POINT, WHICH IS THE DRIVEWAY GOING OUT TO RIVER PLACE BOULEVARD.
AND THEN WHAT IS REFERRED TO AS THE EXCESS PROPERTY, THERE IS A JOINT USE DRIVEWAY, UH, ON THAT ACCESS PROPERTY THAT IS ENJOYED BY THE OSTEON CHRISTIAN FELLOWSHIP CHURCH AND, UM, UH, LEANDER ISD, NEXT SLIDE.
SO THE RESTRICTIVE COVENANT BURDENS, THERE'S A RESTRICTIVE COVENANT THAT BURDENS THAT PIECE OF PROPERTY WE ACCESS PROPERTY.
AND IT STATES THAT UNLESS CONSENTED TO AN ADVANCE
[03:45:01]
THAT IN WRITING BY THE RIVER PLACE, H Y NO PORTION OF THE ACCESS PROPERTY MAY BE USED TO ACCESS WERE REPLACED BOULEVARD.THERE'S ALSO A CONSENT AGREEMENT THAT WAS, UM, UH, PROVIDED IN 2006 TO THE CHURCH AND TO THE SCHOOL AND TO CHILDREN'S COURTYARD THAT PROVIDED ACCESS THROUGH THAT PROPERTY.
IT SAYS EITHER BOTH ACF OR ELLIS L ISD, SHELBY, AND SHALL BE ENTITLED TO CONSTRUCT A SINGLE POINT ACCESS, UH, TO ALLOW THEM TO ACCESS WITH REPLACE BOULEVARD.
AND IT WAS ONLY GIVEN TO ACF L I S D IN THE CHILDREN'S, UH, COURTYARD.
WHAT'S IMPORTANT TO NOTE HERE IS THAT THE CONSENT GRANTED BY RIVER PLACE, HOA DOES NOT GRANT ANY OTHER PROPERTY OWNER OR ANY OTHER ENTITY OTHER THAN ACF, L I S D AND THE CHILDREN'S COURTYARD TO HAVE ANY RIGHT TO GO THROUGH THAT PROPERTY OR ACCESS OR BOULEVARD.
NEXT SLIDE, PLEASE INCLUDE IN CONCLUSION, I KNOW THIS IS KIND OF QUICK, BUT IN CONCLUSION, THERE ARE RESTRICTIVE COVENANTS, UM, THAT THE RIVER PLACE HOA HAS IN PLACE.
UM, THEY'RE PUBLIC, THEY'VE BEEN IN PLACE FOR AN EXCESS OF 20 YEARS.
UM, WE'RE NOT SURE THAT THEY'RE BEING APPLIED OR CONSIDERED, UM, W WE DON'T KNOW YET.
WE DON'T KNOW IF MILESTONE IS PLANNING ON USING THAT ACCESS, UH, PROPERTY TO, UM, TO PROVIDE THEIR EMERGENCY EVACUATION.
I WROTE OUT OF THEIR PROPERTY, UH, MILESTONE HASN'T TALKED TO THE, UH, HOA, UM, AND WE HAVE NO IDEA, TWO THINGS TOO, THAT ARE IMPORTANT.
THERE'S NOTHING IN THE EXISTING, UH, HOA CONSENT AGREEMENTS THAT CON UH, THE CONTEMPLATES EXPANDING THE SCOPE OF THE ACCESS AGREEMENT, UH, OTHER THAN FOR ACF ELLIS ID AND FOR THE CHILDREN'S, UH, UM, SCHOOL WERE REPLACED, HAS NOT PROVIDED ANY, UH, CONSENT TO ACF FOR MILESTONE TO ACCESS THE PROPERTY, UM, NOR HAVE THEY, UH, NOR HAS THE HOA PROVIDED ANY ACCESS TO ANY OTHER ENTITY, SUCH AS THE CITY OF AUSTIN.
THERE ARE SOME AGREEMENTS THAT HAVE BEEN RECENTLY FINISHED YOUR STATEMENT.
UM, AND THE LAST POINT AND WHY I'M HERE, WE'RE HERE TONIGHT IS THAT, UM, WE WANT ZAP AND, AND CITY COUNCIL TO KNOW THAT THERE ARE RESTRICTIVE COVENANTS IN PLACE AND THAT THEY APPLY TO THE ACCESS, UH, PROPERTY, AND THAT WE REQUEST THAT THOSE RESTRICTIVE COVENANTS AND CONSENT AGREEMENTS BE HONORED IN THIS DEVELOPMENT.
WANT TO HEAR FROM MR. BRENDA, LINKFORD POP FOLLOWED BY MR. TOM SMITH.
THANK YOU SO MUCH FOR THIS TIME TO SPEAK.
UM, I WOULD JUST, I'M GOING TO TRY TO BE AS BRIEF AS POSSIBLE.
UM, I'M HERE TO TALK ABOUT A FEW THINGS WITH THE ZONING ORDINANCE AND IN SPECIFIC, UM, THERE'S A CONDITIONAL OVERLAY ATTACHED TO THE ZONING ORDINANCE THAT LIMITS THE DEVELOPMENT 30 UNITS.
UM, THE ORDINANCE ALLOWS A HIGHER UNIT COUNT DEPENDING ON EMERGENCY ACCESS, WHICH IS IN QUESTION, HOWEVER, EVEN WITH THIS EMERGENCY ACCESS UNITS ARE KEPT AT A CUMULATIVE TOTAL OF 1200 TRIPS PER DAY ON MILKY WAY.
UM, THERE, THIS IS A SAFETY CHECK THAT WAS PUT IN PLACE BECAUSE THE DEVELOPER HAD ALREADY BYPASSED THE SUBDIVISION RULE BY GOING FROM AN SF ONE REQUEST, AN SF SIX REQUEST.
UM, THE SUBDIVISION CODE WOULD HAVE RESTRICTED THEM TO ONLY AN ADDITIONAL FIVE UNITS.
THAT'S WHY THEY'VE MADE THAT CHANGE.
UH, NEXT SLIDE, AN IMPORTANT NOTE IS THAT THIS ORDINANCE SPECIFIES THAT THIS 1200 TRIP COUNT, WHICH IS A BACKSTOP, IS TO BE ESTIMATED USING EXISTING TRIPS ON MILKY WAY.
THE ORDINANCE SPECIFIES THAT THE EXISTING TRAFFIC MUST BE MEASURED.
AND THIS IS A QUOTE AT THE TIME OF SITE PLAN, NOT AT A TIME OF CONCEPTUAL PLAN OR PERMITTING OR A PRIOR PLAN THAT HAS EXPIRED NEXT SLIDE.
