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[00:00:12]

RIGHT.

UH, APOLOGIZE FOR THE SLIGHT DELAY.

UM, THE

[Determination of Quorum / Meeting Called to Order]

TIME IS SIX 11 AND, UM, WE HAVE A QUORUM THIS POINT.

SO WE'RE GOING TO GET STARTED WITH THIS APRIL 12TH MEETING AND THE PLANNING COMMISSION.

UH, WE'LL START WITH THE ROLL CALL.

UM, START WITH THOSE ON THE DIOCESE.

I'LL CALL YOUR NAME, JUST ACKNOWLEDGE YOUR PRESENCE.

UM, AND START OVER HERE WITH VICE CHAIR HEMPHILL HERE.

UH, THIS IS YOUR CHAIR, CHER SHAW, AND, UH, COMMISSIONER THOMPSON HERE, UH, AND ON THE SCREEN TO SEE, UM, COMMISSIONER MITCH TODDLER PRESENT, UH, COMMISSIONER SHEA HERE, MR. HOWARD HERE, MR. SCHNEIDER HERE, COMMISSIONER PRAXIS AND COMMISSIONER FLORES.

ALL RIGHT.

AND WE MIGHT HAVE SOME OTHER DESTROYING THIS AS WE MOVE ALONG.

UM, I WOULD ALSO LIKE TO RE UH, RECOGNIZE OUR, THE VOA CHAIR, JESSICA COHEN, UH, HERE THIS EVENING, JOINING US.

AND, UH, JUST QUICK ANNOUNCEMENT.

THIS IS A HYBRID MEETING.

WE'LL HAVE FOLKS, UH, BOTH ON THE COMMISSION, UH, VIRTUALLY ATTENDING AND ON THE DAYAS AS WELL, AS WELL AS SPEAKERS THAT ARE, UM, ABLE TO SPEAK, UH, VIRTUALLY AND THOSE PRESENT IN THE CHAMBERS.

SO, UM, WE ALSO, UH, GOOD FOR BEING ABLE TO HEAR US.

AND FOR US TO HEAR YOU IS MASK ARE PREFERRED, BUT NOT REQUIRED.

SO FOR SURE IF YOU COME UP TO THE DIOCESE, IT, UM, YOU ARE ABLE TO REMOVE YOUR MASK AND SPEAK THEN, BUT, UM, AGAIN, PREFERRED NOT REQUIRED FOR MASS.

AND WE HAD AN ANNOUNCEMENT.

UM, WE'LL HAVE TWO DISCUSSION CASES, I THINK THIS EVENING, UM, THERE'LL BE ABOUT 45 MINUTES.

SO, UM, MR. RIVERA WILL SEND YOU NOTICE WHEN WE'RE READY FOR THE SECOND DISCUSSION CASE.

OKAY.

SO, UM, JUST WANT A COMMISSIONER, JUST SOME HOUSEKEEPING ITEMS, UH, HAVE YOUR GREEN, YELLOW, GREEN, RED, AND YELLOW CARDS AVAILABLE, JUST SO I CAN, UM, SEE YOUR BOATING.

UH, I WILL BE TRACKING THE NAYS AND THE EXTENSIONS.

I'LL STATE THOSE DURING THE BOAT.

AND, UH, AGAIN, ONLINE, PLEASE REMEMBER TO STAY MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.

AND IF I DO MISS YOU, UM, PLEASE GO AHEAD AND SPEAK UP AND I'LL TRY TO RECOGNIZE YOU.

IT'S TRYING TO KEEP TRACK OF THINGS UP HERE AND ON THE SCREEN CAN BE CHALLENGING SOMETIME.

[PUBLIC COMMUNICATION]

OKAY.

DO WE HAVE ANY CITIZEN'S COMMUNICATION THIS TODAY? SURE.

COMMISSIONER LENO'S ON ANDREW.

VERY, YES, WE HAVE MR. PAULUS PRESENT TO ON THE TELECONFERENCE TO PROVIDE REMARK DURING PUBLIC COMMUNICATION.

MR. PAULUS, IF YOU'LL SELECT STAR SIX AND PROCEED WITH YOUR REMARKS, THANK YOU.

COMMISSIONER SMITH, GRASSROOTS, ENVIRONMENTAL, NONPROFIT COLLEGE YOU ACCESS.

I SPOKE BEFORE THIS COMMISSION ALMOST TWO YEARS AGO REGARDING A CASE THAT WOULD HAVE HARMED OUR 17 YEAR PROJECT OF CONVERTING AN ABANDONED AND CONTAMINATED CITY DUMP TO A THRIVING NATURE PRESERVE AND CUNY ASSET IN MONTOPOLIS.

THE CASE WAS AT 5 0 8 CHEM STREET, AND THE DEVELOPERS WANTED US TO UP STONE FROM IN THE MIDDLE OF A LOW-INCOME NEIGHBORHOODS.

THAT REMAINS ONE OF THE LAST BASTIONS OF TRULY AFFORDABLE FAMILY FRIENDLY HOUSING STOCK IN THE CITY.

I WANTED TO SPEAK WITH YOU TODAY BECAUSE I RECENTLY REVIEWED THE PLANS TO SUBDIVIDES A LOT AND WANTED TO BRING TO YOUR ATTENTION HOW DISAPPOINTED I WAS AND CONTINUED TO BE WITH THIS COMMISSION'S ACTIONS REGARDING THAT CASE.

AND FRANKLY, MANY MORE RECENT PLANS REVEALED THAT WHAT THE COMMUNITY HAD TRIED TO COMMUNICATE TO THIS COMMISSION, DESPITE ALL THE OBSTACLES PUT UP TO SPEAK BEFORE YOU DURING THE PANDEMIC WAS RIGHT, ALL ALONG.

WE HAD TOLD YOU THE PLANS TO UPDATE ON THE PROPERTY.

WE'RE NOT TENABLE BECAUSE WE KNOW THE PROPERTY AND LIMITATIONS IN TERMS OF LAND USE HISTORY, DRAINAGE ISSUES, STEEP GRADE, AND PROXIMITY TO CRITICAL ENVIRONMENTAL FEATURES.

WE ALSO KNEW THANKS TO LOOSE TAUGHT FROM ONE OF THE APPLICANT'S INVESTORS TO A NEIGHBOR THAT HE ASSUMED WOULD SUPPORT THE PROJECT, THAT THERE WAS NEVER ANY INTENTION TO BUILD WHAT THEY PRESENTED TO THIS COMMISSION, BUT THEY WERE ONLY AFTER THE ZONING CHANGE TO INCREASE THE LOT VALUE AND HELP OPEN THE FLOOD GATES TO MORE PROJECTS IN THE NEIGHBORHOODS, WHICH THIS COMMISSION OBLIGED AGAINST THE RECOMMENDATIONS OF CITY STAFF AND THE OPERATIVE REPORT THAT MANY OF YOU PRETENDED TO TAKE INTEREST IN.

WE HAD SEVERAL SPEAKERS TALK TO THIS COMMISSION ON THIS MATTER.

YEAH, MOST OF YOU IGNORED US.

IN FACT, A FEW COMMISSIONERS WENT EVEN FURTHER AND REPEATED OUTRIGHT FALSES ABOUT THE PROJECT, BOTH TO OTHER COMMISSIONERS PRESENT.

AND LATER TO MEDIA OUTLETS.

ONE OF YOU WENT ONLINE TO INSULT OUR COMMUNITY'S COLLECTIVE INTELLIGENCE ABOUT WHAT WAS BEST FOR US WHILE ANOTHER MEMBER VOTED IN FAVOR OF THE REZONING, EVEN THOUGH HIS

[00:05:01]

EMPLOYER WAS PART OF THE PROJECT, AND YET ANOTHER MEMBER WAS VISIBLY SLEEP DURING COMMUNITY INPUT, THE DECISION TO SUPPORT THE REZONING AND LAY THE BURDEN ON THE COMMUNITY TO ORGANIZE RESISTANCE, TO LIES AND DECEIT FROM, FROM COMMISSIONERS AND PAID LOBBYISTS WAS SHAMEFUL.

WHAT A WASTE OF OUR TIME AND ENERGY.

I WANT THIS COMMISSION TO BE AWARE OF HOW MUCH DAMAGE YOU ARE DOING TO AUSTIN'S LOW INCOME COMMUNITIES.

WHEN YOU SPEAK ABOUT EQUITY AND PROTECTING VULNERABLE NEIGHBORHOODS, BUT DO THE EXACT OPPOSITE AT ALMOST EVERY CHANCE THAT COMES BEFORE YOU, LIKE YOU DID WITH 5 0 8 KEMP CASE.

I WANT YOU TO KNOW HOW SELF-DEFEATING IT IS TO ROUTINELY SIDE WITH DEVELOPERS WHENEVER THE TERM AFFORDABLE, THROWN AROUND, REGARDLESS OF WHETHER THEY FOLLOW THROUGH OR WHETHER SOMETHING IS ACTUALLY AFFORDABLE TO THE NEIGHBORHOOD THAT CASES ARE IN.

I WOULD LIKE YOU TO THINK ABOUT THE POWER YOU HAVE ON THE COMMISSION FOR SHAPING AUSTIN'S FUTURE.

AND SPECIFICALLY ABOUT THE POWER OF SAYING NO, IF YOU SAY YES TO EVERYTHING BEFORE YOU, AS THIS COMMISSION IS PRONE TO DO THE DEVELOPERS KNOW THEY DON'T HAVE TO PROVIDE MORE TOLERABILITY AND THEY WILL CONTINUE TO OFFER THE BARE MINIMUM REQUIRED, AND WE WILL CONTINUE TO CREATE AN UNAFFORDABLE CITY.

LASTLY, I WANT TO SAY THANK YOU TO THE FEW COMMISSIONERS THAT DID LISTEN AND HEAR US.

THANK YOU FOR YOUR SERVICE AND SINCERITY ABOUT BUILDING A MORE EQUITABLE THE CITY, THE COMMUNITY HERE.

TRULY APPRECIATE YOUR VOICE.

THANK YOU.

AND GOOD NIGHT.

THANK YOU.

UH, SPEAKER, UM, IF YOU'RE STILL THERE, CAN YOU JUST TELL ME THE CASE? WAS THAT, AND WHAT WAS THE DATE? DO YOU KNOW THE DATE? THAT, THAT WAS HER.

CAN YOU HEAR ME RIGHT NOW? YES.

UM, I DON'T, IT WAS A FIVE-WEEK SEMINAR.

UH, IT WAS IN AUGUST, I THINK IT WAS IN THE SUMMER OF 2020.

UM, OKAY.

THANK YOU.

THE ADDRESS IS HELPFUL.

THANK YOU.

YEAH, APPRECIATE THAT.

OKAY.

UM, WE ARE, UH, THE FIRST ITEM,

[Reading of Agenda]

SECOND ITEM ON OUR AGENDA IS APPROVAL OF MINUTES.

UM, COMMISSIONERS, DO WE HAVE ANY, UM, CHANGES TO THE MARCH 22ND, UM, MINUTES THAT WERE POSTED? ALL RIGHT.

