* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] SO WE ARE GOING TO GET UNDERWAY. [Call to Order] UH, MY NAME IS COMMISSIONER KING AND I'M GOING TO BE FILLING IN AS THE CHAIR TONIGHT FOR TONIGHT'S MEETING. SO APPRECIATE, UH, STAFF'S HELP AND EVERYBODY BEING HERE TONIGHT. AND SO WE HAVE, I JUST WANT TO SAY RIGHT UP FRONT, WE HAVE SIX ZONING AND PLANNING COMMISSION MEMBERS IN ATTENDANCE TONIGHT, THREE VIRTUALLY AND THREE HERE ON SITE. AND I JUST HAVE A CONCERN ABOUT TAKING ACTION ON ITEMS WITH JUST SIX MEMBERS. SO WHAT WE ARE THINKING ABOUT DOING IS DOING THE CONSENT AGENDA FIRST, GETTING THROUGH THAT, AND THEN RECESSING UNTIL WE GET AT LEAST ONE MORE MEMBER HERE SO WE CAN HAVE SEVEN MEMBERS. SO DOES THE COMMISSIONERS HAVE ANY CONCERNS ABOUT THAT? OKAY, COMMISSIONER, LET'S SEE. YEAH. CAN WE START GREENBERG YOUR HAND FIRST, NOT CONCERNED ABOUT YOUR SUGGESTION. I AM CONCERNED ABOUT ONLY HAVING SIX MEMBERS AND THAT MAYBE IF WE HAVE DISCUSSION CASES, WE SHOULD POSTPONE THEM. BUT I SIT IN THAT. WE DO HAVE ONE MORE NOW. YES. NOW WE HAVE SEVEN. OH YES. OKAY, GREAT. UH, CHAIR BARRERA, RAMIREZ. SURE. WE HAVE SEVEN. AND THEN I, UH, GOT AN EMAIL FROM, EXCUSE ME, COMMISSIONER. UM, I'M LIKING ON HIS NAME KOSTAS. THAT WILL BE JOINING US LATER. AND I, UNFORTUNATELY I AM DOUBLE-DIPPING TONIGHT, SO I AM PRESENTING AT THE BICYCLE ADVISORY COUNCIL. WE CAN HEAR YOU. OKAY. YEAH. COMMISSIONER DINKLER I THINK WE CAN HEAR YOU. SO, UH, OKAY. SO, UH, NOW WE DO HAVE, WE HAVE AT LEAST SEVEN MEMBERS NOW AND WE WILL HAVE ANOTHER ONE JOINING US PROBABLY RIGHT WHEN WE GET THROUGH WITH THE CONSENT. SO WE'RE GOING TO CONTINUE ON, WE'RE JUST GOING TO CONTINUE ON WITH THE MEETING AS USUAL. SO THANK YOU VERY MUCH. OKAY. SO THE FIRST SORT OF BUSINESS, DO WE HAVE ANY CITIZEN COMMUNICATION, ANY PUBLIC COMMUNICATION, ANY SPEAKERS FOR PUBLIC COMMUNICATION, THE COMMISSION LIAISON AND VERNO. WE DO NOT HAVE ANY REGISTERED PUBLIC COMMUNICATES. THANK YOU VERY MUCH. AND THE NEXT ITEM ARE THE [Consent Agenda] MINUTES FROM OUR MAY SET. UH, LET'S SEE. MAY THE THIRD MEETING MAY THE THIRD, 2022. ANY, ANY CORRECTIONS OR CHANGES TO THE MINUTES? OKAY. I, I THERE'S ITEM B TOO. SHOULD INCLUDE A CEO TO PROHIBIT SHORT-TERM RENTALS. THAT WAS PART OF THE CONSENT AGENDA ON ITEM B TWO ON THE MINUTES. SO CAN WE ADD AND AMEND THE NOTED? THANK YOU VERY MUCH. ALL RIGHT. ANY OTHER CORRECTIONS OR CHANGES? OKAY. HEARING NONE. UH, THAT WILL BE ON THE CONSENT AGENDA. OKAY. OUR FIRST ITEM ON THE CONSENT AGENDA ARE, IS ITEM B ONE C 14 20 21 0 0 0 3 SOUTH LAKELINE, RESIDENTIAL MIXED USE APPLICATION APPLICANT POSTPONEMENT TO JUNE THE SEVENTH. THE NEXT ITEM ON THE CONSENT AGENDA IS B TWO ITEMS C 14 20 22 0 0 B 0 0 4 1 ALISA ZONING DISTRICT SICK SIX STAFF POSTPONEMENT TO JUNE 7TH, ITEM B FIVE C EIGHT 14 2009 0 1 3 9 0.03 BULL CREEK PUT AMENDMENT NUMBER THREE, DISTRICT 10 STAFF POSTPONEMENT TILL JUNE 21ST ITEM B EIGHT, ENVIRONMENTAL VARIANCE S P 20 20 0 4 0 7 D DOLPHIN INDUSTRIAL STAFF RECOMMENDATION IS TO APPROVE WITH CONDITIONS OUTLINED IN THE ENVIRONMENT, ENVIRONMENTAL COMMISSION RECOMMENDATION ITEM B NINE C EIGHT, J 2019 DASH 0 1 8 6, PREMIER LOGIC LOGISTICS PARK PRELIMINARY PLAN STAFF RECOMMENDATION IS TO APPROVE. AND THEN ITEM B 10, C H J 20 22 0 0 3 0 EAST VILLAGE. RIDING TRACK PRELIMINARY PRELIMINARY PLAN. THIS ITEM IS ON CONSENT, BUT WHAT I WANT TO DO IS POINT OUT THAT THERE IS NO MASTER COMMENT REPORT FOR THIS ITEM. AND I JUST WANTED TO ASK STAFF ABOUT THAT AND, UH, SEE ABOUT WHETHER THIS ITEM HAS BEEN APPROVED BY DEFAULT BECAUSE OF THE SHOT CLOCK IN HB 31 67. SO CAN STAFF COUNTY STAFF, UH, ADDRESS THAT OKAY. AND I THINK THE STAFF IS JOSE ARRIAGA. AM I SAYING THAT CORRECTLY? SORRY. HOPE [00:05:01] I DIDN'T MESS UP YOUR NAME. CHAIR, COMMISSIONER LAYS ON RIVERA. IT LOOKS LIKE HE'S OFF. UM, HE'S AWAY FROM HIS DESK. OKAY. SO WE'RE GOING TO LEAVE THAT ON CONSENT, BUT I DID WANT IT NOTED THAT, UH, WHAT WE USUALLY SEE IS A MASTER COMMENT REPORT THAT HELPS INFORM THE COMMISSION ABOUT THE QUESTIONS THAT WERE ASSOCIATED WITH THESE, UH, PLANS. AND ALSO, UH, THAT, UH, YOU KNOW, AS I UNDERSTAND, THIS HAS BEEN APPROVED BY DEFAULT. AND SO, UH, UH, I'M NOT SURE ABOUT THAT. THAT'S WHAT, UH, MY UNDERSTANDING IS. DOES ANYBODY IN STEP ONE ADDRESS THAT CHAIR COMMISSION AND LAYS ON ENVERA? SO, UM, THE ITEM IS, UM, RECOMMENDED WITHOUT ANY CONDITIONS AND THE, UM, ALL THE COMMENTS HAVE BEEN ADDRESSED. UM, SO THEREFORE IT'S BEEN RECOMMENDED APPROVAL, RIGHT. UH, BUT THAT'S TO THE EXTENT OF THE INFORMATION I HAVE AT THIS TIME. OKAY. DOES ANYONE ELSE HAVE ANY COMMENTS, ANY OTHER STAFF? GOOD EVENING COMMISSION, STEVE HOPKINS WITH THE VELVET SERVICES? I SUPERVISE THE SUBDIVISION REVIEW GROUP, UM, THIS CASE, UM, THIS, I HAVE SOME QUESTIONS AS WELL. UM, AND I WAS UNABLE TO GET AHOLD OF THE CASE MANAGER AND, UH, IT APPEARS THAT IT MAY HAVE BEEN APPROVED, UM, BY DEFAULT, UM, IN MARCH. OKAY. AND I, I HAVE NOT BEEN ABLE TO GET AN, A FIRM ANSWER ON THAT. OKAY. WELL, THANK YOU FOR THAT INFORMATION. I JUST WANT THE PUBLIC TO BE AWARE OF THAT. SO WE'RE GOING TO TAKE ACTION TO APPROVE IT TONIGHT, AND, BUT IT MAY HAVE ALREADY BEEN APPROVED BY DEFAULT. THANK YOU VERY MUCH. I APPRECIATE YOU. YES. COMMISSIONER STERN. YES. UM, COMMISSIONER KING. I JUST WANTED TO DOUBLE CHECK ON THE CONSENT CALENDAR. I ALSO SEE B OH THREE, THE C4 TEEN HAS THAT BEEN PULLED OFF, PULLED THAT ONE AND I'LL GET TO THE DISCUSSION. OKAY. THANKS. GOOD QUESTION. THANK YOU. YES. ANY OTHER QUESTIONS? COMMISSIONER GREENBERG. UM, B ONE HAS BEEN POSTPONED. THIS WOULD BE THE FOURTH POSTPONEMENT SINCE AFTER WE GAVE IT AN INDEFINITE POSTPONEMENT. UM, I DON'T KNOW IF THE APPLICANT IS IN THE ROOM, BUT I JUST WONDER IF ONE MEETING IS SUFFICIENT OR IT SHOULD HAVE A LONGER POSTPONEMENT SO THAT IT DOESN'T HAVE TO BE POSTPONED AGAIN AND AGAIN AND AGAIN SURE. COMMISSION LIAISON AND VERY, YES, WE HAVE THE APPLICANT MS. VICTORIA. HOTSY ON THE TELECONFERENCE, MS. HUSSEY, HE'LL SELECT STAR SIX, PROCEED WITH EMERGENCY. HMM. SO MY QUESTION IS, DO YOU WANT LONGER? UM, I THINK THE REALITY IS THAT WE ARE HOPEFUL THAT WE CAN COME BACK ON, UH, THE POSTPONEMENT THAT'S REQUESTED, BUT, UH, REALISTICALLY WE ARE VERY LIKELY TO NEED LONGER. UM, SO TWO MEETINGS, INSTEAD OF ONE, IF IT IS THE WILL OF THE COMMISSION, WE CAN EXTEND THE POSTPONEMENT, UM, TO WHATEVER, WHATEVER DATE IS POSSIBLE BEYOND JUNE 7TH. YEAH. DID THE JUNE 21ST IS MY UNDERSTANDING ABOUT OUR NEXT OR OUR NEXT MEETING IN JUNE WOULD BE JUNE 21ST. SO DO WE WANT TO POSTPONE THAT TO JUNE 21ST? OKAY. I DON'T HEAR ANY OF THAT. THANK YOU VERY MUCH. I DON'T HEAR ANY OPPOSITION FROM THE COMMISSION ON THAT EITHER. SO THOSE WELL THAT ONE WOULD BE POSTPONED TO DO JUNE 21ST, UH, WITH APPROVAL OF CONSENT AGENDA. OKAY. ANY OTHER QUESTIONS OR COMMENTS ABOUT THE CONSENT AGENDA? SHOULD I GO THROUGH IT ONE MORE TIME FOR THE COMMISSION? OKAY. ITEMS ON THE CONSENT AGENDA ARE THE MINUTES FROM MAY THE THIRD, 2022 AS AMENDED, UH, ITEM B ONE C 14 20 21 0 0 0 3. POSTPONE TO JUNE 21ST BY THE APPLICANT ITEM B TO C 14 20 22 0 0 4 1 STAFF POSTPONEMENT TO JUNE 7TH, ITEM B FIVE C 18 2009 DASH 0 1 3 9 0.03. STAFF POSTPONEMENT TILL JUNE 21ST, ITEM B A AN ENVIRONMENTAL VARIANCE S P 20 20 0 4 0 7 D DOLPHIN INDUSTRIAL STAFF RECOMMENDATION AND APPROVE WITH CONDITIONS OUTLINED IN ENVIRONMENTAL COMMISSION, RECOMMENDATION ITEM B NINE C H J 20 19 0 1 8 6 PREMIERE LOGISTICS PARK PRELIMINARY PLAN STAFF RECOMMENDATION IS TO APPROVE ITEM B 10 C H J 20 22 0 0 3 0 [00:10:02] EAST VILLAGE. RIDING TRACK STAFF RECOMMENDATION IS TO APPROVE WITH CONDITIONS IN EXHIBIT C. OKAY. ANY QUESTIONS ABOUT THE CONSENT AGENDA? YES. COMMISSIONER GREENBERG. CAN YOU JUST SAY THE NUMBERS ONLY? OKAY. YES. I CAN SAY IT'S ITEMS. ALL RIGHT. ITEM A ONE ITEM B ONE, ITEM B TWO, ITEM B FIVE. ITEM B, ITEM B NINE, AN ITEM B 10 AND COMMISSIONER BRINGER. GREENBERG. ARE YOU MAKING SOME NOTES THERE? THANK, THANK YOU FOR DOING THAT BECAUSE AS I CAN'T DO THAT AS IN MY ROLE TONIGHT, SO THANK YOU FOR DOING THAT. OKAY. SO, UH, IS THERE A MOTION ON THE CONSENT AGENDA? DID MR. GREENBERG MOVE TO APPROVE THE CONSENT AGENDA AS READ AND CLOSE THE PUBLIC HEARINGS? UM, OKAY. B ONE, B TWO, B FIVE, B A BENIGN AND B 10. OKAY. IS THERE A SECOND? I'LL SECOND COMMISSIONER KING. OKAY. MR. THOMPSON. SECOND SET MOTION. OKAY. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OKAY. COMMISSIONER DINKLER ARE YOU VOTING? OH, COMMISSIONER DINKLER. WOULD, COULD YOU UNMUTE YOUR VOTING FOR THE CONSENT AGENDA? OKAY. SO ON THE DIOCESE HERE, EVERYBODY IN FAVOR OF THE CONSENT AGENDA. SO I'M SHOWING YOU NOW, THOMAS, UH, ON THE CONSENT AGENDA. OKAY. SO THE ITEMS FOR DISCUSSION ARE B3 ITEM C 14 20 22 0 0 1 4, SPRINKLED CUTOFF ROAD, REZONING ITEM B FOUR, C 14 20 21 0 1 9 4, EVELYN, CONTIGUOUS TO DISTRICT LINE AND THE SPEAKERS FOR ITEM BEFORE A STAFF WILL REACH OUT TO YOU 15 MINUTES BEFORE THAT ITEM COMES UP, BECAUSE ITEM B3 WAS ON CONSENT. NOW IT'S GOING TO COME UP FIRST BEFORE ITEM BEFORE, SO YOU DON'T HAVE TO WAIT. ONLINE. STAFF WILL CALL YOU, CONTACT YOU WHEN IT'S TIME TO CALL IN TO SPEAK. SO ITEM B SIX, C 14 20 21 0 1 4 1, UH, GABI ANNEX DISTRICT ONE, ITEM B SEVEN, C 14 20 22 DASH 0 0 20 21 0 3 WEST SLAUGHTER LANE, DISTRICT FIVE, AN ITEM B 11, C EIGHT S 77 DASH 1 36 VAC. LARRY JAMISON SUBDIVISION PLAT VACATION IN THE ETJ STAFF RECOMMENDATION IS TO APPROVE. ALL RIGHT. SO THE FIRST TIME WE'RE GOING TO DISCUSS IS ITEM [B3. Zoning: C14-2022-0014 - Sprinkle Cutoff Rd Rezoning; District 1] B3, C 14 20 22 0 0 1 4, SPRINKLE CUTOFF ROAD, REZONING. GOOD EVENING, COMMISSIONERS, HEATHER CHAFFIN WITH THE HOUSING AND PLANNING DEPARTMENT CASE C 14 20 22 0 0 1 4, SPRINKLED CUTOFF RESENT ZONING, UH, FROM INTERIM TWO AT 11,000 SPRINKLE CUTOFF ROAD. IT'S A 16 AND A HALF ACRE SITE. UH, STAFF IS SUPPORTING THE APPLICANT'S REQUEST. UH, THERE WAS A REQUEST AT THE PREVIOUS HEARING ON MARCH 29TH TO POSTPONE TO THIS MEETING. UM, I'LL JUST DO A REAL QUICK SUMMARY OF THE PROJECT. IT'S THE PROPERTY IS ON THE EAST SIDE OF SPRINKLE CUTOFF ROAD, APPROXIMATELY 500 FEET NORTH OF SAMSUNG BOULEVARD. IT'S UNDEVELOPED AND HEAVILY VEGETATED PROPERTIES TO THE NORTH EAST AND SOUTH ARE PRIMARILY DEVELOPED WITH SINGLE FAMILY RESIDENCES AND ARE ZONED A COMBINATION OF INTERIM SF TWO AND PUD. THE PIONEER CROSSING PUD ACROSS SPRINKLED CUTOFF ROAD TO THE WEST IS AN UNDEVELOPED PARCEL THAT IS OWNED SF SIX FURTHER WEST IS IRR AND UH, DEVELOPED WITH SINGLE FAMILY. RESIDENTIAL STAFF SUPPORTS THE REQUEST. THE PROPERTY ACROSS THE STREET TO THE WEST WAS REZONED FROM INTERIM RR TO SF SIX IN 2017. AND, UH, THERE ARE OTHER PROPERTIES IN THE AREA WITH SINGLE FAMILY, RESIDENTIAL OF THE STANDARD LOT SIZE, UH, GRANTING SF SIX ON THIS TRACT REFLECTS EQUAL TREATMENT TO THE PROPERTY ACROSS THE ROAD. AND IT ALSO INCREASES THE VARIETY OF VARIETY OF HOUSING TYPES AVAILABLE IN THE AREA. AND I'M AVAILABLE FOR QUESTIONS. I KNOW THE APPLICANT AND NEIGHBORHOOD REPRESENTATIVES ARE ALSO HERE. THANK YOU. NOW IT'S TIME FOR THE APPLICANT. YES, WE'LL HEAR FROM MS. AMANDA BROWN. MRS. BROWN. YOU'LL HAVE SIX MINUTES. GOOD EVENING COMMISSIONERS. MY NAME'S AMANDA BROWN. I'M WITH KIMLEY-HORN I'M THE APPLICANT FOR THIS REZONING REQUEST. HOW DO I? [00:15:01] OKAY. UM, AGAIN, UM, THE LOCATION IS AT 1100 SPIEGEL CUTOFF ROAD. WE'RE HERE IN FRONT OF YOU TONIGHT WITH A REZONING REQUEST SLIDE, PLEASE. THIS IS A LOCATION MAP. UM, THE PROPERTY IS LOCATED ALONG SPRINKLE CUTOFF ROAD. NEXT SLIDE, PLEASE. THIS IS A ZONING MAP THAT OF THE CURRENT ZONING. UH, THE TRACT OUTLINED IN RED IS, UH, THE SUBJECT PROPERTY. IT'S CURRENTLY INTERIM RURAL RESIDENTIAL, AND WE'RE PROPOSING, UM, TO REZONE IT TO SF SIX, UH, AS HEATHER ALREADY, UH, MENTIONED SF SIX ACROSS THE STREET AND THE SURROUNDING PROPERTIES ARE ALL DEVELOPED AS, AS RESIDENTIAL HOMES. NEXT SLIDE PLEASE. UH, I WANTED TO TALK A LITTLE BIT, I KNOW THAT THERE WAS SOME CONCERNS ABOUT, UM, TRENT TRANSPORTATION AND TRAFFIC IN THIS AREA. SO I WANTED TO TALK A LITTLE BIT ABOUT, UM, JUST WHAT, WHAT COMES WITH DEVELOPMENT. THE CITY OF AUSTIN HAS, UM, EXISTING REQUIREMENTS THAT DEVELOPERS ARE REQUIRED TO COMPLY WITH, UM, TO, UM, HAVE TRANSPORTATION IMPROVEMENTS COME WITH DEVELOPMENT. UH, THE FIRST OF THOSE THAT I'LL TALK ABOUT IN A LITTLE BIT IS A NEIGHBORHOOD TRAFFIC ANALYSIS. THAT'LL TAKE PLACE AT THE TIME OF THE SITE DEVELOPMENT PERMIT. UM, THE NEXT ONE IS THAT WE WILL BE CONTRIBUTING TO STREET IMPACT FEES. THIS IS A RELATIVELY NEW, UM, REQUIREMENT OF THE CITY OF AUSTIN THAT WE WILL CERTAINLY BE SUBJECT TO. AND THOSE WILL ALSO BE ASSESSED AT THE SITE DEVELOPMENT PERMIT STAGE. UM, SPRINKLE CUTOFF ROAD IS SLATED FOR IMPROVEMENTS IN THE NEXT SEVERAL YEARS. UM, ANY MORE DETAILS ON THAT WOULD PROBABLY BE A GOOD QUESTION FOR THE AUSTIN TRANSPORTATION DEPARTMENT. UM, BUT, BUT WE WE'VE BEEN MADE AWARE THAT THAT IS, UM, IN, IN THE NEAR TERM PLANS. ADDITIONALLY, WE EXPECT TO BE DEDICATING, UM, RIGHT OF WAY, UM, IN ORDER FOR THE FUTURE IMPROVEMENTS OF SPRINKLE CUTOFF ROAD, UH, WE EXPECT THAT TO BE, UH, PROBABLY FIVE TO 10 FEET. UM, ADDITIONALLY THERE'S THE MOE CAN TRAIL, UM, THAT'S, UH, PLANNED TO THE EAST OF THE PROPERTY. UH, SO WE EXPECT TO BE WORKING WITH THE PARKS DEPARTMENT, UM, FOR ANY SORT OF TRAIL IMPROVEMENTS OR CONNECTIVITY TO THAT TRAIL AS WELL. NEXT SLIDE, PLEASE. SO A LITTLE BIT ABOUT THE NEIGHBORHOOD TRAFFIC ANALYSIS. UM, THIS ANALYSIS HAS BEEN DEFERRED TO THE TIME OF SITE PLAN. THE CODE DOES SAY THAT IT CAN EITHER BE REQUIRED AT THE ZONING STAGE OR AT THE SITE PLAN STAGE, UM, OVER THE LAST SEVERAL YEARS. UM, IT'S BEEN MY EXPERIENCE THAT STAFF HAS PREFERRED TO DEFER THESE STUDIES UNTIL THE TIME OF SITE PLAN, UM, FOR MULTIPLE REASONS. THE FIRST BEING THAT AT THE TIME OF SITE PLAN, YOU UNDERSTAND A LITTLE BIT MORE ABOUT EXACTLY WHAT THE PROJECT IS GOING TO LOOK LIKE. YOU KNOW, HOW MANY UNITS IT'S GOING TO BE, YOU KNOW, EXACTLY WHERE YOUR ACCESS POINTS ARE GOING TO BE. SO YOU CAN REALLY HAVE MORE INFORMATION FOR A MUCH MORE MEANINGFUL ANALYSIS. UM, THE NTA IS SOMETHING THAT, UH, IS REQUIRED TO BE DONE BY THE DIRECTOR, SO BY CITY OF AUSTIN STAFF. SO WE EXPECT THAT TO BE, UM, TO BE ASSESSED AT THE SITE DEVELOPMENT PERMIT. NEXT SLIDE PLEASE. UM, THIS IS, I BELIEVE YOU'VE ALREADY SEEN THIS SLIDE. WE ARE TRIGGERED, UM, COMPATIBILITY IS TRIGGERED ON THIS SITE, BOTH FROM THE SOUTH AND THE NORTH. SO WE'LL BE COMPLYING WITH THAT AS WELL. NEXT SLIDE PLEASE. UM, AND YOU KNOW, WE FEEL LIKE THIS IS A REALLY GOOD, UM, REZONING FOR THIS AREA, BOTH IN TERMS OF IT ALIGNING WITH THE COMPREHENSIVE PLAN. I IMAGINE AUSTIN FOR PROVIDING MORE HOUSING AND DIVERSE HOUSING TYPES. UM, ADDITIONALLY, UM, ALIGNS WITH MANY OF THE INITIATIVES OF THE COUNCIL FOR WANTING MORE HOUSING, UM, IN AUSTIN. NEXT SLIDE, PLEASE. UH, THAT CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS. UM, THE REPRESENTATIVE FROM THE DEVELOPERS HERE AS WELL FOR ANY QUESTIONS, UH, IF, IF THANK YOU. THANK YOU. THANK YOU WHOLE, MR. JONATHAN SAYS BB SPEAKING OR NO. OKAY. SO NOW WE'LL HEAR FROM THE OPPOSITION MS. SAMMY EASTER DAY, MISS EASTER DAY, YOU'LL HAVE SIX MINUTES. THANK YOU. BUT BEFORE YOU TURN ON THE TIMER, UM, I'M NOT AN OPPOSITION OR FAVORING IT OR OPPOSING IT. I'M NEUTRAL ON IT AT THIS POINT. SO I JUST WANTED TO CLARIFY THAT BEFORE YOU, YOU, YOU CAN'T SAY YOU'RE NEUTRAL, YOU HAVE TO BE FOR IT OR AGAINST IT. AND I'M NEITHER. SO THANK YOU FOR YOUR VOLUNTEER SERVICES, NOT ONLY AT THESE MEETINGS, BUT AT THE BEHIND THE SCENES WORK AND PREP YOU DO. WE COME BEFORE YOU JUST SPEAK FOR THE SAFETY OF A SPRINKLE CUTOFF ROAD, THERE WILL BE OVER 1600 PEOPLE LIVING THERE WITH THIS DEVELOPMENT AND THE ONE RIGHT ACROSS THE ROAD FROM IT. PLUS THE ONES THAT ARE ALREADY ON THE GROUND. THE PROCESS IS SUPPOSED TO ENSURE SAFETY CURRENTLY DELIBERATELY FRAGMENTED SO THAT EACH APPROVAL LYNCH D ONLY APPROVES THEIR SMALL BIT WITHOUT REAL CLOUD JOEL THEY'D PICTURE PLANNING. WE [00:20:01] WHO LIVE THERE MUST DEAL WITH ALL THE UNINTENDED CONSEQUENCES. STAFF USES GOOGLE TYPE SOPHISTIC, COMPUTER MODELING, AND THERE'S NOTHING WRONG WITH THAT. BUT SOME OF IT'S OLD AND OUTDATED CONCLUSIONS DRAWN FROM THIS TYPE OF DATA MAY BE FLAWED. FOR AN EXAMPLE, THEY PUT A TRAFFIC COUNTER ON THE ROAD FOR SUCH A RIDICULOUSLY SHORT PERIOD OF TIME THAT THE DATA