UM, REGARDING THESE COUNTS THAT THEY'VE DONE, THE DEVELOPER CONDUCTED MULTIPLE COUNTS IN ORDER TO CHERRY PICK THE MOST FAVORABLE, THE ONE, UH, THEY DID ONE IN NOVEMBER.
THEY DID A SECOND ONE IN DECEMBER, AND THEN THEY DID A THIRD ONE IN MARCH OF 2020.
AND WE ALL KNOW WHAT HAPPENED IN MARCH OF 2020.
THE DEVELOPER CHOSE MARCH OF 2020 MEASURING WITHIN A PANDEMIC DISRUPTION OF NORMAL TRAFFIC PATTERNS.
THIS IS EVIDENT BY THE CHERRY PICKED COUNT THAT HAS AN ARTIFICIAL DROP IN TRAFFIC COMPARED TO WHAT WAS SUBMITTED FOR THE NTA.
THE DEVELOPER IS USING A TEMPORARY TRAFFIC DISRUPTION TO GAIN A PERMANENT INCREASE IN DENSITY.
THE ORDINANCE SPECIFICALLY INCLUDED THOSE LIMITS TO ENSURE SAFETY FOR THOSE ON MILKY WAY AND THE GENERAL PUBLIC SAFETY.
NEXT SLIDE, THE ORDINANCE DID SPECIFY THESE COUNTS WERE TAKEN AT THE TIME OF SITE PLAN.
[03:50:01]
THAT DEVELOPERS OFTEN MANIPULATE TRAFFIC COUNTS, AND THEY INCLUDED THIS LANGUAGE SPECIFICALLY TO PREVENT CHERRY PICKING AND TO ENSURE THAT COUNTS WERE INDICATIVE OF THE CURRENT TRAFFIC AT TIME OF SITE PLAN.THE SITE PLAN FOR THIS PROPERTY WAS NOT SUBMITTED UNTIL NOVEMBER 4TH, 2020 CONCEPTUAL PLANS DO NOT COUNT PER THE ORDINANCE.
CLEARING PERMITS DO NOT COUNT PER THE ORDINANCE.
THESE COUNTS WERE TAKEN EIGHT MONTHS PRIOR TO THE SITE PLAN APPLICATION, AND MORE THAN TWO PLUS YEARS BEFORE PENDING APPROVAL, THE COUNTS SUBMITTED DO NOT MEET THE REQUIREMENTS OF THE ZONING ORDINANCE.
IN CONCLUSION, THE COUNCIL APPROVED A VERY UNIQUE AND COMPLICATED ZONING FOR THIS PROPERTY.
THE GOAL WAS TO APPROVE THE DEVELOPMENT WITHOUT RISKING ADDITIONAL SAFETY IN A HIGH WILDFIRE RISK AREA.
THESE TRAFFIC COUNTS SUBMITTED TO THE DEVELOPER, DO NOT SATISFY THAT CONDITIONAL OVERLAY.
WE CANNOT ALLOW THE PRECEDENT OF THIS CIRCUMVENTION OF THE PROCESS TO STAND CREATING A PRECEDENT TO BE USED OVER AND OVER IN OTHER DEVELOPMENTS IN THE CITY.
THAT'S NOT HOW WE MAKE THE CITY BETTER UNTIL THE PROVISIONS OF THIS ORDINANCE ARE SATISFIED.
WE ASK THAT YOU LIMIT THE SITE PLAN TO THE ADDITION, TO THE LIMITED 30 UNITS OR THE SIOP.
SO WE HAVE, YEAH, WE'RE RUNNING SHORT.
SO TRY AND ONE OF THE BEEPER GOES, MAKE ONE LAST THING I'LL HEAR FROM TOM SMITH FOLLOWED BY.
I'VE JUST GOT ONE SLIDE UP THERE ON THE AFTER MINE.
I'M THE PRESIDENT OF 2222 KONA, WHICH REPRESENTS NINE NEIGHBORHOODS AND ABOUT, UH, SEVERAL THOUSAND HOUSEHOLDS THAT SURROUND THE AREA THAT WE'RE TALKING ABOUT.
AND I'M NOT GOING TO BORE YOU WITH A BUNCH OF THE DETAILS IN THIS.
WE'VE BEEN FOLLOWING THIS SINCE 2016 AND ITS PREVIOUS INCARNATIONS.
THE FINAL ZONING THAT WAS APPROVED IS THE END POINT OF A LOT OF DISCUSSION.
A LOT OF COMPROMISE AND IS CAPTURED IN A CONDITIONAL OVERLAY, AN ORDINANCE AND A RESTRICTIVE COVENANT.
THE RESTRICTIVE COVENANT TALKS ABOUT THE TRIP COUNTS ON HOW, HOW THEY'RE CLAIMING THOSE.
THE ORDINANCE TELLS YOU HERE'S THE CONDITIONS AND THE CONDITIONS ARE REAL SIMPLE.
IT'S BASICALLY THE ZONING IS LIMITED TO 30 UNITS.
THE ONLY WAY YOU CAN GET MORE THAN 30 UNITS ON THAT BY FOLLOWING THE ZONING THAT WAS PASSED IS TO MEET TWO CONDITIONS AND YOU HAVE TO MEET BOTH OF THOSE CONDITIONS.
YOU HAVE TO HAVE A SECONDARY ACCESS TO THE PROPERTY, WHICH THE DEVELOPER DOES NOT HAVE BECAUSE THEY HAVE NOT GOTTEN PERMISSION AND CONSENT FROM RIVER PLACE, WHICH OWNS A RESTRICTED COVENANT ON THE ACCESS PATH.
SECONDLY, THEY HAVE TO MEET A TRIP COUNT REQUIREMENT OF BEING BELOW THAT, AND BASICALLY THEY AREN'T USING THE ITE MANUAL.
THE SPECIFICALLY WHAT THE CITY COUNCIL DECIDED TO DO IN THE ZONING IS SAYING YOU ARE GOING TO USE A TUBE COUNT ON ACTUAL TRAFFIC ON MILKYWAY DRIVE.
AND THAT IS GOING TO APPLY TO HOW MANY UNITS YOU CAN PUT ON THE PROPERTY, UM, FROM THE MANUAL IT'S ONLY 10 TRIPS PER DAY, BUT THE ACTUAL READINGS THEY'VE ALREADY GOT SO FAR ARE, IS CLOSER TO 17 OR 20 TRIPS PER DAY, PER UNIT, WHICH MEANS MUCH LOWER.