UH, SEEING NONE, WE WILL ROLL THAT INTO THE CONSENT AGENDA AND I'M GOING TO HAVE ASSISTANCE FROM COMMISSIONER FLORES, WHO WILL DO THE FIRST READING OF OUR AGENDA, UM, UH, CASES THIS EVENING.

OKAY.

THANK YOU VERY MUCH.

ALL RIGHT.

WE HAVE A ONE APPROVAL OF MINUTES.

UM, EIGHT PUBLIC HEARINGS BE ONE PLAN AMENDMENT NPA 20 20 0 0 1 5 0.02 S H 2011 AND 20 15 8 M FRANKLIN.

THAT ITEM IS, UM, UP FOR NEIGHBORHOOD POSTPONEMENT TO APRIL 26 82 REZONINGS C 14 20 22 0 0 0 8 POINT S H 2011 AND 20:15 PM.

FRANKLIN, THAT ITEM IS ALSO UP FOR NEIGHBORHOODS POSTPONEMENT TO APRIL 26, B3 PLAN AMENDMENT NPA 20 21 0 0 1 0 0.0 1 2400 EAST CESAR CHAVEZ, PARKING AND EXPENSE EXPANSION.

THAT ITEM IS AN APPLICANT INDEFINITE POSTPONEMENT BEFORE REZONING C 14 20 21 0 1 21, 2400 EAST CESAR CHAVEZ.

PARKING.

THAT ITEM IS ALSO, UH, APPLICANT INDEFINITE POSTPONEMENT B FIVE PLAN AMENDMENT NPA 20 21 0 0 1 5 0.0 2 31 0 1.

IF IT'S ROAD ITEMS UP FOR CONSENT, B SIX REZONING SCENE 14 20 21 0 1 3 4 31 0 1 HABITS ROAD.

THAT ITEM IS ALSO A PRE-CONSENT B SEVEN PLAN AMENDMENT NPA 20 20 0 0 1 5 0.01 AUSTIN SPORTS FACILITY.

THIS ITEM HAS BEEN WITHDRAWN BY THE APARTMENTS B EIGHT REZONING C 14 20 21 0 1 25.

AUSTIN SPORTS FACILITY IS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT TO BE NINE PLAN AMENDMENT NPA 20 21 0 0 1 6 0.05 POINT S H LED MAKE APARTMENTS.

THIS ITEM IS UP FOR CONSENT.

THE 10 REZONING SEE 14 20 21 0 1 7 TO LIVE, MAKE APARTMENTS.

THIS ITEM IS A PERCENT B 11 RESTRICTIVE COVENANT AMENDMENT C 14 85, 2 4 4 PART SEVEN, RCA NUMBER 3 1 0 0 0 1.

NORTH CAPITAL, TEXAS HIGHWAY RCA.

THIS ITEM IS UPWARD CONSENT.

B12 REZONING C 14 20 21 0 1 8 3 43 0 3 AND 43 0 7 SPEEDWAY.

[00:10:01]

THIS ITEM IS FOR APPLICANT INDEFINITE POSTPONEMENT B 13, REZONING C H ONE FOR 20 21 0 1 7 5 6 14 SOUTH FIRST STREET PUTT.

THIS ITEM IS UPPER STAFF, INDEFINITE POSTPONEMENT C 14, REZONING CA 1 4 9 7 0 0 1 0.15 LEANDER REHABILITATION CREDIT AMENDMENT NUMBER 16.

THIS ITEM IS UP FOR STAFF INDEFINITE POSTPONEMENT B 15 C 14 20 22 0 0 0 3 LIGHTEN LANE RESIDENCES.

THIS ITEM IS UP FOR DISCUSSION, UM, B 16 SITE PLAN COMPATIBILITY WAIVER REQUEST AS THE 20 21 0 1 0 2 C 1400 CEDAR AVENUE.

THIS ITEM IS UPWARD DISCUSSION B 17 FINAL CLASS OUT OF APPROVED PRELIMINARY PLAN C H J 2009 0 1 4 2 0.0 5.18 .

THIS ITEM IS APPROVED CONSENT AND B 18 FINAL FLAT C 8 20 20 0 1 8 8 0.0 A 1940 WEBER REAL ROAD SUBDIVISION.

THIS ITEM IS APPROVED CONSENT.

THAT IS THE CONSENT AGENDA.

THANK YOU, COMMISSIONER FLORES.

DO WE

[Consent Agenda]

HAVE ANY COMMISSIONERS THAT NEED TO RECUSE THEMSELVES FOR ANY OF THE ITEMS POSTED THIS EVENING? ALL RIGHT.

SEE, NONE.

UH, GO AHEAD AND, UM, LET'S SEE.

YEP.

UH, ANY COMMISSIONERS WISH TO PULL ANY OF THE ITEMS THAT ARE ON CONSENT FOR DISCUSSION? OKAY.

SEEING NONE.

UM, CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA? WHICH INCLUDES APPROVAL OF THE MARCH 20? OH, LET ME GO AND DO ONE MORE READING.

I'M JUMPING AHEAD HERE JUST TO MAKE SURE WE GOT THIS RIGHT.

SO I'M GOING TO READ THROUGH THESE QUICKLY.

UM, AND THEN WE'LL, I'LL ASK FOR A MOTION.

SO WE'VE GOT, UM, APPROVAL OF MINUTES, UH, FROM MARCH 22ND, UH, ITEMS B ITEM B ONE PLAN AMENDMENT NEIGHBORHOOD POSTPONEMENT TO APRIL 26.

YOU HAVE AN, A B2 NEIGHBORHOOD, UH, PLUS PERMIT TILL TWO 20, UH, APRIL 26, ITEM B3 PLAN, AMENDMENT APPLICANT, INDEFINITE POSTPONEMENT, AND A BEFORE APPLICANT INDEFINITE POSTPONEMENT ITEM B FIVE PLAN AMENDMENT IS ON CONSENT ITEM B SIX.

REZONING IS ON CONSENT ITEM B SEVEN PLAN AMENDMENT WITH RON BY APPLICANT AND A B EIGHT REZONING WITHDRAWN BY APPLICANT ITEM B NINE.

PLAN AMENDMENT IS ON THE SIGNED CONSENT.

I ENDED TO BE 10 A REZONE.

IT'S NOT A CONSENT.

I JUST NEED TO READ THIS INTO THE RECORD.

IT'S RECOMMENDED BY STAFF AND INCLUDES EXHIBIT A, WHICH ARE LISTS OF USES THAT ARE AGREED TO BY THE NEIGHBORHOOD AND THE APPLICANT FINISHING LIES ON HEAD VARIABLE.

JUST TO NOTE THAT AS ALSO ETHICAL BY REVIEW BY THE LAW DEPARTMENT.

OKAY.

THANK YOU.

ITEM B 11 RESTRICTIVE COVENANT AMENDMENT, UH, IS ON CONSENT B12 REZONING APPLICANT, INDEFINITE POSTPONEMENT B 13 REZONING STAFF, INDEFINITE POSTPONEMENT ITEM B 14, REZONING STAFF, INDEFINITE POSTPONEMENT ITEM B 15 REZONING ON CONSENT.

NOPE, THAT ONE'S ON DISCUSSION.

THANK YOU.

UH, ITEM B 16 SITE PLAN COMPETITOR.

THE LIDL WAIVER REQUEST IS A DISCUSSION ITEM VIEW 17 FINAL PLAT OUT OF APPROVED PRELIMINARY PLAN IT'S ON CONSENT AND FINALLY BE 18.

FINAL PLAT IS ON CONSENT.

UM, SO I THINK THAT CAPTURES, UM, OUR CONSENT AGENDA.

UH, DO I HAVE A MOTION TO CLOSE PUBLIC HEARING APPROVE THE CONSENT AGENDA, INCLUDING THE MINUTES? YES.

KARISHA THIS IS COMMISSIONER MUCH TALLER.

I WAS GOING TO ASK IF WE COULD POSSIBLY GET MORE INFORMATION ON THE RECOMMENDATION, UM, IN THE CONSENT AGENDA TO, UM, TAKE AWAY THE PUBLIC RESTRICTIVE COVENANT AT 1000 NORTH CAPITOL OF TEXAS HIGHWAY.

I'M TRYING TO LOOK AT WHICH NUMBER THAT WAS.

I'M SORRY.

IT'S M C 14 85, 2 44.

[00:15:12]

OH, SO WHAT IS YOUR REQUEST NOW THAT I'M LOOKING AT THE ITEM COMMISSIONER MITCH TODDLER.

YEAH, I GUESS I'M ASKING TO PULL IT SO WE CAN HAVE MORE INFORMATION FROM STAFF AND NOT, NOT TAKE IT ON CONSENT, BUT ACTUALLY LISTENED TO THE STAFF PRESENTATION ABOUT WHAT'S GOING ON WITH THAT PROPERTY.

OKAY.

IF THAT'S A YES.

IF THAT'S YOUR WISH TO PULL THAT WE WILL DO THAT.

SO, UM, SO JUST NOTE, WE ARE GOING TO PULL ITEM B 11 FOR DISCUSSION THIS EVENING.

UM, JUST CHECK ON ORDER.

UH, ARE WE PREPARED TO TAKE THAT ONE AT FIRST? SURE.

COMMISSIONING WAS AN AMARILLO YESTERDAY WHERE WE HAVE THE APPLICANT PRESENT.

OKAY.

THANK YOU.

ALL RIGHT.

SO, UM, NOTE THE CHAINS THERE.

ITEM B 11 RESTRICTIVE COVENANT AMENDMENT WILL BE A DISCUSSION ITEM AND WE'LL TAKE THAT UP FIRST.

OKAY.

THANK YOU.

UM, DO WE HAVE A MOTION TO CLOSE PUBLIC HEARING APPROVE THE CONSENT AGENDA, INCLUDING THE MINUTES FROM MARCH 22ND? UH, VICE CHAIR.

HEMPEL YOU HAVE A SECOND, UH, COMMISSIONER SCHNEIDER.

LET'S GO AHEAD AND TAKE A VOTE.

AND, UH, THAT WAS ON THE DIOCESE AND THOSE VIRTUALLY THANK YOU.

THAT'S UNANIMOUS.

ALL RIGHT.

[B11. Restrictive Covenant Amendment: C14-85-244, Part 7 (RCA #3) - 10001 N. Capital of Texas Highway RCA; District 7]

SO THE FIRST DISCUSSION CASE WILL BE ITEM B 11 AND WE'LL START WITH THE STAFF PRESENTATION.

OKAY, GOOD EVENING.

COMMISSIONERS, SHERRY SWEDISH FROM THE HOUSING AND PLANNING DEPARTMENT.

THIS IS ITEM B 11, WHICH IS KC 1485 TO 44 PARTS SEVEN RCA.

NUMBER THREE, IT'S LOCATED AT 1001 NORTH CAPITOL OF TEXAS HIGHWAY.

THEIR REQUESTS IS TO AMEND THE RESTRICTIVE COVENANT CONDITIONS FOR THIS PROPERTY.