THAT YOU MIGHT GET IS FLAWED. THE PLAN TO BE DISCUSSED IS MOSTLY A DONE DEAL WITH A FEW MINOR DETAILS TO BE WORKED OUT WHILE THE CONDO DEVELOPMENT WILL MAKE PROFITS FOR THE DEVELOPER AND REAL ESTATE. WE WHO LIVE NEXT TO IT MUST DEAL WITH THE FALLOUT. WE DO NOT WISH TO STOP THE DEVELOPMENT, AND WE HAVE NO QUARREL WITH BUSINESSES MAKING A PROFIT, BUT THERE SOME ISSUES THAT MUST BE ADDRESSED BEFORE YOU MENTALLY TURN OFF. WHAT I HAVE TO SAY. SAFETY IS A BIG PART OF YOUR RESPONSIBILITY AND BANDING HOUSING UNITS. YOU CAN ADD NEEDED SAFETY REQUIREMENTS TO THE APPROVAL PROCESS. YOU ALREADY HAVE A PLATTED APPROVED CONDO DEVELOPMENT RIGHT ACROSS THE ROAD. AND IT'S TWICE THE SIZE OF THIS ONE. SPRINKLE CUTOFF IS AN OLD TWO LANE COUNTY ROAD WITH HILLS BLIND CURVES, MARGINALLY SAFE ROAD SERVICES, AND TWO BRIDGES. THE ROAD RUNS SOUTHEAST AND NORTHWEST BETWEEN SPRINKLE ROAD AND PIONEER FARMS ROAD AND ENDS AT T INTERSECTIONS. MOST OF IT WAS A NEXT BY BO AUSTIN OF THE LAST SIX YEARS. UH, THE, ANY IMPROVEMENTS CURVED IN SIDEWALKS ARE PARALLEL TO THE NEW RESIDENTIAL DEVELOPMENT. AND I PRESUME THIS DEVELOPMENT WILL DO THE SAME, THE ONLY WAY IN AND OUT OF ALL YOUR APPROVED MULTIFAMILY DEVELOPMENTS, INCLUDING THIS ONE IS SPRINKLE CUTOFF MIDWAY BETWEEN THE TERMINUS IS SAMSON ROAD WITH AN ELEMENTARY SCHOOL WITHIN WALKING DISTANCE OF THE INTERSECTION FOR UPPER GRADE CHILDREN. THERE'S NO SIGNIFICANT TRAFFIC SIGNALING ANYWHERE ON SPRINKLE CUTOFF. I WAS TOLD BY PLANNING DEPARTMENT THAT MAYNOR ISD INDICATED TO A PREVIOUS BUILDER. THEY DIDN'T HAVE TO DO ANYTHING TO THE INTERSECTION MITIGATION. AND THAT WAS PRIOR TO ALL THIS CURRENT TRAFFIC LATE ROUTINELY EXCEEDS THE ONE POSTED 35 MILE AN HOUR SPEED SIGN. IMAGINE YOU AND A CHILD TRYING TO CROSS THERE. NOW YOU'RE ENABLING 134 MULTIFAMILY UNITS ADDED TO THIS ALREADY CONGESTED AND DANGEROUS ROAD IN AN EMERGENCY EVACUATION FOR FIRE HAZARDS. THIS IS A FORESTED AREA OR ANOTHER ENVIRONMENTAL DISASTERS BECAUSE THE SAMSUNG PLANT IS PRETTY CLOSE. EVACUATION ROUTES ARE LIMITED TO THIS ROAD FOR OVER 1600 PEOPLE. THERE ARE ESTABLISHED RESIDENTIAL COMMUNITIES ALONG SAMSUNG THAT WOULD BE USED A LOT IN SAMSUNG OUT OF THE AREA. SIGNALING TRAFFIC WIDE SHOULD BEGIN AT BREAKER AND PIONEER FARMS ROAD. THERE'S A HUGE CONDO DEVELOPMENT RIGHT THERE ON THE NORTH SIDE AND CARS ALREADY LINE UP TO TRY TO GET ON BREAKER, WHICH IS GOING TO BE EXPANDED TO SAMSUNG IN THE NEXT SEVERAL YEARS WHEN PIONEER FARMS HAS AN EVENT, VEHICLES ARE PARKED EVERYWHERE. THERE'S EMPTY GROUND OR CURVED SIDE. ANOTHER SIGNAL AT SAMSUNG AND SPRINKLE CUTOFF SHOULD BE REQUIRED. PART OF ANY PROPOSED PLAN COMPLETED WITHIN A REASONABLE TIMEFRAME AND NOT YEARS FROM NOW BETTER TRAFFIC MITIGATION IS NECESSARY. IT'S SPRINKLE CUTOFF AND SPRINKLE ROAD. SPRINKLE ROAD HAS A BLIND FIVE WAY INTERSECTION, NOT FAR SIDEWALKS THAT GO NOWHERE ARE BASICALLY USELESS. THEY'LL THERE'S PUT SIDEWALKS ON THEIR DEVELOPMENT PER CURRENT CODE. THERE SHOULD BE CHANGED OR THE CITY SHOULD PLAN TO BUILD ADDITIONAL SIDEWALKS TO CONTINUE FOR OUR CONTINUOUS PATHWAY. CURRENTLY THE PEDESTRIANS, WHEN THEY COME TO THE END OF THE SIDEWALK, GET ON THE ROADWAY. THERE WAS EVEN A LADY PUSHING A PRAM AND I WAS DRIVING. SO I PUT MY CAR FLASHER LIGHTS ON AND FOLLOWED HER SO THAT AT LEAST I'D GET RAMMED INTO. AND SHE AND THE BABY WOULDN'T AUSTIN AND X, THIS AREA AUSTIN WANTS TO SUPPORT DENSE DEVELOPMENT IN THIS AREA. AUSTIN NEEDS TO REQUIRE THE SAME SAFETY FEATURES REQUIRED AND DENSELY POPULATED ELSE AREAS ELSEWHERE IN THE CITY. OUR NEIGHBORHOODS SAFETY AS IMPORTANT AS ANY OTHER IN AUSTIN, YOU'RE COMMISSIONED TO PROVE THIS DEVELOPMENT IN THE MULTIFAMILY HOUSING DIRECTLY ACROSS THE ROAD. YOUR COMMISSION HAS THE POWER TO ENSURE THAT NO BABY CHILD OR ADULT IS KILLED REMAIN BECAUSE OF POLICIES THAT IGNORED, SHARED RESPONSIBILITY OF DEVELOPER AND CITY TO PROVIDE SAFETY AND CURRENT FOR THE CURRENT AND FUTURE RESIDENTS OF THIS AREA. [00:25:01] THANK YOU. THANK YOU VERY MUCH, CHERYL. AND I'LL HEAR FROM THE APPLICANT FOR THREE MINUTES. LITTLE, THANK YOU, MISS EASTER DAY. I APPRECIATE IT. SURE. THE APPLICANT WILL FOREGO THE THREE MINUTE REBUTTAL. THAT'S THE, UH, YES, YES, YES. FOR THE THREE MINUTE REBUTTAL FROM THE APPLICANT, THE APPLICANT WILL FOREGO THE REBUTTAL. OH, THANK YOU VERY MUCH. OKAY. SO NOW IT'S, UH, BACK TO THE COMMISSION. UH, ARE THERE ANY QUESTIONS FROM COMMISSIONERS ABOUT THIS CASE? SURE. CAN WE CLOSE THE PUBLIC HEARING? YES. A MOTION TO CLOSE THE PUBLIC HEARING COMMISSIONER DANGLER, UM, BECAUSE THE PUBLIC HEARING, AND THEN I HAVE A QUESTION FOR MR. GOLDEN. OKAY. IS THERE A SECOND TO CLOSING THE PUBLIC HEARING? I CAN SECOND THAT THIS IS NADIA. OKAY. OKAY. UH, IT'S MR. GOLDEN AVAILABLE OUR TRAP. OKAY. YES. HANG ON A SECOND. WE GOT A VOTE. NO WORRIES. HANG ON. OKAY, SO WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC, HEARING ALL THOSE IN FAVOR. RAISE YOUR HAND. OKAY. AND IT'S UNANIMOUS. THANK YOU VERY MUCH. UM, MR. GOLDEN, CAN YOU TELL US WHEN THIS ROAD IS PLANNED FOR IMPROVEMENT? I MEAN, A DAD, UH, UH, IT SOUNDS LIKE IT'S ON THE FIVE-YEAR CIP, BUT PERHAPS SHE COULD ENLIGHTEN US. I'M FAMILIAR WITH THIS ROAD AND THERE ARE CURVES AND IT IS PACKED WHEN PIONEER FARM AS AN EVENT. UM, I HAVE TO ADMIT, I'M CONCERNED ABOUT THE ROAD AND WE HAVE HAD IN TAS AS PART OF THE ZONING. SO MY SENSE IS A NEW PRACTICE CODE ALLOWS THE EITHER OPTION I'LL RESPECT THAT. BUT I WOULD LIKE TO KNOW WHEN THE ROAD IS PLANNED FOR IMPROVEMENT, OF COURSE, BRIAN GOLDMAN, AUSTIN TRANSPORTATION DEPARTMENT. WE DON'T HAVE A SPECIFIC DATE YET FOR THAT PROJECT. WE'RE STILL COLLECTING FUNDING FOR THE ROADWAY, BUT IT'S ANTICIPATED THAT IT WILL BE WITHIN THE NEXT FIVE TO SEVEN YEARS. UM, THAT MAY BE EXPEDITED IF THERE IS MORE DEVELOPMENT IN THE AREA, WHICH WILL CONTINUE TO FUND ROADWAY IMPROVEMENTS. THIS IS SERVICE THE AREA D SO THAT'S, THAT'S OUR BEST ESTIMATE. AND RIGHT NOW, SO IT'S, UH, IMPROVEMENTS WILL BE MADE BY TRAFFIC IMPACT FEES RATHER THAN CIP ARE. OR ARE YOU SAYING IT'S ON THE LONG-TERM CIP PLAN? SO THE PROGRAMS WILL BE FUNDED BY THE NEW STREET IMPACT FEE. GOTCHA. OKAY. ALL YOUR DEVELOPMENTS WILL HAVE TO PAY INTO, UM, AND THEN THERE ARE AL ALLOCATED TO SPECIFIC, UH, SERVICE AREAS WITHIN THE CITY. SO IT IS THAT THEY ARE PAYING THEIR SHARE TOWARDS AN IMPROVEMENT THAT, UH, SERVES THAT DEVELOPMENT IN THAT COMMUNITY. THANK YOU. ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? UH, ONE MORE FOR THE APPLICANT. UM, MS. BROWN. YES. MA'AM, UH, I APPRECIATE YOUR ASSISTANCE WITH THIS AND GETTING THE TRAFFIC COUNTS, WHICH I KNOW, UM, YOU DID ON THE APPROPRIATE DATES AND BEFORE SCHOOL. SO THE DATA IS THERE AVAILABLE FOR SITE PLAN, UH, APPRECIATE YOUR PATIENCE WITH, UH, GATHERING THE DATA SO WE CAN GIVE, UH, TRANSPORTATION THE BEST ANALYSIS POSSIBLE. DO YOU ANTICIPATE THAT YOU WILL HAVE TO BUILD IN A TURN LANE INTO THE PROPERTY? IT WOULD PROBABLY EITHER BE, UM, A PORTION OF JUST WIDENING IT PERIOD, OR SOME SORT OF, UM, DIESEL LANE. YES, THAT'S OUR EXPECTATION. OKAY. AND GO AHEAD. I'M SORRY. I WAS JUST GOING TO SAY, YOU KNOW, WE'RE, WE ARE ALL ALIGNED WITH THIS ISSUE AND WE, WE WANT TO BE GOOD PARTNERS WITH THE CITY OF AUSTIN. UM, THIS IS GOOD FOR THE CITY, FOR THE NEIGHBORS AND FOR OUR DEVELOPMENT. SO ANY WAY WE CAN HELP WITH, UM, IMPROVING THE TRACK, TRAFFIC AND TRANSPORTATION IN THIS AREA WHERE ONBOARD AND THE, UH, SF SIX ACROSS THE STREET IS UNDEVELOPED, CORRECT? CORRECT. OKAY. UM, BY THE WAY, I APPRECIATE YOUR EFFORTS ON BEHALF OF ADDING TRAIL. UM, AND, UM, NO, MS. RAMIREZ WILL BE NODDING WITH ME, UH, THAT YOU'RE ALWAYS BEEN SO AMENABLE ABOUT GETTING TRAILS, UH, CONNECTED. THANK YOU. [00:30:03] OKAY. ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? ANY ON THE DYES? OKAY. SO DO, DO WE HAVE A MOTION ON THIS CASE? AND WHILE WE'RE THINKING ABOUT THAT, YOU KNOW, I DO APPRECIATE THE POINT FROM THE SPEAKER TONIGHT ABOUT TRYING TO, UH, TRYING TO GET THE IMPROVEMENTS TO THE TRANSPORTATION INFRASTRUCTURE, SORT OF, YOU KNOW, IN ALIGNMENT WITH THE DEVELOPMENT. SO WE DON'T HAVE THESE, UH, YOU KNOW, CRUNCH POINTS AND SAFETY ISSUES AS WERE DESCRIBED EARLIER. SO, YOU KNOW, I, I HOPE THE STREET IMPACT FEE WILL HELP US MAKE MORE PROGRESS IN THAT AREA. AND MAYBE LATER ON, STAFF COULD GIVE US A PRESENTATION ON HOW THAT IMPACT FEE IS USED, BECAUSE MY, ONE OF THE THINGS I'M THINKING ABOUT IS SHOULD THE IMPACT FEE FROM THIS DEVELOPMENT BE PLOWED BACK INTO THIS SPRINKLE ROAD CUTOFF AND NOT USED IN ANOTHER PART OF THIS, UH, THE AREA WE CALL THEM SECTORS, I GUESS, OR WHATEVER THAT THE FEE COULD BE SPINNING. SO I JUST, MAYBE STAFF COULD ADDRESS THAT. I WOULD HOPE THAT THE STREET IMPACT FEES FROM THIS DEVELOPMENT WOULD BE TURNED BACK RIGHT BACK INTO SPRINKLE ROAD, A SPRINKLED CUTOFF ROAD HERE. AND, UH, MAYBE WE CAN DO STAFF CAN GIVE US AN UPDATE ON THAT LATER ON AS A, AS A SEPARATE AGENDA ITEM. THANK YOU. OKAY. IS THERE A MOTION ON THIS CASE? YES. CHAIR BERRERA RAMIREZ. I HAVE A QUICK COMMENT AND THEN I'LL MAKE THE MOTION. I GUESS MY COMMENT IS THAT, YOU KNOW, THESE THINGS CONSTRUCTION OF AND DEVELOPMENT TAKE TIME TOO. SO MAYBE IF WE'RE ON THAT FIVE-YEAR TRACK, MAYBE EVERYTHING WILL HAPPEN AT ONCE AND IT'LL BE BEAUTIFUL, BUT, UM, SO I WOULD MAKE A MOTION TO APPROVE STAFF RECOMMENDATION. OKAY. SECOND. OKAY. MOTION BY CHAIR, BARRERA RAMIREZ TO APPROVE STAFF RECOMMENDATION FOR SFCS SECONDED BY COMMISSIONER STERN. IS THERE ANY DISCUSSION ABOUT THE MOTION? OKAY. SEEING NONE, NO QUESTIONS. OUR DISCUSSION ABOUT THE DEMOTION, THE MOTION, ALL THOSE IN FAVOR OF THE MOTION. RAISE YOUR HAND. AND IF I COULD MAKE ONE COMMENT, I THINK WHAT'S GOING TO HELP THIS FOR MS. EASTERLIES UNDERSTANDING IS THAT BLUE GOOSE CASE WHERE, UM, WE'RE GOING TO HAVE SOME BIG TRAFFIC IMPACT ANALYSIS FEES, UH, BROUGHT INTO THE PICTURE. SO WHILE I HAVE BEEN A LITTLE UNCOMFORTABLE ABOUT IT, UM, THE, THE INFORMATION FROM THE STAFF AND THE APPLICANT AND KNOWING WE'VE GOT MORE TRAFFIC IMPACT COMING, UH, I THINK I CAN SUPPORT IT. OKAY. SO, UH, I'M GOING TO, WE VOTED, SO I COUNTED. AYE. IT WAS UNANIMOUS. SO THAT, THAT, THAT HAS BEEN APPROVED STAFF, UH, RECOMMENDATION SF SIX ON THIS ITEM HAS BEEN APPROVED UNANIMOUSLY. THANK YOU. OKAY. SO THE NEXT ITEM IS ITEM [B4. Zoning: C14-2021-0194 - Evelyn; Contiguous to District 1] A, B FOUR. AND DOES STAFF WANT TO LAY THAT ITEM OUT FOR US? GOOD EVENING. UH, HEATHER CHAFFIN, HOUSING AND PLANNING. THE NEXT CASE IS 20 21 0 1 9 4. IT'S CALLED EVELYN. IT IT'S CURRENTLY IN THE ETJ. IT THERE'S AN ANNEXATION THAT'S BEING PROCESSED CONCURRENTLY, AND IT WILL BE IN DISTRICT ONE IF, AND WHEN IT IS ANNEXED CURRENTLY ON ZONED, THEY ARE REQUESTING S F FOUR A ON TRACT ONE AND C S M U ON TRACK TWO. SO THE OVERALL ACREAGE IS ABOUT 195 ACRES TRACT. ONE, THE S UH, SFR A REQUEST IS APPROXIMATELY 171 ACRES TRACK. TWO IS APPROXIMATELY 23.5 ACRES STAFF, UH, SUPPORTS THE REQUEST FOR TRACK ONE TO BE SF FOUR A AND WE RECOMMEND G R M U FOR TRACK TWO. AND THE APPLICANT IS AMENABLE TO THAT RECOMMENDATION. UH, THE PART, THE MAIN PART OF THE REASON THAT THIS PROPERTY IS BEING ZONED INTO TWO TRACKS IS BECAUSE THERE IS A FEW, THERE IS A FUTURE EXTENSION OF BREAKER LANE THAT WILL PASS THROUGH THE SUBJECT PROPERTY. THERE'S A HAND-DRAWN EXHIBIT IT'S SHOWING, UH, THE BREAKER LANE EXTENSION. SO IT'LL GIVE YOU AN IDEA, BUT IT'S NOT THE PRETTIEST THING I'VE EVER DRAWN, UH, PROPERTIES ON THE NORTH SIDE OF BLUE GOOSE ROAD, APPROXIMATELY HALFWAY BETWEEN, BETWEEN CAMERON ROAD AND HARRIS BRANCH PARKWAY. IT AGAIN ABOUT 195 ACRES. THERE IS A SINGLE FAMILY RESIDENCE, AND THE REMAINDER IS, UH, AGRICULTURAL NORTH OF THE PROPERTY IS SOME END DEVELOPED LAND IN THE ETJ ALSO TO THE, ALSO TO THE NORTH. AND THEN ALSO TO THE EAST IS THE HARRIS BRANCH PUD. AND IT [00:35:01] HAS, UH, THE OVERALL PET HAS A MIX OF LAND USES, BUT THE AREAS NEAR THIS PROPERTY ARE, UH, SINGLE FAMILY RESIDENTIAL WITH SOME AMENITIES, A PUBLIC PARK, UM, SOME OTHER, UH, RECREATION FEATURES AND BLUEBONNET ELEMENTARY BLUEBONNET TRAIL ACROSS BLUE GOOSE ROAD TO THE SOUTH IS A LANDFILL WEST OF THE PROPERTY IS AN UNDEVELOPED TRACT IN THE ETJ, WHICH IS A SMALL, UH, PROPERTY. AND THEN ALSO A LARGE TRACT THAT'S IN AUSTIN, FULL PURPOSE JURISDICTION. THAT ONE IS INTERIM SF. UH, IT'S MOSTLY UNDEVELOPED INCLUDES SOME SINGLE FAMILY, A SINGLE FAMILY RESIDENCE AND RELATED STRUCTURES, UH, ALSO TO THE WEST IS SOME PROPERTY, UH, IN THE ETJ THAT INCLUDES, INCLUDES CONVENIENCE STORAGE USE. THE PROPERTY IS PART OF A VOLUNTARY, FULL PURPOSE ANNEXATION, UH, BEING PROCESSED SEPARATELY. AND, UH, IT'S SUBJECT TO, TO THE AREAS CURRENTLY SUBJECT TO TWO ADJACENT ACT ANNEXATION AND DEVELOPMENT AGREEMENTS. UH, THESE WERE BOTH APPROVED IN 2014. THEY RESTRICT THE PROPERTY TO AGRICULTURAL AND RELATED USES UNTIL THE PROPERTIES ARE VOLUNTARILY ANNEXED AT THE DISCRETION OF CITY COUNCIL, OR IF THE AGREEMENTS EXPIRE, WHICH WOULD BE 15 YEARS FROM THAT DATE. SO SINCE THIS IS A VOLUNTARY ANNEXATION, THE AGREEMENTS WILL BE TERMINATED AND THE PROPERTIES CAN BE DEVELOPED IN ACCORDANCE WITH WHATEVER ZONING IS ASSIGNED. UH, I MENTIONED THE BREAKER LANE EXTENSION IT'S, UH, IN THIS GENERAL AREA IT'S, UH, CROSSING FROM, UH, KIND OF WHERE HARRIS BRANCH PARKWAY IS TO THE EAST AND HEADING TOWARDS SAMSUNG BOULEVARD AND CAMERON ROAD, UH, STAFF IS SUPPORTING THE SF FORAY, UH, ONTO THE LARGER TRACK TRACK ONE. UH, THIS IS SIMILAR TO THE INTERIM TO THE WEST. AND THEN ALSO THE HUD ZONING, WHICH IS, I GUESS, MOSTLY COMPARABLE TO SF THREE THAT IS TO THE NORTH AND EAST OF THE PROPERTY. UH, THIS WILL, YOU KNOW, PROVIDE A VARIETY OF HOUSING TYPES IN THIS AREA. UH, AS WE DISCUSSED ON THE PREVIOUS PROJECT, STAFF DOES NOT SUPPORT CSM YOU ON TRACK TO YOU BECAUSE IT'S A MORE INTENSE ZONING CATEGORY THAN MOST OTHER THINGS IN THE AREA. UH, WE BELIEVE THAT GRM IS APPROPRIATE FOR THAT TRACT, WHICH IS BORDERED ON THREE SIDES BY ARTERIALS. UM, I AM AVAILABLE FOR QUESTIONS AND THAT IS MY PRESENTATION. THANK YOU. NOW WE'LL HEAR FROM THE APPLICANT. THANK YOU, CHAIR. WE'LL HEAR FROM MR. JEFFREY HOWARD, MR. HOWARD, YOU HAVE SIX MINUTES. THANK YOU, MR. CHAIRMAN. UH, GOOD EVENING COMMISSIONERS. MY NAME IS JEFF HOWARD AND I REPRESENT THE APPLICANT IN THIS CASE. UM, AND STATE NEXT LINE. WHAT DID WE DO? WHICH ONE? WHAT DO WE HIT NEXT SLIDE. OH, AND JUST THE NEXT LINE. OKAY, GREAT. THANK YOU. UH, NEXT LINE. SO THE TRACK IS APPROXIMATELY 195 ACRES, UM, LOCATED IN THE NORTHEAST AREA OF, OF, UH, AUSTIN. THEY'RE HIGHLIGHTED IN BLUE ON THE SCREEN TO THE EAST. YOU HAVE A ONE 30 TO THE SOUTH. YOU HAVE TWO 90 TO THE NORTH, YOU HAVE PARMER LANE AND UP IN THE CORNER TO THE VERY FAR LEFT, THE VERY UPPER LEFT CORNER, YOU CAN KIND OF MAKE OUT . UM, THE THERE'S A HARRIS BRANCH PUD IMMEDIATELY TO THE EAST. THERE'S ALSO THE PIONEER CROSSING PUD IN THE AREA, UH, IN THE MIDDLE, KIND OF AT THE TOP OF THE SCREEN, YOU CAN SEE SAMSUNG, UH, AND IN THE BOTTOM TOWARDS THE MIDDLE, YOU CAN SEE, UH, AMD. AND SO, UH, THERE'S, THERE'S A LOT OF, UH, SCHOOLS, INFRASTRUCTURE EMPLOYMENT, UM, OUT HERE IT'S, UH, CURRENTLY AGRICULTURAL USE THE PROPERTY TO THE WEST, WHICH IS ZONE INTERIM SFA IS THE BREAKER VALLEY SUBDIVISION. I THINK IT HAS A PRELIMINARY PLAN. NEXT SLIDE, PLEASE. HERE'S THE ZONING, UM, THAT, UH, MS CHAFIN WAS REFERRING TO. YOU CAN SEE IN THE AREA MP3 IN THE AREA, PUD ZONING, WHICH WOULD ALLOW SOME SMALLER LOTS, UH, IN HARRIS BRANCH, UH, AS WELL AS IN PIONEER CROSSING. NEXT SLIDE. HERE'S THE ASM P UM, SHOWING THE, THE BREAKER LANE COMING THROUGH, UH, THE, THE, THE BREAKER VALLEY PROPERTY TO THE WEST THAT'S IN OUR IS GOING TO BE REQUIRED TO PROVIDE, UM, THAT, UH, BREAKER LANE EXTENSION THROUGH THEIR PROJECT. AND THAT WILL PROVIDE A CONNECTION TO CAMERON ROAD, WHICH IS ON THE WEST SIDE OF THAT. WE'LL BE PROVIDING, UH, BOTH DEDICATING THE RIGHT OF WAY AND FULLY CONSTRUCTING THE, UH, BREAKER LANE ARTERIAL THROUGH OUR PROPERTY. UH, IN ADDITION, WE'LL BE, WE'LL BE PROVIDING PER OUR, UH, TRAFFIC IMPACT ANALYSIS THAT WE'RE WORKING THROUGH WITH THE CITY OR FINALIZING WITH THE CITY. WE'LL HAVE SIGNALIZATION AND TURN LANES AS WELL TO MITIGATE TRAFFIC. [00:40:01] NEXT SLIDE PLEASE. SO THE ZONING IS FOR SFA, I'M SORRY. EXCUSE THE TYPO. IT'S NOT A HUNDRED, 180 ACRES, 171 ACRES. UM, AND WE THINK THIS IS CONSISTENT WITH THE ADJACENT BREAKER