SO THE MOST THEY CAN POSSIBLY GET IS 45 UNITS DEVELOPED ON THEIR NEW, UH, BUT THEY'RE ACTUALLY LIMITED TO 30.
SO WE'RE ASKING WE'RE HERE IN SUPPORT OF YOU IN SUPPORT OF YOU ADDING THIS AGENDA ITEM TO YOUR, UH, TO YOUR DISCUSSION POINTS.
AND WHAT WE'RE TRYING TO DO IS GIVE YOU ENOUGH INFORMATION THAT YOU CAN TAKE ACTION.
AND WE WOULD LIKE THIS TO BE STOPPED RIGHT NOW BECAUSE THEY HAVE NOT GOT AN APPROVED SITE PLAN AND THEIR ONSITE CLEARING.
AND WE WANT TO MAKE SURE THEY'RE STOPPED.
THEIR SITE PLAN THAT THEY'VE SUBMITTED IS FOR 68 UNITS, WHICH IS WAY ABOVE EVEN THE 45 UNITS.
IF THEY MET BOTH THOSE CONDITIONS, WHICH THEY HAVEN'T MET EITHER OF THOSE.
UM, AND WE'RE BASICALLY SAYING, YOU KNOW, HOLD THEM TO THE 30 UNITS, WHICH IS WHAT THE ORDINANCE SAYS TODAY.
AND THAT'S WHAT THEY'RE ALLOWED TO DO.
AND THAT'S THE END OF A LONG COMPROMISE IN A VERY HIGH WILDFIRE RISK AREA.
AND THE ONLY WAY YOU CAN GET TO THIS PROPERTY IS THROUGH RIVER PLACE.
NEIGHBORHOOD RIVER PLACE BOULEVARD IS THE ONLY ACCESS THAT YOU CAN GET TO THIS PROPERTY.
AND IT'S RIGHT IN THE MIDDLE OF THE NEIGHBORHOODS.
SO ANYWAY, THAT'S ALL I HAVE TO SAY.
I'D BE HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE SOME, THANK YOU.
WILL NOT HEAR FROM MR. JAMES SHAMUS OR SHAVE YOU'LL SELECT STAR SIX, PROCEED WITH YOUR REMARKS.
I'M LIKE, THANK YOU ALL FOR TAKING THE TIME TO HELP BRING THIS PROJECT TO SITE.
MY NAME IS SHAY AND I HAD THE PLEASURE
[03:55:01]
OF METRO APP AND THAT PONTOON DESIGN COMMISSION.UM, I THANK YOU ALL FOR, TO, UH, SERVE OUR CITY.
SO WE'RE AT A TIME IN AUSTIN WHERE WE ARE REAL NEED OF HOUSING HOUSING.
HOWEVER, THE PASS OF THE CREATION OF MORE HOUSING STILL NEEDS TO FOLLOW A TRANSPARENT PROCESS FROM THE DEVELOPERS, NEIGHBORS, STAKEHOLDERS, PUBLIC OFFICIALS, LIKE YOU AND CITY COUNCIL ALL TAKE COUNTLESS HOURS AND DEEP DISCUSSIONS OVER THE COURSE OF MONTHS AND YEARS.
YOU KNOW, WE SHOULD HOPE THAT THE MERITS OF THE DISCUSSIONS AND ITS RESULTS ARE MEMORIALIZED AND HONORED AS THE COMMISSIONER, IT'S THEIR DUTY UNDER THE STATE OF TEXAS CITY OF AUSTIN TO BRING ALL THE SIDES AND VOICES TO LIGHT AND TO BALANCE IT WITH OUR CITY GOAL.
AND THIS IS NOT AT THE EXPENSE OF LIKE SAFETY, AS WE ALL KNOW, PUBLIC DISCUSSION IS WHERE THE ISSUES ARE DISCOVERED AND SOLUTIONS ARE FIGURED OUT ACTIONS, CONTRACTS, THE DISCUSSION SHOULD NOT BE DONE BEHIND CLOSED DOORS.
WHEN I WAS LOOKING AT THIS CASE AS A FAVOR, I WAS EXPECTING TO DO WHAT I OFTEN DO AND OFFER AN EXPLANATION OF HOW THE DEVELOPMENT PROCESS WORKS AND HOW THINGS CAME TO WHERE THEY ARE.
AND I HAVE EXPERIENCED IN DEVELOPMENT.
SO I'M HAPPY TO LEND A HAND AND KIND OF BRING INSIGHTS TO THIS.
I WAS NOT EXPECTING TO FIND QUESTIONABLE ACTIONS, WHICH UNDERMINED STAFF COUNCIL, COMMISSIONERS, THE DEVELOPERS AND THE PUBLISHED WORK.
IN THIS CASE, THE SMALL CHANGE WHO REPORTED PUBLIC RESTRICTIVE COVENANT HAD LARGE EFFECTS OF THE MATERIAL OUTCOME OF THE DEVELOPMENT.
ADDITIONALLY, THE CHANGE IS DIFFERENT ENOUGH THAT THE RESULTING POTENTIAL OUTCOME IS DIFFERENT FROM THE DATA POINTS THAT COUNCIL DISCUSSED.
THIS CHANGE SPIT UP AND SENDS BACK THE LAND COMMISSION AND OR COUNCIL TO CONSIDER.
IT'S NOT UNCOMMON FOR THE LAND USE COMMISSION TO RECONSIDER EVEN, UH, REVIEW PUFF, RESTRICTED COVENANT, AND, UH, IN ORDER TO CONSIDER SUCH A REQUEST AND WE'VE HEARD PIECES TO DO THAT.
SO YES, WE'VE HEARD FROM CITY LEGAL ON THIS.
HOWEVER, PLEASE CONSIDER LOOKING THROUGH THE COUNCIL TRANSCRIPTS, SEE WHAT WAS DISCUSSED AND WHAT THE INTENT WAS.
THE MAYOR OF DISCREPANCY BETWEEN THAT.
AND THE FACTS IS INFORMATION THAT COUNCIL SUPPOSEDLY HAD, WHETHER IT WORKED OR NOT SPEND TIME TO FIND OUT WHO IS RIGHT AND WHO IS WRONG, IS UP TO YOU.
BUT THE NEIGHBORHOOD JUST WANTS ITS CONCERNS, ADDRESS FAIRLY INTENSE BRANTLEY.
AND WHATEVER DEVELOPMENT IS BUILT DOES NOT HINDER THE SAFETY OF THE CURRENT AND FUTURE ZAP HARD TO BRING NEW PROCESS BACK TO THIS.
AND I HOPE YOU ALL TAKE THE OPPORTUNITY TO DO SO.