IN THIS CASE, THE APPLICANT IS REQUESTING TO AMEND THE PUBLIC RESTRICTIVE COVENANT ASSOCIATED WITH ZONING CASEY 1485 TO 44, THAT WOULD PROHIBIT STU DEVELOPMENT ON THE PROPERTY FROM EXCEEDING MAXIMUM FLORIDA AREA RATIO OR FAR 0.921 REQUIRES A PUBLIC SITE PLAN REVIEW REQUIRES THAT ANY DEVELOPMENT COMPLY WITH THE ROADWAY MAP ON PAGE 40 OF THE GOLDEN TRIANGLE STUDY AND STATES THAT AT THE TIME OF SUBDIVISION APPROVAL, THE APPLICANT WILL DEDICATE RIGHT-OF-WAY TO THE CITY.

SPECIFICALLY, THE APPLICANT'S REQUEST IS TO REMOVE THESE CONDITIONS FOR THIS 3.6 ACRE PROPERTY.

SO THAT DEVELOPMENT ON THIS SITE CAN COMPLY WITH THE SITE DEVELOPMENT STANDARDS FOR THE COMMERCIAL MIXED USE SUBDISTRICT IN THE NORTH BURNET GATEWAY REGULATING PLAN.

THE STAFF RECOMMENDS THE APPLICANT'S REQUEST TO DELETE THESE CONDITIONS FOR THIS PROPERTY AND THE PUBLIC RESTRICTIVE COVENANT, BECAUSE THE APPLICANT IS CURRENTLY PROPOSING TO REDEVELOP THIS PROPERTY IN IMPORTANCE WITH THE DEVELOPMENT REGULATIONS APPROVED WITH THE NORTH VERNON GATEWAY REGULATING PLAN THAT ALLOW FOR A TWO TO ONE FAR ON THE PROPERTY.

THIS TRACT OF LAND WAS RESIGNED FROM CX NPA TO MBG CMU P UH, THROUGH THE REZONING CASE FOR THE NORTH BURNET GATEWAY NEIGHBORHOOD PLAN REZONINGS AND AS KC 14, 2008 0 180 2 IN 2009.

AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE THE CHAIRMAN I'LL PROCEED WITH THE APPLICANT, MR. DAVID HARTMAN, MR. HARTMAN, YOU'LL HAVE FIVE MINUTES, MEANING CHAIR AND COMMISSIONERS DAVID HARTMAN ON BEHALF OF THE APPLICANT, I'M HAPPY TO RUN THROUGH THE PRESENTATION.

AND IF YOU'D LIKE, IT SAYS THE PLEASURE OF THE COMMISSION.

GO AHEAD AND GO TO THE NEXT SLIDE.

IT'S TRACKED AS HAS BEEN DESCRIBED AS ABOUT FOUR ACRES AT A 1000 NORTH CAPITOL TEXTILE WAY ADJACENT TO MOPAC TOLL ROAD IN 1996, THE CITY APPROVED A GOLDEN TRIANGLE STUDY THAT APPROVED REZONING FOR ABOUT 4,500 ACRES AND THE AFFILIATED 1986 PER PUBLIC RESTRICTIVE COVENANT BURDENED ABOUT 70 OR SO ACRES, INCLUDING THE SUBJECT TRACT TO 0.9 TO ONE FAR, AND ALSO ZONED IT BASICALLY TO SEE US NP, UM, FAST FORWARD TO 2009, THE NORTH BERNHARDT GATEWAY REGULATING PLAN REZONED THE PROPERTY TO COMMERCIAL MIXED USE, WHICH BASICALLY APPROVES AUTHORIZES TWO TO ONE FAR.

UM, SAME AS CSS ZONING DISTRICT.

UM, WE SUBMITTED THE APPLICATION BASICALLY TO AMEND THE RESTRICTIVE COVENANT, TO RELEASE THE PROPERTY FROM THAT RESTRICTIVE COVENANT.

SO WE COULD DEVELOP AN ACCORDANCE WITH THE NORTH BURNETT GATEWAY REGULATING PLAN.

AND THEN THE BACKUP IS THE PRIOR TWO ADJACENT, UH, RESTORATIVE COVENANT AMENDMENTS THAT WERE APPROVED UNANIMOUSLY BY

[00:20:01]

THE PLANNING COMMISSION AND BY COUNCIL STASH RECOMMENDING APPROVAL.

IF YOU'LL GO TO THE NEXT SLIDE, THIS IS THE SUBJECT TRACT AGAIN, MOPAC TOLL ROAD TO THE EAST, RIGHT AT NORTH CAPITOL, TEXAS HIGHWAY AT THE CONFLUENCE OF A LOT OF, UM, TRANSPORTATION AREAS.

NEXT SLIDE, A SUBJECT TRACK NORTH BURNET GATEWAY AND P ZONING.

NEXT SLIDE.

THIS SHOWS THE TWO ADJACENT RESTRICTIVE COVENANT AMENDMENTS ONE'S BEING DEVELOPED TODAY AS A SENIOR LEVEL SENIOR LIVING CENTER.

AND OTHER ONES I THINK PROPOSED FOR MULTIFAMILY ARE SUBJECT TRACKED.

IS IT HIGH HOTEL? EXCUSE ME, NEXT TRACK.

NEXT SLIDE.

EXCUSE ME.

WE'LL JUST FLIP THROUGH THESE, THIS JUST KIND OF SHOWING THAT WE'RE BOUNDED BY A BUNCH OF CAT METRO ROUTES AND STOPS.

THE NEXT SLIDE SHOWS.

THERE WERE BOUNDED OBVIOUSLY BY S AND P STREETS.

UM, NEXT SLIDE SHOWS THAT OBVIOUSLY ADJACENT URBAN TRAILS.

THE NEXT SLIDE, UM, SHOWS THAT WE'RE ADJACENT TO AUSTIN BIKES PATH NETWORK THAT'S BEEN APPROVED.

NEXT SLIDE IS BASICALLY OUR SUMMARY REQUEST.

AGAIN, THE PROPERTY TODAY, SIMILAR TO THE TWO PRIOR RESTRICTIVE COVENANTS IS BURDENED BY THIS RESTRICTIVE COVENANT FROM 1980 6.9 TO ONE FAR, WE'RE ASKING THAT IT'D BE ELIMINATED, UM, SO THAT WE CAN DEVELOP IN ACCORDANCE WITH THE NORTH BURNETT GATEWAY REGULATING PLAN.

THERE'S MORE INFORMATION ABOUT THAT PLAN AND THE BACKUP, AND WE CAN TALK ABOUT IT AS WELL, AND WE RESPECTFULLY REQUEST YOUR APPROVAL.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

SURE.

COMMISSIONER ELIZA ANDOVER.

WE HAD NO OTHER SPEAKERS, HER REGISTERED ON THIS ITEM ON A FUEL.

UH, ONCE I ALLOW AN ADDITIONAL THREE MINUTES TO THE, UH, APPLICANT.

OKAY.

APPLICANT WAVES, THE REBUTTAL.

UM, ALL RIGHT.

LET'S I GUESS GO AND CLOSE PUBLIC HEARING AND WE'LL GET INTO Q AND A, UH, COMMISSIONER SCHNEIDER PUBLIC HEARING.

OKAY.

DO YOU HAVE A SECOND VICE OR HUMBLE? IT'S GOING TO VOTE TO CLOSE THE PUBLIC HEARING.

ALL RIGHT.

OKAY.

THAT'S UNANIMOUS.

UM, SO QUESTIONS, UH, MR. MOOSE TODDLER, YOU WANNA LEAD US OFF? I CAN.

UH, CAN YOU UNMUTE, SORRY ABOUT THAT.

YEAH.

CAN WE LOOK AT THE SITE MAP AGAIN? I WAS TRYING TO MAP IT OUT ON THE GOOGLE EARTH AND I'M FINDING IT RIGHT NEXT TO THE WILD BASIN PRESERVE AND THE LOUIE INTERFACE AS WELL AS NEAR THE ST MICHAEL'S CHURCH.

SO I'M, I THINK I'M MAYBE CONFUSED ON THE LOCATION THAT COULD ANSWER SOME QUESTIONS.

OKAY.

WE'RE LOOKING AT THE, SOME OF THE, HERE YOU GO.

HERE'S THE SITE PLAN OR WHICH ONE DO YOU WANT TO LOOK AT? UH, IT'S ARIEL.

OKAY.

I MUST HAVE, I MUST HAVE BEEN LOOKING AT THE SOUTH CAPITAL OF TEXAS HIGHWAY LOCATION.

SO IS THIS JUST TRYING TO FIGURE OUT WHERE, SO THIS IS RIGHT AT THAT INTERCHANGE.

IT'S NOT FURTHER UP 360, NOT FURTHER UP THE NORTH CAPITOL OF TEXAS.

I THINK I HAD THE WRONG LOCATION ON THAT.

OKAY.

DO WE WANT TO, OKAY.

UM, AND JUST OUT OF CURIOSITY, DO WE HAVE ANY ADDITIONAL INFORMATION ON WHAT THAT NORTH BURNETT GATEWAY PLAN WAS CALLING FOR? WHETHER THERE WAS A DISCREPANCY BETWEEN THE RESTRICTIVE COVENANT AND THE PLAN? SURE.

UM, BUT WHO DO YOU WANT TO ANSWER THAT QUESTION? I'M ASSUMING THAT'S A STAFF QUESTION.

OKAY.

BASICALLY THAT THE RESTRICTIVE COVENANT WASN'T RECOGNIZED WHEN THEY DID THE NORTH BANNER GATEWAY REZONINGS THEY DIDN'T LOOK AT THAT WHEN THEY WERE DOING THE REZONINGS FOR THE PROPERTIES.

SO THE RESTRICTIVE COVENANTS JUST EXIST THERE AND THEY'RE TIED TO THE DEEDS FOR THE PROPERTIES AND THEY EACH INDIVIDUALLY HAVE TO COME ALONG AND REMOVE THOSE CONDITIONS THROUGH THIS PROCESS, IF THEY WANT TO COMPLY WITH THE CONDITIONS OF THE NORTH BRANCH GATEWAY PLAN.

OKAY.

LET ME SEE IF I HAVE ANY OTHER QUESTIONS.

UM, I THINK I JUST HAD THE WRONG LOCATION AND I WAS CONCERNED ABOUT SOME CONFLICTS WITH SOME OTHER PLANS THAT WERE COMING.

CAUSE I ADDED AT THE, UM, MORE AT THE SOUTHERN END INSTEAD OF THE NORTH END.

SO I APPRECIATE THE CLARIFICATION.

UM, SO, UH, THERE ARE NO OBJECTIONS I'D LIKE TO GO OUT AND MOVE THIS TO A VOTE.

UM, IF WE COULD GO AHEAD AND DO THAT, DO I HAVE A MOTION, UM, ON THIS ITEM LAST YEAR? HUMBLE.

I'LL MAKE A MOTION TO MOVE FORWARD WITH STAFF'S RECOMMENDATION.

ALL RIGHT.

LET'S SEE A SECOND BY COMMISSIONER MITCH TODDLER.

[00:25:01]

LET'S GO AHEAD AND, UH, TAKE A VOTE ON THIS.

OH, ANY DISCUSSION OR CAN WE MOVE TO A VOTE? OKAY.

ALL RIGHT.

NOW DISCUSS LET'S GO AHEAD.