VALLEY SUBDIVISION AND THE PUDS IN THE AREA, UH, PROVIDES MUCH NEEDED HOUSING SUPPLY AT MORE ATTAINABLE MARKET RATE, UH, RATES. UH, IT'S AN AREA WITH GOOD SCHOOL TRANSPORTATION, RETAIL INFRASTRUCTURE. THE GRM USE ZONING WILL ALLOW FOR ADDITIONAL COMMERCIAL SERVICES AND MIXED USE DEVELOPMENT IN THIS AREA ALONG MAJOR ARTERIAL. UH, WHAT I WOULD NOTE HERE IS YOU CAN SEE FROM THE DRAWING W THE SINGLE FAMILY REMAINS ADJACENT TO THE, UM, UH, UH, HARRIS BRANCH, SINGLE FAMILY TO THE EAST, SO THAT WILL PROVIDE COMPATIBLE USES. WE DON'T HAVE ANY COMMERCIAL UP AGAINST THOSE HARRIS BRANCH. UM, UM, LOTS NEXT SLIDE, PLEASE. UH, AS MISS JEFF HAD MENTIONED, THIS IS A VOLUNTARY ANNEXATION CASE, AND, YOU KNOW, CURRENTLY THE LAW IN TEXAS IS THAT THERE IS NO INVOLUNTARY ANNEXATION ALLOWED ANYMORE. UM, AND SO WE DON'T HAVE THE OPPORTUNITY IN AUSTIN TO EXPAND OUR TAX BASE INTO THE ETJ BY ANNEXATION OR TO EXTEND IN CITY RULES. AND SO WITH THIS ANNEXATION CASE, WE'LL BE ABLE TO EXPAND THE TAX BASE, AND WE'LL ALSO BE ABLE TO APPLY IN CITY RULES TO THE AREAS SUCH AS BUILDING CODES, ZONING REGULATIONS, LANDSCAPE REGULATIONS, ET CETERA, UM, THE CONSTRUCTION OF BREAKER LANE. UH, THIS IS A VERY, VERY IMPORTANT INFRASTRUCTURE. I'VE HAD NUMEROUS PROJECTS WITH CITY STAFF THAT, UH, ARE LOOKING TO, UH, COMPLETE BREAKER LANE THROUGH THIS AREA. UH, AND THIS WILL HELP FILL THE GAP BETWEEN THE BREAKER LANE, UH, THE BREAKER VALLEY SUBDIVISION AND BLUE GOOSE ROAD, WHICH WOULD PROVIDE A CONNECTION, UM, FROM CAMERON ROAD TO BLUE GOOSE, UH, IN THIS AREA, FUTURE GROWTH. AND IT'S A FULL BUILD OUT, UM, THE ENTIRE, UH, ARTERIAL, AND WE'LL ALSO BE PROVIDING, UM, MITIGATION IN THE FORM OF SIGNALIZATION AND, UM, TURN LANES. UM, SO WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS, AND THAT CONCLUDES MY PRESENTATION. THANK YOU. THANK YOU. THANK YOU. HEAR FROM, UH, MS. LORELLA LOFTUS ON THE TELECONFERENCE, MS. LOFTIS SELECT STAR SIX, PROCEED WITH YOUR REMARKS. MS. LOFTIS, IF YOU'LL SELECT STAR SIX AND PROCEED WITH YOUR REMARKS, MR. LEFTIST. IF YOU'RE HAVING A NIGHT, UM, ISSUES FEEL FREE TO CALL BACK IN AND WE'LL TRY TO, UM, WORK THROUGH THE PROCESS THAT WAY CHAIRMAN'S OFFICE IS CALLING BACK IN AT THIS TIME. OKAY. AND WE'LL JUST HANG ON JUST FOR A SECOND OR TWO. THANK YOU. I KNOW IT TAKES A FEW SECONDS TO TYPE IN THE CODE FOR THE MEETING AND GET INTO THE QUEUE. SO THANK YOU FOR JOINING MS. , IF YOU'LL, UH, JUST PROCEED WITH YOUR REMARKS AT THIS TIME. [00:45:01] HI, MY NAME IS LORELLA LAST DESK. UM, I LIVE IN HARRIS BRANCH AND MY PROPERTY, MY BACKYARD BACKS ON TO THE PROPOSED DEVELOPMENT. LUCAS IS ALREADY A NARROW AND DANGEROUS ROAD. I DRIVE ON IT EVERY DAY, AND THERE ARE A LOT OF TRUCKS, UM, ON THIS ROAD, UM, AND LARGE CONSTRUCTION TRUCKS WOULD MAKE IT EVEN MORE DANGEROUS TO DRIVE ON TRAFFIC WITH ALSO INCREASE SUBSTANTIALLY WITH THE NEW SUBDIVISION. AND THIS ROAD IS INADEQUATE. IN ADDITION, THAT WILL BE DISRUPTIVE AND CONTINUOUS CONSTRUCTION NOISE FOR A SUBSTANTIAL TIME. AND THE FURTHER IT WOULD OBSTRUCT THE OPEN VIEW AND CAUSE A LACK OF PRIVACY. THAT CONCLUDES MY, UH, MY, MY, UH, POINTS. THANK YOU. YOU CAN SHARE. WELL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. OKAY. SO NO REBUTTAL. OKAY. ALL RIGHT. THANK YOU. THE APPLICANT DOESN'T HAVE A REBUTTAL. OKAY. SO DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? OKAY. COMMISSIONER STERN MAKES THE MOTION IS THE SECOND COMMISSIONER BARRERA RAMIREZ OR CHAIR? BERRERA RAMIREZ. OKAY. ALL THOSE IN FAVOR. RAISE YOUR HAND. ALL OPPOSED. SAME SIGN IT'S UNANIMOUS. THANK YOU. OKAY. QUESTIONS FROM THE COMMISSION? EXCUSE ME, MR. JERRY. I JUST HAVE A QUESTION. YES. COMMISSIONER STERN. YES. UM, LOOKING AT THE, AT THE SITE PLAN, IT WAS UNCLEAR WHETHER THERE'S GOING TO BE A CONNECTION TO GAELIC DRIVE. UM, THERE WAS A LOT OF DISCUSSION ABOUT, UM, BRAKER LANE COMING THROUGH, BUT THAT DOESN'T EXIST YET. AND, UM, AND I, I SHARE SOME OF THE CONCERNS ABOUT BUILDING A LARGE PROPERTY. THAT'S ALL FEEDING ONTO BLUE GOOSE WHEN WE COULD BE TRYING TO CONNECT TO HARRIS BRANCH OR TO CAMERON ROAD. SO I WAS WONDERING IF THE SITE PLAN WILL CONNECT TO GAELIC THROUGH HARRIS BRANCH AND ALSO, UM, THE UNNAMED ROAD THAT'S AT THE NORTH SIDE, NORTH AND WEST SIDE OF THE PROPERTY. UM, IF THAT IS GOING TO BE IMPROVED TOWARDS CAMERON ROAD IN THESE INTERVENING YEARS, UM, COMMISSIONER JEFF HOWARD FOR THE APPLICANT. UH, THANK YOU FOR YOUR QUESTIONS. UH, THERE WILL BE A CONNECTIONS PROPOSED TO, UH, HARRIS BRANCH. I DON'T KNOW IF IT'S AT GAELIC, BUT THERE'S A CONNECTION TO THE EAST TO HARRIS BRANCH, UM, IN KIND OF THAT SOUTHERN PORTION, IF THAT'S WHERE YOU'RE REFERRING TO, THERE ALSO BE A CONNECTION ON THE NORTH SIDE, UM, TWO CONNECTIONS TO THE NORTH ONE AT THE SORT OF THE WIDEST PART, AND THEN ANOTHER CONNECTION AT THE NARROWEST PART FURTHER NORTH. AND THEN THERE WILL BE ADDITIONAL CONNECTIONS TO THE, UM, TO THE BREAKER VALLEY SUBDIVISION AS WELL. THE, THE TIA DOES, UH, MY UNDERSTANDING IS THAT THE TIA DOES ADDRESS TIMING AND CONSTRUCTION OF THE BREAKER LANE, UM, ROADWAY. SO WE WILL BE, WE WILL BE BUILDING THAT, UM, UM, YOU KNOW, FULLY DESIGNED AND BUILT, UH, IN A TIME SET FORTH IN THE TIA. AND I, SO YOU WON'T HAVE THE FULL DEVELOPMENT HAPPENING AND WE'RE WAITING ON THE CITY TO BUILD IT. WE'LL BE BUILDING IT AS PART OF OUR REQUIRED MITIGATION. THANK YOU. YEAH. I JUST SAID, I GUESS IT'S REALLY MORE REQUESTING FOR STAFF. IT WOULD BE HELPFUL WHEN WE'RE LOOKING AT THESE, LIKE WE'VE GOT THE DRAWING OF PROPOSED BREAKER, BUT WE DON'T REALLY HAVE A GOOD UNDERSTANDING OF WHERE THE EXISTING CONNECTIONS ARE GOING TO BE. CAUSE IT LOOKS LIKE GALA COMES TO THE NORTH SIDE DIRECTLY. IT LOOKS LIKE THE, YOU KNOW, THE ELEMENTARY SCHOOLS THERE AND THERE'S POSSIBILITIES, BUT I DON'T KNOW THAT MAYNOR ISD IS LETTING YOU BUILD ROADS RIGHT THROUGH THERE. AND THEN THERE'S THE CONNECTION TO CREAMER AND IT'S A CAMERON AND IT'S SORT OF BUILT INTO IT, BUT THERE'S NO CLEAR INDICATION OF WHERE THESE ROADWAYS COME INTO OR OUT OF THE PROPERTY AT THIS POINT, IT'S HEATHER CHAFFIN, HOUSING AND PLANNING. THESE ARE NOT ITEMS TYPICALLY, UH, PROVIDED TO US AT TIME OF ZONING. UM, THE INFORMATION WE HAVE IS THAT THE PROPERTY WILL HAVE FRONTAGE ON BREAKER BLUE GOOSE AND THAT SKINNY FLAG TOWARD CAMERON. THOSE ARE ALL EXISTS. THOSE ARE ALL OF THE MAIN ARTERIALS. I, I WASN'T AWARE OF IF THERE WERE GOING TO BE ANY CONNECTION, TIGRIS, BRANCH, PUD, AND THE [00:50:01] BREAKER VALLEY TO THE WEST, IT MIGHT BE SOMETHING THAT THE APPLICANT COULD PROVIDE AN EXHIBIT OF. THANKS COMMISSIONER. JUST TO CLARIFY, I DO BELIEVE THERE IS A, UH, EXTENSION PROPOSED IN OUR PRELIM AGAIN, MS. UH, MS. CHAFFIN'S, RIGHT? THESE ISSUES GET DRESSED AT PRELIMINARY PLAN AND AS PART OF YOUR STANDARD, UH, AUSTIN TRANSPORTATION DEPARTMENT, THEY WILL ENSURE THAT THEIR CONNECTIONS MADE TO OTHER SUBDIVISIONS. IT'S PART OF THE CODE REQUIREMENT, BUT, BUT THE CONNECTION TO GAELIC IS ONE. I THINK THAT LOOKS LIKE IT IS PROPOSED NOW THAT I SEE THE MAP TO GAELIC, UH, AND THERE'S, AND THERE'S OTHERS AS WELL. THANKS. I APPRECIATE THE CLARIFICATION JUST BECAUSE, UM, WHILE BREAKER MAY BE EXPANDED IN THE FUTURE. I THINK THE CONCERN THAT WE HEARD FROM NEIGHBORS IS WHAT DO WE DO IN THE FIVE TO SEVEN YEARS BETWEEN NOW AND THE COMPLETION OF THOSE ROADS? SO, UM, THANKS FOR CLARIFYING, OKAY. COMMISSIONER GREENBERG. UM, NORMALLY I'M UP TO THE POINT OF VIEW THAT ZONING BEGINS WITH THE LETTER G DOES NOT BELONG NEXT TO SINGLE FAMILY. UM, SO WOULD I BE CORRECT IN UNDERSTANDING THAT IT WON'T BE NEXT TO SINGLE FAMILY? IT WOULD BE ACROSS THE STREET? UH, YES. IF YOU LOOK AT THE ZONING MAP AND I THINK THE ARIEL IS A LITTLE TOO ZOOMED OUT TO SHOW A TRACKED. ONE IS THE PROPOSED AND IT IS ADJACENT TO ALL OF THE HARRIS BRANCH RESIDENTIAL. NOW SOME OF THESE OTHER PROPERTIES TO THE WEST ARE UNDEVELOPED. UH, FOR EXAMPLE, THE, UH, BREAKER VALLEY SUBDIVISION I GUESS, HAS BEEN APPROVED, BUT THERE'S ONE EXISTING RESIDENTIAL HOUSE. SO IN A WAY IT IS ADJACENT TO RESIDENTIAL ZONED PROPERTY, BUT NOT COMPARABLE TO LIKE THE HARRIS BRANCH DEVELOPMENT. YEAH. I WAS MORE CONCERNED ABOUT THE GR OH, I'M SORRY. YES. I JUST SKIPPED RIGHT PAST THAT. UM, SO WHEN THIS IS COMPLETED OR CONSTRUCTED TRACK TWO WOULD BE BORDERED BY BREAKER LANE TO THE NORTH BLUE GOOSE TO THE SOUTH. AND THAT KIND OF NARROW RECTANGULAR PIECE IS OWNED BY A WASTE DISPOSAL SYSTEMS. IT IS NOT A RESIDENTIAL PROPERTY, SO THAT WILL BE SURROUNDED BY ROADS. THANKS. THAT ANSWERS MY QUESTION. THANK YOU, COMMISSIONER. DINKER UM, THIS IS THE COMMIT A QUESTION FOR MS. SHAPEN DO, IS THERE A PRELIMINARY, IS THERE A SITE PLAN FILED FOR THIS NOW? BECAUSE OKAY. UH, JUST A QUICK, UM, IT WOULD BE REAL HELPFUL IF YOU KNOW, OF THESE IN FUTURE CASES WERE NOT A CONCEPTUAL PLAN, BUT IF THERE'S A PRELIMINARY SITE PLAN, LET US KNOW, UM, OR SITE PLAN FILED CONCURRENTLY, PLEASE LET US KNOW. YEAH, THERE, THERE ARE NO SUBDIVISIONS OR SITE PLANS FILED AT THIS TIME, AND THIS IS GOING TO NEED A TIA BECAUSE OF THE VOLUME OF TRIPS. I LOOKED IT UP 20,000. OH, IT'S GOING TO HAVE TRAFFIC IMPACT FACE. YES. UH, THE TIA IS CURRENTLY UNDER REVIEW. WE WEREN'T ABLE TO GET THE TIA MEMO IN TIME FOR THE REQUIRED PRIOR TO APPROVAL BY CITY COUNCIL. IT'S DISAPPOINTING TO HEAR THAT WE'RE ALL VERY FRUSTRATED WITH, I THINK WITH THE AMOUNT OF TRAFFIC INFORMATION WE'RE GETTING, UM, CONNECTIONS, SUBSTANDARD ROADS, HOW THEY'RE GOING TO BE ADDRESSED, UM, ET CETERA, ET CETERA. UM, BUT WE'LL TALK ABOUT THAT A LITTLE MORE LATER. THANK YOU. THANK YOU. ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? OKAY. OKAY. UM, YOU KNOW, I JUST HAVE A QUESTION, YOU KNOW, WHEN I LOOKED AT THE MAP ON THIS, IT SEEMS LIKE, YOU KNOW, THERE'S THIS WASTE DISPOSAL BUSINESS YOU JUST MENTIONED. AND THEN I LOOK INTO ZOOM OUT A LITTLE BIT. I CAN SEE SOME LANDFILLS AROUND THERE, WHATEVER. SO I JUST, I JUST WANTED TO ASK THE QUESTION ABOUT THIS PARTICULAR SIDE. IS IT EVER BEEN USED AS A LANDFILL OR THE ENVIRONMENTAL KIND OF REVIEW OR ANALYSIS OF THIS? IS THERE ANY, ANY ISSUES? IT'S MY UNDERSTANDING THAT THIS THE PROPERTY IS CURRENTLY AN AGRICULTURAL USE WITH ONE SINGLE FAMILY RESIDENCE. AND I BELIEVE IT'S BEEN IN THAT CONFIGURATION FOR A VERY LONG TIME. THE, UH, THE SMALL PARCEL THAT'S, UH, OWNED BY WASTE DISPOSAL SYSTEMS IS NOT USED FOR, UH, LANDFILL, UH, ALL TO MY KNOWLEDGE, ALL OF THE LANDFILL IS SOUTH OF LUCAS ROAD. OKAY. THANK YOU. OKAY. ANY, ANY [00:55:01] OTHER QUESTIONS OR COMMENTS? DO I HAVE A MOTION ON THIS CASE? I MOVE TO APPROVE ALL SECOND. OKAY. WE HAVE A MOTION BY COMMISSIONER STARTING TO APPROVE A STAFF RECOMMENDATION AND, UH, WHICH IS, UM, FOR TRACK ONE AND G R M U FOR TRACK TWO AND A SECOND FROM COMMISSIONER DENVER. OKAY. ANY DISCUSSION ABOUT THE MOTION? OKAY. ALL THOSE IN FAVOR OF THE MOTION. RAISE YOUR HAND. OKAY. IT'S UNANIMOUS. OKAY. AND JUST A QUICK CHECK-IN WITH THE COMMISSION, UM, CHAIR, BARBARA RAMIREZ. I UNDERSTAND YOU MAY HAVE TO LEAVE. AND SO, UH, THAT WOULD, AS IT STANDS RIGHT NOW, THAT WOULD PUT US DOWN TO SIX. UM, AND SO IF WE DO GET DOWN TO SIX, THEN WE MAY WANT TO CONSIDER POSTPONING THE OTHER CASES, SINCE WE ONLY HAVE SIX, SIX MEMBERS HERE, IF A COMMISSIONER OR KOSTA, YOU KNOW, UH, AS I UNDERSTAND HE WAS TRYING TO GET HERE. IF HE DOES MAKE IT HERE BEFORE YOU LEAVE, THEN WE CAN CONTINUE ON. UM, BUT THAT'S UP TO THE COMMISSION. SO ANYWAY, THANK YOU VERY MUCH. OKAY. SO WE'RE ONTO THE NEXT ITEM [B6. Rezoning: C14-2021-0141 - Agave Annex; District 1] AND THAT IS ITEM B, ITEM B SIX, C 14 20 21 0 1 4 1, UH, GABI ANNEX. GOOD EVENING, HEATHER CHAFFIN HOUSING AND PLANNING CASE C 14 20 21 0 1 41, A GAVI ANNEX DISTRICT. ONE REQUESTING TO GO FROM SF TO, TO SF FOUR. A, UH, THE PROPERTY IS ADDRESS OFF OF ROGERS LANE, ROGERS LANE AND WEST ROGERS LANE. IT'S ABOUT 17.28 ACRES STAFF IS SUPPORTING THE REQUEST TO REZONE, TO SFA WITH THE ADDED CONDITION THAT THE NEIGHBORHOOD TRAFFIC ANALYSIS, WHICH HAS BEEN PERFORMED IS ATTACHED VIA A PUBLIC RESTRICTIVE COVENANT. OKAY. UH, THE, THE NTA HAS BEEN, UH, PREPARED AND IS ATTACHED TO THE REPORT. UH, THE PROPERTY IS PROPOSING TO TAKE ACCESS TO BOTH, UH, NET COVE, WHICH IS PART OF THE AGAVA NEIGHBORHOOD TO THE WEST AND WEST ROGERS LANE, WHICH IS ALONG THE SOUTHERN PORTION OF THIS PROPERTY. UH, THE PROPERTY IS WEST OF ROGERS LANE. AND THEN AGAIN, THE SOUTHERN BOUNDARY IS WEST ROGERS LANE. THERE IS A SINGLE FAMILY HOUSE AND IS OTHERWISE UNDEVELOPED ACROSS ROGERS LANE TO THE EAST AND ACROSS WEST ROGERS LANE TO THE SOUTH. IT'S MOSTLY SF TWO WITH SINGLE FAMILY RESIDENCES AND RELATED STRUCTURES. THERE ARE ALSO SOME TRACKS THAT ARE ZONED SF THREE AND SFA FIVE THAT HAVE COME BEFORE YOU ALL IN THE PAST YEAR OR SO. UM, AND THEN CLOSER TO THE ENTRANCE OF THE NEIGHBORHOOD ARE, UH, PROPERTIES ZONED, SF SF, TWO LR AND LR, M U. THESE HAVE FRONTAGE ON FM 9 69. THE LRSM PROPERTY CURRENTLY HAS A SMALL SHOPPING MINI SHOPPING CENTER HAS FOOD SALES LIMITED RESTAURANT AND PERSONAL SERVICES LAND USES. UH, THE OTHER PROPERTIES ALONG 9, 6, 9 OR END DEVELOPED NORTH OF THE REZONING TRACT IS LAND ZONED MH DEVELOPED WITH A LARGE MOBILE HOME, UH, NEIGHBORHOOD NORTHEAST OF THE ZONING TRACK IS AND ZONED LAND IN THE ETJ. THAT IS ALSO PART OF THAT SAME, UH, MOBILE HOME PARK, UH, WEST OF THE PROPERTY IS THE AGAVA NEIGHBORHOOD ZONED SF THREE. THE NTA HAS BEEN PREPARED, UH, FOR A DEVELOPMENT WITH APPROXIMATELY 107 SINGLE FAMILY RESIDENCES, WHICH WILL NOT EXCEED 1200 VEHICLES PER DAY ON ROGERS LANE AND A NET COVE, UH, AND PER THE NTA THAT IS MAINTAINING A DESIRABLE LEVEL OF SERVICE AND WE'LL CONTINUE TO DO SO WITH THE ADDITION OF THE ADDED TRAFFIC. I ALSO HAVE ATD STAFF HERE AVAILABLE FOR ANY QUESTIONS. STAFF SUPPORTS THE REQUEST. SMALL LOT. SINGLE FAMILY WILL PROVIDE, UH, A VARIETY OF HOUSING TYPES IN THIS AREA SINCE IT'S PREDOMINANTLY MOBILE HOME. UM, AND THAT IS CONSISTENT WITH, UH, POLICIES AND, UH, ADOPT POLICIES AND PRINCIPLES ADOPTED BY CITY COUNCIL. THANK YOU. NOW WE HEARD FROM THE APPLICANT. THANK YOU, JERRY. WE'LL NOW HEAR FROM MS. LEAH BOJACK AND SPECIAL. YOU'LL HAVE SIX MINUTES. HELLO, COMMISSIONERS AND LEAH [01:00:01] BO JO WITH DRAENOR GROUP HERE REPRESENTING THE APPLICANT. THANK YOU. UM, YOU COULD MOVE TO THE NEXT SIDE, PLEASE. SO HERE YOU CAN SEE WHERE THE SITE IS LOCATED OFF OF FM 9 69, BETWEEN 180 3, A AND DECKER LANE, ADJACENT TO THE AGAVA NEIGHBORHOOD. NEXT SLIDE, PLEASE. YOU CAN SEE ZOOMED IN HERE A LITTLE BIT MORE CLOSELY AT THIS ABOUT A 17 ACRE LOT. IT'S CURRENTLY VACANT. I BELIEVE IT HAD AS MANY AS TWO SINGLE FAMILY HOMES ON IT AT ONE POINT, BUT I THINK THEY'VE ALREADY BEEN REMOVED. NEXT SLIDE PLEASE. UM, AS HEATHER DESCRIBED, WE'RE CURRENTLY ZONED SF TWO, WHICH HAS A MINIMUM LOT SIZE OF 57 50, AND ALLOWS ONE HOME PER LOT. WE'RE REQUESTING, UH, THE ZONING OF SF FOUR A, WHICH ALSO ALLOWS ONE HOME PER WATT, BUT HAS A SMALLER MINIMUM LOT SIZE OF 3,600 SQUARE FEET. UM, THIS IS SIMILAR TO SOME PORTIONS OF THE AGAVA SUBDIVISION AND THIS PROJECT WOULD BE CONSIDERED A NEW PHASE OF THAT SUBDIVISION. UM, STAFF IS IN SUPPORT OF OUR REQUEST. NEXT SLIDE PLEASE. UM, HERE, YOU CAN SEE A ZONING MAP, SO YOU CAN SEE THAT WE HAVE, UM, SF SIX TO THE SOUTH S OF THREE TO THE EAST. YOU CAN SEE SOME OF THE THERE TO THE TOP LEFT OF THE SCREEN. UM, MOBILE HOME TO THE NORTH, LIKE HEATHER SAID, NSF TWO TO THE WEST. NEXT SLIDE PLEASE. UM, SO WE'RE JUST OVER 17 ACRES, LIKE I SAID, AND THIS WOULD BE AN EXTENSION OF THE SUBDIVISION, UM, SIMILAR, UH, TO THAT SUBDIVISION AND THAT IT WOULD BE MOSTLY FOR SALE. NICE, MORE MODESTLY SIZED HOMES, UM, WITH A COMMITMENT TO ENERGY EFFICIENCY. NEXT SLIDE PLEASE. UM, IN CASE YOU HAVEN'T VISITED A GAVI, UH, YOURSELF, I JUST THOUGHT I'D SHOW YOU A PICTURE OF WHAT THE SUBDIVISION LOOKS LIKE TODAY. NEXT SLIDE PLEASE. SO THIS IS WHAT OUR PROPOSED LAYOUT LOOKS LIKE RIGHT NOW. WE'RE STILL OBVIOUSLY WORKING THROUGH DESIGN, BUT YOU CAN SEE, UM, THE NETWORK OF ROADS AND THAT BLUE STAR IS WHERE THE CONNECTION TO A NET COVID IS PROPOSED TO BE, WHICH WOULD BE WHAT WE'RE PROPOSING IS TO PUT, UM, A TRAFFIC CIRCLE, UM, I BELIEVE, OR A ROUNDABOUT, I MIX THEM UP, BUT SOMETHING IN THAT, IN THAT CONNECTION TO BOTH, UM, PROVIDE A PLACE-MAKING OPPORTUNITY AND ALSO TO SLOW THE TRAFFIC, UM, AS IT DRIVES THROUGH THAT CONNECTION. NEXT SLIDE, PLEASE. UM, HERE, JUST