WE HAVE SEEN TIME AND TIME AGAIN, WHERE CITY STAFF PROCESS OR AT A MINIMUM STANDARD.
AND IF PERFECT STATIONS DO NOT MATCH A COMMISSION LEVEL OF PERFORMANCE THAT MAY BE APPROPRIATE FOR NON-CONTENTIOUS ISSUES.
HOWEVER, ACTING IS SUCH AN OBVIOUS ONE THAT NEEDS MORE CARE IN THIS CASE NEEDED MORE CARE IS PROBLEMATIC WITH THE PROJECT.
CURRENTLY IN THE SITE PLAN REVIEW, THERE'S STILL DILIGENT OVERSIGHT THAT CAN HELP TO GUIDE IT FAIRLY AND TRANSPARENTLY ENSURE THAT THE RESULTING PROJECT IS WHAT COUNSELED THE DEVELOPER AND THE PUBLIC DISCUSS.
UH, AND I'M ON WITH, FOR ALL WE KNOW BY POSSIBLE THAT THE DEVELOPER GETS THE PROPER APPROVALS.
AND THE FINAL DESIGN IS EXACTLY WHAT IS CURRENTLY UNDER REVIEW.
JUST LET IT BE FROM THE RESULT OF A TRANSPARENT PROCESS.
THE CITIZENS OFTEN NEED TO HAVE TRUST IN THE PROCESSES.
I THANK YOU FOR TAKING THE FIRST STEP IN DOING SO BY PUTTING THIS ON THE AGENDA.
SO WE MAY ALL UNDERSTAND WHAT HAPPENED AND FIGURE OUT WHAT THE NEXT CAN BE.
HOWEVER, IF IT'S UNRESOLVED CAN BE UNDERMINED WITHOUT OUR KNOWLEDGE.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
I WANT TO MAKE SURE HIS COMMITMENT COMMISSIONER SHAVE.
YOU WERE SPEAKING FOR YOURSELF, CORRECT? YES, I'M SPEAKING FOR MYSELF.
SO, UM, ANY COMMENTS OR QUESTIONS? CAN I SAY SOMETHING HERE? BECAUSE I, I REMEMBER LIVING THROUGH, I THINK ALL THREE ITERATIONS OF WHEN THIS CAME BEFORE US AND ALSO I MADE A SITE VISIT.
I WAS ONE OF THE PEOPLE WHO REQUESTED THE FIREWISE BRIEFING BEFORE WE HEARD THIS CASE BECAUSE OF THE ACCESS ISSUE.
SO IT DOES REALLY DISTURB ME TO HEAR AND TO HAVE LEARNED ABOUT THIS BECAUSE SPECIFICALLY THE CEO LIMITING THE DEVELOPMENT TO 30 HOMES WAS VERY, VERY IMPORTANT BECAUSE OF THE ACCESS, BECAUSE IT'S A FIREWISE AREA.
UM, AND SO HAVING SAID THAT, WHAT SHOULD WE DO? I ACTUALLY TYPED UP SOMETHING.
YOU COULD PROBABLY HEAR ME POUNDING AWAY, BUT, UM, TO, TO SEND TO COUNCIL, OR SHOULD WE, OR THAT'S ONE OPTION, BUT I'M NOT REALLY SURE WHAT TO DO, BUT THIS IS IMPORTANT.
UH, COMMISSIONER GREENBERG, I AM BY
[04:00:01]
NATURE, A SUSPICIOUS PERSON, BUT EVEN IF I ACCEPT THE ASSERTION FROM STAFF, THAT THE RESTRICTIVE COVENANT SHOULD HAVE REFERENCED THE JULY NTA AND NOT THE MAY NTA.THIS DOES NOT IN MY MIND MEET THE STATE DEFINITION OF A CLERICAL ERROR.
IF CHANGE JULY 21 TO JULY 22, THAT'S CORRECTING A CLERICAL ERROR CHANGING FROM MARCH 13TH TO JULY 22ND IS A MATERIAL CHANGE RESULTING IN A MAXIMUM NUMBER OF UNITS.
THAT'S NEARLY TRIPLED THE CHANGE TO THE RESTRICTIVE COVENANT SHOULD HAVE BEEN VOTED ON BY THE CITY COUNCIL, AS IT SAYS IN THE RESTRICTIVE COVENANT, IF IT WAS JUST AS THE SAF DESCRIBES AN ERROR, THEN THE CHANGE COULD HAVE BEEN APPROVED ON A CONSENT AGENDA.
I THINK WE SHOULD INFORM THE COUNCIL OF THE ISSUE AND ASK THEM TO PLAY SOME MORATORIUM ON PROJECT ACTIVE ACTIVITY AND APPROPRIATE APPROVALS UNTIL THE ISSUE IS RESOLVED, UM, CONCERNING THE CONDITIONAL OVERLAY.
UM, THERE SHOULD BE INSTRUCTION TO STOP ALL CLEARING AND DEVELOPMENT AND TO AS WAS SUGGESTED BY THE NEXT TO LAST SPEAKER, DENY ANY SITE PLAN IN EXCESS OF 30 UNITS UNTIL THE DEVELOPER PROVES COMPLIANCE WITH SECONDARY ACCESS AND TRAFFIC LIMITS, THE COUNTS OF WHICH WERE SUPPOSED TO BE AT THE TIME OF SITE PLAN, NOT AT THE START OF A PANDEMIC.
UM, SO I DO THINK, I DON'T KNOW WHAT YOUR LETTER SAYS, BUT I DEFINITELY THINK A LETTER SHOULD BE SENT AND FURTHER.
WE SHOULD INSTRUCT STAFF TO STOP ALL DEVELOPMENT AND APPROVALS ON THIS PROPERTY UNTIL THESE ISSUES ARE RESOLVED.
SO I GUESS MY QUESTION IS ABOUT OUR, UM, PROCESS PROCESS.
DO WE WRITE A RESOLUTE? DO WE PASS A RESOLUTION? DO WE WRITE SOME, YOUR YOU'VE WRITTEN SOMETHING, WHAT COMMISSIONER GREENBERG WROTE SOUNDS BETTER THAN WHAT I WROTE, BUT I CAN TELL YOU, I MEAN, UM, THIS I'M ALMOST KIND OF EMBARRASSED, BUT JUST, UM, BECAUSE OF THE LATE HOUR, BUT ZAP HAS BEEN MADE AWARE OF THESE ISSUES WITH THE MILKY WAY DEVELOPMENT, THE PUBLIC RESTRICTIVE COVENANT ONE, THE PUBLIC RESTRICTIVE COVENANT WAS CHANGED WITHOUT THE CITY COUNCIL'S CONSENT.