AND, UH, THAT'S ON THE DYES AND THOSE ON VIRTUALLY.

YES, THAT'S UNANIMOUS.

THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU.

OH, OKAY.

THANK YOU VERY MUCH.

UH, YES.

AND WE HAVE, THAT WAS UNANIMOUS.

WE HAVE, UH, COMMISSIONER YONIS.

POLITO WAS NOT PRESENT SHE'S OFF THE SCREEN.

OKAY.

THANK YOU.

ALL RIGHT,

[B15. Rezoning: C14-2022-0003 - Clayton Lane Residences, District 4]

LET'S GO AHEAD AND, UH, GO TO ITEM B 15.

UH, DO WE HAVE STAFF PRESENT TO MAKE PRESENTATION? THANK YOU.

YES.

OTHER CHAFFIN HOUSING AND PLANNING DEPARTMENT.

THE CASE IS C 14 20 22 0 0 0 3.

IT'S CLAYTON LANE RESIDENCES.

THE REQUEST IS TO GO FROM G R M U C O M P T G R M U V M P IT'S AT 1120 AND 1124 CLAYTON LINE.

A STAFF IS SUPPORTING THE REQUEST WITH THE FOLLOWING PROHIBITED AND CONDITIONAL LAND USES.

UH, THESE ARE LAND USES THAT ARE CURRENTLY CONDITIONAL AND PROHIBITED ON THE SITE.

SO THEY'RE CARRYING FORWARD.

THE EXISTING CONDITIONS FOLLOWING LAND USES SHALL BE PROHIBITED AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE RENTALS, AUTOMOTIVE SALES, AUTOMOTIVE, WASHINGTON, VINNY TYPE SERVICE STATION, FUNERAL SERVICES, COMMERCIAL OFF STREET, PARKING BAIL, BOND SERVICES ON SHOP SERVICES.

DROP-OFF RECYCLING SERVICES AND PETTICOATS PETTY CAB STORAGE AND DISPATCH OFFSITE, ACCESSORY PARKING, UH, OF CONDITIONALLY.

AND THE APPLICANT HAS AGREED WITH CARRYING FORWARD.

THESE PROHIBITED LAND LEASES, THE PROPERTY IS CURRENTLY DEVELOPED WITH A SINGLE FAMILY HOUSE AND A 16 UNIT APARTMENT BUILDING WITH TWO BEDROOM HEARTBEATS.

THEY ARE PROPOSING THE APPLICANTS PROPOSING REDEVELOPING THE SITE WITH 52 BEDROOM APARTMENTS AND TWO HUNDRED AND FORTY FIVE ONE BEDROOM APARTMENTS.

UH, THE APPLICANT HAS PROVIDED INFORMATION REGARDING THE CURRENT OCCUPANCY AND A DISPLACEMENT PLANTS.

EXCUSE ME.

UM, DISPLACEMENT IS NOT, UH, PROCESSED AT TIME OF ZONING.

IT'S PROCESSED WHEN THERE ARE SITE DEVELOPMENT PLANS AND PERMITS.

UH, BUT WE GOT THIS INFORMATION AHEAD OF TIME.

THE PROPERTY IS ONE LOT NORTHWEST OF THE INTERSECTION OF CLAYTON LANE AND CAMERON ROAD.

UH IT'S AS I SAID, THERE'S THE RESIDENTS IN THE MULTI-FAMILY RESIDENCE IMMEDIATELY EAST OF THE PROPERTY IS THE, UH, IS A LOT AT THE INTERSECTION OF CLAYTON AND CAMERON ROAD.

AND IT'S OWNED G R M U V C O M P.

AND IT HAS AUTOMOTIVE SALES LAND USE.

UH, THERE ARE A COUPLE OTHER USES TO THE EAST THAT I MISSED ON PREPARING THIS REPORT.

THERE'S ALSO, I BELIEVE A SINGLE FAMILY RESIDENCE AND A DAYCARE.

SO I WILL ADD THOSE IN, UH, WITH THE NEXT ROUND OF UPDATES NORTHWEST OF THE PROPERTY IS, UH, SORRY, IMMEDIATELY NORTH AND WEST OF THE PROPERTY IS LAND ZONED IN G O M U C O M P IT'S TO THE WEST OF THE REZONING TRACT.

IT'S A BIG PARKING LOT THAT SERVES AN OFFICE BUILDING THAT'S NORTH OF THE SUBJECT PROPERTY FURTHER NORTHWEST ALONG CLAYTON LANE IS A SMALL SINGLE FAMILY, RESIDENTIAL NEIGHBORHOOD IT'S OWNED S3 AND PETE AND MULTIFAMILY ZONED MFR , UH, DIRECTLY ACROSS CLAYTON LANE FROM THE SUBJECT.

PROPERTY IS PROPERTY ZONED IN G R M U V C O N P.

THAT'S DEVELOPED WITH MULTI FAMILY RESIDENTIAL ALSO, UH, ACROSS CLAYTON.

MY, EXCUSE ME, UH, OUR PROPERTIES ZONED C O N P THAT ARE DEVELOPED WITH MULTI-FAMILY RESIDENTIAL LAND USES.

UH, THIS SECTION OF CAMERON ROAD IS A CORE TRANSIT CORRIDOR.

THE EAST SIDE OF CAMERON ROAD IS PRIMARILY RESIDENTIAL NEIGHBORHOOD IN THIS AREA.

ALL OF THE PROPERTIES ON THE WEST SIDE OF CAMERON ROAD HAVE THE V YOUR VMU DESIGNATION STAFF SUPPORTS ADDING THE VMU DESIGNATION TO THIS PROPERTY.

IT'S CONTIGUOUS TO THE EXISTING VMU CORRIDOR AND THE DEPTH OF IT ALONG THAT CORRIDOR.

IT MATCHES THE PROPERTY ACROSS CLAYTON LANE TO THE SOUTH.

IF, UH, THE APPLICANT IS PROPOSING REDEVELOPING THE

[00:30:01]

SITE WITH APPROXIMATELY 300 MULTI-FAMILY UNITS, UH, THEY WOULD PROMOTE THE STREET STRATEGIC HOUSING BLUEPRINT, INCLUDING AFFORDABLE HOUSING UNITS, AND I'M AVAILABLE FOR ANY QUESTIONS.

THANK YOU CHAIR.

NOW, WE'LL HEAR FROM THE APPLICANT, MISS ALICE GLASGOW, IF YOU'LL SELECT STAR SIX, PROCEED WITH YOUR MO UH, PRESENTATION, WE'LL HAVE, YOU'LL HAVE FIVE MINUTES.

HE GAVE ME COMMITTED MEMBERS REPRESENTING JCI, RESIDENTIAL, THE PROSPECTIVE DEVELOPER, AND PROSPECTIVE PURCHASER OF THE PROPERTY AS NEW CHEF.

AND HE INDICATED THE PROPERTY CURRENTLY HAS 16 APARTMENT UNIT, THE, UM, 13 OF THE OCCUPIED UNIT, UM, OCCUPIED THREE OF REACH ON MONTH TO MONTH, UM, JCI RESIDENTIAL, UH, INTENDS TO DEVELOP THESE SITES WITH 295 UNIT KIND OF THOSE UNITS.

I'M IN 30 OF THOSE UNITS, WHICH IS, WHICH IS 10% AS REQUIRED BY SUBJECT TO E WILL BE AFFORDABLE AS PRESCRIBED ON THE SUBJECT THAT HE, WE ARE AWARE AND KNOW, I'LL SEE A CITY RELOCATION ORDINANCE AND LOCATION ODDNESS, WHICH REQUIRES DEVELOPERS AT THE TIME OF, UH, REQUESTING A DEMOLITION FROM IT OR BUILDING FROM IT.

AND THAT TYPICAL DISCUSSION, 25 DASH ONE DASH 7 1 2 AND 25 DASH ONE DASH 7 1 3.

FOR THOSE OF YOU MIGHT BE INTERESTED IN LOOKING AT IT, THIS TENANT, YOUR LOCATION ORDINANCE REQUIRES THAT BEFORE YOU APPLY FOR A DEMOLITION PERMIT OR BUILDING PERMIT, YOU HAVE TO NOTIFY THE TENANTS, UH, OCCUPYING THOSE UNITS, UM, FOUR MONTHS BEFORE YOU APPLY FOR ANY ONE OF THOSE PERMITS.

MY CLIENT DOES NOT OWN THE PROPERTY.

HE'S JUST THE PROSPECTIVE BUYER.

SO MY CLIENT'S INTENT THAT OUT UPON OBTAINING THE AND CLOSING ON THE PROPERTY, THAT, UM, THEY WILL LET THE EXISTING TENANTS BE AWARE OF, UH, OPTIONS THAT THE DEVELOPER HAS BEEN OTHER SITES.

FOR EXAMPLE, MY CLIENT CURRENTLY HAS ANOTHER PROPERTY THAT IS NOT A CONSTRUCTION THAT IS AT 3.8 MILES AWAY FROM THIS SIDE, NAMELY CALLED HIGH POINT PRESERVE IT'S 93 0 1 EAST USI WITH TWO 90.

YEAH.

THAT'S PROPERTY AS FULL A HUNDRED AND TO FOUR UNITS UNDER CONSTRUCTION, TWO BUILDINGS, UH, FINISHED.

AND, UM, AS THE CONSTRUCTION, UM, AND FOOD, WE WILL PROVIDE THESE RESIDENTS OVER HERE AT CLAYTON LANE.

THE OPTION TO APPLY AT OUR PROJECT AT HIGH POINT RESERVE.

I WILL PAUSE HERE AND ANSWER ANY QUESTIONS YOU MIGHT HAVE PERMISSION MEMBERS.

THANK YOU.

THANK YOU.

WE'LL NOW HEAR FROM MR. ANDREW MCKENNA.

MR. MCKENNA, Y'ALL HAVE FIVE MINUTES.

HELLO, COMMISSIONERS AND CHAIR.

UH, I'M A TENANT AT THE OLD HOMESTEAD.

I HEARD ABOUT THIS MEETING TODAY.

SO THESE ARE MY, THIS IS MY SPEECH, AND I APOLOGIZE THAT IT'S GOING TO BE PRETTY ROUGH.

UM, I HAVE NOT RECEIVED ANY NOTICE ON THIS, UH, MEETING OTHER PLANS, ANYTHING ABOUT THIS PROCESS, EXCEPT FOR ONE LETTER BACK IN JANUARY, THAT THE OWNER WAS PLANNING TO SELL, BUT SHE'S ALSO TOLD ME, UM, THIS IS BECAUSE, UM, MY UTILITIES ARE INCLUDED IN MY LEASE AND, UH, THE CITY ONLY SENDS NOTICES TO PEOPLE WHO, ACCORDING TO THIS CHAMPION I SPOKE WITH EARLIER, THAT'S WHY I DIDN'T GET ANY NOTICE.

THERE'S ALSO BEEN NO SIGNAGE PUT UP IF THERE WAS BLUE OVER SOMETHING ELSE.

WHAT MS. CHAPMAN TOLD ME ABOUT, UM, THE DEVELOPER AND THEIR AGENTS HAVE NOT CONTACTED US DIRECTLY.