TO SHOW YOU SORT OF THE PROXIMITY OF THIS NEW SITE TO THE EXISTING, UH, GAVI NEIGHBORHOOD, NEXT SLIDE PLEASE. UM, SO WE HAVEN'T, WE HAVE MET WITH, WITH NEIGHBORS BOTH ON THE AGAVA SIDE AND ON THE ROGERS LANE SIDE, UM, AND HAVE HAD SEVERAL CONVERSATIONS WITH THEM ABOUT SOME CONCERNS. SO THESE ARE THE CONCERNS THAT WE HAVE HEARD. UM, MANY OF THESE CONCERNS WOULD BE ADDRESSED ALREADY THROUGH THE SUBDIVISION AND SUBDIVISION CONSTRUCTION PLAN THAT WOULD COME ALONG WITH THE DEVELOPMENT THINGS LIKE, UM, IMPROVEMENTS TO ROGER'S LAYING ALONG OUR, ALONG OUR FRONTAGE, LIKE DRAINAGE, CURBING GUTTERS, STREETLIGHTS, AND SIDEWALKS. AND WE'LL ALSO BE PROVIDING AMPLE PARKING FOR THOSE RESIDENTS. I KNOW THAT WAS A CONCERN THAT WE HEARD FROM FOLKS WHO LIVE ON, UM, PARTICULARLY ON THE ROGERS LANE SIDE. UM, NEXT SLIDE PLEASE. UH, AND THEN WE'VE ALSO, UM, WE'VE COMMITTED THROUGH A PRIVATE COVENANT TO, UM, PROPOSE AND PERMIT, UM, AND BUILD A TRAFFIC CIRCLE THERE AT THAT CONNECTION. LIKE I REFERENCED BEFORE, YOU KNOW, THIS IS AN IMPORTANT CONNECTION. I UNDERSTAND THAT SOME OF THE FOLKS AREN'T HAPPY ABOUT THE CONNECTION THROUGH, BUT I THINK IT'S A REALLY IMPORTANT CONNECTION, UM, TO BUILD OUT THE STREET AT, PARTICULARLY WITH THE CONDITION OF ROGERS LANE, UM, IN WEST ROGERS LANE. UM, SO, YOU KNOW, THIS WOULD BE A PLANTED, THIS IS JUST AN EXAMPLE, OF COURSE, BUT THIS WOULD BE A PLANTED TRAFFIC CIRCLE THERE THAT WOULD HELP SLOW TRAFFIC AND PROVIDE A SORT OF A GATEWAY OPPORTUNITY THERE AND WHERE THEY MEET BILL AND IN ACCORDANCE WITH NATO STANDARDS. UM, NEXT SLIDE PLEASE. UM, ON THE, ON THE ROGERS LANE SIDE, THE MAIN CONCERN WE HEARD ABOUT WAS DRAINAGE ISSUES. UM, AND SO WHAT WE'VE PROPOSED ON THIS SIDE IS TO, UM, ENLARGE THE CULVERT, UM, WHERE THERE IS WATER POOLING THERE, UM, WHERE YOU CAN SEE WHERE THAT YELLOW DASH LINE MEETS WE CAN TAKE. WE'RE TAKING A FAIR AMOUNT OF LAND OUT OF THE FLOODPLAIN, MOSTLY ON PRIVATE PROPERTY, BUT I THINK THE MORE IMPORTANT, UM, BENEFIT TO THE AREAS THAT WE'D BE REDUCING THE WATER ELEVATION IN THE CHANNEL THERE. SO WE'D BE REDUCING THE CHANCE OF WATER, UM, UH, ACCUMULATING ON THE ROADWAY. UH, NEXT SLIDE PLEASE. UM, AND BOTH OF BOTH OF THOSE, UM, YOU CAN MOVE TO THE NEXT SLIDE WHENEVER YOU'RE READY. UM, SO, SO TO SUMMARIZE, UM, YOU KNOW, WE HAVE, UH, ABOUT 17 ACRES OF, UM, UH, VACANT LAND OR TWO WE'RE PROPOSING TO PUT ABOUT A HUNDRED UNITS ON, UM, YOU KNOW, IN THE INTEREST OF TRYING TO WORK WITH THE NEIGHBORS. I KNOW, LIKE I SAID, I KNOW NOT EVERYONE IS HAPPY, PARTICULARLY WITH THE CONNECTION, BUT WE ARE, WE'RE TRYING TO KIND OF COME TO THEM WITH SOME SPECIFIC, UM, EXTRA BENEFITS THAT, UM, WOULD HELP THE WHOLE AREA, NOT JUST THE NEW RESIDENTS THAT WOULD BE MOVING INTO THESE HOMES. UM, AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. IT, THANK YOU. AND, UH, NOW, UH, LET'S SEE, DO WE HEAR IT? WE HAVE SPEAKERS ON THIS ITEM. YES, SIR. SO WE'LL NOT HEAR FROM MIRA, MISS MARIA C AND ISABEL WHEN YOU'LL HAVE SIX MINUTES. THANK YOU. [01:05:39] MS. BOWEN, YOUR SELECT STAR SIX PROCEED WITH MARKS. SHOULD WE WAIT UNTIL WE ACTUALLY HAVE A QUORUM? SO YEAH, RIGHT NOW IT LOOKS LIKE LET'S SEE. YEAH. WE'RE BACK TO A QUORUM. OKAY. YES. THANK YOU. SURE I'M GOING TO WORK WITH MS. BOWEN TO SEE IF WE GET HER ONLINE. I DID MISS A, UM, A FEW INDIVIDUALS IN ON SUPPORT, UH, MR. BRANDON PHARMA HANEY, MR. MEYER, PHARMA HEANEY FIELDS, SELECT STAR SIX. THANK YOU. OKAY, THANK YOU. NO LONGER NEEDED. UH, FIRST AND FOREMOST, THE HOUSING IS A HUMAN RIGHT. WE NEED MORE OF IT AND I STILL SINGLE FAMILY, SINGLE FAMILY ZONING. SO WE'RE NOT TALKING ABOUT ANY KIND OF SCARY DENSITY. THE REASON IT ALLOWS THE IN TOWN TO USE SMALLER LOTS FOR A MORE SUSTAINABLE COMMUNITY. A LOT OF US HAVE BEEN HIT PRETTY HARD WITH TAX APPRAISALS, WHICH IS DUE TO THE LACK OF AVAILABLE HOUSING, DRIVING UP SELLING PRICES OF HOMES, WHICH THEN IN TURN DRIVES UP OUR TEAK OUT APPRAISAL. SO WE'RE ALL FINANCIALLY MOTIVATED TO ADD TO THE HOUSING STOCK IN ORDER TO MITIGATE THE RISING COMPETITION OF HOUSING AND REDUCE ECONOMIC DISPLACEMENT. THAT'S ESPECIALLY TRUE IN THE EASTERN CRESCENT DUE TO THE HISTORICAL POINT OF THE, SORRY, MY WIFE'S SCREAMING. UH, SO SHE'S PULLED UP MINUTES BEHIND. UM, MORE THAN THAT THOUGH, THE HOUSING CRISIS IS CAUSING REAL PAIN, WHICH IS WHY I DEPLOYED THIS ITEM. I DO HAVE A COUPLE OF THOUGHTS FOR FUTURE CONSIDERATION OF CITY STAFF. SO THIS WILL BE A PAGE TWO ON MY PDF, IF YOU HAVE IT, UM, THEY'RE GOING TO DO A PARK AND LOOFY, WHICH IS GREAT, BUT IT'D BE NICE IF WE CAN INVEST THAT INTO A GARVEY PARK, WHICH IS A 15 ACRE PARK THAT IS ONLY ACCESSIBLE TO ABOUT ONE ACRE AND ONLY REALLY DESIGNED FOR KIDS. THERE'S AN OPPORTUNITY FOR A FAR EAST SIDE DOG PARK, WHICH WOULD BE GREAT, AND A LOT OF OTHER AMENITIES. SO IT SEEMS LIKE A NATURAL WAY FOR THAT MONEY TO GO. UH, SECOND, UH, IS PLANNING. SO THIS IS A HUGE OPPORTUNITY, UM, BECAUSE THIS SPECIFIC AREA SLIDE THREE, IF YOU HAVE, IT HAS A LOW CONCENTRATION OF OWNERS. UM, SO THAT MEANS IS WE HAVE A POTENTIAL TO GO FROM, UH, OUR NEIGHBORHOOD TO MAINER, UH, THE MAINER IFC ELEMENTARY ON DECKER, AND NOT EVEN JUST HAVING A SPREE CONNECTION, BUT AN URBAN, UH, TRAIL CONNECTION AS WELL, CONNECTING A COMMUNITY TO A ELEMENTARY SCHOOL, RIGHT? AND WE ONLY HAVE TO GO THROUGH TWO DIFFERENT PROPERTIES WITH TWO OWNERS THAT ARE BOTH LIKELY TO REDEVELOP IN THE NEXT 10 YEARS. SO REALLY LOOKING AT THIS AREA AND SEEING THE OPPORTUNITY THERE IS FOR A STREET BRIT AND BEING WILLING TO BUILD THAT OUT. SO WE CAN MORE EVENLY DISTRIBUTE TRAFFIC, NOT JUST ON A NET, BUT ALSO ON AGATHA ON AVA AND OTHER ROADS THAT WE CAN BUILD. AND IF WE CAN GO TO PAGE FOUR OF MY PDF, IF YOU HAVE IT JUST USING LIKE THREE DIFFERENT OWNERS, YOU'RE ABLE TO BUILD A HALFWAY DECENT BREAD THAT WILL MORE EVENLY DISTRIBUTE THE TRAFFIC, NOT JUST ON ROGERS AND NET, BUT ALSO ON NIXON. ALSO ON A PARALLEL ROAD YOU CAN DO BETWEEN, UH, BETWEEN ROGERS AND BETWEEN THE ELEMENTARY SCHOOL. SO, UM, ONE LAST THING, THE 51ST STREET CORRIDOR IS, YOU KNOW, A REALLY IMPORTANT PART OF PEDESTRIAN OFTEN, RIGHT? IT'S LIKE HOW PEOPLE GET TO MUELLER AND A LOT OF PARTS OF THE CITY. AND IT CURRENTLY ENDS AT THE NORTH WALNUT CREEK TRAIL. WE HAVE A SIMILAR OPPORTUNITY ON THE OTHER SIDE WITH A TIME. THANK YOU, SIR. MS. MARIA KERN BOWEN FEELS LIKE STAR SIX, PROCEEDED WITH YOUR REMARKS. [01:10:07] UM, YES. HELLO. MY NAME IS MARIA BOWEN AND I AM A RESIDENT OF ROGERS PAIN FOR OVER 15 YEARS. UM, FOR THE RECORD, UH, TO BE CLEARED, I'M NEITHER FOR OR AGAINST THE ZONE CODE CHANGE AT THIS POINT, BUT THERE WAS NO OPTION FOR A NEUTRAL, UM, UH, I KNOW THAT AUSTIN IS IN DIRE NEED OF HOUSING, BUT I'M HERE TO VOICE OUR CONCERNS OVER THE SAFETY OF ROGERS LANE RESIDENTS IN REGARDS TO THE TRAFFIC. UH, THAT'S GOING TO COME WITH THE PROPOSED, THE MAGNITUDE OF THE PROPOSED HOUSING PROJECT. UM, I HAVE ADDRESSED SOME CONCERNS WITH MS. ABOUT THE EROSION OF THE HOMES ON ROGERS HILL BECAUSE WE LIVE ON A VERY STEEP HILL AND THEY ARE WORKING ON THAT. BUT, UM, ACCORDING TO THE NTA, UH, THERE ARE SOME INACCURACY, UH, IN PRACTICAL SUPPORT. THE TRAFFIC REPORT, UH, STATED THAT ROGERS LANE WAS 17 FEET WIDE, UH, THAT IS INACCURATE. UM, IT ALSO STATED THAT WE HAVE CURBS AND GUTTERS. WE DO NOT HAVE CURVES OF GUTTERS ON ROGER'S LANE. UM, I PAINSTAKINGLY MEASURED THE WHOLE LENGTH AND WIDTH OF THE ROAD. MYSELF. THE AVERAGE WIDTH IS ABOUT 14 FEET WIDE. THERE ARE SOME STRETCHES THAT ARE ABOUT 10 FEET WIDE AND 12 FEET WIDE. UH, AND MAX IS 16 FEET WIDE. SO TWO VEHICLES CAN NOT TRAVERSE SIMULTANEOUSLY IN OPPOSITE DIRECTIONS WITHOUT ONE VEHICLE NEEDING TO VEER OFF, UH, ONTO THE ROAD. I MEAN, OFF THE ROAD ONTO THE GRASS WHEN FEASIBLE, UH, THAT IS AN INACCURACY. AND THAT IS A CONCERN, ESPECIALLY WITH A LOT MORE, UH, MOTORISTS ON THE ROAD. NOW, ACCORDING TO THE MTA, THE NEW HOMES ARE GONNA GENERATE, UM, UH, MORE THAN 1100 TRIPS OR SO ON THE ROAD, BUT ONLY THE WEST PART OF ROGERS LANE IS GOING TO BE IMPROVED. UM, BY THE APPLICANTS, THE REST OF THE VOTE IS NOT GOING TO BE IMPROVED. UH, SO THE WIDTH OF THE ROAD IS A CONCERN SINCE, UH, THERE WILL BE SO MANY MORE MOTORISTS, UH, AND ALSO THERE'S ANOTHER, UH, POT OF LAND NEXT TO THIS PARTICULAR PROJECT OF 15 ACRES THAT COULD ALSO BE POTENTIALLY, UH, POTENTIALLY DEVELOPED AS WELL. SO THAT WILL BRING A LOT MORE VEHICLES. NOW, THE MTA STATED THAT THEY BELIEVE THAT HALF OF THE TRAFFIC, UH, TRIP WILL GO, WILL CHOOSE TO GO ON A NET CODE AND THE OTHER HALF ON ROGERS LANE. BUT I'M AFRAID THAT THAT MAY BE AN ACCURATE AS WELL SINCE THE CONDITION OF ROGER'S LANE IS SO NARROW AND SO BAD. UM, I DID, UH, SUBMIT A POWERPOINT PRESENTATION, WHICH IF I COULD GET TO SLIDE THREE, IT GIVES YOU A LIST OF THE LACK OF INFRASTRUCTURE ON ROGERS LANE. UH, THE ROAD IS NOT WIDE ENOUGH FOR LONG ENOUGH TO ACCOMMODATE MANY MOTORISTS. UH, THERE'S NO SIDEWALK, NO SPEED LIMIT SIGN, NO CURD, NO STORM DRAINAGE. THERE'S NO TRAFFIC LIGHT AT THE INTERSECTION OF FMX 69 IN ROGERS LANE, WHICH IS OUR ONLY OUTLET AT THE MOMENT. THERE'S NO STREET LIGHTS. UM, I'M NOT SURE IF THERE'S A FIX UP OR NOT THE POWERPOINT PRESENTATION THAT I SUBMITTED. IF WE CAN GO TO SCRIBE FOUR, I WANT TO SEE HOW I WANT EVERYONE TO SEE HOW DARK IT IS ON ROGERS LANE. IT'S ABSOLUTELY PITCH DARK. THERE ARE NOT, THERE ARE NO STREETLIGHTS AND I REALLY ALL OF THE UROLOGISTS PLAYING EXACTLY THEY'RE THERE IT IS. UM, I WANT TO REQUEST THAT THE INFRASTRUCTURE AND, UH, THESE CONCERNS BE ADDRESSED SIMULTANEOUSLY, UM, HOPEFULLY TO BE IN PLACE BY THE TIME THE, UH, HOMES ARE ERECTED BECAUSE I REALLY BELIEVE IT'S A SAFETY ISSUE. UM, YOU CAN SEE IN SLIDE FIVE MINUTES SLIDE THAT, UH, IT'S PITCH DARK. THAT'S THE ROAD THAT CONNECTS TO FM 9 69. THERE'S NO STREET LIGHTS DRIVE FIVE. I'M NOT SURE IF THEY'VE MOVED IT OVER. IF YOU CAN SKIP OVER TO SLIDE SEVEN, NOW YOU CAN SEE THE SCHOOL BUSES ON ROGERS LANE. AS THEY COME UP THE HILL TO PICK UP THE CHILDREN. YOU CAN SEE THE SCHOOL BUS TAKES UP MOST OF THE ROAD. SO WHEN YOU'VE GOT THAT MANY MOTORISTS, FIND IT COME DOWN THE HILL TO BE, UH, ONLY OUTLET THAT WE CURRENTLY HAVE, WHICH IS F AND 9 69. IT MAKES IT VERY DIFFICULT FOR THE BUS TO TURN INTO, UH, THE NEIGHBORHOOD ON ROGERS LANE. UH, [01:15:01] AND IF YOU'VE GOT A BUNCH OF MOTORISTS WAITING AT THE BOTTOM OF THE HILL TO GET OUT, THAT'S GOING TO BE DIFFICULT. YOU CAN GO TO THE NEXT SLIDE, JUST MORE, UM, PROOF OF JUST HOW NARROW THE ROAD IS. AND ON THE FAR RIGHT OF SLIDE EIGHT, YOU CAN SEE WHERE THERE ARE VEHICLES ACTUALLY PARKED DIRECTLY ON THE STREET BECAUSE THERE'S NO OFF STREET PARKING. THERE IS A, UM, WAREHOUSE DIRECTLY FACING 9, 6, 9 THAT HOLDS EVENTS. AND WHEN SHE'S GOT EVENTS GOING ON, UM, THERE ARE VEHICLES THAT ARE PARKED DIRECTLY ON THE STREET, WHICH MAKES IT ONLY A ONE LANE, UH, TRAFFIC, UM, TO GET IN AND OUT, WHICH HAS BEEN AN ISSUE BEFORE YOU CAN GO TO THE NEXT SLIDE. YOU CAN SEE THE SUBSTANDARD CONDITION OF THE ROAD, EVEN IF WE GOT IT RESURFACE. I WAS TOLD BY THIS, UM, ENGINEER THAT, UH, DID THE NTA THAT THERE, THEN IT'S NOT SLATED TO BE WIDENED. SO THE ROAD WILL NOT BE WIDENED. UM, WHICH MEANS THAT MOST PEOPLE WILL PROBABLY BE USING A NET CODE TO GET IN AND OUT. UH, THANK YOU. SO I JUST WANT THE CITY TO KNOW SO THAT THEY CAN DO SOMETHING ABOUT AND KEEP US SAFE UP HERE WITH THE INFRASTRUCTURE. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM MS. JENNY RAINA, MS. JANIE RHINOS, SELECT STAR SIX, PROCEED WITH THE REMARKS. YOU'LL HAVE THREE MINUTES. HELLO. MY NAME IS DENNIS CORINA AND MYSELF AND MY FIANCE BAKARY. SO FLOSS ARE AGAINST THE PROPOSED CHANGES TO A NET CODE. THE CURRENT ROAD IS NOT SUITED TO HANDLE THE TRAFFIC. THEN AN ADDITIONAL NEIGHBORHOOD WOULD BRING THE NOTION THAT 50% OF THE TRAFFIC WILL TAKE RUTGERS LANE IS ILL INFORMED. ROGERS BUILDING HAS NO IMPROVEMENT PLAN TO OUR KNOWLEDGE AND IS HARD TO BELIEVE THAT THE COMMUNITY THAT IS BEING CREATED WOULD USE A NON-PAID ROAD TO EXIT THE PROPERTY. AND THAT TOTALLY SANCTIONED FOR STREET PARKING BECAUSE OF OUR SMALL DRIVEWAY, ET CETERA. AND WITHOUT TAKING THAT AWAY OR INCREASING THE WIDTH OF THE STREET, WE SEE NO FEASIBLE WAY FOR THE TRAFFIC TO BE HANDLED. CURRENTLY, THERE IS ALREADY AN EXTREMELY LONG WAIT TO ENTER 9, 6, 900 AND DARROW HILL. THIS WOULD EXACERBATE THOSE ISSUES BEYOND RESOLUTION. THE ONLY FEASIBLE SOLUTION PRESENTED TO THIS GROUP WAS FOR IN TOWN TO PLAN AND FINANCE AN ENTIRELY NEW ARTERY IN AND OUT OF THEIR NEW PROPOSED COMMUNITY. AND THIS WAS NOT ACTED UPON THE CURRENT LEADERSHIP HAS ONLY CONTINUED TO FORCE THE ISSUE TO INCREASE THEIR ABILITY TO BUILD AND CREATE A PROFIT WITHOUT ANY THOUGHT FOR THE EFFECTS THAT WOULD HAVE ON THE COMMUNITY THAT WAS CREATED TO SUMMARIZE WE, THE OWNERS OF 7 3 1, 2, A NET COPE ARE AGAINST THE EXPANSION AS SHOWN CURRENTLY BECAUSE IT HAS NO PLANS TO ADJUST TO CONCERNS AROUND TRAFFIC INCREASES AND NO OBLIGATION OF THE FELLOW TO, TO ADDRESS THOSE CONCERNS. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. THANK YOU. I, UM, I DON'T REALLY HAVE A WHOLE LOT TO ADD, I GUESS I WOULD JUST SAY THAT, UM, YOU KNOW, WE ARE WORKING, LIKE I SAID, TO TRY TO, UM, COME UP WITH SOLUTIONS ON THE INTERIM TO TRY TO MITIGATE THESE EFFECTS. AND, UM, IF YOU LOOK AT THE SLIDE OR IF YOU REMEMBER THE SLIDE THAT SHOWED THE LAYOUT, WE ARE, YOU KNOW, CREATING STUB OUTS FOR FUTURE CONNECTIONS, SO THAT AS THIS AREA DEVELOPS A LOT BY LOT, THERE WILL BE A GRID THERE. UM, SO THAT THE TRAFFIC WOULD BE DISPERSED THROUGH THE AREA. THANK YOU. I'M AVAILABLE FOR QUESTIONS, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. THANK YOU VERY MUCH. OKAY. SO, UM, BEFORE I ASK FOR A MOTION TO CLOSE THE PUBLIC HEARING, I'M GOING TO JUST POINT OUT THAT WE'RE DOWN TO SIX MEMBERS TONIGHT. SO IF WE WERE GOING TO TAKE ACTION ON THIS, WE HAD SAID EARLIER THAT IF WE GET DOWN TO SIX MEMBERS, WE WOULD CONSIDER POSTPONING CASES. AND, UH, SO, UH, IF WE WERE GOING TO POSTPONE THIS CASE, I WOULD, YOU KNOW, I WONDER IF WE WANT TO LEAD THE PUBLIC HEARING OPENS IN CASE, YOU KNOW, OR DO WE WANT TO CLOSE IT? SO THAT'S, BEFORE WE TAKE THAT MOTION. SO ANY COMMENTS FROM THE COMMISSIONERS COMMISSIONER STERN? OH, I'M SORRY. UH, LET'S SEE, UH, COMMISSIONER GREENBERG. IT'S MOVED TO KEEP THE PUBLIC HEARING OPEN AND POSTPONE, UM, THIS CASE AS WELL AS IS IT B SEVEN AND BENIGN WHAT'S LEFT. SO WE, WE HAVE, UH, THIS ITEM B SIX, B SEVEN AND B 11. OKAY. OKAY. OKAY. AND SO YOUR, THE PUBLIC HEARING OPEN AND POSTPONE THOSE CASES, OUR NEXT MEETING. SO THAT WOULD BE OUR JUNE. WOULD THAT BE JUNE 2ND [01:20:01] SAID JUNE 3RD. OKAY. SEVEN. OH, SORRY. JUNE SERVICE JUICE. JUNE 7TH WOULD BE MEETING NEXT MEETING. OKAY. AND BEFORE, SO THE MOTION ON THE TABLE IS TO KEEP THE PO THE PUBLIC HEARING OPEN ON ITEM B6 AND, UH, POSTPONE ITEM B SIX, B SEVEN AND B 11 TO OUR JUNE 7TH. MEANING IS THAT THE MOTION? OKAY. A SECOND. OKAY. ALL RIGHT. NOW, SO WE'RE GOING TO DISCUSS THE MOTION BECAUSE I, I HAVE A QUESTION ABOUT B 11, IF WE CAN STAFF RESPOND TO, IF WE WERE TO POSTPONE THAT, WHAT THE EFFECT OF THAT WOULD BE, IT'S THE VACATION MAKING, KEEP POSTPONING IT, THE COMMISSION, STEVE HOPKINS WITH DSD. UH, SO YOU'RE ASKING IF, WHAT EFFECT POSTPONING THE PLY VACATION WILL HAVE. YES, SIR. YOU HAVE THAT OPTION. UM, THE PLAT VACATIONS ARE DISCRETIONARY, SO YOU CAN DO, AS YOU SEE FIT BASED ON THE EVIDENCE IN THE RECORD. UM, I WILL SAY THAT I DON'T SEE ANY REASON TO POSTPONE, BUT IT IS UP TO THE COMMISSION. THANK YOU. AND YOU KNOW, THE REASON THAT WHEN JUST TO ADDRESS YOUR, YOUR, YOUR QUESTIONNAIRE, I, I APPRECIATE THAT, UH, THAT, YOU KNOW, THESE, THESE CASES, I THINK IT'S IMPORTANT FOR AT LEAST, YOU KNOW, MORE THAN JUST A MINIMUM NUMBER OF COMMISSIONERS TO, TO VOTE ON, ON THESE CASES, PARTICULARLY A CASE LIKE THIS THAT'S, YOU KNOW, RELATED TO ANOTHER SUBDIVISION CASE THAT WE'VE ALREADY ACTED ON. SO, BUT I DO APPRECIATE YOUR POINT. UH, SO ANY COMMENTS FROM THE COMMISSION COMMISSIONER GREENBERG, IS ANYBODY HERE TO SPEAK TO BE 11? UH, WE HAD SOME SPEAKERS ON B 11. YES. THEN I THINK WE SHOULD POSTPONE IT. OKAY. SO, ALL RIGHT. SO WE HAVE, UM, THINKING IS JUST LIKE YOU SAID, THAT WAS SIX WE'RE LIKELY TO GO FORWARD WITHOUT A RECOMMENDATION. AND IF THEY WAIT UNTIL THE NEXT MEETING ON THESE CASES, WE SHOULDN'T HAVE MORE PEOPLE MORE THAN JUST A MINIMUM QUORUM ATTENDING. THANK