DESPITE THE PUBLIC RESTRICTIVE COVENANT STATING THAT ONLY COUNCIL CAN CHANGE THE AGREEMENT TO THE SITE PLAN APPEARS TO BE ON THE VERGE OF APPROVAL TO ALLOW 68 HOMES.
DESPITE THE CEO LIMITING THE DEVELOPMENT TO 30 HOMES, UNLESS THE SECOND ACCESS POINT IS GUARANTEED.
THREE COUNCIL ALSO REQUIRED THAT THE TIA BE DONE AT THE TIME OF SITE PLAN.
THE APPLICANT HAS SUBMITTED A TIA FROM MARCH, 2024.
THE DEVELOPER IS ALREADY BULLDOZING TREES WITHOUT AN APPROVED SITE PLAN.
I GUESS THE ONLY THING I WOULD ADD IS TO NUMBER ONE, THAT THIS IS A MATERIAL CHANGE AND NOT A CLERICAL ERROR.
ZAP HAS BEEN MADE AWARE OF THESE ISSUES WITH THE MILKY WAY DEVELOPMENT.
ONE, THE PUBLIC RESTRICTIVE COVENANT WAS CHANGED WITHOUT CITY COUNCIL'S CONSENT, DESPITE THE PUBLIC RESTRICTIVE COVENANT STATING THAT THE ONLY COUNCIL CAN CHANGE THE AGREEMENT THIS, AND THEN AS I JUST STARTED TO WRITE IN THIS IS A MATERIAL CHANGE, BUT WHATEVER, UM, WE CAN FINESSE THAT TO THE SITE PLAN APPEARS TO BE ON THE VERGE OF APPROVAL TO ALLOW FOR 68 HOMES, DESPITE THE CEO LIMITING THE DEVELOPMENT TO 30 HOMES, UNLESS THE SECOND ACCESS POINT IS GUARANTEED.
THREE COUNCIL ALSO REQUIRED THAT THE TIA BE DONE AT THE TIME OF SITE PLAN.
THE APPLICANT HAS SUBMITTED A TIA FROM MARCH, 2024.
THE DEVELOPER IS ALREADY BULLDOZING TREES WITHOUT AN APPROVED SITE PLAN.
WHAT ABOUT A RECOMMENDATION? LIKE, OH, STOP ALL.
WELL I'M S YEAH, WHAT'S THE POINT? THEY'RE BAD.
UM, UM, SO IN VIEW OF THIS, WE ASKED THAT CITY COUNCIL STOP THE, UH, PLACE A MORATORIUM ON PROJECT ACTIVITY.
THAT, UM, AND I THINK THE NUMBER WAS ONE THIRTY FOUR MICROPHONE PLEASE.
UM, WELL THE, IS THAT THE MTA, IT'S THE, IT'S THE TRIP COUNT THAT THAT'S BEING RIGHT.
SO THEY'VE DONE THEIR TRIP COUNT DURING THE START OF A PANDEMIC.
AND SO THAT WAS, THERE'S A 1200 VEHICLE TRIP COUNT REQUIREMENT.
[04:05:02]
AND SO THE REQUEST IS FOR THEM TO RE DO THE TRIP COUNT, UH, AT A TIME THAT MEETS THE TRANSPORTATION DEPARTMENT'S STANDARDS.I SAID, I MEAN, EARLIER WE I'M TALKING ABOUT TIME AND SIDE PLAN WAS SUPPOSED TO BE A TON OF SITE PLAN.
SO WITH THE TRIP COUNT, BE PART OF THE TIA, OR IS THAT A, THERE'S NOT A, THERE'S NOT A TA REQUIRED.
IT'S PART OF THE, UH, CL SITE PLAN APPROVAL.
IT WAS PART OF THE CONDITIONAL OVERLAY, WHICH REQUIRED THAT THEY NEEDED TO DO A AS MEASURED BY A TUBE COUNT TAKEN AT THE TIME OF SITE PLAN OR THE NUMBER OF THE ITE TRIP GENERAL MANUAL, WHICH IS LATER.
SO JUST SUBMIT IT TO CHANGE TIA, TO TRIP COUNT.
AND THEN I WOULD SAY TWO, AND NUMBER TWO, WHAT WE'RE TALKING ABOUT SECONDARY ACCESS.
I DON'T KNOW WHAT THE STANDARD IS, BUT YOU WOULD ASSUME THERE'D BE SOME KIND OF EASEMENT OR SURVEY OR AGREEMENT OR SOME KIND OF SOMETHING LIKE THAT IN THE SITE PLAN REQUIREMENTS THAT SAYS THAT THE SECONDARY ACCESS HAS BEEN PROVIDED.
YOU WANT TO MAKE SURE IT'S NOT VACATED TOO.
WELL, I WOULD LIKE TO HAVE SOME PROOF OF THE SECONDARY ACCESS HAS THE PROBLEM IS THAT IT WAS KIND OF COMPLICATED, BUT IT SEEMS LIKE THERE'S AN ACCESS TO THE CHURCH DRIVEWAY, BUT NOT, I HAVEN'T, THEY HAVEN'T CROSSED THEY HAVEN'T VAL OR IT'S NOT, THEY DON'T HAVE ANY PROOF.
IF THAT COULD BE A LITTLE BIT CLARIFICATION QUESTION IT'S DIFFERENT THAN COULD YOU CLARIFY? YEAH.
WHAT WAS THE QUESTION? HOW, HOW IT IS, HOW IT IS THAT THEY DON'T HAVE ACCESS, THEY AND THEIR SITE PLAN, THEY BUILD AN EXIT AIRY A SECOND ROAD THAT GOES TO THE CHURCH PROPERTY AND THE CHURCH, GRANTED THEM AN EASEMENT TO USE THEIR DRIVEWAY OUT TO RIVER PLACE BOULEVARD.
THE ISSUE IS THAT THE CHURCH DOESN'T HAVE THE RIGHT TO GRANT ACCESS TO RIVER PLACE BOULEVARD.
THE HOA HAS RESTRICTIONS THAT WAS RANDY'S PRESENTATION.
THERE ARE PREEXISTING COVENANTS AND RESTRICTIONS THAT ARE ON FILE WITH THE COUNTY CLERK THAT THE RIVER PLACE HOA HAS SOME PLACE THEY SHOULD BE IN YOUR BACKUP MATERIAL.