THEY COULD HAVE EASILY PUT A, A NOTE IN THE MAILBOX FOR 13 UNITS.

UH, I KNOW I'M NOT THE ONLY PERSON WITH THEIR UTILITIES INCLUDED, SO I'VE LIVED THERE ALMOST A YEAR.

UM, YEAH, SO I WANTED TO SET ASIDE THAT PROCESS TRANSPARENCY, HORRIBLY LACKING.

I ONLY HEARD ABOUT THIS WHOLE THING REALLY HAPPENING YESTERDAY BECAUSE OF A NEIGHBORHOOD MEETING.

AND THERE ARE A LOT OF DESIGN ELEMENTS THAT I'LL GET TO IN A MINUTE THAT ARE CONCERNING.

I'VE

[00:35:01]

LIVED THERE ABOUT A YEAR, ABOUT ANOTHER FOUR MONTHS, TWO OTHER OCCASIONS.

I LIVED IN AUSTIN FOR 22 YEARS AND ANOTHER THREE YEARS ON THE NINETIES.

UH, WHEN SLACKER FIRST CAME OUT THE MOVIE, IF YOU HAVEN'T SEEN IT OR SEEN IT LATELY, PLEASE GO WATCH IT.

YOU'LL SEE JUST HOW MUCH AUSTIN HAS CHANGED.

AND I'M SURE YOU KNOW THIS, BUT, UH, AND I'M NOT AGAINST THE SALE.

I WANT TO SAY, I'M NOT AGAINST THE SALE.

AND THE OWNER IS A GOOD GUY AND HE DESERVES TO RETIRE AND GET OUT.

UH, WHAT IT DOES CONCERN ME IS THE PROCESS, UH, THE LACK OF TRANSPARENCY AND SOME OF THE DESIGN ELEMENTS.

UM, SO, AND ALSO THE PACE.

UM, SO YEAH, ONE HARD, HARD RECOMMENDATION I WANT TO FOLLOW UP ON.

I'D LIKE YOU TO FOLLOW UP ON IS HOW YOU CAN GIVE NOTICE TO TENANTS IN SIMILAR SITUATIONS IN THE FUTURE WHO DON'T HAPPEN TO HAVE TO PAY THEIR ELECTRIC BILLS DIRECTLY TO THE CITY.

UH, AM I SPEAKING LOUDLY ENOUGH FOR RECORDING PURPOSES OR WHATEVER? OKAY.

UM, YEAH, SO THE DUE DILIGENCE, I DON'T THINK HAS BEEN DONE, UH, IF THE, UH, AGENT AND POTENTIAL OWNERS WANTED TO BE GOOD NEIGHBORS, UH, THEY HAVEN'T, UH, GOT ON MY GOOD FOOT, UH, AS FAR AS I CAN SEE, UH, PERHAPS THEY'VE TRIED OR DONE WHAT'S LEGAL, BUT, UM, SOMETIMES YOU GOTTA DO A LITTLE MORE, YOU KNOW, MAYBE KNOCK ON THE DOOR.

HEY, WHERE ARE THE POTENTIAL, UH, PEOPLE ARE GONNA RAISE YOUR RENT $500 A MONTH.

UM, AS FAR THIS RELOCATION PROJECT, UH, I JUST HEARD ABOUT THAT.

UM, THAT'S ACTUALLY KIND OF COOL IF YOU ARE LIKE ME AND A BICYCLE IS YOUR PRIMARY TRANSPORTATION.

YOU DON'T WANT TO LIVE AT 93 0 1 EAST TWO 90.

UM, THERE'S NO BUS.

I KNOW AT LEAST A COUPLE OF PEOPLE AT THE, AT THE APARTMENT RELY ON THE BUS.

YOU'RE NOT GOING TO BE ABLE TO MOVE OUT THERE.

HOW MUCH HAS THAT APARTMENT WHO KNOWS? UH, IT'S NOT GOING TO BE LESS THAN WHAT WE'RE CURRENTLY PAYING.

I CAN ASSURE YOU, UM, MOVING BACK IN TWO OR THREE YEARS WHEN IT'S DONE, WHAT'S THE, WHO KNOWS WHAT THE RENT IS GOING TO BE THERE.

UH, THE 90%, UH, AS MISS CHAFFIN MENTIONED EARLIER TO ME ON THE PHONE, UH, CAPITAL A AFFORDABILITY, AS WE KNOW, VERSUS ACTUAL AFFORDABILITY, UH, TWO DIFFERENT LANGUAGES, REALLY.

SO, AND AS A, NOT A RICH PERSON, UM, I GUESS I'M VERY CONCERNED ABOUT BECOMING HOMELESS AND IT'S NOT JUST THIS PROJECT.

IT'S LOTS OF PEOPLE, BUT, UH, IT'S, UH, IT'S BEGINNING TO LOOK LIKE A VERY REAL POSSIBILITY IN THIS CASE.

UM, SO THAT'S CONCERNING, UH, OBVIOUSLY, UM, THAT'S WHY I GOT ON MY BICYCLE AND CAME DOWN HERE IN 90 DEGREES AND, YOU KNOW, MISSING DISCOUNT MOVIE NIGHT FOR THIS.

UM, SO I GUESS, UH, I DON'T KNOW HOW MUCH TIME I HAVE LEFT IS IF THERE'S A TIMER, BUT I WOULD JUST SAY THE PACE OF THIS, UM, PROCESS THAT A LACK OF NOTICE, UM, THE SCOPE OF THE PROCESS.

I HAVEN'T MENTIONED IT, TREES.

I UNDERSTAND TWO HISTORIC TREES, HERITAGE TREES WILL BE RELOCATED.

I MEAN, IT'S ALL THE OTHER TREES ARE GOING TO BE DEMOLISHED.

WHO'S GOING TO SPEAK FOR THE TREES.

WHAT ABOUT, UH, AFFORDABLE? I MENTIONED AFFORDABILITY, UH, PARKING, TRAFFIC NOISE, THE MONSTROSITY ACROSS THE STREET THAT I ASSUME YOU ALL APPROVED, UH, HAS A PARK ALLEGEDLY THE HIGH POINT.

I DON'T KNOW WHERE THAT PARK IS.

IT'S HIDDEN, UH, THE BIKE LANE ON, UM, CLAYTON GREAT COULD HAVE BEEN MADE INTO A WIDER SIDEWALK AND KEPT THE LIGHT ON THE LANE OF TRAFFIC.

SO YOU'VE LOST A LANE OF TRAFFIC.

SO THERE'S JUST TOO MANY CONCERNS.

I KNOW MANY OF THE PEOPLE ON THE CONTACT TEAM HAD CONCERNS LAST NIGHT AND WEREN'T ABLE TO APPROVE, UH, GIVE THE APPROVAL TO THIS PROJECT.

SO I WOULD JUST SAY, PUMP THE BRAKES.

LET'S LOOK INTO THIS A LITTLE MORE, LET'S GET SOME MORE INPUT.

LET'S HAVE A MEETING WITH THE TENANTS.

LET'S HAVE A MEETING WITH THE, UM, YOU KNOW, WORTH OF PEOPLE INVOLVED WHO ARE GOING TO BE AFFECTED, UH, CAUSE THE NATURE AND CHARACTER OF THE NEIGHBORHOOD IS CHANGING.

UNDERSTAND THAT CAN'T BE STOPPED, BUT 295 UNITS ON LESS THAN TWO ACRES, NO PARKLAND, UH, LIVE WORKSPACES THAT ARE REALLY KIND OF CONTROVERSIAL.

UH, THERE'S JUST TOO MANY QUESTIONS, TOO MANY CONCERNS, AND I'M JUST A REGULAR GUY TRYING TO MAKE AN AUSTIN.

AND I DON'T KNOW IF I CAN, UH, AFTER FINDING THIS PLACE AGAIN FOR A YEAR, UM, I GUESS THAT'S MY FIVE MINUTES I'M CONCERNED ABOUT, YOU KNOW, BECOMING ONE OF THOSE PEOPLE ON THE STREET AND YOU ALSO DO SOMETHING ABOUT THAT.

LIKE, WELL, THANK YOU.

WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL COMMISSION MEMBERS.

THIS IS ALICE GLASGOW FOR THE REBUTTAL.

WE, WE WILL, UH, REACH OUT TO THE TENANTS.

UM, AND REALLY OUR PLAN WAS, UM, DO THAT.

UM, AFTER WE HAVE AN IDEA THAT WE HAVE THE ZONING.

SO, UM, MY, MY CLIENT, UM, IS ALSO DEVELOPING A PROJECT, UM, RIGHT DOWN THE STREET AT THE CORNER OF ICE IN FIVE AND A BLATANT LANE.

AND THEY JUST BROKE GROUND ON THAT ONE.

AND THAT ONE IS AS THE BMU ALSO AND HAS A 10% REQUIREMENT FOR AFFORDABILITY.

SO

[00:40:01]

I COMMIT TO, I'M GETTING MY CLIENTS AND PROSPECTIVE BUYERS TO, UM, HAVE A MEETING WITH ATTENDANCE BEFORE WE GO TO THE CITY COUNCIL.

SO WE CAN, UM, UH, MAKING AWARE OF BY INTENT THE, UH, THE LETTER THAT MR. MCKENNON JUST MENTIONED THAT HE RECEIVED IN JANUARY.

I HELPED DRAFT THAT LETTER.

WE ASKED THE CURRENT PROPERTY OWNER THAT BEFORE WE FILED THE REZONING APPLICATION, THAT THEY MAKE THE TENANTS AWARE OUT OF COURTESY, THAT HE IS CONSIDERING SELLING THE PROPERTY.

AND, UH, THAT, UH, THAT PROSPECTIVE DEVELOPER WILL, UM, MAKE THEM AWARE OF THE PLANS.

UM, UM, AFTER THE PROPERTY IS, UH, QUIET, BUT WE WILL, UM, HOLD UP WITH IT WITH A TENANT AND SCHEDULE A TIME BEFORE WE GO TO THE CITY COUNCIL MEETING.

UH, WE APPRECIATE, UM, UH, HEARING US TONIGHT AND, UH, WE WOULD APPRECIATE YOUR SUPPORT OF THE STAFF RECOMMENDATION FOR BMU.

AND WE WILL COMPLY WITH ALL APPLICABLE REGULATIONS, OBVIOUSLY AT THE TIME OF PIPELINES, INCLUDING, YOU KNOW, TALK, OFFEND DEDICATION REQUIREMENTS OR BE IN LIEU OF ALL THOSE REQUIREMENTS IN THE STAFF REPORT FROM THE APPROPRIATE REVIEWING ENTITIES.

THANK YOU VERY MUCH.

COMMISSION MEMBERS APPRECIATE THE TIME AS THE SPEAKERS ON THIS ITEM.

ALL RIGHT.

DOES THE MOTION TO CLOSE PUBLIC HEARING, UH, BY SHEER HIPPO SECONDED BY COMMISSIONER SCHNEIDER, LET'S GO TO THE BOAT ON CLOSING THIS HEARING.

UM, THAT'S ON THE DAYAS, UM, AND SPIRITUALLY.

OKAY.