YOU, COMMISSIONER DINKLER AND I WAS GOING TO SECOND, UH, COMMISSIONER GREENBERG'S MOTION. I DON'T KNOW IF COMMISSIONER STERN HAD RAISED HIS HAND BEFORE ME. SO IF HE WANTED A SECOND OR HAD A QUESTION. NO, I HAD, I HAD COMMISSIONER GREENBERG AS THE MAKER OF THE MOTION. AND YOU AS THE PERSON WHO, THE COMMISSIONER WHO SECONDED IT, CHAIR COMMISSION LAYS ON ANDREW SHOULD NOTE THAT MR. COMMISSIONER ACOSTA HAS JOINED THE MEETING. OKAY. SO NOW WE WERE BACK TO, WE ARE NOW BACK TO SEVEN MEMBERS. SO DO WE WANT TO WITHDRAW THIS MOTION TO POSTPONE? OR DO YOU WANT TO VOTE ON THE MOTION POSTPONEMENT? I'D LIKE TO VOTE ON THE MOTION IT'S I'D LIKE TO, TO MR. COASTS, I MEAN, COMMISSIONER COSTO, WASN'T EVEN HERE FOR THE PRESENTATIONS ON THE CASE. SO THAT ALSO MAKES IT DIFFICULT. AND, AND SO THAT'S A GOOD POINT IN TERMS OF THE OTHER ITEMS. DO WE WANT TO TAKE THIS, THIS ITEM SEPARATELY AND THEN GET ACT ON THE OTHER TWO ITEMS THAT WERE PART OF THE ORIGINAL MOTION SEPARATELY? IN OTHER WORDS, GO AHEAD. SINCE WE HAVE 70 MEMBERS IN HERE, THE OTHER TWO CASES, LET'S SEE IF WE GET SIX VOTES FOR THE MOTION. OKAY. SO WE, THE MOTION ON THE TABLE RIGHT NOW IS TO KEEP THE PUBLIC HEARING OPEN ON B6 AND POSTPONE ITEM B SIX, B SEVEN, AND B 11 TO OUR JUNE 7TH MEETING. ANY FURTHER DISCUSSION. OKAY. ALL IN FAVOR. RAISE YOUR HAND. OKAY. THAT'S COMMISSIONER DINKLER AND COMMISSIONER GREENBERG, ALL THOSE OPPOSED. RAISE YOUR HAND. OKAY. THERE'S ONE THAT'S COMMISSIONER, COMMISSIONER STERN, AND COMMISSIONER BOON. AND, UH, THEN ALL OF THOSE ABSTAINING. OKAY. COMMISSIONER THOMPSON AND ACOSTA. OKAY. SO THAT MOTION DOES NOT CARRY, DO WE HAVE ANOTHER MOTION? SO COULD WE HAVE A MOTION TO POSTPONE THIS CASE SO THAT WE COULD HAVE A FULL COMMISSION HERE AT S WELL, I COMMISSIONER KOSTA, DO YOU WANT TO ADDRESS YOUR, YOUR PERSPECTIVE ON THIS, ON THIS ITEM, B SIX. DO YOU, DO YOU FEEL COMFORTABLE VOTING ON IT? I THINK YOU'RE MUTED. I THINK YOU'RE STILL MUTED. I THINK WE'RE HAVING SOME TECHNICAL DIFFICULTIES THERE. I CAN'T HEAR COMMISSIONER KOSTA [01:25:02] STILL. CAN'T HEAR YOU. SORRY. NO, OKAY. IT LOOKS LIKE WE'RE HAVING SOME TECHNICAL DIFFICULTIES THERE. SO CAN MR. ACOSTA, OKAY. SO I GUESS TECHNICALLY WE'RE DOWN TO SIX MEMBERS RIGHT NOW, UH, SINCE WE'RE HAVING TECHNICAL DIFFICULTIES, SO, ALL RIGHT. SO THAT MOTION FAILED. UM, AND, UH, DO WE, DO I HAVE, UM, ANOTHER MOTION? OKAY. TRY AND SAY POST. YES. MAYBE WE COULD WAIT JUST FOR A FEW SECONDS TO GIVE COMMISSIONER KOSTA THE CHANCE TO MAYBE RECONNECT AND SEE IF HE CAN GET BACK IN. THANK YOU. OKAY. SO, UH, LET'S, LET'S TAKE A 10 MINUTE RECESS SO WE CAN GET A LITTLE BREAK HERE FOR US. AND ALSO MAYBE IT'LL GIVE, UH, COMMISSIONER KOSTA A CHANCE TO GET CONNECTED BACK IN. THANK YOU. 10 MINUTE RECESS. WE'LL BE BACK AT A 7 37. I'M SORRY. 7 47. OKAY. THANK YOU. THE MEANTIME, CAN YOU ALL HEAR ME NOW? YES. YES. WE CAN HEAR YOU NOW. READY FOR WHENEVER WE GET BACK, MAYBE WE SHOULD COME BACK FOR US TO COME BACK. THANK YOU, EVERYONE HERE. YOU MENTIONED WHERE AT RECENTLY, UM, COMMISSIONER, YOUR M KING IS OFF THE DAY, SO WE STILL HAVE TO RECESS. OKAY. WE'LL BE BACK. THANK YOU. THANK YOU FOR YOUR PATIENTS. UM, OKAY. AND, UH, SO I JUST WANT TO KIND OF REVIEW, IF WE COULD RE REAL QUICKLY WE'VE GOT ITEM B SIX, WHICH WE JUST HEARD, UH, AND ITEM B SEVEN AND B 11. AND, UM, I WONDER IF STAFF COULD HELP US UNDERSTAND ON A, B SIX B SEVEN AND B 11, WHAT WOULD BE THE A AND B 11, IF WE WERE TO, UH, IF THEY COULD MAYBE EXPLAIN IF WE WERE TO EITHER POSTPONE IT OR DENY IT OR APPROVE IT? WHAT, WHAT IS THE CONSEQUENCE OF ANY OF THOSE ACTIONS? SO IF THIS PLAT VACATION AND THE REPLAT ARE ASSOCIATED, THEY BOTH RELY ON EACH OTHER. SO, UM, THE REPLAT RIGHT NOW IS APPROVED WITH CONDITIONS. THE PLAT VACATION IS BEFORE YOU, AND IF YOU TAKE NO ACTION, IT WILL BE DENIED. UM, SO YOU CAN EITHER POSTPONE IT AND DEAL WITH IT IN, AT YOUR NEXT HEARING, OR YOU CAN APPROVE IT TONIGHT. OKAY. SO IF, IF THIS VACATION IS DENIED, THE REPLAT WILL ALSO EXPIRE. OKAY. THANK YOU VERY MUCH. APPRECIATE THAT. AND ON ITEMS V SIX AND B SEVEN, THERE ARE ZONING CASES. AND IF WE WERE TO, UH, YOU KNOW, NOT GET A MAJORITY VOTE FOR THEM, SIX VOTES, UH, THEN THEY WOULD BE MOVED FORWARD WITHOUT A RECOMMENDATION. IS THAT CORRECT? CHUCK? I MENTIONED HE'S ON A VERA FOR A ACTION TO BE IN THE AFFIRMATIVE. I WOULD TAKE SIX VOTES AT THE COMMISSION. RIGHT. AND IF WE DON'T, YES. AND IF WE DON'T GET AN, UH, SIX VOTES, THEN IT WOULD MOVE FORWARD WITHOUT A RECOMMENDATION. CORRECT. THOSE TWO ITEMS. OKAY. I JUST WANTED THE COMMISSIONERS TO UNDERSTAND THE, THOSE OPTIONS HERE. ALL RIGHT. SO WE'RE, WE GOT SEVEN MEMBERS NOW AND LET'S SEE WHAT THE COMMISSION WOULD LIKE TO DO ON . WE HAVE THE PUBLIC HEARING OPEN ON B6 AND WE'RE, UM, PORN TO BRAIN GREEK CARE. I WAS JUST WONDERING ABOUT, UM, COMMISSIONER, UH, KOSTA. UM, IF HE HAS HAD TIME TO LOOK AT B6, THE AGAVA ANNEX, UM, SUFFICIENTLY THANK YOU, COMMISSIONER. UH, AND I APPRECIATE EVERYONE'S PATIENCE, TRAFFIC AND TECHNOLOGY HAVE BEEN AGAINST ME TODAY. UM, BUT I HAVE READ THE BACKUPS ON THE CASES. AND SO I'VE, I, I, [01:30:01] I FEEL COMPETENT WITH LIKE WHAT STAFF HAS PUT TOGETHER AND SUPPORTED THEIR RECOMMENDATION, UM, BREASTS AT FOUR WITH, UH, WITH THE CONDITIONS THAT THEY RENT WITH THE CONDITIONS THAT THEY OUTLINED. AND THEN ALSO I RECEIVED COMMUNICATION FROM ONE OF THE REPRESENTATIVES OF THE PROJECT STATING THAT THEY'VE SPOKEN WITH SOME OF THE RESIDENTS ABOUT THEIR CONCERNS FOR DRAINAGE. UM, SO I, I HAVE AN OPINION OR A POSITION AT LEAST I FEEL CONFIDENT TO VOTE ON. THANK YOU FOR ASKING THEM. VERY GOOD. THANK YOU. SO, BASED ON THAT, UH, DO WE HAVE A MOTION ON B6 TO CLOSE THE HEARING AND DISCUSS THIS CASE? OR WHAT WOULD THE COMMISSION LIKE TO DO? OKAY. COMMISSIONER COSTA, I HAVE LIVED TO CLOSE THE PUBLIC HEARING TO DISCUSS THE CASE, RIGHT. AND THE SECOND BY COMMISSIONER THOMPSON, ALL RIGHT. PUBLIC HEARING HAS BEEN CLOSED. NOW, DO WE HAVE QUESTIONS FROM THE COMMISSION? I WONDER IF THE APPLICANT MIGHT BE SO KIND AS TO PLACE THE, UM, THE, THE, THE MAP WITH THE PROPOSED STEP OUTS AND ALL. YES. THAT IS A SLIDE FOUR OR FIVE. I THINK IT'S SLIDE EIGHT. IF YOU DON'T MIND FOR YOU. SORRY. IT MAY BE A LITTLE BEFORE I LEFT. HERE WE GO. THANK YOU. GREAT. YEAH, I THINK, I THINK THIS FOR ME GIVES ME A LOT OF COMFORT. I THINK THIS IS A REGION OF THE CITY THAT, ESPECIALLY WITH RESPECT TO TRANSPORTATION, MULTIMODAL TRANSPORTATION, THERE'S A TON OF OPPORTUNITIES. UM, AND THERE'S OPPORTUNITIES FOR CONNECTION AND CONNECTIVITY AND MULTIMODAL ACCESS. THERE. WE THINK SO FAR AS THE GREEN LINE, AND THERE'S ALSO OPPORTUNITIES TO BUILD A BUNCH OF SUBDIVISIONS THAT DON'T CONNECT AT ALL. UM, AND FOLKS HAVE ALREADY DONE THE WORK TO BUILD STUB OUTS THAT MAKES THIS POSSIBLE. UM, AND, AND THE KIND OF YES, AND OF, OF, UH, OF THIS LAYOUT, UH, MAKES ME FEEL GOOD ABOUT THE NEXT STEPS BEYOND IT. SO THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? YES. COMMISSIONER GREENBERG, UM, HAS ATD LOOKED AT THAT PROPOSED LOCATION AND DESIGN AT ALL FOR THE TRAFFIC? IT'S NOT A ROUNDABOUT TRAFFIC CIRCLE. I'M SORRY. I DIDN'T REALIZE YOU WERE GOING TO ASK REGARDING THE TRAFFIC CIRCLE IN PARTICULAR. I'LL TURN THAT OVER TO LEAH. WE DID HAVE A, IT WAS QUITE AWHILE AGO, AND I DON'T KNOW IF BRIAN REMEMBERS, BUT IT WAS QUITE A WHILE AGO. WE DID HAVE A PRELIMINARY MEETING, OBVIOUSLY NOT READY TO GET FORMAL APPROVALS, SO WE DIDN'T HAVE FORMAL DESIGN, BUT JUST TO SAY, YOU KNOW, IS THIS SOMETHING THAT SEEMS LIKE A GOOD IDEA? IS THIS SOMETHING YOU COULD GENERALLY SUPPORT? AND WE GOT THE, THE GO AHEAD THAT IT WAS SOMETHING THAT SEEMED SUPPORTABLE AND PERMITTABLE. OKAY. UM, I WOULD TAKE THE POINT OF VIEW THAT MAYBE IT'S NOT THE BEST USE OF MONEY FOR TRAFFIC MITIGATION. UM, IN OUR NEIGHBORHOOD, WE HAD A PARTICULAR DEVELOPMENT AND INSTEAD OF COMMITTING TO A CERTAIN THING TO MITIGATE THE TRAFFIC MONEY WAS PLACED BY THE DEVELOPER INTO AN ESCROW ACCOUNT. AND THE NEIGHBORHOOD AFTER THE DEVELOPMENT WAS BUILT AND COULD SEE THE CONSEQUENCES OF ANY TRAFFIC CHANGES, MADE DECISIONS ABOUT WHAT TO DO WITH THAT MONEY. UM, WE DID IN FACT USE IT FIRST CIRCLE AND ADDITIONAL SIDEWALKS. UM, BUT I THINK THAT WOULD BE MY PREFERENCE RATHER THAN HAVING A RESTRICTIVE COVENANT. AND MAYBE THE NEIGHBORS BEFORE THIS COMES TO COUNCIL WILL WORK FURTHER WITH THE GENEROSITY OF THE DEVELOPER AND SEE IF INSTEAD THE MONEY COULD JUST BE PUT INTO AN ESCROW ACCOUNT TO FIGURE OUT HOW IT WOULD BE BEST UTILIZED ONCE THERE'S A DEVELOPMENT IN PLACE. UM, BUT I HAVE NO OBJECTION TO THE PROPOSAL. I WOULD, I WOULD SAY THAT WE ARE CERTAINLY OPEN TO THAT. WE'VE HEARD FROM SOME FOLKS THAT THEY REALLY WANT TO MAKE SURE THAT WHATEVER MITIGATION IS THERE IS IN PLACE WHILE THE DEVELOPMENT'S BEING BUILT. SO THAT'S KIND OF HOW WE ENDED UP WITH THIS IN PLACE, BUT I'M KIND OF SURE YOU THAT BETWEEN NOW AND HEADING TO COUNCIL, IF FOLKS HAVE DIFFERENT IDEAS, WE WOULD BE ABSOLUTELY OPEN TO HEARING THEM. THANK YOU. THANK YOU, COMMISSIONER. DINKLER UM, DID WE VOTE ON CLOSING THE HEARING OR DID I MISS THAT? YES. APOLOGIES. IT WAS UNANIMOUS. YES. UH, OKAY. I MUST HAVE VOTED FOR IT. UM, GETTING A LITTLE PUNCHY. UM, THIS IS A FOR, UM, I DON'T KNOW IF THIS IS WATERSHED OR MR. [01:35:01] GOLDEN. UM, I'VE HAD THE PLEASURE OF BRIBING ROGERS ROAD. AND I HAVE ALSO DISCUSSED WITH THE APPLICANT THAT I THINK THE TRAFFIC CIRCLE IS LESS THAN THE ISSUE THAN MAKING IMPROVEMENTS TO ROGERS LANG ROAD. THIS PICTURES, THERE ARE SUBSTANDARD ROADS AND THERE ARE SUBSTANDARD ROADS. AND THIS ONE IS THE, YOU KNOW, TO THE 20TH DEGREE OF SUBSTANDARD ROAD, WHAT THAT PICTURE DID NOT SHARE YOU AS THE ENTRANCE INTO ROGERS ROAD FROM 9 69, WE HAVE A WATER MAIN THAT STICKS UP PROBABLY 12 INCHES FROM THE ROAD. IT'S ALMOST VERTICAL. UH, IT HAS A, SOME KIND OF CONSTRUCTION BUILDING STUFF ON THE SIDE WHERE I DON'T EVEN KNOW IF THEY HAVE THE ZONING TO DO, UM, WHAT THEY'RE TALKING ABOUT EVENTS. UM, AND I'M PARTICULARLY CONCERNED WITH THE IMPROVEMENTS TO WEST ROGERS LANE, WHICH I'M HAPPY TO HEAR ABOUT, BUT I WANT TO MAKE SURE THAT THAT LOOKS LIKE THERE'S A LOW WATER CROSSING THERE. SO IF THERE'S FLOODING, UH, AND I THINK THE APPLICANT IS PROBABLY TAKEN CARE OF THAT, BUT IT'S THAT LOW WATER CROSSING, EVEN ON THE LIST OF LOW WATER CROSSINGS, IT, IT WAS DIP DOWN BABY FIRST OFF THE CREEK. UM, THERE'S NO QUESTION IN MY MIND THAT THIS IS ALL GOING TO COME OUT OR NET COVE. UH, BUT EVEN THEN I STILL THINK THAT THE, AND I'M SUPPORTIVE OF THE ZONING TO, UM, EVEN IF THE STUB OUTS DON'T WORK. CAUSE IF I WAS A SCHOOL, I WOULDN'T ALLOW THE CONNECTION. MAYBE THEY WILL. MAYBE THEY WON'T. UM, I'M RAMBLING A LITTLE BIT, BUT CAN SOMEONE ANSWER IF THERE'S A, THAT THAT'S CONSIDERED A LOW WATER CROSSING OR NOT? UH, HAS ANYONE SEEN IT OTHER THAN I KNOW MS. GREENBURG'S SOUNDS LIKE SHE'S SAYING THAT, UM, MS. BEAUCHAMP, DID YOU THINK YOU WERE ADDRESSING THE LOW WATER CROSSING THERE IF YOU'VE TURNED THE SITE? UM, I, MY UNDERSTANDING FROM WORKING WITH OUR CIVIL ENGINEERS, THAT WE WILL BE REPLACING THE CULVER THERE AND EXPANDING IT CONSIDERABLY. AND SO WE WILL BE BRINGING THE ELEVATION OF THE WATER DOWN APPROXIMATELY TWO FEET. UM, I CAN'T SAY FOR SURE WHAT THAT MEANS AS FAR AS WHAT, OR WHETHER IT'S OFFICIALLY A LOW WATER CROSSING TODAY OR WHETHER IT'S STILL WOULD BE, BUT I KNOW THAT WE ARE DOING WORK TO REDUCE THAT, UM, THAT WATER LEVEL THERE AND, AND ALSO REDUCE THE SIZE OF THE FLOOD PLAIN THERE, AROUND THAT CULVERT. OKAY. AND THE CULVERT IS WHERE THERE'S THE DIP IN THE ROAD COVERT? YES. THE COVERT IS, UM, ABOUT THE MAP THAT WOULD HELP. SURE. AND ACTUALLY THERE'S A, AN EXHIBIT. UM, IF YOU KEEP GOING TO THE END OF THE PRESENTATION RIGHT AFTER THAT BLINK SLIDE THERE, I THINK THERE WILL BE A HELPFUL EXHIBIT RIGHT THERE. YEP. THERE IT IS. SO THAT IS APPROXIMATELY WHERE THE EXISTING FLOOD PLAIN IS AND WHERE THAT DETENTION WOULD BE ON OUR SUBDIVISION. AND I BELIEVE THE CULVERT IS, IS NEAR, IS, IS RIGHT THERE WHERE THAT FLOODPLAIN GOES. SO WE WOULD BE FEEDING MORE WATER UNDER THE ROAD, THROUGH THE CULVERT, INTO THE DETENTION THAT WE'RE PRIDING PROVIDING ON OUR SUBDIVISION. OKAY. UH, NO NEED TO BELABOR IT. THANK YOU FOR YOUR ATTENTION TO THIS MATTER. OKAY. ANY OTHER QUESTIONS OR COMMENTS FROM THE COMMISSION? WELL, I JUST, UM, MR. CHAIR, I HAD, UM, IT LOOKED LIKE MS. AND I'M NOT SURE IF IT'S CAFFEINE OR CHAFING, UM, WAS WANTING TO TELL US SOMETHING SEVERAL TIMES. AND SO I WANTED TO GIVE HER THAT OPPORTUNITY TO DO SO. NO, I THINK I WAS JUMPING UP IN ANTICIPATION OF THE ANSWER TO THE QUESTION, BUT I WAS, UH, I WAS GONNA SAY ALSO, WE DON'T HAVE ANY DRAINAGE STAFF HERE TODAY, SO I THINK MS. BEDROOMS AND IT'S CHAFFIN, BUT I ANSWERED A CHAFING. UM, DID YOU HAVE ANY, UM, ANYTHING TO MENTION ABOUT, UM, THE ROAD ITSELF, AN ATDS INVOLVEMENT THERE, OR W WE DO HAVE ATD STAFF ON THE LINE, UM, AND THEY HAVE REVIEWED THE NTA. UM, I DON'T KNOW IF YOU HAVE ADDITIONAL QUESTIONS FOR THEM. NO. OKAY. JUST WANT TO MAKE SURE. THANK YOU. ANY OTHER COMMENTS OR QUESTIONS FROM THE COMMISSION? WE HAVE EIGHT AND NOW WE HAVE CHAIR BARRERA MIRRORS IS BACK WITH US. ALL RIGHT, GOOD. SO, UH, YOU KNOW, I JUST TO, JUST TO FOLLOW UP ON THE, UH, PUBLIC RESTRICTIVE COVENANT, COULD, COULD STAFF CLARIFY THAT OR JUST, UH, YOU KNOW, TELL ME A LITTLE BIT ABOUT THAT. I [01:40:01] DIDN'T QUITE CATCH ALL THAT. IS THAT A PUBLIC RESTRICTIVE COVENANT OR A PRIVATE RESTRICTIVE COVENANT, TWO DIFFERENT ONES? THE ONE I WAS SPEAKING ABOUT IS A PUBLIC RESTRICTIVE COVENANT THAT WOULD TIE THE NTA TO THE PROPERTY. OKAY. UH, WHAT MS. MOSHE WAS DISCUSSING WAS A PRIVATE RESTRICTIVE CABINET, UH, PRESUMABLY WITH, UH, UH, GOLF, UH, NEIGHBORS REGARDING THE TRAFFIC, THE TOPIC CIRCLE. OKAY. ALL RIGHT. THANK YOU. UM, AND IN TERMS OF THE PARKLAND DEDICATION, I WONDER IF A STAFF COULD MAYBE ADDRESS THAT THE POINT THAT WAS MADE BY, UH, ONE OF THE NEIGHBORS THERE ABOUT, UH, UH, ABOUT THE PARKLAND DEDICATION, WHETHER IT, WHETHER THAT WOULD, YOU KNOW, HOW THAT'S GOING TO BE, I'M GOING TO HAVE TO DEFER A TUNE AS BEAUCHAMP. I WASN'T INVOLVED IN THAT. UM, I BELIEVE THAT WE ARE PROJECTING TO PAY A FEE IN LIEU OF PARKLAND DEDICATION. UM, WE HAVE NOT GOTTEN AN EARLY DETERMINATION YET AS FAR AS I KNOW, BUT THAT'S MY UNDERSTANDING. UM, AND AS FAR AS WHERE THAT MONEY GOES, OBVIOUSLY WE CAN'T DIRECT THAT MONEY AS THE APPLICANT, BUT WE HAVE HEARD FROM MANY NEIGHBORS. AND AS YOU HEARD EARLIER TONIGHT THAT THEY WOULD REALLY LIKE IT TO GO TO THAT, UH, GABI PARKED NEARBY. YES. AND MY UNDERSTANDING ABOUT THAT PROGRAM IS THAT THAT FUNDING IT'S SORT OF LIKE THE STREET IMPACT FEE IS SORTED TO BE DEDICATED IN A CERTAIN AREA. NOT, NOT NECESSARILY IN THAT ONE NEIGHBORHOOD, BUT IN AN AREA. SO THAT'S HOW IT IS. OKAY. ALL RIGHT. UH, AND, UM, IN TERMS OF ROGERS LANE, I WOULD LIKE TO FOLLOW UP WITH THE TRANSPORTATION STAFF ON THAT. AND, UH, I, UH, WHEN DID THE GOOGLE KIND OF DRIVE DOWN THE ROGERS LANE THERE? AND I'VE DRIVEN THAT BEFORE? CAUSE WE HAD ANOTHER CASE HERE A FEW MONTHS BACK ON ROGERS LANE. AND SO I ACTUALLY DROVE THAT AND I COULD SEE FIRSTHAND HOW NARROW IN UNIMPROVED IT REALLY IS. AND THERE AREN'T ANY GUTTERS OR SIDEWALKS ON THAT OR ANYTHING LIKE THAT. AND EVEN THOUGH THE BACKUP SAYS THAT FOR, FOR IT, IT IT'S, IT GENERALIZES THAT TO BOTH, UH, THE, UH, TWO, TWO ROGERS LANE AND THEN THE OTHER, OTHER CONNECTION POINT, UM, TO THE, TO THE EAST THERE. UH, SO COULD, COULD TRANSPORTATION STAFF, UH, JUST DESCRIBE WHAT'S THE PLAN FOR ROGERS LANE IN TERMS OF THE CIP, IS THERE, OR THE SMP, IS IT GOING TO BE RIDING WINDER IMPROVED? AND IF SO, WHEN AND WHAT KIND OF IMPROVEMENTS? HI EVERYONE. MY NAME IS I'M WITH THE AUSTIN TRANSPORTATION DEPARTMENT. UM, I DID REVIEW THE MTA, UM, CURRENTLY ROGERS LANE, A SUBSTANDARD. THERE WAS A MISTAKE IN THE MEMO. UH, THERE IS NOT IN FACT KERVIN BETTER CURRENTLY WHEN RODERICK'S LANE. UM, AND ROGER'S LANE IS CURRENTLY NOT IN THE ASAP, WHICH IS THE AUSTIN STRATEGIC MOBILITY PLAN, WHICH IS THE LONG RANGE TRANSPORTATION PLAN. THE CITY CURRENTLY HAS ADOPTED. UM, IT WAS ALSO NOT AS THE ACMP AMENDMENT, I THINK, WHICH IS ALSO GOING TO COUNCIL. UM, SO THAT, THAT CAN BE ADDED IN THE FUTURE, UM, AND THE NEXT ACMP AMENDMENT, UM, WHICH WILL BE CURRENT SIF, UH, UM, ROADWAY CAPACITY PLAN. BUT THAT CAN ALSO BE THAT, THAT WILL ALSO BE