AND THE PROBLEM MAY BE, IT'S KIND OF DEFINITELY HARD BECAUSE THEY'RE PRIVATE, RESTRICTIVE COVENANTS, NOT AGREEMENT WITH THE CITY AND THE CITY DOESN'T ENFORCE PRIVATE RESTRICTIVE COVENANTS.
SO, BUT THE SHITTY SHOULD RESPECT THOSE THAT ARE ON FILE, ESPECIALLY WHEN IT MIGHT LEAD TO POTENTIAL FOR A LAWSUIT.
I MEAN, WE WANT TO AVOID THAT SITUATION.
I THINK THEY OUGHT TO BE LOOKING AT THE ACCESS, PARTICULARLY WHEN THE CEO SPEAKS TO EMERGENCY ACCESS.
I JUST THINK THE DOCUMENTATION NEEDS TO BE THERE.
I JUST WONDER IF WE SHOULD GET IT ALL WRITTEN PERFECTLY AND PASS IT.
WE HAVE ANOTHER MEETING NEXT TUESDAY.
YOU CAN POST AN AGENDA ITEM TO VOTE ON A MORATORIUM AT YOUR NEXT MEETING.
AND THAT'S APP HAS THAT AUTHORITY COMMISSIONER THOMPSON.
YOU HAVE YOUR HAND UP AND I'M SORRY THAT WE'RE NEGLECTING IT.
YOU GUYS SO FEEL FREE TO COMMENT.
I JUST KINDA WANT TO MAKE A COMMENT ABOUT, UH, NUMBER ONE, I GUESS I APPRECIATE COMMISSIONER GREENBERG'S PERSPECTIVE, BUT I ALSO, YOU KNOW, TRUST, YOU KNOW, WHAT WE READ IN THE STAFF BACKUP MATERIALS.
SO I JUST, I WOULD PREFER THAT WE NOT, UM, MAKE A RULING ON THE INTENT OF THAT, UM, ERROR, WHETHER IT WAS CLERICAL OR MATERIAL, IF THAT'S ALL RIGHT WITH EVERYONE, JUST, I WOULD SAY, UH, REQUESTING THE COUNCIL REVIEW THAT THE APPROPRIATE, UH, DOCUMENT WAS REFERENCED, THE APPROPRIATE NTA IS REFERENCED.
I'M NOT SAYING IT'S INTENTIONAL OR THAT WASN'T REALLY WHAT THE COUNCIL MEANT.
I'M JUST SAYING CHANGING FROM MARCH TO JULY IS A MATERIAL CHANGE.
AND I DON'T SEE HOW, EXCEPT THAT THE MATERIALS WERE IN ALL OF THE BAT, EACH BACKUP OF EACH MEETING, THREE MEETINGS, THE MARKUP OR, OR THE ALTERNATE, INCLUDING THE RESTRICTIVE COVENANT THAT REFERENCED MARCH 13TH.
BUT THE REVIT YOU'RE SH YOU'RE SAYING THE REVISED NTA WAS IN THE BACKUP, BUT IT WAS IN THE BACKUP.
I CANNOT SAY, WHICH IS THE PROBLEM, WHICH IS CONFUSING.
YEAH, IT IS A LOVELY, I'M JUST, I'M JUST SUGGESTING WE, WE JUST, UM, ASK COUNCIL TO REVIEW AND MAKE THEIR OWN DECISION ABOUT WHAT WAS ATTENDED WELL, SO INTENDED IS DIFFERENT FROM SAYING THAT CHANGE WAS A MATERIAL CHANGE THAT'S BUT WE CAN DEBATE THAT IF WE PUT A DRAFT RESOLUTION INTO OUR BACKUP FOR NEXT TUESDAY.
[04:10:01]
UM, YEAH, AND WE CAN KEEP IT KIND OF BLAND.I MEAN, AFTER REVIEWING BOTH THE, JUST FROM TALKING TO PEOPLE AND EVERYTHING AND TALKING TO, WE TALKED TO, UH, UM, UH, LAND USE AGENT WHO MENTIONED THAT THIS DID SEEM, DID OFFER SOME ADVICE AND SAID THAT THIS SEEMED LIKE, UM, A MATERIAL.
THIS WAS A MATERIAL CHANGE AND A LAWYER TOO, AND A LAWYER.
SO, BUT BACK TO THAT ALSO BECAUSE THE CEO IS CLEAR IN THE ORDINANCE.
AND SO THERE'S NOTHING LIKE DOUBTFUL ABOUT THAT.
AND THAT WAS ASSIGNED ORDINANCE BY THE CITY COUNCIL AND THEY HAVE TO COMPLY.
I ASKED THE STAFF ATTORNEY, UM, THAT I MAY BE RECOGNIZED MADAM CHAIR, IF I'M BEING BAD, LAID OUT.
AND I WAS SPEAKING TO THE MAN, UM, WHAT TIME I ASKED THE STAFF IF A STAFF ATTORNEY, UM, AND I SAID, WELL, WHAT HAPPENS WHEN YOU HAVE A CONFLICT BETWEEN THE CEO AND THE ART? THE N T THE RESTRICTIVE COVENANT SEEMS TO CONTRADICT, SHE SAID, YOU HAVE TO COMPLY STILL
ALL THOSE IN FAVOR OF EXTENDING TILL 10 45.
SO DO WE HAVE A MOTION? I ALMOST WANT TO GET IT DONE TONIGHT, BUT I DON'T THINK WE CAN.
I LIKE THE IDEA OF A MORATORIUM UNTIL NEXT TUESDAY, AT LEAST.
WE ALSO HAVE THE BUDGET ITEM AND I DON'T KNOW IF ANYONE READ THAT.
SO COMMISSIONER KING HAS HIS HAND.
UH, YOU KNOW, I DO APPRECIATE, UH, TRYING TO GET THIS RIGHT FAIRLY, UH, YOU KNOW, TECHNICAL HERE IN, IN WHAT WE'RE TRYING TO ADDRESS HERE, BUT I, I DO THINK IT'S IMPORTANT TO, AS THE CHAIR SAID TO, TO SEND OUT A MESSAGE NOW, UH, WHICH IS TO PUT A MORATORIUM ON THE DEVELOPMENT ACTIVITIES THERE RIGHT NOW, UNTIL THIS ISSUE IS RESOLVED.
UH, AND THEN, AND THEN COME BACK NEXT WEEK AND, AND VOTE ON A PARTICULAR RESOLUTION.
AND ALSO I WANTED TO SAY THAT I WENT BACK AND I DID LOOK AT THE BACKUP.
I READ THE STAFF MEMO, AND I WENT LOOK AT THE BACKUP FOR BOTH OF THE FIRST AND SECOND, THIRD READINGS.