THAT'S UNANIMOUS.

ALRIGHT.

UH, QUESTIONS, COMMISSIONERS, UH, COMMISSIONER YANAS PALITO.

THANK YOU.

QUESTION FOR MS. SHOPPING.

UH, COULD YOU PLEASE VERIFY, UH, WHETHER THE UTILITY BILL HOLDERS, UM, THAT FROM THE SPEAKER THAT SPOKE PREVIOUSLY OR WITHIN THE NOTIFICATION AREA? YES.

UH, NOTICES ARE SENT TO PROPERTY OWNERS WITHIN 500 FEET AND ANYBODY WHO HAS A CITY OF AUSTIN ELECTRIC UTILITY ACCOUNT IN THAT SAME RADIUS, BUT FOR THIS PROPERTY, IT APPEARS THAT SOME OF THE TENANTS ARE NOT ALSO THAT THEIR OWN UTILITY ACCOUNTS.

SO I THINK THAT'S WHERE THEY FELL THROUGH THE GAPS.

UM, OKAY.

IT SOUNDED TO ME, MAYBE I MISUNDERSTOOD, BUT IT SOUNDED TO ME LIKE THERE WERE SOME UTILITY BILL HOLDERS WHO DID NOT RECEIVE NOTIFICATION.

IS THAT CORRECT? OR WAS IT JUST, THOSE DID NOT HAVE UTILITIES WITH THE CITY OF AUSTIN.

I, I AM NOT AWARE OF ANY UTILITY CUSTOMERS.

SHE DID NOT RECEIVE THEIR NOTICES.

I CAN DOUBLE-CHECK BUT IT IT'S AN AUTO-GENERATED, UH, LIST.

SO IT HAS BEEN THROUGH.

THANK YOU.

UM, CAN I ASK THE PREVIOUS SPEAKER WHO RAISED THAT ISSUE? UM, ANOTHER FOLLOWUP QUESTION.

I'M SORRY.

I FORGOT HIS NAME.

ANDREW MCKENNA.

THANK YOU, MR. MCCANN, ARE YOU STILL THERE? I'M HERE.

OH, GREAT.

I CAN SEE YOU, BUT I DON'T KNOW IF HE GETS YES.

COULD YOU, I'M SORRY.

COULD YOU JUST REPEAT, UH, THE NUMBERS YOU GAVE, UM, ABOUT YOUR UNITS AND WHO HAD, WHO DID, AND DIDN'T RECEIVE NOTIFICATION THROUGH THE PROPERTY OWNER OR UTILITY BILLS? I'M AWARE OF AT LEAST TWO OTHER PEOPLE WHO, UH, HAVE UTILITIES INCLUDED IN THEIR LEASE.

SO I ASSUME THEY DIDN'T GET ANY NOTICE AS FOR OTHER PEOPLE.

UH, FOR EXAMPLE, THERE'S A COUPLE NEXT TO ME.

THEY'RE NOT A COUPLE OF THEIR FRIENDS.

WHOEVER GETS THE UTILITY BILL MAY OR MAY NOT HAVE SHARED THAT NOTICE IF IT CAME, WE DON'T KNOW IF OF CAME.

FIRST OF ALL, UH, THEY MAY NOT HAVE SHARED THE NOTICE WITH THE ROOMMATES OR THEY MIGHT'VE SEEN IT AS JUNK MAIL.

I DON'T KNOW IF IT WAS INCLUDED IN THE UTILITY BILL OR IF IT WAS SEPARATE.

UH, SO CERTAINLY AN EXTRA NOTICE WOULD NOT HAVE BEEN DIFFICULT.

AND CERTAINLY IT SOUNDS LIKE THE AGENT IS WILLING TO HAVE A MEETING AND GO OVER THINGS.

SO THAT'S ENCOURAGING, BUT YEAH, THE LACK OF NOTICE WOULD HAVE BEEN A LOT LESS STRESSFUL FOR SURE.

AND SO I CAN'T SAY IF EVERYBODY'S GOT ONE, DOES THAT HELP? YEAH, NO, IT DOES.

THANK YOU FOR CLARIFYING.

I JUST WANTED TO CLARIFY THAT OR A PARTICULAR PIECE.

THANK YOU.

OKAY.

UH, COMMISSIONER PRACTICES.

UM, THIS IS A QUESTION FOR MS. GLASGOW, UM, WILL THE

[00:45:01]

RENTERS LIVING AT THIS PROPERTY, UM, BE ABLE TO AFFORD THE RENT AT THE ALTERNATIVES THAT YOU'VE PROPOSED? UM, IT COULD, COULD POTENTIALLY MOVE TO, UM, MS. PRESS THE, UM, THE AD I MENTIONED AT 92, 1 2, I WERE TO 90 AT THE AFFORDABILITY LEVELS ARE AT 60, 80 AND A HUNDRED PERCENT.

SO THEY, THEY HAVE THE SPECTRUM OF AFFORDABILITY.

UH, MY CLIENT ALSO OWNS A PROPERTY, ALSO KNOWN AS GRENADA, SORT OF THE NORTH EAST OF THIS SIDE OF HIGHWAY TWO 90 AT AGE 35.

I END A CASE THAT YOU COMMISSIONED APPROVED MS. BIG THEY'RE 90% AFFORDABLE BECAUSE THE PARK PROJECT IS PARTNERED WITH TACOS.

SO WE DO HAVE OPTIONS THAT WE'RE GOING TO BE SHARING WITH THE TENANTS OF OTHER PROPERTIES THAT, UM, MY CLIENTS HAS SET UP, THEY CAN CONSIDER GOING FORWARD.

SO WE WILL DO THAT KIND OF OUTREACH.

UM, CAN YOU GIVE SPECIFICS ON, ACTUALLY, LET ME ASK, UM, MR. MCKENNA FIRST, UH, ARE YOU IN A ONE OR TWO BEDROOM? WHAT KIND OF SITUATION? WHAT KIND OF UNIT ARE YOU RENTING? UH, I'M IN A TWO BEDROOM.

I WAS SORT OF GRANDFATHERED IN, UM, I KNEW A PERSON WHO WAS LIVING THERE WHO MOVED OUT.

SO I GOT A, A DIFFERENT RENT RATE THAN MIGHT WHAT BE CHARGED FOR A BRAND NEW APARTMENT.

SO THAT'S ONE OF THE THINGS THAT'S GOING AWAY ALONG WITH THE TREES AND THE PARKING PARK SPACE.

AND I HEAR YOU, I HEAR YOU.

AND I'M SO GRATEFUL THAT YOU WERE HERE TODAY.

UM, AND I JUST THINK OF ALL OF THE OTHER DEVELOPMENTS, JUST LIKE THIS, WHERE NO RENTERS COME, UM, BECAUSE YOU KNOW, THERE'S SO MANY BARRIERS AND PEOPLE, AS WE'VE JUST HEARD, DON'T EVEN RECEIVE NOTICE THAT THEY SHOULD, YOU KNOW, RIGHTFULLY BE ENTITLED TO.

SO I'M REALLY GRATEFUL THAT YOU CAME.

SO YOU SAID IT'S A TWO BEDROOM, UM, MS. GLASGOW, WHAT ARE THE PRICES OF THE TWO BEDROOMS AT, OR WHAT IS THE LOWEST PRICE OF ANY OF THE TWO BEDROOMS AT THE PROPERTIES YOU'VE MENTIONED AND ARE ANY OF THOSE TWO BEDROOM UNITS ACTUALLY AVAILABLE RIGHT NOW? I DON'T HAVE AN ANSWER TO THOSE QUESTIONS.

I WOULD HAVE TO GET THAT INFORMATION FROM MY CLIENT AND WE CAN SEARCH THE, UM, PROVIDE INFORMATION TO THE, UH, THE TENANTS.

ONE OF THE LEADS WITH THEM ABOUT WE, THE, THE PROPERTY REDEVELOPMENT OF THIS SIDE IS NOT GOING TO OCCUR IN THE TIME.

SOON.

MY UNDERSTANDING FROM THE CURRENT OWNER IS THAT THE LEASE WAS SCHEDULED TO END AT THE END OF THIS YEAR, DECEMBER 31ST, 2022.

RIGHT.

AND THOSE ARE FOR FOLKS THAT AREN'T ON MONTH TO MONTH, WHO COULD JUST BE TOLD TO LEAVE, YOU KNOW, NOW IN, IN AND SAY THEY ONLY HAVE 30 DAYS, OKAY.

AT LEAST WE HAVE TO COMPLY WITH A 10 AT YOUR LOCATION ORDINANCE.

IT'S, IT'S AN ORDINANCE THAT PRESCRIBES EXACTLY WHAT YOU CAN AND CANNOT DO, AND THE TENANTS HAVE RIGHTS AND WHATEVER THEY AT LEAST STATE THOSE, SOME HAVE TO BE HONORED AND, UH, ABOUT TO SAY BEST PROTEIN OCCUPIED UNIT, THREE OF WEEKS, A MONTH PER MONTH, THE REMAINDER HIGHER AT THE END OF THE YEAR.

SO THEY STILL HAVE HANDLED THOSE UNITS, THE TENANTS UP UNTIL DECEMBER 31 THAT'S WHEN THEY AT LEAST AS EXPIRE.

RIGHT.

YEAH, I UNDERSTOOD.

I UNDERSTOOD THAT.

UM, SO, UH, YEAH, IT DEFINITELY SEEMS LIKE THERE'S A WHOLE LOT OF PREPARATION THAT COULD BE DONE AND A WHOLE LOT OF CONVERSATION WITH RENTERS TO REALLY COME UP WITH AND CON CONCRETE DETAILS ON WHAT THAT PLAN WOULD BE INSTEAD OF JUST, YOU KNOW, HOPES THAT ARE FLAWED PROCESSES WE HAVE IN PLACE WILL ACTUALLY WORK OUT FOR THEM IN THE END.

AND THEY, YOU KNOW, WON'T END UP HOMELESS BECAUSE I, I HEARD MR. MCKENNA STATE VERY CLEARLY THAT HE IS AFRAID THAT HE WILL BECOME HOMELESS.

AND JUST IN THE PAST COUPLE MONTHS, I'VE HAD FRIENDS LEAVE, LEAVE THE CITY, AND I'VE MET MANY FOLKS, UM, ON THE STREETS WHO THIS IS LIKE THEIR STORY THEY'RE, THE RENT WAS RAISED AND NOW THEY'RE LIVING IN A TENT.

UM, SO IT'S NOT, SO IT'S NOT AS EASY AS WE HAVE THESE PROTECTIONS IN PLACE.

SO PEOPLE DON'T BECOME HOMELESS OR PEOPLE ARE ABLE TO FIND AN OPTION.

THAT'S NOT WHAT'S HAPPENING JUST IN REALITY.

BUT, UM, HONESTLY, YEAH, I HAVE MY TECH, MY CLIENT IS LISTENING AND HE

[00:50:01]

SENDS ME SOME INFORMATION.

HE TELLS THAT 60% OF, UM, RENT IS PRESCRIBED BY CITY FOR THE, UH, WELL, THE AFFORDABLE UNIT.