AMENDED WITHIN THE NEXT FIVE YEARS. SO WE NEED TO KNOW, OKAY, I'M SORRY. LET'S, LET'S LET THE STAFF CONTINUE TO, WITH THEIR ANSWER AND THEN WE CAN RESPOND. THANK YOU. YES. GO AHEAD. STEP TWO. YOU CAN CONTINUE YOUR COMMENTS ABOUT ROGERS LANE. DID YOU HAVE ANYTHING ELSE? NO, THAT WAS PRETTY MUCH IT. OKAY. THANK YOU VERY MUCH. AND, AND NOW ARE THERE ANY COMMENTS OR QUESTIONS ABOUT FROM THE COMMISSION? YES. COMMISSIONER DECK, COMMISSIONER DECORATES. WELL, THE NTA BE CORRECTED BEFORE IT GOES TO COUNCIL. AND DO YOU HAVE THE ABILITY TO MAKE AN AMEND A CORRECTION TO THE A S M P NOW RATHER THAN WAIT FIVE YEARS FOR AN AMENDMENT? UM, IF, IF YOU COMMISSIONED WOULD REQUEST TO, UM, I THINK THIS CAN BE STATIC GENERATED. I DON'T THINK IT HAS TO BE GENERATED BY ZAPPER COATS AND ORDINANCES, BUT IF WE NEED TO, UM, WE COULD PUT IT ON THE AGENDA. IF YOU THINK THAT'S THE CASE, UM, TO MAKE A REVISION TO THE FINAL NTA MEMO, I CAN DO THAT. UM, SHE'S NEVER LIKED THE LANGUAGE THAT SAYS THERE'S CURRENTLY NO, AND BETTER. IF THAT'S WHAT YOU'RE REFERRING TO, UH, THE PAVEMENT WITH THIS ALSO CAN'T, THERE'S NO WAY THE PAVEMENT WITH THE 17 FEET. UM, I THINK YOU WOULD HAVE AT LEAST THREE COMMISSIONERS WHO WOULD TELL YOU THAT. SO I KNOW YOU CAN ADDRESS THE CURB AND GUTTER AND THE SIDEWALK, AND, UM, IF YOU CAN MEASURE THE CURB AND GUTTER OR VERIFY [01:45:01] THAT IT'S NOT 17 FEET, SHOULD WE INITIATE AN AMENDMENT TO THE I S AND P AT OUR NEXT MEETING? IS THAT WHAT YOU'RE SAYING? OR COULD YOU HAVE THE ABILITY TO MAKE A CORRECTION NOW? UM, I'M NOT SURE IF I'M ABLE TO DO THAT. UM, THE ASMP AMENDMENT IS GOING THROUGH ANOTHER DIVISION, WHICH IS OUR SYSTEMS DEVELOPMENT DIVISION. THEY'RE THE ONES SPEARHEADING THAT PROJECT. UM, I'M NOT REALLY SURE HOW TO ADD COMMISSIONER DINKLER MAY I JUST, JUST CLARIFY HERE, IT SOUNDS LIKE YOU'RE TALKING ABOUT YOU, YOU WERE ASKING ABOUT TWO THINGS HERE. ONE IS TO CORRECT THE NTA ITSELF BEFORE IT GETS TO COUNCIL, IN WHICH I, MY UNDERSTANDING IS STAFF CAN DO THAT AND THEY WILL DO THAT. SO THAT IT'S CORRECT GOING TO COUNCIL. AND THEN THE SECOND QUESTION, IF I'M UNDERSTANDING YOU IS KEN, CAN WE, CAN THE ZAP OR STAFF GO AHEAD AND INITIATE AN AMENDMENT FOUR TO INCLUDE ROGERS LANE IN THE ASAP? LET'S GO AHEAD AND WE CAN DISCUSS THIS THEN IF IT'S ALL RIGHT WITH MS. SYEDA, WE CAN PUT IT ON, WE CAN DISCUSS IT AS A FUTURE AGENDA ITEM, AND IF THEY FIND THEY CAN MAKE A INTERNAL CORRECTION, I'M SURE THEY WILL LET US KNOW BEFORE THE NEXT MEETING. OKAY. IS THAT ACCEPTABLE? WELL, I THINK YOU CAN, WE START DEFINITELY MADE IT, BROUGHT UP A GOOD POINT THERE, AND I WONDER IF THIS COULD BE PART OF A RECOMMENDATION ON THIS CASE. COULD WE, COULD WE SAY WE, YOU KNOW, VOTE FOR THE ZONING, BUT WITH A RECOMMENDATION THAT ROGERS LANE BE INCLUDED IN THE ASM P UH, HEATHER AND HOUSING AND PLANNING, THAT CAN'T BE, THAT CAN BE OKAY. OR, OKAY. SO WE WOULD HAVE TO TAKE THAT SEPARATELY. OKAY. CORRECT. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS FROM THE COMMISSION? OKAY. DO I HAVE A MOTION? OKAY. UH, I'M SORRY. DID I SEE A HAND HERE, COMMISSIONER DANGLER? I'D LIKE TO MOVE APPROVAL OF THE REZONING R FOR OUR GARVEY. UM, WHAT ARE WE CALLING THIS? THE UPOP THIS CASE? UM, HOWEVER, UH, GABI ANNEX, HOWEVER, WE CAN MAKE A MOTION ON, UH, ACCESS AND TRAFFIC MITIGATION. I I'VE SEEN THAT IN THE CODE BEFORE. I'D LIKE TO MAKE THE MOTION, UH, THAT REQUESTS THAT WE RATHER THAN DO THE TRAFFIC CIRCLE, THAT THE MONEY BE PUT TOWARDS, UH, IMPROVEMENTS ON ROGERS LANE. UH, HEATHER CHAFFIN, HOUSING AND PLANNING. THE TRAFFIC CIRCLE ISSUE IS A MATTER OF A PRIVATE, RESTRICTIVE COVENANT. IT IS NOT SOMETHING THAT HAS BEEN, YOU KNOW, OFFICIALLY REVIEWED AND APPROVED BY A CITY STAFF. AND IT CANNOT BE PART OF A ZONING RECOMMENDATION, UH, MS. SHAPE. AND I'M GOING TO GO AHEAD AND CHECK THE CODE AGAIN, BECAUSE MY UNDERSTANDING IS WE CAN, WHY DON'T WE JUST, UH, UH, GIVE ME 30 SECONDS AND I'LL SEE IF I CAN DOUBLE CHECK THIS. OKAY. UM, AND SO WHILE WE'RE WAITING, IS THERE ANY OTHER DISCUSSION ABOUT THIS CASE OR ANY OTHER QUESTIONS FROM COMMISSION? I GUESS I WOULD ASK THEM MS. BOHO, HOW THE TRAFFIC CIRCLE GOT INTO THE PLAN AS A, UH, PRIVATE, UM, WHAT'S THE RIGHT TERMINOLOGY FOR THAT. IT HAS A PRIVATE COMMITMENT, SO THAT WAY WE UNDERSTAND THE HISTORY OF THE ROUNDABOUT. ABSOLUTELY. THANK YOU. UM, SO, SO THE STREET CONNECTION THAT WOULD BE REQUIRED BY SUBDIVISION WOULD JUST BE THAT THE STREETS CONNECT JUST AS A STRAIGHT LINE AS A STREET, UM, WOULD, YOU KNOW, WITHOUT NECESSARILY HAVING SOMETHING IN THE MIDDLE, WE OFFERED THE TRAFFIC CIRCLE ABOVE WHAT THE CODE WOULD REQUIRE IN AN EFFORT TO, UM, PROVIDE A TRAFFIC CALMING AND SORT OF A PLACE-MAKING OPPORTUNITY. SO, SO I THINK THAT'S WHY, UM, IT WOULDN'T BE PART OF THE MOTION, CAUSE IT'S JUST SOMETHING WE'RE OFFERING, UH, SORT OF, UH, OUTSIDE OF, OF WHAT WOULD REGULARLY REGULARLY BE REQUIRED BY ATD. WE DID HAVE THEM REVIEW IT TO MAKE SURE WE WEREN'T PROPOSING SOMETHING THAT WOULDN'T BE APPROVED, BUT, BUT THAT WAS WHERE IT CAME FROM. THANKS FOR BAD HISTORY. LET ME THROW MY EMOTION IF I MAY, AND JUST MOVE APPROVAL. UH, I WANT TO SUGGEST TO MY COUNCIL MEMBER THAT THEY LOOK AT THAT ISSUE AND HOPE THAT OTHERS WILL DO THE SAME. OKAY. SO THERE'S A MOTION TO APPROVE STAFF RECOMMENDATION FOR, UM, UH, WHICH WOULD BE FOR SF FOUR A AND IS THERE A SECOND COMMISSIONER KOSTA? OKAY. ALL RIGHT. SO WE HAVE A MOTION AND A SECOND FOR STAFF RECOMMENDATION OF SF FOR A FOUR. THIS CASE IS ALL THOSE IN FAVOR. PLEASE RAISE YOUR HAND. [01:50:02] OKAY. AND THAT'S UNANIMOUS. THANK YOU. OKAY. SO THE NEXT CASE [B7. Rezoning: C14-2022-0020 - 2103 W Slaughter; District 5] B SEVEN C 14 20 22 0 0 2 0 21 0 3 WEST SLAUGHTER LANE. GOOD EVENING, CHAIRMAN COMMISSION MEMBERS. MY NAME IS WENDY RHODES WITH THE HOUSING AND PLANNING DEPARTMENT. THIS REZONING AREA CONSISTS OF ONE PLANTED LOT AND A PORTION OF ANOTHER. IT HAS ACCESS TO WEST SLAUGHTER LANE AND IS ZONE L R M U C O BY WAY OF A 2014 CASE THAT CONDITIONAL OVERLAY, UH, ALLOWS FOR PERSONAL SERVICES, PERSONAL IMPROVEMENT SERVICES, GENERAL RETAIL, SALES, CONVENIENCE, AND OTHER NEIGHBORHOOD OFFICE USES AND DEVELOPMENT REGULATIONS. UH, THERE ARE SINGLE FAMILY RESIDENCES TO THE SOUTH THAT TAKE ACCESS TO, UH, ALL RED DRIVE. UH, THE APPLICANT REQUESTED COMMUNITY COMMERCIAL OR GR ZONING IN ORDER TO ALLOW FOR ADDITIONAL USES ON THE PROPERTY. UH, THE EXISTING USES ON THE PROPERTY INCLUDE A PET SERVICES, WHICH IS AN ADULT, WHICH IS, UH, CURRENTLY OPERATING AS A DOG DAYCARE AND AN INDOOR SPORTS AND RECREATION USE, WHICH IS THE GAMING ROOM. UH, THE STAFF HAS DISCUSSED WITH THE APPLICANT THAT BOTH OF THOSE USES ARE NOT ALLOWED IN THE EXISTING ZONING. AND, UH, THAT IS WHY THIS APPLICATION HAS BEEN SUBMITTED TO THE CITY WE HAVE REVIEWED AND RECOMMEND, OR ARE NOT ABLE TO RECOMMEND GR AS I MENTIONED, BECAUSE MANY OF THE LAND USES NGR MORE, UH, ARE NOT COMPATIBLE WITH THE ADJACENT SINGLE FAMILY RESIDENCES THAT ARE IN THE VICINITY. HOWEVER, WE ARE ABLE TO RECORD RECOMMEND LRM UCO AND REMOVE THREE OF THE LESS INTENSIVE LAND USE CLASSIFICATIONS, WHICH INCLUDE CONSUMER REPAIR SERVICES, GUIDANCE SERVICES, WHICH IS A CIVIC USE AND PET SERVICES. SO ALLOWING FOR PET SERVICES WILL PARTIALLY ADDRESS THE CODE VIOLATION THAT IS ON THIS PROPERTY. UM, HOWEVER, THE INDOOR SPORTS AND RECREATION USE IS NOT ALLOWED IN THE LR DISTRICT AT ALL AND REQUIRES GR ZONING. AND SO IF GR IS NOT APPROVED, THEN THEY USED MY CCE AS DIRECTED BY AUSTIN CODE. UH, JUST A COUPLE MORE ITEMS I'D LIKE TO MENTION IS THAT THERE, AS, AS I REFERENCED EARLIER, THERE IS AN ACTIVE CODE VIOLATION ON THIS PROPERTY. THE REZONING APPLICATION WAS FILED IN LATE FEBRUARY OF THIS YEAR AS A FIRST STEP IN ADDRESSING THE CODE VIOLATION. UH, THE APPLICANT HAS INDICATED THAT HE IS PARTIALLY IN AGREEMENT WITH THE STAFF RECOMMENDATION, WHICH WOULD ALLOW FOR THE CONSUMER REPAIR SERVICES, THE GUIDANCE SERVICES AND PET SERVICES, BUT HE WOULD LIKE TO CONTINUE THE INDOOR SPORTS AND RECREATION USE UNTIL I DIFFERENT LOCATION, UH, CAN BE FOUND. UH, THE APPLICANT IS HERE TONIGHT AND THERE ARE, UH, SEVERAL ADJACENT OWNERS THAT ARE, UM, ALSO PRESENT AS WELL, UM, BY PHONE AND IN-PERSON. THANK YOU. THANK YOU. THANK YOU CHAIR. NOW, WE'LL HEAR FROM MR. ALI DOLLAR ROOM, MR. ALL AROUND AS THE APPLICANT YOU'LL HAVE SIX MINUTES WOULD IT BE DIDN'T COMMISSIONER AND, UH, I GRADUATED FROM UT HERE IN AUSTIN, UH, ITT ELECTRONIC ENGINEER, AND NOW I'LL START A BUSINESS AT AN EARLY AGE AND I GOT INTO THE PET SERVICE AND WHAT WE DO HERE AT A SLAUGHTER LANE, WE WORK WITH A VARIETY OF SHELTERS. WE, UH, NOT ONLY DEAL WITH CLIENTS, CUSTOMERS, THAT THEY BRING THEIR DOGS TO US FOR DAYCARE, FOR US TO TAKE CARE OF OUR MAIN MISSION IS TAKING CARE OF THE DOGS THAT SHELTERS CANNOT HANDLE ANYMORE. THE DOGS THAT ARE NOT ABLE TO BE TRAINED. SO THEY UNFORTUNATELY PUT THEM DOWN. SO OUR FACILITY FOXY ROXY COMES IN AND TAKE THESE DOGS AND FIND THEM A NEW HOME. IN A LOT OF CASES, WE HAVE TO TRAIN THESE DOGS. THESE ARE THE DOGS THAT THEY'RE PRETTY MUCH READY TO GO DOWN OR VERY TO KILL THEM. AND WE COME IN AND HELP THEM REHABILITATE THESE DOGS AND FUND THEM A NEW HOME. UH, WE WOULD LOVE TO OPERATE AT THIS FACILITY SO WE CAN SAVE THESE DOGS LIKE WE'VE BEEN DOING. UH, WE KEEP THESE DOGS INDOOR, WE FUND THEM A NEW HOME. WE SEND THEM TO DIFFERENT CITIES. OUR MISSION IS TO PRETTY MUCH SAVE DOGS AS MUCH AS POSSIBLE. SO THESE DOGS ARE NOT GETTING PUT DOWN AND WE HAVE WORKED WITH DIFFERENT VARIOUS SHELTERS. THEY SEND US A RECOMMENDATION LETTERS. UH, ANY QUESTION YOU HAVE, I'M HERE TO ANSWER. THANK YOU. WELL, I'LL HEAR FROM MR. CHRIS COSBY, MR. COSBY. YOU'LL HAVE SIX MINUTES IN OPPOSITION. HELLO, CHAIR, COMMISSIONERS AND AUDIENCE MEMBERS. MY NAME'S CHRIS COSBY. UM, I'M HERE TO SPEAK [01:55:01] IN OPPOSITION TO THIS, UH, ZONING VARIANCE REQUEST. THERE'S A PRESENTATION I PREPARED, BUT I'M NOT THAT GOOD AT POWERPOINT STUFF. UM, I THINK I KIND OF WROTE IT LIKE I WAS GOING TO READ IT OUT LOUD TO YOU ALL AND IT PROBABLY WOULDN'T BE THE BEST WAY TO APPROACH THIS. UH, I'M THE DEMOCRATIC PARTY PRECINCT CHAIR FOR THAT AREA? UM, PRECINCT 3 34, AND I'VE GOTTEN TO KNOW A LOT OF THE NEIGHBORS. LAST YEAR. I SOLD THE RESIDENTS WHERE I LIVED WITH MY DAUGHTER, UM, FOR SIX YEARS FROM 2007, 2015 TO 2020 1 22. AND I KNOW THE, UM, DELLA ROM FAMILY AND HAVE, UH, UM, ELLIE WHO YOU GUYS JUST HEARD FROM TRAIN MY LITTLE DOG. WHO'S LIKE A MINIATURE PINSCHER CHIHUAHUA MIX WITH THE BIG GUARD DOGS. AND SHE ACTUALLY CAME IN REALLY HANDY WHEN PEOPLE WERE BREAKING INTO MY HOUSE AND THE POLICE, IT WAS THE FOURTH TIME AND THEY'D SAID, GET A SHOTGUN AND PRACTICE. SO I DID, AND MY DOG PROBABLY SAVED SOMEBODY'S LIFE. AND, UH, UNFORTUNATELY SINCE WE RECLAIMED THAT PLACE AS A JUNKIE SQUAT, SOME PEOPLE THAT HAD BEEN THERE DOING HARD DRUGS LIKE METHAMPHETAMINE AND FENTANYL AND HEROIN WERE STILL COMING AROUND BECAUSE I DIDN'T, I WASN'T REALLY ABLE TO ENCLOSE THE WHOLE HUGE PLACE. AND FINALLY, AFTER WORKING WITH THAT AND GETTING APD TO, UM, ADDRESS SOME OF THE GRAFFITI ADVERTISING PROSTITUTION THAT WAS IN THE LITTLE CREEK SPACE UNDERNEATH THE RIDDLE ROAD, UM, AND HAVING SOME ENCOUNTERS THAT WERE PRETTY SCARY. UM, I FINALLY DECIDED TO GO AHEAD AND SELL THAT PROPERTY AND I'VE MANAGED TO BUY ANOTHER HOUSE RIGHT THERE IN PRECINCT 3 34 AND CONTINUE TRYING TO ORGANIZE OUR NEIGHBORHOOD. UM, I'VE BEEN A INNER CITY SCHOOL TEACHER AND A COLLEGE PROFESSOR AND PROVIDING INTERPRETERS TO THE CRIMINAL AND CIVIL COURTS IN MY CAREER. AND I'VE SEEN WHAT HAPPENS WHEN PEOPLE DON'T GET THEIR BASIC HUMAN NEEDS MET AND THEY'RE SMOKING METH AND TAKING FENTANYL AND HANGING OUT AT A GAME ROOM, WHICH IS REALLY A CASINO. AND WHEN YOU SEE LIKE SEVERAL MACHETES LEANED UP AGAINST THE DOOR, BECAUSE PEOPLE AREN'T ALLOWED TO BRING THEIR MACHETES INTO THE CASINO, IT KIND OF SENDS A MESSAGE. AND WHEN YOU GO BY AT FOUR IN THE MORNING AND YOU SEE PEOPLE GETTING OUT OF CARS, LOOKING LIKE THEY JUST GOT THROUGH DOING SOME KIND OF JOB AND VERY YOUNG PEOPLE THAT ARE, YOU SEE THOSE KINDS OF PEOPLE ENDING UP IN THE, UM, IN THE CRIMINAL COURTS, UM, WHERE I'VE WORKED. IT REALLY GOT MY ATTENTION. AND, UH, I DO NOT THINK THAT, UM, THAT TYPE OF BUSINESSES, WHAT IS NEEDED IN THE OVERLAYS, I'M NOT AS UP ON ALL THE ZONING AS A, A LOT OF THE PROFESSIONALS I'M ADDRESSING RIGHT NOW, BUT I DID LOOK THROUGH IT AND THE OVERLAYS DID NOT SEEM TO BE DESIGNED TO ALLOW PEOPLE TO DEAL CRACK AND, UM, TRADE AND PROSTITUTION AS PART OF A NEIGHBORHOOD OVERLAY THERE, UH, ELDERLY NEIGHBORS. I DON'T WANT TO REHASH EVERYTHING I PUT IN THIS PRESENTATION FOR YOU. IF YOU GUYS COULD FLIP THROUGH A FEW OF THEM, I DON'T KNOW HOW THIS WORKS. IS THERE A WAY TO MAKE IT GO TO THE NEXT SCREEN TO SAY NEXT SLIDE? OKAY. UM, YEAH. SO IT'S AN ADULT ENTERTAINMENT ESTABLISHMENT THAT YOU GUYS CAN LOOK OVER THIS LATER, IF YOU LIKE. UH, NEXT SLIDE PLEASE. AND, UM, YEAH, AGAIN, THIS IS WHAT I JUST TOLD YOU GUYS, AND JUST A LITTLE BIT MORE DETAIL, NEXT SLIDE PLEASE. AND SOMEHOW THE PRINT GOT REALLY FINE HERE, BUT I'VE WENT TO LLOYD DOGGETT CAUSE HE'S AN OLD FRIEND AND, UM, THE POLICE AND THE SHERIFF'S DEPARTMENT AND THE RAILROAD PEOPLE JUST DIDN'T SEEM TO BE GETTING ON IT. AND LLOYD, UM, ASSURED ME THAT THERE'D BE SOME FEDERAL LAW ENFORCEMENT ATTENTION BECAUSE THESE TYPES OF GAME ROOMS HAVE BEEN LINKED IN THE NEWS, UM, TO SMUGGLING OPERATIONS AND THE RAILROAD TRACK THAT COMES THROUGH TOWN COMES STRAIGHT FROM PARTS OF MEXICO, WHERE FENTANYL IS PRODUCED. AND IT'S VERY EASY TO SMUGGLE THAT STUFF. IT'S VERY CONCENTRATED. AND I THINK THAT, UH, WE'RE VERY LUCKY TO HAVE THE KIND OF PROTECTIONS WE HAVE AND PEOPLE LOOKING INTO THAT. UM, THE FELLOW THAT WAS WAITING ON ME AT THE CRICKET STORE EXPLAINED TO ME THAT HIS AUNT WORKED THERE AND, UH, THAT IT'S USED AS A BASIS BASE FOR SMUGGLING OPERATIONS. AND THEY FIND DISTRESSED RETAIL PROPERTY AND MAKE PEOPLE SOME KIND OF GREAT DEAL. THAT'S GOING TO TAKE THEM OUT OF THEIR FINANCIAL GYM FOR SMALL LANDLORDS AND THEN ALL KINDS OF PROBLEMS COME INTO THE NEIGHBORHOOD. AND THERE'S NEWS COVERAGE OF THAT. UM, AND THE DEL ROMS HAVE BEEN RESPONSIBLE COMMUNITY MEMBERS AND, UH, MR. , HIS DAUGHTER WAS RUNNING A LEARNING CENTER, UM, AT THE PROPERTY WHEN I FIRST MOVED IN THERE AND I MET HER. AND THAT SEEMED WONDERFUL. UNFORTUNATELY, MAYBE THE DEVELOPMENT WASN'T WELL ENOUGH TO ATTRACT THE RIGHT CLIENTS THERE, BUT I THINK PROBABLY SOME KIND OF COMPROMISE WILL WE MET THE DOGS BARK A LOT. THEY DON'T BOTHER ME. I KIND OF LIKE HAVING DOGS AROUND THERE. UM, BUT I THINK THAT THE ISSUE WITH THE, THE GAME ROOM, WHICH IS AN ADULT ENTERTAINMENT BUSINESS, BASICALLY, [02:00:02] UH, MUST BE ADDRESSED IMMEDIATELY IN THE, UM, THE CARNAGE, THE HUMAN CARNAGE I'VE SEEN IN THE PEOPLE TRYING TO GET OFF HEROIN, LAYING ON THE STREET, JUST COVERED UP WITH A SHEET. PEOPLE YOU HAVE TO STEP AROUND. WE CAN DO SOMETHING BETTER WITH THIS SPACE IN OUR NEIGHBORHOOD, WITH THIS LAND TO HELP BUILD COMMUNITY AND BRING HEALING TO OUR COMMUNITY. AND, UM, AS AN ADVOCATE FOR MY COMMUNITY AND AS A CITIZEN AND A NEIGHBOR OF MY FRIENDS, I WANT TO HELP. AND I KNOW YOU GUYS DO TOO. THAT'S WHY YOU'RE SERVING AS COMMISSIONERS HERE. SO I URGE YOU TO DENY THIS ZONING VARIANCE AND, UM, ENCOURAGE STAFF TO CONTINUE TO WORK WITH THE PROPERTY OWNERS, TO FIND A SOLUTION THAT'S GOING TO MEET EVERYONE'S NEEDS. I'M AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU, SIR. NEXT SLIDE. ALL RIGHT. OH YEAH. WE NEED LIKE, UH, DAYCARES AND STUFF. THE, THE PANDEMIC, THE BIG KARATE PLACE, UM, THAT TOOK ALL THE KIDS AFTER SCHOOL. IT'S SHUT DOWN. THIS IS LIKE WHAT WE DO NEED THERE. THANK YOU VERY MUCH. THANK YOU. OKAY, WELL, I'LL HEAR FROM MS. PEGGY MARKS ON TELECONFERENCE, MET SOME MARKS, FEEL SELECT STAR SIX ON YOUR PHONE, AND THEN PROCEEDED WITH YOUR REMARKS. HELLO? HELLO. CAN EVERYBODY HEAR ME? YES. PROCEED WITH REMARKS. THANK YOU. HI, MY NAME IS PEGGY MAR AND I DON'T HAVE ANY DOWN. THIS IS GOING TO COME THROUGH MY HEART FAR ENOUGH. GLASS AM STANDING IN FRONT OF MY KITCHEN WINDOW AND LOOKING 2103 WEST SLAUGHTER LANE DAILY LAST TWO YEARS. AND I AM DEFINITELY OPPOSED. I HAVE GREAT GRANDCHILDREN. THERE'S NOTHING ANYMORE SERVING THAN HAVING A GAMBLE THAT IS OPEN SEVEN DAYS A WEEK, 24 HOURS A DAY. IT'S NOT SHUT. I HAVE INCIDENTS FROM MY RING CAMERA THAT NOTHING COMES OUT GOOD AT IT. I WAS TOLD IT WAS SUPPOSED TO BE A LEARNING, UH, NO DRESS, WHICH I WOULD LOVE TO HAVE THAT FOR ODDITY. I WOULD LOVE TO HAVE ANYTHING BETTER THAN A GAMBLING PLACE. IT'S EASY. IT BREAKS MY HEART TO SEE THIS OUR NEIGHBORHOOD. AND I COULDN'T AGREE MR. CHRIS, ANY MORE THAN WHAT HE HAS SPOKEN. LIKE I SAID, THING WRITTEN, ALL I DO IS SEE THESE PEOPLE COMING IN AND OUT ALL DAY AND DISTURBING, AND THEY HAVE THEIR, THEIR HAVE ISSUES FROM THE BEGINNING AND PEOPLE WHO ARE 24 7 GOING IN A GAMBLING AS A GAMING. IT'S NOT EVEN A GAMING. IT'S NOT A CAFE. HE'S GOT IT IN AS A CAFE. HE KNOWS WHO I AM. I, WE SEE EACH OTHER ON THE FACE. IT'S JUST SAD TO HAVE IN YOUR NEIGHBORHOOD WHERE YOU DO YOUR HOME, HAVE YOUR CHILDREN'S CHILDREN AND HAVE YOUR GRANDCHILDREN AND SAY, I, THERE ARE SO MANY POLICE THERE. THERE WAS POLICE THERE. EVERYBODY COULD PICK IT OUT A DOCUMENT. IT, THEY COME IN, I'D HAVE VIDEO TAPES THAT PEOPLE COME THROUGH THE GATES, RUNNING FROM THEM, CAUSE THEIR OWN PLACE DOT RAW. THAT IS NOT SOMETHING IN A NEIGHBORHOOD. WE GOT SCHOOLS AROUND. THE CORNER IS A CENTER FOR CHILDREN. MY GRANDCHILDREN GO THERE. WHAT WE NEED, THAT'S WHAT WE'RE SUPPOSED TO HAVE. OUR SCHOOLS, OUR CHURCHES, NOT SOMETHING TO HAVE ON A DAILY BASIS. 