AND, UM, YOU KNOW, THE, AND THEN THE DOCUMENTATION, AND IT REFERENCED THE ORDINANCE REFERENCED THE MARCH 13TH, 2019 NTA CONSISTENTLY.
IT WAS REFERENCED IN THE ORDINANCE, IN THE DRAFT ORDINANCE, IN THE BACKUP.
WHAT'S IN THE DRAFT ORDINANCE.
WHENEVER WE LOOK AT WHAT'S BEING PROPOSED ON, YOU KNOW, WHATEVER CODE AMENDMENT, WHERE WE LOOKED AT THE DRAFT, WE LOOK AT THE DRAFT ORDINANCE.
AND THAT'S WHAT I GO BY, CAUSE IT'S IN THE DRAFT ORDINANCE.
AND THEN WHEN I LISTENED TO THE DISCUSSION BY COUNCIL, THEY BROKE IT OUT INTO 30 UNITS, ONE PUBLIC ACCESS, YOU COULD GET 30 UNITS.
DID YOU HAVE A PUBLIC ASSET ACCESS AND EMERGENCY ACCESS 60 UNITS? AND IF YOU HAVE AN ADDITIONAL SITE POINT ACCESS, THEN YOU COULD GET JUST OVER 100 UNIT UNITS.
SO I'M VERY SURPRISED ABOUT NOW WE'RE TALKING ABOUT 134 UNITS, WHICH IS WELL ABOVE WHAT COUNCIL DISCUSSED.
SO I, I THINK IT IS IMPORTANT THAT WE GET THIS RESOLVED AND THAT, THAT THEY FOLLOW THE PROPER TRANSPARENT PROCESS AND MA AND GET COUNCIL TO APPROVE AN AMENDMENT TO THAT, TO THAT, UH, CONDITIONAL OVERLAY TO THE RESTRICTIVE COVENANT.
I'M SORRY, THE RESTRICTED COVENANT.
OR LEAVE IT AS IT WAS ORIGINALLY.
DAVID, DID YOU MAKE A MOTION TO JUST DO A MORATORIUM? YEAH.
I, MORE TO RECOMMEND THAT COUNCIL IS, UH, YOU KNOW, THAT THE COUNCIL APPROVE A MORATORIUM ON DEVELOPMENT ON THIS SITE UNTIL THIS ISSUE IS RESOLVED.
AND THEN THAT WE COME BACK NEXT WEEK TO DISCUSS A RESOLUTION.
IS THERE A SECOND SECONDED BY COMMISSIONER GREENBERG OR BY COMMISSIONER WOODY? UM, ANY DISCUSSION ON THAT BEFORE WE VOTE? NO HEARING NONE PUT THIS ON OUR AGENDA, PERHAPS HANK DOESN'T WANT TO SPONSOR IT AGAIN.
WELL, ALL THOSE IN FAVOR OF THE MOTION TO PUT A MORATORIUM UNTIL.
SO WAS THAT UNANIMOUS CHAIR? I BELIEVE SO.
AND THEN WE WILL TALK ABOUT ADDING IT WHEN WE GET TO FUTURE AGENDA ITEMS. WE'LL OKAY.
AND ONE QUICK COMMENT, I DON'T KNOW, THINKING CLEAR
[04:15:01]
BEFORE A SITE PLAN HAS BEEN APPROVED, AND I THINK SOMEONE MIGHT WANT TO CHECK WITH CODE ENFORCEMENT AND YOU WANT TO BE ABLE TO SHOW A AERIAL PHOTO OF THE CLEARING VERSUS WHAT IT LOOKED LIKE ABOUT SIX MONTHS AGO, YOU CAN FIND AN AREA AND BECAUSE THAT MIGHT PENALIZE THEM ON TAKING DOWN TREES BEFORE THE THEY HAD APPROVAL TO DO SO.SO THEY GO AFTER HIM RIGHT NOW.
SO WE ARE GOING TO MOVE ON THEN TO C ONE, I'M
[C2. Discussion and possible action adopting recommendations for Budget Fiscal Year 2022-2023 to be forwarded to Council. (Sponsors: Chair Barrera-Ramirez and Commissioner Smith)]
SORRY, C TWO, WHICH IS THE BUDGET PREPARATION THAT COMMISSIONERS KING AND DANCLER PUT TOGETHER.AND DO WE HAVE ANY, UM, COMMENTS ON THAT DOCUMENT? ANY ADDITIONS CHANGES, IMPROVE? I THOUGHT IT WAS VERY, VERY COMPREHENSIVE.
I, YEAH, THANK YOU SO MUCH FOR DOING IT.
AND I JUST WANTED TO, I DID HAVE A QUESTION OUTSTANDING AS TO WHAT OF OUR, OF OUR RECOMMENDATIONS LAST YEAR WERE INCLUDED IN THE BUDGET, BUT WE DIDN'T HEAR BACK.
SO YEAH, WE GOT A SMALL I'VE ASKED IMMEDIATELY AFTER OUR LAST MEETING.
AND IN TWO WEEKS WE GOT BACK A PARTIAL RESPONSE TO OUR RESOLUTIONS.
LAST YEAR, THEY DID A DSD, FOR EXAMPLE, CITED ALL THE SOFTWARE THEY HAVE PURCHASED AND THEY'RE TAKING ONLINE APPLICATIONS NOW.
SO THAT PAST, UM, WE DIDN'T HEAR, UH, HEAR ANYTHING FROM HOUSING.
WE DIDN'T HEAR FROM WATERSHED.
UM, PRETTY, UH, UH, AND THE EQUITY OFFICE RESPONDED THAT THEY ARE CONDUCTING, HAVE ADEQUATE STAFF TO DO TRAININGS.
UM, THEY DIDN'T COMMENT ON WHETHER THEY SHOULD COMMENT ON CIP.
SO WE REALLY DIDN'T GET MUCH IN THE WAY OF HER RESPONSES TO WHAT WAS APPROVED LAST YEAR, EVEN WITH TWO WEEKS TIMEFRAME.
SO I WAS A LITTLE DISAPPOINTED BY THAT.
UM, WE CAN STILL, I CAN STILL PURSUE IT AND SEE IF WE CAN GET ANSWERS BY THE NEXT MEETING.
I WOULD JUST VOTE THEN TO, INSTEAD OF WAITING FOR THAT, THIS IS REALLY GOOD.
MAYBE SOME OF THESE WERE TAKEN OFF THE LIST FROM LAST TIME.