AND THEY ALL COME AVAILABLE AT THE GRANADA PROJECT THAT OUT, WE ARE TALKING WITH HAKA AND THEN ALSO MY CLIENT HAS PROPERTY ON TASKFORCE.

AND ALSO THAT'S ANOTHER PROJECT THAT WE ARE ALSO PARTNERING WITH TACA AND 60% PERCENT OF THE UNITS ARE AVAILABLE IN ONE OR TWO BEDROOMS. SO WE WILL PROVIDE THEM WITH A TENANT.

OKAY, LET'S GO AHEAD AND MOVE ON RIGHT AT A TIME TO THAT.

A ROUND OF QUESTIONS.

DO WE HAVE A COMMISSIONER WITH, OH, I'M SORRY.

LET ME GET BACK TO THE, UH, SORRY GUYS.

LET ME GET BACK.

OKAY.

UH, COMMISSIONER MITCH, TYLER.

THANK YOU.

THANK YOU.

UM, I APPRECIATE THAT THE DEVELOPER HAS ALTERNATIVES FOR THE RENTERS, AND I UNDERSTAND THAT THE PROCESSES WERE FOLLOWED AND DUE TO PROBLEMS IN OUR SYSTEM.

NOT EVERYBODY'S BEEN NOTIFIED TIMELY TO HAVE DISCUSSION.

I GUESS I HAVE A QUESTION OR TWO FOR MR. MCKENNA FIRST, IF STILL AVAILABLE.

UM, AND I'LL GO AHEAD AND SAY IT IF, IF HE'S THERE, UM, THERE, UM, SO ON THE CURRENT, SO I'M ASSUMING YOU'RE UNDER A LEASE AND YOUR LEASE IS ONE OF THOSE THAT'S NOT EXPIRING UNTIL DECEMBER THE END OF THE YEAR, IS THAT CORRECT? UH, ACTUALLY MINUS MINE EXPIRES IN JUNE.

IT WAS GOING TO BE IN DECEMBER AND I'M IN NEGOTIATIONS TO HAVE IT EXTENDED, BUT MAY OR MAY NOT BE SURE UNDERSTAND.

OKAY.

BUT YOUR INTENT WAS TO TRY AND RENEW YOUR LEASE AGREEMENT, UM, AND SEE IF YOU COULD STAY IN THERE.

AND THEN I'M GUESSING SOME OF THE OTHER TENANTS OR LATER, UM, OUT OF COURTESY MS. GLASGOW, IT, YOU KNOW, WHEN YOU'RE ON A TIGHT BUDGET, UM, THE PERCENTAGES OF THE MFI PROBABLY DOESN'T MEAN A LOT TO A LOT OF PEOPLE WHEN THEY'RE JUST TRYING TO FIGURE OUT IS MY RENT GOING TO BE 3 75 OR 5 75 A MONTH.

UM, SO I GUESS I'M A LITTLE CONCERNED FOR THE TENANTS IN HAVING A REAL EQUIVALENT OPPORTUNITY TO MAKE A REALISTIC MOVE.

UH, ONE OF MY QUESTIONS IS IF THIS GOES THROUGH, SINCE MOST OF THESE LEASES ARE EXPIRING BETWEEN NOW AND THE END OF THIS CALENDAR YEAR, WHEN WOULD CONSTRUCTION ACTUALLY BEGIN? LIKE WHEN WOULD TENANTS ACTUALLY HAVE TO BE OUT OF THIS PROPERTY, IF IT GOES THROUGH THE TIMELINE Y'ALL ARE HOPING FOR, AND THAT WAS FROM MS. GLASGOW.

I'M SORRY.

WELL, YEAH, MY, MY, MY, MY UNDERSTANDING IS, UM, THE, UM, THE, UH, THE LIST IS EXPIRED AT LEAST AT THE END OF THE YEAR.

UM, WE STILL HAVE TO PREPARE FIVE PLANS, WHICH AFTER THEY ARE PREPARED, THEY'LL TAKE A CIVIL ENGINEER AS AN ASPECT TO PUT THOSE TOGETHER, READ A, BE SUBMITTING ANY PLANS TO CITY, UM, UNTIL PROBABLY IN MID, UM, PROBABLY MAY JUNE OF NEXT YEAR, 2023.

AND, UM, AND, AND BEFORE THEN, UH, BEFORE WE ACTUALLY DEMOLISH ANY BUILDINGS THAT ARE OCCUPIED, IF THEY'RE STILL OCCUPIED, THAT WE ARE REQUIRED TO PROVIDE BY THE FULL MONTH NOTICE PRIOR TO DEMOLITION.

YEAH.

I JUST, I, UM, WHAT I WANT TO MAKE SURE WE'RE DOING, YOU KNOW, I APPRECIATE WHAT YOUR CLIENT IS DOING AND WHAT THE DEVELOPER'S OFFERING.

AND OBVIOUSLY WE WANT TO GET MORE HOUSING UNITS IN AND THE AFFORDABLE HOUSING.

I JUST WANT TO MAKE SURE WE'RE NOT THROWING PEOPLE OUT IN THE PROCESS.

UM, FOUR MONTHS IS NOT A LOT OF TIME IN THIS MARKET, SO, UM, I DON'T KNOW HOW THE OTHER COMMISSIONERS FEEL, BUT I WOULD REALLY LOVE TO SEE US GET A RESOLUTION FOR THE TENANTS THAT'S REASONABLE.

UM, YOU KNOW, TO SEND THAT ON THE COUNCIL, UM, TO FEEL A LITTLE BIT MORE CONFIDENT THAT, THAT THESE FOLKS ARE GOING TO BE TAKEN CARE OF IN THE TRANSITION IN A WAY, AT LEAST THAT THEY'VE HAD AN OPPORTUNITY, OBVIOUSLY THEY COULD CHOOSE TO DECLINE, BUT A REASONABLE OPPORTUNITY WOULD BE MY HOPE.

SO, THANK YOU.

I APPRECIATE BOTH OF YOUR, UM, ANSWERS.

THANK YOU, MR. SNYDER.

UH, I THINK THIS IS A QUICK QUESTION FOR MS. CHAFFIN.

UM, WHEN IS THE SCHEDULE TO GO TO COUNCIL? THE CASE HASN'T BEEN SCHEDULED YET FOR COUNSEL? SO IT SOUNDS LIKE MAYBE WE HAVE A LITTLE TIME, UM, BEFORE, UH, UM, AND THERE'S

[00:55:01]

AN URGENT DECISION ON THE PART OF THE PLANNING COMMISSION NEEDED.

UM, UH, SO MS. GLASGOW, UH, IT SOUNDS LIKE THERE REALLY HASN'T BEEN AN OPPORTUNITY FOR THE POTENTIAL NEW PROPERTY OWNER TO HAVE, UH, A MEETING SORT OF A FACE TO FACE WITH, UH, THE LIMITED NUMBER OF CURRENT TENANTS.

IS THAT CORRECT? YOU HAVEN'T HAD A, THERE HASN'T BEEN A FACE-TO-FACE MEETING WITH HIM.

THAT'S CORRECT.

SORRY.

THAT WAS FRICKING, YEAH.

OKAY.

OKAY.

UM, I MEAN, IT SEEMS LIKE THIS IS A REALLY LIMITED NUMBER OF PEOPLE AND THE PROJECT IS GOING TO BE FAIRLY GOOD SIZE.

THAT THERE'S A, THERE'S A WAY PROBABLY IN JUST A MATTER OF A COUPLE OF WEEKS, A FEW WEEKS, MAYBE TO LIKE SIT DOWN WITH THEM AND WORK OUT SOMETHING AND, UM, YOU KNOW, MAYBE EVEN GET SOMETHING, UH, UH, REDUCED TO WRITING THAT WOULD GIVE THE CURRENT TENANTS SOME UNDERSTANDING OF WHAT THE EXPECTATION IS AND, UH, WHAT THEY MIGHT EXPECT.

AND, UH, IS THAT, IS THAT SOMETHING THAT IS REASONABLE THAT YOU THINK THAT YOU COULD LIVE WITH? I PERSONALLY DON'T, I DON'T NECESSARILY HAVE A PROBLEM WITH THE PROJECT MOVING FORWARD, BUT I DO HAVE A PROBLEM WITH SORT OF HOW IT'S BEEN PRESENTED TO US TONIGHT AND, UH, CONCERNS THAT HAVE BEEN RAISED BY THE TENANTS.

WELL, WE CAN CERTAINLY HAVE A MEETING WITH ATTENDANTS, AS I INDICATED.

UM, WE CAN DO THAT BEFORE CITY COUNCIL.

THEY, UH, IT, IT'S PROBABLY GONNA TAKE AT LEAST FOUR WEEKS BEFORE MS. CHAPMAN SCHEDULES, THE CASE BEFORE A CITY COUNCIL AGENDA THAT WE CAN HAVE THAT MEETING.

THANKS A LOT.

OKAY.

UH, COMMISSIONER THOMPSON.

I THINK MY QUESTIONS WERE ANSWERED.

OKAY.

UM, I HAVE A QUESTION.

I'LL GO AND TAKE A TURN HERE.

UH, I'M CURIOUS.

SO LOOKING AT THE, IT'S KIND OF GOT THE ALPHABET SOUP HERE, BUT WE'RE JUST GOING FROM G R M U C O N P STAFF RECOMMENDATION.

IT'S G R M U V C O N P.

SO STAFF, I HAVE A QUESTION.

JUST WHAT COULD THE APPLICANT BUILD TODAY? WHAT IS THE DIFFERENCE? I'M ONLY SEEING THAT, OF COURSE, THE CEO, WHICH I THINK IS THE USES THAT YOU EXPLAINED, BUT WHAT THE V WHAT IS, WHAT IS THAT GETTING THE APPLICANT THAT THEY DON'T ALREADY HAVE UNDER CURRENT ZONING? SURE.

UH, THE APPLICANT, IF THEY CHOSE TO, IF THEY GOT THE V AND CHOSE TO NOT UTILIZE THE, THE, UM, THEN IT WOULD BE BASICALLY THE EXACT SAME ZONING.

THE V ALLOWS MODIFICATION OF CERTAIN SITE DEVELOPMENT REGULATIONS, BUT ONLY IF YOU PROVIDE ON-SITE AFFORDABLE HOUSING UNITS.

SO IF THEY PROVIDE THE ON-SITE AFFORDABLE HOUSING UNITS, SOME OF THE THINGS THAT THEY GET LENIENT ON AT TIME OF SITE PLAN IS REDUCED PARKING, UH, REDUCED SETBACKS.

THOSE ARE THE TWO MAIN ONES.

SO IF I HEAR YOU CORRECTLY, UNDER THE CURRENT ZONING, THEY COULD DEVELOP PRETTY MUCH TO THE SAME DENSITY AND THEY'D HAVE TO PUT IN MORE PARKING AND WE WOULDN'T GET ANY AFFORDABLE HOUSING OUT OF THAT DEVELOPMENT.

IS THAT, IS THAT ACCURATE? IT'S, IT'S PARTIALLY, UM, THEY WOULDN'T NECESSARILY BE ABLE TO ACHIEVE THE SAME AMOUNT OF DENSITY, BECAUSE IF YOU HAVE ZERO SETBACKS, YOU CAN GET GREATER DENSITY, UH, THAN IF YOU HAVE 10 FOOT SETBACKS OR ANY OTHER DISTANCE SETBACKS.