24, 7 OPEN OR GROCERY STORES ARE NOT OPEN 24 7. WHY IS A GAMBLING PLACE? OPEN FOUR, SEVEN. AND IT IS A GAMBLING. IF YOU, IF THEY HAVE TO HAVE BARS ON THEIR WINDOW, PROTECT THEIR BUSINESS, GO IN WITHOUT SOMEBODY CHECKING YOU OUT BY IT'S ONLY THEIR CIRCLE AND TAKE MY GRANDCHILDREN IN THERE. I WOULDN'T TAKE MY GRANDCHILDREN. I WOULDN'T TAKE MY DOG THERE. AND YOU KNOW ABOUT HIS DOGS, THE DOGS, THEY SAY ALL DAY LONG, THEY HAVE BABIES. I TOOK THE DOG. THERE WERE ALL, THIS WAS HAPPENING WHEN HE WAS SUPPOSED TO BE A DAYCARE ONLY [02:05:01] WITHOUT THE GAMBLE HE TAKES IN DOG. WATCH HIS DOG. AND IT'S A SMALL AREA. LIKE I SAID, I'M SORRY IF I OFFENDED ANYONE I IN IT. BUT IF HE COULD BRING SOMETHING THAT'S WORTH WILD OR NEIGHBORHOOD, HI, THIS IS HEARTBROKEN. THE, AND IF ANYBODY WANTS TO SEE ANYTHING IN ANY MORE QUESTIONS FROM ME GLADLY, BUT MY HUSBAND AND I ARE NOT IN ARE ANY TO ASSAULT ME. WE'RE NOT. YES. THANK YOU VERY MUCH FOR YOUR COMMENTS. THANK YOU. NOW WE'LL HEAR FROM THE APPLICANT ON THREE MINUTE REBUTTAL, MR. DELARM YOU'LL HAVE THREE MINUTES. UH, SPOKE ABOUT THE, OUR DOG PET SERVICE AND THE, A LOT OF THE NEIGHBORS AROUND OUR AREA. UH, MS. PEGGY EVEN BROUGHT HER DOC TO US AND, UH, WE TOOK CARE OF HER DOG AND MR. CHRIS BROUGHT A DOG TO US AND WE TOOK CARE OF THE DOG. AND, UH, I DON'T SEE THE HARM THAT WE'RE CAUSING TO SAVE THESE DOGS. THEY'RE TAKING CARE OF THE DOGS FOR CLIENTS IS JUST ONE PART OF OUR BUSINESS. AS I MENTIONED, OUR MAIN MISSION IS SAVED DOGS THAT THE SHELTERS CANNOT HAVE ANYMORE. THESE DOGS OR THE DOGS HAVE BEEN ABUSED. THESE DOGS ARE THE DOGS THAT AGGRESSIVE, AND THEY'RE ABOUT TO PUT THEM DOWN. UM, I'M CONFIDENT AND I'M TRAINED ENOUGH THAT HANDLED THESE DOGS AND I'VE DONE IN THE PAST. AND, UH, THERE ARE LETTERS THAT, UH, PROVED THAT. AND THAT'S ALL OUR MISSION IS TO BE ABLE TO HAVE OUR PLACE OPEN. SO WE ABLE TO CONTINUE SAVING THESE ANIMALS LIFE. AND WE ALWAYS BEEN, BEEN FINDING THEM GOOD HOMES FOR THEM, THE ONES THAT ARE NOT ABLE TO FIND HOME, WE'LL REPLACE THEM WITH SOMEONE ELSE. WE DON'T CHARGE CUSTOMERS ANY MONEY WHEN WE PUT THESE DOGS UP FOR ADOPTION. I'M NOT SURE WHAT ELSE I CAN ANSWER. AS FAR AS THE ANIMAL PET SERVICE THAT WE DO IN THE PROPERTY, UH, BARKING HIS DOGS, HARDLY ALI BARCH. UH, MR. SANDOR CAME BY THE OFFICER AND HE SEES EVERY TIME HE COME BY DOGS, DON'T BARK. WE KEEP THE NEIGHBORHOOD QUIET. ANYTHING I CAN ANSWER. I'M HERE AT YOUR SERVICE. THANK YOU. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. ALL RIGHT. THANK YOU. SO, UH, DO I HAVE A MOTION CLOSE TO PUBLIC ON DECIDE AND BE SEVEN EMOTION FROM COMMISSIONER? DANCLER DO YOU HAVE A SECOND? OKAY. COMMISSIONER THOMPSON. SECOND. ALL THOSE IN FAVOR. RAISE YOUR HAND. OKAY. AND THAT'S UNANIMOUS. ALL RIGHT. ANY QUESTIONS OR DISCUSSION COMMENTS FROM THE COMMISSION COMMISSIONER GREENBERG? I HAD A LITTLE TROUBLE FOLLOWING WHAT SOME OF THE NEIGHBORS WERE SAYING. ARE THEY ALSO OPPOSING THE ADDITIONAL USES, LIKE THE ANIMAL SERVICES OR WHATEVER, BUT SOMEONE WHO SPOKE, JUST SAY IF YOU'RE OPPOSED. YES. MA'AM. WE'RE NOT OPPOSED TO, UM, THOSE ANIMAL SERVICES. UM, I WAS TRYING TO UNDERSTAND ABOUT THE OVERLAY SYSTEM AND HOW, UH, ZONING IS, UH, YOU GUYS MAKE YOUR DECISIONS AND IT LOOKED LIKE YOU WANTED TO KNOW WHAT NEEDS WERE, UM, IN THE COMMUNITY WHEN YOU'RE TRYING TO DECIDE WHETHER TO GRANT VARIANCES. SO THIS IS NOT A VARIANCE CASE. THIS IS A, A ZONING CASE. AND, UM, THE STAFF IS NOT RECOMMENDING THE, UM, REQUEST. THE STAFF IS RECOMMENDING TO KEEP THE ZONING IN PLACE WITH JUST THREE ADDITIONAL USES. OH, THANK YOU FOR MAKING THAT CLEAR. DID I ANSWER YOUR QUESTION? SO THE THREE ADDITIONAL USES OR CONSUMER REPAIR SERVICES, GUIDANCE SERVICES, AND PET SERVICES, ARE THOSE OKAY WITH YOU AND PRESUMABLY YOUR NEIGHBORS GUIDANCE SERVICE? OH, YES. YES. IN FACT, I THINK IF YOU LOOK AT THE, UM, THE TEXT I PUT INTO THAT POWERPOINT SLIDE ABOUT WHAT WE DO NEED IN THE NEIGHBORHOOD. YEAH. I WAS SAYING THAT WE NEED PLACES WHERE WE CAN CREATE COMMUNITY AND HELP THE PEOPLE THAT ARE CURRENTLY BEING HURT BY THE PROBLEMS I'D MENTIONED. AND I WANT TO SEE THAT AS PART OF, UH, THE PLACE IS GOING TO GO FOUR STORY MIXED USE DEVELOPMENT EVENTUALLY. AND I WANT TO MAKE SURE THAT THE NEEDS IN THE COMMUNITY ARE NOT JUST SWEPT UNDER THE RUG AND THAT THE CITY HOLDS THE PEOPLE ARE GOING TO BE MAKING SUCH A GOOD PROFIT ON THAT TOO. I'M ACCOUNTABLE TO PROVIDING RESOURCES, TO HELP THE MEMBERS OF THE COMMUNITY THAT AREN'T GOING TO BE BENEFITING FROM THAT PROSPERITY AS MUCH. THAT WAS WHERE I WAS GOING WITH THAT RECOMMENDING THE ZONING CHANGE. YES MA'AM. [02:10:02] THANK YOU. YOU'RE WELCOME. OKAY. THANK YOU. UH, ANYTHING ELSE? COMMISSIONER GREENBERG. UM, ARE THERE OTHER QUESTIONS, ANYBODY, ANY OTHER COMMISSIONERS HAVE QUESTIONS OR COMMENTS? COMMISSIONER START? YEAH, I JUST WANT TO CLARIFY. UM, SO THE STAFF RECOMMENDATION IS KEEPING LRM UCO IN PLACE AND THEN RE REMOVING THREE USES, UM, AS PROHIBITED. SO ALLOWING THEM AND THAT'S CONSUMER REPAIR GUIDANCE SERVICES AND PET SERVICES. SO IF WE WERE TO MAKE A MOTION IN FAVOR THAN WE'RE SAYING IN FAVOR OF THE STAFF RECOMMENDATION, WE'LL SAY SPECIFICALLY WITH THOSE. YEAH. SO ACTUALLY READ THE STAFF RIGHT MONDAY. OKAY. THANKS. I JUST WANT TO CLARIFY. YES. YES. THANK YOU. SO WE'LL GET THOSE PROHIBITED USES, UH, YOU KNOW, ON THE RECORD, YOU BET. OKAY. ANY OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS IT'S AS MUCH AS I'D LOVE TO DIVE DOWN THE RABBIT HOLE THAT IS CLOUD NINE, IT WOULD APPEAR THAT STAFF'S RECOMMENDATION IS CONSISTENT WITH THE REQUESTS OF THE NEIGHBORS. THANK YOU, COMMISSIONER BALLOON, I GUESS I'M, I GUESS I'M MOVING TO ACCEPT STAFF RECOMMENDATION. OKAY. IS THERE A SECOND FOR STAFF RECOMMENDATION? ALL RIGHT. COMMISSIONER BARRERA. UH, CHERA BARRERA RAMIREZ IS THE SECOND. OKAY. UH, IS THERE ANY DISCUSSION ON THE MOTION OKAY. UM, AND, UH, LET'S SEE, THE PROHIBITED USES WOULD BE WHATEVER THEY ARE NOW, CONSUMER REPAIR SERVICES, GUIDANCE SERVICES, AND PET SERVICES. OKAY. WELL THIS WOULD NO LONGER BE PROHIBITED. RIGHT. OKAY. SO THEY WOULD REMOVE THOSE THREE USES FROM THE LIST OF PROHIBITED USES, WHICH WOULD MEAN THEY WOULD CON THEY COULD CONTINUE THOSE USES. OKAY. YEAH. YOU KNOW, WELL, I JUST, YOU KNOW, GOSH, THIS CASE, I JUST GOT SO MANY DIFFERENT ANGLES TO IT. I GUESS ONE OF THE CONCERNS I HAVE IS ABOUT THESE, THE CODE VIOLATIONS ASSOCIATED WITH THIS, YOU KNOW, AND, AND, AND, YOU KNOW, YOU KNOW, BASICALLY JUST SAYING THAT'S OKAY. AND, YOU KNOW, AND I'M NOT SAYING THAT'S WHAT WE'RE SAYING HERE, BUT, UH, I, I JUST, I DON'T KNOW, I'M, I'M, I'M, I'M CONCERNED ABOUT THIS, SO I'M PROBABLY GONNA ABSTAIN OR VOTE NO, ON THIS, BECAUSE I'M, I'M CONCERNED ABOUT, ABOUT, UM, THE ISSUES THAT THE NEIGHBORS RAISED ABOUT THE WHAT'S ACTUALLY GOING ON. AND THEN I LOOKED AT THE CRIME STATISTICS FOR THIS AREA HERE WITHIN 500 FEET OVER THE LAST 10 YEARS. AND, AND, UH, ON THE CITY'S CRIME YOU'RE IT SHOWS ABOUT 650 CRIMES WITHIN 500 DIFFERENT KINDS OF CRIMES, AGGRAVATED ASSAULT OR DIFFERENT KINDS OF CRIMES. AND THIS IS, OH, IT'S A FAIRLY HIGH CRIME AREA HERE OVER THE LAST 10 YEARS. SO I AM CONCERNED ABOUT SOME OF THOSE. I'M NOT SAYING ALL OF IT IS DUE TO THIS SITE EITHER. I'M JUST SAYING THAT WHAT I'VE HEARD IS CONSISTENT WITH WHAT, WITH THE STATISTICS I'M READING HERE. SO I DO HAVE A CONCERN THAT COMMISSIONER KOSTA, THANK YOU. UH, SUB-STATE CLARIFIED THE GAMING CENTER THAT THE NEIGHBORHOOD RAISED CONCERN ABOUT IS CURRENTLY NOT, UH, WAS WORKED FOR, OUT OF COMPLIANCE WITH THE ZONING FOR THE AREA AND BY, AND WE'RE NOT ALLOWING THAT, BUT WITH THIS BOAT, SO THAT'LL CONTINUE TO REMAIN SOMETHING THAT CODE COMPLIANCE CAN DEAL WITH. AND THE GENERAL, THE GENERAL, OR THE GR UH, ZONING THAT THE APPLICANT IS REQUESTING IS WHAT WOULD HAVE ALLOWED THEM. IS THAT CORRECT? OKAY. I JUST WANT TO BE JUST CLARIFY THAT. SO YEAH, THE COMMUNITY'S CONCERN FOR THE GAMING CENTER IS STILL, IS STILL ADDRESSED, BUT AT THIS BOOK. OH, OKAY. WELL, THAT'S A GOOD POINT. COMMISSIONER CUSTER, MAYBE I MISUNDERSTOOD. SO, UH, THE GAMING, UH, ACTIVITIES OPERATIONS WOULD NOT BE ALLOWED IF THIS IS ZONING WERE APPROVED, AS LONG AS THEY'RE NOT ALLOWED TO CURRENTLY. CORRECT. SO I UNDERSTAND, BUT VOTING TO ALLOW IT. OKAY. ALL RIGHT. SO, ALL RIGHT. WELL, I STILL HAVE A CONCERN ABOUT HAVING, YOU KNOW, THIS ONGOING ACTIVITY, YOU KNOW, IN THE ISSUES THAT THAT THEY'VE DESCRIBED. SO I'M PROBABLY GOING TO VOTE NO COMMISSIONER DANGLER, SORRY. AS YOU KNOW, I HAVE NEVER SUPPORTED A ZONING CASE WHERE IT'S COME TO US IN TERMS OF CODE VIOLATION. I'VE BEEN REAL CONSISTENT ON THAT. UM, YOU KNOW, SOME, IT'S HARD TO KNOW IF THE APPLICANT KNEW OR DIDN'T KNOW, UH, IT'S ALSO, YOU DON'T WANT TO REWARD SOMEONE IN THIS CASE. I'D BE MORE CONCERNED ABOUT VOTING NO. AND TO SUPPORT THEIR [02:15:01] RECOMMENDATION, THE, THE MOTION, BECAUSE I THINK IT TAKES CARE OF THEIR PRIMARY PROBLEM, WHICH IS THAT THE GAMING, UM, USE, UH, AND I'M ASSUMING THAT'S INDOOR ENTERTAINMENT, BUT I WOULD WORRY MORE ABOUT VOTING. NO, BECAUSE IT'LL GO BACK TO BEING A VACANT PROPERTY, WHICH WILL CREATE PROBLEMS WITH VAGRANTS, YOU KNOW, POSSIBLY A HOUSE TO BE BROKEN INTO BY THE HOMELESS OR DRUG USERS, ET CETERA. SO I'M GOING TO SUPPORT THE MOTION. OKAY. ANY FURTHER DISCUSSION OR COMMENTS. OKAY. SO WE HAVE A MOTION, UH, TO APPROVE STAFF RECOMMENDATION, UH, FOR THIS CASE, WHICH IS L R M U C O WITH THE PROHIBITED USES, LET'S SEE REMOVED. UH, LET'S SEE, I'M SORRY. I, I JUST HAD THOSE IN FRONT OF ME AND I NEED TO READ THEM INTO THE RECORD HERE TO MAKE SURE I GET THEM. YEAH, IT WOULD, UM, THE CONDITIONAL OVERLAY WOULD BE MODIFIED TO REMOVE THREE USES FROM THE USE LIST IN ORDER TO, IN THE ORDINANCE AS SHOWN IN EXHIBIT B FEW MORE WORDS, CONSUMER REPAIR SERVICES, UH, GUIDANCE SERVICES, AND PETS. RIGHT. SO, YES. SO, SO IT'S, UH, UH, STAFF RECOMMENDATION TO LR IN UCO WITH, AND REMOVING THREE PROHIBITED USES FROM THE CEO, WHICH ARE CONSUMER REPAIR SERVICES, SERVICES, AND PET SERVICES. IS THAT CORRECT? ALL RIGHT. ALL RIGHT. SO WE HAVE THE MOTION AND THE SECOND, ALL THOSE IN FAVOR OF THE MOTION. RAISE YOUR HAND. OKAY. SO THAT'S 1, 2, 3, 4, 5, 6, 7, ALL THOSE OPPOSED, SAME SIGN AND I'M GOING TO ABSTAIN. ALL RIGHT. SO THAT MOTION PASSES SEVEN SEVEN TO ZERO. ALL RIGHT. SO THE NEXT ITEM ON THE AGENDA [B11. Plat Vacation: C8S-77-136(VAC) - Larry Jameson Subdivision plat vacation; ETJ] ITEM B 11, C EIGHT S DASH 77 DASH 1 36. VAC. LARRY JAMISON SUBDIVISION, PLAT VACATION. YEAH. HI. UM, YES, THIS PLAT VACATION WAS CONSIDERED OR WAS POSTPONED AT THE LAST COUPLE OF DAYS. THAT MEANS ON, UM, I BELIEVE IT WAS, LET'S SEE, MARCH 29TH AND MAY 3RD. UM, AND IT POSTPONE WITH WAITING TO SEE IF THE REPLAT WOULD BE APPROVED WITHOUT ANY CONDITIONS. UM, ON MAY 3RD, KATIE, CAN YOU JUST WALK RIGHT WITH HIM FOR ABOUT 15 MINUTES? OH, SORRY. UM, UM, ON THE, AT THE MAY 3RD MEETING THAT MEETING THE HIDDEN OAKS ESTATE SUBDIVISION REPLAT WAS APPROVED WITH CONDITIONS. SO, UM, WE ARE BRINGING THIS BACK BEFORE YOU TONIGHT BECAUSE THE ZAP CHOSE TO POSTPONE IT TO TODAY, MAY 17TH. UM, AND JUST TO KNOW, WE DID GET AN UPDATE TO THE REPLANT, TO THE HIDDEN THREE PLA LAST WEEK. AND AS FAR AS STAFF IS CONCERNED, THE REPLANT IS APPROVED. WE ARE IN THE PROCESS OF FINALIZING OUR COMMENT REPORT TO BE SENT OUT TO THE APPLICANT. THANK YOU. OKAY. DO WE HAVE SPEAKERS? THANK YOU, CHAIR. WELL, WE SHOULD HAVE THE, UH, APPLICANT PRESENT. UM, NOW I HAVE BOTH DEAN THOMAS AND PAUL, KRISTEN, NOT SURE WHO WANTS TO BE THE PRIMARY SPEAKER. HI, GOOD EVENING. I'M PAUL KRISTIN. I'M THE APPLICANT. UM, AND THANK YOU GUYS FOR YOUR TIME. THIS EVENING. AS, AS JENNIFER POINTED OUT AS PER THE LAST MEETING, YOU RE APPROVED OUR REPLAT FOR HIDDEN OAKS ESTATE SUBDIVISION WITH CONDITIONS. UM, AND AS SHE STATED, WE HELD OVER THE PLAT VACATION TO TONIGHT'S MEETING BECAUSE YOU WANTED TO ENSURE WE CLEARED ALL COMMENTS ON THE HIDDEN OAKS REPLAT AS YOU HEARD, THE COMMENTS HAVE CLEARED AND STAFF IS RECOMMENDING APPROVAL OF THE REPLAT. UM, I UNDERSTAND, UH, MR. BABS IS WHO'S. OUR NEIGHBOR DOWN HILL IS ALSO HERE IN OPPOSITION AND YOU HEARD FROM HIM LAST, LAST TIME AS WELL. AND WE HAVE BEEN IN COMMUNICATION WITH EACH OTHER REGARDING HIS CONCERNS, AND ACTUALLY HAVE COME TO AN AGREEMENT WITH SOME CHANGES. HE ASKS WITH REGARDS TO OUR STORMWATER DRAINAGE DESIGN, MAINTAINING EXISTING SPREAD AND [02:20:01] VELOCITY OF THE STORM WATER AS IT MOVES TO, TO HIS PROPERTY. UM, IT SEEMS AGAIN, WE'VE BEEN IN COMMUNICATION AND I'M SURE HE'LL SPEAK TO THIS. IT SEEMS HIS CURRENT CONCERN IS WITH REGARD TO THE USE OF THE ATLAS 14 CRITERIA BY THE CITY AND COUNTY, THAT ESTIMATE TO HIGHER AMOUNTS OF RAINFALL IN ALL EVENTS. AGAIN, THAT WAS 14 CRITERIA, UM, IS THE NEW CRITERIA FOR PRECIPITATION IN THE, UM, UH, OR WITH OUR, OUR, UH, ANALYSIS THAT WE NEED TO USE, UM, IN THESE HIGHER RAINFALL AMOUNTS, OR WHAT IF THE, EXCUSE ME, IF THESE HIGHER RAINFALL AMOUNTS OCCUR, IT COULD MEAN HIS PEAK WATER FLOW WILL BE AT A HIGHER THAN ORIGINAL DRAINAGE EAR, HIS ORIGINAL DRAINAGE, HE ENGINEERS ESTIMATES, UM, WHILE THE PEAK WATERFLOW COULD BE HIGHER, IT DOES LOOK LIKE HIS ENGINEER WHILE NOT USING ATLAS 14 AS HIS CRITERIA ALLOWED A SAFETY MARGIN. OUR ENGINEER, WHO IS HERE TONIGHT AND CAN SPEAK TO YOU. IT'S DEAN THOMAS. UM, ON ANY QUESTIONS YOU MAY HAVE, UM, DID AN ANALYSIS OF THE IMPROVED CHANNEL. THIS IS THE CHANNEL DESCRIBED IN HIS ANALYSIS BACK IN 2015. AND WHEN I SAY HIS IT'S REALLY WASN'T MR. BABS, IT WAS A FORMER FORMER RESIDENT, UH, WHO HAD HIS ENGINEERED CHANGE, THE DRAINAGE EASEMENT AS IT EXISTED PRIOR. UM, BUT DEAN HAS DONE AN ANALYSIS ON THE APPROVED CHANNEL, WHICH WAS INFORMATION WE RECEIVED FROM THEM. WE HAD SOME ANALYTICAL INFORMATION ON THAT CHANNEL. AND WHAT WE HAVE SEEN IS THAT THE DEPTH AS RECOMMENDED FOR THAT CHANNEL IS THREE FEET. WELL USING ATLAS 14, THE NEW CRITERIA BY THE CITY AND THE COUNTY, THE INCREASED DEPTH, THAT'S THE HEIGHT OF THE WATER IN THAT CHANNEL INCREASES FROM ONE AND A HALF FEET TO 1.6, THREE FEET. SO THAT'S AGAIN WITH THE NEW CRITERIA FROM OUR, MY ENGINEER'S ANALYSIS, IT'S ABOUT A ONE AND A HALF INCH, ONE AND A HALF INCH INCREASE, UM, IN THE WATER HEIGHT THAT COMES THROUGH THAT CHANNEL. SO BY MY ENGINEER'S ANALYSIS, THE IMPROVED DRAINAGE CHANNEL HAS SUFFICIENT CAPACITY BASED ON THOSE CRITERIA THAT WERE GIVEN TO US AND FROM THE PREVIOUS ENGINEER AND THE INCREASED INFLOW BY ATLAS 14. SO UNDER CODE, WHAT WE ARE REQUIRED TO DO IS TO DEMONSTRATE THAT WE WILL NOT CONVEY ANY MORE STORM WATER THAN MR. BABS WOULD RECEIVE FROM THE UPSTAIRS, UPSTAIRS UPSTREAM DRAINAGE AREA, USING ATLAS 14 ESTIMATES FOR THE AMOUNT OF RAINFALL THAT COULD POSSIBLY OCCUR. WE HAVE DEMONSTRATED THIS TO THE ENGINEERS IN THIS CITY AND THE COUNTY, AND THEY UNDERSTAND THIS. AND THAT IS WHY OUR APPLICATIONS FOR BOTH THE REPLAT AND PLAT VACATION HAVE BEEN APPROVED BY BOTH, OR ARE RECOMMENDED FOR APPROVAL BY BOTH THE CITY AND THE COUNTY STAFFS AND ENGINEERS, AND ALSO THE COMMISSIONER'S COURT HAS, UH, APPROVED THIS APPLICATION. THANK