I MEAN, THERE'S A LOT OF COMMISSIONER KING ACTUALLY TOOK MOST OF WHAT WAS LAST FROM LAST YEAR.
AND THEN WE, HE HAD SOME ITEMS RELATING TO CLIMATE CHANGE.
COMMISSIONER GREENBERG MADE A SUGGESTION ABOUT THE FACT THAT, UH, WE DON'T HAVE ANYBODY IN FORCING NOISE ORDINANCES YET WE'RE PASSING, UM, YOU KNOW, ALLOWING PEOPLE TO PLAY MUSIC THAT LIVABILITY.
SO THOSE WERE ESSENTIALLY THE DIFFERENCES FROM LAST YEAR.
DO YOU HAVE ANY THING YOU WANT TO ADD TO THAT COMMISSIONER KING? NO, I DON'T.
AND, BUT I DO APPRECIATE THAT THE FEEDBACK WE GOT AND I DO REALLY APPRECIATE WORKING WITH YOU COMMISSIONER DINKLER, I THINK YOUR REQUEST OF CITY STAFF TO FIND OUT HOW, HOW MANY OF OUR RECOMMENDATIONS LAST YEAR THEY HAD IMPLEMENTED AND TO WHAT EXTENT IS VERY IMPORTANT.
AND EVEN IF THEY DON'T IMPLEMENT OUR RECOMMENDATIONS, WE STILL SHOULD MAKE OUR RECOMMENDATIONS AND ASK THEM AGAIN NEXT YEAR.
HOW, HOW MANY OF THEM DID YOU RECOMMEND, DID YOU IMPLEMENT? AND I THINK THAT'S REALLY IMPORTANT.
SO MAYBE WHAT WE COULD DO, COMMISSIONER DRINKER, IF THAT'S OKAY WITH YOU IS TO SHARE WITH THE OTHER COMMISSIONERS THROUGH ANDREW, THE FEEDBACK YOU DID RECEIVE.
I THINK THAT WAS VERY HELPFUL, CERTAINLY FOR THAT TIM TOMORROW AND MAYBE THURSDAY SINCE I MAY BE A TINY BIT TIRED TOMORROW.
UH, I MOVED THAT WE SUBMIT THESE RECOMMENDATIONS.
I'M GOING TO, CAN I SAY I'M GOING A SECOND.
ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THAT'S UNANIMOUS.
WE DON'T HAVE ANYTHING FOR C3, I DON'T THINK.
[D. FUTURE AGENDA ITEMS]
ON TO D AND ADDING A FUTURE AGENDA ITEM SOUNDED LIKE COMMISSIONER'S DINKLER AND GREENBERG WANTED TO SPONSOR DISCUSSION AND POSSIBLE ACTION, YOU KNOW, SIMILAR LANGUAGE TO C1.WITH THE RECOMMENDATION THAT YOU GUYS WILL SEND ME, WHAT ELSE JUST, IS IT ME AND GREENBERG? ANYBODY ELSE? HMM.
I THINK DAVID, DID YOU COMMISSIONER KING? DID YOU RAISE YOUR HAND? HE DOES.
THEN, UM, ANYTHING ELSE? FUTURE AGENDA ITEMS. WHEN ARE WE GETTING OUR ASM? P A S M P.
SHOULD WE TALK TO CURTIS WHILE HE WAS HERE? SURE.
[E. COMMITTEE REPORTS & WORKING GROUPS]
E[04:20:01]
WE DID HAVE A CODES AND NORTON SAYS JOINT SUBCOMMITTEE.SINCE LAST TIME WE TALKED ABOUT BMU.
UM, AND THEN THEY TALKED ABOUT IT, THE FOLLOWING, UH, TUESDAY AT PLANNING COMMISSION AND I WAS LISTENING AND I LIKE FELL ASLEEP.
I WAS LISTENING TO IT, BUT, UM, SO I THINK THEY GOT SOME GOOD FEEDBACK ON THAT.
IT WAS A VERY PRODUCTIVE CONVERSATION.
I DON'T REMEMBER EXACTLY WHERE THEY LANDED MINI, I THINK FOUR OF THEIR FI FIVE THINGS MOVE FORWARD OR SOMETHING.
COMPREHENSIVE PLAN, JOINT COMMITTEE, ANY UPDATES? WE HAVE NOT HAD A MEETING SINCE OUR LAST GROUP.
A SMALL AREA PLANNING JOINT COMMITTEE.
WE HAVE A MEETING ON THE 13TH OF APRIL.
UM, AND ONION CREEK AND LOCALIZED FLOODING WORKING GROUP.
NAH, WE NEED ANNA BACK ON, UH, SHE'S PASSIONATE.
SHE'S ON THE ENVIRONMENTAL COMMISSION NOW.
THE CHAIR REGARDING THAT ITEM, I BELIEVE THAT WE'RE WAITING FOR IT.
MAYBE COMMISSIONER DECKLER CAN REMIND US ABOUT THAT.
ARE WE WAITING FOR SOME FOLLOWUP FROM THE WATERSHED ABOUT THE ACCORDING TO THE SHIP WAS GOING TO DO A PRESENTATION? WOULD YOU REPEAT THAT? I APOLOGIES.
UM, WATERSHED WAS SUPPOSED TO MAKE A PRESENTATION DOES, BUT I'M NOT EVEN SURE WHAT THE PRESENTATION WAS ABOUT.
SO IT WAS, I THINK IT WAS GOING TO BE ABOUT LOCALIZED FLOODING IN THEIR VIEWER ABOUT THOSE PROBLEM AREAS OF THE CITY THAT, THAT, THAT YEAR THAT THEY HAVE SOUNDS GOOD TO ME.
MEANING ALL HAVE TO HAVE COMMISSIONER HANK, UH, SMITH SPEC, GIVE YOU A LITTLE MORE DETAIL AT THE NEXT MEETING, BUT, BUT THAT THAT'S AN IMPORTANT ISSUE AND YOU KNOW, WE'RE GOING TO CONTINUE TO DO, UH, YOU KNOW, UH, WORK ON THIS SO WE CAN BRING THIS BACK AND, AND ALSO, UH, YOU KNOW, INFORM THE COMMUNITIES ABOUT, OR THE PUBLIC ABOUT THE LOCALIZED FLOODING ISSUES AND WHAT A WATERSHED IS PLANNING TO DO.
MEETING A JOURNEY TURNED 10 39 UNDER THE Y.
HI, GOOD TO SEE EVERYBODY TAKE CARE OF RIGHT HERE TOO.
SO GOES THE GREATEST STORY THAT EVER HAD RUNNING AROUND, LIKE.