IT'S, IT'S THE OFFERING, UH, OR THE REQUIRING AFFORDABLE HOUSING UNITS, UH, BALANCING OUT, I GUESS, THE YIELD OF THE PROJECT WITH THE INCREASED SITE DEVELOPMENT STANDARDS THAT COMES INTO PLAY.

BUT AS FAR AS WHAT TYPES OF USES ARE PERMITTED AND WHAT TYPE OF DEVELOPMENT IS PERMITTED, THEY COULD BUILD MARKET RATE MULTI-FAMILY OF, I DON'T KNOW EXACTLY WHAT INTENSITY ON THE SITE.

OKAY.

ALL RIGHT.

BUT NOTHING'S KEEPING THEM FROM DOING THAT NOW.

I MEAN, THEY COULD PURSUE THAT IF THEY WANTED.

OKAY, PERFECT.

OKAY.

THANK YOU.

ALL RIGHT.

UH, ANY MORE QUESTIONS FROM COMMISSIONERS? I THINK WE'VE GOT, UM, A COUPLE OF SPOTS LEFT COMMISSIONERS.

UH, GO AHEAD.

ANYBODY HAVE A MOTION? OH,

[01:00:01]

UH, COMMISSIONER THOMPSON.

UM, THIS ISN'T NORMAL FOR ME, BUT I'M GOING TO POST, I'M GOING TO RECOMMEND THAT WE POSTPONE THIS ITEM.

I THINK, YOU KNOW, THE, UH, MR. MCKENNA DIDN'T RECEIVE THE NOTICE.

I THINK THERE ARE SEVERAL OTHER PEOPLE WHO PROBABLY DIDN'T GET THE NORMAL NOTICE THAT WE W WE WOULD LIKE, UH, PEOPLE WHO WERE AFFECTED BY A PROJECT TO GET, UM, YOU KNOW, IT'S CUSTOMARY THAT WE PROVIDE, YOU KNOW, A NEIGHBORHOOD, A, A, AN EXTENSION, UM, OR A POSTPONEMENT ONE TIME.

UM, YOU KNOW, HE'S BASICALLY ASKING, CAN WE JUST, YOU KNOW, SLOW IT DOWN AND PUT THE BRAKES ON IT.

AND I THINK THAT THAT'S WHAT A POSTPONEMENT WOULD DO HERE.

UM, I WOULD ENCOURAGE MR. MCKENNA TO, TO TALK TO THE NEIGHBORHOOD TEAM, UM, AND TO THE WINDSOR PARK UNIVERSITY HILLS TEAM TO TRY TO GET THEM INVOLVED.

UM, BUT I THINK IF, IF WHAT WE'RE SEEING HERE IS SOMEBODY WHO DOESN'T HAVE A LOT OF EXPERIENCE WITH THE PROCESS.

IF THEY'D HAD THAT EXPERIENCE, WE WOULD HAVE, YOU KNOW, PUT IT ON THE CONSENT AGENDA TO POSTPONE THIS FOR TWO WEEKS.

AND SO I THINK WE SHOULD OFFER HIM THAT, THAT COURTESY A SECOND.

KEVIN, COULD I ASK, DO WE NEED A DATE, CERTAIN, UH, POSTPONE TILL IS JUST TWO WEEKS.

IS THAT WHAT YOUR REC YOUR EMOTION IS? OKAY.

I'LL PUT IT FOR TWO WEEKS JUST TO GIVE SOME TIME, BUT IF SOMEONE ELSE WANTS TO COME UP WITH A BETTER TIME AND, YOU KNOW, PUT AN AMENDMENT TO MY MOTION.

SO THAT WOULD BE A NEXT PLANNING COMMISSION MEETING APRIL 26TH, THE SECOND THAT, OKAY.

IT SHOULD HAVE A SECOND BY VICE CHAIR.

DO YOU WANT TO SPEAK ANY FURTHER YOUR MOTION? MAYBE I SPOKE TOO MUCH ALREADY.

SO CHAIR, COMMISSIONER LAYS ON ANDREW RIVERA.

SO IT'S MY UNDERSTANDING FROM THE REGISTERED SPEAKER THAT, UM, THEY BELIEVE THAT DISCUSSION COULD OCCUR PRIOR TO THE COUNCIL, UM, MEETING.

AND SO THEY'RE NOT QUITE INTERESTED IN A PRESS MOMENT.

I'D REALLY RATHER NOT SAY, OKAY.

UH, JUST POINT OF ORDER HERE REAL QUICK.

WE'RE I DON'T THINK ANYBODY'S, UM, GO AHEAD.

COMMITTED SCHNEIDER.

YOU HAD A QUESTION.

I'M NOT SURE.

I I'M SORRY.

I DID NOT UNDERSTAND WHAT, UM, UH, MR. RIVERA SAID, UH, MR. RIVERA, CAN YOU GO AND STATE YOUR, UH, YOUR MESSAGE TO THE COMMISSION PLEASE? SURE.

COMMISSIONER LAYS ON THE HILL, IF IT'S THE PLEASURE OF THE COMMISSION, PERHAPS, UM, MR. MECHANICA, PRO VITA FEW REMARKS.

OKAY.

ALL RIGHT.

TO CLARIFY YOUR PHONE.

OKAY.

OKAY.

I JUST WANT TO REITERATE, REITERATE.

I'M NOT OPPOSED TO THE SALE, AND I'M CONCERNED ABOUT HOW THIS MIGHT WORK WITH MY PARTICULAR STANDING POSTPONEMENT.

I DON'T WANT ANY REPERCUSSIONS.

SO IF YOU WANT TO POST BOND FOR MORE CONVERSATION, I'M ALL FOR THAT, BUT I DON'T WANT TO COME BACK IN A NEGATIVE WAY.

SO I'M IN A VERY PRECARIOUS POSITION, JUST PUTTING A TARGET ON MY BACK, EVEN COMING HERE.

SO I JUST WANT YOU TO BE AWARE OF THAT AT THE SAME TIME, THE ISSUES ARE REAL.

SO I DO APPRECIATE IT.

SO THANK YOU.

ALL RIGHT.

SO I'M NOT SURE IF THAT CLARIFIED ANYTHING RELATED TO, UH, MR. RIVERA'S COMMENT, BUT, UM, I THINK GO AHEAD TO Q AND A, OR, UM, DEBATE.

YOU'VE GOT COMMISSIONER SNYDER WHERE THE QUESTION.

OKAY.

COMMISSIONER.

THANK YOU.

WE'RE SO THIS, I LIKE IT.

I LIKE IT.

GO AHEAD.

AND I'M GONNA MAKE AN AMENDMENT TO THE MOTION TO POSTPONE TO MAY 10TH.

UH, I FEEL LIKE THERE IS LIKELY LET'S GO AND LOOK FOR A SECOND.

HOLD ON.

LET'S GET A SECOND COMMISSIONER PRAXIS, I THINK.

UH, SO WE'RE GONNA IT'S POSTPONEMENT UNTIL MAY 10TH.

OKAY.

GO AHEAD AND SPEAK TO YOUR MOTION.

COMMISSIONER SCHNEIDER.

I FEEL LIKE THERE IS LIKELY TO BE A SUPPORT FOR THIS.

UM, SO OWNING CHANGE, UM, ON THE PART OF THE COMMISSION, I MEAN, I CAN'T, I CAN'T SPEAK FOR ANYBODY ELSE, BUT, UM, THERE JUST SEEMS TO BE, UH, THE KIND OF PROCESS THAT WE MISSED IN THIS CASE THAT COULD RESOLVE ALL OR MOST OF THE CONCERNS THAT THE COMMISSION HAS BROUGHT UP.

I HEAR THE CONCERN ON THE PART OF THE CURRENT RESIDENT, BUT I FEEL VERY CONFIDENT THAT THIS GLASGOW AND THE APPLICANTS WOULD NOT DO ANYTHING THAT WOULD, UH, BE PERCEIVED AS SOME SORT OF LIKE THREAT OR ANYTHING TO THAT.

UM, CURRENT RESIDENTS, I WOULD FIND THAT DIFFICULT TO BELIEVE THAT THEY WOULD DO SOMETHING LIKE THAT.

SO, UM, I'M PRETTY CONFIDENT THAT THAT WON'T HAPPEN AT THE SAME TIME.

I'D LIKE TO, UH, PROVIDE THE APPLICANT AND THE TENANTS A COUPLE, A FEW WEEKS TO, UH, TO TALK WITH THE RESIDENTS

[01:05:01]

AND WORK OUT IF POSSIBLE, SOME SORT OF, UH, AGREEMENT OR SOME SORT OF, UM, UH, UH, ADDRESSING OTHER SORTS OF CONCERNS THAT THE TENANTS HAVE RAISED AND THAT, UM, WE GET FROM ECHOED HERE.

SO THAT'S WHY I'M, I JUST THINK WE NEED MORE THAN TWO WEEKS.

UM, AND THIS IS NOT YET SCHEDULED FOR COUNCIL, SO I THINK IT COULD BE RESOLVED THEN WE COULD MOVE FORWARD VERY QUICKLY WITH IT AND GET IT TO COUNCIL IN AN EXPEDITED WAY.

OKAY.

UH, DO WE HAVE ANYBODY SPEAKING AGAINST THE MOTION TO POSTPONE TILL MAY 10TH? I GUESS I JUST HAVE A QUESTION FOR STAFF OF WHAT, WHEN IS IT LIKELY TO GET SCHEDULED TO COUNSEL? DOES, IS THAT DEPENDENT UPON GETTING INTO SCHEDULED AT PC? YES.

UM, YEAH, ESPECIALLY IN THESE DAYS OF COVID AND OUR MEETINGS AND NOTIFICATIONS BECOMING MORE AND MORE COMPLEX.

I WON'T REQUEST A CITY COUNCIL BAIT UNTIL THE PLANNING COMMISSION HAS MET AND, AND MOVED IT FORWARD.

SO FOR EXAMPLE, IF IT WAS RESOLVED TONIGHT, THE SOONEST, IF YOU GO TO CITY, COUNCIL WOULD BE MAY 19TH.

A GOOD GENERAL RULE IS THERE'S ABOUT FOUR WEEKS BETWEEN COMMISSION AND COUNCIL.

SO IF IT DOESN'T GET SCHEDULED UNTIL THE 10TH, WOULD THAT MEAN IF THEY IT'D BE CLOSE TO BEING THE SUMMER BREAK AND WHAT HAPPENED TO LEFT OR THE BRAKE? UM, IT WOULD ACTUALLY PROBABLY HIT JUNE, WHICH HAS THE NINTH AND THE 16TH.

AND THEN THERE'S ALSO JULY 28TH, WHICH IS THE LAST ONE BEFORE THE BREAK.

SO THERE'S THREE DATES THAT WOULD BE POSSIBLE.

OKAY.

OR APPEAR TO BE POSSIBLE.

WHAT I CAN TELL AT THIS POINT, UH, LET ME JUST COMMISSIONER, IT'S