YOU. THANK YOU. UM, MR. DEAN THOMAS, I HAVE USED HER REGISTERED SPEAKER NOTED. THANK YOU, MR. DANIEL BABS, HAVE YOU AS A REGISTERED SPEAKER, MR. BABBS, YOU'LL HAVE SIX MINUTES, THE PRESENTATION, GOOD EVENING COMMISSIONERS. UH, YOU CAN GO TO THE NEXT SLIDE. SO I RAISED THIS LAST TIME FOR THOSE THAT WERE AT THE MEETING. UM, JUST PUT SOME SLIDES TOGETHER TO KIND OF PUT A LITTLE MORE DETAIL AROUND IT. WHAT YOU'RE SEEING HERE IS, UM, ACTUALLY FROM THE JUNE 30TH, 2021 HIDDEN NOTES OF STATE'S ENGINEERING REPORT DONE BY MR. THOMAS AND WHAT I'VE HIGHLIGHTED IN YELLOW, THERE IS AN AREA THAT'S ACTUALLY ABOVE THE APPLICANT'S PROPERTY. SO THE APPLICANT'S PROPERTY IS ACTUALLY KIND OF AROUND WHERE I'VE DEMONSTRATED. AND JUST FOR ILLUSTRATION PURPOSES, THESE RED LINES THAT ARE SHOWING THE NEW IMPROVED STORM DRAINS THAT ARE GOING TO BE PUT IN. SO WHEN WE TALK ABOUT EXISTING CONDITIONS, THE CURRENT CONDITIONS IS AN 80 FOOT WIDE WATERWAY UNDER A HUNDRED YEAR FLOOD. THAT IS ON THE PLAT RIGHT NOW, AND DROPS INTO THE CENTER OF THE DRAINAGE EASEMENT THAT WAS RECORDED WITH TRAVIS COUNTY IN 2015 AND APPROVED AT THE CODES AND THE DRAINAGE CRITERIA OF FOR 2015. SO WHEN THE WATER IS RUNNING ACROSS, IT, THERE'S ENTIRELY DIFFERENT RUNOFF, COEFFICIENTS [02:25:01] THAT ARE USED. IT'S TREES, IT'S SOIL, UM, AND, AND GRASS. UH, NOW WE'RE GOING TO GO TO VERY SMOOTH, VERY DIFFERENT RUNOFF COEFFICIENTS. WHEN YOU GET TO CONCRETE PIPE OF THE SIZES THAT YOU'RE SEEING HERE, THESE ARE QUITE LARGE BECAUSE THERE'S A LOT OF DRAINAGE THERE FOR 77% OF THE FLOW IS COMING FROM ABOVE THE APPLICANT'S PROPERTY AND BEING CONVEYED DIRECTLY TO MY PROPERTY. NEXT SLIDE. THIS IS JUST FOR ILLUSTRATION PURPOSES, TRYING TO DEMONSTRATE WHAT I'M THE POINT I'M TRYING TO MAKE IS NOW WE HAVE TWO DIFFERENT PIECES OF CRITERIA. WE HAVE A NEW SYSTEM THAT MR. KRISTEN IS WORKING WITH THE CITY TO GET APPROVED AND HE IS REQUIRED. AND I UNDERSTAND THE NEW CRITERIA, BUT HE'S MAKING IT TO AN OLDER SYSTEM. THE SYSTEM THAT WAS DESIGNED BY CRITERIA THAT WAS OF IN CURRENT, IN 2015, THE EXACT SAME DRAINAGE CRITERIA MANUAL THAT'S BEING USED TODAY. YOU CAN SEE THAT THERE'S APPROXIMATELY 171 CFS MAX PEAK FLOW THAT'S ESTIMATED ON THE NEW FLOW, BUT WHEN MY DRAINAGE EASEMENT WAS PUT IN PLACE, THE PEAK FLOWS THAT WERE DEMONSTRATED BY THAT ENGINEER AND PROVIDED TO THE COUNTY AND APPROVED BY THEM FOR THE REVIEW WAS 1 33 CFS. I'M SHOWING THIS VERY SIMPLY AS A PIECE OF PIPE, JUST TO KIND OF CONVEY THE FACT THAT IF YOU HAVE A BILL OF LARGE PIPE CONNECTED TO A SMALL PIPE, THE SMALL PIPES IS GOING TO DICTATE THE FLOW, BUT IT'S NOT A PIPE ON MY SIDE. IT'S A SYSTEM, IT'S A COMBINATION OF CHANNELS, GREATS. UM, UM, SORRY, I LOST MY TRAIN OF THOUGHT AND, AND A BURN WALL. THERE'S AN X, A BERM THAT'S IN FRONT OF THE RESIDENTS TO HELP TURN THE FLOW AND DIRECT IT DOWN THE IMPROVED CHANNEL, WHICH WAS REFERENCED TO EARLIER. SO AGAIN, BACK TO MY POINT, YOU KNOW, I KNOW THAT AUSTIN ADOPTED, UH, ALICE 14. I UNDERSTAND THE WHOLE REASON FOR IT. I'M NOT AGAINST IT. WHAT I'M SAYING IS THAT IT DOESN'T BECAUSE YOU PUT IT IN THE CODE. IT DOESN'T GUARANTEE THAT THESE SYSTEMS ARE COMPATIBLE WITH ONE ANOTHER. IN FACT, THERE'S NUMEROUS PUBLIC DOMAIN STUDIES TEXTILES HAS ON NUMEROUS STUDIES FOR THIS VERY SAME ISSUE. THE FACT THAT THERE'S A LOT OF D UH, INFRASTRUCTURE, OLDER INFRASTRUCTURE, THAT'S IMPACTED SOME OVERSIGHTS I'M UNDER SIZE, AND THIS IS CREATING A PROBLEM. SO AGAIN, NEXT SLIDE, PLEASE. MY QUESTION IS WHAT IS THE DEFINITION OF EXISTING FLOW CONDITIONS? WHEN YOU'RE TALKING ABOUT MEETING AN OLDER SYSTEM TO A NEWER SYSTEM, AND WHERE DOES RESPONSIBILITY LIE? MY DREAMS EASEMENT, I'M NOT OUT OF CODE. I AM. THERE'S NOTHING THAT'S, THAT'S NOT MEETING WHAT'S REQUIRED HERE. IT WAS DONE EXACTLY. AND IS COMPLIANT WITH THE CODE OF 2015 WHEN IT WAS APPROVED BY TRAVIS COUNTY. ALL I'M ASKING IS WHAT IS THE EXISTING CONDITIONS? BECAUSE IF YOU USE THE EXISTING CONDITION FOR ATLAS, YOU'RE ACTUALLY OVERESTIMATING AND SAYING, WELL, THAT'S WHAT IT WAS IN 2015 AND TWO, AND TODAY IT'S 171. WELL, NOW THEY CAN CONVEY MUCH MORE WATER. THEY DON'T HAVE TO RETAIN AS MUCH, BUT I'M RECEIVING ALL THAT. AND IF THAT EVENT REALLY DOES HAPPEN AND ALL THESE ESTIMATES ARE TRUE AND HE HAD SAFETY MARGIN, WHICH EVERY GOOD ENGINEER WILL DO. I MEAN, HE'S GOING TO BE ABLE TO GIVE EVEN MORE THAN 171 CFS PROBLEM. THAT'S LANDING AT MY DOORSTEP. THAT'S MY POINT. SO, I MEAN, I'VE, I'VE PUT THE TITLE 30 CODE HERE. I KNOW YOU GUYS ARE PROBABLY FAMILIAR WITH IT. I'VE HIGHLIGHTED A COUPLE OF THOSE SUBSECTIONS, WHICH I THINK APPLY. SO I THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION. THANK YOU. WE'LL NOW HEAR FROM, UM, MR. UH, PAUL CHRISMAN FOR OUR THREE MINUTE REBUTTAL UM, THE ONLY THING I WOULD REBUT ON ON THAT, UM, AND WE ALL KNOW THAT I HAVE TO WORK WITHIN THE CONFINES THAT I'M GIVEN, UH, UNDER CODE, UM, WITH REGARDS TO, UM, UH, ATLAS 14. BUT THE ONLY THING IS, IS THAT THE PIPE THAT HE'S DEMONSTRATING, UM, UH, THE, THE, THE ACTUAL MODELS HE'S USING ARE NOT AN ACTUAL APPLES, APPLES COMPARISON. UM, AND I THINK IN PART TO CREATE, UH, YOU KNOW, TO SHOW A LITTLE BIT LARGER DISPARITY, BUT, YOU KNOW, THERE'S STILL A DISPARITY. UM, IF YOU USE THE SAME MODEL AND WHAT THE DIFFERENCE WOULD BE IS NOT THE 29% HE SHOWED, BUT WHAT WE'VE ANALYZED, WHAT MY ENGINEER HAS ANALYZED, WHICH WOULD BE THE 16TH, IT WOULD BE ABOUT A 16 TO 17% INCREASE IN FLOW, UM, UNDER THE ATLAS 14 MODEL. SO AGAIN, IT'S, IT'S A, IT'S A CRITERIA WHERE WE NEED TO DEAL WITH. UM, AND THAT HAS AGAIN, PER CODE. WE HAVE TO, WE, WE HAVE TO ACCOUNT FOR ON OUR PROPERTY. UM, AND I UNDERSTAND MR. BABS, CURRENT DRAIN JASMINE ENGINEER WAS NOT, YOU KNOW, IN THE ENGINEERING WAS NOT BASED ON THAT CRITERIA, BUT THE OLD, THE OLD ONE, [02:30:01] BUT THE FACT OF THE MATTER IS, AND AGAIN, I DON'T KNOW WHERE THIS GOES, HONESTLY, GUYS, BUT MR. BABS IS NOT ALONE IN THIS. HOWEVER, I MEAN, TH THAT WAS 14 CRITERIA IS SOMETHING NOW THAT ALL HOMEOWNERS AROUND THE CITY AND THE COUNTY WHO HAVE OLD CRITERIA FOR THEIR DRAINAGE EASEMENTS NEED TO CONSIDER FURTHER PROPERTIES. UM, SO IT'S, IT'S, HE'S NOT THE ONLY ONE IN THIS SCENARIO, AS YOU GUYS ARE PROBABLY, OR MAY BE AWARE AGAIN, I'M JUST GOING TO CONVEY UNDER CODE. YOU KNOW, WE ARE REQUIRED TO DEMONSTRATE THAT WE WILL NOT CONVEY MORE STORM WATERS THAN MR. BAZ WOULD RECEIVE FROM OUR UPSTREAM DEVELOPMENT USING ATLAS 14 ESTIMATES FOR THE AMOUNT OF RAINFALL THAT MAY OCCUR. WE HAVE AGAIN, AND I'LL SAY IT AGAIN, DEMONSTRATED THIS AND THE ENGINEERS IN THE CITY AND THE COUNTY UNDERSTAND THIS. AND AGAIN, THE REASON WHY OUR APPLICATION FOR REPLAT AND PLAT VACATION ARE BOTH RECOMMENDED FOR APPROVAL. AND I ASK YOU THAT YOU GUYS DO THE SAME. APPRECIATE IT. THANK YOU, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. THANK YOU VERY MUCH. AND, UH, DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? OKAY. COMMISSIONER DINKLER MOVES TO CLOSE THE PUBLIC HEARING SECONDED BY CHAIR BARRERA, RAMIREZ, ALL THOSE IN FAVOR. RAISE YOUR HAND. OKAY. SO THAT'S UNANIMOUS. AND JUST BY THE WAY, WE HAVE SIX COMMISSIONERS, SO THAT IT'S GOING TO TAKE ALL THE COMMISSIONERS HERE TO, YOU KNOW, TO VOTE FOR THIS, OR, YOU KNOW, APPROVE THIS. OKAY. ALL RIGHT. ANY DISCUSSION COMMISSIONER DENTLER YOU'RE MUTED. SORRY. UM, MR. BABS, HAVE YOU SHARED YOUR CONCERNS WITH THE CITY DRAINAGE STAFF? UM, EITHER DURING THE SUBDIVISION PROCESS OR THIS REPLANTING PROCESS, WERE THEY ABLE TO ALLEVIATE YOUR CONCERNS? UH, SINCE THIS ISN'T A DIRECT APPLES TO APPLES COMPARISON, THE DRAINAGE REVIEW DOESN'T LIE IN THE CITY. IT LIES WITH TRAVIS COUNTY CAUSE WE'RE IN THE TJ. SO ARE YOU ABLE TO TALK TO THE DRAINAGE STAFF AT, UH, THE COUNTY? YEAH, SO THEIR POSITION AND THE RESPONSE THAT I GOT IS THAT THEY'VE PUT PROVISIONS AND PLATINUM PLAT NOTES IN PLACE, AND THEY'RE WAITING FOR CONSTRUCTION PLANS AND THEN THEY'LL MAKE THE REVIEW. SO THE ONLY THING THAT THEY REVIEWED IS ON THE CONTEXT OF APPLY, AND IF THEY GET TO THE CONSTRUCTION AND THEY FIND THAT IT'S NOT MEETING CODE, THEN THEY'LL PROBABLY PUSH BACK, PUSH FOR A REPLAT IF IT DOESN'T MEET CODE, BUT THEY HAVE NOT DONE A DETAILED REVIEW IN WHAT THE POINT THAT I'M RAISING HERE. GOTCHA. THANK YOU. OKAY. ANY OTHER QUESTIONS OR COMMENTS FROM COMMISSION? OKAY. UH, I, I, AS I UNDERSTAND, DO WE HAVE ANY STAFF, I GUESS THE COUNTY DID THEIR REVIEW OF THIS DRAINAGE? YES, THAT IS CORRECT. OKAY. AND DO WE HAVE, IS THE COUNTY STAFF AVAILABLE TO ANSWER QUESTIONS? AND AS FAR AS I KNOW, NOBODY IS PRESENT THIS EVENING, I THINK, YOU KNOW, I JUST, YOU KNOW, I JUST HAD, YOU KNOW, THE POINT THAT WAS BROUGHT UP BY A SPEAKER TONIGHT ABOUT, YOU KNOW, ESSENTIALLY THAT WE HAVE EXISTING INFRASTRUCTURE BASED ON OLDER, YOU KNOW, STANDARDS, WHICH, WHICH, YOU KNOW, THEY MET THAT STANDARD. AND NOW WITHOUT THIS 14, WE'RE KIND OF RAISING THAT STANDARD AND WE'RE CONNECTING THAT EXISTING INFRASTRUCTURE TO THIS NEW INFRASTRUCTURE THAT CAN HANDLE THAT ADDITIONAL RUNOFF AND RAINFALL. SO I, I SEE HIS POINT, HE MAKES A GOOD POINT AND I, AND, AND, BUT I, SO I THINK THAT WOULD BE A GOOD TOPIC FOR US TO LOOK AT LATER ON, MAYBE WHEN WE'RE TALKING ABOUT, YOU KNOW, THE, THE FLOOD MITIGATION, UH, OUR, OUR, UH, WORKING GROUP HERE ON DRAINAGE. SO, UH, BUT, UH, I'M MY UNDERSTANDING IS THAT STAT, THAT THAT'S PART OF STAFF'S AND THEY THEY'RE, THEY'RE SAYING THAT IT MEETS THE CODE THAT IT'S NOT GOING TO CAUSE ADVERSE EFFECT ON THE ADJACENT PROPERTY OWNERS IS CORRECT. OKAY. THAT'S THE MAIN THING, YOU KNOW, AS COMMISSIONER DENVER. UH, I'M SORRY. DID I HAVE, WERE YOU FINISHED WITH YOUR COMMENTS, COMMISSIONER KING? YES, I AM. OKAY. MS. BENNETT, MR. BABS INDICATED THAT THE DRAINAGE STAFF WON'T FULLY REVIEW IT UNTIL CONSTRUCTION PLANS. SO IS THAT, WAS HIS UNDERSTANDING, CORRECT. ARE YOU JUST SAYING IT MEETS, UH, THE CODE OR THE PROCESSES AS OF NOW? OR ARE YOU SAYING, ARE YOU AGREEING WITH WHAT HE'S SAYING? [02:35:02] IF I'M NOT MAKING SENSE, I'VE DONE A LITTLE BIT. LAUGHTER THAT MAKES PERFECT SENSE. UM, WHAT YOU JUST SAID, THAT IT COMPLIES WHERE, WHERE WE ARE IN THE PROCESS FOR PLATS AND, UM, DUE TO THE SHOCK CLOCK, UM, THE HB 31 67, WE KNOW, UM, LOOK AT THE PLAT FIRST AND THEN THE CONSTRUCTION PLAN ISN'T EVEN LOOKED AT UNTIL AFTER THE PLOT IS REALLY IMPROVED. OKAY. GOT IT. OKAY. THANK YOU. AND MAY I JUST FOLLOW UP IF THERE'S NO OTHER COMMENTS FROM THE COMMISSIONERS? UH, UH, SO WITH STAFF ON THIS, IT'S MY, MY UNDERSTANDING ALSO IS THAT WHEN YOU DO GET DOWN TO THAT CONSTRUCTION PHASE WHERE YOU HAVE MORE OF THE DETAILS AND, AND, AND, UH, THAT THIS IS WHERE THIS ISSUE THAT WAS BROUGHT UP EARLIER TONIGHT, UH, ABOUT THE OLD DRAINAGE INFRASTRUCTURE, CONNECTING IT TO THE NEW DRAINAGE INFRASTRUCTURE, W THAT ISSUE THAT HE BROUGHT UP THAT WILL, THAT BE ADDRESSED DURING CONSTRUCTION. IF THE, IF THE, IF THE OLD INFRASTRUCTURE DRAINAGE INFRASTRUCTURE CAN HANDLE THE RUNOFF FROM THE NEW INFRASTRUCTURE, WOULD, HOW WOULD THAT BE ADDRESSED BEFORE CONSTRUCTION STARTS? UM, YES, THAT'S MY UNDERSTANDING. UM, THE COUNTY HAS THE DRAINAGE REVIEW AUTHORITY IN THE ETJ AND ULTIMATELY WITHOUT, UH, THEY'RE PROPOSING ONSITE PONDS. ULTIMATELY IF THEIR CONSTRUCTION PLANS CANNOT BE APPROVED, THEN THEY CANNOT DEVELOP THE PROPERTY EVEN WITH IT BEING CLOUDED. OKAY. ALL RIGHT. THANK YOU. OKAY. ANY OTHER QUESTIONS OR COMMENTS, OR DO WE HAVE A MOTION FROM COMMISSION? UH, COMMISSIONER ACOSTA? UM, I THINK THAT THE APPLICANT HAS WORKED DILIGENTLY WITH THE CITY AND HAS BEEN PATIENT IN THE PROCESS, AND THAT WILL CONTINUED. SO I HAVE MOVED THAT WE RE UH, FOLLOW STAFF'S RECOMMENDATION TO, UH, VACATE THE PLAT. OKAY. SO THE MOTION BY COMMISSIONER KOSTA TO, UH, TO APPROVE STAFF RECOMMENDATION TO APPROVE THIS VACATION. UH, DO I HAVE A SECOND, A SECOND MOTION. OKAY. COMMISSIONER STERN. SECOND. SOME MOTION. ANY DISCUSSION ON THE MOTION? OH, I'M SORRY. COMMISSIONER BOON. I'M SORRY. UH, SORRY. COMMISSIONER BOON. OKAY. COMMISSIONER BALLOONS SECONDED THAT MOTION. OKAY. ANY DISCUSSION ABOUT THE MOTION? OKAY. IF NO. DOES JESSICA CUT? NO DISCUSSION. ALL THOSE IN FAVOR OF THE MOTION. RAISE YOUR HAND. OKAY, SO THAT'S UNANIMOUS, IT'S APPROVED. THANK YOU. OKAY. SO THAT, AND THIS SECTION OF OUR AGENDA, WE'RE MOVING TO NOW ITEMS, UH, ITEMS, SECTION C ITEMS FROM THE COMMISSION, UH, NUMBER ONE DISCUSSION POSSIBLE ACTION REGARDING MATTERS RELATED TO THE LAND DEVELOPMENT CODE. ANY DISCUSSION ABOUT THAT? I DON'T SEE ANY MOVING TO FUTURE AGENDA [D. FUTURE AGENDA ITEMS] ITEMS. DO WE HAVE ANY FUTURE AGENDA ITEMS? UH, COMMISSIONER DANGLER. I WANT TO DO PUT ON TWO DIFFERENT AGENDA ITEMS. UM, I HAD SPOKEN TO COMMISSIONER GREENBIRD THAT'S WHERE SHE HAD TO LEAVE THE MEETING. UM, WE HAVE HAD CASE AFTER CASE AFTER CASE WAS SUBSTANDARD ROADS. AND THE RESPONSE WE TEND TO GET IS IT WILL BE DEALT WITH IN THE FUTURE. I THINK WE NEED TO GET, UH, I'D LIKE TO GET A REQUEST OF THE SUB-LIST OF SUBSTANDARD ROADS FOR THE CITY OF AUSTIN. WE SHOULDN'T HAVE TO BE LOOKING AT THE PAVEMENT WITH TRYING TO DETERMINE IF IT'S CLASSIFIED AS SUBSTANDARD. AND I'D LIKE TO KNOW IF IT'S ON THE CIP SHORT-TERM LIST OR THE LONG-TERM CIP LIST. THAT'S FOR STARTERS, I THINK WE NEED A BRIEFING ON THE PROPOSED ZONING GRAPHIC ANALYSIS. I'D LIKE TO SEE IF WE CAN GET THAT ON THE LET'S MAKE IT EASY ON STAFF. CAUSE THEY'RE TRYING TO UPDATE THE TRACKER CRITERIA MANUALS. SO LET'S PROPOSE IT FOR OUR SECOND MEETING IN JUNE IF THEY'RE AVAILABLE. AND THEN FINALLY, I WOULD LIKE TO PUT SOMETHING ON THE AGENDA TO GET A AMENDMENT TO THE ASM P TO GET ROGER'S LANE ON AMENDED. IT MAY BE THAT THIS IS SOMETHING THE STAFF CAN DO INTERNALLY BEFORE THEY PROVIDE THE FINAL LIST OF AMENDMENTS TO COUNCIL. I'M NOT CLEAR WHERE THEY ARE IN THE PROCESS. IF NOT, THEN WE CAN CERTAINLY INITIATE IT. UH, I'LL BE HAPPY TO VISIT WITH, UM, THE FOLKS THAT HAVE BEEN DEALING WITH THAT PLANNING, UH, ASPECT OF IT. THEY BRIEFED US TWO WEEKS AGO. SO, UM, LOOKING FOR CO-SPONSORS ON ANY PORTION OF MY SUGGESTIONS. OKAY. WHAT DO WE HAVE CO-SPONSORS FOR [02:40:01] THESE ITEMS? OKAY. I'LL CO-SPONSOR THE BOTH ITEMS IN. OKAY. OKAY. ALSO LOUIS, I'LL PUT THIS IN WRITING AND SEND IT TO ANDREW JUST TO BE HELPFUL. UM, HE CAN DISTRIBUTE IT IF SO EVERYONE'S ON THE SAME PAGE. OKAY. OKAY. SO ANY OTHER FUTURE AGENDA ITEMS, IF NON WE'RE GOING TO COMMITTEE REPORTS [E. COMMITTEE REPORTS & WORKING GROUPS] AND WORKING GROUPS, DO WE HAVE ANY COMMITTEE REPORTS FROM THE CODES AND ORDINANCES JOINT COMMITTEE? YES. WE MET, UH, TWO IN A SPECIAL CALLED MEETING TO DISCUSS THE SOUTH, UH, WATERFRONT, UM, SOUTH CENTRAL WATERFRONT OVERLAY. THE COMMISSION VOTED TO INITIATE A REGULATORY PLAN FOR THE HUNDRED AND 18 ERIC ACRES. IT DOES INCLUDE THE AREA IN THE STATESMAN PAD, UH, OR SNOOPY PAD, DEPENDING ON WHAT YOU REFERENCED IT BY. UH, WE SUGGESTED THAT THE ENVIRONMENTAL COMMISSION LOOK AT IT THAT INCREASED, UM, INPUT, THE OUTREACH BE GIVEN AND THAT THE STAFF CONDUCTING COST BENEFIT ANALYSIS ON, UH, ANY PROPOSED RECOMMENDATIONS THAT WAS THE ACTION TAKEN. THERE WAS LOTS OF DISCUSSION ABOUT MFI, WHAT LEVEL IT SHOULD BE, HOW MUCH SHOULD BE ONSITE INSIDE, UH, OR FEE AND LOW OF. UH, WE ALSO DISCUSSED PARKING REQUIREMENTS, UM, AND EXTENSIVE DISCUSSION ABOUT OUTREACH AND, UH, FAN LIEU OF THANK YOU. THANK YOU. OKAY. UH, DO YOU HAVE A REPORT FOR THE COMPREHENSIVE PLAN JOINT COMMITTEE? MAYBE WE HAVE A TENTATIVE MEETING SCHEDULED FOR JUNE 9TH. THANK YOU. OKAY. AND A REPORT FOR THE SMALL AREA PLANNING JOINT COMMITTEE. WE HAVEN'T HAD A, WHAT WE WOULD SEE ARE WE HAVE A MEETING COMING UP AND LET'S SEE IT IS GOING TO BE ON, UH, IT LOOKS LIKE IT'S JUNE THE FIRST WE HAVE A SMALLER AREA MEETING. SO I WILL REPORT ON THAT WHEN AFTER THAT MEETING, UH, K THE ONION CREEK, LOCALIZED FLOODING WORKING GROUP, WE DON'T HAVE AN UPDATE YET ON THAT, BUT LAST I HEARD THAT COME FROM COMMISSIONER SMITH IS THAT SOMETHING IS BEING SCHEDULED HERE THAT, UH, UH, FOR, UH, AN UPDATE FROM STAFF. SO, UH, WE'LL WE'LL ADDRESS THAT NEXT MEETING. SO ANYWAY, ANY, ANY OTHER REPORTS, IF NONE, THEN WE'VE ENDED, WE'VE GONE THROUGH THE AGENDA. SO WITH NO, UH, OPPOSITION, WE'RE GOING TO END THE MEETING. THANK YOU VERY MUCH FOR STEPPING IN. THANK YOU. APPRECIATE IT. THANK YOU. AND YOU NEVER KNOW WE'RE IN THE GARDEN. IF THEY WERE REAL LOUD, . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.